CHAPTER 1— COUNCIL OF NATIONAL DEFENSE
A Council of National Defense is established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor.
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
For transfer of certain membership functions, insofar as they pertain to Air Force, which functions were not previously transferred from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 40 [App. C(11)], July 22, 1949.
The Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work.
Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
It shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation.
The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed.
Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto. When deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures.
Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
[Repealed]
CHAPTER 2— BOARD OF ORDNANCE AND FORTIFICATION
[Repealed]
CHAPTER 3— ALIEN ENEMIES
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title , is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.
After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.
When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be.
CHAPTER 4— ESPIONAGE
[Repealed]
Repeal of sections 31 to 39 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
[Repealed]
Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
CHAPTER 4A— PHOTOGRAPHING, SKETCHING, MAPPING, ETC., DEFENSIVE INSTALLATIONS
[Repealed]
Repeal of sections 45 to 45d effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
CHAPTER 4B— DISCLOSURE OF CLASSIFIED INFORMATION
[Repealed]
Section 56(l) of act Oct. 31, 1951, provided that the repeal of sections 46 to 46b shall not affect any rights or liabilities existing hereunder on Oct. 31, 1951.
CHAPTER 4C— ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS INFORMATION REWARDS
Any person who furnishes original information to the United States—
shall be rewarded by the payment of an amount not to exceed $500,000.
leading to the finding or other acquisition by the United States of special nuclear material or an atomic weapon which has been introduced into the United States or manufactured or acquired therein contrary to the laws of the United States, or
with respect to the introduction or attempted introduction into the United States or the manufacture or acquisition or attempted manufacture or acquisition of, or a conspiracy to introduce into the United States or to manufacture or acquire, special nuclear material or an atomic weapon contrary to the laws of the United States, or
with respect to the export or attempted export, or a conspiracy to export, special nuclear material or an atomic weapon from the United States contrary to the laws of the United States,
Act July 15, 1955, ch. 372, § 1, 69 Stat. 365, as amended by Pub. L. 93–377, § 1(a), Aug. 17, 1974, 88 Stat. 472, provided:
“That this Act [enacting this chapter] may be cited as the ‘Atomic Weapons and Special Nuclear Materials Rewards Act’.”
The Attorney General shall determine whether a person furnishing information to the United States is entitled to a reward and the amount to be paid pursuant to section 47a of this title . Before making a reward under this section the Attorney General shall advise and consult with the Atomic Energy Commission. A reward of $50,000 or more may not be made without the approval of the President.
If the information leading to an award under section 47b of this title is furnished by an alien, the Secretary of State, the Attorney General, and the Director of Central Intelligence, acting jointly, may determine that the admission of such alien into the United States is in the public interest and, in that event, such alien and the members of his immediate family may receive immigrant visas and may be admitted to the United States for permanent residence, notwithstanding the requirements of the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.].
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
The Attorney General is authorized to hold such hearings and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this chapter.
A determination made by the Attorney General under section 47b of this title shall be final and conclusive and no court shall have power or jurisdiction to review it.
Any awards granted under section 47b of this title shall be certified by the Attorney General and, together with the approval of the President in those cases where such approval is required, transmitted to the Director of Central Intelligence for payment out of funds appropriated or available for the administration of the National Security Act of 1947, as amended.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
As used in this chapter—
The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation.
The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.
The term “special nuclear material” means plutonium, or uranium enriched in the isotope 233 or in the isotope 235, or any other material which is found to be special nuclear material pursuant to the provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.].
The term “United States,” when used in a geographical sense, includes Puerto Rico, all Territories and possessions of the United States and the Canal Zone; except that in section 47c of this title, the term “United States” when so used shall have the meaning given to it in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
CHAPTER 5— ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY
SUBCHAPTER I— ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS
[Repealed]
[Repealed]
Repeal effective 90 days after Sept. 1, 1954, see section 307 of act Sept. 1, 1954.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
The word “person” as used in subsections (b) and (c) shall include any individual, trustee, firm, association, company, or corporation. The word “ship” shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words “war material” shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. The word “factory” shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or any process, and any shipyard or dockyard. The words “United States” shall include the Canal Zone and all territory and waters, continental and insular, subject to the jurisdiction of the United States.
In time of war the President is authorized and empowered, in addition to all other existing provisions of law:
First. Within the limits of the amounts appropriated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.
Second. Within the limit of the amounts appropriated therefor, to modify or cancel any existing contract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.
Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President.
Fourth. To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory.
Whenever the United States shall cancel or modify any contract, make use of, assume, occupy, requisition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of subsection (b), it shall make just compensation therefor, to be determined by the President, and if the amount thereof so determined by the President is unsatisfactory to the person entitled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section 1346 or section 1491 of title 28 .
Provisions similar to those in this section were contained in the Naval Appropriation Act, 1918, act July 1, 1918, ch. 114, 40 Stat. 719, which terminated six months after the treaty of peace between the United States and Germany (Oct. 18, 1921).
Act July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of the provisions of this section, which authorized the President to acquire, through construction or conversion, ships, landing craft, and other vessels, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.
[Repealed]
SUBCHAPTER II— EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE
[Repealed]
[Repealed]
SUBCHAPTER III— ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS
This subchapter may be cited as the “Strategic and Critical Materials Stock Piling Act”.
Pub. L. 100–180, div. C, title II, § 3201, Dec. 4, 1987, 101 Stat. 1245, provided that:
“This title [enacting section 98h–5 of this title , amending sections 98a, 98b, 98d, 98e–1, 98h, 98h–2, and 98h–4 of this title, enacting provisions set out as a note under section 98e–1 of this title , and repealing provisions set out as a note under this section] may be cited as the ‘National Defense Stockpile Amendments of 1987’.”
Pub. L. 96–41, § 1, July 30, 1979, 93 Stat. 319, provided:
“That this Act [enacting this section and sections 98a to 98h–3 of this title, redesignating former section 98h–1 of this title as 98h–4 of this title, amending section 4533 of this title , sections 1743 and 1745 of Title 7, Agriculture, section 741b of Title 15 , Commerce and Trade, and section 485 of former Title 40, Public Buildings, Property, and Works, enacting a provision set out as a note under this section, and repealing a provision set out as a note under this section] may be cited as the ‘Strategic and Critical Materials Stock Piling Revision Act of 1979’.”
Act June 7, 1939, ch. 190, § 11, formerly § 10, as added by act July 23, 1946, ch. 590, 60 Stat. 596; renumbered § 11, Pub. L. 92–156, title V, § 503(1), Nov. 17, 1971, 85 Stat. 427, provided that this Act, which enacted this subchapter, be cited as the “Strategic and Critical Materials Stock Piling Act”, prior to repeal by Pub. L. 96–41, § 2(b)(2), July 30, 1979, 93 Stat. 324.
Pub. L. 96–41, § 4, July 30, 1979, 93 Stat. 320, provided that:
“Any provision authorizing the enactment of new budget authority contained in the amendments made by this Act [see Short Title of 1979 Amendment note above] shall be effective on October 1, 1979 .”
The Congress finds that the natural resources of the United States in certain strategic and critical materials are deficient or insufficiently developed to supply the military, industrial, and essential civilian needs of the United States for national defense.
It is the purpose of this subchapter to provide for the acquisition and retention of stocks of certain strategic and critical materials and to encourage the conservation and development of sources of such materials within the United States and thereby to decrease and to preclude, when possible, a dangerous and costly dependence by the United States upon foreign sources or a single point of failure for supplies of such materials in times of national emergency.
The purpose of the National Defense Stockpile is to serve the interest of national defense only. The National Defense Stockpile is not to be used for economic or budgetary purposes.
To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 98e(a)(5) of this title.
Pub. L. 104–201, div. C, title XXXIII, § 3311(c), Sept. 23, 1996, 110 Stat. 2857, provided that:
“The amendments made by this section [amending this section and section 98h–5 of this title ] shall take effect on October 1, 1996 .”
Subject to subsection (c), the President shall determine from time to time (1) which materials are strategic and critical materials for the purposes of this subchapter, and (2) the quality and quantity of each such material to be acquired for the purposes of this subchapter and the form in which each such material shall be acquired and stored. Such materials when acquired, together with the other materials described in section 98c of this title , shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this subchapter referred to as the “stockpile”).
The President shall make the determinations required to be made under subsection (a) on the basis of the principles stated in section 98a(c) of this title .
The quantity of any material to be stockpiled under this subchapter, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after December 4, 1987.
The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile. The President may make the increase after the end of the 30-day period beginning on the date of the notification. The President shall include a full explanation and justification for the proposed increase with the notification.
Pub. L. 118–159, div. A, title XIV, § 1412, Dec. 23, 2024, 138 Stat. 2128, provided that:
“(a) In General .— The Secretary of Defense shall consult with the head of any agency responsible for the development of an environmental document for a project that will result in an increase in the availability of strategic and critical materials for acquisition for the Stockpile. “(b) Definitions .— In this section: “(1) Agency .— The term ‘agency’ has the meaning given such term in section 551 of title 5 , United States Code. “(2) Environmental document .— The term ‘environmental document’ has the meaning given that term in section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e ). “(3) Stockpile .— The term ‘Stockpile’ means the National Defense Stockpile established under section 3 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b ). “(4) Strategic and critical materials .— The term ‘strategic and critical materials’ means materials, including rare earth elements, that are necessary to meet national defense and national security requirements, including requirements relating to supply chain resiliency, and for the economic security of the United States.”
Functions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.
The stockpile consists of the following materials:
Materials acquired under this subchapter and contained in the national stockpile on July 29, 1979.
Materials acquired under this subchapter after July 29, 1979.
Materials in the supplemental stockpile established by section 1704(b) of title 7 (as in effect from September 21, 1959, through December 31, 1966) on July 29, 1979.
Materials acquired by the United States under the provisions of section 4533 of this title and transferred to the stockpile by the President pursuant to subsection (f) of such section.
Materials transferred to the United States under section 2423 of title 22 that have been determined to be strategic and critical materials for the purposes of this subchapter and that are allocated by the President under subsection (b) of such section for stockpiling in the stockpile.
Materials acquired by the Commodity Credit Corporation and transferred to the stockpile under section 714b(h) of title 15.
Materials acquired by the Commodity Credit Corporation under paragraph (2) of section 1743(a) of title 7, and transferred to the stockpile under the third sentence of such section.
Materials transferred to the stockpile by the President under paragraph (4) of section 1743(a) of title 7.
Materials transferred to the stockpile under subsection (b).
Materials transferred to the stockpile under subsection (c).
Notwithstanding any other provision of law, any material that (1) is under the control of any department or agency of the United States, (2) is determined by the head of such department or agency to be excess to its needs and responsibilities, and (3) is suitable for transfer or disposal through the stockpile shall be transferred to the stockpile. Any such transfer shall be made without reimbursement to such department or agency, but all costs required to effect such transfer shall be paid or reimbursed from funds appropriated to carry out this subchapter.
The Secretary of Defense shall determine whether materials are suitable for transfer to the stockpile under subsection (b), are suitable for disposal through the stockpile, and are uncontaminated.
Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Pub. L. 102–484, div. C, title XXXIII, § 3315, Oct. 23, 1992, 106 Stat. 2654, as amended by Pub. L. 103–337, div. A, title X, § 1070(c)(4), Oct. 5, 1994, 108 Stat. 2858, provided that:
“All materials purchased under section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) [now 50 U.S.C. 4533 ] and held in the Defense Production Act inventory as of June 30, 1992 , are hereby transferred to the National Defense Stockpile and shall be managed, controlled, and subject to disposal by the National Defense Stockpile Manager as provided in the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a et seq.) [ 50 U.S.C. 98 et seq.].”
Except for acquisitions made under the authority of paragraph (3) of this section 1 or under the authority of paragraph (3) or (4) of section 98e(a) of this title, no funds may be obligated or appropriated for acquisition of any material under this subchapter unless funds for such acquisition have been authorized by law. Funds appropriated for any acquisition of materials under this subchapter (and for transportation and other incidental expenses related to such acquisition) shall remain available until expended, unless otherwise provided in appropriation Acts.
If for any fiscal year the President proposes (or Congress requires) a significant change in any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the National Defense Stockpile Manager submits the report under section 98h–2(b)(2) of this title containing such plan, or a significant transaction not included in such plan, no amount may be obligated or expended for such transaction during such year until the President has submitted a full statement of the proposed transaction to the appropriate committees of Congress and a period of 30 days has passed from the date of the receipt of such statement by such committees.
Using funds appropriated for acquisition of materials under this subchapter, the National Defense Stockpile Manager may acquire materials determined to be strategic and critical under section 98b(a) of this title without regard to the requirement of the first sentence of paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile.
Except for disposals made under the authority of paragraph (3), (4), or (6) of section 98e(a) of this title or under section 98f(a) of this title, no disposal may be made from the stockpile unless such disposal, including the quantity of the material to be disposed of, was included in the most recent annual materials plan submitted to the congressional defense committees (as defined in section 101(a) of title 10) under section 98h–2(b)(1)(G) of this title.
Not later than 15 days after making a disposal under paragraph (1), the National Defense Stockpile Manager shall notify the congressional defense committees (as defined in section 101(a) of title 10) of the disposal.
There is authorized to be appropriated such sums as may be necessary to provide for the transportation, processing, refining, storage, security, maintenance, rotation, and disposal of materials contained in or acquired for the stockpile. Funds appropriated for such purposes shall remain available until expended, unless otherwise provided in appropriations Acts.
Pub. L. 98–525, title IX, § 903(b), Oct. 19, 1984, 98 Stat. 2573, as amended by Pub. L. 99–145, title XVI, § 1611(b), Nov. 8, 1985, 99 Stat. 776, provided in part that the amendment by section 903(b) of Pub. L. 98–525, is effective Oct. 1, 1987.
Pub. L. 97–35, title II, § 203(f), Aug. 13, 1981, 95 Stat. 382, provided that:
“The amendments made by subsection (a) [amending this section] shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1981 .”
Pub. L. 117–263, div. A, title XIV, § 1415, Dec. 23, 2022, 136 Stat. 2873, provided that:
“(a) Studies Required.— “(1) In general .— For each report required by section 14(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5(a) ), the National Defense Stockpile Manager shall— “(A) conduct a study on the strategic materials required by the Department of Defense to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy; and “(B) not later than January 15, 2024 , submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on such study in a classified form with an unclassified summary. “(2) Energy storage and electronic components.— “(A) In general .— The Under Secretary of Defense for Acquisition and Sustainment shall conduct a study of the energy storage and electronic components necessary to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy. “(B) Report.— “(i) In general .— Not later than January 15, 2024 , the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the study required under subparagraph (A). “(ii) Form .— The report required by clause (i) shall be submitted in an unclassified form but may contain a classified annex. “(iii) Elements .— The report required by clause (i) shall include the following: “(I) A description of the specific number and type of energy storage and electronic components that the Department of Defense requires for the manufacture of munitions, combat support items, and weapon systems to sustain combat operations. “(II) A description of the specific number and type of energy storage and electronic components that the Department of Defense requires to replenish or replace munitions, combat support items, and weapon systems that are lost or expended during the execution and sustainment of the relevant operational plan. “(III) A description of supply chain vulnerabilities during the sustainment and execution period, such as sole sources of supply, war damage, and shipping interdiction. “(IV) A description of supply chain vulnerabilities prior to the sustainment and execution period and the replenishment and replacement period, such as reliance on sole sources of supply, geographic proximity to strategic competitors, and diminishing manufacturing sources. “(V) An identification of alternative sources of supply for energy and electronics components that are domestic or are from allies or partners of the United States. “(VI) An assessment of the technical and economic feasibility of the preparedness and response programs of the Department of Defense, such as the National Defense Stockpile, the Warstopper program, war reserves and pre-positioned stocks, contract options, or other methods to mitigate postulated shortfalls to Department of Defense requirements. “(VII) Any other such elements deemed appropriate by the Under Secretary of Defense for Acquisition and Sustainment. “(C) Energy storage and electronic component defined .— In this paragraph, the term ‘energy storage and electronic component’ includes— “(i) an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits; and “(ii) battery cells, battery modules, battery packs, and other related components related to batteries. “(b) Acquisition Priority .— Consistent with the authority in section 5 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98d ) and subject to the availability of appropriations, the National Defense Stockpile Manager shall acquire the highest priority strategic and critical materials identified in the report submitted under subsection (a)(1). “(c) Strategic and Critical Materials Defined .— In this section, the term ‘strategic and critical materials’ has the meaning given such term in section 12 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–3 ).”
Pub. L. 99–145, title XVI, § 1612, Nov. 8, 1985, 99 Stat. 776, as amended by Pub. L. 99–661, div. C, title II, § 3201, Nov. 14, 1986, 100 Stat. 4067, prohibited action before Oct. 1, 1987, to implement or administer any change in a stockpile goal in effect on Oct. 1, 1984, that would result in a reduction in the quality or quantity of any strategic and critical material acquired for the National Defense Stockpile.
Provisions relating to certain materials in the National Defense Stockpile were contained in the following acts:
Pub. L. 118–31, div. A, title XIV, § 1412, Dec. 22, 2023, 137 Stat. 528.
Pub. L. 116–92, div. A, title VIII, § 850, Dec. 20, 2019, 133 Stat. 1509.
Pub. L. 115–91, div. A, title XIV, § 1414, Dec. 12, 2017, 131 Stat. 1708.
Pub. L. 114–328, div. A, title XIV, § 1411, Dec. 23, 2016, 130 Stat. 2569.
Pub. L. 113–66, div. A, title XIV, § 1412, Dec. 26, 2013, 127 Stat. 934.
Pub. L. 110–181, div. A, title XIV, §§ 1413, 1414, Jan. 28, 2008, 122 Stat. 418, 419.
Pub. L. 109–163, div. C, title XXXIII, §§ 3303, 3304, Jan. 6, 2006, 119 Stat. 3546.
Pub. L. 108–375, div. C, title XXXIII, § 3303, Oct. 28, 2004, 118 Stat. 2193.
Pub. L. 107–107, div. C, title XXXIII, §§ 3301, 3303, 3306(a), Dec. 28, 2001, 115 Stat. 1388, 1389, 1391.
Pub. L. 106–398, § 1 [div. C, title XXXIII, § 3303], Oct. 30, 2000, 114 Stat. 1654, 1654A–483.
Pub. L. 106–65, div. C, title XXXIV, § 3402(a)–(e), Oct. 5, 1999, 113 Stat. 972, 973; Pub. L. 108–136, div. C, title XXXIII, § 3302, Nov. 24, 2003, 117 Stat. 1788; Pub. L. 109–163, div. C, title XXXIII, § 3302(b), Jan. 6, 2006, 119 Stat. 3546; Pub. L. 110–181, div. A, title XIV, § 1412(a), Jan. 28, 2008, 122 Stat. 418; Pub. L. 111–383, div. A, title XIV, § 1412, Jan. 7, 2011, 124 Stat. 4412; Pub. L. 112–81, div. A, title XIV, § 1412, Dec. 31, 2011, 125 Stat. 1654.
Pub. L. 106–31, title I, § 303, May 21, 1999, 113 Stat. 67.
Pub. L. 105–262, title VIII, § 8109, Oct. 17, 1998, 112 Stat. 2322.
Pub. L. 105–261, div. C, title XXXIII, §§ 3301, 3303, Oct. 17, 1998, 112 Stat. 2262, 2263; Pub. L. 106–65, div. C, title XXXIV, § 3403(a), Oct. 5, 1999, 113 Stat. 973; Pub. L. 106–398, § 1 [div. C, title XXXIII, § 3302], Oct. 30, 2000, 114 Stat. 1654, 1654A–483; Pub. L. 107–107, div. C, title XXXIII, § 3304(a), Dec. 28, 2001, 115 Stat. 1390; Pub. L. 108–375, div. C, title XXXIII, § 3302, Oct. 28, 2004, 118 Stat. 2193; Pub. L. 109–163, div. C, title XXXIII, § 3302(a), Jan. 6, 2006, 119 Stat. 3545; Pub. L. 109–364, div. C, title XXXIII, § 3302(a), Oct. 17, 2006, 120 Stat. 2513; Pub. L. 110–181, div. A, title XIV, § 1412(b), Jan. 28, 2008, 122 Stat. 418; Pub. L. 110–417, [div. A], title XIV, § 1412(a), Oct. 14, 2008, 122 Stat. 4648.
Pub. L. 105–85, div. A, title XXXIII, §§ 3301, 3303–3305, Nov. 18, 1997, 111 Stat. 2056, 2057; Pub. L. 106–65, div. C, title XXXIV, §§ 3402(f)(2), 3403(b), Oct. 5, 1999, 113 Stat. 973; Pub. L. 107–107, div. C, title XXXIII, §§ 3304(b), 3305, Dec. 28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title XXXIII, § 3302(b), Oct. 17, 2006, 120 Stat. 2513; Pub. L. 110–417, [div. A], title XIV, § 1412(b), Oct. 14, 2008, 122 Stat. 4648; Pub. L. 111–84, div. A, title XIV, § 1412, Oct. 28, 2009, 123 Stat. 2562.
Pub. L. 104–201, div. C, title XXXIII, §§ 3301, 3303, Sept. 23, 1996, 110 Stat. 2854, 2855; Pub. L. 106–65, div. C, title XXXIV, §§ 3402(f)(1), 3403(c), Oct. 5, 1999, 113 Stat. 973, 974; Pub. L. 107–107, div. C, title XXXIII, § 3304(c), Dec. 28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title XXXIII, § 3302(c), Oct. 17, 2006, 120 Stat. 2513.
Pub. L. 103–337, div. C, title XXXIII, § 3304, Oct. 5, 1994, 108 Stat. 3098.
Pub. L. 103–160, div. C, title XXXIII, §§ 3301, 3303(a), Nov. 30, 1993, 107 Stat. 1960, 1961.
Pub. L. 102–484, div. C, title XXXIII, §§ 3301–3303, Oct. 23, 1992, 106 Stat. 2649–2651; Pub. L. 103–160, div. C, title XXXIII, § 3303(b), Nov. 30, 1993, 107 Stat. 1961; Pub. L. 103–337, div. A, title X, § 1070(c)(3), div. C, title XXXIII, § 3303, Oct. 5, 1994, 108 Stat. 2858, 3098.
Pub. L. 102–190, div. C, title XXXIII, § 3301, Dec. 5, 1991, 105 Stat. 1583; Pub. L. 102–484, div. C, title XXXIII, § 3308, Oct. 23, 1992, 106 Stat. 2653.
Pub. L. 102–172, title VIII, § 8094, Nov. 26, 1991, 105 Stat. 1196.
Pub. L. 101–189, div. C, title XXXIII, §§ 3301, 3302, Nov. 29, 1989, 103 Stat. 1685.
Pub. L. 100–456, div. A, title XV, § 1501, Sept. 29, 1988, 102 Stat. 2085.
Pub. L. 99–661, div. C, title II, §§ 3204, 3205, Nov. 14, 1986, 100 Stat. 4068.
Pub. L. 99–591, § 101(c) [title IX, § 9110], (m) [title V, § 519], Oct. 30, 1986, 100 Stat. 3341–82, 3341–120, 3341–308, 3341–326.
Pub. L. 99–500, § 101(c) [title IX, § 9110], (m) [title V, § 519], Oct. 18, 1986, 100 Stat. 1783–82, 1783–120, 1783–308, 1783–326.
Pub. L. 98–525, title IX, §§ 901, 902, Oct. 19, 1984, 98 Stat. 2573.
Pub. L. 97–377, title I, § 101(c) [title VII, § 799B], Dec. 21, 1982, 96 Stat. 1866.
Pub. L. 97–114, title VII, § 788, Dec. 29, 1981, 95 Stat. 1592.
Pub. L. 97–35, title II, § 201, Aug. 13, 1981, 95 Stat. 380.
Pub. L. 97–35, title II, § 202, Aug. 13, 1981, 95 Stat. 381, provided that:
“(a) Effective on October 1, 1981 , there is authorized to be appropriated the sum of $535,000,000 for the acquisition of strategic and critical materials under section 6(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e(a) ). “(b) Any acquisition using funds appropriated under the authorization of subsection (a) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq.).”
Act June 22, 1956, ch. 426, 70 Stat. 329, directed Federal Facilities Corporation immediately to sell or lease Government-owned tin smelter at Texas City, Texas, and waste acid plant and other assets of Government’s tin program, prescribed corporate powers of Corporation in regard to sale or lease, established a Tin Advisory Committee to consult with Corporation, established periods for receipt and negotiation of purchase proposals, and provided that if no contract for sale or lease was effected prior to Jan. 31, 1957, then smelter and other assets be reported as excess property for transfer and disposal in accordance with provisions of Federal Property and Administrative Services Act of 1949.
Act June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29, 1948, ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350; Aug. 21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title I, § 103, 67 Stat. 230; June 22, 1956, ch. 426, § 5(a), 70 Stat. 329, declared tin to be a highly strategic and critical material in short supply, directed that it was in the public interest that Congress make a thorough investigation on the advisability of the maintenance of a permanent tin-smelting industry and study the availability of adequate tin supplies, provided that the powers, functions, duties, and authority of the United States exercised by the Reconstruction Finance Corporation to buy, sell, and transport tin, and tin ore and concentrates, to improve, develop, maintain, and operate by lease or otherwise the Government-owned tin smelter at Texas City, Texas, to finance research in tin smelting and processing, and to do all other things necessary to the accomplishment of the foregoing continue in effect until Jan. 31, 1957, or until such earlier time as the Congress shall otherwise provide, and be exercised and performed by such officer, agency, or instrumentality of the United States as the President may designate, authorized diversification of tin-recovery facilities in the United States, and required the Reconstruction Finance Corporation to report to Congress on its activities not later than Dec. 31, 1947, and at the end of each six months thereafter.
Cancellation of obligation of General Services Administration to Federal Facilities Corporation existing by virtue of section 5(b) of act June 22, 1956, set out as a note above, see section 4(b) of Pub. L. 87–190, Aug. 30, 1961, 75 Stat. 418, formerly set out as a note under sections 1921 to 1929 of the former Appendix to this title.
Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.
Ex. Ord. No. 10539, eff. June 22, 1954, 19 F.R. 3827, designated the Federal Facilities Corporation to perform and exercise the functions formerly performed and exercised by the Reconstruction Finance Corporation under act June 28, 1947, set out as a note above. The Reconstruction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, act Jan. 22, 1932, ch. 8, 47 Stat. 5, was subsequently abolished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Facilities Corporation was, in turn, dissolved by Pub. L. 87–190, § 6, Aug. 30, 1961, 75 Stat. 419, effective Sept. 30, 1961, formerly set out as a note under sections 1921 to 1929 of the former Appendix to this title.
The National Defense Stockpile Manager shall—
acquire the materials determined under section 98b(a) of this title to be strategic and critical materials;
provide for the proper storage, security, and maintenance of materials in the stockpile;
provide for the upgrading, refining, or processing of any material in the stockpile (notwithstanding any intermediate stockpile quantity established for such material) when necessary to convert such material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency;
provide for the rotation of any material in the stockpile when necessary to prevent deterioration or technological obsolescence of such material by replacement of such material with an equivalent quantity of substantially the same material or better material;
provide for the appropriate recovery of any strategic and critical materials under section 98b(a) of this title that may be available from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;
subject to the notification required by subsection (d)(2), provide for the timely disposal of materials in the stockpile that (A) are excess to stockpile requirements, and (B) may cause a loss to the Government if allowed to deteriorate; and
dispose of materials in the stockpile in accordance with the most recent annual materials plan submitted to the congressional defense committees (as defined in section 101(a) of title 10) under section 98h–2(b)(1)(G) of this title and notify the congressional defense committees of such disposals as required by section 98d(b)(2) of this title.
Except as provided in subsections (c) and (d), acquisition of strategic and critical materials under this subchapter shall be made in accordance with established Federal procurement practices, and, except as provided in subsections (c) and (d) and in section 98f(a) of this title, disposal of strategic and critical materials from the stockpile shall be made in accordance with the next sentence. To the maximum extent feasible—
competitive procedures shall be used in the acquisition and disposal of such materials; and
efforts shall be made in the acquisition and disposal of such materials to consult with producers and processors of such materials to avoid undue disruption of the usual markets of producers, processors, and consumers of such materials and to protect the United States against avoidable loss.
The President shall encourage the use of barter in the acquisition under subsection (a)(1) of strategic and critical materials for, and the disposal under subsection (a)(6) or (a)(7) of materials from, the stockpile when acquisition or disposal by barter is authorized by law and is practical and in the best interest of the United States.
Materials in the stockpile (the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law) shall be available for transfer at fair market value as payment for expenses (including transportation and other incidental expenses) of acquisition of materials, or of upgrading, refining, processing, or rotating materials, under this subchapter.
Notwithstanding section 98b(c) of this title or any other provision of law, whenever the President provides under subsection (a)(3) for the upgrading, refining, or processing of a material in the stockpile to convert that material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency, the President may barter a portion of the same material (or any other material in the stockpile that is authorized for disposal) to finance that upgrading, refining, or processing.
To the extent otherwise authorized by law, property owned by the United States may be bartered for materials needed for the stockpile.
The President may waive the applicability of any provision of the first sentence of subsection (b) to any acquisition of material for, or disposal of material from, the stockpile. Whenever the President waives any such provision with respect to any such acquisition or disposal, or whenever the President determines that the application of paragraph (1) or (2) of such subsection to a particular acquisition or disposal is not feasible, the President shall notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in writing of the proposed acquisition or disposal at least 30 days before any obligation of the United States is incurred in connection with such acquisition or disposal and shall include in such notification the reasons for not complying with any provision of such subsection.
Materials in the stockpile may be disposed of under subsection (a)(6) only if such congressional committees are notified in writing of the proposed disposal at least 30 days before any obligation of the United States is incurred in connection with such disposal.
The President may acquire leasehold interests in property, for periods not in excess of twenty years, for storage, security, and maintenance of materials in the stockpile.
The President may loan stockpile materials to the Department of Energy or the military departments if the President—
has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for;
notifies the congressional defense committees (as defined in section 101(a) of title 10), in writing, not less than 30 days before making any such loan; and
includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1).
The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile.
The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10)—
as soon as practicable after the establishment of the pilot program under paragraph (1); and
annually thereafter until the termination of the pilot program under paragraph (3).
The briefing required by subparagraph (A)(i) shall address—
the commercial best practices selected for use under the pilot program;
how the Stockpile Manager determined which commercial best practices to select; and
the plan of the Stockpile Manager for using such practices.
Each briefing required by subparagraph (A)(ii) shall provide a summary of—
how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;
how many times the Stockpile Manager has used such practices;
the outcome of each use of such practices; and
any savings achieved or lessons learned as a result of the use of such practices.
The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after December 22, 2023.
Except to the extent necessary for the national defense, the National Defense Stockpile Manager shall ensure that each program for the recovery of strategic and critical materials implemented under subsection (a)(5) operates in a manner designed to achieve positive cash flow.
Pub. L. 119–60, div. A, title XIV, § 1412, Dec. 18, 2025, 139 Stat. 1135, provided that:
“(a) In General .— The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Logistics Agency, shall expand the recovery and reuse of strategic and critical materials under the Strategic Material Recovery and Reuse Program of the Defense Logistics Agency established pursuant to section 6(a)(5) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e(a)(5) ) (in this section referred to as the ‘Program’). “(b) Briefing on Expansion .— Not later than March 1, 2026 , the Director of the Defense Logistics Agency shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on a plan for expansion of the Program which shall include— “(1) a list of strategic and critical materials that are determined to be in shortfall in the National Defense Stockpile in the most recent report on stockpile requirements submitted to Congress under section 14(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5(a) ) that will be prioritized for inclusion in the Program; “(2) a description of resources required to include the additional strategic and critical materials identified under paragraph (1) in the Program; “(3) any barriers to expansion of the Program; and “(4) best practices from the efforts of the Director under the Program with respect to optical-grade germanium that can be implemented to expand the Program. “(c) Strategic and Critical Materials Defined .— In this section, the term ‘strategic and critical materials’ means materials determined to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b(a) ).”
Pub. L. 101–511, title VIII, § 8095, Nov. 5, 1990, 104 Stat. 1896, directed President, using funds available in National Defense Stockpile Transaction Fund, to acquire over a period of ten years from current domestic sources not less than thirty-six million pounds of depleted uranium to be held in National Defense Stockpile, prior to repeal by Pub. L. 102–172, title VIII, § 8027A, Nov. 26, 1991, 105 Stat. 1177.
Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.
Subject to section 3501 of title 10 and from amounts made available by discretionary appropriations Acts from the National Defense Stockpile Transaction Fund (as established under section 9(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h(a) )) after December 22, 2023 , the Secretary of Defense may enter into one or more multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources.
A multiyear contract entered into under this section shall be deemed to be an acquisition under the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq.).
The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the domestically processed critical minerals for which authorization to enter into a multiyear procurement contract is provided under subsection (a).
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
In this section:
The term “critical mineral” means a mineral determined to be a strategic and critical material under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).
The term “processed” means the processing or recycling of a critical mineral or magnet, including the separation, reduction, metallization, alloying, milling, pressing, strip casting, and sintering of a critical mineral.
The term “domestic source” has the meaning given that term in section 4552 of this title.
Materials in the stockpile may be released for use, sale, or other disposition—
on the order of the President, at any time the President determines the release of such materials is required for purposes of the national defense;
in time of war declared by the Congress or during a national emergency, on the order of any officer or employee of the United States designated by the President to have authority to issue disposal orders under this subsection, if such officer or employee determines that the release of such materials is required for purposes of the national defense; and
on the order of the Under Secretary of Defense for Acquisition and Sustainment, if the President has designated the Under Secretary to have authority to issue release orders under this subsection and, in the case of any such order, if the Under Secretary determines that the release of such materials is required for use, manufacture, or production for purposes of national defense.
Any order issued under subsection (a) shall be promptly reported by the President, or by the officer or employee issuing such order, in writing, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
The President shall make scientific, technologic, and economic investigations concerning the development, mining, preparation, treatment, and utilization of ores and other mineral substances that (A) are found in the United States, its territories or possessions, or in a reliable source 1 (B) are essential to the national defense, industrial, and essential civilian needs of the United States, and (C) are found in known domestic sources in inadequate quantities or grades.
Such investigations shall be carried out in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials.
Investigations under paragraph (1) may be carried out on public lands and, with the consent of the owner, on privately owned lands for the purpose of exploring and determining the extent and quality of deposits of such minerals, the most suitable methods of mining and beneficiating such minerals, and the cost at which the minerals or metals may be produced.
The President shall make scientific, technologic, and economic investigations of the feasibility of developing domestic sources of supplies of any agricultural material or for using agricultural commodities for the manufacture of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material or substitutes therefor.
The President shall make scientific, technologic, and economic investigations concerning the feasibility of—
developing domestic sources of supply of materials (other than materials referred to in subsections (a) and (b)) determined pursuant to section 98b(a) of this title to be strategic and critical materials; and
developing or using alternative methods for the refining or processing of a material in the stockpile so as to convert such material into a form more suitable for use during an emergency or for storage.
The President shall encourage the conservation of domestic sources of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material by making grants or awarding contracts for research regarding the development of—
substitutes for such material; or
more efficient methods of production or use of such material.
There is established in the Treasury of the United States a separate fund to be known as the National Defense Stockpile Transaction Fund (hereinafter in this section referred to as the “fund”).
All moneys received from the sale of materials in the stockpile under paragraphs (5) and (6) of section 98e(a) of this title 1 shall be covered into the fund.
Subject to section 98d(a)(1) of this title, moneys covered into the fund under paragraph (1) are hereby made available (subject to such limitations as may be provided in appropriation Acts) for the following purposes:
The acquisition, maintenance, and disposal of strategic and critical materials under section 98e(a) of this title.
Transportation, storage, and other incidental expenses related to such acquisition, maintenance, and disposal.
Development of current specifications of stockpile materials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when economical, related to such upgrading).
Encouraging the appropriate conservation of strategic and critical materials.
Testing and quality studies of stockpile materials.
Studying future material and mobilization requirements for the stockpile.
Activities authorized under section 98h–6 of this title.
Contracting under competitive procedures for materials development and research to—
improve the quality and availability of materials stockpiled from time to time in the stockpile; and
develop new materials for the stockpile.
Improvement or rehabilitation of facilities, structures, and infrastructure needed to maintain the integrity of stockpile materials.
Disposal of hazardous materials that are stored in the stockpile and authorized for disposal by law.
Performance of environmental remediation, restoration, waste management, or compliance activities at locations of the stockpile that are required under a Federal law or are undertaken by the Government under an administrative decision or negotiated agreement.
Pay of employees of the National Defense Stockpile program.
Other expenses of the National Defense Stockpile program.
Moneys in the fund shall remain available until expended.
If, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrading, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall—
be applied toward the total value of materials that are authorized to be disposed of from the stockpile during that fiscal year;
be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (b)(2); and
not increase or decrease the balance in the fund.
Pub. L. 100–440, title V, § 518, Sept. 22, 1988, 102 Stat. 1748, directed that, no later than Oct. 1, 1989, Administrator of General Services, or any Federal officer assuming Administrator’s responsibilities with respect to management of the stockpile, to use all funds authorized and appropriated before Jan. 1, 1985, from National Defense Stockpile Transaction Fund to evaluate, test, relocate, upgrade or purchase stockpile materials to meet National Defense Stockpile goals and specifications in effect on Oct. 1, 1984. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 100–202, § 101(m) [title V, § 519], Dec. 22, 1987, 101 Stat. 1329–390, 1329–417.
Pub. L. 99–500, § 101(m) [title V, § 520], Oct. 18, 1986, 100 Stat. 1783–308, 1783–326, and Pub. L. 99–591, § 101(m) [title V, § 520], Oct. 30, 1986, 100 Stat. 3341–308, 3341–326.
Pub. L. 98–525, title IX, § 905, Oct. 19, 1984, 98 Stat. 2574, as amended by Pub. L. 99–145, title XVI, § 1611(a), Nov. 8, 1985, 99 Stat. 776, authorized the deposit into the National Defense Stockpile Transaction Fund, established under this section, of 30 percent of all money accruing to the United States during fiscal years 1985 and 1986 from lands in the naval petroleum and oil shale reserves.
There is established a Strategic and Critical Materials Board of Directors (in this subchapter referred to as the “Board”).
The Board shall be composed, at a minimum, of the following:
The Assistant Secretary of Defense for Industrial Base Policy, who shall serve as chairman of the Board.
One designee of each of the Secretary of Commerce, the Secretary of State, the Secretary of Energy, and the Secretary of the Interior.
One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the House Committee on Armed Services.
One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the Senate Committee on Armed Services.
Four designees of the chairman of the Board, who shall have expertise relating to military affairs, defense procurement, production of strategic and critical materials, finance, or any other disciplines deemed necessary by the chairman to conduct the business of the Board.
In addition to other matters assigned to it by the chairman, the Board shall conduct the following, without power of delegation:
Adopt by-laws that ensure sufficient oversight, governance, and effectiveness of the National Defense Stockpile program.
Elect or remove Board members.
Advise the National Defense Stockpile Manager.
Establish performance metrics and conduct an annual performance review of the management and operations of the National Defense Stockpile program.
Review and approve the annual budget of the National Defense Stockpile program and conduct appropriate reviews of annual financial statements.
Re-allocate budget resources within the annual budget of the National Defense Stockpile program.
Review and approve the Annual Materials and Operations Plan required by section 98h–2(a) of this title. The report required by section 98h–2(b)(2) of this title shall include the views and recommendations of the Board on the projected domestic and foreign economic effects of all acquisition of materials for and disposals of materials from the stockpile.
Complete and submit the annual Board Report, in accordance with section 98h–2(b)(2) of this title.
Recommend to the Secretary of Defense—
a strategy to ensure a secure supply of materials designated as critical to national security; and
such other strategies as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security.
The Board shall meet as determined necessary by the chairman but not less frequently than once every year to fulfill the duties described in subsection (c).
Section 1013(a) of title 5 shall not apply to the Board.
In this section:
The term “materials critical to national security” means materials—
upon which the production or sustainment of military equipment is dependent; and
the supply of which could be restricted by actions or events outside the control of the Government of the United States.
The term “military equipment” means equipment used directly by the Armed Forces to carry out military operations.
The term “secure supply”, with respect to a material, means the availability of a source or sources for the material, including the full supply chain for the material and components containing the material.
Pub. L. 102–484, div. C, title XXXIII, § 3306, Oct. 23, 1992, 106 Stat. 2652, required the President to appoint, no later than Mar. 15, 1993, an advisory committee to make recommendations concerning the operation and modernization of the National Defense Stockpile.
The National Defense Stockpile Manager shall submit to the Board an Annual Materials and Operations Plan for the forthcoming year.
Not later than February 15 of each fiscal year, the National Defense Stockpile Manager shall submit to the congressional defense committees (as defined in section 101(a) of title 10) an Annual Operations and Materials Plan that shall include—
information with respect to foreign and domestic purchases of materials for the stockpile during the preceding fiscal year;
information with respect to the acquisition and disposal of materials under this subchapter by barter, during such fiscal year;
information with respect to the activities by the National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials;
information with respect to the research and development activities conducted under section 98g of this title;
a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and anticipated appropriations to be made to the Fund, and obligations to be made from the fund, during the current fiscal year;
other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program;
an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years and planned expenditures from the National Defense Stockpile Transaction Fund and anticipated receipts from disposal of stockpile materials, which shall include—
details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period and of anticipated receipts from the proposed disposals of stockpile materials during such period;
details regarding materials development and research projects to be conducted during the fiscal years covered by the report using moneys in the National Defense Stockpile Transaction Fund pursuant to section 98h(b)(2)(G) of this title; and
with respect to each development and research project described in clause (ii), the report shall specify the amount planned to be expended from the National Defense Stockpile Transaction Fund, the material intended to be developed, the potential military or defense industrial applications for that material, and the development and research methodologies to be used;
any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate; and
a summary of the implementation and findings of the pilot program established under section 98e(g)(1) of this title, including—
the commercial best practices selected for use under the pilot program;
how the National Defense Stockpile Manager determined which commercial best practices to select;
how the National Defense Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;
the outcome of each use of such practices; and
any savings achieved or lessons learned as a result of the use of such practices.
The Board shall prepare a written report to accompany the report required by paragraph (1) which shall include the activities of the Board to carry out the duties listed in section 98h–1(c) of this title 1 1 So in original. Probably should be followed by a period.
For the purposes of this subchapter:
The term “strategic and critical materials” means materials that (A) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (B) are not found or produced in the United States in sufficient quantities to meet such need.
The term “national emergency” means a general declaration of emergency with respect to the national defense made by the President or by the Congress.
The term “reliable source” mean a citizen or business entity organized under the laws of—
the United States or any territory or possession of the United States;
a country of the national technology and industrial base, as such term is defined in section 4801 of title 10; or
a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement or any successor document.
The President may not prohibit or regulate the importation into the United States of any material determined to be strategic and critical pursuant to the provisions of this subchapter, if such material is the product of any foreign country or area not listed in general note 3(b) of the Harmonized Tariff Schedule of the United States ( 19 U.S.C. 1202 ), for so long as the importation into the United States of material of that kind which is the product of a country or area listed in such general note is not prohibited by any provision of law.
Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.
Not later than January 15 of every other year, the Secretary of Defense shall submit to Congress a report on stockpile requirements. Each such report shall include—
the Secretary’s recommendations with respect to stockpile requirements; and
the matters required under subsection (b).
Each report under this section shall set forth the national emergency planning assumptions used by the Secretary in making the Secretary’s recommendations under subsection (a)(1) with respect to stockpile requirements. The Secretary shall base the national emergency planning assumptions on a military conflict scenario consistent with the scenario used by the Secretary in budgeting and defense planning purposes. The assumptions to be set forth include assumptions relating to each of the following:
The length and intensity of the assumed military conflict.
The military force structure to be mobilized.
The losses anticipated from enemy action.
The military, industrial, and essential civilian requirements to support the national emergency.
The availability of supplies of strategic and critical materials from foreign sources during the mobilization period, the military conflict, and the subsequent period of replenishment, taking into consideration possible shipping losses.
The domestic production of strategic and critical materials during the mobilization period, the military conflict, and the subsequent period of replenishment, taking into consideration possible shipping losses.
Civilian austerity measures required during the mobilization period and military conflict.
The stockpile requirements shall be based on those strategic and critical materials necessary for the United States to replenish or replace, within three years of the end of the military conflict scenario required under subsection (b), all munitions, combat support items, and weapons systems that would be required after such a military conflict.
The Secretary shall also include in each report under this section an examination of the effect that alternative mobilization periods under the military conflict scenario required under subsection (b), as well as a range of other military conflict scenarios addressing potentially more serious threats to national security, would have on the Secretary’s recommendations under subsection (a)(1) with respect to stockpile requirements.
The President shall submit with each report under this section a statement of the plans of the President for meeting the recommendations of the Secretary set forth in the report.
Not later than March 1 each year, the National Defense Stockpile Manager shall provide to the congressional defense committees a briefing on strategic and critical materials that—
are determined to be in shortfall in the most recent report on stockpile requirements submitted under subsection (a); and
the acquisition or disposal of which is included in the Annual Materials and Operations Plan for the operation of the stockpile during the next fiscal year submitted under section 98h–2(b) of this title.
Each briefing required by paragraph (1) shall include—
a list of the materials described in that paragraph, and a description of each such material, including the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall;
an estimate of additional amounts required to provide such funding, if any;
an assessment of the supply chain for each such material, including any assessment of any relevant risk in any such supply chain;
a list of such materials that are the highest priority to be acquired for the stockpile in the near term;
verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10), including a one-time description of the risks resulting from the inability of the armed services to provide the National Defense Stockpile Manager comprehensive data for all of its required strategic and critical materials; and
the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year; 1
Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 3311(c) of Pub. L. 104–201, set out as a note under section 98a of this title.
Pub. L. 102–190, div. C, title XXXIII, § 3313(b)(3), Dec. 5, 1991, 105 Stat. 1585, provided that:
“The first report required by section 14(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5(a) ), as amended by paragraph (1) shall be submitted not later than January 15, 1993 .”
Subject to subsection (d), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials—
by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile;
by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements;
by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements;
by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 98h of this title; and
by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement—
limits the liability of the stockpile to not more than the total funding provided by the Federal Government;
limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and
does not obligate the Federal Government to purchase strategic and critical materials from the reliable source.
The term of a contract or commitment made under subsection (a) may not exceed ten years.
A contract entered into before December 22, 2023 , for a term of more than ten years may be extended, on or after December 22, 2023 , for a total of not more than an additional ten years pursuant to any option or options set forth in the contract.
To the extent authorized by Congress pursuant to the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials with respect to which a study was carried out under subsection (a)(5).
Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 98d(a)(2) of this title .
The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 98h of this title are adequate to meet such obligations.
In this section, the term “bankable feasibility study” means a comprehensive technical and economic study—
of the selected option for a strategic and critical materials development project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and
that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.
The President shall designate a single Federal office to have responsibility for performing the functions of the President under this subchapter, other than under sections 98f(a)(1) and 98h–4 of this title. The office designated shall be one to which appointment is made by the President, by and with the advice and consent of the Senate.
The individual holding the office designated by the President under subsection (a) shall be known for purposes of functions under this subchapter as the “National Defense Stockpile Manager”.
The President may delegate functions of the President under this subchapter (other than under sections 98f(a)(1) and 98h–4 of this title) only to the National Defense Stockpile Manager. Any such delegation made by the President shall remain in effect until specifically revoked by law or Executive order. The President may not delegate functions of the President under sections 98f(a)(1) and 98h–4 of this title.
Pub. L. 100–180, div. C, title II, § 3203(c), Dec. 4, 1987, 101 Stat. 1247, provided that:
“Unless otherwise directed by the President under section 6A [renumbered § 16] of the Strategic and Critical Materials Stock Piling Act [this section], as amended by subsection (a), the designation of a National Defense Stockpile Manager in effect on the day before the date of the enactment of this Act [ Dec. 4, 1987 ] shall remain in effect until the individual so designated ceases to hold the office held by the individual at the time of the designation.”
Pub. L. 99–661, div. C, title II, § 3202(b), Nov. 14, 1986, 100 Stat. 4067, directed President, not later than Feb. 15, 1987, to designate an official as National Defense Stockpile Manager, as required by this section.
The Secretary of Defense was designated National Defense Stockpile Manager and functions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.
[Repealed]
The President of the United States may make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also authorized to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for national defense; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products.
The President is authorized to lease, buy, or acquire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants and to take from any lands of the United States, or to buy or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products.
The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe.
The President is authorized to employ such officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof.
The plant or plants provided for under this section shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital.
CHAPTER 6— WILLFUL DESTRUCTION, ETC., OF WAR OR NATIONAL-DEFENSE MATERIAL
[Repealed]
Repeal of sections 101 to 106 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
CHAPTER 7— INTERFERENCE WITH HOMING PIGEONS OWNED BY UNITED STATES
[Repealed]
Repeal of sections 111 to 113 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
CHAPTER 8— EXPLOSIVES; MANUFACTURE, DISTRIBUTION, STORAGE, USE, AND POSSESSION REGULATED
[Repealed]
CHAPTER 9— AIRCRAFT
[Repealed]
[Repealed]
[Repealed]
[Repealed]
For effective date of repeal, see section 21(a) of Pub. L. 85–507.
CHAPTER 10— HELIUM GAS
[Repealed]
In this chapter:
The term “Cliffside Field” means the helium storage reservoir in which the Federal Helium Reserve is stored.
The term “Federal Helium Pipeline” means the federally owned pipeline system through which helium for the Federal Helium Reserve may be transported.
The term “Federal Helium Reserve” means helium reserves owned by the United States.
The term “Federal Helium System” means—
the Federal Helium Reserve;
the Cliffside Field;
the Federal Helium Pipeline; and
all other infrastructure owned, leased, or managed under contract by the Secretary for the storage, transportation, withdrawal, enrichment, purification, or management of helium.
The term “Federal user” means a Federal agency or extramural holder of one or more Federal research grants using helium.
The term “low-Btu gas” means a fuel gas with a heating value of less than 250 Btu per standard cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, helium, argon, and carbon dioxide.
The term “person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, or State or political subdivision.
The term “priority pipeline access” means the first priority of delivery of crude helium under which the Secretary schedules and ensures the delivery of crude helium to a helium refinery through the Federal Helium System.
The term “qualified bidder” means a person the Secretary determines is seeking to purchase helium for their own use, refining, or redelivery to users.
The term “qualified bidder” does not include a person who was previously determined to be a qualified bidder if the Secretary determines that the person did not meet the requirements of a qualified bidder under this chapter.
The term “qualifying domestic helium transaction” means any agreement entered into or renegotiated agreement during the preceding 1-year period in the United States for the purchase or sale of at least 15,000,000 standard cubic feet of crude or pure helium to which any holder of a contract with the Secretary for the acceptance, storage, delivery, or redelivery of crude helium from the Federal Helium System is a party.
The term “refiner” means a person with the ability to take delivery of crude helium from the Federal Helium Pipeline and refine the crude helium into pure helium.
The term “Secretary” means the Secretary of the Interior.
Pub. L. 113–40, § 1, Oct. 2, 2013, 127 Stat. 534, provided that:
“This Act [see Tables for classification] may be cited as the ‘Helium Stewardship Act of 2013’.”
Pub. L. 104–273, § 1, Oct. 9, 1996, 110 Stat. 3315, provided that:
“This Act [amending sections 167a to 167d, 167f, 167j, and 167m of this title] may be cited as the ‘Helium Privatization Act of 1996’.”
Pub. L. 113–40, § 9, Oct. 2, 2013, 127 Stat. 544, provided that:
“The Secretary of the Interior shall promulgate such regulations as are necessary to carry out this Act [see Tables for classification] and the amendments made by this Act, including regulations necessary to prevent unfair acts and practices.”
Act Mar. 3, 1925, ch. 426, § 20, formerly § 17, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 923, renumbered § 20, Pub. L. 113–40, § 6(2), Oct. 2, 2013, 127 Stat. 540, provided that:
“If any provision of this Act [enacting this section, sections 167a to 167n of this title, and provisions set out as a note above], or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.”
Pub. L. 113–40, § 8, Oct. 2, 2013, 127 Stat. 544, provided that:
“(a) In General .— This Act [see Tables for classification] and the amendments made by this Act shall not affect or diminish the rights and obligations of the Secretary of the Interior and private parties under agreements in existence on the date of enactment of this Act [ Oct. 2, 2013 ], except to the extent that the agreements are renewed or extended after that date. “(b) Delivery .— No agreement described in subsection (a) shall affect or diminish the right of any party that purchases helium after the date of enactment of this Act in accordance with section 6 of the Helium Act ( 50 U.S.C. 167d ) (as amended by section 5) to receive delivery of the helium in accordance with section 5(e)(2) of the Helium Act ( 50 U.S.C. 167c(e)(2) ) (as amended by section 4).”
Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 112], Nov. 29, 1999, 113 Stat. 1535, 1501A–157, provided that:
“(a) Employees of Helium Operations, Bureau of Land Management, entitled to severance pay under 5 U.S.C. 5595 , may apply for, and the Secretary of the Interior may pay, the total amount of the severance pay to the employee in a lump sum. Employees paid severance pay in a lump sum and subsequently reemployed by the Federal Government shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made to the Helium Fund. “(b) Helium Operations employees who elect to continue health benefits after separation shall be liable for not more than the required employee contribution under 5 U.S.C. 8905a(d)(1)(A) . The Helium Fund shall pay for 18 months the remaining portion of required contributions. “(c) The Secretary of the Interior may provide for training to assist Helium Operations employees in the transition to other Federal or private sector jobs during the facility shut-down and disposition process and for up to 12 months following separation from Federal employment, including retraining and relocation incentives on the same terms and conditions as authorized for employees of the Department of Defense in section 348 of the National Defense Authorization Act for Fiscal Year 1995 [ Pub. L. 103–337 , 10 U.S.C. 1597 note]. “(d) For purposes of the annual leave restoration provisions of 5 U.S.C. 6304(d)(1)(B) , the cessation of helium production and sales, and other related Helium Program activities shall be deemed to create an exigency of public business under, and annual leave that is lost during leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of whether such leave was scheduled in advance) shall be restored to the employee and shall be credited and available in accordance with 5 U.S.C. 6304(d)(2) . Annual leave so restored and remaining unused upon the transfer of a Helium Program employee to a position of the executive branch outside of the Helium Program shall be liquidated by payment to the employee of a lump sum from the Helium Fund for such leave. “(e) Benefits under this section shall be paid from the Helium Fund in accordance with section 4(c)(4) of the Helium Privatization Act of 1996 [probably means the Helium Act, which is classified to section 167b(c)(4) of this title ]. Funds may be made available to Helium Program employees who are or will be separated before October 1, 2002 because of the cessation of helium production and sales and other related activities. Retraining benefits, including retraining and relocation incentives, may be paid for retraining commencing on or before September 30, 2002 . “(f) This section shall remain in effect through fiscal year 2002.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, § 101(e) [title I, § 112], Oct. 21, 1998, 112 Stat. 2681–231, 2681–254.
Pub. L. 105–83, title I, § 113, Nov. 14, 1997, 111 Stat. 1562.
The Secretary may enter into agreements with private parties for the recovery and disposal of helium on Federal lands upon such terms and conditions as the Secretary deems fair, reasonable, and necessary.
The Secretary may grant leasehold rights to any such helium.
The Secretary may not enter into any agreement by which the Secretary sells such helium other than to a private party with whom the Secretary has an agreement for recovery and disposal of helium.
Agreements under paragraph (1) may be subject to such regulations as may be prescribed by the Secretary.
An agreement under paragraph (1) shall be subject to any rights of any affected Federal oil and gas lessee that may be in existence prior to the date of the agreement.
An agreement under paragraph (1) (and any extension or renewal of an agreement) shall contain such terms and conditions as the Secretary may consider appropriate.
This subsection shall not in any manner affect or diminish the rights and obligations of the Secretary and private parties under agreements to dispose of helium produced from Federal lands in existence on October 9, 1996 , except to the extent that such agreements are renewed or extended after October 9, 1996 .
The Secretary may store, transport, and sell helium only in accordance with this chapter.
All amounts received by the Secretary from the sale or disposition of helium on Federal land shall be credited to the Helium Production Fund established under section 167d(e) of this title .
The Secretary may store, transport, and withdraw crude helium and maintain and operate crude helium storage facilities, in existence on October 9, 1996 , at the Bureau of Mines Cliffside Field, and related helium transportation and withdrawal facilities.
Not later than 18 months after October 9, 1996 , the Secretary shall cease producing, refining, and marketing refined helium and shall cease carrying out all other activities relating to helium which the Secretary was authorized to carry out under this chapter before October 9, 1996 , except activities described in subsection (a).
Subject to paragraph (5), not later than 24 months after the cessation of activities referred to in subsection (b) of this section, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests therein, held by the United States for the purpose of producing, refining and marketing refined helium.
The disposal of such property shall be in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
All proceeds accruing to the United States by reason of the sale or other disposal of such property shall be treated as moneys received under this chapter for purposes of section 167d(e) of this title .
All costs associated with such sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under subsection (b) shall be paid from amounts available in the helium production fund established under section 167d(e) of this title .
Paragraph (1) shall not apply to any facilities, equipment, or other real or personal property, or any interest therein, necessary for the storage, transportation, and withdrawal of crude helium or any equipment, facilities, or other real or personal property, required to maintain the purity, quality control, and quality assurance of crude helium in the Bureau of Mines Cliffside Field.
All contracts that were entered into by any person with the Secretary for the purchase by the person from the Secretary of refined helium and that are in effect on October 9, 1996 , shall remain in force and effect until the date on which the refining operations cease, as described in subsection (b).
Any costs associated with the termination of contracts described in paragraph (1) shall be paid from the helium production fund established under section 167d(e) of this title .
If the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary shall impose a fee on the person that accurately reflects the economic value of those services.
The fees charged under subsection (a) shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or transportation services, including capital investments in upgrades and maintenance at the Federal Helium System.
Prior to sale or auction under subsection (a), (b), or (c) of section 167d of this title , the Secretary shall annually publish a standardized schedule of fees that the Secretary will charge under this section.
All fees received by the Secretary under this section shall be credited to the Helium Production Fund established under section 167d(e) of this title .
In accordance with this section, the Secretary shall—
allow any person or qualified bidder to which crude helium is sold or auctioned under section 167d of this title to store helium in the Federal Helium Reserve; and
establish a schedule for the transportation and delivery of helium using the Federal Helium System that—
ensures timely delivery of helium auctioned pursuant to section 167d(b)(2) of this title;
ensures timely delivery of helium acquired from the Secretary from the Federal Helium Reserve by means other than an auction under section 167d(b)(2) of this title, including nonallocated sales; and
provides priority access to the Federal Helium Pipeline for in-kind sales for Federal users.
The Secretary shall consider any applications for access to the Federal Helium Pipeline in a manner consistent with the schedule for phasing out commercial sales and disposition of assets pursuant to section 167d of this title .
The Secretary shall offer crude helium for sale in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption.
Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.
This subsection applies during—
the period beginning on October 2, 2013, and ending on September 30, 2014; and
any period during which the sale of helium under subsection (b) is delayed or suspended.
The Secretary shall offer crude helium for sale in quantities not subject to auction under paragraph (2), after completion of each auction, at not less than the minimum price established under paragraph (7), and under such terms and conditions as the Secretary determines necessary—
to maximize total recovery of helium from the Federal Helium Reserve over the long term;
to maximize the total financial return to the taxpayer;
to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve;
to give priority to meeting the helium demand of Federal users in the event of any disruption to the Federal Helium Reserve; and
to carry out this subsection with minimum market disruption.
For the period described in paragraph (4) and consistent with the conditions described in paragraph (8), the Secretary shall annually auction to any qualified bidder a quantity of crude helium in the Federal Helium Reserve equal to—
for fiscal year 2015, 10 percent of the total volume of crude helium made available for that fiscal year;
for each of fiscal years 2016 through 2019, a percentage of the total volume of crude helium that is 15 percentage points greater than the percentage made available for the previous fiscal year; and
for fiscal year 2020 and each fiscal year thereafter, 100 percent of the total volume of crude helium made available for that fiscal year.
Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.
This subsection applies during the period—
beginning on October 1, 2014; and
ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 167c of this title and this section) is 3,000,000,000 standard cubic feet.
The Secretary may adjust the quantities specified in paragraph (2)—
downward, if the Secretary determines the adjustment necessary—
to minimize market disruptions that pose a threat to the economic well-being of the United States; and
only after submitting a written justification of the adjustment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; or
upward, if the Secretary determines the adjustment necessary to increase participation in crude helium auctions or returns to the taxpayer.
The Secretary shall conduct each auction using a method that maximizes revenue to the Federal Government.
The Secretary shall annually establish, as applicable, separate sale and minimum auction prices under subsection (a)(1) and paragraphs (1) and (2) using, if applicable and in the following order of priority:
The sale price of crude helium in auctions held by the Secretary under paragraph (2).
Price recommendations and disaggregated data from a qualified, independent third party who has no conflict of interest, who shall conduct a confidential survey of qualifying domestic helium transactions.
The volume-weighted average price of all crude helium and pure helium purchased, sold, or processed by persons in all qualifying domestic helium transactions.
The volume-weighted average cost of converting gaseous crude helium into pure helium.
The Secretary shall require all persons that are parties to a contract with the Secretary for the withdrawal, acceptance, storage, transportation, delivery, or redelivery of crude helium to disclose, on a strictly confidential basis—
the volumes and associated prices in dollars per thousand cubic feet of all crude and pure helium purchased, sold, or processed by persons in qualifying domestic helium transactions;
the volumes and associated costs in dollars per thousand cubic feet of converting crude helium into pure helium; and
refinery capacity and future capacity estimates.
As a condition of sale or auction to a refiner under subsection (a)(1) and paragraphs (1) and (2), effective beginning 90 days after October 2, 2013, the refiner shall make excess refining capacity of helium available at commercially reasonable rates to—
any person prevailing in auctions under paragraph (2); and
any person that has acquired crude helium from the Secretary from the Federal Helium Reserve by means other than an auction under paragraph (2) after October 2, 2013, including nonallocated sales.
The Secretary may use the information collected under this chapter—
to approximate crude helium prices; and
to ensure the recovery of fair value for the taxpayers of the United States from sales of crude helium.
The Secretary shall adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure the confidentiality of information submitted pursuant to this chapter.
Effective beginning in fiscal year 2016, the Secretary may conduct a forward auction once each fiscal year of a quantity of helium that is equal to up to 10 percent of the volume of crude helium to be made available at auction during the following fiscal year if the Secretary determines that the forward auction will—
not cause a disruption in the supply of helium from the Reserve;
represent a cost-effective action;
generate greater returns for taxpayers; and
increase the effectiveness of price discovery.
For fiscal year 2015 the Secretary shall conduct only one auction, which shall precede, and one sale, which shall take place no later than August 1, 2014, with full and final payment for the sale being made no later than September 26, 2014. Consistent with the annual volumes established under paragraph (2), effective beginning in fiscal year 2016, the Secretary may conduct auctions twice during each fiscal year if the Secretary determines that the auction frequency will—
not cause a disruption in the supply of helium from the Reserve;
represent a cost-effective action;
generate greater returns for taxpayers; and
increase the effectiveness of price discovery.
Notwithstanding paragraph (4)(A), the Secretary shall hold a one-time sale of helium, no later than August 1, 2014 from amounts available in fiscal year 2016 pursuant to this section. Full and final payment for the sale must be made no later than 45 days after the date the sale takes place.
The volume of helium sold under this paragraph—
shall be at least 250 million cubic feet; and
shall be made available for sale consistent with paragraph (2)(B).
The Secretary shall offer crude helium for sale to Federal users in such quantities, at such times, at such prices required to reimburse the Secretary for the full costs of the sales, and under such terms and conditions as the Secretary determines necessary to carry out this subsection.
Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.
This subsection applies beginning on the day after the date described in subsection (b)(4)(B).
Not earlier than 2 years after the date of commencement of Phase C described in subsection (c) and not later than September 30, 2021 , the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests in the same, held by the United States in the Federal Helium System.
The disposal of the property described in paragraph (1) shall be in accordance with subtitle I of title 40.
All proceeds accruing to the United States by reason of the sale or other disposal of the property described in paragraph (1) shall be treated as funds received under this chapter for purposes of subsection (e).
All costs associated with the sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under this subsection shall be paid from amounts available in the Helium Production Fund established under subsection (e).
All amounts received under this chapter, including amounts from the sale or auction of crude helium, shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes determined to be necessary and cost effective by the Secretary to carry out this chapter (other than sections 167n, 167o, and 167p of this title), including capital investments in upgrades and maintenance at the Federal Helium System, including—
well head maintenance at the Cliffside Field;
capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Field;
capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, enrichment, transportation, purification, and sale of crude helium from the Federal Helium Reserve;
entering into purchase, lease, or other agreements to drill new or uncap existing wells to maximize the recovery of crude helium from the Federal Helium System; and
any other scheduled or unscheduled maintenance of the Federal Helium System.
Amounts in the Helium Production Fund in excess of amounts the Secretary determines to be necessary to carry out paragraph (1) shall be paid to the general fund of the Treasury and used to reduce the annual Federal budget deficit.
Out of amounts paid to the general fund of the Treasury under paragraph (2), the Secretary of the Treasury shall use $51,000,000 to retire public debt.
Not later than 1 year after October 2, 2013 , and annually thereafter, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing all expenditures by the Bureau of Land Management to carry out this chapter.
The Secretary shall offer for sale or auction during each fiscal year under subsections (a), (b), and (c) a quantity of crude helium that is the lesser of—
the quantity of crude helium offered for sale by the Secretary during fiscal year 2012; or
the maximum total production capacity of the Federal Helium System.
The Secretary of Defense and the Chairman of the Atomic Energy Commission may each designate representatives to cooperate with the Secretary in carrying out the purposes of this chapter, and shall have complete right of access to plants, data, and accounts.
[Repealed]
The Secretary is authorized to establish and promulgate such rules and regulations, as are consistent with the directions of this chapter and are necessary to carry out the provisions hereof.
The provisions of subchapter II of chapter 5 of title 5 shall apply to any agency proceeding and any agency action taken under this chapter, including the issuance of rules and regulations, and the terms “agency proceeding” and “agency action” shall have the meaning specified in subchapter II of chapter 5 of title 5.
In any proceeding under this chapter for the granting, suspending, revoking, or amending of any license, or application to transfer control thereof, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, the Secretary shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. Any final order entered in any such proceeding shall be subject to judicial review in the manner prescribed in chapter 158 of title 28, and to the provisions of chapter 7 of title 5.
The provisions of the Natural Gas Act of June 21, 1938 , as amended [ 15 U.S.C. 717 et seq.], shall not be applicable to the sale, extraction, processing, transportation, or storage of helium either prior to or subsequent to the separation of such helium from the natural gas with which it is commingled, whether or not the provisions of such Act apply to such natural gas, and in determining the rates of a natural gas company under sections 4 and 5 of the Natural Gas Act, as amended [ 15 U.S.C. 717c , 717d], whenever helium is extracted from helium-bearing natural gas, there shall be excluded (1) all income received from the sale of helium; (2) all direct costs incurred in the extraction, processing, compression, transportation or storage of helium; and (3) that portion of joint costs of exploration, production, gathering, extraction, processing, compression, transportation or storage divided and allocated to helium on a volumetric basis.
The Secretary of the Interior shall transfer all right, title, and interest of the United States in and to the parcel of land described in subsection (b) to the Texas Plains Girl Scout Council for consideration of $1, reserving to the United States such easements as may be necessary for pipeline rights-of-way.
The parcel of land referred to in subsection (a) is all those certain lots, tracts or parcels of land lying and being situated in the County of Potter and State of Texas, and being the East Three Hundred Thirty-One (E331) acres out of Section Seventy-eight (78) in Block Nine (9), B.S. & F. Survey, (some times known as the G.D. Landis pasture) Potter County, Texas, located by certificate No. 1/39 and evidenced by letters patents Nos. 411 and 412 issued by the State of Texas under date of November 23, 1937, and of record in Vol. 66A of the Patent Records of the State of Texas. The metes and bounds description of such lands is as follows:
One Hundred Seventy-one (171) acres of land known as the North part of the East part of said survey Seventy-eight (78) aforesaid, described by metes and bounds as follows:
Beginning at a stone 20 x 12 x 3 inches marked X, set by W.D. Twichell in 1905, for the Northeast corner of this survey and the Northwest corner of Section 59;
Thence, South 0 degrees 12 minutes East with the West line of said Section 59, 999.4 varas to the Northeast corner of the South 160 acres of East half of Section 78;
Thence, North 89 degrees 47 minutes West with the North line of the South 150 acres of the East half, 956.8 varas to a point in the East line of the West half Section 78;
Thence, North 0 degrees 10 minutes West with the East line of the West half 999.4 varas to a stone 18 x 14 x 3 inches in the middle of the South line of Section 79;
Thence, South 89 degrees 47 minutes East 965 varas to the place of beginning.
One Hundred Sixty (160) acres of land known as the South part of the East part of said survey No. Seventy-eight (78) described by metes and bounds as follows:
Beginning at the Southwest corner of Section 59, a stone marked X and a pile of stones; Thence, North 89 degrees 47 minutes West with the North line of Section 77, 966.5 varas to the Southeast corner of the West half of Section 78; Thence, North 0 degrees 10 minutes West with the East line of the West half of Section 78;
Thence, South 89 degrees 47 minutes East 965.8 varas to a point in the East line of Section 78;
Thence, South 0 degrees 12 minutes East 934.6 varas to the place of beginning.
Containing an area of 331 acres, more or less.
Whoever willfully violates, attempts to violate, or conspires to violate, any provision of this chapter or any regulation or order issued or any terms of a license granted thereunder shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both.
Whenever in the judgment of the Secretary any person has engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, or any regulation or order issued or any term of a license granted thereunder, any such act or practice may be enjoined by any district court having jurisdiction of such person, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.
The Secretary, acting through the Bureau of Land Management, shall make available on the Internet information relating to the Federal Helium System that includes—
continued publication of an open market and in-kind price;
aggregated projections of excess refining capacity;
ownership of helium held in the Federal Helium Reserve;
the volume of helium delivered to persons through the Federal Helium Pipeline;
pressure constraints of the Federal Helium Pipeline;
an estimate of the projected date when 3,000,000,000 standard cubic feet of crude helium will remain in the Federal Helium Reserve and the final phase described in section 167d(c) of this title will begin;
the amount of the fees charged under section 167c of this title;
the scheduling of crude helium deliveries through the Federal Helium Pipeline; and
other factors that will increase transparency.
Not later than 90 days after October 2, 2013, to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish a timely and public reporting process to provide data that affects the helium industry, including—
annual maintenance schedules and quarterly updates, that shall include—
the date and duration of planned shutdowns of the Federal Helium Pipeline;
the nature of work to be undertaken on the Federal Helium System, whether routine, extended, or extraordinary;
the anticipated impact of the work on the helium supply;
the efforts being made to minimize any impact on the supply chain; and
any concerns regarding maintenance of the Federal Helium Pipeline, including the pressure of the pipeline or deviation from normal operation of the pipeline;
for each unplanned outage, a description of—
the beginning of the outage;
the expected duration of the outage;
the nature of the problem;
the estimated impact on helium supply;
a plan to correct problems, including an estimate of the potential timeframe for correction and the likelihood of plan success within the timeframe;
efforts to minimize negative impacts on the helium supply chain; and
updates on repair status and the anticipated online date;
monthly summaries of meetings and communications between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including a list of participants and an indication of any actions taken as a result of the meetings or communications; and
current predictions of the lifespan of the Federal Helium System, including how much longer the crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium System for the following fiscal year.
Not later than 2 years after October 2, 2013, the Secretary, acting through the Director of the United States Geological Survey, shall—
in coordination with appropriate heads of State geological surveys—
complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and
make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir;
in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir;
in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete—
an assessment of trends in global demand for helium, including the isotope helium-3;
a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and
an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and
submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the assessments required under this paragraph.
There is authorized to be appropriated to carry out this section $1,000,000.
The Secretary of Energy shall support programs of research, development, commercial application, and conservation (including the programs described in subsection (b))—
to expand the domestic production of low-Btu gas and helium resources;
to separate and capture helium from natural gas streams; and
to reduce the venting of helium and helium-bearing low-Btu gas during natural gas exploration and production.
The Secretary of Energy, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu gases, including technologies that remove helium and other constituent gases that lower the Btu content of natural gas.
The Secretary of Energy shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occur naturally in geological reservoirs or formations, including—
low-Btu gas production streams; and
technologies that minimize the atmospheric venting of helium gas during natural gas production.
The Secretary of Energy, working through the Advanced Manufacturing Office of the Department of Energy, shall carry out a research program—
to develop low-cost technologies and technology systems for recycling, reprocessing, and reusing helium for all medical, scientific, industrial, commercial, aerospace, and other uses of helium in the United States, including Federal uses; and
to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing.
There is authorized to be appropriated to carry out this section $3,000,000.
The Secretary shall cooperate with the Secretary of Energy, or a designee, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium and other potential sources, including—
gas analysis; and
infrastructure studies.
The Secretary, in consultation with the Secretary of Energy, or a designee, may carry out a study to assess the feasibility of—
establishing a facility to separate the isotope helium-3 from crude helium; and
exploring other potential sources of the isotope helium-3.
Not later than 1 year after October 2, 2013 , the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that contains a description of the results of the assessments conducted under this section.
There is authorized to be appropriated to carry out this section $1,000,000.
In anticipation of the implementation of Phase D described in section 167d(d) of this title, and not later than 2 years after October 2, 2013, the Secretary (in consultation with the Secretary of Energy, the Secretary of Defense, the Director of the National Science Foundation, the Administrator of the National Aeronautics and Space Administration, the Director of the National Institutes of Health, and other agencies as appropriate) shall submit to Congress a report that provides for Federal users—
an assessment of the consumption of, and projected demand for, crude and refined helium;
a description of a 20-year Federal strategy for securing access to helium;
a determination of a date prior to September 30, 2021, for the implementation of Phase D as described in section 167d(d) of this title that minimizes any potential supply disruptions for Federal users;
an assessment of the effects of increases in the price of refined helium and methods and policies for mitigating any determined effects; and
a description of a process for prioritization of uses that accounts for diminished availability of helium supplies that may occur over time.
CHAPTER 11— ACQUISITION OF AND EXPENDITURES ON LAND FOR NATIONAL-DEFENSE PURPOSES
[Repealed]
[Repealed]
[Repealed]
[Repealed]
CHAPTER 12— VESSELS IN TERRITORIAL WATERS OF UNITED STATES
Amendment by Pub. L. 87–845 effective Jan. 2, 1963, see section 25 of Pub. L. 87–845, set out as a note under section 414 of Title 28, Judiciary and Judicial Procedure.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
“Secretary of Transportation” substituted in text for “Secretary of the Treasury” pursuant to section 6(b)(1) of Pub. L. 89–670, which transferred Coast Guard to Department of Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation.
[Repealed]
Repeal effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
[Repealed]
[Repealed]
Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
In this Act:
The term “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.
The term “territorial waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.
Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
Act June 15, 1917, ch. 30, title XIII, § 4, 40 Stat. 231, provided:
“If any clause, sentence, paragraph, or part of this Act [see Tables for classification] shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.”
CHAPTER 13— INSURRECTION
[Repealed]
Whenever the President, in pursuance of the provisions of this chapter, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States.
Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith shall be subject to the prohibitions and conditions of section 205 of this title for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President.
The provisions of this chapter in relation to commercial intercourse shall apply to all commercial intercourse by and between persons residing or being within districts within the lines of national military occupation in the States or parts of States declared in insurrection, whether with each other or with persons residing or being within districts declared in insurrection and not within those lines; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection.
The President may, in his discretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supplying the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freedmen, or others employed and paid by them, pursuant to rules relating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer designated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury.
[Repealed]
Every officer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other person, who takes, or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into such State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in this chapter, or who makes any false statement or representation upon which license and authority is granted for such transportation, sale, or other disposition, or who, under any license or authority obtained, willfully and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or who willfully and knowingly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keeping false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same.
It shall be the duty of the Secretary of the Treasury, from time to time, to institute such investigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and of States in insurrection. And the agents making such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath.
Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned.
Such prizes and capture shall be condemned in the district court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.
[Repealed]
The Attorney General, or the United States attorney for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.
Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “attorney of the United States”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.
The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turnpike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to believe that such property is intended for any place in the possession or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is further authorized, in all cases where he deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this section; and if any property is transported in violation of this chapter, or of any regulation of the Secretary of the Treasury, established in pursuance thereof, or if any attempt shall be made so to transport any, it shall be forfeited.
All persons in the military or naval service of the United States are prohibited from buying or selling, trading, or in any way dealing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this chapter, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same.
[Repealed]
Whenever, at any port of entry, the duties on imports cannot, in the judgment of the President, be collected in the ordinary way, or by the course provided in section 218 1 1 See References in Text note below. of this title, by reason of the cause mentioned in said section, he may direct that the customhouse for the district be established in any secure place within the district, either on land or on board any vessel in the district, or at sea near the coast; and in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstructions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable.
It shall be unlawful to take any vessel or cargo detained under section 219 of this title from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof.
Whenever, in any collection district, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, nor in the manner provided by sections 218 1 1 See References in Text note below. to 220 of this title, by reason of the cause mentioned in section 218 of this title , the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall cease and be discontinued at such port so closed until it is opened by the order of the President on the cessation of such obstructions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited.
From and after fifteen days after the issuing of the proclamation, as provided in section 205 of this title , any vessel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited.
The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise, destined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited.
Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it necessary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrection against the authority of the United States.
In all cases wherein any vessel, or other property, is condemned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemnation, and before awarding such vessel, or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence, as a valid claim against such vessel, or other property, under the laws of the United States or of any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly participated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose.
CHAPTER 14— WARTIME VOTING BY LAND AND NAVAL FORCES
[Repealed]
Sections 301 to 303 were also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70 Stat. 641.
[Repealed]
[Repealed]
Sections 321 to 331 were also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.
[Repealed]
[Repealed]
Section was also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.
[Repealed]
[Repealed]
[Repealed]
Sections 351 to 355 were also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.
CHAPTER 15— NATIONAL SECURITY
SUBCHAPTER I— COORDINATION FOR NATIONAL SECURITY
SUBCHAPTER II— MISCELLANEOUS AND CONFORMING PROVISIONS
SUBCHAPTER III— ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
SUBCHAPTER IV— PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
SUBCHAPTER V— PROTECTION OF OPERATIONAL FILES
SUBCHAPTER VI— ACCESS TO CLASSIFIED INFORMATION
SUBCHAPTER VII— APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES
SUBCHAPTER VII–A— EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
Part A— Science and Technology
Part B— Foreign Languages Program
Part C— Additional Education Provisions
SUBCHAPTER VIII— ADDITIONAL MISCELLANEOUS PROVISIONS
CHAPTER 16— DEFENSE INDUSTRIAL RESERVES
Act July 2, 1948, ch. 811, § 1, 62 Stat. 1225, as amended by Pub. L. 93–155, title VIII, § 809, Nov. 16, 1973, 87 Stat. 617, provided:
“That this Act [enacting this chapter] may be cited as the ‘Defense Industrial Reserve Act’.”
[Repealed]
There are authorized to be appropriated such sums as the Congress may from time to time determine to be necessary to enable the Secretary to carry out the provisions of this chapter.
CHAPTER 17— ARMING AMERICAN VESSELS
[Repealed]
CHAPTER 18— AIR-WARNING SCREEN
The Secretary of the Air Force is authorized to establish and develop within and without the continental limits of the United States in fulfilling the air defense responsibilities of the Department of the Air Force such land-based air warning and control installations and facilities, by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, utilities, and access roads, and to provide for necessary administration and planning therefor, without regard to section 3324(a) and (b) of title 31, as he may deem necessary in the interest of national security: Provided , That not to exceed $85,500,000 shall be appropriated for the construction of public works authorized by this section.
The Secretary of the Air Force is authorized to procure communication services required for the semiautomatic ground environment system. No contract for such services may be for a period of more than ten years from the date communication services are first furnished under such contract. The aggregate contingent liability of the Government under the termination provisions of all contracts authorized hereunder may not exceed a total of $222,000,000 and the Government Accountability Office shall have access to such carrier records and accounts as it may deem necessary for the purpose of audit. In procuring such services, the Secretary of the Air Force shall utilize to the fullest extent practicable the facilities and capabilities of communication common carriers, including rural telephone cooperatives, within their respective service areas and for power supply, shall utilize to the fullest extent practicable, the facilities and capabilities of public utilities and rural electric cooperatives within their respective service areas. Negotiations with communication common carriers, including cooperatives, and representation in proceedings involving such carriers before Federal and State regulatory bodies where such negotiations or proceedings involve contracts authorized by this paragraph shall be in accordance with the provisions of sections 501–505 of title 40.
Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing, authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces.
In furtherance of section 491 of this title , the Secretary of the Air Force is authorized to make surveys and to acquire lands and rights pertaining thereto or other interests therein, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, and to place permanent and temporary improvements thereon whether such lands are held in fee or under lease, or under other temporary tenure.
There is authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, such sums as may be necessary to carry out the purposes of this chapter, and when so specified in an appropriation Act such amounts shall remain available until expended.
The provisions of this chapter shall be subject to the duties and authority of the Secretary of Defense and the departments and agencies of the Department of Defense as provided in the National Security Act of 1947.
“Department of Defense” substituted in text for “National Military Establishment” on authority of act Aug. 10, 1949, ch. 412, § 12(a), 63 Stat. 591.
CHAPTER 19— GUIDED MISSILES
The Secretary of the Air Force is authorized to establish a joint long-range proving ground for guided missiles and other weapons by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, and utilities, within or without the continental limits of the United States, for scientific study, testing, and training purposes by the Departments of the Army, Navy, and Air Force.
The Secretary of the Air Force is authorized in discharging the authority given in section 501 of this title to make surveys, to acquire lands and rights or other interests pertaining thereto, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, without regard to section 3324(a) and (b) of title 31. Prior to the acquisition under the authority of this section of any lands or rights or other interests pertaining thereto, the Secretary of the Air Force shall come into agreement with the Armed Services Committees of the Senate and the House of Representatives with respect to the acquisition of such lands, rights, or other interests.
The Secretary of Defense is authorized, in his discretion, to transfer to the Secretary of the Army or the Secretary of the Navy, and to retransfer from either of such Secretaries to the other or to the Secretary of the Air Force, all, or any part of, the authority granted by sections 501 and 502 of this title; and, in connection with any such transfer or retransfer, to transfer all or any part of the funds available for the establishment and support of the joint long-range proving ground for guided missiles and other weapons. The Secretary of Defense is further authorized to permit, to the extent that he may deem appropriate, the Secretaries of the Army, the Navy, and the Air Force to contribute, with or without reimbursement, to the establishment and support of the joint long-range proving ground for guided missiles authorized by this chapter, by the loan, assignment, or transfer of personnel, supplies, equipment, and services.
CHAPTER 20— WIND TUNNELS
SUBCHAPTER I— CONSTRUCTION OF WIND-TUNNEL FACILITIES
The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the “Administrator”) and the Secretary of Defense are authorized and directed jointly to develop a unitary plan for the construction of transsonic, supersonic, and hypersonic wind-tunnel facilities for the solution of research, development, and evaluation problems in aeronautics, including the construction of facilities at educational institutions within the continental limits of the United States for training and research in aeronautics, and to revise the uncompleted portions of the unitary plan from time to time to accord with changes in national defense requirements and scientific and technical advances. The Administrator and the Secretaries of the Army, the Navy, and the Air Force are authorized to proceed with the construction and equipment of facilities in implementation of the unitary plan to the extent permitted by appropriations pursuant to existing authority and the authority contained in this chapter. Any further implementation of the unitary plan shall be subject to such additional authorizations as may be approved by Congress.
Pub. L. 85–568, title III, § 301(e), July 29, 1958, 72 Stat. 433, provided that:
“This section [amending this section and sections 512, 513, and 515 of this title, section 22–1 of former Title 5, and sections 2302 and 2303 of Title 10, Armed Forces, and enacting provisions set out as a note under section 2472 of Title 42 , The Public Health and Welfare] shall take effect ninety days after the date of the enactment of this Act [ July 29, 1958 ], or on any earlier date on which the Administrator [of the National Aeronautics and Space Administration] shall determine, and announce by proclamation published in the Federal Register, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it by this Act.”
Act Oct. 27, 1949, ch. 766, title I, § 106, 63 Stat. 937, provided that:
“This title [enacting this subchapter] may be cited as the ‘Unitary Wind Tunnel Plan Act of 1949’.”
Act Oct. 27, 1949, ch. 766, title II, § 205, 63 Stat. 938, provided that:
“This title [enacting subchapter II of this chapter] may be cited as the ‘Air Engineering Development Center Act of 1949’.”
The Administrator is authorized, in implementation of the unitary plan, to construct and equip transsonic or supersonic wind tunnels of a size, design and character adequate for the efficient conduct of experimental work in support of long-range fundamental research at educational institutions within the continental United States, to be selected by the Administrator, or to enter into contracts with such institutions to provide for such construction and equipment, at a total cost not to exceed $10,000,000: Provided , That the Administrator may, in his discretion, after consultation with the Committees on Armed Services of both Houses of the Congress, vest title to the facilities completed pursuant to this section in such educational institutions under such terms and conditions as may be deemed in the best interests of the United States.
Amendment by Pub. L. 85–568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85–568, set out as a note under section 511 of this title.
The Administrator is authorized to expand the facilities at his existing laboratories and centers by the construction of additional transsonic, supersonic, and hypersonic wind tunnels, including buildings, equipment, and accessory construction, and by the acquisition of land and installation of utilities.
There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section, but not to exceed $136,000,000.
The facilities authorized by this section shall be operated and staffed by the Administrator but shall be available primarily to industry for testing experimental models in connection with the development of aircraft and missiles. Such tests shall be scheduled and conducted in accordance with industry’s requirements and allocation of facility time shall be made in accordance with the public interest, with proper emphasis upon the requirements of each military service and due consideration of civilian needs.
Amendment by Pub. L. 85–568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85–568, set out as a note under section 511 of this title.
Act June 29, 1950, ch. 405, § 801, 64 Stat. 286, provided in part for an additional appropriation of $75,000,000, to remain available until expended; for the construction and completion and equipment of facilities at the Langley Aeronautical Laboratory, Langley Air Force Base, Virginia.
The Secretary of the Navy is authorized, in implementation of the unitary plan, to expand the naval facilities at the David W. Taylor Model Basin, Carderock, Maryland, by the construction of a wind tunnel, including buildings, equipment, utilities, and accessory construction, at a cost not to exceed $6,600,000.
The Administrator shall submit semi-annual written reports to the Congress covering the selection of institutions and contracts entered into pursuant to section 512 of this title together with other pertinent information relative to the Administrator’s activities and accomplishments thereunder.
Amendment by Pub. L. 85–568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85–568, set out as a note under section 511 of this title.
SUBCHAPTER II— AIR ENGINEERING DEVELOPMENT CENTER
The Secretary of the Air Force is authorized to establish an Air Engineering Development Center, and to construct, install, and equip (1) temporary and permanent public works, including housing accommodations and community facilities for military and civilian personnel, buildings, facilities, appurtenances, and utilities; and (2) wind tunnels in implementation of the unitary plan referred to in subchapter I of this chapter; and to maintain and operate the public works and wind tunnels authorized by this subchapter.
To accomplish the purposes of this subchapter, the Secretary of the Air Force is authorized to acquire lands and rights pertaining thereto, or other interest therein, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, and construction under this subchapter may be prosecuted without regard to section 3324(a) and (b) of title 31.
The Secretary of the Air Force is authorized to employ such civilian personnel as may be necessary to carry out the purposes of this subchapter without regard to the limitation on maximum number of employees imposed by section 14(a) 1 1 See References in Text note below. of the Federal Employees Pay Act of 1946 ( 5 U.S.C. 947(g) ).
There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, to remain available until expended when so specified in the appropriation act concerned, (a) not to exceed $157,500,000 for the establishment and for initial construction, installation, and equipment of the Air Engineering Development Center authorized in this subchapter, including expenses for necessary surveys and acquisition of land, and (b) such sums as may be necessary to carry out the other purposes of this subchapter.
CHAPTER 21— ABACÁ PRODUCTION
Act Aug. 10, 1950, ch. 673, § 8, 64 Stat. 437, provided that this chapter become effective Apr. 1, 1950, and remain effective for ten years thereafter, unless Congress or President direct earlier termination of operations, and for such further period as necessary to earliest practicable liquidation of operations under this chapter.
CHAPTER 22— UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER I— GENERAL PROVISIONS
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER II— APPREHENSION AND RESTRAINT
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER III— NON-JUDICIAL PUNISHMENT
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER IV— COURTS-MARTIAL JURISDICTION
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER V— APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER VI— PRETRIAL PROCEDURE
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER VII— TRIAL PROCEDURE
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER VIII— SENTENCES
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER IX— REVIEW OF COURTS-MARTIAL
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER X— PUNITIVE ARTICLES
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
SUBCHAPTER XI— MISCELLANEOUS PROVISIONS
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
[Repealed]
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
CHAPTER 22A— REPRESENTATION OF ARMED FORCES PERSONNEL BEFORE FOREIGN JUDICIAL TRIBUNALS
[Repealed]
CHAPTER 23— INTERNAL SECURITY
SUBCHAPTER I— CONTROL OF SUBVERSIVE ACTIVITIES
Application of this subchapter to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note set out under that section.
[Repealed]
Act Sept. 23, 1950, ch. 1024, 64 Stat. 987, provided that:
“This Act [enacting subchapters I to III of this chapter and section 1507 of Title 18 , Crimes and Criminal Procedure, amending sections 137 to 137–8, 156, 456, 457, 704, 705, 725, 729, 733, 734, and 735 of Title 8, Aliens and Nationality, section 793 of Title 18 , and sections 611 and 618 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under sections 781 and 811 of this title and section 792 of Title 18 , and amending a provision set out as a note under section 402 of this title ] may be cited as the ‘Internal Security Act of 1950’.”
Act Sept. 23, 1950, ch. 1024, title I, § 1(a), 64 Stat. 987, which provided that title I of act Sept. 23, 1950, which enacted this subchapter and section 1507 of Title 18, Crimes and Criminal Procedure, amended sections 137 to 137–8, 156, 456, 457, 704, 705, 725, 729, 733, 734, and 735 of Title 8, Aliens and Nationality, section 793 of Title 18, and sections 611 and 618 of Title 22, Foreign Relations and Intercourse, and enacted provisions set out as notes under section 781 of this title and section 792 of Title 18, be cited as the “Subversive Activities Control Act of 1950”, was repealed by Pub. L. 103–199, title VIII, § 803(1), Dec. 17, 1993, 107 Stat. 2329.
Act Aug. 24, 1954, ch. 886, § 1, 68 Stat. 775, provided:
“That this Act [enacting sections 792a and subchapter IV of this chapter, amending sections 782, 784, 785, 789 to 792, and 793 of this title, and enacting a provision set out as a note under section 841 of this title ] may be cited as the ‘Communist Control Act of 1954’.”
Act Sept. 23, 1950, ch. 1024, title I, § 32, 64 Stat. 1019, provided:
“If any provision of this title [see Short Title note above] or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this title, or the application of such provision to other persons or circumstances, shall not be affected thereby.”
[Repealed]
It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, knowing or having reason to know that such information has been so classified, unless such officer or employee shall have been specifically authorized by the President, or by the head of the department, agency, or corporation by which this officer or employee is employed, to make such disclosure of such information.
It shall be unlawful for any agent or representative of any foreign government knowingly to obtain or receive, or attempt to obtain or receive, directly or indirectly, from any officer or employee of the United States or of any department or agency thereof or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, unless special authorization for such communication shall first have been obtained from the head of the department, agency, or corporation having custody of or control over such information.
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $10,000, or imprisonment for not more than ten years, or by both such fine and such imprisonment, and shall, moreover, be thereafter ineligible to hold any office, or place of honor, profit, or trust created by the Constitution or laws of the United States.
Any person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after the commission of such offense, notwithstanding the provisions of any other statute of limitations: Provided , That if at the time of the commission of the offense such person is an officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, such person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after such person has ceased to be employed as such officer or employee.
Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—
any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).
Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 853 of title 21 shall apply to—
if not inconsistent with this subsection.
property subject to forfeiture under this subsection;
any seizure or disposition of such property; and
any administrative or judicial proceeding in relation to such property,
As used in this subsection, the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.
[Repealed]
[Repealed]
[Repealed]
The foregoing provisions of this subchapter shall be construed as being in addition to and not in modification of existing criminal statutes.
Whoever willfully violates any defense property security regulation shall be fined under title 18 or imprisoned not more than one year, or both.
For purposes of paragraph (1), a defense property security regulation is a property security regulation that, pursuant to lawful authority—
shall be or has been promulgated or approved by the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection or security of Department of Defense property; or
shall be or has been promulgated or approved by the Administrator of the National Aeronautics and Space Administration for the protection or security of NASA property.
For purposes of paragraph (2), a property security regulation, with respect to any property, is a regulation—
relating to fire hazards, fire protection, lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property, or the ingress thereto or egress or removal of persons therefrom; or
otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy action, sabotage, or other subversive actions.
In this subsection:
The term “Department of Defense property” means covered property subject to the jurisdiction, administration, or in the custody of the Department of Defense, any Department or agency of which that Department consists, or any officer or employee of that Department or agency.
The term “NASA property” means covered property subject to the jurisdiction, administration, or in the custody of the National Aeronautics and Space Administration or any officer or employee thereof.
The term “covered property” means aircraft, airports, airport facilities, vessels, harbors, ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, vehicles, equipment, explosives, or other property or places.
The term “regulation” includes an order.
Any regulation or order covered by subsection (a) shall be posted in conspicuous and appropriate places.
[Repealed]
SUBCHAPTER II— EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS
[Repealed]
SUBCHAPTER III— PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY
Subject to the provisions of this subchapter, the Secretary of Defense (hereafter in this subchapter referred to as the “Secretary”) shall prescribe such regulations relating to continuing security procedures as he considers necessary to assure—
unless such employment, detail, assignment, or access to classified information is clearly consistent with the national security.
that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this subchapter referred to as the “Agency”), or continue to be so employed, detailed, or assigned; and
that no person so employed, detailed, or assigned shall have access to any classified information;
No person shall be employed in, or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connection with such employment, detail, or assignment, and is cleared for access to classified information in accordance with the provisions of this subchapter; excepting that conditional employment without access to sensitive cryptologic information or material may be tendered any applicant, under such regulations as the Secretary may prescribe, pending the completion of such full field investigation: And provided further , That such full field investigation at the discretion of the Secretary need not be required in the case of persons assigned or detailed to the Agency who have a current security clearance for access to sensitive cryptologic information under equivalent standards of investigation and clearance. During any period of war declared by the Congress, or during any period when the Secretary determines that a national disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the national interest, he may authorize the employment of any person in, or the detail or assignment of any person to, the Agency, and may grant to any such person access to classified information, on a temporary basis, pending the completion of the full field investigation and the clearance for access to classified information required by this subsection, if the Secretary determines that such action is clearly consistent with the national security.
To assist the Secretary and the Director of the Agency in carrying out their personnel security responsibilities, one or more boards of appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loyalty and suitability of persons for access to classified information, in those cases in which the Director of the Agency determines that there is a doubt whether their access to that information would be clearly consistent with the national security, and shall submit a report and recommendation on each such a case. However, appraisal by such a board is not required before action may be taken under sections 7512 and 7532 of title 5, or any other similar provision of law. Each member of such a board shall be specially qualified and trained for his duties as such a member, shall have been the subject of a full field investigation in connection with his appointment as such a member, and shall have been cleared by the Director for access to classified information at the time of his appointment as such a member. No person shall be cleared for access to classified information, contrary to the recommendations of any such board, unless the Secretary (or his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national interest.
[Repealed]
Repeal effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of Title 10, Armed Forces.
For the purposes of this section, the term “classified information” means information which, for reasons of national security, is specifically designated by a United States Government agency for limited or restricted dissemination or distribution.
Subchapter II of chapter 5, and chapter 7, of title 5, shall not apply to the use or exercise of any authority granted by this subchapter.
SUBCHAPTER IV— COMMUNIST CONTROL
The Congress finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges accorded to political parties, but denying to all others the liberties guaranteed by the Constitution. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in determining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power renders its existence a clear present and continuing danger to the security of the United States. It is the means whereby individuals are seduced into the service of the world Communist movement, trained to do its bidding, and directed and controlled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should be outlawed.
For short title of this subchapter as the “Communist Control Act of 1954”, see section 1 of act Aug. 24, 1954, set out as a note under section 781 of this title.
Act Aug. 24, 1954, ch. 886, § 12, 68 Stat. 780, provided:
“If any provision of this title [see Short Title note above] or the application thereof to any person or circumstances is held invalid, the remainder of the title and the application of such provisions to other persons or circumstances, shall not be affected thereby.”
The use of the word “Act”, in place of the word “title” as used in section 12 of act of Aug. 24, 1954, quoted above, was probably intended, since that act is not divided into titles.
The Communist Party of the United States, or any successors of such party regardless of the assumed name, whose object or purpose is to overthrow the Government of the United States, or the government of any State, Territory, District, or possession thereof, or the government of any political subdivision therein by force and violence, are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof; and whatever rights, privileges, and immunities which have heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are terminated: Provided, however , That nothing in this section shall be construed as amending the Internal Security Act of 1950, as amended [ 50 U.S.C. 781 et seq.]
Whoever knowingly and willfully becomes or remains a member of (1) the Communist Party, or (2) any other organization having for one of its purposes or objectives the establishment, control, conduct, seizure, or overthrow of the Government of the United States, or the government of any State or political subdivision thereof, by the use of force or violence, with knowledge of the purpose or objective of such organization shall be subject to all the provisions and penalties of the Internal Security Act of 1950, as amended [50 U.S.C. 781 et seq.], as a member of a “Communist-action” organization.
For the purposes of this section, the term “Communist Party” means the organization now known as the Communist Party of the United States of America, the Communist Party of any State or subdivision thereof, and any unit or subdivision of any such organization, whether or not any change is hereafter made in the name thereof.
In determining membership or participation in the Communist Party or any other organization defined in this Act, or knowledge of the purpose or objective of such party or organization, the jury, under instructions from the court, shall consider evidence, if presented, as to whether the accused person:
Has been listed to his knowledge as a member in any book or any of the lists, records, correspondence, or any other document of the organization;
Has made financial contribution to the organization in dues, assessments, loans, or in any other form;
Has made himself subject to the discipline of the organization in any form whatsoever;
Has executed orders, plans, or directives of any kind of the organization;
Has acted as an agent, courier, messenger, correspondent, organizer, or in any other capacity in behalf of the organization;
Has conferred with officers or other members of the organization in behalf of any plan or enterprise of the organization;
Has been accepted to his knowledge as an officer or member of the organization or as one to be called upon for services by other officers or members of the organization;
Has written, spoken or in any other way communicated by signal, semaphore, sign, or in any other form of communication orders, directives, or plans of the organization;
Has prepared documents, pamphlets, leaflets, books, or any other type of publication in behalf of the objectives and purposes of the organization;
Has mailed, shipped, circulated, distributed, delivered, or in any other way sent or delivered to others material or propaganda of any kind in behalf of the organization;
Has advised, counseled or in any other way imparted information, suggestions, recommendations to officers or members of the organization or to anyone else in behalf of the objectives of the organization;
Has indicated by word, action, conduct, writing or in any other way a willingness to carry out in any manner and to any degree the plans, designs, objectives, or purposes of the organization;
Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization;
The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other organization as above defined, shall not limit the inquiry into and consideration of any other subject of evidence on membership and participation as herein stated.
SUBCHAPTER V— REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS
Except as provided in section 852 of this title , every person who has knowledge of, or has received instruction or assignment in, the espionage, counter-espionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in duplicate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes.
Act Aug. 1, 1956, ch. 849, § 9, 70 Stat. 900, provided:
“If any provision of this Act [enacting this subchapter] or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, is not affected thereby.”
The registration requirements of section 851 of this title do not apply to any person—
who has obtained knowledge of or received instruction or assignment in the espionage, counter-espionage, or sabotage service or tactics of a foreign government or foreign political party by reason of civilian, military, or police service or employment with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, or the Canal Zone;
who has obtained such knowledge solely by reason of academic or personal interest not under the supervision of or in preparation for service with the government of a foreign country or a foreign political party;
who has made full disclosure of such knowledge, instruction, or assignment to officials within an agency of the United States Government having responsibilities in the field of intelligence, which disclosure has been made a matter of record in the files of such agency, and concerning whom a written determination has been made by the Attorney General or the Director of Central Intelligence that registration would not be in the interest of national security;
whose knowledge of, or receipt of instruction or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, is a matter of record in the files of an agency of the United States Government having responsibilities in the field of intelligence and concerning whom a written determination is made by the Attorney General or the Director of Central Intelligence, based on all information available, that registration would not be in the interest of national security;
who is a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State, while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer, and any member of his immediate family who resides with him;
who is an official of a foreign government recognized by the United States, whose name and status and the character of whose duties as such official are of record in the Department of State, and while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official, and any member of his immediate family who resides with him;
who is a member of the staff of or employed by a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, and whose name and status and the character of whose duties as such member or employee are a matter of record in the Department of State, while he is engaged exclusively in the performance of activities recognized by the Department of State as being within the scope of the functions of such member or employee;
Who 1 is an officially acknowledged and sponsored representative of a foreign government and is in the United States on an official mission for the purpose of conferring or otherwise cooperating with United States intelligence or security personnel;
who is a civilian or one of the military personnel of a foreign armed service coming to the United States pursuant to arrangements made under a mutual defense treaty or agreement, or who has been invited to the United States at the request of an agency of the United States Government; or
who is a person designated by a foreign government to serve as its representative in or to an international organization in which the United States participates or is an officer or employee of such an organization or who is a member of the immediate family of, and resides with, such a representative, officer, or employee.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
The Attorney General shall retain in permanent form one copy of all registration statements filed under this subchapter. They shall be public records and open to public examination at such reasonable hours and under such regulations as the Attorney General prescribes, except that the Attorney General, having due regard for the national security and public interest, may withdraw any registration statement from public examination.
The Attorney General may at any time, make, prescribe, amend, and rescind such rules, regulations and forms as he deems necessary to carry out the provisions of this subchapter.
Whoever willfully violates any provision of this subchapter or any regulation thereunder, or in any registration statement willfully make 1 a false statement of a material fact or willfully omits any material fact, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.
Any alien convicted of a violation of this subchapter or any regulation thereunder is subject to deportation in the manner provided by chapter 4 of title II of the Immigration and Nationality Act [8 U.S.C. 1221 et seq.].
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
Failure to file a registration statement as required by this subchapter is a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary.
Compliance with the registration provisions of this subchapter does not relieve any person from compliance with any other applicable registration statute.
This subchapter applies to and within the Canal Zone.
Section effective Jan. 2, 1963, see section 25 of Pub. L. 87–845, set out as an Effective Date of 1962 Amendment note under section 414 of Title 28, Judiciary and Judicial Procedure.
CHAPTER 24— NATIONAL DEFENSE FACILITIES
[Repealed]
CHAPTER 25— ARMED FORCES RESERVE
[Repealed]
[Repealed]
[Repealed]
Section was also repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
CHAPTER 26— GIFTS FOR DEFENSE PURPOSES
[Repealed]
Pub. L. 101–403, title II, § 202(c), Oct. 1, 1990, 104 Stat. 874, provided that:
“Any money in the special account provided for in section 3 of the Act [former 50 U.S.C. 1153 ] referred to in subsection (b) [repealing this chapter] on the date of the enactment of this Act [ Oct. 1, 1990 ] shall be credited to the Defense Cooperation Account provided for in section 2608(b) of title 10 , United States Code, as added by subsection (a).”
CHAPTER 27— RESERVE OFFICER PERSONNEL PROGRAM
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
CHAPTER 28— STATUS OF ARMED FORCES PERSONNEL APPOINTED TO SERVICE ACADEMIES
[Repealed]
CHAPTER 29— NATIONAL DEFENSE CONTRACTS
The President may authorize any department or agency of the Government which exercises functions in connection with the national defense, acting in accordance with regulations prescribed by the President for the protection of the Government, to enter into contracts or into amendments or modifications of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. The authority conferred by this section shall not be utilized to obligate the United States in an amount in excess of $500,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or an assistant head or his deputy, of such department or agency, or by a Contract Adjustment Board established therein. The authority conferred by this section may not be utilized to obligate the United States in an amount in excess of $150,000,000 unless the Committees on Armed Services of the Senate and the House of Representatives and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft, have been notified in writing of such proposed obligation and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees. For purposes of this section, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die at the end of a Congress, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain, or because of an adjournment sine die other than at the end of a Congress, are excluded in the computation of such 60-day period.
Only amounts specifically provided by an appropriations Act for the purposes detailed in subsections (c) and (d) of this section may be used by the Secretary of Defense to carry out such subsections. If any such amounts are so specifically provided, the Secretary may use them for such purposes.
The Secretary of Defense, acting pursuant to a Presidential authorization under subsection (a) and in accordance with subsection (b)—
may, notwithstanding subsection (e) of section 1432 of this title, make an amendment or modification to an eligible contract when, due solely to economic inflation, the cost to a prime contractor of performing such eligible contract is greater than the price of such eligible contract; and
may not request consideration from such prime contractor for such amendment or modification.
A prime contractor may submit to the Secretary of Defense a request for an amendment or modification to an eligible contract pursuant to subsection (a) when, due solely to economic inflation, the cost to a covered subcontractor of performing an eligible subcontract is greater than the price of such eligible subcontract. Such request shall include a certification that the prime contractor—
will remit to such covered subcontractor the difference, if any, between the original price of such eligible contract and the price of such eligible contract if the Secretary of Defense makes an amendment or modification pursuant to subsection (a); and
will not require such covered subcontractor to pay additional consideration or fees related to such amendment or modification.
If a prime contractor does not make the request described in paragraph (2), a covered subcontractor may submit to a contracting officer of the Department of Defense a request for an amendment or modification to an eligible subcontract when, due solely to economic inflation, the cost to such covered subcontractor of performing such eligible subcontract is greater than the price of such eligible subcontract.
Any adjustment or modification made pursuant to subsection (c) to an eligible contract or an eligible subcontract shall—
be contingent upon the continued performance, as applicable, of such eligible contract or such eligible subcontract; and
account only for the actual cost of performing such eligible contract or such eligible subcontract, but may account for indirect costs of performance, as the Secretary of Defense determines appropriate.
The authority under subsections (c) and (d) shall be effective during the period beginning on December 23, 2022, and ending on December 31, 2025.
In this section:
The term “covered subcontractor” means a subcontractor who has entered into an eligible subcontract with a prime contractor.
The term “eligible contract” means a contract awarded to a prime contractor by the Secretary of Defense pursuant to subsection (a).
The term “eligible subcontract” means a subcontract made under an eligible contract to a covered subcontractor.
Pub. L. 102–25, title VII, § 705(f)(1), Apr. 6, 1991, 105 Stat. 120, provided that the amendment made by that section is effective as of Nov. 6, 1990.
The provisions of the National Emergencies Act [see Short Title note set out under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.
Pub. L. 119–60, div. A, title VIII, § 876, Dec. 18, 2025, 139 Stat. 1005, provided that:
“(a) Review .— The review of requests submitted by a contractor to a Department of Defense contracting officer pursuant to Public Law 85–804 ( 50 U.S.C. 1431 et seq.) for indemnification against nuclear and unusually hazardous risks, including those involving the procurement of commercial nuclear technology, shall include, to the extent practicable, input from the Defense Contract Management Agency, including reviews of insurance markets and coverage availability from the Contractor Insurance/Pension Review group. “(b) Deadline .— The review of each indemnification request submitted by a contractor described in subsection (a) shall be completed with a final decision on approval or denial, including an executed memorandum of decision, not later than 90 days after the date of the request. “(c) Delegation .— The Secretary of each military department shall delegate the authority to approve or deny indemnification requests submitted by contractors described in subsection (a) for contracts relating to advanced nuclear energy systems or components to such subordinate officials as the Secretary determines appropriate to ensure the timely and effective execution of reviewing such requests.”
Pub. L. 117–263, div. A, title VIII, § 822(b), Dec. 23, 2022, 136 Stat. 2711, provided that:
“Not later than 90 days after the date of the enactment of an Act providing appropriations to carry out section 1 of Public Law 85–804 ( 50 U.S.C. 1431 ) (as added by subsection (a)), the Under Secretary of Defense for Acquisition and Sustainment shall issue guidance implementing the authority under subsections (b) through (d) of section 1 of Public Law 85–804 ( 50 U.S.C. 1431 ) (as added by subsection (a)).”
Pub. L. 93–155, title VIII, § 807(e), Nov. 16, 1973, 87 Stat. 616, provided that:
“The amendments made by this section [amending this section, sections 3816 and 4532 of this title, and section 2307 of Title 10 , Armed Forces] shall not affect the carrying out of any contract, loan, guarantee, commitment, or other obligation entered into prior to the date of enactment of this section [ Nov. 16, 1973 ].”
Under such regulations, which shall be uniform to the extent practicable, as may be prescribed or approved by the Secretary of Defense:
1. The Department of Defense is authorized, within the limits of the amounts appropriated and the contract authorization provided therefor, to enter into contracts and into amendments or modifications of contracts heretofore or hereafter made, and to make advance payments thereon, without regard to the provisions of law relating to the making, performance, amendment, or modification of contracts, whenever, in the judgment of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the duly authorized representative of any such Secretary, the national defense will be facilitated thereby.
1A. (a) The limitation in paragraph 1 to amounts appropriated and the contract authorization provided therefor shall not apply to contractual provisions which provide that the United States will hold harmless and indemnify the contractor against any of the claims or losses set forth in subparagraph (b), whether resulting from the negligence or wrongful act or omission of the contractor or otherwise (except as provided in subparagraph (b)(2)). This exception from the limitations of paragraph 1 shall apply only to claims or losses arising out of or resulting from risks that the contract defines as unusually hazardous or nuclear in nature. Such a contractual provision shall be approved in advance by an official at a level not below that of the Secretary of a military department and may require each contractor so indemnified to provide and maintain financial protection of such type and in such amounts as is determined by the approving official to be appropriate under the circumstances. In deciding whether to approve the use of an indemnification provision and in determining the amount of financial protection to be provided and maintained by the indemnified contractor, the appropriate official shall take into account such factors as the availability, cost and terms of private insurance, self-insurance, other proof of financial responsibility and workmen’s compensation insurance. Such approval and determination, as required by the preceding two sentences, shall be final.
(b)(1) Subparagraph (a) shall apply to claims (including reasonable expenses of litigation and settlement) or losses, not compensated by insurance or otherwise, of the following types:
(A) Claims by third persons, including employees of the contractor, for death, personal injury, or loss of, damage to, or loss of use of property;
(B) Loss of, damage to, or loss of use of property of the contractor;
(C) Loss of, damage to, or loss of use of property of the Government;
(D) Claims arising (i) from indemnification agreements between the contractor and a subcontractor or subcontractors, or (ii) from such arrangements and further indemnification arrangements between subcontractors at any tier; provided that all such arrangements were entered into pursuant to regulations prescribed or approved by the Secretaries of Defense, the Army, the Navy, or the Air Force.
(2) Indemnification and hold harmless agreements entered into pursuant to this subsection, whether between the United States and a contractor, or between a contractor and a subcontractor, or between two subcontractors, shall not cover claims or losses caused by the willful misconduct or lack of good faith on the part of any of the contractor’s or subcontractor’s directors or officers or principal officials which are (i) claims by the United States (other than those arising through subrogation) against the contractor or subcontractor, or (ii) losses affecting the property of such contractor or subcontractor. Regulations to be prescribed or approved by the Secretaries of Defense, the Army, the Navy or the Air Force shall define the scope of the term principal officials.
(3) The United States may discharge its obligation under a provision authorized by subparagraph (a) by making payments directly to subcontractors or to third persons to whom a contractor or subcontractor may be liable.
(c) A contractual provision made under subparagraph (a) that provides for indemnification must also provide for—
(1) notice to the United States of any claim or action against, or of any loss by, the contractor or subcontractor which is covered by such contractual provision; and
(2) control or assistance by the United States, at its election, in the settlement or defense of any such claim or action.
2. The Secretaries of Defense, the Army, the Navy, and the Air Force, respectively, may exercise the authority herein conferred and, in their discretion and by their direction, may delegate such authority to any other military or civilian officers or officials of their respective departments, and may confer upon any such military or civilian officers or officials the power to make further delegations of such authority within their respective commands or organizations: Provided, That the authority herein conferred shall not be utilized to obligate the United States in an amount in excess of $50,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or by a departmental Contract Adjustment Board.
3. The contracts hereby authorized to be made shall include agreements of all kinds (whether in the form of letters of intent, purchase orders, or otherwise) for all types and kinds of property or services necessary, appropriate, or convenient for the national defense, or for the invention, development, or production of, or research concerning, any such property or services, including, but not limited to, aircraft, missiles, buildings, vessels, arms, armament, equipment or supplies of any kind, or any portion thereof, including plans, spare parts and equipment therefor, materials, supplies, facilities, utilities, machinery, machine tools, and any other equipment without any restriction of any kind as to type, character, location, or form.
4. The Department of Defense may by agreement modify or amend or settle claims under contracts heretofore or hereafter made, may make advance payments upon such contracts of any portion of the contract price, and may enter into agreements with contractors or obligors modifying or releasing accrued obligations of any sort, including accrued liquidated damages or liability under surety or other bonds. Amendments or modifications of contracts may be with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished hereunder, irrespective of the time or circumstances of the making, or the form, of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof.
5. Proper records of all actions taken under the authority of the act shall be maintained within the Department of Defense. The Secretaries of Defense, the Army, the Navy, and the Air Force shall make such records available for public inspection except to the extent that they, or their duly authorized representatives, may respectively deem the disclosure of information therein to be detrimental to the national security.
6. The Department of Defense shall, by March 15 of each year, report to the Congress all actions taken within that department under the authority of the act during the preceding calendar year. With respect to actions which involve actual or potential cost to the United States in excess of $50,000, the report shall (except as the disclosure of such information may be deemed to be detrimental to the national security)—
(a) name the contractor;
(b) state the actual cost or estimated potential cost involved;
(c) describe the property or services involved; and
(d) state further the circumstances justifying the action taken.
7. There shall be no discrimination in any act performed hereunder against any person on the ground of race, religion, color, or national origin, and all contracts entered into, amended, or modified hereunder shall contain such nondiscrimination provision as otherwise may be required by statute or Executive order.
8. No claim against the United States arising under any purchase or contract made under the authority of the act and this order shall be assigned except in accordance with the Assignment of Claims Act of 1940 (54 Stat. 1029), as amended [section 3727 of Title 31, Money and Finance, and section 6305 of Title 41, Public Contracts].
9. Advance payments shall be made hereunder only upon obtaining adequate security.
10. Every contract entered into, amended, or modified pursuant to this order shall contain a warranty by the contractor in substantially the following terms:
“The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bonafide employees or bonafide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.”
11. Except as provided in the Act of September 27, 1966, 80 Stat. 850 [which amended section 1433 of this title, former sections 2310 (now 10 U.S.C. 4751) and 2313 (see 10 U.S.C. 3841) of Title 10, Armed Forces, and section 254 of former Title 41, Public Contracts] contracts entered into, amended, or modified pursuant to authority of this order shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of, and involving transactions related to, such contracts or subcontracts. Before exercising the authority provided in the Act of September 27, 1966, 80 Stat. 850 the Secretaries of Defense, the Army, the Navy, or the Air Force, or their designees, shall first determine that all reasonable efforts have been made to include the clause prescribed above and that alternate sources of supply are not reasonably available.
12. Nothing herein contained shall be construed to constitute authorization hereunder for—
(a) the use of the cost-plus-a-percentage-of-cost system of contracting;
(b) any contract in violation of existing law relating to limitation of profits or fees;
(c) the negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding;
(d) the waiver of any bid, payment, performance, or other bond required by law;
(e) the amendment of a contract negotiated under [former] section 2304(a)(15) of Title 10 of the United States Code to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder; or
(f) the formalization of an informal commitment, unless the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the duly authorized representative of any such Secretary, finds that at the time the commitment was made it was impracticable to use normal procurement procedures.
13. The provisions of the Walsh-Healey Act (49 Stat. 2036), as amended [now chapter 65 of Title 41, Public Contracts], the Davis-Bacon Act (49 Stat. 1011), as amended [now sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works], the Copeland Act (48 Stat. 948), as amended, and the Eight-Hour Law (37 Stat. 137), as amended [sections 321 to 323 of former Title 40, Public Buildings, Property, and Works], if otherwise applicable, shall apply to contracts made and performed under the authority of this order.
14. Nothing herein contained shall prejudice anything heretofore done under Executive Order No. 9001 of December 27, 1941, or Executive Order No. 10210 of February 2, 1951, or any amendments or extensions thereof, or the continuance in force of an action heretofore taken under those orders or any amendments or extensions thereof.
15. Nothing herein contained shall prejudice any other authority which the Department of Defense may have to enter into, amend, or modify contracts, and to make advance payments.
21. Subject to the limitations and regulations contained in paragraphs 1 to 14, inclusive, hereof, and under any regulations prescribed by him in pursuance of the provisions of paragraph 22 hereof, the head of each of the following-named agencies is authorized to perform or exercise as to his agency, independently of any Secretary referred to in the said paragraphs 1 to 14, all the functions and authority vested by those paragraphs in the Secretaries mentioned therein:
Department of the Treasury.
Department of the Interior.
Department of Agriculture.
Department of Commerce.
Department of Health and Human Services[.]
Department of Transportation.
Atomic Energy Commission.
General Services Administration.
National Aeronautics and Space Administration.
Tennessee Valley Authority.
Government Printing Office [now Government Publishing Office].
Department of Homeland Security.
22. The head of each agency named in paragraph 21 hereof is authorized to prescribe regulations governing the carrying out of the functions and authority vested with respect to his agency by the provisions of paragraph 21 hereof. Such regulations shall, to the extent practicable, be uniform with the regulations prescribed or approved by the Secretary of Defense under the provisions of Part I of this order.
23. Nothing contained herein shall prejudice any other authority which any agency named in paragraph 21 hereof may have to enter into, amend, or modify contracts and to make advance payments.
24. Nothing contained in this Part shall constitute authorization thereunder for the amendment of a contract negotiated under [former] section 322(c)(14) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 394), as amended by section 2(b) of the act of August 28, 1958, 72 Stat. 966, to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder.
25. After March 1, 2003, no executive department or agency shall exercise authority granted under paragraph 1A of this order with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified anti-terrorism technology as defined in section 865 of the Homeland Security Act of 2002 [6 U.S.C. 444], unless—
(a) in the case of the Department of Defense, the Secretary of Defense has, after consideration of the authority provided under subtitle G of title VIII of the Homeland Security Act of 2002 [6 U.S.C. 441 et seq.], determined that the exercise of authority under this order is necessary for the timely and effective conduct of United States military or intelligence activities; and
(b) in the case of any other executive department or agency that has authority under this order, (i) the Secretary of Homeland Security has advised whether the use of the authority provided under subtitle G of title VIII of the Homeland Security Act of 2002 would be appropriate, and (ii) the Director of the Office and [sic] Management and Budget has approved the exercise of authority under this order.
Memorandum of President of the United States, Apr. 10, 2020, 85 F.R. 21735, provided:
Memorandum for the Secretary of Veterans Affairs
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section 1. On March 13, 2020, I declared a national emergency recognizing the threat that the ongoing outbreak of COVID–19, the disease caused by the novel (new) coronavirus known as SARS–CoV–2 (“the virus”), poses to the Nation’s healthcare systems. I also determined on the same day that the COVID–19 outbreak constitutes an emergency, of nationwide scope, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)). On March 18, 2020, I declared that health and medical resources needed to respond to the spread of COVID–19 meet the criteria specified in section 101(b) of the Defense Production Act of 1950 (50 U.S.C. 4511(b)), including that they are essential to the national defense.
Sec. 2. The Secretary of Veterans Affairs is authorized to exercise authority under Public Law 85–804, as amended (50 U.S.C. 1431 et seq.), to the same extent and subject to the same conditions and limitations as the head of an executive department or agency listed in section 21 of Executive Order 10789 of November 14, 1958 (Authorizing Agencies of the Government to Exercise Certain Contracting Authority in Connection with National-Defense Functions and Prescribing Regulations Governing the Exercise of Such Authority) [50 U.S.C. 1431 note], as amended, with respect to contracts performed in support of efforts by the Department of Veterans Affairs to combat the virus. This authority may only be exercised with regard to transactions directly responsive to the COVID–19 national emergency.
Sec. 3. The Department of Veterans Affairs is exercising functions in connection with the national defense in the course of contributing to the Nation’s response to the ongoing outbreak of COVID–19. I deem that the authorization provided in this memorandum and actions taken pursuant to that authorization would facilitate the national defense.
Sec. 4. This memorandum shall terminate on September 30, 2020.
Sec. 5. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Sec. 6. You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
Nothing in this chapter shall be construed to constitute authorization hereunder for—
the use of the cost-plus-a-percentage-of-cost system of contracting;
any contract in violation of existing law relating to limitation of profits;
the negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding;
the waiver of any bid, payment, performance, or other bond required by law;
the amendment of a contract negotiated under section 2304(a)(15) 1 of title 10 or under section 252(c)(13) 1 of title 41, to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder; or
the formalization of an informal commitment, unless it is found that at the time the commitment was made it was impracticable to use normal procurement procedures.
The provisions of the National Emergencies Act [see Short Title note set out under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.
All actions under the authority of this chapter shall be made a matter of public record under regulations prescribed by the President and when deemed by him not to be detrimental to the national security.
All contracts entered into, amended, or modified pursuant to authority contained in this chapter shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts. Under regulations to be prescribed by the President, however, such clause may be omitted from contracts with foreign contractors or foreign subcontractors if the agency head determines, with the concurrence of the Comptroller General of the United States or his designee, that the omission will serve the best interests of the United States. However, the concurrence of the Comptroller General of the United States or his designee is not required for the omission of such clause—
If the clause is omitted based on a determination under clause (2), a written report shall be furnished to the Congress.
where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its books, documents, papers, or records available for examination; and
where the agency head determines, after taking into account the price and availability of the property or services from United States sources, that the public interest would be best served by the omission of the clause.
The provisions of the National Emergencies Act [see Short Title note set out under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.
Functions with respect to purchases authorized to be made outside the limits of the United States or the District of Columbia under the Foreign Assistance Act of 1961, as amended [see Short Title note set out under section 2151 of Title 22, Foreign Relations and Intercourse], as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out under section 2393 of Title 22.
Secretaries of Defense, Army, Navy, or Air Force, or their designees, to determine, prior to exercising the authority provided in the amendment by Pub. L. 89–607 to exempt certain contracts with foreign contractors from the requirement of an examination-of-records clause, that all reasonable efforts have been made to include such examination-of-records clause, as required by par. 11 of Part I of Ex. Ord. No. 10789, and that alternate sources of supply are not reasonably available, see par. 11 of Part I of Ex. Ord. No. 10789, eff. Nov. 14, 1958, 23 F.R. 8897, as amended, set out under section 1431 of this title.
[Repealed]
This chapter shall be effective only during a national emergency declared by Congress or the President and for six months after the termination thereof or until such earlier time as Congress, by concurrent resolution, may designate.
The provisions of the National Emergencies Act [see Short Title note under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.
[Repealed]
CHAPTER 30— FEDERAL ABSENTEE VOTING ASSISTANCE
CHAPTER 31— ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS
CHAPTER 32— CHEMICAL AND BIOLOGICAL WARFARE PROGRAM
[Repealed]
None of the funds authorized to be appropriated by this Act or any other Act may be used for the transportation of any lethal chemical or any biological warfare agent to or from any military installation in the United States, or the open air testing of any such agent within the United States, or the disposal of any such agent within the United States until the following procedures have been implemented:
the Secretary has brought the particulars of the proposed transportation, testing, or disposal to the attention of the Secretary of Health and Human Services, who in turn may direct the Surgeon General of the Public Health Service and other qualified persons to review such particulars with respect to any hazards to public health and safety which such transportation, testing, or disposal may pose and to recommend what precautionary measures are necessary to protect the public health and safety;
the Secretary has implemented any precautionary measures recommended in accordance with paragraph (2) above (including, where practicable, the detoxification of any such agent, if such agent is to be transported to or from a military installation for disposal): Provided, however, That in the event the Secretary finds the recommendation submitted by the Surgeon General would have the effect of preventing the proposed transportation, testing, or disposal, the President may determine that overriding considerations of national security require such transportation, testing, or disposal be conducted. Any transportation, testing, or disposal conducted pursuant to such a Presidential determination shall be carried out in the safest practicable manner, and the President shall report his determination and an explanation thereof to the President of the Senate and the Speaker of the House of Representatives as far in advance as practicable; and
the Secretary has provided notification that the transportation, testing, or disposal will take place, except where a Presidential determination has been made: (A) to the President of the Senate and the Speaker of the House of Representatives at least 10 days before any such transportation will be commenced and at least 30 days before any such testing or disposal will be commenced; (B) to the Governor of any State through which such agents will be transported, such notification to be provided appropriately in advance of any such transportation.
“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (2), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.
Pub. L. 109–163, div. A, title XII, § 1232, Jan. 6, 2006, 119 Stat. 3468, provided that:
“(a) Restatement of Policy .— It is the policy of the United States that riot control agents are not chemical weapons and that the President may authorize their use as legitimate, legal, and non-lethal alternatives to the use of force that, as provided in Executive Order No. 11850 (40 Fed. Reg. 16187) [set out below] and consistent with the resolution of ratification of the Chemical Weapons Convention, may be employed by members of the Armed Forces in war in defensive military modes to save lives, including the illustrative purposes cited in Executive Order No. 11850. “(b) Report Required.— “(1) In general .— Not later than 180 days after the date of the enactment of this Act [ Jan. 6, 2006 ], the President shall submit to Congress a report on the use of riot control agents by members of the Armed Forces. “(2) Content .— The report required by paragraph (1) shall include— “(A) a description of all regulations, doctrines, training materials, and any other information related to the use of riot control agents by members of the Armed Forces; “(B) a description of how the material described in subparagraph (A) is consistent with United States policy on the use of riot control agents; “(C) a description of the availability of riot control agents, and the means to use them, to members of the Armed Forces, including members of the Armed Forces deployed in Iraq and Afghanistan; “(D) a description of the frequency and circumstances of the use of riot control agents by members of the Armed Forces since January 1, 1992 , and a summary of views held by commanders of United States combatant commands as to the utility of the use of riot control agents by members of the Armed Forces when compared with alternatives; “(E) a general description of steps taken or planned to be taken by the Department of Defense to clarify the circumstances under which riot control agents may be used by members of the Armed Forces; and “(F) a brief explanation of the continuing validity of Executive Order No. 11850 [set out below] under United States law. “(3) Form .— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. “(c) Definitions .— In this section: “(1) Chemical weapons convention .— The term ‘Chemical Weapons Convention’ means the Convention on the Prohibitions of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993 , and entered into force April 29, 1997 (T. Doc. 103–21). “(2) Resolution of ratification of the chemical weapons convention .— The term ‘resolution of ratification of the Chemical Weapons Convention’ means S. Res. 75, 105th Congress, agreed to April 24, 1997 , advising and consenting to the ratification of the Chemical Weapons Convention.”
Pub. L. 91–672, § 13, Jan. 12, 1971, 84 Stat. 2055, directed that no authorized funds could be used to transport chemical munitions from Okinawa to the United States, but could be used for detoxification or destruction of these munitions only outside the United States.
For definition of “United States” as used in this section, see section 1514 of this title.
The Secretary of Defense may not transport any chemical munition that constitutes part of the chemical weapons stockpile out of the State in which that munition is located on October 5, 1994 , and, in the case of any such chemical munition not located in a State on October 5, 1994 , may not transport any such munition into a State.
In the case of any chemical munitions that are discovered or otherwise come within the control of the Department of Defense and that do not constitute part of the chemical weapons stockpile, the Secretary of Defense may transport such munitions to the nearest chemical munitions stockpile storage facility that has necessary permits for receiving and storing such items if the transportation of such munitions to that facility—
is considered by the Secretary of Defense to be necessary; and
can be accomplished while protecting public health and safety.
None of the funds authorized to be appropriated by this Act or any other Act may be used for the future deployment, storage, or disposal, at any place outside the United States of—
unless prior notice of such deployment, storage, or disposal has been given to the country exercising jurisdiction over such place. In the case of any place outside the United States which is under the jurisdiction or control of the United States Government, no such action may be taken unless the Secretary gives prior notice of such action to the President of the Senate and the Speaker of the House of Representatives. As used in this paragraph, the term “United States” means the several States and the District of Columbia.
any lethal chemical or any biological warfare agent, or
any delivery system specifically designed to disseminate any such agent,
None of the funds authorized by this Act or any other Act shall be used for the future testing, development, transportation, storage, or disposal of any lethal chemical or any biological warfare agent outside the United States, or for the disposal of any munitions in international waters, if the Secretary of State, after appropriate notice by the Secretary whenever any such action is contemplated, determines that such testing, development, transportation, storage, or disposal will violate international law. The Secretary of State shall report all determinations made by him under this paragraph to the President of the Senate and the Speaker of the House of Representatives, and to all appropriate international organizations, or organs thereof, in the event such report is required by treaty or other international agreement.
Pub. L. 100–180, div. A, title I, § 126, Dec. 4, 1987, 101 Stat. 1044, provided that:
“Chemical munitions of the United States stored in Europe on the date of the enactment of this Act [ Dec. 4, 1987 ] should not be removed from Europe unless such munitions are replaced contemporaneously with binary chemical munitions stationed on the soil of at least one European member nation of the North Atlantic Treaty Organization.”
After November 19, 1969 , the operation of this section 1 1 See References in Text note below. [ 50 U.S.C. 1512 , 1513–1515, 1517], or any portion thereof, may be suspended by the President during the period of any war declared by Congress and during the period of any national emergency declared by Congress or by the President.
None of the funds authorized to be appropriated by this Act shall be used for the procurement of delivery systems specifically designed to disseminate lethal chemical or any biological warfare agents, or for the procurement of delivery system parts or components specifically designed for such purpose, unless the President shall certify to the Congress that such procurement is essential to the safety and security of the United States.
Nothing contained in this section 1 1 See References in Text note below. [ 50 U.S.C. 1512 , 1513–1515, 1517] shall be deemed to restrict the transportation or disposal of research quantities of any lethal chemical or any biological warfare agent, or to delay or prevent, in emergency situations either within or outside the United States, the immediate disposal together with any necessary associated transportation, of any lethal chemical or any biological warfare agent when compliance with the procedures and requirements of this section 1 would clearly endanger the health or safety of any person.
For definition of “United States” as used in this section, see section 1514 of this title.
On and after October 7, 1970 , no chemical or biological warfare agent shall be disposed of within or outside the United States unless such agent has been detoxified or made harmless to man and his environment unless immediate disposal is clearly necessary, in an emergency, to safeguard human life. An immediate report should be made to Congress in the event of such disposal.
Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this or any other Act shall be used for the purpose of production of lethal binary chemical munitions unless the President certifies to Congress that the production of such munitions is essential to the national interest and submits a full report thereon to the President of the Senate and the Speaker of the House of Representatives as far in advance of the production of such munitions as is practicable.
For purposes of this section the term “lethal binary chemical munitions” means (1) any toxic chemical (solid, liquid, or gas) which, through its chemical properties, is intended to be used to produce injury or death to human beings, and (2) any unique device, instrument, apparatus, or contrivance, including any components or accessories thereof, intended to be used to disperse or otherwise disseminate any such toxic chemical.
Notwithstanding any other provision of law, no funds may be obligated or expended after September 24, 1983, for the production of binary chemical weapons unless the President certifies to the Congress that for each 155-millimeter binary artillery shell or aircraft-delivered binary aerial bomb produced a serviceable unitary artillery shell from the existing arsenal shall be rendered permanently useless for military purposes.
Funds appropriated pursuant to the authorization of appropriations for the Army in section 101 of this Act may be used for the establishment of a production base for binary chemical munitions and for the procurement of components for 155-millimeter binary chemical artillery projectiles, but such funds may not be used for the actual production of binary chemical munitions before October 1, 1985.
Notwithstanding the provisions of paragraph (1), before the production of binary chemical munitions may begin after September 30, 1985, the President must certify to Congress in writing that, in light of circumstances prevailing at the time the certification is made, the production of such munitions is essential to the national interest.
For purposes of this subsection, “production of binary chemical munitions” means the final assembly of weapon components and the filling or loading of components with binary chemicals.
[Repealed]
The Secretary of Defense may not conduct (directly or by contract)—
any test or experiment involving the use of a chemical agent or biological agent on a civilian population; or
any other testing of a chemical agent or biological agent on human subjects.
Subject to subsections (c), (d), and (e), the prohibition in subsection (a) does not apply to a test or experiment carried out for any of the following purposes:
Any peaceful purpose that is related to a medical, therapeutic, pharmaceutical, agricultural, industrial, or research activity.
Any purpose that is directly related to protection against toxic chemicals or biological weapons and agents.
Any law enforcement purpose, including any purpose related to riot control.
The Secretary of Defense may conduct a test or experiment described in subsection (b) only if informed consent to the testing was obtained from each human subject in advance of the testing on that subject.
Not later than 30 days after the date of final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense (whether directly or under contract) involving the use of human subjects for the testing of a chemical agent or a biological agent, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a full accounting of those plans, and the experiment or study may then be conducted only after the end of the 30-day period beginning on the date such report is received by those committees.
In this section, the term “biological agent” means any micro-organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing—
death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
deterioration of food, water, equipment, supplies, or materials of any kind; or
deleterious alteration of the environment.
The Secretary of Defense shall, in accordance with the provisions of this section, carry out the destruction of the United States’ stockpile of lethal chemical agents and munitions that exists on November 8, 1985 .
The destruction of such stockpile shall be completed by the stockpile elimination deadline.
If the Secretary of Defense determines at any time that there will be a delay in meeting the requirement in paragraph (1) for the completion of the destruction of chemical weapons by the stockpile elimination deadline, the Secretary shall immediately notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that projected delay.
For purposes of this section, the term “stockpile elimination deadline” means the deadline established by the Chemical Weapons Convention, but not later than December 31, 2023.
The Secretary of Defense may not initiate destruction of the chemical munitions stockpile stored at a site until the following support measures are in place:
Support measures that are required by Department of Defense and Army chemical surety and security program regulations.
Support measures that are required by the general and site chemical munitions demilitarization plans specific to that installation.
Support measures that are required by the permits required by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical munitions demilitarization operations at that installation, as approved by the appropriate State regulatory agencies.
In carrying out the requirement of subsection (a), the Secretary of Defense shall provide for—
maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions referred to in subsection (a), including but not limited to the use of technologies and procedures that will minimize risk to the public at each site; and
adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions.
Facilities constructed to carry out this section shall, when no longer needed for the purposes for which they were constructed, be disposed of in accordance with applicable laws and regulations and mutual agreements between the Secretary of the Army and the Governor of the State in which the facility is located.
Facilities constructed to carry out this section may not be used for a purpose other than the destruction of the stockpile of lethal chemical agents and munitions that exists on November 8, 1985.
The prohibition in subparagraph (A) shall not apply with respect to items designated by the Secretary of Defense as lethal chemical agents, munitions, or related materials after November 8, 1985, if the State in which a destruction facility is located issues the appropriate permit or permits for the destruction of such items at the facility.
In order to carry out subsection (d)(1)(A), the Secretary of Defense may make grants to State and local governments and to tribal organizations (either directly or through the Federal Emergency Management Agency) to assist those governments and tribal organizations in carrying out functions relating to emergency preparedness and response in connection with the disposal of the lethal chemical agents and munitions referred to in subsection (a). Funds available to the Department of Defense for the purpose of carrying out this section may be used for such grants.
Additionally, the Secretary may provide funds through cooperative agreements with State and local governments, and with tribal organizations, for the purpose of assisting them in processing, approving, and overseeing permits and licenses necessary for the construction and operation of facilities to carry out this section. The Secretary shall ensure that funds provided through such a cooperative agreement are used only for the purpose set forth in the preceding sentence.
In this paragraph, the term “tribal organization” has the meaning given that term in section 5304(l) of title 25.
In coordination with the Secretary of the Army and in accordance with agreements between the Secretary of the Army and the Administrator of the Federal Emergency Management Agency, the Administrator shall carry out a program to provide assistance to State and local governments in developing capabilities to respond to emergencies involving risks to the public health or safety within their jurisdictions that are identified by the Secretary as being risks resulting from—
the storage of lethal chemical agents and munitions referred to in subsection (a) at military installations in the continental United States; or
the destruction of such agents and munitions at facilities referred to in subsection (d)(1)(B).
Assistance may be provided under this paragraph for capabilities to respond to emergencies involving an installation or facility as described in subparagraph (A) until the earlier of the following:
The date of the completion of all grants and cooperative agreements with respect to the installation or facility for purposes of this paragraph between the Federal Emergency Management Agency and the State and local governments concerned.
The date that is 180 days after the date of the completion of the destruction of lethal chemical agents and munitions at the installation or facility.
Not later than December 15 of each year, the Administrator shall transmit a report to Congress on the activities carried out under this paragraph during the fiscal year preceding the fiscal year in which the report is submitted.
The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of the Army shall jointly prepare, and from time to time shall update as appropriate, a strategic plan for future activities for destruction of the United States’ stockpile of lethal chemical agents and munitions.
The plan shall include, at a minimum, the following considerations:
Realistic budgeting for stockpile destruction and related support programs.
Contingency planning for foreseeable or anticipated problems.
A management approach and associated actions that address compliance with the obligations of the United States under the Chemical Weapons Convention and that take full advantage of opportunities to accelerate destruction of the stockpile.
The Secretary of Defense shall each year submit to the Committee on the Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the strategic plan as most recently prepared and updated under paragraph (1). Such submission shall be made each year at the time of the submission to the Congress that year of the President’s budget for the next fiscal year.
In carrying out this section, the Secretary of Defense shall provide for a management organization within the Department of the Army. The Secretary of the Army shall be responsible for management of the destruction of agents and munitions at all sites except Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado 1
The program manager for the Assembled Chemical Weapons Alternative Program shall be responsible for management of the construction, operation, and closure, and any contracting relating thereto, of chemical demilitarization activities at Blue Grass Army Depot, Kentucky, and Pueblo Army Depot, Colorado, including management of the pilot-scale facility phase of the alternative technology selected for the destruction of lethal chemical munitions. In performing such management, the program manager shall act independently of the Army program manager for Chemical Demilitarization and shall report to the Under Secretary of Defense for Acquisition and Sustainment.
The Secretary of Defense shall designate a general officer or civilian equivalent as the director of the management organization established under paragraph (1). Such officer shall have—
experience in the acquisition, storage, and destruction of chemical agents and munitions; and
outstanding qualifications regarding safety in handling chemical agents and munitions.
Funds for carrying out this section, including funds for military construction projects necessary to carry out this section, shall be set forth in the budget of the Department of Defense for any fiscal year as a separate account. Such funds shall not be included in the budget accounts for any military department.
Amounts appropriated to the Secretary of Defense for the purpose of carrying out subsection (e) shall be promptly made available to the Administrator of the Federal Emergency Management Agency.
Except as provided by paragraph (3), the Secretary of Defense shall transmit, by December 15 each year, a report to Congress on the activities carried out under this section during the fiscal year ending on September 30 of the calendar year in which the report is to be made.
Each annual report shall include the following:
A site-by-site description of the construction, equipment, operation, and dismantling of facilities (during the fiscal year for which the report is made) used to carry out the destruction of agents and munitions under this section, including any accidents or other unplanned occurrences associated with such construction and operation.
A site-by-site description of actions taken to assist State and local governments (either directly or through the Federal Emergency Management Agency) in carrying out functions relating to emergency preparedness and response in accordance with subsection (e).
An accounting of all funds expended (during such fiscal year) for activities carried out under this section, with a separate accounting for amounts expended for—
the construction of and equipment for facilities used for the destruction of agents and munitions;
the operation of such facilities;
the dismantling or other closure of such facilities;
research and development;
program management;
travel and associated travel costs for Citizens’ Advisory Commissioners under subsection (m)(7); and
grants to State and local governments to assist those governments in carrying out functions relating to emergency preparedness and response in accordance with subsection (e).
An assessment of the safety status and the integrity of the stockpile of lethal chemical agents and munitions subject to this section, including—
an estimate on how much longer that stockpile can continue to be stored safely;
a site-by-site assessment of the safety of those agents and munitions; and
a description of the steps taken (to the date of the report) to monitor the safety status of the stockpile and to mitigate any further deterioration of that status.
A description of any supplemental chemical agent and munitions destruction technologies used at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, during the period covered by the report, including explosive destruction technologies and any technologies developed for the treatment and disposal of energetic or agent hydrolystates.
The Secretary shall transmit the final report under paragraph (1) not later than 120 days following the completion of activities under this section.
Not later than 90 days after August 13, 2018, and every 90 days thereafter until the United States completes the destruction of its entire stockpile of chemical weapons under the terms of the Chemical Weapons Convention, the Secretary of Defense shall brief the members and committees of Congress referred to in paragraph (3) on the progress made by the United States toward fulfilling its chemical weapons destruction obligations under the Chemical Weapons Convention.
Each briefing under paragraph (1) shall include a description of contractor costs and performance relative to schedule, the progress to date toward the complete destruction of the stockpile, and any other information the Secretary determines to be relevant.
The members and committees of Congress referred to in this paragraph are—
the majority leader and the minority leader of the Senate and the Committee on Armed Services and the Committee on Appropriations of the Senate; and
the Speaker of the House of Representatives, the majority leader and the minority leader of the House of Representatives, and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
Consistent with United States obligations under the Chemical Weapons Convention, the Secretary of Defense may develop, produce, otherwise acquire, retain, transfer, and use toxic chemicals and their precursors for purposes not prohibited by the Chemical Weapons Convention if the types and quantities of such chemicals and precursors are consistent with such purposes, including for protective purposes such as protection against toxic chemicals and protection against chemical weapons.
The Secretary of Defense shall conduct an ongoing comprehensive program of—
surveillance of the existing United States stockpile of chemical weapons; and
assessment of the condition of the stockpile.
The Secretary of the Army shall establish a citizens’ commission for each State in which there is a chemical demilitarization facility under Army management.
The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs shall establish a chemical demilitarization citizens’ commission in Colorado and in Kentucky.
Each commission under this subsection shall be known as the “Chemical Demilitarization Citizens’ Advisory Commission” for the State concerned.
The Secretary of the Army, or the Department of Defense with respect to Colorado and Kentucky, shall provide for a representative to meet with each commission established under this subsection to receive citizen and State concerns regarding the ongoing program for the disposal of the lethal chemical agents and munitions in the stockpile referred to in subsection (a) at each of the sites with respect to which a commission is established pursuant to paragraph (1).
The Secretary of the Army shall provide for a representative from the Office of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) to meet with each commission under Army management.
The Department of Defense shall provide for a representative from the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs to meet with the commissions in Colorado and Kentucky.
Each commission under this subsection shall be composed of nine members appointed by the Governor of the State. Seven of such members shall be citizens from the local affected areas in the State. The other two shall be representatives of State government who have direct responsibilities related to the chemical demilitarization program.
For purposes of this paragraph, affected areas are those areas located within a 50-mile radius of a chemical weapons storage site.
For a period of five years after the termination of any commission under this subsection, no corporation, partnership, or other organization in which a member of that commission, a spouse of a member of that commission, or a natural or adopted child of a member of that commission has an ownership interest may be awarded—
a contract related to the disposal of lethal chemical agents or munitions in the stockpile referred to in subsection (a); or
a subcontract under such a contract.
The members of each commission under this subsection shall designate the chair of such commission from among the members of such commission.
Each commission under this subsection shall meet with a representative from the Army, or the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs with respect to the commissions in Colorado and Kentucky, upon joint agreement between the chair of such commission and that representative. The two parties shall meet not less often than twice a year and may meet more often at their discretion.
Members of each commission under this subsection shall receive no pay for their involvement in the activities of their commissions. Funds appropriated for the Chemical Stockpile Demilitarization Program may be used for travel and associated travel costs for commissioners of commissions under this subsection when such travel is conducted at the invitation of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) or the invitation of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs for the commissions in Colorado and Kentucky.
Each commission under this subsection shall be terminated after the closure activities required pursuant to regulations prescribed by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have been completed for the chemical agent destruction facility in such commission’s State, or upon the request of the Governor of such commission’s State, whichever occurs first.
The Secretary of Defense may, for the purpose specified in paragraph (B), authorize the inclusion of an incentives clause in any contract for the destruction of the United States stockpile of lethal chemical agents and munitions carried out pursuant to subsection (a).
The purpose of a clause referred to in subparagraph (A) is to provide the contractor for a chemical demilitarization facility an incentive to accelerate the safe elimination of the United States chemical weapons stockpile and to reduce the total cost of the Chemical Demilitarization Program by providing incentive payments for the early completion of destruction operations and the closure of such facility.
An incentives clause under this subsection shall permit the contractor for the chemical demilitarization facility concerned the opportunity to earn incentive payments for the completion of destruction operations and facility closure activities within target incentive ranges specified in such clause.
The maximum incentive payment under an incentives clause with respect to a chemical demilitarization facility may not exceed the following amounts:
In the case of an incentive payment for the completion of destruction operations within the target incentive range specified in such clause, $110,000,000.
In the case of an incentive payment for the completion of facility closure activities within the target incentive range specified in such clause, $55,000,000.
An incentives clause in a contract under this section shall specify the target incentive ranges of costs for completion of destruction operations and facility closure activities, respectively, as jointly agreed upon by the contracting officer and the contractor concerned. An incentives clause shall require a proportionate reduction in the maximum incentive payment amounts in the event that the contractor exceeds an agreed-upon target cost if such excess costs are the responsibility of the contractor.
The amount of the incentive payment earned by a contractor for a chemical demilitarization facility under an incentives clause under this subsection shall be based upon a determination by the Secretary on how early in the target incentive range specified in such clause destruction operations or facility closure activities, as the case may be, are completed.
The provisions of any incentives clause under this subsection shall be consistent with the obligation of the Secretary of Defense under subsection (d)(1)(A), to provide for maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions.
In negotiating the inclusion of an incentives clause in a contract under this subsection, the Secretary may include in such clause such additional terms and conditions as the Secretary considers appropriate.
No payment may be made under an incentives clause under this subsection unless the Secretary determines that the contractor concerned has satisfactorily performed its duties under such incentives clause.
An incentives clause under this subsection shall specify that the obligation of the Government to make payment under such incentives clause is subject to the availability of appropriations for that purpose. Amounts appropriated for Chemical Agents and Munitions Destruction, Defense, shall be available for payments under incentives clauses under this subsection.
In determining the technologies to supplement the neutralization destruction of the stockpile of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, the Secretary of Defense may consider the following:
Explosive Destruction Technologies.
Any technologies developed for the treatment and disposal of energetic or agent hydrolysates, if problems with the current on-site treatment of hydrolysates are encountered.
In this section:
The term “chemical agent and munition” means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials.
The term “Chemical Weapons Convention” means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103–21).
The term “lethal chemical agent and munition” means a chemical agent or munition that is designed to cause death, through its chemical properties, to human beings in field concentrations.
The term “destruction” means, with respect to chemical munitions or agents—
the demolishment of such munitions or agents by incineration or by any other means; or
the dismantling or other disposal of such munitions or agents so as to make them useless for military purposes and harmless to human beings under normal circumstances.
Pub. L. 109–163, div. A, title IX, § 921(b), Jan. 6, 2006, 119 Stat. 3410, provided that:
“The amendments made by subsection (a) [amending this section]— “(1) take effect as of December 5, 1991 ; and “(2) apply with respect to any cooperative agreement entered into on or after that date.”
For termination, effective Dec. 31, 2021, of provisions in subsecs. (i) and (j) of this section requiring submittal of annual and semiannual reports to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.
Pub. L. 115–91, div. A, title XIV, § 1415, Dec. 12, 2017, 131 Stat. 1708, provided that:
“(a) Reporting on Major Programs .— Acquisition reporting on each major program within the chemical demilitarization programs of the Department of Defense, including construction in connection with such program, shall— “(1) comply with reporting guidelines for an Acquisition Category 1 (ACAT 1) system; and “(2) be reported separately from acquisition reporting on the other major program within the chemical demilitarization programs of the Department of Defense. “(b) Major Program Within the Chemical Demilitarization Programs of the Department of Defense Defined .— In this section, the term ‘major program within the chemical demilitarization programs of the Department of Defense’ means each program as follows: “(1) Pueblo Chemical Agent Destruction Pilot Plant program, Colorado. “(2) Blue Grass Chemical Agent Destruction Pilot Plant program, Kentucky.”
Pub. L. 110–181, div. A, title IX, § 922, Jan. 28, 2008, 122 Stat. 282, as amended by Pub. L. 111–383, div. A, title XIV, § 1421(b)(10), Jan. 7, 2011, 124 Stat. 4420, provided that:
“(a) Findings .— Congress makes the following findings: “(1) The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, done at Paris on January 13, 1993 (commonly referred to as the ‘Chemical Weapons Convention’), requires that destruction of the entire United States chemical weapons stockpile be completed by not later than April 29, 2007 . “(2) In 2006, under the terms of the Chemical Weapons Convention, the United States requested and received a one-time, 5-year extension of its chemical weapons destruction deadline to April 29, 2012 . “(3) On April 10, 2006 , the Secretary of Defense notified Congress that the United States would not meet even the extended deadline under the Chemical Weapons Convention for destruction of the United States chemical weapons stockpile, but would ‘continue working diligently to minimize the time to complete destruction without sacrificing safety and security’ and would also ‘continue requesting resources needed to complete destruction as close to April 2012 as practicable’. “(4) The United States chemical demilitarization program has met its one percent, 20 percent, and extended 45 percent destruction deadlines under the Chemical Weapons Convention. “(5) Destroying the remaining stockpile of United States chemical weapons is imperative for public safety and homeland security, and doing so by April 2012, in accordance with the current destruction deadline provided under the Chemical Weapons Convention, is required by United States law. “(6) The elimination of chemical weapons anywhere they exist in the world, and the prevention of their proliferation, is of utmost importance to the national security of the United States. “(7) Section 921(b)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2359 ) contained a sense of Congress urging the Secretary of Defense to ensure the elimination of the United States chemical weapons stockpile in the shortest time possible, consistent with the requirement to protect public health, safety, and the environment. “(8) Section 921(b)(4) of that Act contained a sense of Congress urging the Secretary of Defense to propose a credible treatment and disposal process with the support of affected communities. In this regard, any such process should provide for sufficient communication and consultation between representatives of the Department of Defense and representatives of affected States and communities. “(b) Sense of Congress .— It is the sense of Congress that— “(1) the United States is, and must remain, committed to making every effort to safely dispose of its entire chemical weapons stockpile by April 2012, the current destruction deadline provided under the Chemical Weapons Convention, or as soon thereafter as possible, and must carry out all of its other obligations under the Convention; and “(2) the Secretary of Defense should make every effort to plan for, and to request in the annual budget of the President submitted to Congress adequate funding to complete, the elimination of the United States chemical weapons stockpile in accordance with United States obligations under the Chemical Weapons Convention and in a manner that will protect public health, safety, and the environment, as required by law. “[(c) Repealed. Pub. L. 111–383, div. A, title XIV, § 1421(b)(10) , Jan. 7, 2011 , 124 Stat. 4420 .]”
Pub. L. 110–116, div. A, title VIII, § 8119, Nov. 13, 2007, 121 Stat. 1340, which directed the Department of Defense to complete work on the destruction of the stockpile of lethal chemical agents and munitions no later than Dec. 31, 2017, and to report to congressional leaders and defense committees on progress toward compliance not later than Dec. 31, 2007, and every 180 days thereafter, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(9), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 109–364, div. A, title IX, § 923, Oct. 17, 2006, 120 Stat. 2360, which authorized use of incentives clauses in chemical demilitarization contracts, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(8), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 107–248, title VIII, § 8122, Oct. 23, 2002, 116 Stat. 1566, which related to management of chemical demilitarization activities at Bluegrass Army Depot, Kentucky, and Pueblo Army Depot, Colorado, if, pursuant to Pub. L. 105–261, § 142, formerly set out as a note below, an alternative technology was selected for the destruction of lethal chemical munitions, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(7), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 105–261, div. A, title I, § 142, Oct. 17, 1998, 112 Stat. 1943, as amended by Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, which directed the program manager of the pilot program carried out under Pub. L. 104–208, § 101(b), formerly set out as a note below, to continue to manage the development and testing of alternative technologies for the destruction of lethal chemical munitions and authorized the Under Secretary of Defense for Acquisition, Technology, and Logistics to award a contract for the design, construction, and operation of a pilot facility for a technology if an independent evaluation and certain determinations and certifications had been made, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(5), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8065], Sept. 30, 1996, 110 Stat. 3009–71, 3009–101, as amended by Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717, which related to pilot program to identify and demonstrate not less than two alternatives to the baseline incineration process for the demilitarization of assembled chemical munitions and required the Under Secretary of Defense for Acquisition, Technology, and Logistics to report annually to congressional defense committees on activities carried out under the program, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(4), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 106–65, div. A, title I, § 141, Oct. 5, 1999, 113 Stat. 537, which directed the Secretary of Defense to assess the stockpile destruction program for the purpose of reducing costs and ensuring completion in accordance with the Chemical Weapons Convention and report to Congress on actions to be taken and recommendations for legislation, and required the Comptroller General to review the program and report results to congressional defense committees, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(6), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 104–106, div. A, title I, § 152, Feb. 10, 1996, 110 Stat. 214, as amended by Pub. L. 104–201, div. A, title I, § 142, Sept. 23, 1996, 110 Stat. 2448; Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8065], Sept. 30, 1996, 110 Stat. 3009–71, 3009–102, which directed the Secretary of Defense to proceed with the program for destruction of the chemical munitions stockpile while ensuring maximum protection of the environment, the general public, and the personnel involved in the program, and required the Secretary to report to the congressional defense committees on the status of the program and recommend revisions, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(3), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 102–484, div. A, title I, § 172, Oct. 23, 1992, 106 Stat. 2341, as amended by Pub. L. 104–106, div. A, title I, § 153(a), Feb. 10, 1996, 110 Stat. 215; Pub. L. 104–201, div. A, title X, § 1073(d), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 110–181, div. A, title IX, § 921, Jan. 28, 2008, 122 Stat. 282; Pub. L. 110–417, [div. A], title IX, § 921, Oct. 14, 2008, 122 Stat. 4573; Pub. L. 111–84, div. A, title X, § 1073(c)(8), Oct. 28, 2009, 123 Stat. 2475, which directed the Secretary of the Army to establish a Chemical Demilitarization Citizens’ Advisory Commission in each State in which there existed a low-volume chemical weapons storage site in order to receive citizen and State concerns regarding the program for the disposal of lethal chemical agents and munitions, and provided for termination of each such commission after completion of closure activities or upon request of the State’s Governor, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(2), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 102–484, div. A, title I, §§ 174, 175, Oct. 23, 1992, 106 Stat. 2344, as amended by Pub. L. 103–160, div. A, title I, § 155(b), Nov. 30, 1993, 107 Stat. 1579, which related to use of an alternative technology process for the destruction of chemical weapons at low-volume sites and required a revised chemical weapons disposal concept plan incorporating such process if employed, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(2), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 102–484, div. A, title I, § 178, Oct. 23, 1992, 106 Stat. 2346, provided that:
“It is the sense of Congress that the Secretary of Defense, in consultation with the Secretary of State, should establish, with other nations that are anticipated to be signatories to an international agreement or treaty banning chemical weapons, a program under which consultation and exchange concerning chemical weapons disposal technology could be enhanced. Such a program shall be used to facilitate the exchange of technical information and advice concerning the disposal of chemical weapons among signatory nations and to further the development of safer, more cost-effective methods for the disposal of chemical weapons.”
“Low-Volume Site” Defined
Pub. L. 102–484, div. A, title I, § 180, Oct. 23, 1992, 106 Stat. 2347, which defined “low-volume site” for purposes of subtitle G (§§ 171–180) of title I of div. A of Pub. L. 102–484, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(2), Jan. 7, 2011, 124 Stat. 4420.
Pub. L. 100–180, div. A, title I, § 125, Dec. 4, 1987, 101 Stat. 1043, which directed the Secretary of Defense to issue an environmental impact statement, submit to congressional committees an alternative concept plan for the chemical stockpile demilitarization program, and conduct ongoing surveillance and assessment of the stockpile, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(1), Jan. 7, 2011, 124 Stat. 4420.
The Secretary of Defense shall ensure that the program for destruction of the United States stockpile of lethal chemical agents and munitions is managed as a major defense acquisition program (as defined in section 4201 of title 10 ) in accordance with the essential elements of such programs as may be determined by the Secretary.
Beginning with respect to the budget request for fiscal year 2004, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees on an annual basis a certification that the budget request for the chemical agents and munitions destruction program has been submitted in accordance with the requirements of section 1521 of this title .
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of Title 10, Armed Forces.
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 107–314, 116 Stat. 2471. See note under section 101 of Title 10, Armed Forces.
The Secretary of Defense shall carry out the chemical and biological defense program of the United States in accordance with the provisions of this section.
In carrying out his responsibilities under this section, the Secretary of Defense shall do the following:
Assign responsibility for overall coordination and integration of the chemical and biological warfare defense program and the chemical and biological medical defense program to a single office within the Office of the Secretary of Defense.
Take those actions necessary to ensure close and continuous coordination between (A) the chemical and biological warfare defense program, and (B) the chemical and biological medical defense program.
Exercise oversight over the chemical and biological defense program through the Defense Acquisition Board process.
The Secretary of Defense shall designate the Army as executive agent for the Department of Defense to coordinate and integrate research, development, test, and evaluation, and acquisition, requirements of the military departments for chemical and biological warfare defense programs of the Department of Defense.
The Director of the Defense Advanced Research Projects Agency may conduct a program of basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems. In conducting such program, the Director shall seek to avoid unnecessary duplication of the activities under the program with chemical and biological warfare defense activities of the military departments and defense agencies and shall coordinate the activities under the program with those of the military departments and defense agencies.
The budget for the Department of Defense for each fiscal year after fiscal year 1994 shall reflect a coordinated and integrated chemical and biological defense program for the Department of Defense.
Funding requests for the program (other than for activities under the program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2)) shall be set forth in the budget of the Department of Defense for each fiscal year as a separate account, with a single program element for each of the categories of research, development, test, and evaluation, acquisition, and military construction. Amounts for military construction projects may be set forth in the annual military construction budget. Funds for military construction for the program in the military construction budget shall be set forth separately from other funds for military construction projects. Funding requests for the program may be included in the budget accounts of the military departments.
The program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2) shall be set forth as a separate program element in the budget of that agency.
All funding requirements for the chemical and biological defense program shall be reviewed by the Secretary of the Army as executive agent pursuant to subsection (c).
The Secretary of Defense shall conduct a review of the management structure of the Department of Defense chemical and biological warfare defense program, including—
research, development, test, and evaluation;
procurement;
doctrine development;
policy;
training;
development of requirements;
readiness; and
risk assessment.
Not later than May 1, 1994, the Secretary shall submit to Congress a report that describes the details of measures being taken to improve joint coordination and oversight of the program and ensure a coherent and effective approach to its management.
Pub. L. 116–283, div. A, title XII, § 1259, Jan. 1, 2021, 134 Stat. 3958, provided that:
“(a) Plan Required.— “(1) In general .— The Secretary of Defense shall develop a plan to address the recommendations in the U.S. Government Accountability Office’s report entitled ‘Preparedness of U.S. Forces to Counter North Korean Chemical and Biological Weapons’ (GAO–21–104C). “(2) Elements .— The plan required under paragraph (1) shall, with respect to each recommendation in the report described in paragraph (1) that the Secretary of Defense has implemented or intends to implement, include— “(A) a summary of actions that have been or will be taken to implement the recommendation; and “(B) a schedule, with specific milestones, for completing implementation of the recommendation. “(b) Submission to Congress .— Not later than 1 year after the date of the enactment of this Act [ Jan. 1, 2021 ], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the plan required under subsection (a). “(c) Deadline for Implementation.— “(1) In general .— Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a). “(2) Exception for implementation of certain recommendations.— “(A) Delayed implementation .— The Secretary of Defense may initiate implementation of a recommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date. “(B) Nonimplementation .— The Secretary of Defense may decide not to implement a recommendation in the report described in subsection (a)(1) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)— “(i) a specific justification for the decision not to implement the recommendation; and “(ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.”
Pub. L. 107–296, title XVII, § 1708, Nov. 25, 2002, 116 Stat. 2318, provided that:
“There is established in the Department of Defense a National Bio-Weapons Defense Analysis Center, whose mission is to develop countermeasures to potential attacks by terrorists using weapons of mass destruction.”
[For transfer of functions, personnel, assets, and liabilities of the National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 183(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
Pub. L. 105–261, div. A, title II, § 247, Oct. 17, 1998, 112 Stat. 1956, provided that:
“(a) Review and Modification of Policies and Doctrines .— The Secretary of Defense shall review the policies and doctrines of the Department of Defense on chemical warfare defense and modify the policies and doctrine as appropriate to achieve the objectives set forth in subsection (b). “(b) Objectives .— The objectives for the modification of policies and doctrines of the Department of Defense on chemical warfare defense are as follows: “(1) To provide for adequate protection of personnel from any exposure to a chemical warfare agent (including chronic and low-level exposure to a chemical warfare agent) that would endanger the health of exposed personnel because of the deleterious effects of— “(A) a single exposure to the agent; “(B) exposure to the agent concurrently with other dangerous exposures, such as exposures to— “(i) other potentially toxic substances in the environment, including pesticides, other insect and vermin control agents, and environmental pollutants; “(ii) low-grade nuclear and electromagnetic radiation present in the environment; “(iii) preventive medications (that are dangerous when taken concurrently with other dangerous exposures referred to in this paragraph); “(iv) diesel fuel, jet fuel, and other hydrocarbon-based fuels; and “(v) occupational hazards, including battlefield hazards; and “(C) repeated exposures to the agent, or some combination of one or more exposures to the agent and other dangerous exposures referred to in subparagraph (B), over time. “(2) To provide for— “(A) the prevention of and protection against, and the detection (including confirmation) of, exposures to a chemical warfare agent (whether intentional or inadvertent) at levels that, even if not sufficient to endanger health immediately, are greater than the level that is recognized under Department of Defense policies as being the maximum safe level of exposure to that agent for the general population; and “(B) the recording, reporting, coordinating, and retaining of information on possible exposures described in subparagraph (A), including the monitoring of the health effects of exposures on humans and animals, environmental effects, and ecological effects, and the documenting and reporting of those effects specifically by location. “(3) To provide solutions for the concerns and mission requirements that are specifically applicable for one or more of the Armed Forces in a protracted conflict when exposures to chemical agents could be complex, dynamic, and occurring over an extended period. “(c) Research Program .— The Secretary of Defense shall develop and carry out a plan to establish a research program for determining the effects of exposures to chemical warfare agents of the type described in subsection (b). The research shall be designed to yield results that can guide the Secretary in the evolution of policy and doctrine on exposures to chemical warfare agents and to develop new risk assessment methods and instruments with respect to such exposures. The plan shall state the objectives and scope of the program and include a 5-year funding plan. “(d) Report .— Not later than May 1, 1999 , the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives [now Committee on Armed Services of the House of Representatives] a report on the results of the review under subsection (a) and on the research program developed under subsection (c). The report shall include the following: “(1) Each modification of chemical warfare defense policy and doctrine resulting from the review. “(2) Any recommended legislation regarding chemical warfare defense. “(3) The plan for the research program.”
Pub. L. 104–132, title V, § 521(b), Apr. 24, 1996, 110 Stat. 1286, provided that:
“(1) Findings .— The Congress finds that— “(A) the threat of the use of chemical and biological weapons by Third World countries and by terrorist organizations has increased in recent years and is now a problem of worldwide significance; “(B) the military and law enforcement agencies in the United States that are responsible for responding to the use of such weapons require additional testing, training, and evaluation facilities to ensure that the personnel of such agencies discharge their responsibilities effectively; and “(C) a facility that recreates urban and suburban locations would provide an especially effective environment in which to test, train, and evaluate such personnel for that purpose. “(2) Study of facility.— “(A) In general .— The President shall establish an interagency task force to determine the feasibility and advisability of establishing a facility that recreates both an urban environment and a suburban environment in such a way as to permit the effective testing, training, and evaluation in such environments of government personnel who are responsible for responding to the use of chemical and biological weapons in the United States. “(B) Description of facility .— The facility considered under subparagraph (A) shall include— “(i) facilities common to urban environments (including a multistory building and an underground rail transit system) and to suburban environments; “(ii) the capacity to produce controllable releases of chemical and biological agents from a variety of urban and suburban structures, including laboratories, small buildings, and dwellings; “(iii) the capacity to produce controllable releases of chemical and biological agents into sewage, water, and air management systems common to urban areas and suburban areas; “(iv) chemical and biocontaminant facilities at the P3 and P4 levels; “(v) the capacity to test and evaluate the effectiveness of a variety of protective clothing and facilities and survival techniques in urban areas and suburban areas; and “(vi) the capacity to test and evaluate the effectiveness of variable sensor arrays (including video, audio, meteorological, chemical, and biosensor arrays) in urban areas and suburban areas. “(C) Sense of congress .— It is the sense of Congress that the facility considered under subparagraph (A) shall, if established— “(i) be under the jurisdiction of the Secretary of Defense; and “(ii) be located at a principal facility of the Department of Defense for the testing and evaluation of the use of chemical and biological weapons during any period of armed conflict.”
Pub. L. 103–160, div. A, title XVII, § 1702, Nov. 30, 1993, 107 Stat. 1854, provided that:
“The Secretary of Defense shall consolidate all chemical and biological warfare defense training activities of the Department of Defense at the United States Army Chemical School.”
Pub. L. 103–160, div. A, title XVII, § 1704, Nov. 30, 1993, 107 Stat. 1855, provided that:
“It is the sense of Congress that the President should strengthen Federal interagency emergency planning by the Federal Emergency Management Agency and other appropriate Federal, State, and local agencies for development of a capability for early detection and warning of and response to— “(1) potential terrorist use of chemical or biological agents or weapons; and “(2) emergencies or natural disasters involving industrial chemicals or the widespread outbreak of disease.”
The Secretary of Defense shall include in the annual report of the Secretary under section 113(c) of title 10 a report on chemical and biological warfare defense. The report shall assess—
the overall readiness of the Armed Forces to fight in a chemical-biological warfare environment and shall describe steps taken and planned to be taken to improve such readiness; and
requirements for the chemical and biological warfare defense program, including requirements for training, detection, and protective equipment, for medical prophylaxis, and for treatment of casualties resulting from use of chemical or biological weapons.
The report shall include information on the following:
The quantities, characteristics, and capabilities of fielded chemical and biological defense equipment to meet wartime and peacetime requirements for support of the Armed Forces, including individual protective items.
The status of research and development programs, and acquisition programs, for required improvements in chemical and biological defense equipment and medical treatment, including an assessment of the ability of the Department of Defense and the industrial base to meet those requirements.
Measures taken to ensure the integration of requirements for chemical and biological defense equipment and material among the Armed Forces.
The status of nuclear, biological, and chemical (NBC) warfare defense training and readiness among the Armed Forces and measures being taken to include realistic nuclear, biological, and chemical warfare simulations in war games, battle simulations, and training exercises.
Measures taken to improve overall management and coordination of the chemical and biological defense program.
Problems encountered in the chemical and biological warfare defense program during the past year and recommended solutions to those problems for which additional resources or actions by the Congress are required.
A description of the chemical warfare defense preparations that have been and are being undertaken by the Department of Defense to address needs which may arise under article X of the Chemical Weapons Convention.
A summary of other preparations undertaken by the Department of Defense and the On-Site Inspection Agency to prepare for and to assist in the implementation of the convention, including activities such as training for inspectors, preparation of defense installations for inspections under the convention using the Defense Treaty Inspection Readiness Program, provision of chemical weapons detection equipment, and assistance in the safe transportation, storage, and destruction of chemical weapons in other signatory nations to the convention.
A description of any program involving the testing of biological or chemical agents on human subjects that was carried out by the Department of Defense during the period covered by the report, together with—
a detailed justification for the testing;
a detailed explanation of the purposes of the testing;
a description of each chemical or biological agent tested; and
the Secretary’s certification that informed consent to the testing was obtained from each human subject in advance of the testing on that subject.
A description of the coordination and integration of the program of the Defense Advanced Research Projects Agency (DARPA) on basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems under section 1522(c)(2) of this title with the overall program of the Department of Defense on chemical and biological warfare defense, including—
an assessment of the degree to which the DARPA program is coordinated and integrated with, and supports the objectives and requirements of, the overall program of the Department of Defense; and
the means by which the Department determines the level of such coordination and support.
For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.
The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services to provide support for vaccination programs of the Secretary of Health and Human Services in the United States through use of the excess peacetime biological weapons defense capability of the Department of Defense.
Not later than February 1, 1994 , the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of providing Department of Defense support for vaccination programs under subsection (a) and shall identify resource requirements that are not within the Department’s capability.
Congressional defense committees means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives, see section 3 of Pub. L. 103–160, 107 Stat. 1562. See note under section 101 of Title 10, Armed Forces.
Upon the request of the owner or operator of a facility that is subject to a routine inspection or a challenge inspection under the Chemical Weapons Convention, the Secretary of Defense may provide technical assistance to that owner or operator related to compliance of that facility with the Convention. Any such assistance shall be provided through the On-Site Inspection Agency of the Department of Defense.
The Secretary may provide assistance under subsection (a) only to the extent that the Secretary determines that the Department of Defense will be reimbursed for costs incurred in providing the assistance. The United States National Authority may provide such reimbursement from amounts available to it. Any such reimbursement shall be credited to amounts available for the On-Site Inspection Agency.
In this section:
The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997.
The term “facility that is subject to a routine inspection” means a declared facility, as defined in paragraph 15 of part X of the Annex on Implementation and Verification of the Convention.
The term “challenge inspection” means an inspection conducted under Article IX of the Convention.
The term “United States National Authority” means the United States National Authority established or designated pursuant to Article VII, paragraph 4, of the Convention.
Except as provided in subsection (b), no assistance may be provided by the United States Government to any person who is involved in the research, development, design, testing, or evaluation of chemical or biological weapons for offensive purposes.
The prohibition contained in subsection (a) shall not apply to any activity conducted pursuant to title V of the National Security Act of 1947 [ 50 U.S.C. 3091 et seq.].
The Secretary of Defense, acting through the executive agent for the biological select agent and toxin biosafety program of the Department of Defense, shall carry out a program to implement certain quality control and quality assurance measures at each covered facility.
Subject to subsection (c), the quality control and quality assurance measures implemented at each covered facility under subsection (a) shall include the following:
Designation of an external manager to oversee quality assurance and quality control.
Environmental sampling and inspection.
Production procedures that prohibit operations where live biological select agents and toxins are used in the same laboratory where viability testing is conducted.
Production procedures that prohibit work on multiple organisms or multiple strains of one organism within the same biosafety cabinet.
A video surveillance program that uses video monitoring as a tool to improve laboratory practices in accordance with regulatory requirements.
Formal, recurring data reviews of production in an effort to identify data trends and nonconformance issues before such issues affect end products.
Validated protocols for production processes to ensure that process deviations are adequately vetted prior to implementation.
Maintenance and calibration procedures and schedules for all tools, equipment, and irradiators.
In carrying out the program under subsection (a), the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of national defense.
The Secretary of Defense shall carry out a study to evaluate—
the feasibility of consolidating covered facilities within a unified command to minimize risk;
opportunities to partner with industry for the production of biological select agents and toxins and related services in lieu of maintaining such capabilities within the Department of the Army; and
whether operations under the biological select agent and toxin production program should be transferred to another government or commercial laboratory that may be better suited to execute production for non-Department of Defense customers.
Not later than February 1, 2017 , the Secretary shall submit to the congressional defense committees a report on the results of the study under paragraph (1).
Not later than September 1, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report that includes the following:
A review of—
the actions taken by the Department of Defense to address the findings and recommendations of the report of the Department of the Army titled “Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds”, dated December 15, 2015, including any actions taken to address the culture of complacency in the biological select agent and toxin production program identified in such report; and
the progress of the Secretary in carrying out the program under subsection (a).
An analysis of the study and report under subsection (d).
In this section:
The term “biological select agent and toxin” means any agent or toxin identified under—
section 331.3 of title 7, Code of Federal Regulations;
section 121.3 or section 121.4 of title 9, Code of Federal Regulations; or
section 73.3 or section 73.4 of title 42, Code of Federal Regulations.
The term “covered facility” means any facility of the Department of Defense that produces biological select agents and toxins.
Pub. L. 118–31, div. A, title X, § 1089, Dec. 22, 2023, 137 Stat. 420, provided that:
“(a) In General .— The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level–3 or higher for safety or security reasons. “(b) Content .— The notification required under subsection (a) shall include— “(1) the reason why operations have ceased at the laboratory or facility; “(2) whether appropriate notification to other Federal agencies has occurred; “(3) a description of the actions taken to determine the root cause of the cessation; and “(4) a description of the actions taken to restore operations at the laboratory or facility.”
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.
Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, shall provide to the congressional defense committees notice of such theft, loss, or release.
The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety.
In this subsection, the term “covered report” means a report filed under any of the following (or any successor regulations):
Section 331.19 of title 7, Code of Federal Regulations.
Section 121.19 of title 9, Code of Federal Regulations.
Section 73.19 of title 42, Code of Federal Regulations.
Notice of a theft, loss, or release of a biological select agent or toxin under subsection (a) shall include each of the following:
The name of the agent or toxin and any identifying information, including the strain or other relevant characterization information.
An estimate of the quantity of the agent or toxin stolen, lost, or released.
The location or facility from which the theft, loss, or release occurred.
In the case of a release, any hazards posed by the release and the number of individuals potentially exposed to the agent or toxin.
Actions taken to respond to the theft, loss, or release.
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.
CHAPTER 33— WAR POWERS RESOLUTION
It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
Pub. L. 93–148, § 10, Nov. 7, 1973, 87 Stat. 559, provided that:
“This joint resolution [enacting this chapter] shall take effect on the date of its enactment [ Nov. 7, 1973 ].”
Pub. L. 93–148, § 1, Nov. 7, 1973, 87 Stat. 555, provided that:
“This joint resolution [enacting this chapter] may be cited as the ‘War Powers Resolution’.”
Pub. L. 116–92, div. A, title XII, § 1271, Dec. 20, 2019, 133 Stat. 1698, provided that:
“Nothing in this Act [see Tables for classification] may be construed to authorize the permanent stationing of members of the Armed Forces in Somalia.”
Pub. L. 111–84, div. A, title XII, § 1227, Oct. 28, 2009, 123 Stat. 2525, as amended by Pub. L. 111–383, div. A, title XII, § 1233(a)–(e), Jan. 7, 2011, 124 Stat. 4396, 4397, provided that:
“(a) Report Required .— Not later than 90 days after the date of the enactment of this Act [ Oct. 28, 2009 ], or December 31, 2010 , whichever occurs later, and every 180 days thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report concerning the responsible redeployment of United States Armed Forces from Iraq in accordance with the policy announced by the President on February 27, 2009 , and the Agreement Between the United States of America and the Republic of Iraq On the Withdrawal of United States Forces From Iraq and the Organization of Their Activities During Their Temporary Presence in Iraq. “(b) Elements .— The report required under subsection (a) shall include the following elements: “(1) The number of United States military personnel in Iraq by service and component for each month of the preceding 90-day period and an estimate of the personnel levels in Iraq for the 90-day period following submission of the report. “(2) The number and type of military installations in Iraq occupied by 100 or more United States military personnel and the number of such military installations closed, consolidated, or transferred to the Government of Iraq in the preceding 90-day period. “(3) An estimate of the number of military vehicles, containers of equipment, tons of ammunition, or other significant items belonging to the Department of Defense removed from Iraq during the preceding 90-day period, an estimate of the remaining amount of such items belonging to the Department of Defense, and an assessment of the likelihood of successfully removing, demilitarizing, or otherwise transferring all items belonging to the Department of Defense from Iraq on or before December 31, 2011 . “(4) An assessment of United States detainee operations and releases. Such assessment should include the total number of detainees held by the United States in Iraq, the number of detainees in each threat level category, the number of detainees who are not nationals of Iraq, the number of detainees transferred to Iraqi authorities, the number of detainees who were released from United States custody and the reasons for their release, and the number of detainees who having been released in the past were recaptured or had their remains identified planning or after carrying out attacks on United States or Coalition forces. “(5) A listing of the objective and subjective factors utilized by the commander of United States Forces–Iraq, including any changes to that list in the case of an update to the report, to determine risk levels associated with the drawdown of United States Armed Forces, and the process and timing that will be utilized by the commander of United States Forces–Iraq and the Secretary of Defense to assess risk and make recommendations to the President about either continuing the redeployment of United States Armed Forces from Iraq in accordance with the schedule announced by the President or modifying the pace or timing of that redeployment. “(6) An assessment of progress to transfer responsibility of programs, projects, and activities carried out in Iraq by the Department of Defense to other United States Government departments and agencies, international or nongovernmental entities, or the Government of Iraq. The assessment should include a description of the numbers and categories of programs, projects, and activities for which such other entities have taken responsibility or which have been discontinued by the Department of Defense. The assessment should also include a discussion of any difficulties or barriers in transitioning such programs, projects, and activities and what, if any, solutions have been developed to address such difficulties or barriers. “(7) An assessment of progress toward the goal of building the minimum essential capabilities of the Ministry of Defense and the Ministry of the Interior of Iraq, including a description of— “(A) such capabilities both extant and remaining to be developed; “(B) major equipment necessary to achieve such capabilities; “(C) the level and type of support provided by the United States to address shortfalls in such capabilities; and “(D) the level of commitment, both financial and political, made by the Government of Iraq to develop such capabilities, including a discussion of resources used by the Government of Iraq to develop capabilities that the Secretary determines are not minimum essential capabilities for purposes of this paragraph. “(8) A listing and assessment of the anticipated level and type of support to be provided by United States special operations forces to the Government of Iraq and Iraqi special operations forces during the redeployment of United States conventional forces from Iraq. The assessment should include a listing of anticipated critical support from general purpose forces required by United States special operations forces and Iraqi special operations forces. The assessment should also include combat support, including rotary aircraft and intelligence, surveillance, and reconnaissance assets, combat service support, and contractor support needed through December 31, 2011 . “(c) Secretary of State Comments .— Prior to submitting the report required under subsection (a), the Secretary of Defense shall provide a copy of the report to the Secretary of State for review. At the request of the Secretary of State, the Secretary of Defense shall include an appendix to the report which contains any comments or additional information that the Secretary of State requests. “(d) Form .— The report required under subsection (a) may include a classified annex. “(e) Appropriate Congressional Committees .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and “(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. “(f) Termination .— The requirement to submit the report required under subsection (a) shall terminate on September 30, 2012 .”
Pub. L. 109–163, div. A, title XII, § 1227, Jan. 6, 2006, 119 Stat. 3465, as amended by Pub. L. 110–181, div. A, title XII, § 1223(a)(1), (b), Jan. 28, 2008, 122 Stat. 373, 374, known as the “United States Policy in Iraq Act”, which required the President to submit reports to Congress on United States policy and military operations in Iraq not later than 90 days after Jan. 6, 2006, and every three months thereafter, until all United States combat brigades had been redeployed from Iraq, and required congressional briefings by senior officials of the Department of Defense subsequent to the submission of each such report, was repealed by Pub. L. 111–383, div. A, title XII, § 1233(f)(1), Jan. 7, 2011, 124 Stat. 4397.
Pub. L. 107–243, Oct. 16, 2002, 116 Stat. 1498, known as the Authorization for Use of Military Force Against Iraq Resolution of 2002, which authorized the President to use the Armed Forces of the United States to defend the national security of the United States against the continuing threat posed by Iraq and enforce all relevant United Nations Security Council resolutions regarding Iraq, subject to presidential determinations and with reporting requirements, was repealed by Pub. L. 119–60, div. H, title LXXXIII, § 8370(2), Dec. 18, 2025, 139 Stat. 1907.
Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, provided that:
“Whereas, on September 11, 2001 , acts of treacherous violence were committed against the United States and its citizens; and “Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and “Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and “Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and “Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, “SECTION 1. SHORT TITLE. “This joint resolution may be cited as the ‘Authorization for Use of Military Force’. “SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. “(a) In General .—That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001 , or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. “(b) War Powers Resolution Requirements.— “(1) Specific statutory authorization .—Consistent with section 8(a)(1) of the War Powers Resolution [ 50 U.S.C. 1547(a)(1) ], the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution [ 50 U.S.C. 1544(b) ]. “(2) Applicability of other requirements .—Nothing in this resolution supercedes any requirement of the War Powers Resolution [ 50 U.S.C. 1541 et seq.].”
Pub. L. 106–65, div. A, title XII, § 1232, Oct. 5, 1999, 113 Stat. 788, as amended by Pub. L. 107–107, div. A, title XII, § 1222, Dec. 28, 2001, 115 Stat. 1253, provided that:
“(a) Limitation on Deployment .— No funds available to the Department of Defense during fiscal year 2000 may be expended after May 31, 2000 , for the continuous deployment of United States Armed Forces in Haiti pursuant to the Department of Defense operation designated as Operation Uphold Democracy. “[(b) Repealed. Pub. L. 107–107, div. A, title XII, § 1222 , Dec. 28, 2001 , 115 Stat. 1253 .]”
Pub. L. 103–423, Oct. 25, 1994, 108 Stat. 4358, provided that:
“SECTION 1. SENSE OF CONGRESS REGARDING UNITED STATES ARMED FORCES OPERATIONS IN HAITI. “It is the sense of Congress that— “(a) the men and women of the United States Armed Forces in Haiti who are performing with professional excellence and dedicated patriotism are to be commended; “(b) the President should have sought and welcomed Congressional approval before deploying United States Armed Forces to Haiti; “(c) the departure from power of the de facto authorities in Haiti, and Haitian efforts to achieve national reconciliation, democracy and the rule of law are in the best interests of the Haitian people; “(d) the President’s lifting of the unilateral economic sanctions on Haiti, and his efforts to bring about the lifting of economic sanctions imposed by the United Nations are appropriate; and “(e) Congress supports a prompt and orderly withdrawal of all United States Armed Forces from Haiti as soon as possible. “SEC. 2. PRESIDENTIAL STATEMENT OF NATIONAL SECURITY OBJECTIVES. “The President shall prepare and submit to the President pro tempore of the Senate and the Speaker of the House of Representatives (hereafter, ‘Congress’) not later than seven days after enactment of this resolution [ Oct. 25, 1994 ] a statement of the national security objectives to be achieved by Operation Uphold Democracy, and a detailed description of United States policy, the military mission and the general rules of engagement under which operations of United States Armed Forces are conducted in and around Haiti, including the role of United States Armed Forces regarding Haitian on Haitian violence, and efforts to disarm Haitian military or police forces, or civilians. Changes or modifications to such objectives, policy, military mission, or general rules of engagement shall be submitted to Congress within forty-eight hours of approval. “SEC. 3. REPORT ON THE SITUATION IN HAITI. “Not later than November 1, 1994 , and monthly thereafter until the cessation of Operation Uphold Democracy, the President shall submit a report to Congress on the situation in Haiti, including— “(a) a listing of the units of the United States Armed Forces and of the police and military units of other nations participating in operations in and around Haiti; “(b) the estimated duration of Operation Uphold Democracy and progress toward the withdrawal of all United States Armed Forces from Haiti consistent with the goal of section 1(e) of this resolution; “(c) armed incidents or the use of force in or around Haiti involving United States Armed Forces or Coast Guard personnel in the time period covered by the report; “(d) the estimated cumulative incremental cost of all United States activities subsequent to September 30, 1993 , in and around Haiti, including but not limited to— “(1) the cost of all deployments of United States Armed Forces and Coast Guard personnel, training, exercises, mobilization, and preparation activities, including the preparation of police and military units of the other nations of the multinational force involved in enforcement of sanctions, limits on migration, establishment and maintenance of migrant facilities at Guantanamo Bay and elsewhere, and all other activities relating to operations in and around Haiti; and “(2) the costs of all other activities relating to United States policy toward Haiti, including humanitarian assistance, reconstruction, aid and other financial assistance, and all other costs to the United States Government; “(e) a detailed accounting of the source of funds obligated or expended to meet the costs described in subparagraph (d), including— “(1) in the case of funds expended from the Department of Defense budget, a breakdown by military service or defense agency, line item and program, and “(2) in the case of funds expended from the budgets of departments and agencies other than the Department of Defense, by department or agency and program; “(f) the Administration plan for financing the costs of the operations and the impact on readiness without supplemental funding; “(g) a description of the situation in Haiti, including— “(1) the security situation; “(2) the progress made in transferring the functions of government to the democratically elected government of Haiti; and “(3) progress toward holding free and fair parliamentary elections; “(h) a description of issues relating to the United Nations Mission in Haiti (UNMIH), including— “(1) the preparedness of the United Nations Mission in Haiti (UNMIH) to deploy to Haiti to assume its functions; “(2) troop commitments by other nations to UNMIH; “(3) the anticipated cost to the United States of participation in UNMIH, including payments to the United Nations and financial, material and other assistance to UNMIH; “(4) proposed or actual participation of United States Armed Forces in UNMIH; “(5) proposed command arrangements for UNMIH, including proposed or actual placement of United States Armed Forces under foreign command; and “(6) the anticipated duration of UNMIH. “SEC. 4. REPORT ON HUMAN RIGHTS. “Not later than January 1, 1995 , the Secretary of State shall report to Congress on the participation or involvement of any member of the de jure or de facto Haitian government in violations of internationally-recognized human rights from December 15, 1990 , to December 15, 1994 . “SEC. 5. REPORT ON UNITED STATES AGREEMENTS. “Not later than November 15, 1994 , the Secretary of State shall provide a comprehensive report to Congress on all agreements the United States has entered into with other nations, including any assistance pledged or provided, in connection with United States efforts in Haiti. Such report shall also include information on any agreements or commitments relating to United Nations Security Council actions concerning Haiti since 1992. “SEC. 6. TRANSITION TO UNITED NATIONS MISSION IN HAITI. “Nothing in this resolution should be construed or interpreted to constitute Congressional approval or disapproval of the participation of United States Armed Forces in the United Nations Mission in Haiti.”
Pub. L. 103–160, div. A, title XV, § 1512, Nov. 30, 1993, 107 Stat. 1840, provided that:
“(a) Sense of Congress Regarding United States Policy Toward Somalia.— “(1) Since United States Armed Forces made significant contributions under Operation Restore Hope towards the establishment of a secure environment for humanitarian relief operations and restoration of peace in the region to end the humanitarian disaster that had claimed more than 300,000 lives. “(2) Since the mission of United States forces in support of the United Nations appears to be evolving from the establishment of ‘a secure environment for humanitarian relief operations,’ as set out in United Nations Security Council Resolution 794 of December 3, 1992 , to one of internal security and nation building. “(b) Statement of Congressional Policy.— “(1) Consultation with the congress .— The President should consult closely with the Congress regarding United States policy with respect to Somalia, including in particular the deployment of United States Armed Forces in that country, whether under United Nations or United States command. “(2) Planning .— The United States shall facilitate the assumption of the functions of United States forces by the United Nations. “(3) Reporting requirement.— “(A) The President shall ensure that the goals and objectives supporting deployment of United States forces to Somalia and a description of the mission, command arrangements, size, functions, location, and anticipated duration in Somalia of those forces are clearly articulated and provided in a detailed report to the Congress by October 15, 1993 . “(B) Such report shall include the status of planning to transfer the function contained in paragraph (2). “(4) Congressional approval .— Upon reporting under the requirements of paragraph (3) Congress believes the President should by November 15, 1993 , seek and receive congressional authorization in order for the deployment of United States forces to Somalia to continue.”
Pub. L. 103–139, title VIII, § 8151, Nov. 11, 1993, 107 Stat. 1475, provided that:
“(a) The Congress finds that— “(1) the United States entered into Operation Restore Hope in December of 1992 for the purpose of relieving mass starvation in Somalia; “(2) the original mission in Somalia, to secure the environment for humanitarian relief, had the unanimous support of the Senate, expressed in Senate Joint Resolution 45, passed on February 4, 1993 , and was endorsed by the House when it amended S.J. Res. 45 on May 25, 1993 ; “(3) Operation Restore Hope was being successfully accomplished by United States forces, working with forces of other nations, when it was replaced by the UNOSOM II mission, assumed by the United Nations on May 4, 1993 , pursuant to United Nations Resolution 814 of March 26, 1993 ; “(4) neither the expanded United Nations mission of national reconciliation, nor the broad mission of disarming the clans, nor any other mission not essential to the performance of the humanitarian mission has been endorsed or approved by the Senate; “(5) the expanded mission of the United Nations was, subsequent to an attack upon United Nations forces, diverted into a mission aimed primarily at capturing certain persons, pursuant to United Nations Security Council Resolution 837, of June 6, 1993 ; “(6) the actions of hostile elements in Mogadishu, and the United Nations mission to subdue those elements, have resulted in open conflict in the city of Mogadishu and the deaths of 29 Americans, at least 159 wounded, and the capture of American personnel; and “(7) during fiscal years 1992 and 1993, the United States incurred expenses in excess of $1,100,000,000 to support operations in Somalia. “(b) The Congress approves the use of United States Armed Forces in Somalia for the following purposes: “(1) The protection of United States personnel and bases; and “(2) The provision of assistance in securing open lines of communication for the free flow of supplies and relief operations through the provision of— “(A) United States military logistical support services to United Nations forces; and “(B) United States combat forces in a security role and as an interim force protection supplement to United Nations units: Provided , That funds appropriated, or otherwise made available, in this or any other Act to the Department of Defense may be obligated for expenses incurred only through March 31, 1994 , for the operations of United States Armed Forces in Somalia: Provided further , That such date may be extended if so requested by the President and authorized by the Congress: Provided further , That funds may be obligated beyond March 31, 1994 to support a limited number of United States military personnel sufficient only to protect American diplomatic facilities and American citizens, and noncombat personnel to advise the United Nations commander in Somalia: Provided further , That United States combat forces in Somalia shall be under the command and control of United States commanders under the ultimate direction of the President of the United States: Provided further , That the President should intensify efforts to have United Nations member countries immediately deploy additional troops to Somalia to fulfill previous force commitments made to the United Nations and to deploy additional forces to assume the security missions of United States Armed Forces: Provided further , That— “(i) captured United States personnel in Somalia should be treated humanely and fairly; and “(ii) the United States and the United Nations should make all appropriate efforts to ensure the immediate and safe return of any future captured United States personnel: Provided further , That the President should ensure that, at all times, United States military personnel in Somalia have the capacity to defend themselves, and American citizens: Provided further , That the United States Armed Forces should remain deployed in or around Somalia until such time as all American service personnel missing in action in Somalia are accounted for, and all American service personnel held prisoner in Somalia are released: Provided further , That nothing herein shall be deemed to restrict in any way the authority of the President under the Constitution to protect the lives of Americans.”
Pub. L. 102–1, Jan. 14, 1991, 105 Stat. 3, as amended by Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 207], Nov. 29, 1999, 113 Stat. 1536, 1501A–422, known as the Authorization for Use of Military Force Against Iraq Resolution, which authorized the President to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 in order to achieve implementation of Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677, subject to determination of necessity and with reporting requirements, was repealed by Pub. L. 119–60, div. H, title LXXXIII, § 8370(1), Dec. 18, 2025, 139 Stat. 1907.
Pub. L. 98–525, title III, § 310, Oct. 19, 1984, 98 Stat. 2516, provided that:
“(a) The Congress makes the following findings: “(1) The President has stated that there is no need to introduce United States Armed Forces into Central America for combat and that he has no intention of doing so. “(2) The President of El Salvador has stated that there is no need for United States Armed Forces to conduct combat operations in El Salvador and that he has no intention of asking that they do so. “(3) The possibility of the introduction of United States Armed Forces into Central America for combat raises very grave concern in the Congress and the American people. “(b) It is the sense of Congress that— “(1) United States Armed Forces should not be introduced into or over the countries of Central America for combat; and “(2) if circumstances change from those present on the date of the enactment of this Act and the President believes that those changed circumstances require the introduction of United States Armed Forces into or over a country of Central America for combat, the President should consult with Congress before any decision to so introduce United States Armed Forces and any such introduction of United States Armed Forces must comply with the War Powers Resolution [this chapter].”
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8101], Oct. 12, 1984, 98 Stat. 1904, 1942, provided that:
“(a) The Congress makes the following findings: “(1) The President has stated that there is no need to introduce United States Armed Forces into Central America for combat and that he has no intention of doing so. “(2) The President of El Salvador has stated that there is no need for United States Armed Forces to conduct combat operations in El Salvador and that he has no intention of asking that they do so. “(3) The possibility of the introduction of United States Armed Forces into Central America for combat raises very grave concern in the Congress and the American people. “(b) It is the sense of Congress that— “(1) United States Armed Forces should not be introduced into or over the countries of Central America for combat; and “(2) if circumstances change from those present on the date of the enactment of this Act [ Oct. 12, 1984 ] and the President believes that those changed circumstances require the introduction of United States Armed Forces into or over a country of Central America for combat, the President should consult with Congress before any decision to so introduce United States Armed Forces and any such introduction of United States Armed Forces must comply with the War Powers Resolution [this chapter].”
Pub. L. 98–119, Oct. 12, 1983, 97 Stat. 805, provided that:
“short title “Section 1. This joint resolution may be cited as the ‘Multinational Force in Lebanon Resolution’. “findings and purpose “Sec. 2. (a) The Congress finds that— “(1) the removal of all foreign forces from Lebanon is an essential United States foreign policy objective in the Middle East; “(2) in order to restore full control by the Government of Lebanon over its own territory, the United States is currently participating in the multinational peacekeeping force (hereafter in this resolution referred to as the ‘Multinational Force in Lebanon’) which was established in accordance with the exchange of letters between the Governments of the United States and Lebanon dated September 25, 1982 ; “(3) the Multinational Force in Lebanon better enables the Government of Lebanon to establish its unity, independence, and territorial integrity; “(4) progress toward national political reconciliation in Lebanon is necessary; and “(5) United States Armed Forces participating in the Multinational Force in Lebanon are now in hostilities requiring authorization of their continued presence under the War Powers Resolution [ 50 U.S.C. 1541 et seq.]. “(b) The Congress determines that the requirements of section 4(a)(1) of the War Powers Resolution [ 50 U.S.C. 1543(a)(1) ] became operative on August 29, 1983 . Consistent with section 5(b) of the War Powers Resolution [ 50 U.S.C. 1544(b) ], the purpose of this joint resolution is to authorize the continued participation of United States Armed Forces in the Multinational Force in Lebanon. “(c) The Congress intends this joint resolution to constitute the necessary specific statutory authorization under the War Powers Resolution for continued participation by United States Armed Forces in the Multinational Force in Lebanon. “authorization for continued participation of united states armed forces in the multinational force in lebanon “Sec. 3. The President is authorized, for purposes of section 5(b) of the War Powers Resolution [ 50 U.S.C. 1544(b) ], to continue participation by United States Armed Forces in the Multinational Force in Lebanon, subject to the provisions of section 6 of this joint resolution. Such participation shall be limited to performance of the functions, and shall be subject to the limitations, specified in the agreement establishing the Multinational Force in Lebanon as set forth in the exchange of letters between the Governments of the United States and Lebanon dated September 25, 1982 , except that this shall not preclude such protective measures as may be necessary to ensure the safety of the Multinational Force in Lebanon. “reports to the congress “Sec. 4. As required by section 4(c) of the War Powers Resolution [ 50 U.S.C. 1543(c) ], the President shall report periodically to the Congress with respect to the situation in Lebanon, but in no event shall he report less often than once every three months. In addition to providing the information required by that section on the status, scope, and duration of hostilities involving United States Armed Forces, such reports shall describe in detail— “(1) the activities being performed by the Multinational Force in Lebanon; “(2) the present composition of the Multinational Force in Lebanon, including a description of the responsibilities and deployment of the armed forces of each participating country; “(3) the results of efforts to reduce and eventually eliminate the Multinational Force in Lebanon; “(4) how continued United States participation in the Multinational Force in Lebanon is advancing United States foreign policy interests in the Middle East; and “(5) what progress has occurred toward national political reconciliation among all Lebanese groups. “statements of policy “Sec. 5. (a) The Congress declares that the participation of the armed forces of other countries in the Multinational Force in Lebanon is essential to maintain the international character of the peacekeeping function in Lebanon. “(b) The Congress believes that it should continue to be the policy of the United States to promote continuing discussions with Israel, Syria, and Lebanon with the objective of bringing about the withdrawal of all foreign troops from Lebanon and establishing an environment which will permit the Lebanese Armed Forces to carry out their responsibilities in the Beirut area. “(c) It is the sense of the Congress that, not later than one year after the date of enactment of this joint resolution [ Oct. 12, 1983 ] and at least once a year thereafter, the United States should discuss with the other members of the Security Council of the United Nations the establishment of a United Nations peacekeeping force to assume the responsibilities of the Multinational Force in Lebanon. An analysis of the implications of the response to such discussions for the continuation of the Multinational Force in Lebanon shall be included in the reports required under paragraph (3) of section 4 of this resolution. “duration of authorization for united states participation in the multinational force in lebanon “Sec. 6. The participation of United States Armed Forces in the Multinational Force in Lebanon shall be authorized for purposes of the War Powers Resolution [ 50 U.S.C. 1541 et seq.] until the end of the eighteen-month period beginning on the date of enactment of this resolution [ Oct. 12, 1983 ] unless the Congress extends such authorization, except that such authorization shall terminate sooner upon the occurrence of any one of the following: “(1) the withdrawal of all foreign forces from Lebanon, unless the President determines and certifies to the Congress that continued United States Armed Forces participation in the Multinational Force in Lebanon is required after such withdrawal in order to accomplish the purposes specified in the September 25, 1982 , exchange of letters providing for the establishment of the Multinational Force in Lebanon; or “(2) the assumption by the United Nations or the Government of Lebanon of the responsibilities of the Multinational Force in Lebanon; or “(3) the implementation of other effective security arrangements in the area; or “(4) the withdrawal of all other countries from participation in the Multinational Force in Lebanon. “interpretation of this resolution “Sec. 7. (a) Nothing in this joint resolution shall preclude the President from withdrawing United States Armed Forces participation in the Multinational Force in Lebanon if circumstances warrant, and nothing in this joint resolution shall preclude the Congress by joint resolution from directing such a withdrawal. “(b) Nothing in this joint resolution modifies, limits, or supersedes any provision of the War Powers Resolution [ 50 U.S.C. 1541 et seq.] or the requirement of section 4(a) of the Lebanon Emergency Assistance Act of 1983, relating to congressional authorization for any substantial expansion in the number or role of United States Armed Forces in Lebanon. “congressional priority procedures for amendments “Sec. 8. (a) Any joint resolution or bill introduced to amend or repeal this Act shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be. Such joint resolution or bill shall be considered by such committee within fifteen calendar days and may be reported out, together with its recommendations, unless such House shall otherwise determine pursuant to its rules. “(b) Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by the yeas and nays. “(c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, unless such House shall otherwise determine by the yeas and nays. “(d) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such joint resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement.”
Pub. L. 96–342, title X, § 1008, Sept. 8, 1980, 94 Stat. 1122, provided that:
“Whereas, the National Command Authority must have the capacity to carry out any military mission which is essential to the national security of the United States having in its hands in the Rapid Deployment Force an increased capability to extend the reach of our military power in an expedited manner; and whereas, without the significant safeguard of the War Powers Resolution ( Public Law 93–148 ) [this chapter], United States foreign and defense policies could be subject to misinterpretation; it is therefore the sense of the Congress that the provisions of the War Powers Resolution be strictly adhered to and that the congressional consultation process specified by such Resolution be utilized strictly according to the terms of the War Powers Resolution.”
Memorandum of President of the United States, July 2, 2004, 69 F.R. 43723, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 4 of the Authorization for Use of Military Force Against Iraq Resolution of 2002, Public Law 107–243 [set out in a note above], and by section 3 of the Authorization for Use of Military Force Against Iraq Resolution, Public Law 102–1 [set out in a note above], to make the specified reports to the Congress.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—
into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the circumstances necessitating the introduction of United States Armed Forces;
the constitutional and legislative authority under which such introduction took place; and
the estimated scope and duration of the hostilities or involvement.
The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad.
Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.
Not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the incident, unless the President—
otherwise reports the incident within 48 hours pursuant to section 1543 of this title; or
Each report required by subsection (a) shall include—
the authority or authorities under which the United States Armed Forces were operating when the incident occurred;
the date, location, and duration of the incident and the other parties involved;
a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces;
the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and
any other information the President determines appropriate.
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 118–31, 137 Stat. 164. See note under section 101 of Title 10, Armed Forces.
Memorandum of President of the United States, Feb. 16, 2024, 89 F.R. 13261, provided:
Memorandum for the Secretary of State[,] the Secretary of Defense[, and] the Attorney General
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense, in consultation with the Secretary of State and, as appropriate, the Attorney General, the authority to transmit to certain congressional committees the report required by section 1230 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) [50 U.S.C. 1543a].
The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum.
The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
Each report submitted pursuant to section 1543(a)(1) of this title shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.
Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 1543(a)(1) of this title , whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.
Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.
Any joint resolution or bill introduced pursuant to section 1544(b) of this title at least thirty calendar days before the expiration of the sixty-day period specified in such section shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-four calendar days before the expiration of the sixty-day period specified in such section, unless such House shall otherwise determine by the yeas and nays.
Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.
Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section 1544(b) of this title . The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.
In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such resolution or bill not later than four calendar days before the expiration of the sixty-day period specified in section 1544(b) of this title . In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than the expiration of such sixty-day period.
Any concurrent resolution introduced pursuant to section 1544(c) of this title shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and one such concurrent resolution shall be reported out by such committee together with its recommendations within fifteen calendar days, unless such House shall otherwise determine by the yeas and nays.
Any concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.
Such a concurrent resolution passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, unless such House shall otherwise determine by yeas and nays.
In the case of any disagreement between the two Houses of Congress with respect to a concurrent resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such concurrent resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement.
Any joint resolution or bill introduced in either House which requires the removal of United States Armed Forces engaged in hostilities outside the territory of the United States, its possessions and territories, without a declaration of war or specific statutory authorization shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, except that any such resolution or bill shall be amendable. If such a joint resolution or bill should be vetoed by the President, the time for debate in consideration of the veto message on such measure shall be limited to twenty hours in the Senate and in the House shall be determined in accordance with the Rules of the House.
Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred—
from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter; or
from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this chapter.
Nothing in this chapter shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to November 7, 1973 , and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.
For purposes of this chapter, the term “introduction of United States Armed Forces” includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.
Nothing in this chapter—
is intended to alter the constitutional authority of the Congress or of the President, or the provisions of existing treaties; or
shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this chapter.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to any other person or circumstance shall not be affected thereby.
Not later than March 1 of each year, the President shall submit to the appropriate congressional committees a report on the legal and policy frameworks for the United States’ use of military force and related national security operations.
The report required by paragraph (1) shall include the legal, factual, and policy justifications for any changes made to such legal and policy frameworks from the preceding year, including—
a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including—
the legal and factual basis for such determination; and
a description of whether force has been used against each such foreign force, irregular force, group, or individual; and
the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force.
Not later than 30 days after the date on which a change is made to the legal and policy frameworks described in subsection (a)(1), the President shall notify the appropriate congressional committees of such change, including the legal, factual, and policy justification for such change.
The report required by subsection (a) and each notice required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees.
In this section, the term “appropriate congressional committees” means—
the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
Not later than 180 days after December 20, 2019 , and every 180 days thereafter, the President shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on actions taken pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ) against those countries or organizations described in such law, as well as any actions taken to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such forces are engaged in hostilities or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, during the preceding 180-day period.
The report required by subsection (a) shall include, with respect to the time period for which the report was submitted, the following:
A list of each country or organization with respect to which force has been used pursuant to the Authorization for Use of Military Force, including the legal and factual basis for the determination that authority under such law applies with respect to each such country or organization.
An intelligence assessment of the risk to the United States posed by each such country or organization.
A list of each country in which operations were conducted pursuant to such law and a description of the circumstances necessitating the use of force pursuant to such law, including whether the country is designated as an area of active hostilities.
A general description of the status of operations conducted pursuant to such law as well as a description of the expected scope and duration of such operations.
A list of each partner force and country with respect to which United States Armed Forces have commanded, coordinated, participated in the movement of, or accompanied the regular or irregular forces of any foreign country or government that have engaged in hostilities or there existed an imminent threat that such forces would become engaged in hostilities, including—
a delineation of any such instances in which such United States Armed Forces were or were not operating under the Authorization for Use of Military Force; and
a determination of whether the foreign forces, irregular forces, groups, or individuals against which such hostilities occurred are covered by such law.
A description of the actual and proposed contributions, including financing, equipment, training, troops, and logistical support, provided by each foreign country that participates in any international coalition with the United States to combat a country or organization described in the Authorization for Use of Military Force.
The information required under paragraphs (1) and (2) of subsection (b) shall be submitted in unclassified form.
If United States Armed Forces are introduced into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, against any country, organization, or person pursuant to statutory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting requirements under—
this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force;
the War Powers Resolution (50 U.S.C. 1541 et seq.); and
any other applicable provision of law.
At least once during each 180-day period described in subsection (a), the President shall provide to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the matters covered by the report required under this section for such period.
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 116–92, 133 Stat. 1231. See note under section 101 of Title 10, Armed Forces.
Memorandum of President of the United States, July 19, 2021, 86 F.R. 39939, provided:
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense the authority and functions vested in the President by section 1285(a) through (e) of Public Law 116–92 [50 U.S.C. 1550(a) to (e)] on the use of military force and support of partner forces to the Congress.
You are authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
CHAPTER 34— NATIONAL EMERGENCIES
SUBCHAPTER I— TERMINATING EXISTING DECLARED EMERGENCIES
All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—
any action taken or proceeding pending not finally concluded or determined on such date;
any action or proceeding based on any act committed prior to such date; or
any rights or duties that matured or penalties that were incurred prior to such date.
For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.
Pub. L. 94–412, § 1, Sept. 14, 1976, 90 Stat. 1255, provided:
“That this Act [enacting this chapter, amending section 1481 of Title 8 , Aliens and Nationality, and section 2667 of Title 10 , Armed Forces, repealing section 249 of Title 12 , Banks and Banking, section 831d of Title 16 , Conservation, section 1383 of Title 18 , Crimes and Criminal Procedure, section 211b of Title 42 , The Public Health and Welfare, and section 1742 of the former Appendix to this title, and enacting provisions set out below] may be cited as the ‘National Emergencies Act’.”
Pub. L. 94–412, title V, § 501(h), Sept. 14, 1976, 90 Stat. 1258, provided that:
“This section [amending section 1481 of Title 8 , Aliens and Nationality and section 2667 of Title 10 , Armed Forces, and repealing section 249 of Title 12 , Banks and Banking, section 831d of Title 16 , Conservation, section 1383 of Title 18 , Crimes and Criminal Procedure, and section 211b of Title 42 , The Public Health and Welfare] shall not affect— “(1) any action taken or proceeding pending not finally concluded or determined at the time of repeal; “(2) any action or proceeding based on any act committed prior to repeal; or “(3) any rights or duties that matured or penalties that were incurred prior to repeal.”
SUBCHAPTER II— DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.
Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.
Pub. L. 118–3, Apr. 10, 2023, 137 Stat. 6, provided:
“That, pursuant to section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ), the national emergency declared by the finding of the President on March 13, 2020 , in Proclamation 9994 (85 Fed. Reg. 15337) [set out below] is hereby terminated.”
Proc. No. 7463, Sept. 14, 2001, 66 F.R. 48199, provided:
A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes: sections 123, 123a, 527, 2201(c), 12006, and 12302 of title 10, United States Code, and sections 331, 359, and 367 [now 2127, 2308, and 2314] of title 14, United States Code.
This proclamation immediately shall be published in the Federal Register or disseminated through the Emergency Federal Register, and transmitted to the Congress.
This proclamation is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-sixth.
George W. Bush.
Notice of President of the United States, dated Aug. 29, 2025, 90 F.R. 42695, provided:
Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.
Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency must continue in effect beyond September 14, 2025. Therefore, I am continuing in effect for an additional year the national emergency that was declared on September 14, 2001, with respect to the terrorist threat.
This notice shall be published in the Federal Register and transmitted to the Congress.
Donald J. Trump.
Prior continuations of national emergency declared by Proc. No. 7463 were contained in the following:
Notice of President of the United States, dated Sept. 9, 2024, 89 F.R. 74101.
Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62433.
Notice of President of the United States, dated Sept. 9, 2022, 87 F.R. 55897.
Notice of President of the United States, dated Sept. 9, 2021, 86 F.R. 50835.
Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56467.
Notice of President of the United States, dated Sept. 12, 2019, 84 F.R. 48545.
Notice of President of the United States, dated Sept. 10, 2018, 83 F.R. 46067.
Notice of President of the United States, dated Sept. 11, 2017, 82 F.R. 43153.
Notice of President of the United States, dated Aug. 30, 2016, 81 F.R. 60579.
Notice of President of the United States, dated Sept. 10, 2015, 80 F.R. 55013.
Notice of President of the United States, dated Sept. 4, 2014, 79 F.R. 53279.
Notice of President of the United States, dated Sept. 10, 2013, 78 F.R. 56581.
Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56517.
Notice of President of the United States, dated Sept. 9, 2011, 76 F.R. 56633.
Notice of President of the United States, dated Sept. 10, 2010, 75 F.R. 55661.
Notice of President of the United States, dated Sept. 10, 2009, 74 F.R. 46883.
Notice of President of the United States, dated Aug. 28, 2008, 73 F.R. 51211.
Notice of President of the United States, dated Sept. 12, 2007, 72 F.R. 52465.
Notice of President of the United States, dated Sept. 5, 2006, 71 F.R. 52733.
Notice of President of the United States, dated Sept. 8, 2005, 70 F.R. 54229.
Notice of President of the United States, dated Sept. 10, 2004, 69 F.R. 55313.
Notice of President of the United States, dated Sept. 10, 2003, 68 F.R. 53665.
Notice of President of the United States, dated Sept. 12, 2002, 67 F.R. 58317.
Proc. No. 9844, Feb. 15, 2019, 84 F.R. 4949, which declared a national emergency at the southern border of the United States, was terminated by Proc. No. 10142, Jan. 20, 2021, 86 F.R. 7225, formerly set out below.
Continuations of national emergency declared by Proc. No. 9844 were contained in the following:
Notice of President of the United States, dated Jan. 15, 2021, 86 F.R. 6557.
Notice of President of the United States, dated Feb. 13, 2020, 85 F.R. 8715.
Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, provided:
In December 2019, a novel (new) coronavirus known as SARS–CoV–2 (“the virus”) was first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID–19 that has now spread globally. The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID–19. I have taken sweeping action to control the spread of the virus in the United States, including by suspending entry of foreign nationals seeking entry who had been physically present within the prior 14 days in certain jurisdictions where COVID–19 outbreaks have occurred, including the People’s Republic of China, the Islamic Republic of Iran, and the Schengen Area of Europe. The Federal Government, along with State and local governments, has taken preventive and proactive measures to slow the spread of the virus and treat those affected, including by instituting Federal quarantines for individuals evacuated from foreign nations, issuing a declaration pursuant to section 319F–3 of the Public Health Service Act (42 U.S.C. 247d–6d), and releasing policies to accelerate the acquisition of personal protective equipment and streamline bringing new diagnostic capabilities to laboratories. On March 11, 2020, the World Health Organization announced that the COVID–19 outbreak can be characterized as a pandemic, as the rates of infection continue to rise in many locations around the world and across the United States.
The spread of COVID–19 within our Nation’s communities threatens to strain our Nation’s healthcare systems. As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that causes COVID–19. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability. Additional measures, however, are needed to successfully contain and combat the virus in the United States.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621, 1631] and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b–5), do hereby find and proclaim that the COVID–19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows:
Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID–19 outbreak.
Sec. 2. Certification and Notice. In exercising this authority, the Secretary of HHS shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b–5(d)).
Sec. 3. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.
Donald J. Trump.
[National emergency declared in Proc. No. 9994, set out above, terminated by Pub. L. 118–3, Apr. 10, 2023, 137 Stat. 6, set out above.]
Continuations of the national emergency declared by Proc. No. 9994 were contained in the following:
Notice of President of the United States, dated Feb. 10, 2023, 88 F.R. 9385.
Notice of President of the United States, dated Feb. 18, 2022, 87 F.R. 10289.
Notice of President of the United States, dated Feb. 24, 2021, 86 F.R. 11599.
Proc. No. 10142, Jan. 20, 2021, 86 F.R. 7225, which terminated emergency with respect to the southern border of the United States and redirected funds diverted to border wall construction, was revoked by Proc. No. 10886, § 5, Jan. 20, 2025, 90 F.R. 8328, set out below.
Proc. No. 10886, Jan. 20, 2025, 90 F.R. 8327, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby proclaim:
America’s sovereignty is under attack. Our southern border is overrun by cartels, criminal gangs, known terrorists, human traffickers, smugglers, unvetted military-age males from foreign adversaries, and illicit narcotics that harm Americans, including America.
This invasion has caused widespread chaos and suffering in our country over the last 4 years. It has led to the horrific and inexcusable murders of many innocent American citizens, including women and children, at the hands of illegal aliens. Foreign criminal gangs and cartels have begun seizing control of parts of cities, attacking our most vulnerable citizens, and terrorizing Americans beyond the control of local law enforcement. Cartels control vast territories just south of our southern border, effectively controlling who can and cannot travel to the United States from Mexico. Hundreds of thousands of Americans have tragically died from drug overdoses because of the illicit narcotics that have flowed across the southern border.
This assault on the American people and the integrity of America’s sovereign borders represents a grave threat to our Nation.
Because of the gravity and emergency of this present danger and imminent threat, it is necessary for the Armed Forces to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control of the southern border.
To protect the security and safety of United States citizens, to protect each of the States against invasion, and to uphold my duty to take care that the laws be faithfully executed, it is my responsibility as President to ensure that the illegal entry of aliens into the United States via the southern border be immediately and entirely stopped.
As Commander in Chief, I have no more solemn duty than to protect the American people.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 [50 U.S.C. 1621, 1631] of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretaries of the military departments concerned, subject to the direction of the Secretary of Defense. To provide additional authority to the Department of Defense to support the Federal Government’s response to the emergency at the southern border, I hereby declare that this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), that the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments. I hereby direct as follows:
Section 1. Deployment of Personnel and Resources. The Secretary of Defense, or the Secretary of each relevant military department, as appropriate and consistent with applicable law, shall order as many units or members of the Armed Forces, including the Ready Reserve and the National Guard, as the Secretary of Defense determines to be appropriate to support the activities of the Secretary of Homeland Security in obtaining complete operational control of the southern border of the United States. The Secretary of Defense shall further take all appropriate action to facilitate the operational needs of the Secretary of Homeland Security along the southern border, including through the provision of appropriate detention space, transportation (including aircraft), and other logistics services in support of civilian-controlled law enforcement operations.
Sec. 2. Additional Physical Barriers. The Secretaries of Defense and Homeland Security shall immediately take all appropriate action, consistent with law, including 10 U.S.C. 2214, to construct additional physical barriers along the southern border. To the extent possible, the Secretaries of Defense and Homeland Security shall coordinate with any Governor of a State that is willing to assist with the deployment of any physical infrastructure to improve operational security at the southern border.
Sec. 3. Unmanned Aerial Systems. The Secretary of Transportation and the Federal Communications Commission shall, consistent with applicable law, consider waiving all applicable Federal Aviation Administration and Federal Communications Commission regulations or policies, respectively, that restrict the Department of Homeland Security’s ability to counter unmanned aerial systems within 5 miles of the southern border.
Sec. 4. Revision of Policies and Strategies. The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Attorney General, shall take all appropriate action, consistent with law, to prioritize the impedance and denial of the unauthorized physical entry of aliens across the southern border of the United States, and to ensure that use of force policies prioritize the safety and security of Department of Homeland Security personnel and of members of the Armed Forces.
Sec. 5. Revocation. Proclamation 10142 of January 20, 2021 (Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction) [formerly set out above], is hereby revoked.
Sec. 6. Reporting Requirement. (a) Within 30 days of the date of this proclamation [Jan. 20, 2025], the Secretary of Defense shall submit to the President, through the Homeland Security Advisor, a report outlining all actions taken to fulfill the requirements and objectives of this proclamation; and
(b) Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807 [see 10 U.S.C. 251 et seq.].
Sec. 7. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth.
Donald J. Trump.
[Scope of national emergency declared in Proc. No. 10886, set out above, expanded to cover the threat to safety and security of Americans, including the failure to combat drug trafficking into the United States, from Canada, by sec. 1(a) of Ex. Ord. No. 14193, set out as a note under section 1701 of this title.]
[Scope of national emergency declared in Proc. No. 10886, set out above, expanded to cover the failure of Mexico to combat drug trafficking into the United States, by sec. 1(a) of Ex. Ord. No. 14194, set out as a note under section 1701 of this title.]
[Scope of national emergency declared in Proc. No. 10886, set out above, expanded to cover the failure of People’s Republic of China to combat drug trafficking into the United States, by sec. 1(a) of Ex. Ord. No. 14195, set out as a note under section 1701 of this title.]
Continuations of national emergency declared by Proc. No. 10886 were contained in the following:
Notice of President of the United States, dated Jan. 12, 2026, 91 F.R. 1665.
Notice of President of the United States, dated July 15, 2025, 90 F.R. 37371.
Any national emergency declared by the President in accordance with this subchapter shall terminate if—
Any national emergency declared by the President shall be terminated on the date specified in any joint resolution referred to in clause (1) or on the date specified in a proclamation by the President terminating the emergency as provided in clause (2) of this subsection, whichever date is earlier, and any powers or authorities exercised by reason of said emergency shall cease to be exercised after such specified date, except that such termination shall not affect—
there is enacted into law a joint resolution terminating the emergency; or
the President issues a proclamation terminating the emergency.
any action taken or proceeding pending not finally concluded or determined on such date;
any action or proceeding based on any act committed prior to such date; or
any rights or duties that matured or penalties that were incurred prior to such date.
Not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated.
A joint resolution to terminate a national emergency declared by the President shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. One such joint resolution shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee, unless such House shall otherwise determine by the yeas and nays.
Any joint resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.
Such a joint resolution passed by one House shall be referred to the appropriate committee of the other House and shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee and shall thereupon become the pending business of such House and shall be voted upon within three calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.
In the case of any disagreement between the two Houses of Congress with respect to a joint resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such joint resolution within six calendar days after the day on which managers on the part of the Senate and the House have been appointed. Notwithstanding any rule in either House concerning the printing of conference reports or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed in the House in which such report is filed first. In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement.
Paragraphs (1)–(4) of this subsection, subsection (b) of this section, and section 1651(b) of this title are enacted by Congress—
as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions described by this subsection; and they supersede other rules only to the extent that they are inconsistent therewith; and
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
Any national emergency declared by the President in accordance with this subchapter, and not otherwise previously terminated, shall terminate on the anniversary of the declaration of that emergency if, within the ninety-day period prior to each anniversary date, the President does not publish in the Federal Register and transmit to the Congress a notice stating that such emergency is to continue in effect after such anniversary.
SUBCHAPTER III— EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.
SUBCHAPTER IV— ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT
When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.
All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate.
When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.
SUBCHAPTER V— APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER
The provisions of this chapter shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:
Chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
Section 3727(a)–(e)(1) of title 31.
Section 6305 of title 41.
Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.).
Section 3201(a) of title 10.
Each committee of the House of Representatives and the Senate having jurisdiction with respect to any provision of law referred to in subsection (a) of this section shall make a complete study and investigation concerning that provision of law and make a report, including any recommendations and proposed revisions such committee may have, to its respective House of Congress within two hundred and seventy days after September 14, 1976.
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
CHAPTER 35— INTERNATIONAL EMERGENCY ECONOMIC POWERS
Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Pub. L. 118–50, div. O, § 1, Apr. 24, 2024, 138 Stat. 988, provided that:
“This division [enacting section 1710 of this title , enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the ‘Strengthening Tools to Counter the Use of Human Shields Act’.”
Pub. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided that:
“This Act [enacting section 1709 of this title ] may be cited as the ‘Protecting American Intellectual Property Act of 2022’.”
Pub. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, provided that:
“This Act [amending section 2277a of Title 22 , Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021’ or the ‘RENACER Act’.”
Pub. L. 115–272, § 1(a), Oct. 25, 2018, 132 Stat. 4144, provided that:
“This Act [amending sections 9229 and 9241 of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Hizballah International Financing Prevention Amendments Act of 2018’.”
Pub. L. 114–277, § 1, Dec. 15, 2016, 130 Stat. 1409, provided that:
“This Act [amending provisions set out as a note under this section] may be cited as the ‘Iran Sanctions Extension Act’.”
Pub. L. 114–194, § 1, July 15, 2016, 130 Stat. 674, provided that:
“This Act [amending provisions set out as a note under this section] may be cited as the ‘Venezuela Defense of Human Rights and Civil Society Extension Act of 2016’.”
Pub. L. 110–96, § 1, Oct. 16, 2007, 121 Stat. 1011, provided that:
“This Act [amending section 1705 of this title and enacting provisions set out as a note under section 1705 of this title ] may be cited as the ‘International Emergency Economic Powers Enhancement Act’.”
Pub. L. 109–353, § 1, Oct. 13, 2006, 120 Stat. 2015, provided that:
“This Act [amending provisions set out as a note under this section] may be cited as the ‘North Korea Nonproliferation Act of 2006’.”
Pub. L. 109–293, § 1, Sept. 30, 2006, 120 Stat. 1344, provided that:
“This Act [amending section 5318A of Title 31 , Money and Finance, enacting provisions set out as notes under this section and section 2151 of Title 22 , Foreign Relations and Intercourse, and amending provisions set out as a note under this section] may be cited as the ‘Iran Freedom Support Act’.”
Pub. L. 109–112, § 1, Nov. 22, 2005, 119 Stat. 2366, provided that:
“This Act [enacting provisions set out as a note under this section and amending provisions set out as notes under this section and section 2797b of Title 22 , Foreign Relations and Intercourse] may be cited as the ‘Iran Nonproliferation Amendments Act of 2005’.”
Pub. L. 107–24, § 1, Aug. 3, 2001, 115 Stat. 199, provided that:
“This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘ILSA Extension Act of 2001’.”
Pub. L. 95–223, title II, § 201, Dec. 28, 1977, 91 Stat. 1626, provided that:
“This title [enacting this chapter] may be cited as the ‘International Emergency Economic Powers Act’.”
Pub. L. 115–272, title III, § 301(a), Oct. 25, 2018, 132 Stat. 4155, provided that:
“The President shall, not later than 180 days after the date of the enactment of this Act [ Oct. 25, 2018 ], prescribe regulations as necessary for the implementation of this Act [see Short Title of 2018 Amendment note set out above] and the amendments made by this Act.”
Pub. L. 95–223, title II, § 208, Dec. 28, 1977, 91 Stat. 1629, provided that:
“If any provision of this Act [enacting this chapter] is held invalid, the remainder of the Act shall not be affected thereby.”
Pub. L. 119–60, div. H, title LXXXIII, § 8319, Dec. 18, 2025, 139 Stat. 1859, provided that:
“(a) Definitions .— In this section: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Relations of the Senate; “(B) the Committee on Banking, Housing, and Urban Affairs of the Senate; “(C) the Committee on the Judiciary of the Senate; “(D) the Committee on Foreign Affairs of the House of Representatives; “(E) the Committee on Financial Services of the House of Representatives; and “(F) the Committee on the Judiciary of the House of Representatives. “(2) Economic elite .— The term ‘economic elite’ means any board member, officer, or executive of any group, committee, corporation, or other entity that exerts substantial influence or control over Haiti’s economy, infrastructure, or particular industries. “(3) Foreign person .— The term ‘foreign person’ means an individual or entity that is not a United States person. “(4) Good .— The term ‘good’ means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. “(5) Political elite .— The term ‘political elite’ means any current and former government official of Haiti, high level staff of any such official, any Haitian political party leader, and any Haitian political committee leader. “(6) United states person .— The term ‘United States person’ means— “(A) a United States citizen; “(B) an alien who has been granted permanent residence in the United States; or “(C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. “(b) Annual Report.— “(1) In general .— Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ], and annually thereafter for the following 5 years, the Secretary of State, in coordination with the heads of other Federal agencies, as appropriate, shall submit a report to the appropriate congressional committees regarding the ties between criminal gangs and political and economic elites in Haiti. “(2) Contents .— Each report submitted pursuant to paragraph (1) shall— “(A) identify and list prominent criminal gangs in Haiti and their leaders, describe their criminal activities, including coercive recruitment, and identify their primary geographic areas of operations; “(B) list Haitian political and economic elites who knowingly have direct and significant links to criminal gangs and any organizations or entities controlled by such individuals; “(C) describe in detail the relationship between the individuals identified pursuant to subparagraph (B) and the criminal gangs identified pursuant to subparagraph (A); “(D) describe in detail how political and economic elites use their relationships with criminal gangs to advance their political and economic interests and agendas; “(E) include a list of each criminal organization assessed to be trafficking Haitians and other individuals to the United States border; “(F) include an assessment of ties between political and economic elites, criminal gangs in Haiti, and transnational criminal organizations; “(G) include an assessment of how the nature and extent of collusion between political elites, economic elites, and criminal gangs threatens the Haitian people and United States national interests and activities in Haiti; “(H) include an assessment of how connections between political and economic elites and criminal gangs facilitate illicit firearms trafficking from the United States that fuels violence and instability in Haiti; and “(I) include an assessment of potential actions that the Government of the United States could take to address the ties referred to in subparagraph (F). “(3) Form of report .— The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. “(c) Sanctions.— “(1) In general .— Not later than 90 days after the submission of the each [sic] report required under subsection (b) to the appropriate congressional committees, the President— “(A) shall impose the sanctions described in subparagraph (A) and (B) of paragraph (2) with respect to any foreign person who— “(i) is identified pursuant to subparagraph (A) of subsection (b)(2); or “(ii) is identified pursuant to subparagraph (B) of subsection (b)(2) and meets the definition of political elite under subsection (a)(5); “(B) shall impose all of the sanctions described in paragraph (2)(B) with respect to any foreign person who is identified pursuant to subparagraph (B) of subsection (b)(2) and meets the definition of economic elite under subsection (a)(2); and “(C) may impose all of the sanctions described in paragraph (3) with respect to any foreign person who is identified pursuant to subparagraph (B) of subsection (b)(2) and meets the definition of economic elite under subsection (a)(2). “(2) Sanctions described .— The sanctions described in this subsection are the following: “(A) Property blocking .— Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the President may exercise all of the powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property— “(i) are in the United States; “(ii) come within the United States; or “(iii) are or come within the possession or control of a United States person. “(B) Ineligibility for visas, admission, or parole.— “(i) Visas, admission, or parole .— An alien described in paragraph (1) is— “(I) inadmissible to the United States; “(II) ineligible for a visa or other documentation to enter the United States; and “(III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). “(ii) Current visas revoked.— “(I) In general .— An alien described in paragraph (1) is subject to revocation of any visa or other entry document issued to such alien regardless of the date on which such visa or other entry document was issued. “(II) Immediate effect .— A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry document that is in the alien’s possession. “(3) Prohibitions on financial transactions .— Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the President may exercise of [sic] all powers granted to the President by such Act to the extent necessary— “(A) to prohibit any United States financial institution from making loans or providing credit to the foreign person; or “(B) [to] prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. “(4) Exceptions.— “(A) Exception to comply with international obligations .— Sanctions under this subsection shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or other applicable international obligations. “(B) Exception relating to the provision of humanitarian assistance .— Sanctions under this subsection may not be imposed with respect to transactions or the facilitation of transactions for— “(i) the sale of agricultural commodities, food, medicine, or medical devices to Haiti; “(ii) the provision of humanitarian assistance to the people of Haiti; “(iii) financial transactions relating to humanitarian assistance or for humanitarian purposes in Haiti; or “(iv) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Haiti. “(5) Licensing.— “(A) In general .— For any sanctions imposed on a political elite pursuant to this subsection, the Secretary of the Treasury shall issue such general licenses and public guidance as may be necessary to clarify that such sanctions do not apply to the following— “(i) any agency or instrumentality of the Government of Haiti with which the sanctioned person is officially associated; and “(ii) any person the sanctioned person owns or controls that contributes to meaningful economic activity in Haiti, unless the person is itself designated based on its behavior. “(B) Limiting adverse impacts on haiti .— For any sanctions imposed pursuant to paragraph (1), the Secretary of the Treasury shall issue such general licenses and public guidance as may be necessary to limit adverse impacts to employment, legitimate economic activity, and humanitarian conditions in Haiti. “(6) Implementation; penalties.— “(A) Implementation .— The President may exercise all of the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. “(B) Penalties .— The penalties under subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to any person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. “(7) Waiver .— The President may waive the application of sanctions or restrictions imposed with respect to a foreign person under this subsection if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is scheduled to take effect, that the waiver is vital to the national interests of the United States. “(8) Exception relating to importation of goods .— The authorities and requirements to impose sanctions under this subsection shall not include the authority or requirement to impose sanctions on the importation of goods. “(d) Sunset .— The provisions of this section shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act [ Dec. 18, 2025 ].”
Pub. L. 118–50, div. G, § 1, Apr. 24, 2024, 138 Stat. 954, provided that:
“(a) Report Required .— Not later than 90 days after the date of the enactment of this division [ Apr. 24, 2024 ], the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying— “(1) each foreign person currently subject to— “(A) sanctions issued by the European Union pursuant to European Union Council Regulation No. 269/2014 of 17 March, 2014, as amended; or “(B) sanctions issued by the United Kingdom pursuant to the Russia (Sanctions) (EU Exit) Regulations 2019, as amended; and “(2) each such foreign person that also meets the criteria for imposition of sanctions by the United States pursuant to— “(A) the Global Magnitsky Human Rights Accountability Act of 2016 [ Pub. L. 114–328, div. A, title XII , subtitle F] ( 22 U.S.C. 10101 et seq.); “(B) Executive Order 14024 ( 50 U.S.C. 1701 note, relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation), as amended; “(C) Executive Order 14068 ( 50 U.S.C. 1701 note, relating to prohibiting certain imports, exports, and new investment with respect to continued Russian Federation aggression), as amended; or “(D) Executive Order 14071 ( 50 U.S.C. 1701 note, relating to prohibiting new investment in and certain services to the Russian Federation in response to continued Russian Federation aggression), as amended. “(b) Imposition of Sanctions .— The President may impose the sanctions authorized by the applicable provision of law listed in subsection (a)(2) with respect to each foreign person identified in the report required under subsection (a)(1) who is not already subject to sanctions under United States law pursuant to one or more statutory sanctions authorities as of the date of the submission of such report.”
Pub. L. 118–50, div. M, Apr. 24, 2024, 138 Stat. 980, provided that:
“SEC. 1. SHORT TITLE. “This division may be cited as the ‘Hamas and Other Palestinian Terrorist Groups International Financing Prevention Act’. “SEC. 2. STATEMENT OF POLICY. “It shall be the policy of the United States— “(1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof from accessing its international support networks; and “(2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof from using goods, including medicine and dual use items, to smuggle weapons and other materials to further acts of terrorism, including against Israel. “SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS SUPPORTING ACTS OF TERRORISM OR ENGAGING IN SIGNIFICANT TRANSACTIONS WITH SENIOR MEMBERS OF HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS. “(a) In General .— Not later than 180 days after the date of enactment of this division [ Apr. 24, 2024 ], the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines, on or after the date of the enactment of this division, engages in an activity described in subsection (b). “(b) Activities Described .— A foreign person engages in an activity described in this subsection if the foreign person knowingly— “(1) assists in sponsoring or providing significant financial, material, or technological support for, or goods or other services to enable, acts of terrorism; or “(2) engages, directly or indirectly, in a significant transaction with— “(A) a senior member of Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or “(B) a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) that is responsible for providing, directly or indirectly, support to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof. “(c) Sanctions Described .— The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(d) Penalties .— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [ 50 U.S.C. 1705(a) ]. “(e) Implementation; Regulations.— “(1) In general .— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) for purposes of carrying out this section. “(2) Regulations .— Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. “(f) Waiver .— The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States. “(g) Humanitarian Assistance.— “(1) In general .— Sanctions under this section shall not apply to— “(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or “(B) transactions that are necessary for or related to the activities described in subparagraph (A). “(2) Definitions .— In this subsection: “(A) Agricultural commodity .— The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). “(B) Medical device .— The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). “(C) Medicine .— The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). “(h) Rule of Construction .— The authority to impose sanctions under this section with respect to a foreign person is in addition to the authority to impose sanctions under any other provision of law with respect to a foreign person that directly or indirectly supports acts of international terrorism. “SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN STATES PROVIDING SUPPORT TO HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS. “(a) In General .— Not later than 180 days after the date of enactment of this division [ Apr. 24, 2024 ], the President shall impose the measures described in subsection (c) with respect to a foreign state if the President determines that the foreign state, on or after the date of the enactment of this division, engages in an activity described in subsection (b). “(b) Activities Described .— A foreign state engages in an activity described in this subsection if the foreign state knowingly— “(1) provides significant material or financial support for acts of international terrorism, pursuant to— “(A) section 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) ) [sic]; “(B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); “(C) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or “(D) any other provision of law; “(2) provides significant material support to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or “(3) engages in a significant transaction that materially contributes, directly or indirectly, to the terrorist activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof. “(c) Measures Described .— The measures described in this subsection with respect to a foreign state are the following: “(1) The President shall suspend, for a period of at least 1 year, United States assistance to the foreign state. “(2) The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of 1 year, the extension by such institution of any loan or financial or technical assistance to the government of the foreign state. “(3) The President shall prohibit the export of any item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 )) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, to the foreign state for a period of 1 year. “(d) Penalties .— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [ 50 U.S.C. 1705(a) ]. “(e) Waiver .— The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of measures under this section with respect to a foreign state only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States. “(f) Implementation; Regulations.— “(1) In general .— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) for purposes of carrying out this section. “(2) Regulations .— Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. “(g) Additional Exemptions.— “(1) Status of forces agreements .— The President may exempt the application of measures under this section with respect to a foreign state if the application of such measures would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party or meeting other obligations relating to the basing of United States service members. “(2) Authorized intelligence activities .— Measures under this section shall not apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. “(3) Humanitarian assistance.— “(A) In general .— Measures under this section shall not apply to— “(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or “(ii) transactions that are necessary for or related to the activities described in clause (i). “(B) Definitions .— In this subsection: “(i) Agricultural commodity .— The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). “(ii) Medical device .— The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). “(iii) Medicine .— The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). “(h) Rule of Construction .— The authority to impose measures under this section with respect to a foreign state is in addition to the authority to impose measures under any other provision of law with respect to foreign states that directly or indirectly support acts of international terrorism. “SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HAMAS, PALESTINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS BRIGADE, THE LION’S DEN OR ANY AFFILIATE OR SUCCESSOR THEREOF. “(a) In General .— Not later than 90 days after the date of enactment of this division [ Apr. 24, 2024 ], and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes— “(1) an assessment of the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof related to fundraising, financing, and money laundering worldwide; “(2) a list of foreign states that knowingly providing [sic] material, financial, or technical support for, or goods or services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; “(3) a list of foreign states in which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof conducts significant fundraising, financing, or money laundering activities; “(4) a list of foreign states from which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof knowingly engaged in the transfer of surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or the free flow of information in Gaza; and “(5) with respect to each foreign state listed in paragraph (2), (3), or (4)— “(A) a description of the steps the foreign state identified is taking adequate measures to restrict financial flows to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliates or successors thereof; and “(B) in the case of a foreign state failing to take adequate measures to restrict financial flows to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den or any other designated entity engaged in significant act of terrorism threatening the peace and security of Israel— “(i) an assessment of the reasons that government is not taking adequate measures to restrict financial flows to those entities; and “(ii) a description of measures being taken by the United States Government to encourage the foreign state to restrict financial flows to those entities; and [sic] “(b) Form .— Each report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. “SEC. 6. TERMINATION. “This division shall terminate on the earlier of— “(1) the date that is 7 years after the date of the enactment of this division [ Apr. 24, 2024 ]; or “(2) the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that— “(A) Hamas or any successor or affiliate thereof is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); “(B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, and any successor or affiliate thereof are no longer subject to sanctions pursuant to— “(i) Executive Order No. 12947 [ 50 U.S.C. 1701 note] ( January 23, 1995 ; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and “(ii) Executive Order No. 13224 [ 50 U.S.C. 1701 note] ( September 23, 2001 ; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and “(C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, and any successor or affiliate thereof meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti-Terrorism Act of 2006 [ Pub. L. 109–446 ] ( 22 U.S.C. 2378b note). “SEC. 7. DEFINITIONS. “In this division: “(1) Act of terrorism .— The term ‘act of terrorism’ means an activity that— “(A) involves a violent act or an act dangerous to human life, property, or infrastructure; and “(B) appears to be intended to— “(i) intimidate or coerce a civilian population; “(ii) influence the policy of a government by intimidation or coercion; or “(iii) affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking. “(2) Admitted .— The term ‘admitted’ has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(13)(A) ). “(3) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and “(B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. “(4) Foreign state .— The term ‘foreign state’ has the meaning given such term in section 1603 of title 28 , United States Code. “(5) Humanitarian aid .— The term ‘humanitarian aid’ means food, medicine, and medical supplies. “(6) Material support .— The term ‘material support’ has the meaning given the term ‘material support or resources’ in section 2339A of title 18 , United States Code. “(7) United states person .— The term ‘United States person’ means— “(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or “(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.”
[Memorandum of President of the United States, § 4, Sept. 13, 2024, 89 F.R. 77758, provided:
[(a) I hereby delegate to the Secretary of State and the Secretary of the Treasury the functions and authorities vested in the President by section 3(a) of the Hamas and Other Palestinian Terrorist Groups International Financing Prevention Act (Division M of Public Law 118–50) (the “Terrorist Groups International Financing Prevention Act”) [set out above].
[(b) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 3(c) of the Terrorist Groups International Financing Prevention Act.
[(c) I hereby delegate to the Secretary of State the functions and authorities vested in the President by sections 3(f), 4(e), and 6 of the Terrorist Groups International Financing Prevention Act.
[(d) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury and the heads of other relevant executive departments and agencies as the Secretary of State deems necessary, the functions and authorities vested in the President by sections 4(a) and 4(c)(1) of the Terrorist Groups International Financing Prevention Act.
[(e) I hereby delegate to the Secretary of State and the Secretary of Commerce the functions and authorities vested in the President by section 4(c)(3) of the Terrorist Groups International Financing Prevention Act for which they are responsible under the Arms Export Control Act and the Export Control Reform Act [of 2018], respectively.
[(f) I hereby delegate to the Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce, commensurate with their respective areas of responsibility and in consultation with the heads of other relevant executive departments and agencies as appropriate, the functions and authorities vested in the President by section 4(f)(2) of the Terrorist Groups International Financing Prevention Act.
[(g) I hereby delegate to the Secretary of State, in consultation with the Secretary of Defense, the functions and authorities vested in the President by section 4(g) of the Terrorist Groups International Financing Prevention Act.
[(h) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 3(e), 4(f)(1), and 5 of the Terrorist Groups International Financing Prevention Act.
[J.R. Biden, Jr.]
Pub. L. 118–50, div. O, § 6, Apr. 24, 2024, 138 Stat. 991, provided that:
“(a) In General .— On and after the date that is 180 days after the date of the enactment of this division [ Apr. 24, 2024 ], the President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines has, on or after such date of enactment, ordered, directed, or taken material steps to carry out any use of violence or has attempted or threatened to use violence against any current or former official of the Government of the United States. “(b) Sanctions Described .— The sanctions described in this subsection are the following: “(1) Inadmissibility to united states .— In the case of a foreign person who is an individual— “(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or “(B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of the visa or other documentation. “(2) Blocking of property .— The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(c) Enforcement of Blocking of Property .— A person that violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, license, or order issued to carry out such a sanction shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. “(d) Waiver .— The President may waive the application of sanctions under this section for renewable periods not to exceed 180 days if the President— “(1) determines that such a waiver is in the vital national security interests of the United States; and “(2) not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiver. “(e) Termination and Sunset.— “(1) Termination of sanctions .— The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— “(A) credible information exists that the person did not engage in the activity for which sanctions were imposed; “(B) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or “(C) the termination of the sanctions is in the vital national security interests of the United States. “(2) Sunset .— The requirement to impose sanctions under this section shall terminate on the date that is 4 years after the date of the enactment of this division. “(f) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Foreign Affairs and the Committee on the Judiciary; and “(2) the Committee on Foreign Relations and the Committee on the Judiciary.”
[Memorandum of President of the United States, § 6(b), (c), Sept. 13, 2024, 89 F.R. 77758, 77759, provided:
[(b) I hereby delegate to the Secretary of the Treasury and the Secretary of State, in consultation with the Attorney General, the functions and authorities vested in the President by sections 6(a) and 6(e)(1) of the Countering Use of Human Shields Act [meaning section 6(a) and (e)(1) of the “Strengthening Tools to Counter the Use of Human Shields Act”, div. O of Pub. L. 118–50, set out above].
[(c) I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 6(d) of the Countering Use of Human Shields Act.
[J.R. Biden, Jr.]
Pub. L. 118–50, div. P, Apr. 24, 2024, 138 Stat. 992, provided that:
“SEC. 1. SHORT TITLE. “This division may be cited as the ‘Illicit Captagon Trafficking Suppression Act of 2023’. “SEC. 2. FINDINGS. “Congress finds the following: “(1) Industrial scale production of the amphetamine-type stimulant also known as captagon, and the illicit production of precursor chemicals, in territories held by the regime of President Bashar al Assad in Syria are becoming more sophisticated and pose a severe challenge to regional and international security. “(2) Elements of the Government of Syria are key drivers of illicit trafficking in captagon, with ministerial-level complicity in production and smuggling, using other armed groups such as Hizballah for technical and logistical support in captagon production and trafficking. “(3) As affiliates of the Government of Syria and other actors seek to export captagon, they undermine regional security by empowering a broad range of criminal networks, militant groups, mafia syndicates, and autocratic governments. “SEC. 3. STATEMENT OF POLICY. “It is the policy of the United States to target individuals, entities, and networks associated with the Government of Syria to dismantle and degrade the transnational criminal organizations, including narcotics trafficking networks, associated with the regime of President Bashar al Assad in Syria and Hizballah. “SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO ILLICIT CAPTAGON TRAFFICKING. “(a) In General .— The sanctions described in subsection (b) shall be imposed with respect to any foreign person the President determines, on or after the date of enactment of this division [ Apr. 24, 2024 ]— “(1) engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or “(2) knowingly receives any property or interest in property that the foreign person knows— “(A) constitutes or is derived from proceeds of activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or “(B) was used or intended to be used to commit or to facilitate activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon. “(b) Sanctions Described .— The sanctions described in this subsection are the following: “(1) Blocking of property .— The President shall exercise all authorities granted under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. “(2) Ineligibility for visas, admission, or parole.— “(A) Visas, admission, or parole .— An alien described in subsection (a) shall be— “(i) inadmissible to the United States; “(ii) ineligible to receive a visa or other documentation to enter the United States; and “(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). “(B) Current visas revoked.— “(i) In general .— The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. “(ii) Immediate effect .— A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) )— “(I) take effect immediately; and “(II) cancel any other valid visa or entry documentation that is in the possession of the alien. “(c) Penalties .— Any person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. “(d) Waiver.— “(1) In general .— The President may waive the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is important to the national security interests of the United States. “(2) Briefing .— Not later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver. “(e) Implementation .— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. “(f) Regulations.— “(1) In general .— The President shall, not later than 120 days after the date of the enactment of this division [ Apr. 24, 2024 ], promulgate regulations as necessary for the implementation of this section. “(2) Notification to congress .— Not later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing. “(g) Exceptions.— “(1) Exception for intelligence activities .— Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. “(2) Exception to comply with international obligations and for law enforcement activities .— Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— “(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or other applicable international obligations; or “(B) to carry out or assist authorized law enforcement activity in the United States. “(3) Humanitarian assistance.— “(A) In general .— Sanctions under this division shall not apply to— “(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or “(ii) transactions that are necessary for or related to the activities described in clause (i). “(B) Definitions .— In this subsection: “(i) Agricultural commodity .— The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). “(ii) Medical device .— The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). “(iii) Medicine .— The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). “SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERNMENT OF SYRIA, HIZBALLAH, AND NETWORKS AFFILIATED WITH THE GOVERNMENT OF SYRIA OR HIZBALLAH. “(a) In General .— Not later than 180 days after the date of the enactment of this division [ Apr. 24, 2024 ], the President shall— “(1) determine whether each foreign person described in subsection (b) meets the criteria for sanctions under this division; and “(2) submit to the appropriate congressional committees a report containing— “(A) a list of all foreign persons described in subsection (b) that meet the criteria for imposition of sanctions under this division; “(B) for each foreign person identified pursuant to subparagraph (A), a statement of whether sanctions have been imposed or will be imposed within 30 days of the submission of the report; and “(C) with respect to any person identified pursuant to subparagraph (A) for whom sanctions have not been imposed and will not be imposed within 30 days of the submission of the report, the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply such sanctions. “(b) Foreign Persons Described .— The foreign persons described in this subsection are the following: “(1) Maher Al Assad. “(2) Imad Abu Zureiq. “(3) Amer Taysir Khiti. “(4) Taher al-Kayyali. “(5) Raji Falhout. “(6) Mohammed Asif Issa Shalish. “(7) Abdellatif Hamid. “(8) Mustafa Al Masalmeh. “SEC. 6. DEFINITIONS. “In this division: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and “(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. “(2) Captagon .— The term ‘captagon’ means any compound, mixture, or preparation which contains any quantity of a stimulant in schedule I or II of section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ), including— “(A) amphetamine, methamphetamine, and fenethylline; “(B) any immediate precursor or controlled substance analogue of such a stimulant, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); and “(C) any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such a stimulant, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. “(3) Foreign person .— The term ‘foreign person’— “(A) means an individual or entity that is not a United States person; and “(B) includes a foreign state (as such term is defined in section 1603 of title 28 , United States Code). “(4) Illicit proliferation .— The term ‘illicit proliferation’ refers to any illicit activity to produce, manufacture, distribute, sell, or knowingly finance or transport. “(5) Knowingly .— The term ‘knowingly’ has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). “(6) United states person .— The term ‘United States person’ means— “(A) a United States citizen; “(B) a permanent resident alien of the United States; “(C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or “(D) a person in the United States.”
[Memorandum of President of the United States, § 7, Sept. 13, 2024, 89 F.R. 77759, provided:
[(a) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 4(a), 4(b)(1), 4(e), 4(f), and 5 of the Illicit Captagon Trafficking Suppression Act of 2023 (Division P of Public Law 118–50) (the “Captagon Suppression Act”) [set out above].
[(b) I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 4(d)(1) of the Captagon Suppression Act.
[(c) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 4(d)(2) of the Captagon Suppression Act.
[J.R. Biden, Jr.]
Pub. L. 117–263, div. E, title LVII, § 5706, Dec. 23, 2022, 136 Stat. 3418, provided that:
“(a) In General .— Not later than 1 year after the date of the enactment of this Act [ Dec. 23, 2022 ], and annually thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes a list of specific licenses issued by the Secretary in the preceding 365 days that authorizes a U.S. financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services to any of the following: “(1) The government of a state sponsor of terrorism. “(2) A person sanctioned pursuant to any of the following: “(A) Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ) [ 22 U.S.C. 5811 note]. “(B) Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 , the Global Magnitsky Human Rights Accountability Act) [ 22 U.S.C. 10101 et seq.]. “(C) Executive Order No. 13818 [listed in a table below]. “(b) Submission of Copies of Licenses on Request .— The Secretary of the Treasury shall expeditiously provide a copy of any license identified in a report required by subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 60 days after submission of the report. “(c) Business Confidential Information.— “(1) In general .— The Secretary of the Treasury shall, in the report under subsection (a) and any submissions under subsection (b), identify any proprietary information submitted by any private sector representative and mark such information as ‘business confidential information’. “(2) Treatment as trade secrets .— Business confidential information described under paragraph (1) shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5 , United States Code, and shall be exempt from disclosure under such section 552 of such title without the express approval of the private party. “(d) Authorization of Appropriations .— For the purpose of carrying out the activities authorized under this section, there is authorized to be appropriated to the Secretary of the Treasury $1,000,000. “(e) Sunset .— The section shall cease to have any force or effect after the end of the 5-year period beginning on the date of enactment of this Act [ Dec. 23, 2022 ]. “(f) Form of Report and Submissions .— A report or submission required under this section shall be submitted in unclassified form but may contain a classified annex. “(g) Appropriate Member of Congress Defined .— In this section, the term ‘appropriate Member of Congress’ has the meaning given that term under section 7132(d) of the National Defense Authorization Act for Fiscal Year 2020 [ 22 U.S.C. 9265a(d) ].”
Pub. L. 118–50, div. O, § 2, Apr. 24, 2024, 138 Stat. 988, provided that:
“It shall be the policy of the United States to fully implement and enforce sanctions against terrorist organizations and other malign actors that use innocent civilians as human shields.”
Pub. L. 115–348, Dec. 21, 2018, 132 Stat. 5055, as amended by Pub. L. 118–50, div. O, § 3, Apr. 24, 2024, 138 Stat. 988, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Sanctioning the Use of Civilians as Defenseless Shields Act’. “SEC. 2. STATEMENT OF POLICY. “It shall be the policy of the United States to officially and publicly condemn the use of innocent civilians as human shields. “SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS. “(a) Imposition of Sanctions.— “(1) Mandatory sanctions .— The President shall impose sanctions described in subsection (d) with respect to each person on the list required under subsection (b). “(2) Permissive sanctions .— The President may impose sanctions described in subsection (d) with respect to each person on the list described in subsection (c). “(b) Mandatory Sanctions List .— Not later than one year after the date of the enactment of this Act [ Dec. 21, 2018 ], and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following: “(1) Each foreign person that the President determines, on or after the date of the enactment of this Act— “(A) is a member of Hizballah or is knowingly acting on behalf of Hizballah; and “(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. “(2) Each foreign person that the President determines, on or after the date of the enactment of this Act— “(A) is a member of Hamas or is knowingly acting on behalf of Hamas; and “(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. “(3) Each foreign person that the President determines, on or after the date of the enactment of the Strengthening Tools to Counter the Use of Human Shields Act [ Apr. 24, 2024 ]— “(A) is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and “(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. “(4) Each foreign person or agency or instrumentality of a foreign state that the President determines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, controls, directs, or otherwise engages in— “(A) any act described in subparagraph (B) of paragraph (1) by a person described in that paragraph; or “(B) any act described in subparagraph (B) of paragraph (2) by a person described in that paragraph. “(c) Permissive Sanctions List .— Not later than one year after the date of the enactment of this Act [ Dec. 21, 2018 ], and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President determines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (b). “(d) Sanctions Described .— The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state under this subsection are the following: “(1) Blocking of property .— The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or agency or instrumentality of a foreign state if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(2) Aliens ineligible for visas, admission, or parole.— “(A) Visas, admission, or parole .— An alien who the Secretary of State or the Secretary of Homeland Security determines is subject to sanctions under subsection (a) is— “(i) inadmissible to the United States; “(ii) ineligible to receive a visa or other documentation to enter the United States; and “(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). “(B) Current visas revoked .— Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. “(C) Exception to comply with united nations headquarters agreement and other international obligations .— The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or with other applicable international obligations. “(e) Congressional Requests .— Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (b) or (c), the President shall— “(1) determine if the person meets such criteria; and “(2) submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions described in subsection (b) or (c) with respect to such person. “(f) Penalties .— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of such Act. “(g) Procedures for Judicial Review of Classified Information.— “(1) In general .— If a finding under this section, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera. “(2) Rule of construction .— Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under this section or any prohibition, condition, or penalty imposed as a result of any such finding. “(h) Waiver .— The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such waiver is in the national security interest of the United States. “(i) Regulatory Authority.— “(1) In general .— The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) for purposes of carrying out this section. “(2) Issuance of regulations .— Not later than 180 days after the date of the enactment of this Act [ Dec. 21, 2018 ], the President shall prescribe such regulations as may be necessary to implement this section. “(j) Rule of Construction .— Nothing in this section may be construed— “(1) to limit the authorities of the President pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) or any other relevant provision of law; or “(2) to apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. “SEC. 4. DEFINITIONS. “In this Act: “(1) Admitted; alien .— The terms ‘admitted’ and ‘alien’ have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). “(2) Agency or instrumentality of a foreign state .— The term ‘agency or instrumentality of a foreign state’ has the meaning given that term in section 1603(b) of title 28 , United States Code. “(3) Appropriate congressional committees .— In this section, the term ‘appropriate congressional committees’ means— “(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and “(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. “(4) Foreign person .— The term ‘foreign person’ means— “(A) any citizen or national of a foreign state, wherever located; or “(B) any entity not organized solely under the laws of the United States or existing solely in the United States. “(5) Hamas .— The term ‘Hamas’ means— “(A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or “(B) any person identified as an agent or instrumentality of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). “(6) Hizballah .— The term ‘Hizballah’ means— “(A) the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or “(B) any person identified as an agent or instrumentality of Hizballah on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). “(7) Palestine islamic jihad .— The term ‘Palestine Islamic Jihad’ means— “(A) the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or “(B) any person identified as an agent or instrumentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). “(8) United states person .— The term ‘United States person’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. “SEC. 5. SUNSET. “This Act shall cease to be effective on December 31, 2030 . “SEC. 6. SEVERABILITY. “If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.”
[Memorandum of President of the United States, May 24, 2019, 84 F.R. 27697, delegated to the Secretary of State the functions and authorities vested in the President by section 3(g) of Pub. L. 115–348, set out above, and delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 3(a), (b), (c), (d)(1), and (h) of Pub. L. 115–348, and any future Act that is the same or substantially the same as such provisions.]
Pub. L. 117–54, §§ 5, 6, 14, Nov. 10, 2021, 135 Stat. 416, 417, 422, provided that:
“SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS. “(a) Coordinated Strategy.— “(1) In general .— The Secretary of State and the Secretary of the Treasury, in consultation with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), shall develop and implement a coordinated strategy to align diplomatic engagement efforts with the implementation of targeted sanctions in order to support efforts to facilitate the necessary conditions for free, fair, and transparent elections in Nicaragua. “(2) Briefing required .— Not later than 90 days after the date of the enactment of this Act [ Nov. 10, 2021 ], and every 90 days thereafter until December 31, 2022 , the Secretary of State and the Secretary of the Treasury shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on steps to be taken by the United States Government to develop and implement the coordinated strategy required by paragraph (1). “(b) Targeted Sanctions Prioritization.— “(1) In general .— Pursuant to the coordinated strategy required by subsection (a), the President shall prioritize the implementation of the targeted sanctions required under section 5 of the Nicaragua Investment Conditionality Act of 2018 [ Pub. L. 115–335 , set out below]. “(2) Targets .— In carrying out paragraph (1), the President— “(A) shall examine whether foreign persons involved in directly or indirectly obstructing the establishment of conditions necessary for the realization of free, fair, and transparent elections in Nicaragua are subject to sanctions under section 5 of the Nicaragua Investment Conditionality Act of 2018; and “(B) should, in particular, examine whether the following persons have engaged in conduct subject to such sanctions: “(i) Officials in the government of President Daniel Ortega. “(ii) Family members of President Daniel Ortega. “(iii) High-ranking members of the National Nicaraguan Police. “(iv) High-ranking members of the Nicaraguan Armed Forces. “(v) Members of the Supreme Electoral Council of Nicaragua. “(vi) Officials of the Central Bank of Nicaragua. “(vii) Party members and elected officials from the Sandinista National Liberation Front and their family members. “(viii) Individuals or entities affiliated with businesses engaged in corrupt financial transactions with officials in the government of President Daniel Ortega, his party, or his family. “(ix) Individuals identified in the report required by section 8 [ 135 Stat. 418 ] as involved in significant acts of public corruption in Nicaragua. “SEC. 6. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY WITH DIPLOMATIC PARTNERS. “(a) Findings .— Congress makes the following findings: “(1) On June 21, 2019 , the Government of Canada, pursuant to its Special Economic Measures Act, designated 9 officials of the Government of Nicaragua for the imposition of sanctions in response to gross and systematic human rights violations in Nicaragua. “(2) On May 4, 2020 , the European Union imposed sanctions with respect to 6 officials of the Government of Nicaragua identified as responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua. “(3) On October 12, 2020 , the European Union extended its authority to impose restrictive measures on ‘persons and entities responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua, as well as persons and entities whose actions, policies or activities otherwise undermine democracy and the rule of law in Nicaragua, and persons associated with them’. “(b) Sense of Congress .— It is the sense of Congress that the United States should encourage the Government of Canada, the European Union and governments of members [sic] countries of the European Union, and governments of countries in Latin America and the Caribbean to use targeted sanctions with respect to persons involved in human rights violations and the obstruction of free, fair, and transparent elections in Nicaragua. “(c) Coordinating International Sanctions .— The Secretary of State, working through the head of the Office of Sanctions Coordination established by section 1(h) [now section 1( l )] of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(h) [now 22 U.S.C. 2651a ( l )]), and in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with governments of countries that are partners of the United States, including the Government of Canada, governments of countries in the European Union, and governments of countries in Latin America and the Caribbean, to impose targeted sanctions with respect to the persons described in section 5(b) in order to advance democratic elections in Nicaragua. “(d) Briefing Requirement .— Not later than 90 days after the date of the enactment of this Act [ Nov. 10, 2021 ], and every 90 days thereafter until December 31, 2022 , the Secretary of State, in consultation with the Secretary of the Treasury, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation of this section. “SEC. 14. DEFINITION. “In this Act [see Short Title of 2021 Amendment note set out above], the term ‘Nicaragua Investment Conditionality Act of 2018’ means the Public Law 115–335 ( 50 U.S.C. 1701 note), as amended by section 13.”
Pub. L. 115–335, Dec. 20, 2018, 132 Stat. 5019, as amended by Pub. L. 117–54, §§ 4, 13, Nov. 10, 2021, 135 Stat. 415, 421, provided that:
“SECTION 1. SHORT TITLE; TABLE OF CONTENTS. “(a) Short Title .— This Act may be cited as the ‘Nicaragua Investment Conditionality Act of 2018’ or the ‘NICA Act’. “(b) Table of Contents .— [Omitted.] “SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO NICARAGUA’S CRISIS. “It is the sense of Congress that— “(1) credible negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes— “(A) a commitment to hold early elections that meet democratic standards and permit credible international electoral observation; “(B) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and “(C) independent investigations into the killings of protesters; and “(2) negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, have not resulted in an agreement as of the date of the enactment of this Act [ Dec. 20, 2018 ] because the Government of Nicaragua has failed to credibly participate in the process. “SEC. 3. STATEMENT OF POLICY. “It is the policy of the United States to support— “(1) the rule of law and an independent judiciary and electoral council in Nicaragua; “(2) democratic governance in Nicaragua; “(3) free and fair elections overseen by credible domestic and international observers in Nicaragua; and “(4) anti-corruption and transparency efforts in Nicaragua. “SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING TO NICARAGUA. “(a) Sense of Congress .— It is the sense of Congress that the Secretary of the Treasury should take all possible steps, including through the full implementation of the exceptions set forth in subsection (c), to ensure that the restrictions required under subsection (b) do not negatively impact the basic human needs of the people of Nicaragua. “(b) Restrictions .— The Secretary of the Treasury shall— “(1) instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; “(2) instruct the United States Executive Director of the Inter-American Development Bank to use the voice, vote, and influence of the United States to oppose the extension by the Bank of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; and “(3) instruct the United States Executive Director of each other international financial institution, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the International Covenant on Civil and Political Rights. “(c) Exceptions for Basic Human Needs and Democracy Promotion .— The restrictions under paragraphs (1) and (2) of subsection (b) shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in Nicaragua. “(d) Increased Oversight.— “(1) In general .— The United States Executive Director at each international financial institution of the World Bank Group, the United States Executive Director at the Inter-American Development Bank, and the United States Executive Director at each other international financial institution, including the International Monetary Fund, shall take all practicable steps— “(A) to increase scrutiny of any loan or financial or technical assistance provided for a project in Nicaragua; and “(B) to ensure that the loan or assistance is administered through an entity with full technical, administrative, and financial independence from the Government of Nicaragua. “(2) Mechanisms for increased scrutiny .— The United States Executive Director at each international financial institution described in paragraph (1) shall use the voice, vote, and influence of the United States to encourage that institution to increase oversight mechanisms for new and existing loans or financial or technical assistance provided for a project in Nicaragua. “(e) Interagency Consultation .— Before implementing the restrictions described in subsection (b), or before exercising an exception under subsection (c), the Secretary of the Treasury shall consult with the Secretary of State and with the Administrator of the United States Agency for International Development to ensure that all loans and financial or technical assistance to Nicaragua are consistent with United States foreign policy objectives as defined in section 3. “(f) Report .— Not later than 180 days after the date of the enactment of the RENACER Act [ Nov. 10, 2021 ], and annually thereafter until the termination date specified in section 10, the Secretary of the Treasury, in coordination with the Secretary of State and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the implementation of this section, which shall include— “(1) summary of any loans and financial and technical assistance provided by international financial institutions for projects in Nicaragua; “(2) a description of the implementation of the restrictions described in subsection (b); “(3) an identification of the occasions in which the exceptions under subsection (c) are exercised and an assessment of how the loan or assistance provided with each such exception may address basic human needs or promote democracy in Nicaragua; “(4) a description of the results of the increased oversight conducted under subsection (d); and “(5) a description of international efforts to address the humanitarian needs of the people of Nicaragua. “SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA. “(a) In General .— The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines— “(1) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indirectly, any activity described in subsection (b); “(2) to be a leader of— “(A) an entity that has, or whose members have, engaged in any activity described in subsection (b); or “(B) an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the leader; “(3) to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of— “(A) an activity described in subsection (b); or “(B) a person whose property and interests in property are blocked under subsection (c)(1)(A); or “(4) to be owned or controlled by, or to have knowingly acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A). “(b) Activities Described .— An activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018 : “(1) Significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018 . “(2) Significant actions or policies that undermine democratic processes or institutions. “(3) Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, including— “(A) the expropriation of private or public assets for personal gain or political purposes; “(B) corruption related to government contracts; “(C) bribery; or “(D) the facilitation or transfer of the proceeds of corruption. “(4) The arrest or prosecution of a person, including an individual or media outlet disseminating information to the public, primarily because of the legitimate exercise by such person of the freedom of speech, assembly, or the press. “(c) Sanctions Described.— “(1) In general .— The sanctions described in this subsection are the following: “(A) Asset blocking .— The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(B) Exclusion from the united states and revocation of visa or other documentation .— In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. “(2) Penalties .— A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. “(3) Exception relating to importation of goods .— The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. “(4) Exception to comply with united nations headquarters agreement .— Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or other applicable international obligations. “(d) Implementation; Regulatory Authority.— “(1) Implementation .— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. “(2) Regulatory authority .— The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. “SEC. 6. ANNUAL CERTIFICATION AND WAIVER. “(a) Certification .— Not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2018 ], and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps— “(1) to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council; “(2) to combat corruption, including by investigating and prosecuting cases of public corruption; “(3) to protect civil and political rights, including the rights of freedom of the press, speech, and association, for all people of Nicaragua, including political opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists; “(4) to investigate and hold accountable officials of the Government of Nicaragua and other persons responsible for the killings of individuals associated with the protests in Nicaragua that began on April 18, 2018 ; and “(5) to hold free and fair elections overseen by credible domestic and international observers[.] “(b) Waiver.— “(1) Temporary general waiver .— If the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification. “(2) National interest waiver .— The President may waive the application of the restrictions under section 4 and sanctions under section 5 if the President— “(A) determines that such a waiver is in the national interest of the United States; and “(B) submits to the appropriate congressional committees a notice of and justification for the waiver. “(3) Sense of congress .— It is the sense of Congress that the President should exercise the waiver authority provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection. “(c) Consultation .— In preparing a certification required by subsection (a), the Secretary shall consult with the appropriate congressional committees. “(d) Annual Briefing .— The Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effective steps as described in subsection (a). “SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA. “(a) In General .— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on— “(1) the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in human rights violations, acts of significant corruption, and money laundering; and “(2) persons that transfer, or facilitate the transfer of, goods or technologies for use in or with respect to Nicaragua, that are used by the Government of Nicaragua to commit serious human rights violations against the people of Nicaragua. “(b) Form .— The report required by subsection (a) may be classified. “SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY. “Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on a strategy— “(1) for engaging relevant elements of civil society in Nicaragua, including independent media, human rights, and anti-corruption organizations, to strengthen rule of law and increase accountability for human rights abuses and corruption in Nicaragua; and “(2) setting forth measures to support the protection of human rights and anti-corruption advocates in Nicaragua. “SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. [Amended section 603(f)(1) of Pub. L. 114–323 , which is not classified to the Code.] “SEC. 10. TERMINATION. “The provisions of this Act (other than section 9) shall terminate on December 31, 2023 . “SEC. 11. DEFINITIONS. “In this Act: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and “(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. “(2) Good .— The term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. “(3) Person .— The term ‘person’ means an individual or entity. “(4) United states person .— The term ‘United States person’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity), or any person in the United States.”
[Memorandum of President of the United States, May 24, 2019, 84 F.R. 27695, delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(a) of Pub. L. 115–335, set out above, with respect to making a determination under the standards set forth in sections 5(a)(1)–(4); to the Secretary of the Treasury the functions and authorities vested in the President by section 5(a), with respect to the imposition of the sanctions in section 5(c)(1)(A) following a determination by the Secretary of the Treasury under section 5(a); to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(d); to the Secretary of State the functions and authorities vested in the President by section 5(a), with respect to the imposition of the sanctions in section 5(c)(1)(B) following a determination by the Secretary of the Treasury under section 5(a); and to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 6(b). A reference to a provision of Pub. L. 115–335 so delegated is deemed to refer to a provision of any future Act that is the same or substantially the same.]
Pub. L. 115–272, title II, § 201(a), Oct. 25, 2018, 132 Stat. 4150, provided that:
“It is the policy of the United States to determine if individuals and entities that are designated by the United States Government on or after the date of the enactment of this Act [ Oct. 25, 2018 ] as being associated with Hizballah are engaged in transnational organized crime or related activities on or after such date of enactment.”
Pub. L. 114–102, Dec. 18, 2015, 129 Stat. 2205, as amended by Pub. L. 115–272, title I, §§ 101(a), 102–103(a), 104(a), title II, §§ 201(b), (c), 202(a), 203(a), title III, § 302(a), (c), Oct. 25, 2018, 132 Stat. 4144, 4146, 4147, 4149–4152, 4155, 4156; Pub. L. 117–263, div. F, title LXVIII, § 6811(e), Dec. 23, 2022, 136 Stat. 3601, provided that:
“SECTION 1. SHORT TITLE; TABLE OF CONTENTS. “(a) Short Title .— This Act may be cited as the ‘Hizballah International Financing Prevention Act of 2015’. “(b) Table of Contents .— [Omitted.] “SEC. 2. STATEMENT OF POLICY. “It shall be the policy of the United States to— “(1) prevent Hizballah’s global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and “(2) utilize all available diplomatic, legislative, and executive avenues to combat the global criminal activities of Hizballah as a means to block that organization’s ability to fund its global terrorist activities. “TITLE I— PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL AND OTHER INSTITUTIONS “SEC. 101. MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND RECRUITMENT ACTIVITIES FOR HIZBALLAH. “(a) In General .— The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly provides significant financial, material, or technological support for or to— “(1) Bayt al-Mal, Jihad al-Bina, the Islamic Resistance Support Association, the Foreign Relations Department of Hizballah, the External Security Organization of Hizballah, or any successor or affiliate thereof as designated by the President; “(2) al-Manar TV, al Nour Radio, or the Lebanese Media Group, or any successor or affiliate thereof as designated by the President; “(3) a foreign person determined by the President to be engaged in fundraising or recruitment activities for Hizballah; or “(4) a foreign person owned or controlled by a person described in paragraph (1), (2), or (3). “(b) Sanctions Described .— The sanctions described in this subsection are the following: “(1) Asset blocking .— The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(2) Aliens ineligible for visas, admission, or parole.— “(A) Visas, admission, or parole .— An alien who the Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) determines is subject to subsection (a) is— “(i) inadmissible to the United States; “(ii) ineligible to receive a visa or other documentation to enter the United States; and “(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). “(B) Current visas revoked.— “(i) In general .— The Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who the President determines is subject to subsection (a), regardless of when issued. “(ii) Effect of revocation .— A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the alien. “(c) Waiver.— “(1) In general .— The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States. “(2) Briefing .— Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to a foreign person, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the foreign person in activities described in subsection (a). “(d) Definitions .— In this section: “(1) Admitted; alien .— The terms ‘admitted’ and ‘alien’ have meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). “(2) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and “(B) the Committee on Foreign Relations, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. “(3) Entity .— The term ‘entity’ means a partnership, association, corporation, or other organization, group, or subgroup. “(4) Foreign person .— The term ‘foreign person’ means any person that is not a United States person. “(5) Hizballah .— The term ‘Hizballah’ has the meaning given such term in section 102(e). “(6) Person .— The term ‘person’ means an individual or entity. “(7) United states person .— The term ‘United States person’ means a United States citizen, an alien lawfully admitted for permanent residence, an entity organized under the laws of the United States (including foreign branches), or a person in the United States. “SEC. 102. SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS. “(a) Prohibitions and Conditions With Respect to Certain Accounts Held by Foreign Financial Institutions.— “(1) In general .— Not later than 120 days after the date of the enactment of this Act [ Dec. 18, 2015 ], the President shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines, on or after such date of enactment, engages in an activity described in paragraph (2). “(2) Activities described .— A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution— “(A) knowingly facilitates a significant transaction or transactions for Hizballah; “(B) knowingly facilitates a significant transaction or transactions of a person identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury and the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) for acting on behalf of or at the direction of, or being owned or controlled by, Hizballah; “(C) knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); or “(D) knowingly facilitates a significant transaction or transactions or provides significant financial services to carry out an activity described in subparagraph (A), (B), or (C). “(b) Waiver.— “(1) In general .— The President may waive, on a case-by-case basis, the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) for a period of not more than 180 days, and may renew the waiver for additional periods of not more than 180 days, on and after the date on which the President— “(A) determines that such a waiver is in the national security interests of the United States; and “(B) submits to the appropriate congressional committees a report describing the reasons for such determination. “(2) Form .— The report required by paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex. “(c) Special Rule To Allow for Termination of Sanctionable Activity .— The President shall not be required to apply sanctions to a foreign financial institution described in subsection (a) if the President certifies in writing to the appropriate congressional committees that— “(1) the foreign financial institution— “(A) is no longer engaging in the activity described in subsection (a)(2); or “(B) has taken and is continuing to take significant verifiable steps toward terminating the activity described in that subsection; and “(2) the President has received reliable assurances from the government with primary jurisdiction over the foreign financial institution that the foreign financial institution will not engage in any activity described in subsection (a)(2) in the future. “(d) Report on Financial Institutions Organized Under the Laws of State Sponsors of Terrorism.— “(1) In general .— Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and every 2 years thereafter for a period not to exceed 4 years, the President shall submit to the appropriate congressional committees a report that— “(A) identifies each foreign financial institution described in paragraph (2) that the President determines engages in one or more activities described in subsection (a)(2); and “(B) provides a detailed description of each such activity. “(2) Foreign financial institution described.— “(A) In general .— A foreign financial institution described in this paragraph is a foreign financial institution— “(i) that, wherever located, is— “(I) organized under the laws of a state sponsor of terrorism or any jurisdiction within a state sponsor of terrorism; “(II) owned or controlled by the government of a state sponsor of terrorism; “(III) located in the territory of a state sponsor of terrorism; or “(IV) owned or controlled by a foreign financial institution described in subclause (I), (II), or (III); and “(ii) the capitalization of which exceeds $10,000,000. “(B) State sponsor of terrorism defined .— In this paragraph, the term ‘state sponsor of terrorism’ means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism for purposes of— “(i) section 1754(c) of the Export Control Reform Act of 2018 [ 50 U.S.C. 4813(c) ]; “(ii) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); “(iii) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or “(iv) any other provision of law. “(e) Definitions.— “(1) In general .— In this section: “(A) Account; correspondent account; payable-through account .— The terms ‘account’, ‘correspondent account’, and ‘payable-through account’ have the meanings given those terms in section 5318A of title 31 , United States Code. “(B) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(i) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and “(ii) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. “(C) Financial institution .— The term ‘financial institution’ means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31 , United States Code. “(D) Foreign financial institution .— The term ‘foreign financial institution’ has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations. “(E) Hizballah .— The term ‘Hizballah’ means— “(i) the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or “(ii) any person— “(I) the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.); and “(II) who is identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury as an agent, instrumentality, or affiliate of Hizballah. “(F) Money laundering .— The term ‘money laundering’ includes the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial institution. “(2) Other definitions .— The President may further define the terms used in this section in the regulations prescribed under this section. “SEC. 103. SANCTIONS AGAINST CERTAIN AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES. “(a) Sanctions.— “(1) In general .— Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and as appropriate thereafter, the President shall impose the sanctions described in paragraph (3) with respect to an agency or instrumentality of a foreign state described in paragraph (2). “(2) Agency or instrumentality of a foreign state described .— An agency or instrumentality of a foreign state is described in this paragraph if the President determines that the agency or instrumentality has, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, knowingly— “(A) conducted significant joint combat operations with, or significantly supported combat operations of, Hizballah; or “(B) provided significant financial support for or to, or significant arms or related materiel to, Hizballah. “(3) Sanctions described .— The sanctions described in this paragraph are the exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of an agency or instrumentality of a foreign state if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(b) Waiver.— “(1) In general .— The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section with respect to an agency or instrumentality of a foreign state if the President certifies to the appropriate congressional committees that such waiver is vital to the national security interests of the United States. “(2) Briefing .— Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to an agency or instrumentality of a foreign state, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the agency or instrumentality in activities described in subsection (a)(2). “(c) Special Rule .— The President shall not be required to impose sanctions under this section with respect to an agency or instrumentality of a foreign state if the Secretary certifies in writing to the appropriate congressional committees that— “(1) the agency or instrumentality— “(A) is no longer engaging in activities described in subsection (a)(2); or “(B) has taken and is continuing to take significant verifiable steps toward terminating such activities; and “(2) the President has received reliable assurances from the government of the foreign state that the agency or instrumentality will not engage in any activity described in subsection (a)(2) in the future. “(d) Definitions .— In this section: “(1) Agency or instrumentality of a foreign state .— The term ‘agency or instrumentality of a foreign state’ has the meaning given the term in section 1603(b) of title 28 , United States Code. “(2) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and “(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, Committee on Finance, Committee on Appropriations, and the Select Committee on Intelligence of the Senate. “(3) Arms or related materiel .— The term ‘arms or related materiel’ means— “(A) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons; “(B) ballistic or cruise missile weapons or materials or components of such weapons; and “(C) destabilizing numbers and types of advanced conventional weapons. “(4) Hizballah .— The term ‘Hizballah’ has the meaning given such term in section 102(e). “(5) United states person .— The term ‘United States person’ has the meaning given such term in section 101(d). “SEC. 104. DIPLOMATIC INITIATIVES TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH’S ILLICIT NETWORKS. “Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], the President shall instruct the Secretary of State, in consultation with the Secretary of the Treasury, to increase cooperation with foreign governments to assist in strengthening the capacity of such governments to prevent hostile activity by Iran and disrupt and degrade Hizballah’s illicit activities, including diplomatic engagement that involves— “(1) efforts to target and expose illicit finance networks, arrest perpetrators, freeze assets, and address Iran and Hizballah’s use of illicit financial networks using international trade and banking systems; “(2) efforts to assist willing governments with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter-organized crime judicial model in jurisdictions plagued with corruption; and “(3) efforts to persuade governments to list Hizballah as a terrorist organization. “SEC. 105. IMPLEMENTATION; PENALTIES; JUDICIAL REVIEW; EXEMPTIONS; RULE OF CONSTRUCTION. “(a) Implementation .— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out sections 101, 102, 103, and 201 of this Act. “(b) Penalties .— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out section 101, 102, 103, or 201 of this Act to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. “(c) Procedures for Judicial Review of Classified Information.— “(1) In general .— If a finding under section 101, 102, 103, or 201 of this Act, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera. “(2) Rule of construction .— Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under section 101, 102, 103, or 201 of this Act, or any prohibition, condition, or penalty imposed as a result of any such finding. “(d) Exemptions .— The following activities shall be exempt from sections 101, 102, 103, and 201 of this Act: “(1) Any authorized intelligence, law enforcement, or national security activities of the United States. “(2) Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United States, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , or the Convention on Consular Relations, done at Vienna April 24, 1963 , and entered into force March 19, 1967 , or any other United States international agreement. “(e) Rule of Construction .— Nothing in section 101, 102, 103, or 201 of this Act shall be construed to limit the authority of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) or under any other provision of law. “(f) Exception Relating to Importation of Goods.— “(1) In general .— The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. “(2) Definition .— In this subsection, the term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. “TITLE II— SANCTIONS AND REPORTS RELATING TO NARCOTICS TRAFFICKING AND SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH “SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO AFFILIATED NETWORKS OF HIZBALLAH FOR TRANSNATIONAL CRIMINAL ACTIVITIES. “(a) In General .— The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], impose the sanctions described in subsection (b) with respect to affiliated networks of Hizballah, including, as appropriate, by reason of significant transnational criminal activities engaged in by such networks. “(b) Sanctions Described .— The sanctions described in this subsection are sanctions applicable with respect to Hizballah pursuant to any provision of law, including Executive Order 13581 ( 50 U.S.C. 1701 note; relating to blocking property of transnational criminal organizations) (as such Executive Order was in effect on the day before the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018). “(c) Waiver .— The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States. “(d) Definitions .— In this section: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on Appropriations, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and “(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. “(2) Hizballah .— The term ‘Hizballah’ has the meaning given such term in section 102(e). “SEC. 202. REPORT ON RACKETEERING ACTIVITIES ENGAGED IN BY HIZBALLAH. “(a) In General .— Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], the President shall submit to the appropriate congressional committees a report on information regarding activities that Hizballah, and agents and affiliates of Hizballah, have engaged in that are racketeering activities, including any patterns regarding such racketeering activities. “(b) Form of Report .— Each report required under subsection (a) shall be submitted in an unclassified form but may contain a classified annex. “(c) Definitions .— In this section: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives; and “(B) the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate. “(2) Hizballah .— The term ‘Hizballah’ has the meaning given such term in section 102(e). “(3) Racketeering activity .— The term ‘racketeering activity’ means any activity that would be considered a racketeering activity (as defined in section 1961(1) of title 18 , United States Code) if the activity were engaged in the United States or by a United States person. “(4) United states person .— The term ‘United States person’ has the meaning given such term in section 101(d). “SEC. 203. REWARDS FOR JUSTICE AND HIZBALLAH’S FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES. “(a) Report .— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2015 ], the Secretary of State shall submit to the appropriate congressional committees a report that details actions taken by the Department of State through the Department of State rewards program under section 36 of the State Department Basic Authorities Act [of 1956] ( 22 U.S.C. 2708 ) to obtain information on fundraising, financing, and money laundering activities of Hizballah and its agents and affiliates. “(b) Briefing .— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2015 ], and annually thereafter, the Secretary of State shall provide a briefing to the appropriate congressional committees on the status of the actions described in subsection (a). “(c) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and “(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. “SEC. 204. REPORT ON ACTIVITIES OF FOREIGN GOVERNMENTS TO DISRUPT GLOBAL LOGISTICS NETWORKS AND FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HIZBALLAH. “(a) Report.— “(1) In general .— Not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and once every 2 years thereafter for the following 4 years, the President shall submit to the appropriate congressional committees a report that includes— “(A) a list of countries that support Hizballah or in which Hizballah maintains important portions of its global logistics networks; “(B) with respect to each country on the list required by subparagraph (A)— “(i) an assessment of whether the government of the country is taking adequate measures to disrupt the global logistics networks of Hizballah within the territory of the country; and “(ii) in the case of a country the government of which is not taking adequate measures to disrupt such networks— “(I) an assessment of the reasons that government is not taking such adequate measures; and “(II) a description of measures being taken by the United States to encourage that government to improve measures to disrupt such networks; “(C) a list of countries in which Hizballah, or any of its agents or affiliates, conducts significant fundraising, financing, or money laundering activities; “(D) with respect to each country on the list required by subparagraph (C)— “(i) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hizballah and its agents and affiliates within the territory of the country; and “(ii) in the case of a country the government of which is not taking adequate measures to disrupt such activities— “(I) an assessment of the reasons that government is not taking such adequate measures; and “(II) a description of measures being taken by the United States to encourage that government to improve measures to disrupt such activities; “(E) a list of methods that Hizballah, or any of its agents or affiliates, utilizes to raise or transfer funds, including trade-based money laundering, the use of foreign exchange houses, free-trade zones, business partnerships and joint ventures, and other investments in small and medium-sized enterprises; “(F) a list of jurisdictions outside of Lebanon that expressly consent to, or with knowledge allow, the use of their territory by Hizballah to carry out terrorist activities, including training, financing, and recruitment; “(G) a description of the total aggregate revenues and remittances that Hizballah receives from the global logistics networks of Hizballah; “(H) a list of Hizballah’s sources of revenue, including sources of revenue based on illicit activity, revenues from Iran, charities, and other business activities; “(I) a list of Hizballah’s expenditures, including expenditures for ongoing military operations, social networks, and external operations; “(J) a description of steps to be taken by Federal agencies to combat the illicit tobacco trafficking networks used by Hizballah; “(K) an assessment of Hizballah’s financial operations in areas under its operational or political control in Lebanon and Syria and available measures to target Hizballah’s financial operations in those areas; “(L) a review of Hizballah’s international operational capabilities, including in the United States; “(M) a review of— “(i) the total number and value of Hizballah-related assets seized and forfeited; and “(ii) the total number of indictments, prosecutions, and extraditions of Hizballah members or affiliates; and “(N) a review of efforts by the United States to prevent hostile activities by Iran and disrupt and degrade Hizballah’s illicit networks in the Western Hemisphere, including interagency coordination to ensure that information-sharing, interdictions, arrests, investigations, indictments, sanctions, and designations related to Hizballah individuals or networks in the Western Hemisphere are integrated, coordinated, and publicly communicated by the United States in a manner that supports United States interests. “(2) Form .— The report required by paragraph (1) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. “(3) Global logistics networks of hizballah .— In this subsection, the term ‘global logistics networks of Hizballah’, ‘global logistics networks’, or ‘networks’ means financial, material, or technological support for, or financial or other services in support of, Hizballah. “(b) Enhanced Due Diligence.— “(1) In general .— The President is authorized to require each financial institution in the United States that knowingly maintains a correspondent account or a payable-through account in the United States for a foreign financial institution described in paragraph (2) to establish enhanced due diligence policies, procedures, and controls in accordance with section 5318(i)(2)(B) of title 31 , United States Code, and regulations to implement such section with respect to such accounts. “(2) Foreign financial institution described .— A foreign financial institution described in this paragraph is a foreign financial institution that the President determines provides significant financial services to persons operating in a jurisdiction identified in unclassified form in the list required under subsection (a)(1)(F). “(3) Definitions .— In this subsection, the terms ‘correspondent account’ and ‘payable-through account’ have the meanings given those terms in section 5318A of title 31 , United States Code. “(c) Briefing on Hizballah’s Assets and Activities Related To Fundraising, Financing, and Money Laundering Worldwide .— Not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and annually thereafter for the following 4 years, the Secretary of State, the Secretary of the Treasury, and the heads of other applicable Federal departments and agencies shall provide to the appropriate congressional committees a briefing on the disposition of Hizballah’s assets and activities related to fundraising, financing, and money laundering worldwide and on any requirements for enhanced due diligence prescribed under subsection (b). “(d) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and “(2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate. “TITLE III— MISCELLANEOUS PROVISIONS “SEC. 301. RULE OF CONSTRUCTION. “Nothing in this Act or any amendment made by this Act shall apply to the authorized intelligence activities of the United States. “SEC. 302. REGULATORY AUTHORITY. “(a) In General .— The President shall, not later than 120 days after the date of the enactment of this Act [ Dec. 18, 2015 ], promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act. “(b) Notification to Congress .— Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this Act and the amendments made by this Act that the regulations are implementing. “(c) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and “(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. “SEC. 303. TERMINATION. “This Act shall terminate on the date that is 30 days after the date on which the President certifies to Congress that Hizballah— “(1) is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and “(2) is no longer designated for the imposition of sanctions pursuant to Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).”
[Pub. L. 117–263, § 6811(e), which directed amendment of section 204(b) of Pub. L. 114–102, set out above, by substituting “annually” for “every 180 days”, was executed to section 204(c) of Pub. L. 114–102, to reflect the probable intent of Congress.]
[Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, delegated to the Secretary of State the functions and authorities vested in the President by sections 101(b)(2), 101(c), 102(b), 103(b–c), and 201(c) of Pub. L. 114–102, set out above; to the Secretary of the Treasury the functions and authorities vested in the President by sections 101(a), 101(b)(1), 102(a), 102(c), 103(a), 201(a–b), 204(b), and 302 of Pub. L. 114–102; and to the Director of National Intelligence the functions and authorities vested in the President by sections 202 and 204(a, c–d) of Pub. L. 114–102, and any future Act that is the same or substantially the same as such provisions, and rescinded and replaced any prior delegations of authority to the Secretary of the Treasury, the Secretary of State, and the Director of National Intelligence under Pub. L. 114–102.]
[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15421, which delegated to the Director of National Intelligence the functions and authorities vested in the President by sections 101, 201, and 202 of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.]
[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15423, which delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 102(a), 102(c), 204, and 302 of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.]
[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 18739, which delegated to the Secretary of State the functions and authorities vested in the President by section 102(b) of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.]
Pub. L. 113–278, Dec. 18, 2014, 128 Stat. 3011, as amended by Pub. L. 114–194, § 2, July 15, 2016, 130 Stat. 674; Pub. L. 116–94, div. J, title I, § 183(a), Dec. 20, 2019, 133 Stat. 3048, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Venezuela Defense of Human Rights and Civil Society Act of 2014’. “SEC. 2. FINDINGS. “Congress makes the following findings: “(1) The Central Bank of Venezuela and the National Statistical Institute of Venezuela stated that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level of inflation in the world behind South Sudan and Syria. “(2) The Central Bank of Venezuela and the Government of Venezuela have imposed a series of currency controls that has exacerbated economic problems and, according to the World Economic Forum, has become the most problematic factor for doing business in Venezuela. “(3) The Central Bank of Venezuela declared that the scarcity index of Venezuela reached 29.4 percent in March 2014, which signifies that fewer than one in 4 basic goods is unavailable at any given time. The Central Bank has not released any information on the scarcity index since that time. “(4) Since 1999, violent crime in Venezuela has risen sharply and the Venezuelan Violence Observatory, an independent nongovernmental organization, found the national per capita murder rate to be 79 per 100,000 people in 2013. “(5) The international nongovernmental organization Human Rights Watch recently stated, ‘Under the leadership of President Chàvez [sic] and now President Maduro, the accumulation of power in the executive branch and the erosion of human rights guarantees have enabled the government to intimidate, censor, and prosecute its critics.’. “(6) The Country Reports on Human Rights Practices for 2013 of the Department of State maintained that in Venezuela ‘the government did not respect judicial independence or permit judges to act according to the law without fear of retaliation’ and ‘the government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions’. “(7) The Government of Venezuela has detained foreign journalists and threatened and expelled international media outlets operating in Venezuela, and the international nongovernmental organization Freedom House declared that Venezuela’s ‘media climate is permeated by intimidation, sometimes including physical attacks, and strong antimedia rhetoric by the government is common’. “(8) Since February 4, 2014 , the Government of Venezuela has responded to antigovernment protests with violence and killings perpetrated by its public security forces. “(9) In May 2014, Human Rights Watch found that the unlawful use of force perpetrated against antigovernment protesters was ‘part of a systematic practice by the Venezuelan security forces’. “(10) As of September 1, 2014 , 41 people had been killed, approximately 3,000 had been arrested unjustly, and more than 150 remained in prison and faced criminal charges as a result of antigovernment demonstrations throughout Venezuela. “(11) Opposition leader Leopoldo Lopez was arrested on February 18, 2014 , in relation to the protests and was unjustly charged with criminal incitement, conspiracy, arson, and property damage. Since his arrest, Lopez has been held in solitary confinement and has been denied 58 out of 60 of his proposed witnesses at his ongoing trial. “(12) As of September 1, 2014 , not a single member of the public security forces of the Government of Venezuela had been held accountable for acts of violence perpetrated against antigovernment protesters. “SEC. 3. SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS IN VENEZUELA AND THE NEED TO PREVENT FURTHER VIOLENCE IN VENEZUELA. “It is the sense of Congress that— “(1) the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law and a functional and productive relationship on issues of public security, including counternarcotics and counterterrorism; “(2) the United States supports the people of Venezuela in their efforts to realize their full economic potential and to advance representative democracy, human rights, and the rule of law within their country; “(3) the chronic mismanagement by the Government of Venezuela of its economy has produced conditions of economic hardship and scarcity of basic goods and foodstuffs for the people of Venezuela; “(4) the failure of the Government of Venezuela to guarantee minimal standards of public security for its citizens has led the country to become one of the most violent and corrupt in the world; “(5) the Government of Venezuela continues to take steps to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; “(6) Venezuelans, responding to ongoing economic hardship, high levels of crime and violence, and the lack of basic political rights and individual freedoms, have turned out in demonstrations in Caracas and throughout the country to protest the failure of the Government of Venezuela to protect the political and economic well-being of its citizens; and “(7) the repeated use of violence perpetrated by the National Guard and security personnel of Venezuela, as well as persons acting on behalf of the Government of Venezuela, against antigovernment protesters that began on February 4, 2014 , is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern. “SEC. 4. UNITED STATES POLICY TOWARD VENEZUELA. “It is the policy of the United States— “(1) to support the people of Venezuela in their aspiration to live under conditions of peace and representative democracy as defined by the Inter-American Democratic Charter of the Organization of American States; “(2) to work in concert with the other member states within the Organization of American States, as well as the countries of the European Union, to ensure the peaceful resolution of the current situation in Venezuela and the immediate cessation of violence against antigovernment protestors; “(3) to hold accountable government and security officials in Venezuela responsible for or complicit in the use of force in relation to antigovernment protests and similar future acts of violence; and “(4) to continue to support the development of democratic political processes and independent civil society in Venezuela. “SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA. “(a) In General .— The President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines— “(1) has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Venezuela against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014 ; “(2) has ordered or otherwise directed the arrest or prosecution of a person in Venezuela primarily because of the person’s legitimate exercise of freedom of expression or assembly; or “(3) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1) or (2). “(b) Sanctions Described.— “(1) In general .— The sanctions described in this subsection are the following: “(A) Asset blocking .— The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(B) Exclusion from the united states and revocation of visa or other documentation .— In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. “(2) Penalties .— A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. “(3) Exception relating to importation of goods .— The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. “(4) Exception to comply with united nations headquarters agreement .— Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or other applicable international obligations. “(c) Waiver .— The President may waive the application of sanctions under subsection (b) with respect to a person if the President— “(1) determines that such a waiver is in the national interest of the United States; and “(2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and justification for the waiver. “(d) Regulatory Authority .— The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. “(e) Termination .— The requirement to impose sanctions under this section shall terminate on December 31, 2023 . “(f) Definitions .— In this section: “(1) Admitted; alien .— The terms ‘admitted’ and ‘alien’ have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). “(2) Financial institution .— The term ‘financial institution’ has the meaning given that term in section 5312 of title 31 , United States Code. “(3) Foreign person .— The term ‘foreign person’ means a person that is not a United States person. “(4) Good .— The term ‘good’ has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618 ] (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)). “(5) Knowingly .— The term ‘knowingly’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. “(6) Materially assisted .— The term ‘materially assisted’ means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraph (1) or (2) of subsection (a). “(7) United states person .— The term ‘United States person’ means— “(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or “(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. “SEC. 6. REPORT ON BROADCASTING, INFORMATION DISTRIBUTION, AND CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN VENEZUELA. “(a) In General .— Not later than 30 days after the date of the enactment of this Act [ Dec. 18, 2014 ], the Chairman of the Broadcasting Board of Governors (in this section referred to as the ‘Board’) shall submit to Congress a report that includes— “(1) a thorough evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs; “(2) an assessment of current efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela, by the United States Government and otherwise; and “(3) a strategy for expanding such efforts in Venezuela, including recommendations for additional measures to expand upon current efforts. “(b) Elements .— The report required by subsection (a) shall include— “(1) an assessment of the current level of Federal funding dedicated to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the Board before the date of the enactment of this Act; “(2) an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; and “(3) recommendations for increasing broadcasting, information distribution, and circumvention technology distribution in Venezuela.”
Pub. L. 112–239, div. A, title XII, § 1284, Jan. 2, 2013, 126 Stat. 2035, provided that:
“(a) Blocking of Assets.— “(1) In general .— The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) or Executive Order 13413 (74[71] Fed. Reg. 64105; relating to blocking property of certain persons contributing to the conflict in the Democratic Republic of the Congo), block and prohibit all transactions in all property and interests in property of a person described in subsection (c) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. “(2) Exception.— “(A) In general .— The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. “(B) Good defined .— In this paragraph, the term ‘good’ has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618 ] (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)). “(b) Visa Ban .— The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is a person described in subsection (c). “(c) Persons Described .— A person described in this subsection is a person that the President determines provides, on or after the date of the enactment of this Act [ Jan. 2, 2013 ], significant financial, material, or technological support to M23. “(d) Waiver .— The President may waive the application of this section with respect to a person if the President determines and reports to the appropriate congressional committees that the waiver is in the national interest of the United States. “(e) Termination of Sanctions .— Sanctions imposed under this section may terminate 15 days after the date on which the President determines and reports to the appropriate congressional committees that the person covered by such determination has terminated the provision of significant financial, material, and technological support to M23. “(f) Termination of Section .— This section shall terminate on the date that is 15 days after the date on which the President determines and reports to the appropriate congressional committees that M23 is no longer a significant threat to peace and security in the Democratic Republic of the Congo. “(g) Definitions .— In this section: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and “(B) the Committee on Financial Services, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives. “(2) M23 .— The term ‘M23’ refers to the rebel group known as M23 operating in the Democratic Republic of the Congo that derives its name from the March 23, 2009 , agreement between the Government of the Democratic Republic of the Congo and the National Congress for the Defense of the People (or any successor group). “(3) United states person .— The term ‘United States person’ means— “(A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; or “(B) an entity organized under the laws of the United States or of any jurisdiction within the United States.”
Pub. L. 110–174, Dec. 31, 2007, 121 Stat. 2516, as amended by Pub. L. 111–195, title II, § 205(a), July 1, 2010, 124 Stat. 1344, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Sudan Accountability and Divestment Act of 2007’. “SEC. 2. DEFINITIONS. “In this Act: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and “(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Business operations .— The term ‘business operations’ means engaging in commerce in any form in Sudan, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. “(3) Executive agency .— The term ‘executive agency’ has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403 ) [see 41 U.S.C. 133 ]. “(4) Government of sudan .— The term ‘Government of Sudan’— “(A) means the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and “(B) does not include the regional government of southern Sudan. “(5) Marginalized populations of sudan .— The term ‘marginalized populations of Sudan’ refers to— “(A) adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act [of 2006] ( Public Law 109–344 ; 50 U.S.C. 1701 note); and “(B) marginalized areas in Northern Sudan described in section 4(9) of such Act. “(6) Military equipment .— The term ‘military equipment’ means— “(A) weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems or military-grade transport vehicles; or “(B) supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan. “(7) Mineral extraction activities .— The term ‘mineral extraction activities’ means exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. “(8) Oil-related activities.— “(A) In general .— Except as provided in subparagraph (B), the term ‘oil-related activities’ means— “(i) exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; and “(ii) constructing, maintaining, or operating a pipeline, refinery, or other oilfield infrastructure. “(B) Exclusions .— A person shall not be considered to be involved in an oil-related activity if— “(i) the person is involved in the retail sale of gasoline or related consumer products in Sudan but is not involved in any other activity described in subparagraph (A); or “(ii) the person is involved in leasing, or owns, rights to an oil block in Sudan but is not involved in any other activity described in subparagraph (A). “(9) Person .— The term ‘person’ means— “(A) a natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; “(B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) )); and “(C) any successor, subunit, parent company or subsidiary of any entity described in subparagraph (A) or (B). “(10) Power production activities .— The term ‘power production activities’ means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the Government of Sudan whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, or providing service contracts related to the installation or maintenance of the project. “(11) State .— The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. “(12) State or local government .— The term ‘State or local government’ includes— “(A) any State and any agency or instrumentality thereof; “(B) any local government within a State, and any agency or instrumentality thereof; “(C) any other governmental instrumentality; and “(D) any public institution of higher education within the meaning of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.). “SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE SECTORS. “(a) Sense of Congress .— It is the sense of Congress that the United States Government should support the decision of any State or local government to divest from, or to prohibit the investment of assets of the State or local government in, a person that the State or local government determines poses a financial or reputational risk. “(b) Authority To Divest .— Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (e) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, persons that the State or local government determines, using credible information available to the public, are conducting or have direct investments in business operations described in subsection (d). “(c) Notice to Department of Justice .— Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit written notice to the Attorney General describing the measure. “(d) Business Operations Described.— “(1) In general .— Business operations described in this subsection are business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment. “(2) Exceptions .— Business operations described in this subsection do not include business operations that the person conducting the business operations can demonstrate— “(A) are conducted under contract directly and exclusively with the regional government of southern Sudan; “(B) are conducted under a license from the Office of Foreign Assets Control, or are expressly exempted under Federal law from the requirement to be conducted under such a license; “(C) consist of providing goods or services to marginalized populations of Sudan; “(D) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; “(E) consist of providing goods or services that are used only to promote health or education; or “(F) have been voluntarily suspended. “(e) Requirements .— Any measure taken by a State or local government under subsection (b) shall meet the following requirements: “(1) Notice .— The State or local government shall provide written notice and an opportunity to comment in writing to each person to whom a measure is to be applied. “(2) Timing .— The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1). “(3) Applicability .— The measure shall not apply to a person that demonstrates to the State or local government that the person does not conduct or have direct investments in business operations described in subsection (d). “(4) Sense of congress on avoiding erroneous targeting .— It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person conducts or has direct investments in business operations described in subsection (d). “(f) Definitions .— In this section: “(1) Investment .— The ‘investment’ of assets, with respect to a State or local government, includes— “(A) a commitment or contribution of assets; “(B) a loan or other extension of credit of assets; and “(C) the entry into or renewal of a contract for goods or services. “(2) Assets.— “(A) In general .— Except as provided in subparagraph (B), the term ‘assets’ refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. “(B) Exception .— The term ‘assets’ does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.). “(g) Nonpreemption .— A measure of a State or local government authorized under subsection (b) is not preempted by any Federal law or regulation. “(h) Effective Date.— “(1) In general .— Except as provided in paragraph (2), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act [ Dec. 31, 2007 ]. “(2) Notice requirements .— Subsections (c) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act. “SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. “(a) In General .— [Amended section 80a–13 of Title 15 , Commerce and Trade] “(b) SEC Regulations .— Not later than 120 days after the date of the enactment of this Act [ Dec. 31, 2007 ], the Securities and Exchange Commission shall prescribe regulations, in the public interest and for the protection of investors, to require disclosure by each registered investment company that divests itself of securities in accordance with section 13(c) of the Investment Company Act of 1940 [ 15 U.S.C. 80a–13(c) ]. Such rules shall require the disclosure to be included in the next periodic report filed with the Commission under section 30 of such Act ( 15 U.S.C. 80a–29 ) following such divestiture. “SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. “It is the sense of Congress that a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines is conducting or has direct investments in business operations in Sudan described in section 3(d) of this Act, without breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a)(1) ), if— “(1) the fiduciary makes such determination using credible information that is available to the public; and “(2) the fiduciary prudently determines that the result of such divestment or avoidance of investment would not be expected to provide the employee benefit plan with— “(A) a lower rate of return than alternative investments with commensurate degrees of risk; or “(B) a higher degree of risk than alternative investments with commensurate rates of return. “SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS. “(a) Certification Requirement .— The head of each executive agency shall ensure that each contract entered into by such executive agency for the procurement of goods or services includes a clause that requires the contractor to certify to the contracting officer that the contractor does not conduct business operations in Sudan described in section 3(d). “(b) Remedies.— “(1) In general .— The head of an executive agency may impose remedies as provided in this subsection if the head of the executive agency determines that the contractor has submitted a false certification under subsection (a) after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section. “(2) Termination .— The head of an executive agency may terminate a covered contract upon the determination of a false certification under paragraph (1). “(3) Suspension and debarment .— The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts upon the determination of a false certification under paragraph (1). The debarment period may not exceed 3 years. “(4) Inclusion on list of parties excluded from federal procurement and nonprocurement programs .— The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation issued under section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421 ) [see 41 U.S.C. 1303 ] each contractor that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). “(5) Rule of construction .— This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1). “(c) Waiver.— “(1) In general .— The President may waive the requirement of subsection (a) on a case-by-case basis if the President determines and certifies in writing to the appropriate congressional committees that it is in the national interest to do so. “(2) Reporting requirement .— Not later than April 15, 2008 , and semi-annually thereafter, the Administrator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). “(d) Implementation Through the Federal Acquisition Regulation .— Not later than 120 days after the date of the enactment of this Act [ Dec. 31, 2007 ], the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421 ) [see 41 U.S.C. 1303 ] to provide for the implementation of the requirements of this section. “(e) Report .— Not later than one year after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section, the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget and the appropriate congressional committees a report on the actions taken under this section. “SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES. “It is the sense of Congress that the governments of all other countries should adopt measures, similar to those contained in this Act, to publicize the activities of all persons that, through their financial dealings, knowingly or unknowingly enable the Government of Sudan to continue to oppress and commit genocide against people in the Darfur region and other regions of Sudan, and to authorize divestment from, and the avoidance of further investment in, such persons. “SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN. “It is the sense of Congress that the President should— “(1) continue to work with other members of the international community, including the Permanent Members of the United Nations Security Council, the African Union, the European Union, the Arab League, and the Government of Sudan to facilitate the urgent deployment of a peacekeeping force to Sudan; and “(2) bring before the United Nations Security Council, and call for a vote on, a resolution requiring meaningful multilateral sanctions against the Government of Sudan in response to its acts of genocide against the people of Darfur and its continued refusal to allow the implementation of a peacekeeping force in Sudan. “SEC. 9. SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF THE UNITED STATES. “It is the sense of Congress that nothing in this Act— “(1) conflicts with the international obligations or commitments of the United States; or “(2) affects article VI, clause 2, of the Constitution of the United States. “SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR. “(a) In General .— The Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report assessing the effectiveness of sanctions imposed with respect to Sudan at the time the Secretary of State and the Secretary of the Treasury submits [sic] reports required under— “(1) the Sudan Peace Act ( Public Law 107–245 ; 50 U.S.C. 1701 note) [formerly set out as a note below]; “(2) the Comprehensive Peace in Sudan Act of 2004 ( Public Law 108–497 ; 50 U.S.C. 1701 note) [formerly set out as a note below]; and “(3) the Darfur Peace and Accountability Act of 2006 ( Public Law 109–344 ; 50 U.S.C. 1701 note). “(b) Additional Report by the Secretary of the Treasury .— The Secretary of the Treasury shall submit to the appropriate congressional committees a report assessing the effectiveness of sanctions imposed with respect to Sudan under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) at the time the President submits the reports required by section 204(c) of such Act ( 50 U.S.C. 1703(c) ) with respect to Executive Order 13,067 [13067] ( 50 U.S.C. 1701 note; relating to blocking property of persons in connection with the conflict in Sudan’s region of Darfur). “(c) Contents .— The reports required by subsections (a) and (b) shall include— “(1) a description of each sanction imposed under a law or executive order described in subsection (a) or (b); “(2) the name of the person subject to the sanction, if any; and “(3) whether or not the person subject to the sanction is also subject to sanctions imposed by the United Nations. “SEC. 11. REPEAL OF REPORTING REQUIREMENT. “Section 6305 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 ( Public Law 110–28 ; 121 Stat. 172 ) is repealed. “SEC. 12. TERMINATION. “The provisions of sections 3, 4, 5, 6, and 10 shall terminate 30 days after the date on which the President has certified to Congress that the Government of Sudan has honored its commitments to— “(1) abide by United Nations Security Council Resolution 1769 (2007); “(2) cease attacks on civilians; “(3) demobilize and demilitarize the Janjaweed and associated militias; “(4) grant free and unfettered access for delivery of humanitarian assistance; and “(5) allow for the safe and voluntary return of refugees and internally displaced persons.”
Pub. L. 109–344, Oct. 13, 2006, 120 Stat. 1869, as amended by Pub. L. 116–283, div. A, title XII, § 1270D, Jan. 1, 2021, 134 Stat. 3978, provided that:
“SECTION 1. SHORT TITLE; TABLE OF CONTENTS. “(a) Short Title .— This Act may be cited as the ‘Darfur Peace and Accountability Act of 2006’. “(b) Table of Contents .— [Omitted.] “SEC. 2. DEFINITIONS. “In this Act: “(1) AMIS.— The term ‘AMIS’ means the African Union Mission in Sudan. “(2) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives. “(3) Comprehensive peace agreement for sudan .— The term ‘Comprehensive Peace Agreement for Sudan’ means the peace agreement signed by the Government of Sudan and the SPLM/A in Nairobi, Kenya, on January 9, 2005 . “(4) Darfur peace agreement .— The term ‘Darfur Peace Agreement’ means the peace agreement signed by the Government of Sudan and by Minni Minnawi, leader of the Sudan Liberation Movement/Army Faction, in Abuja, Nigeria, on May 5, 2006 . “(5) Government of sudan .— The term ‘Government of Sudan’— “(A) means— “(i) the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front); or “(ii) any successor government formed on or after the date of the enactment of this Act [ Oct. 13, 2006 ] (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and “(B) does not include the regional government of Southern Sudan. “(6) Officials of the government of sudan .— The term ‘official of the Government of Sudan’ does not include any individual— “(A) who was not a member of such government before July 1, 2005 ; or “(B) who is a member of the regional government of Southern Sudan. “(7) SPLM/A.— The term ‘SPLM/A’ means the Sudan People’s Liberation Movement/Army. “SEC. 3. FINDINGS. “Congress makes the following findings: “(1) On July 23, 2004 , Congress declared, ‘the atrocities unfolding in Darfur, Sudan, are genocide’. “(2) On September 9, 2004 , Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, ‘genocide has occurred and may still be occurring in Darfur’, and ‘the Government of Sudan and the Janjaweed bear responsibility’. “(3) On September 21, 2004 , in an address before the United Nations General Assembly, President George W. Bush affirmed the Secretary of State’s finding and stated, ‘[a]t this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide’. “(4) On July 30, 2004 , the United Nations Security Council passed Security Council Resolution 1556 (2004), calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law, and establishing a ban on the sale or supply of arms and related materiel of all types, including the provision of related technical training or assistance, to all nongovernmental entities and individuals, including the Janjaweed. “(5) On September 18, 2004 , the United Nations Security Council passed Security Council Resolution 1564 (2004), determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556 (2004), calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry on Darfur to investigate violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 (2004) and 1564 (2004), including such actions as to affect Sudan’s petroleum sector or individual members of the Government of Sudan. “(6) The Report of the International Commission of Inquiry on Darfur, submitted to the United Nations Secretary-General on January 25, 2005 , established that the ‘Government of the Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law,’ that ‘these acts were conducted on a widespread and systematic basis, and therefore may amount to crimes against humanity,’ and that officials of the Government of Sudan and other individuals may have acted with ‘genocidal intent’. “(7) On March 24, 2005 , the United Nations Security Council passed Security Council Resolution 1590 (2005), establishing the United Nations Mission in Sudan (referred to in this section as the ‘UNMIS’), consisting of up to 10,000 military personnel and 715 civilian police tasked with supporting the implementation of the Comprehensive Peace Agreement for Sudan and to ‘closely and continuously liaise and coordinate at all levels with the African Union Mission in Sudan (AMIS)’, which had been established by the African Union on May 24, 2004 , to monitor the implementation of the N’Djamena Humanitarian Ceasefire Agreement, signed on April 8, 2004 , ‘with a view towards expeditiously reinforcing the effort to foster peace in Darfur’. “(8) On March 29, 2005 , the United Nations Security Council passed Security Council Resolution 1591 (2005), extending the military embargo established by Security Council Resolution 1556 (2004) to all the parties to the N’Djamena Ceasefire Agreement of April 8, 2004 , and any other belligerents in the states of North Darfur, South Darfur, and West Darfur, calling for an asset freeze and travel ban against those individuals who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, are responsible for offensive military overflights, or violate the military embargo, and establishing a Committee of the Security Council and a panel of experts to assist in monitoring compliance with Security Council Resolutions 1556 (2004) and 1591 (2005). “(9) On March 31, 2005 , the United Nations Security Council passed Security Council Resolution 1593 (2005), referring the situation in Darfur since July 1, 2002 , to the prosecutor of the International Criminal Court and calling on the Government of Sudan and all parties to the conflict to cooperate fully with the Court. “(10) On July 30, 2005 , Dr. John Garang de Mabior, the newly appointed Vice President of Sudan and the leader of the SPLM/A for the past 21 years, was killed in a tragic helicopter crash in Southern Sudan, sparking riots in Khartoum and challenging the commitment of all Sudanese to the Comprehensive Peace Agreement for Sudan. “(11) On January 12, 2006 , the African Union Peace and Security Council issued a communique endorsing, in principle, a transition from AMIS to a United Nations peacekeeping operation and requested the Chairperson of the Council to initiate consultations with the United Nations and other stakeholders toward this end. “(12) On February 3, 2006 , the United Nations Security Council issued a Presidential Statement authorizing the initiation of contingency planning for a transition from AMIS to a United Nations peacekeeping operation. “(13) On March 10, 2006 , the African Union Peace and Security Council extended the mandate of AMIS, which had reached a force size of 7,000, to September 30, 2006 , while simultaneously endorsing the transition of AMIS to a United Nations peacekeeping operation and setting April 30, 2006 as the deadline for reaching an agreement to resolve the crisis in Darfur. “(14) On March 24, 2006 , the United Nations Security Council passed Security Council Resolution 1663 (2006), which— “(A) welcomes the African Peace and Security Council’s March 10, 2006 communique; and “(B) requests that the United Nations Secretary-General, jointly with the African Union and in consultation with the parties to the Abuja Peace Talks, expedite planning for the transition of AMIS to a United Nations peacekeeping operation. “(15) On March 29, 2006 , during a speech at Freedom House, President Bush called for a transition to a United Nations peacekeeping operation and ‘additional forces with a NATO overlay . . . to provide logistical and command-and-control and airlift capacity, but also to send a clear signal to parties involved that the west is determined to help effect a settlement.’. “(16) On April 25, 2006 , the United Nations Security Council passed Security Council Resolution 1672 (2006), unanimously imposing targeted financial sanctions and travel restrictions on 4 individuals who had been identified as those who, among other acts, ‘impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities’, including the Commander of the Western Military Region for the armed forces of Sudan, the Paramount Chief of the Jalul Tribe in North Darfur, the Commander of the Sudan Liberation Army, and the Field Commander of the National Movement for Reform and Development. “(17) On May 5, 2006 , under the auspices of African Union mediation and the direct engagement of the international community, including the United States, the Government of Sudan and the largest rebel faction in Darfur, the Sudan Liberation Movement, led by Minni Minnawi, signed the Darfur Peace Agreement, which addresses security, power sharing, and wealth sharing issues between the parties. “(18) In August 2006, the Sudanese government began to amass military forces and equipment in the Darfur region in contravention of the Darfur Peace Agreement to which they are signatories in what appears to be preliminary to full scale war. “(19) On August 30, 2006 , the United Nations Security Council passed Security Council Resolution 1706 (2006), without dissent and with abstentions by China, Russian Federation, and Qatar, thereby asserting that the existing United Nations Mission in Sudan ‘shall take over from AMIS responsibility for supporting the implementation of the Darfur Peace Agreement upon the expiration of AMIS’ mandate but in any event no later than 31 December 2006’, and that UNMIS ‘shall be strengthened by up to 17,300 military personnel . . . 3,300 civilian police personnel and up to 16 Formed Police Units’, which ‘shall begin to be deployed [to Darfur] no later than 1 October 2006’. “(20) Between August 30 and September 3, 2006 , President Bashir and other senior members of his administration have publicly rejected United Nations Security Council Resolution 1706 (2006), calling it illegal and a western invasion of his country, despite the current presence of 10,000 United Nations peacekeepers under the UNMIS peacekeeping force. “(21) Since 1993, the Secretary of State has determined, pursuant to [former] section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) [former 50 U.S.C. 4605(j) ], that Sudan is a country, the government of which has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan. “SEC. 4. SENSE OF CONGRESS. “It is the sense of Congress that— “(1) the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress Party-led faction of the Government of Sudan; “(2) all parties to the conflict in the Darfur region have continued to violate the N’Djamena Ceasefire Agreement of April 8, 2004 , and the Abuja Protocols of November 9, 2004 , and violence against civilians, humanitarian aid workers, and personnel of AMIS is increasing; “(3) the African Union should immediately make all necessary preparations for an orderly transition to a United Nations peacekeeping operation, which will maintain an appropriate level of African participation, with a mandate to protect civilians and humanitarian operations, assist in the implementation of the Darfur Peace Agreement, and deter violence in the Darfur region; “(4) the international community, including the United States and the European Union, should immediately act to mobilize sufficient political, military, and financial resources through the United Nations and the North Atlantic Treaty Organization, to support the transition of AMIS to a United Nations peacekeeping operation with the size, strength, and capacity necessary to protect civilians and humanitarian operations, to assist with the implementation of the Darfur Peace Agreement, and to end the continued violence in the Darfur region; “(5) if an expanded and reinforced AMIS or subsequent United Nations peacekeeping operation fails to stop genocide in the Darfur region, the international community should take additional measures to prevent and suppress acts of genocide in the Darfur region; “(6) acting under article 5 of the Charter of the United Nations, the United Nations Security Council should call for suspension of the Government of Sudan’s rights and privileges of membership by the General Assembly until such time as the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, and grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region; “(7) the President should use all necessary and appropriate diplomatic means to ensure the full discharge of the responsibilities of the Committee of the United Nations Security Council and the panel of experts established pursuant to section 3(a) of Security Council Resolution 1591 (2005); “(8) the President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the adoption of a resolution by the United Nations Security Council that— “(A) extends the military embargo established by United Nations Security Resolutions 1556 (2004) and 1591 (2005) to include a total ban on the sale or supply of offensive military equipment to the Government of Sudan, except for use in an internationally recognized demobilization program or for nonlethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; and “(B) calls upon those member states of the United Nations that continue to undermine efforts to foster peace in Sudan by providing military assistance to the Government of Sudan, government supported militias, or any rebel group operating in Darfur in violation of the embargo on such assistance and equipment, as called for in United Nations Security Council Resolutions 1556 (2004) and 1591 (2005), to immediately cease and desist. “(9) the United States should not provide assistance to the Government of Sudan, other than assistance necessary for the implementation of the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement, the support of the regional Government of Southern Sudan, the Transitional Darfur Regional Authority, and marginalized areas in Northern Sudan (including the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian purposes in Sudan, until the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region, and allow for the safe and voluntary return of refugees and internally displaced persons; “(10) the President should seek to assist members of the Sudanese diaspora in the United States by establishing a student loan forgiveness program for those individuals who commit to return to Southern Sudan for a period of not less than 5 years for the purpose of contributing professional skills needed for the reconstruction of Southern Sudan; “(11) the Presidential Special Envoy for Sudan should be provided with appropriate resources and a clear mandate to— “(A) provide stewardship of efforts to implement the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement; “(B) seek ways to bring stability and peace to the Darfur region; “(C) address instability elsewhere in Sudan, Chad, and northern Uganda; and “(D) pursue a truly comprehensive peace throughout the region; “(12) the international community should strongly condemn attacks against humanitarian workers and African Union personnel, and the forcible recruitment of refugees and internally displaced persons from camps in Chad and Sudan, and demand that all armed groups in the region, including the forces of the Government of Sudan, the Janjaweed, associated militias, the Sudan Liberation Movement/Army, the Justice and Equality Movement, the National Movement for Reform and Development (NMRD), and all other armed groups refrain from such activities; “(13) the United States should fully support the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement and urge rapid implementation of their terms; “(14) the May 5, 2006 [,] signing of the Darfur Peace Agreement between the Government of Sudan and the Sudan Liberation Movement was a positive development in a situation that has seen little political progress in 2 years and should be seized upon by all sides to begin the arduous process of post-conflict reconstruction, restitution, justice, and reconciliation; and “(15) the new leadership of the Sudan People’s Liberation Movement (referred to in this paragraph as ‘SPLM’) should— “(A) seek to transform SPLM into an inclusive, transparent, and democratic body; “(B) reaffirm the commitment of SPLM to— “(i) bring peace to Southern Sudan, the Darfur region, and Eastern Sudan; and “(ii) eliminate safe haven for regional rebel movements, such as the Lord’s Resistance Army; and “(C) remain united in the face of efforts to undermine SPLM. “SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR. “(a) Blocking of Assets and Restriction on Visas .— [Amended Pub. L. 108–497 , formerly set out below.] “(b) Waiver .— [Amended Pub. L. 108–497 , formerly set out below.] “(c) Sanctions Against Janjaweed Commanders and Coordinators or Other Individuals .— It is the sense of Congress, that the President should immediately impose the sanctions described in section 6(c) of the Comprehensive Peace in Sudan Act of 2004 [ Pub. L. 108–497 , formerly set out below], as added by subsection (a), against any individual, including the Janjaweed commanders and coordinators, identified as those who, among other acts, ‘impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities’. “SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN DARFUR. “(a) Presidential Assistance To Support AMIS.— Subject to subsection (b) and notwithstanding any other provision of law, the President is authorized to provide AMIS with— “(1) assistance for any expansion of the mandate, size, strength, and capacity to protect civilians and humanitarian operations in order to help stabilize the Darfur region of Sudan and dissuade and deter air attacks directed against civilians and humanitarian workers; and “(2) assistance in the areas of logistics, transport, communications, material support, technical assistance, training, command and control, aerial surveillance, and intelligence. “(b) Conditions.— “(1) In general .— Assistance provided under subsection (a)— “(A) shall be used only in the Darfur region; and “(B) shall not be provided until AMIS has agreed not to transfer title to, or possession of, any such assistance to anyone not an officer, employee or agent of AMIS (or subsequent United Nations peacekeeping operation), and not to use or to permit the use of such assistance for any purposes other than those for which such assistance was furnished, unless the consent of the President has first been obtained, and written assurances reflecting all of the forgoing have been obtained from AMIS by the President. “(2) Consent .— If the President consents to the transfer of such assistance to anyone not an officer, employee, or agent of AMIS (or subsequent United Nations peacekeeping operation), or agrees to permit the use of such assistance for any purposes other than those for which such assistance was furnished, the President shall immediately notify the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ). “(c) NATO Assistance To Support AMIS.— It is the sense of Congress that the President should continue to instruct the United States Permanent Representative to the North Atlantic Treaty Organization (referred to in this section as ‘NATO’) to use the voice, vote, and influence of the United States at NATO to— “(1) advocate NATO reinforcement of the AMIS and its orderly transition to a United Nations peacekeeping operation, as appropriate; “(2) provide assets to help dissuade and deter air strikes directed against civilians and humanitarian workers in the Darfur region of Sudan; and “(3) provide other logistical, transportation, communications, training, technical assistance, command and control, aerial surveillance, and intelligence support. “(d) Rule of Construction .— Nothing in this Act, or any amendment made by this Act, shall be construed as a provision described in section 5(b)(1) or 8(a)(1) of the War Powers Resolution ( Public Law 93–148 ; 50 U.S.C. 1544(b) , 1546(a)(1) [1547(a)(1)]). “(e) Denial of Entry at United States Ports to Certain Cargo Ships or Oil Tankers.— “(1) In general .— The President should take all necessary and appropriate steps to deny the Government of Sudan access to oil revenues, including by prohibiting entry at United States ports to cargo ships or oil tankers engaged in business or trade activities in the oil sector of Sudan or involved in the shipment of goods for use by the armed forces of Sudan until such time as the Government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance, and allow for the safe and voluntary return of refugees and internally displaced persons. “(2) Exception .— Paragraph (1) shall not apply with respect to cargo ships or oil tankers involved in— “(A) an internationally-recognized demobilization program; “(B) the shipment of non-lethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; or “(C) the shipment of military assistance necessary to carry out elements of an agreement referred to in subparagraph (B) if the President has made the determination set forth in section 8(c)(2). “(f) Prohibition on Assistance to Countries in Violation of United Nations Security Council Resolutions 1556 and 1591.— “(1) Prohibition .— Amounts made available to carry out the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) may not be used to provide assistance (other than humanitarian assistance) to the government of a country that is in violation of the embargo on military assistance with respect to Sudan imposed pursuant to United Nations Security Council Resolutions 1556 (2004) and 1591 (2005). “(2) Waiver .— The President may waive the application of paragraph (1) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States. “SEC. 7. CONTINUATION OF RESTRICTIONS. “(a) In General .— Restrictions against the Government of Sudan that were imposed pursuant to Executive Order No. 13067 of November 3, 1997 (62 Federal Register 59989) [listed in a table below], title III and sections 508, 512, 527, and 569 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 ( Public Law 109–102 ) [ 119 Stat. 2191 , 2197, 2199, 2205, 2228], or any other similar provision of law, shall remain in effect, and shall not be lifted pursuant to such provisions of law, until the President certifies to the appropriate congressional committees that the Government of Sudan is acting in good faith to— “(1) implement the Darfur Peace Agreement; “(2) disarm, demobilize, and demilitarize the Janjaweed and all militias allied with the Government of Sudan; “(3) adhere to all associated United Nations Security Council Resolutions, including Security Council Resolutions 1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006), and 1706 (2006); “(4) negotiate a peaceful resolution to the crisis in eastern Sudan; “(5) fully cooperate with efforts to disarm, demobilize, and deny safe haven to members of the Lord’s Resistance Army in Sudan; and “(6) fully implement the Comprehensive Peace Agreement for Sudan without manipulation or delay, by— “(A) implementing the recommendations of the Abyei Boundaries Commission Report; “(B) establishing other appropriate commissions and implementing and adhering to the recommendations of such commissions consistent with the terms of the Comprehensive Peace Agreement for Sudan; “(C) adhering to the terms of the Wealth Sharing Agreement; and “(D) withdrawing government forces from Southern Sudan consistent with the terms of the Comprehensive Peace Agreement for Sudan. “(b) Waiver .— The President may waive the application of subsection (a) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States. “SEC. 8. ASSISTANCE EFFORTS IN SUDAN. “(a) Assistance for International Malaria Control Act .— [Repealed section 501 of Pub. L. 106–570 , formerly set out below.] “(b) Comprehensive Peace in Sudan Act .— [Amended Pub. L. 108–497 , formerly set out below.] “(c) Economic Assistance.— “(1) In general .— Notwithstanding any other provision of law, the President is authorized to provide economic assistance for Sudan in an effort to provide emergency relief, to promote economic self-sufficiency, to build civil authority, to provide education, to enhance rule of law and the development of judicial and legal frameworks, and to support people to people reconciliation efforts, or to implement any nonmilitary program in support of any viable peace agreement in Sudan, including the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement. “(2) Congressional notification .— Assistance may not be obligated under this subsection until 15 days after the date on which the Secretary of State notifies the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ) of such obligation in accordance with the procedures applicable to reprogramming notifications under such section. “(d) Authorized Military Assistance.— “(1) In general .— If the President has not made a certification under section 12(a)(3) of the Sudan Peace Act [ Pub. L. 107–245 , formerly set out below] ( 50 U.S.C. 1701 note) regarding the noncompliance of the SPLM/A or the Government of Southern Sudan with the Comprehensive Peace Agreement for Sudan, the President, notwithstanding any other provision of law, may authorize, for each of fiscal years 2006, 2007, and 2008, the provision of the following assistance to the Government of Southern Sudan for the purpose of constituting a professional military force— “(A) non-lethal military equipment and related defense services, including training, controlled under the International Traffic in Arms Regulations (22 C.F.R. 120.1 et seq.) if the President— “(i) determines that the provision of such items is in the national security interest of the United States; and “(ii) not later than 15 days before the provision of any such items, notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination; and “(B) small arms and ammunition under categories I and III of the United States Munitions List (22 C.F.R. 121.1 et seq.) if the President— “(i) determines that the provision of such equipment is essential to the national security interests of the United States; and “(ii) consistent with the procedures set forth in section 614(a)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2364(a)(3) ), notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination. “(2) End use assurances .— For each item exported pursuant to this subsection or subsection (c), the President shall include with the notification to Congress under subparagraphs (A)(ii) and (B)(ii) of paragraph (1)— “(A) an identification of the end users to which the provision of assistance is being made; “(B) the dollar value of the items being provided; “(C) a description of the items being provided; and “(D) a description of the end use verification procedures that will be applied to such items, including— “(i) any special assurances obtained from the Government of Southern Sudan or other authorized end users regarding such equipment; and “(ii) the end use or retransfer controls that will be applied to any items provided under this subsection. “(3) Waiver authority .— Section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ) shall not apply to assistance provided under paragraph (1). “(e) Exception to Prohibitions in Executive Order Number 13067.— Notwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989) [listed in a table below] shall not apply to activities or related transactions with respect to Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in and around Khartoum. “SEC. 9. REPORTING REQUIREMENTS. “[Amended Pub. L. 107–245 , set out below.]”
[Functions of President under section 6(a), (b), (f) of Pub. L. 109–344, set out above, assigned to Secretary of State by Memorandum of President of the United States, Jan. 25, 2007, 72 F.R. 5149.]
[Functions of President under sections 7 and 8 of Pub. L. 109–344, set out above, assigned to Secretary of State by section 4(e) of Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61370, listed in a table below.]
[Effective July 12, 2017, and subject to certain conditions, function of President under section 8 of Pub. L. 109–344, set out above, assigned to Secretary of State by sections 6 and 12(b) of Ex. Ord. No. 13761, Jan. 13, 2017, 82 Stat. 5331, 5333, set out below.]
Pub. L. 109–293, title I, § 101, Sept. 30, 2006, 120 Stat. 1344, provided that:
“(a) Codification of Sanctions .— Except as otherwise provided in this section, United States sanctions with respect to Iran imposed pursuant to sections 1 and 3 of Executive Order No. 12957 [listed in a table below], sections 1(e), (1)(g), and (3) of Executive Order No. 12959 [listed in a table below], and sections 2, 3, and 5 of Executive Order No. 13059 [listed in a table below] (relating to exports and certain other transactions with Iran) as in effect on January 1, 2006 , shall remain in effect. The President may terminate such sanctions, in whole or in part, if the President notifies Congress at least 15 days in advance of such termination. In the event of exigent circumstances, the President may exercise the authority set forth in the preceding sentence without regard to the notification requirement stated therein, except that such notification shall be provided as early as practicable, but in no event later than three working days after such exercise of authority. “(b) No Effect on Other Sanctions Relating to Support for Acts of International Terrorism .— Nothing in this Act [see Short Title of 2006 Amendment note above] shall affect any United States sanction, control, or regulation as in effect on January 1, 2006 , relating to a determination under [former] section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) [former 50 U.S.C. 4605(j)(1)(A) ], section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ) that the Government of Iran has repeatedly provided support for acts of international terrorism.”
Pub. L. 112–192, Oct. 5, 2012, 126 Stat. 1441, as amended by Pub. L. 113–235, div. J, title VII, § 7043(b)(8)(A), Dec. 16, 2014, 128 Stat. 2648, provided that:
“SECTION 1. INTERNATIONAL FINANCIAL INSTITUTIONS. “Upon a determination by the President that it is in the national interest of the United States to support assistance for Burma, the Secretary of the Treasury may instruct the United States Executive Director at any international financial institution to vote in favor of the provision of assistance for Burma by the institution, notwithstanding any other provision of law. The President shall provide the appropriate congressional committees with a written notice of any such determination. “SEC. 2. CONSULTATION AND NOTIFICATION REQUIREMENT. “(a) Prior to making the determination contained in section 1, the Secretary of State and the Secretary of the Treasury each shall consult with the appropriate congressional committees on assistance to be provided to Burma by an international financial institution, and the national interests served by such assistance. “(b) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution that the United States Executive Director may not vote in favor of any provision of assistance by the institution to Burma until at least 15 days has elapsed from the date on which the President has provided notice pursuant to section 1. “SEC. 3. DEFINITIONS. “In this Act: “(1) The term ‘appropriate congressional committees’ means the Committees on Foreign Relations, Banking, Housing, and Urban Affairs, and Appropriations of the Senate, and the Committees on Financial Services, Foreign Affairs, and Appropriations of the House of Representatives. “(2) The term ‘assistance’ means any loan or financial or technical assistance, or any other use of funds. “(3) The term ‘international financial institution’ shall have the same meaning as contained in section 7029(d) of division I of Public Law 112–74 [ 125 Stat. 1209 ] and shall also include the Multilateral Investment Guarantee Agency.”
[Pub. L. 113–235, div. J, title VII, § 7043(b)(8)(B), Dec. 16, 2014, 128 Stat. 2648, provided that:
“The amendment made in subparagraph (A) [amending section 3(3) of Pub. L. 112–192 , set out above, by inserting ‘and shall also include the Multilateral Investment Guarantee Agency’ after ‘ Public Law 112–74 ’] shall only take effect if the Secretary of State certifies and reports to the Committees on Appropriations by September 30, 2015 that the Government of Burma has implemented reforms, in consultation with Burma’s political opposition and ethnic groups, providing for free and fair presidential and parliamentary elections.”
]
[Functions of President under section 1 of Pub. L. 112–192, set out above, delegated to Secretary of State by Memorandum of President of the United States, Oct. 10, 2012, 77 F.R. 65455.]
Pub. L. 110–286, July 29, 2008, 122 Stat. 2632, as amended by Pub. L. 117–81, div. E, title LI, § 5106, Dec. 27, 2021, 135 Stat. 2347, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008’. “SEC. 2. FINDINGS. “Congress makes the following findings: “(1) Beginning on August 19, 2007 , hundreds of thousands of citizens of Burma, including thousands of Buddhist monks and students, participated in peaceful demonstrations against rapidly deteriorating living conditions and the violent and repressive policies of the State Peace and Development Council (SPDC), the ruling military regime in Burma— “(A) to demand the release of all political prisoners, including 1991 Nobel Peace Prize winner Aung San Suu Kyi; and “(B) to urge the regime to engage in meaningful dialogue to pursue national reconciliation. “(2) The Burmese regime responded to these peaceful protests with a violent crackdown leading to the reported killing of approximately 200 people, including a Japanese photojournalist, and hundreds of injuries. Human rights groups further estimate that over 2,000 individuals have been detained, arrested, imprisoned, beaten, tortured, or otherwise intimidated as part of this crackdown. Burmese military, police, and their affiliates in the Union Solidarity Development Association (USDA) perpetrated almost all of these abuses. The Burmese regime continues to detain, torture, and otherwise intimidate those individuals whom [sic] it believes participated in or led the protests and it has closed down or otherwise limited access to several monasteries and temples that played key roles in the peaceful protests. “(3) The Department of State’s 2006 Country Reports on Human Rights Practices found that the SPDC— “(A) routinely restricts freedoms of speech, press, assembly, association, religion, and movement; “(B) traffics in persons; “(C) discriminates against women and ethnic minorities; “(D) forcibly recruits child soldiers and child labor; and “(E) commits other serious violations of human rights, including extrajudicial killings, custodial deaths, disappearances, rape, torture, abuse of prisoners and detainees, and the imprisonment of citizens arbitrarily for political motives. “(4) Aung San Suu Kyi has been arbitrarily imprisoned or held under house arrest for more than 12 years. “(5) In October 2007, President Bush announced a new Executive Order to tighten economic sanctions against Burma and block property and travel to the United States by certain senior leaders of the SPDC, individuals who provide financial backing for the SPDC, and individuals responsible for human rights violations and impeding democracy in Burma. Additional names were added in updates done on October 19, 2007 , and February 5, 2008 . However, only 38 discrete individuals and 13 discrete companies have been designated under those sanctions, once aliases and companies with similar names were removed. By contrast, the Australian Government identified more than 400 individuals and entities subject to its sanctions applied in the wake of the 2007 violence. The European Union’s regulations to implement sanctions against Burma have identified more than 400 individuals among the leadership of government, the military, and the USDA, along with nearly 1300 state and military-run companies potentially subject to its sanctions. “(6) The Burmese regime and its supporters finance their ongoing violations of human rights, undemocratic policies, and military activities in part through financial transactions, travel, and trade involving the United States, including the sale of petroleum products, gemstones and hardwoods. “(7) In 2006, the Burmese regime earned more than $500 million from oil and gas projects, over $500 million from sale of hardwoods, and in excess of $300 million from the sale of rubies and jade. At least $500 million of the $2.16 billion earned in 2006 from Burma’s two natural gas pipelines, one of which is 28 percent owned by a United States company, went to the Burmese regime. The regime has earned smaller amounts from oil and gas exploration and non-operational pipelines but United States investors are not involved in those transactions. Industry sources estimate that over $100 million annually in Burmese rubies and jade enters the United States. Burma’s official statistics report that Burma exported $500 million in hardwoods in 2006 but NGOs estimate the true figure to exceed $900 million. Reliable statistics on the amount of hardwoods imported into the United States from Burma in the form of finished products are not available, in part due to widespread illegal logging and smuggling. “(8) The SPDC seeks to evade the sanctions imposed in the Burmese Freedom and Democracy Act of 2003 [ Pub. L. 108–61 , set out below]. Millions of dollars in gemstones that are exported from Burma ultimately enter the United States, but the Burmese regime attempts to conceal the origin of the gemstones in an effort to evade sanctions. For example, according to gem industry experts, over 90 percent of the world’s ruby supply originates in Burma but only 3 percent of the rubies entering the United States are claimed to be of Burmese origin. The value of Burmese gemstones is predominantly based on their original quality and geological origin, rather than the labor involved in cutting and polishing the gemstones. “(9) According to hardwood industry experts, Burma is home to approximately 60 percent of the world’s native teak reserves. More than ¼ of the world’s internationally traded teak originates from Burma, and hardwood sales, mainly of teak, represent more than 11 percent of Burma’s official foreign exchange earnings. “(10) The SPDC owns a majority stake in virtually all enterprises responsible for the extraction and trade of Burmese natural resources, including all mining operations, the Myanmar Timber Enterprise, the Myanmar Gems Enterprise, the Myanmar Pearl Enterprise, and the Myanmar Oil and Gas Enterprise. Virtually all profits from these enterprises enrich the SPDC. “(11) On October 11, 2007 , the United Nations Security Council, with the consent of the People’s Republic of China, issued a statement condemning the violence in Burma, urging the release of all political prisoners, and calling on the SPDC to enter into a United Nations-mediated dialogue with its political opposition. “(12) The United Nations special envoy Ibrahim Gambari traveled to Burma from September 29, 2007 , through October 2, 2007 , holding meetings with SPDC leader General Than Shwe and democracy advocate Aung San Suu Kyi in an effort to promote dialogue between the SPDC and democracy advocates. “(13) The leaders of the SPDC will have a greater incentive to cooperate with diplomatic efforts by the United Nations, the Association of Southeast Asian Nations, and the People’s Republic of China if they come under targeted economic pressure that denies them access to personal wealth and sources of revenue. “(14) On the night of May 2, 2008 , through the morning of May 3, 2008 , tropical cyclone Nargis struck the coast of Burma, resulting in the deaths of tens of thousands of Burmese. “(15) The response to the cyclone by Burma’s military leaders illustrates their fundamental lack of concern for the welfare of the Burmese people. The regime did little to warn citizens of the cyclone, did not provide adequate humanitarian assistance to address basic needs and prevent loss of life, and continues to fail to provide life-protecting and life-sustaining services to its people. “(16) The international community responded immediately to the cyclone and attempted to provide humanitarian assistance. More than 30 disaster assessment teams from 18 different nations and the United Nations arrived in the region, but the Burmese regime denied them permission to enter the country. Eventually visas were granted to aid workers, but the regime continues to severely limit their ability to provide assistance in the affected areas. “(17) Despite the devastation caused by Cyclone Nargis, the junta went ahead with its referendum on a constitution drafted by an illegitimate assembly, conducting voting in unaffected areas on May 10, 2008 , and in portions of the affected Irrawaddy region and Rangoon on May 26, 2008 . “SEC. 3. DEFINITIONS. “In this Act: “(1) Account; correspondent account; payable-through account .— The terms ‘account’, ‘correspondent account’, and ‘payable-through account’ have the meanings given the terms in section 5318A(e)(1) of title 31 , United States Code. “(2) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Relations of the Senate; “(B) the Committee on Finance of the Senate; “(C) the Committee on Foreign Affairs of the House of Representatives; and “(D) the Committee on Ways and Means of the House of Representatives. “(3) ASEAN.— The term ‘ASEAN’ means the Association of Southeast Asian Nations. “(4) Person .— The term ‘person’ means— “(A) an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; and “(B) any successor, subunit, or subsidiary of any person described in subparagraph (A). “(5) SPDC.— The term ‘SPDC’ means the State Peace and Development Council, the ruling military regime in Burma. “(6) United states person .— The term ‘United States person’ means any United States citizen, permanent resident alien, juridical person organized under the laws of the United States (including foreign branches), or any person in the United States. “SEC. 4. STATEMENT OF POLICY. “It is the policy of the United States to— “(1) condemn the continued repression carried out by the SPDC; “(2) work with the international community, especially the People’s Republic of China, India, Thailand, and ASEAN, to foster support for the legitimate democratic aspirations of the people of Burma and to coordinate efforts to impose sanctions on those directly responsible for human rights abuses in Burma; “(3) provide all appropriate support and assistance to aid a peaceful transition to constitutional democracy in Burma; “(4) support international efforts to alleviate the suffering of Burmese refugees and address the urgent humanitarian needs of the Burmese people; and “(5) identify individuals responsible for the repression of peaceful political activity in Burma and hold them accountable for their actions. “SEC. 5. SANCTIONS. “(a) Visa Ban.— “(1) In general .— The following persons shall be ineligible for a visa to travel to the United States: “(A) Former and present leaders of the SPDC, the Burmese military, or the USDA. “(B) Officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity or in other gross violations of human rights in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC. “(C) Any other Burmese persons who provide substantial economic and political support for the SPDC, the Burmese military, or the USDA. “(D) The immediate family members of any person described in subparagraphs (A) through (C). “(2) Waiver .— The President may waive the visa ban described in paragraph (1) only if the President determines and certifies in writing to Congress that travel by the person seeking such a waiver is in the national interests of the United States. “(3) Rule of construction .— Nothing in this subsection shall be construed to conflict with the provisions of section 694 of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ) [ 121 Stat. 2366 ], nor shall this subsection be construed to make ineligible for a visa members of ethnic groups in Burma now or previously opposed to the regime who were forced to provide labor or other support to the Burmese military and who are otherwise eligible for admission into the United States. “(b) Financial Sanctions.— “(1) Blocked property .— No property or interest in property belonging to a person described in subsection (a)(1) may be transferred, paid, exported, withdrawn, or otherwise dealt with if— “(A) the property is located in the United States or within the possession or control of a United States person, including the overseas branch of a United States person; or “(B) the property comes into the possession or control of a United States person after the date of the enactment of this Act [ July 29, 2008 ]. “(2) Financial transactions .— Except with respect to transactions authorized under Executive Orders 13047 ( May 20, 1997 ) and 13310 ( July 28, 2003 ) [listed in a table below], no United States person may engage in a financial transaction with the SPDC or with a person described in subsection (a)(1). “(3) Prohibited activities .— Activities prohibited by reason of the blocking of property and financial transactions under this subsection shall include the following: “(A) Payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any United States person, including any United States financial institution and any branch or office of such financial institution that is located outside the United States, to the SPDC or to an individual described in subsection (a)(1). “(B) The export or reexport directly or indirectly, of any goods, technology, or services by a United States person to the SPDC, to an individual described in subsection (a)(1) or to any entity owned, controlled, or operated by the SPDC or by an individual described in such subsection. “(c) Authority for Additional Banking Sanctions.— “(1) In general .— The Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit or impose conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution (as that term is defined in section 5312 of title 31 , United States Code) or financial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the Secretary determines that the account might be used— “(A) by a foreign banking institution that holds property or an interest in property belonging to the SPDC or a person described in subsection (a)(1); or “(B) to conduct a transaction on behalf of the SPDC or a person described in subsection (a)(1). “(2) Authority to define terms .— The Secretary of the Treasury may, by regulation, further define the terms used in paragraph (1) for purposes of this section, as the Secretary considers appropriate. “(d) List of Sanctioned Officials.— “(1) In general .— Not later than 120 days after the date of the enactment of this Act [ July 29, 2008 ], the President shall transmit to the appropriate congressional committees a list of— “(A) former and present leaders of the SPDC, the Burmese military, and the USDA; “(B) officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC; “(C) any other Burmese persons or entities who provide substantial economic and political support for the SPDC, the Burmese military, or the USDA; and “(D) the immediate family members of any person described in subparagraphs (A) through (C) whom [sic] the President determines effectively controls property in the United States or has benefitted from a financial transaction with any United States person. “(2) Consideration of other data .— In preparing the list required under paragraph (1), the President shall consider the data already obtained by other countries and entities that apply sanctions against Burma, such as the Australian Government and the European Union. “(3) Updates .— The President shall transmit to the appropriate congressional committees updated lists of the persons described in paragraph (1) as new information becomes available. “(4) Identification of information .— The Secretary of State and the Secretary of the Treasury shall devote sufficient resources to the identification of information concerning potential persons to be sanctioned to carry out the purposes described in this Act. “(e) Rule of Construction .— Nothing in this section may be construed to prohibit any contract or other financial transaction with any nongovernmental humanitarian organization in Burma. “(f) Exceptions.— “(1) In general .— The prohibitions and restrictions described in subsections (b) and (c) shall not apply to medicine, medical equipment or supplies, food or feed, or any other form of humanitarian assistance provided to Burma. “(2) Regulatory exceptions .— For the following purposes, the Secretary of State may, by regulation, authorize exceptions to the prohibition and restrictions described in subsection (a), and the Secretary of the Treasury may, by regulation, authorize exceptions to the prohibitions and restrictions described in subsections (b) and (c)— “(A) to permit the United States and Burma to operate their diplomatic missions, and to permit the United States to conduct other official United States Government business in Burma; “(B) to permit United States citizens to visit Burma; and “(C) to permit the United States to comply with the United Nations Headquarters Agreement and other applicable international agreements. “(g) Penalties .— Any person who violates any prohibition or restriction imposed pursuant to subsection (b) or (c) shall be subject to the penalties under section 6 [probably means section 206] of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as for a violation under that Act [ 50 U.S.C. 1701 et seq.]. “(h) Termination of Sanctions .— The sanctions imposed under subsection (a), (b), or (c) shall apply until the President determines and certifies to the appropriate congressional committees that the SPDC has— “(1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; “(2) entered into a substantive dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law; and “(3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. “(i) Waiver .— The President may waive the sanctions described in subsections (b) and (c) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. “SEC. 6. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003. “(a) In General .— [Amended Pub. L. 108–61 , set out below.] “(b) Duration of Sanctions. — “(1) Continuation of import sanctions .— [Amended Pub. L. 108–61 , set out below.] “(2) Renewal resolutions .— [Amended Pub. L. 108–61 , set out below.] “(3) Effective date.— “(A) In general .— The amendments made by this subsection take effect on the day after the date of the enactment of 5th [sic] renewal resolution enacted into law after the date of the enactment of the Burmese Freedom and Democracy Act of 2003 [ July 28, 2003 ], or the date of the enactment of this Act [ July 29, 2008 ], whichever occurs later. “(B) Renewal resolution defined .— In this paragraph, the term ‘renewal resolution’ means a renewal resolution described in section 9(c) of the Burmese Freedom and Democracy Act of 2003 [ Pub. L. 108–61 , set out below] that is enacted into law in accordance with such section. “(c) Conforming Amendment .— [Amended Pub. L. 108–61 , set out below.] “[SEC. 7. Repealed. Pub. L. 117–81, div. E, title LI, § 5106 , Dec. 27, 2021 , 135 Stat. 2347 .] “SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA. “(a) In General .— The President is authorized to assist Burmese democracy activists who are dedicated to nonviolent opposition to the SPDC in their efforts to promote freedom, democracy, and human rights in Burma. “(b) Authorization of Appropriations .— There are authorized to be appropriated $5,000,000 to the Secretary of State for fiscal year 2008 to— “(1) provide aid to democracy activists in Burma; “(2) provide aid to individuals and groups conducting democracy programming outside of Burma targeted at a peaceful transition to constitutional democracy inside Burma; and “(3) expand radio and television broadcasting into Burma. “SEC. 9. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING THE HUMANITARIAN NEEDS OF THE BURMESE PEOPLE. “(a) Sense of Congress .— It is the sense of Congress that the international community should increase support for nongovernmental organizations attempting to meet the urgent humanitarian needs of the Burmese people. “(b) Licenses for Humanitarian or Religious Activities in Burma .— [Amended Pub. L. 108–61 , set out below.] “(c) Authorization of Appropriations.— “(1) In general .— Notwithstanding any other provision of law, there are authorized to be appropriated $11,000,000 to the Secretary of State for fiscal year 2008 to support operations by nongovernmental organizations, subject to paragraph (2), designed to address the humanitarian needs of the Burmese people inside Burma and in refugee camps in neighboring countries. “(2) Limitation.— “(A) In general .— Except as provided under subparagraph (B), amounts appropriated pursuant to paragraph (1) may not be provided to— “(i) SPDC-controlled entities; “(ii) entities run by members of the SPDC or their families; or “(iii) entities providing cash or resources to the SPDC, including organizations affiliated with the United Nations. “(B) Waiver .— The President may waive the funding restriction described in subparagraph (A) if— “(i) the President determines and certifies to the appropriate congressional committees that such waiver is in the national interests of the United States; “(ii) a description of the national interests need for the waiver is submitted to the appropriate congressional committees; and “(iii) the description submitted under clause (ii) is posted on a publicly accessible Internet Web site of the Department of State. “SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA. “(a) In General .— Not later than 180 days after the date of the enactment of this Act [ July 29, 2008 ] and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing a list of countries, companies, and other entities that provide military or intelligence aid to the SPDC and describing such military or intelligence aid provided by each such country, company, and other entity. “(b) Military or Intelligence Aid Defined .— For the purpose of this section, the term ‘military or intelligence aid’ means, with respect to the SPDC— “(1) the provision of weapons, weapons parts, military vehicles, or military aircraft; “(2) the provision of military or intelligence training, including advice and assistance on subject matter expert exchanges; “(3) the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual-use capabilities; “(4) conducting joint military exercises; “(5) the provision of naval support, including ship development and naval construction; “(6) the provision of technical support, including computer and software development and installations, networks, and infrastructure development and construction; or “(7) the construction or expansion of airfields, including radar and anti-aircraft systems. “(c) Form .— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex and the unclassified form shall be placed on the Department of State’s website. “SEC. 11. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO BURMA. “It is the sense of Congress that the United States should lead efforts in the United Nations Security Council to impose a mandatory international arms embargo on Burma, curtailing all sales of weapons, ammunition, military vehicles, and military aircraft to Burma until the SPDC releases all political prisoners, restores constitutional rule, takes steps toward inclusion of ethnic minorities in political reconciliation efforts, and holds free and fair elections to establish a new government. “SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER. “(a) Report .— Not later than one year after the date of the enactment of this Act [ July 29, 2008 ] and annually thereafter, the Secretary of State, in consultation with the Secretary of Commerce, and other Federal officials, as appropriate, shall submit to the appropriate congressional committees a report on Burma’s timber trade containing information on the following: “(1) Products entering the United States made in whole or in part of wood grown and harvested in Burma, including measurements of annual value and volume and considering both legal and illegal timber trade. “(2) Statistics about Burma’s timber trade, including raw wood and wood products, in aggregate and broken down by country and timber species, including measurements of value and volume and considering both legal and illegal timber trade. “(3) A description of the chains of custody of products described in paragraph (1), including direct trade streams from Burma to the United States and via manufacturing or transshipment in third countries. “(4) Illegalities, abuses, or corruption in the Burmese timber sector. “(5) A description of all common consumer and commercial applications unique to Burmese hardwoods, including the furniture and marine manufacturing industries. “(b) Recommendations .— The report required under subsection (a) shall include recommendations on the following: “(1) Alternatives to Burmese hardwoods for the commercial applications described in paragraph (5) of subsection (a), including alternative species of timber that could provide the same applications. “(2) Strategies for encouraging sustainable management of timber in locations with potential climate, soil, and other conditions to compete with Burmese hardwoods for the consumer and commercial applications described in paragraph (5) of subsection (a). “(3) The appropriate United States and international customs documents and declarations that would need to be kept and compiled in order to establish the chain of custody concerning products described in paragraphs (1) and (3) of subsection (a). “(4) Strategies for strengthening the capacity of Burmese civil society, including Burmese society in exile, to monitor and report on the SPDC’s trade in timber and other extractive industries so that Burmese natural resources can be used to benefit the majority of Burma’s population. “SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE SPDC. “(a) In General .— Not later than 180 days after the date of the enactment of this Act [ July 29, 2008 ] and annually thereafter, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Ways and Means of the House of the [sic] Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Finance of the Senate a report containing a list of all countries and foreign banking institutions that hold assets on behalf of senior Burmese officials. “(b) Definitions .— For the purpose of this section: “(1) Senior burmese officials .— The term ‘senior Burmese officials’ shall mean individuals covered under section 5(d)(1) of this Act. “(2) Other terms .— Other terms shall be defined under the authority of and consistent with section 5(c)(2) of this Act. “(c) Form .— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex. The report shall also be posted on the Department of Treasury’s website not later than 30 days of the submission to Congress of the report. To the extent possible, the report shall include the names of the senior Burmese officials and the approximate value of their holdings in the respective foreign banking institutions and any other pertinent information. “SEC. 14. UNOCAL PLAINTIFFS. “(a) Sense of Congress .— It is the Sense of Congress that the United States should work with the Royal Thai Government to ensure the safety in Thailand of the 15 plaintiffs in the Doe v. Unocal case, and should consider granting refugee status or humanitarian parole to these plaintiffs to enter the United States consistent with existing United States law. “(b) Report .— Not later than 90 days after the date of the enactment of this Act [ July 29, 2008 ], the President shall submit to the appropriate Congressional committees a report on the status of the Doe vs. Unocal plaintiffs and whether the plaintiffs have been granted refugee status or humanitarian parole. “SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN BURMA’S OIL AND GAS INDUSTRY. “(a) Findings and Declarations .— Congress finds the following: “(1) Currently United States, French, and Thai investors are engaged in the production and delivery of natural gas in the pipeline from the Yadana and Sein fields (Yadana pipeline) in the Andaman Sea, an enterprise which falls under the jurisdiction of the Burmese Government, and United States investment by Chevron represents approximately a 28 percent nonoperated, working interest in that pipeline. “(2) The Congressional Research Service estimates that the Yadana pipeline provides at least $500,000,000 in annual revenue for the Burmese Government. “(3) The natural gas that transits the Yadana pipeline is delivered primarily to Thailand, representing about 20 percent of Thailand’s total gas supply. “(4) The executive branch has in the past exempted investment in the Yadana pipeline from the sanctions regime against the Burmese Government. “(5) Congress believes that United States companies ought to be held to a high standard of conduct overseas and should avoid as much as possible acting in a manner that supports repressive regimes such as the Burmese Government. “(6) Congress recognizes the important symbolic value that divestment of United States holdings in Burma would have on the international sanctions effort, demonstrating that the United States will continue to lead by example. “(b) Statement of Policy.— “(1) Congress urges Yadana investors to consider voluntary divestment over time if the Burmese Government fails to take meaningful steps to release political prisoners, restore civilian constitutional rule and promote national reconciliation. “(2) Congress will remain concerned with the matter of continued investment in the Yadana pipeline in the years ahead. “(3) Congress urges the executive branch to work with all firms invested in Burma’s oil and gas sector to use their influence to promote the peaceful transition to civilian democratic rule in Burma. “(c) Sense of Congress .— It is the sense of Congress that so long as Yadana investors remain invested in Burma, such investors should— “(1) communicate to the Burmese Government, military and business officials, at the highest levels, concern about the lack of genuine consultation between the Burmese Government and its people, the failure of the Burmese Government to use its natural resources to benefit the Burmese people, and the military’s use of forced labor; “(2) publicly disclose and deal with in a transparent manner, consistent with legal obligations, its role in any ongoing investment in Burma, including its financial involvement in any joint production agreement or other joint ventures and the amount of their direct or indirect support of the Burmese Government; and “(3) work with project partners to ensure that forced labor is not used to construct, maintain, support, or defend the project facilities, including pipelines, offices, or other facilities.”
[Ex. Ord. No. 13651, § 8, Aug. 6, 2013, 78 F.R. 48794, determined and certified under section 5(i) of Pub. L. 110–286, set out above, that it was in the national interest of the United States to waive, and did waive, the sanctions described in section 5(b) of Pub. L. 110–286, subject to an exception continuing the prohibition of certain transactions.]
[Memorandum of President of the United States, Aug. 29, 2012, 77 F.R. 57479, delegated to the Secretary of State the functions and authority conferred upon the President by section 5(a)(2) of Pub. L. 110–286, set out above, to waive the visa ban under section 5(a)(1) of that Act, and to make the specified certification to Congress.]
Pub. L. 108–61, July 28, 2003, 117 Stat. 864, as amended by Pub. L. 109–251, § 1, Aug. 1, 2006, 120 Stat. 654; Pub. L. 110–286, §§ 6(a)–(b)(2), (c), 9(b), July 29, 2008, 122 Stat. 2638, 2642–2644; Pub. L. 111–42, title I, § 101, July 28, 2009, 123 Stat. 1963; Pub. L. 112–163, § 3(a), Aug. 10, 2012, 126 Stat. 1277, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Burmese Freedom and Democracy Act of 2003’. “SEC. 2. FINDINGS. “Congress makes the following findings: “(1) The State Peace and Development Council (SPDC) has failed to transfer power to the National League for Democracy (NLD) whose parliamentarians won an overwhelming victory in the 1990 elections in Burma. “(2) The SPDC has failed to enter into meaningful, political dialogue with the NLD and ethnic minorities and has dismissed the efforts of United Nations Special Envoy Razali bin Ismail to further such dialogue. “(3) According to the State Department’s ‘Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma’ dated March 28, 2003 , the SPDC has become ‘more confrontational’ in its exchanges with the NLD. “(4) On May 30, 2003 , the SPDC, threatened by continued support for the NLD throughout Burma, brutally attacked NLD supporters, killed and injured scores of civilians, and arrested democracy advocate Aung San Suu Kyi and other activists. “(5) The SPDC continues egregious human rights violations against Burmese citizens, uses rape as a weapon of intimidation and torture against women, and forcibly conscripts child-soldiers for the use in fighting indigenous ethnic groups. “(6) The SPDC is engaged in ethnic cleansing against minorities within Burma, including the Karen, Karenni, and Shan people, which constitutes a crime against humanity and has directly led to more than 600,000 internally displaced people living within Burma and more than 130,000 people from Burma living in refugee camps along the Thai-Burma border. “(7) The ethnic cleansing campaign of the SPDC is in sharp contrast to the traditional peaceful coexistence in Burma of Buddhists, Muslims, Christians, and people of traditional beliefs. “(8) The SPDC has demonstrably failed to cooperate with the United States in stopping the flood of heroin and methamphetamines being grown, refined, manufactured, and transported in areas under the control of the SPDC serving to flood the region and much of the world with these illicit drugs. “(9) The SPDC provides safety, security, and engages in business dealings with narcotics traffickers under indictment by United States authorities, and other producers and traffickers of narcotics. “(10) The International Labor Organization (ILO), for the first time in its 82-year history, adopted in 2000, a resolution recommending that governments, employers, and workers organizations take appropriate measures to ensure that their relations with the SPDC do not abet the government-sponsored system of forced, compulsory, or slave labor in Burma, and that other international bodies reconsider any cooperation they may be engaged in with Burma and, if appropriate, cease as soon as possible any activity that could abet the practice of forced, compulsory, or slave labor. “(11) The SPDC has integrated the Burmese military and its surrogates into all facets of the economy effectively destroying any free enterprise system. “(12) Investment in Burmese companies and purchases from them serve to provide the SPDC with currency that is used to finance its instruments of terror and repression against the Burmese people. “(13) On April 15, 2003 , the American Apparel and Footwear Association expressed its ‘strong support for a full and immediate ban on U.S. textiles, apparel and footwear imports from Burma’ and called upon the United States Government to ‘impose an outright ban on U.S. imports’ of these items until Burma demonstrates respect for basic human and labor rights of its citizens. “(14) The policy of the United States, as articulated by the President on April 24, 2003 , is to officially recognize the NLD as the legitimate representative of the Burmese people as determined by the 1990 election. “(15) The United States must work closely with other nations, including Thailand, a close ally of the United States, to highlight attention to the SPDC’s systematic abuses of human rights in Burma, to ensure that nongovernmental organizations promoting human rights and political freedom in Burma are allowed to operate freely and without harassment, and to craft a multilateral sanctions regime against Burma in order to pressure the SPDC to meet the conditions identified in section 3(a)(3) of this Act. “SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA. “(a) General Ban.— “(1) In general .— Notwithstanding any other provision of law, until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), beginning 30 days after the date of the enactment of this Act [ July 28, 2003 ], the President shall ban the importation of any article that is a product of Burma. “(2) Ban on imports from certain companies .— The import restrictions contained in paragraph (1) shall apply to, among other entities— “(A) the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family member of such member; “(B) known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker; “(C) the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest; “(D) the Myanmar Economic Corporation (MEC) or any company in which the MEC has a fiduciary interest; “(E) the Union Solidarity and Development Association (USDA); and “(F) any successor entity for the SPDC, UMEHI, MEC, or USDA. “(3) Conditions described .— The conditions described in this paragraph are the following: “(A) The SPDC has made substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congressional committees that the SPDC no longer systematically violates workers rights, including the use of forced and child labor, and conscription of child-soldiers. “(B) The SPDC has made measurable and substantial progress toward implementing a democratic government including— “(i) releasing all political prisoners; “(ii) allowing freedom of speech and the press; “(iii) allowing freedom of association; “(iv) permitting the peaceful exercise of religion; and “(v) bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma’s ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law. “(C) Pursuant to section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ) [ 22 U.S.C. 2291j–1(2) ], Burma has not been designated as a country that has failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including, but not limited to (i) the arrest and extradition of all individuals under indictment in the United States for narcotics trafficking, (ii) concrete and measurable actions to stem the flow of illicit drug money into Burma’s banking system and economic enterprises, and (iii) actions to stop the manufacture and export of methamphetamines. “(4) Appropriate congressional committees .— In this subsection, the term ‘appropriate congressional committees’ means the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations [now Foreign Affairs] and Appropriations of the House of Representatives. “(b) Waiver Authorities .— The President may waive the restrictions described in this section or section 3A(b)(1) or (c)(1) for any or all articles that are subject to such restrictions if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives that to do so is in the national interest of the United States. “SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA. “(a) Definitions .— In this section: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and “(B) the Committee on Finance and the Committee on Foreign Relations of the Senate. “(2) Burmese covered article .— The term ‘Burmese covered article’ means— “(A) jadeite mined or extracted from Burma; “(B) rubies mined or extracted from Burma; or “(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B). “(3) Non-burmese covered article .— The term ‘non-Burmese covered article’ means— “(A) jadeite mined or extracted from a country other than Burma; “(B) rubies mined or extracted from a country other than Burma; or “(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B). “(4) Jadeite; rubies; articles of jewelry containing jadeite or rubies.— “(A) Jadeite .— The term ‘jadeite’ means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States (in this paragraph referred to as the ‘HTS’) [see Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19 , Customs Duties]. “(B) Rubies .— The term ‘rubies’ means any rubies classifiable under heading 7103 of the HTS. “(C) Articles of jewelry containing jadeite or rubies .— The term ‘articles of jewelry containing jadeite or rubies’ means— “(i) any article of jewelry classifiable under heading 7113 of the HTS that contains jadeite or rubies; or “(ii) any article of jadeite or rubies classifiable under heading 7116 of the HTS. “(5) United states .— The term ‘United States’, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. “(b) Prohibition on Importation of Burmese Covered Articles.— “(1) In general .— Notwithstanding any other provision of law, until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall prohibit the importation into the United States of any Burmese covered article. “(2) Regulatory authority .— The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition under paragraph (1). “(3) Other actions .— Beginning on the date of the enactment of this Act [ July 28, 2003 ], the President shall take all appropriate actions to seek the following: “(A) The issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization granting a waiver of the applicable obligations of the United States under the World Trade Organization with respect to the provisions of this section and any measures taken to implement this section. “(B) The adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles. “(c) Requirements for Importation of Non-Burmese Covered Articles.— “(1) In general .— Except as provided in paragraph (2), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall require as a condition for the importation into the United States of any non-Burmese covered article that— “(A) the exporter of the non-Burmese covered article has implemented measures that have substantially the same effect and achieve the same goals as the measures described in clauses (i) through (iv) of paragraph (2)(B) (or their functional equivalent) to prevent the trade in Burmese covered articles; and “(B) the importer of the non-Burmese covered article agrees— “(i) to maintain a full record of, in the form of reports or otherwise, complete information relating to any act or transaction related to the purchase, manufacture, or shipment of the non-Burmese covered article for a period of not less than 5 years from the date of entry of the non-Burmese covered article; and “(ii) to provide the information described in clause (i) within the custody or control of such person to the relevant United States authorities upon request. “(2) Exception.— “(A) In general .— The President may waive the requirements of paragraph (1) with respect to the importation of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees has implemented the measures described in subparagraph (B) (or their functional equivalent) to prevent the trade in Burmese covered articles. “(B) Measures described .— The measures referred to in subparagraph (A) are the following: “(i) With respect to exportation from the country of jadeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to exportation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted, total carat weight, and value of the jadeite or rubies. “(ii) With respect to exportation from the country of finished jadeite or polished rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. “(iii) With respect to exportation from the country of articles of jewelry containing jadeite or rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the article of jewelry containing jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. “(iv) Verifiable recordkeeping by all entities and individuals engaged in mining, importation, and exportation of non-Burmese covered articles in the country, and subject to inspection and verification by authorized authorities of the government of the country in accordance with applicable law. “(v) Implementation by the government of the country of proportionate and dissuasive penalties against any persons who violate laws and regulations designed to prevent trade in Burmese covered articles. “(vi) Full cooperation by the country with the United Nations or other official international organizations that seek to prevent trade in Burmese covered articles. “(3) Regulatory authority .— The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders and conduct such investigations, as may be necessary to implement the provisions under paragraphs (1) and (2). “(d) Inapplicability.— “(1) In general .— The requirements of subsection (b)(1) and subsection (c)(1) shall not apply to Burmese covered articles and non-Burmese covered articles, respectively, that were previously exported from the United States, including those that accompanied an individual outside the United States for personal use, if they are reimported into the United States by the same person, without having been advanced in value or improved in condition by any process or other means while outside the United States. “(2) Additional provision .— The requirements of subsection (c)(1) shall not apply with respect to the importation of non-Burmese covered articles that are imported by or on behalf of an individual for personal use and accompanying an individual upon entry into the United States. “(e) Enforcement .— Burmese covered articles or non-Burmese covered articles that are imported into the United States in violation of any prohibition of this Act or any other provision law [sic] shall be subject to all applicable seizure and forfeiture laws and criminal and civil laws of the United States to the same extent as any other violation of the customs laws of the United States. “(f) Sense of Congress.— “(1) In general .— It is the sense of Congress that the President should take the necessary steps to seek to negotiate an international arrangement—similar to the Kimberley Process Certification Scheme for conflict diamonds—to prevent the trade in Burmese covered articles. Such an international arrangement should create an effective global system of controls and should contain the measures described in subsection (c)(2)(B) (or their functional equivalent). “(2) Kimberley process certification scheme defined .— In paragraph (1), the term ‘Kimberley Process Certification Scheme’ has the meaning given the term in section 3(6) of the Clean Diamond Trade Act ( Public Law 108–19 ; 19 U.S.C. 3902(6) ). “(g) Report.— “(1) In general .— Not later than 180 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of such Act to seek— “(A) the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization, as specified in subsection (b)(3)(A); “(B) the adoption of a resolution by the United Nations General Assembly, as specified in subsection (b)(3)(B); and “(C) the negotiation of an international arrangement, as specified in subsection (f)(1). “(2) Update .— The President shall make continued efforts to seek the items specified in subparagraphs (A), (B), and (C) of paragraph (1) and shall promptly update the appropriate congressional committees on subsequent developments with respect to these efforts. “(h) GAO Report .— Not later than 14 months after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the effectiveness of the implementation of this section. The Comptroller General shall include in the report any recommendations for improving the administration of this Act. “SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES. “(a) Reporting Requirement .— Not later than 60 days after the date of enactment of this Act [ July 28, 2003 ], the President shall take such action as is necessary to direct, and promulgate regulations to the same, that any United States financial institution holding funds belonging to the SPDC or the assets of those individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, shall promptly report those funds or assets to the Office of Foreign Assets Control. “(b) Additional Authority .— The President may take such action as may be necessary to impose a sanctions regime to freeze such funds or assets, subject to such terms and conditions as the President determines to be appropriate. “(c) Delegation .— The President may delegate the duties and authorities under this section to such Federal officers or other officials as the President deems appropriate. “SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS. “(a) Opposition to Assistance to Burma .— The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose, and vote against the extension by such institution of any loan or financial or technical assistance to Burma until such time as the conditions described in section 3(a)(3) are met. “(b) Licenses for Humanitarian or Religious Activities in Burma .— Notwithstanding any other provision of law, the Secretary of the Treasury is authorized to issue multi-year licenses for humanitarian or religious activities in Burma. “SEC. 6. EXPANSION OF VISA BAN. “(a) In General.— “(1) Visa ban .— The President is authorized to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. “(2) Updates .— The Secretary of State shall coordinate on a biannual basis with representatives of the European Union to allow officials of the United States and the European Union to ensure a high degree of coordination of lists of individuals banned from obtaining a visa by the European Union for the reason described in paragraph (1) and those banned from receiving a visa from the United States. “(b) Publication .— The Secretary of State shall post on the Department of State’s website the names of individuals whose entry into the United States is banned under subsection (a). “SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION. “Congress encourages the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma’s democratic movement including the National League for Democracy and Burma’s ethnic groups. “SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA. “(a) In General .— The President is authorized to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma, including a listing of constraints on such programming. “(b) Reports.— “(1) First report .— Not later than 3 months after the date of enactment of this Act [ July 28, 2003 ], the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a comprehensive report on its short- and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming. “(2) Report on resources .— Not later than 6 months after the date of enactment of this Act, the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a report identifying resources that will be necessary for the reconstruction of Burma, after the SPDC is removed from power, including— “(A) the formation of democratic institutions; “(B) establishing the rule of law; “(C) establishing freedom of the press; “(D) providing for the successful reintegration of military officers and personnel into Burmese society; and “(E) providing health, educational, and economic development. “(3) Report on trade sanctions .— Not later than 90 days before the date on which the import restrictions contained in section 3(a)(1) are to expire, the Secretary of State, in consultation with the United States Trade Representative and the heads of appropriate agencies, shall submit to the Committees on Appropriations, Finance, and Foreign Relations of the Senate, and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives, a report on— “(A) bilateral and multilateral measures undertaken by the United States Government and other governments to promote human rights and democracy in Burma; “(B) the extent to which actions related to trade with Burma taken pursuant to this Act have been effective in— “(i) improving conditions in Burma, including human rights violations, arrest and detention of democracy activists, forced and child labor, and the status of dialogue between the SPDC and the NLD and ethnic minorities; “(ii) furthering the policy objections of the United States toward Burma; and “(C) the impact of actions relating to trade take [sic] pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States. “SEC. 9. DURATION OF SANCTIONS. “(a) Termination by Request From Democratic Burma .— The President may terminate any provision in this Act upon the request of a democratically elected government in Burma, provided that all the conditions in section 3(a)(3) have been met. “(b) Continuation of Import Sanctions.— “(1) Expiration .— The import restrictions contained in section 3(a)(1) shall expire 1 year from the date of enactment of this Act [ July 28, 2003 ] unless renewed under paragraph (2) of this section [subsection]. “(2) Resolution by congress .— The import restrictions contained in section 3(a)(1) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (c). “(3) Limitation .— The import restrictions contained in section 3(a)(1) may be renewed for a maximum of twelve years from the date of the enactment of this Act [ July 28, 2003 ]. “(4) Rule of construction .— For purposes of this subsection, any reference to section 3(a)(1) shall be deemed to include a reference to section 3A(b)(1) and (c)(1). “(c) Renewal Resolutions.— “(1) In general .— For purposes of this section, the term ‘renewal resolution’ means a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: ‘That Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.’. “(2) Procedures.— “(A) In general .— A renewal resolution— “(i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1); and “(ii) the provisions of subparagraph (B) shall apply. “(B) Expedited consideration .— The provisions of section 152(b), (c), (d), (e), and (f) of the Trade Act of 1974 ( 19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974.”
[For effective date of amendment by Pub. L. 110–286, § 6(b)(1), (2), see section 6(b)(3) of Pub. L. 110–286, set out above.]
[Pub. L. 109–251, § 3, Aug. 1, 2006, 120 Stat. 654, provided that:
“This Act [enacting note below and amending Pub. L. 108–61 set out above] and the amendments made by this Act shall take effect on the date of the enactment of this Act [ Aug. 1, 2006 ] or July 26, 2006 , whichever occurs first.”
]
[Proc. No. 8294, Sept. 26, 2008, 73 F.R. 57223, provided: in par. (2), that beginning on Sept. 27, 2008, importation of Burmese covered articles into the United States is prohibited, subject to certain exceptions; in par. (3), that beginning on Sept. 27, 2008, importation of non-Burmese covered articles into the United States is subject to certain conditions, with certain exceptions; in par. (4), that the Secretary of the Treasury and the Secretary of Homeland Security are authorized to issue regulations, licenses, and orders and to conduct necessary investigations to implement the prohibition on Burmese covered articles and the conditions for importation of non-Burmese covered articles set forth in section 3A(b), (c) of Pub. L. 108–61, set out above, and also to redelegate those functions as necessary; in par. (5), that the Secretary of the Treasury, in consultation with the Secretary of State, is authorized to perform the functions set forth in section 3A(c)(2)(A) of Pub. L. 108–61 relating to the issuance of waivers and may redelegate those functions; in par. (6), that the United States Trade Representative is authorized to perform the functions specified in section 3A(b)(3)(A) of Pub. L. 108–61; and, in pars. (7) to (9), that the Secretary of State is authorized to perform the functions specified in sections 3(b) and 3A(b)(3)(B) of Pub. L. 108–61, as well as the functions in section 3A(g) of that Act, in consultation with the United States Trade Representative.]
[Certain powers of President under sections 3(a) and 4 of Pub. L. 108–61, set out above, delegated to Secretary of the Treasury and functions and authorities of President under section 3(b) of Pub. L. 108–61 delegated to Secretary of State by section 9 of Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44854, listed in a table below.]
[Certain powers of President under section 4 of Pub. L. 108–61, set out above, delegated to Secretary of the Treasury by section 6 of Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60225, listed in a table below.]
Provisions similar to those contained in section 5(a) of Pub. L. 108–61, set out above, were contained in the following appropriation acts:
Pub. L. 112–74, div. I, title VII, § 7044(b)(1), Dec. 23, 2011, 125 Stat. 1230.
Pub. L. 111–117, div. F, title VII, § 7071(b)(1), Dec. 16, 2009, 123 Stat. 3388.
Pub. L. 111–8, div. H, title VII, § 7071(b)(1), Mar. 11, 2009, 123 Stat. 903.
Pub. L. 110–161, div. J, title VI, § 638(b)(1), Dec. 26, 2007, 121 Stat. 2333.
Pub. L. 109–102, title V, § 526(a), Nov. 14, 2005, 119 Stat. 2205.
Pub. L. 108–447, div. D, title V, § 531(a), Dec. 8, 2004, 118 Stat. 3004.
Pub. L. 108–199, div. D, title V, § 531(a), Jan. 23, 2004, 118 Stat. 180.
Pub. L. 112–163, § 3(b), (c), Aug. 10, 2012, 126 Stat. 1277, provided that:
“(b) Renewal of Import Restrictions.— “(1) In general .— Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003 [ Pub. L. 108–61 , set out above]. “(2) Rule of construction .— This section shall be deemed to be a ‘renewal resolution’ for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003. “(c) Effective Date .— This section [enacting this note and amending Pub. L. 108–61 , set out above] and the amendment made by this section shall take effect on the date of the enactment of this Act [ Aug. 10, 2012 ] or July 26, 2012 , whichever occurs first.”
Prior similar provisions were contained in the following Acts:
Pub. L. 112–36, § 140, Oct. 5, 2011, 125 Stat. 391.
Pub. L. 112–33, § 140, Sept. 30, 2011, 125 Stat. 368.
Pub. L. 111–210, § 1, July 27, 2010, 124 Stat. 2256.
Pub. L. 111–42, title I, § 102, July 28, 2009, 123 Stat. 1963.
Pub. L. 110–287, § 1, July 29, 2008, 122 Stat. 2649.
Pub. L. 110–52, §§ 1, 4, Aug. 1, 2007, 121 Stat. 264.
Pub. L. 109–251, § 2, Aug. 1, 2006, 120 Stat. 654.
Pub. L. 109–39, July 27, 2005, 119 Stat. 409.
Pub. L. 108–272, July 7, 2004, 118 Stat. 818.
Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 570], Sept. 30, 1996, 110 Stat. 3009–121, 3009–166, as amended by Pub. L. 117–81, div. E, title LI, § 5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, provided that:
“(a) Until such time as the President determines and certifies to Congress that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government, the following sanctions shall be imposed on Burma: “(1) Bilateral assistance .— There shall be no United States assistance to the Government of Burma, other than: “(A) humanitarian assistance, “(B) subject to the regular notification procedures of the Committees on Appropriations, counter-narcotics assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 [ Pub. L. 87–195 ], or crop substitution assistance, if the Secretary of State certifies to the appropriate congressional committees that— “(i) the Government of Burma is fully cooperating with United States counter-narcotics efforts, and “(ii) the programs are fully consistent with United States human rights concerns in Burma and serve the United States national interest, and “(C) assistance promoting human rights and democratic values. “(2) Multilateral assistance .— The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan or other utilization of funds of the respective bank to or for Burma. “(3) Visas .— Except as required by treaty obligations or to staff the Burmese mission to the United States, the United States should not grant entry visas to any Burmese government official. “(b) Conditional Sanctions .— The President is hereby authorized to prohibit, and shall prohibit[,] United States persons from new investment in Burma, if the President determines and certifies to Congress that, after the date of enactment of this Act [ Sept. 30, 1996 ], the Government of Burma has physically harmed, rearrested for political acts, or exiled Daw Aung San Suu Kyi or has committed large-scale repression of or violence against the Democratic opposition. “(c) Multilateral Strategy .— The President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to— “(1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; “(2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta; “(3) impose costs on the military junta; “(4) secure the unconditional release of all political prisoners in Burma; “(5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; “(6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma; “(7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and “(8) counter corrosive malign influence of the People’s Republic of China and the Russian Federation in Burma. “(d) Presidential Reports .— Every year following the enactment of this Act [ Sept. 30, 1996 ], the President shall report to the Chairmen of the Committee on Foreign Relations, the Committee on International Relations and the House and Senate Appropriations Committees on the following: “(1) progress towards inclusive, democratic governance in Burma; “(2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; “(3) progress toward broad-based and inclusive economic growth; “(4) progress toward genuine national reconciliation; “(5) steps taken to impose costs on the military junta; “(6) progress made in advancing the strategy referred to in subsection (c); and “(7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma. “(e) Waiver Authority .— The President shall have the authority to waive, temporarily or permanently, any sanction referred to in subsection (a) or subsection (b) if he determines and certifies to Congress that the application of such sanction would be contrary to the national security interests of the United States. “(f) Definitions.— “(1) The term ‘international financial institutions’ shall include the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, and the International Monetary Fund. “(2) The term ‘new investment’ shall mean any of the following activities if such an activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Burma or a nongovernmental entity in Burma, on or after the date of the certification under subsection (b): “(A) the entry into a contract that includes the economical development of resources located in Burma, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract; “(B) the purchase of a share of ownership, including an equity interest, in that development; “(C) the entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation: Provided , That the term ‘new investment’ does not include the entry into, performance of, or financing of a contract to sell or purchase goods, services, or technology.”
[Pub. L. 117–81, div. E, title LI, § 5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, which directed the amendment of section 570 of Pub. L. 104–208, was executed by amending Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 570] (set out above), to reflect the probable intent of Congress.]
[Pub. L. 117–81, div. E, title LI, § 5114(a)(2), Dec. 27, 2021, 135 Stat. 2352, provided that:
“The amendments made by paragraph (1) [amending section 570 Pub. L. 104–208 , set out above] shall take effect on the date of the enactment of this Act [ Dec. 27, 2021 ] and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 [set out above] that is required after the date of the enactment of this Act.”
]
Determination of President of the United States, No. 2017–04, Dec. 2, 2016, 81 F.R. 94211, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States, including section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104–208) (the “Act”), I hereby determine and certify, pursuant to section 570(a) of the Act, that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government.
You are authorized and directed to provide this determination and the accompanying Memorandum of Justification to the Congress and to publish the determination in the Federal Register.
Barack Obama.
Determination of President of the United States, No. 2009–11, Jan. 15, 2009, 74 F.R. 3957, provided:
Memorandum for the Secretary of State [and] the Secretary of the Treasury
By the authority vested in me as President by the Constitution and laws of the United States, including the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286) (JADE Act) [set out as a note above] and section 301 of title 3, United States Code, in order to ensure that the United States Government’s sanctions against the Burmese leadership and its supporters continue to be implemented effectively, to allow the reconciliation of measures applicable to persons sanctioned under the JADE Act with measures applicable to the same persons sanctioned under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and to allow for the implementation of additional appropriate sanctions:
(1) I hereby waive, pursuant to section 5(i) of the JADE Act, the provisions of section 5(b) of the JADE Act with respect to those persons described in section 5(a)(1) of the JADE Act who are not included on the Department of the Treasury’s List of Specially Designated Nationals and Blocked Persons. Because the imposition of effective and meaningful blocking sanctions requires the identification of those individuals and entities targeted for sanction and the authorization of certain limited exceptions to the prohibitions and restrictions that would otherwise apply, I hereby determine and certify that such a limited waiver is in the national interest of the United States.
(2) I hereby delegate to the Secretary of the Treasury the waiver authority set forth in section 5(i) of the JADE Act, including the authority to invoke or revoke the waiver with respect to any person or persons or any transaction or category of transactions or prohibitions by making the necessary determination and certification regarding the national interest of the United States set forth in that section. I hereby direct the Secretary of the Treasury, after consultation with the Secretary of State and with necessary support from the Intelligence Community, as defined in section 3(4) of the National Security Act of 1947, as amended ([former] 50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)], to continue to target aggressively the Burmese regime and its lines of support. I further delegate to the Secretary of the Treasury the authority to take such actions as may be necessary to carry out the purposes of section 5(b) of the JADE Act. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. The authorities delegated to the Secretary of the Treasury under this memorandum shall be exercised after consultation with the Secretary of State.
(3) I authorize the Secretary of State, after consultation with the Secretary of the Treasury, to take such actions as may be necessary to make the submissions to the appropriate congressional committees pursuant to section 5(d) of the JADE Act.
I hereby authorize and direct the Secretary of the Treasury to report this determination to the appropriate congressional committees and to publish it in the Federal Register.
George W. Bush.
Pub. L. 108–497, Dec. 23, 2004, 118 Stat. 4012, as amended by Pub. L. 109–344, §§ 5(a), (b), 8(b), Oct. 13, 2006, 120 Stat. 1875, 1876, 1879, known as the Comprehensive Peace in Sudan Act of 2004, which enforced a comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act and the Machakos Protocol of 2002, and continued to provide humanitarian assistance to the areas of Sudan to which the United States has access, was repealed by Pub. L. 116–283, div. A, title XII, § 1270E(b), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.
Pub. L. 107–245, Oct. 21, 2002, 116 Stat. 1504, as amended by Pub. L. 108–497, § 5, Dec. 23, 2004, 118 Stat. 4016; Pub. L. 109–344, § 9, Oct. 13, 2006, 120 Stat. 1880, known as the Sudan Peace Act, which authorized increased assistance to the areas of Sudan not controlled by the Government of Sudan to prepare the population for peace and democratic governance, was repealed by Pub. L. 116–283, div. A, title XII, § 1270E(a), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.
[Memorandum of President of the United States, Oct. 26, 2020, 85 F.R. 71213, certified, pursuant to section 6(e) of the Comprehensive Peace in Sudan Act of 2004 (Pub. L. 108–497, formerly set out above), that the Government of Sudan has taken demonstrable steps in accordance with section 12(a)(2) of the Sudan Peace Act of 2002 (Pub. L. 107–245, formerly set out above).]
Provisions certifying good faith negotiations between the Government of Sudan and the Sudan People’s Liberation Movement were contained in the following:
Determination of President of the United States, No. 2004–29, Apr. 21, 2004, 69 F.R. 24905.
Determination of President of the United States, No. 2004–05, Oct. 21, 2003, 68 F.R. 63977.
Determination of President of the United States, No. 2003–21, Apr. 21, 2003, 68 F.R. 20329.
Pub. L. 108–199, div. D, title V, § 534(j), Jan. 23, 2004, 118 Stat. 182, defined terms for purposes of section 501 of Pub. L. 106–570, formerly set out below.
Pub. L. 106–570, title V, § 501, Dec. 27, 2000, 114 Stat. 3050, authorized the President to undertake appropriate programs with indigenous groups, agencies, or organizations in areas outside of control of the Government of Sudan in order to benefit the economic development of that area and its people and exempted exports from those areas from the export prohibitions of Ex. Ord. No. 13067, prior to repeal by Pub. L. 109–344, § 8(a), Oct. 13, 2006, 120 Stat. 1879.
Pub. L. 106–178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub. L. 107–228, div. B, title XIII, § 1306, Sept. 30, 2002, 116 Stat. 1438; Pub. L. 109–112, §§ 3–4(e)(1), Nov. 22, 2005, 119 Stat. 2368, 2369; Pub. L. 109–353, § 3, Oct. 13, 2006, 120 Stat. 2015; Pub. L. 110–329, div. A, § 125, Sept. 30, 2008, 122 Stat. 3577; Pub. L. 112–273, § 4, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 116–94, div. I, title VII, § 701, Dec. 20, 2019, 133 Stat. 3028; Pub. L. 118–159, div. G, title LXXVIII, § 7805, Dec. 23, 2024, 138 Stat. 2560, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Iran, North Korea, and Syria Nonproliferation Act’. “SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND SYRIA. “(a) Reports .— The President shall, at the times specified in subsection (b), submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that person, on or after January 1, 1999 , transferred to or acquired from Iran, on or after January 1, 2005 , transferred to or acquired from Syria, or on or after January 1, 2006 , transferred to or acquired from North Korea— “(1) goods, services, or technology listed on— “(A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions); “(B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996 , and subsequent revisions; “(C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; “(D) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or “(E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996 , and subsequent revisions; or “(2) goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. “(b) Timing of Reports .— The reports under subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act [ Mar. 14, 2000 ], not later than 6 months after such date of enactment, and not later than the end of each 6-month period thereafter. “(c) Exceptions .— Any foreign person who— “(1) was identified in a previous report submitted under subsection (a) on account of a particular transfer; or “(2) has engaged in a transfer on behalf of, or in concert with, the Government of the United States, is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or different in nature than previously reported under this section. “(d) Submission in Classified Form .— When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form. “(e) Content of Reports .— Each report under subsection (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or technology transferred by that person to Iran, the circumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person. “SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS. “(a) Application of Measures .— Subject to sections 4 and 5, the President is authorized to apply with respect to each foreign person identified in a report submitted pursuant to section 2(a), for such period of time as he may determine, any or all of the measures described in subsection (b). “(b) Description of Measures .— The measures referred to in subsection (a) are the following: “(1) Executive order no. 12938 prohibitions .— The measures set forth in subsections (b) and (c) of section 4 of Executive Order No. 12938. “(2) Arms export prohibition .— Prohibition on United States Government sales to that foreign person of any item on the United States Munitions List as in effect on August 8, 1995 , and termination of sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]. “(3) Dual use export prohibition .— Denial of licenses and suspension of existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 [ 50 U.S.C. 4601 et seq.] or the Export Administration Regulations. “(c) Effective Date of Measures .— Measures applied pursuant to subsection (a) shall be effective with respect to a foreign person no later than— “(1) 90 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(b); “(2) 90 days after the date required by section 2(b) for submitting the report, if the report identifying the foreign person is submitted within 60 days after that date; or “(3) on the date that the report identifying the foreign person is submitted, if that report is submitted more than 60 days after the date required by section 2(b). “(d) Publication in Federal Register .— The application of measures to a foreign person pursuant to subsection (a) shall be announced by notice published in the Federal Register. “SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED. “(a) Requirement To Notify Congress .— Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(b) with respect to a foreign person identified in a report submitted pursuant to section 2(a), he shall so notify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the effective date under section 3(c) for measures with respect to that person. “(b) Written Justification .— Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the foreign person identified in a report submitted pursuant to section 2(a) that support the President’s decision not to exercise the authority of section 3(a) with respect to that person. “(c) Submission in Classified Form .— When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. “SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4. “(a) In General .— Sections 3 and 4 shall not apply to a foreign person 15 days after the President reports to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that— “(1) the person did not, on or after January 1, 1999 , knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a); “(2) the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop nuclear, biological, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996 , or any subsequent revision of that list; “(3) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or “(4) the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, services, or technology which caused that person to be identified in a report submitted pursuant to section 2(a). “(b) Opportunity To Provide Information .— Congress urges the President— “(1) in every appropriate case, to contact in a timely fashion each foreign person identified in each report submitted pursuant to section 2(a), or the government with primary jurisdiction over such person, in order to afford such person, or governments, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 2(a); and “(2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 2(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted. “(c) Submission in Classified Form .— When the President considers it appropriate, the determination and report of the President under subsection (a), or appropriate parts thereof, may be submitted in classified form. “SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION. “(a) Restriction on Extraordinary Payments in Connection With the International Space Station .— Notwithstanding any other provision of law, no agency of the United States Government may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any other organization, entity, or element of the Government of the Russian Federation, unless, during the fiscal year in which the extraordinary payments in connection with the International Space Station are to be made, the President has made the determination described in subsection (b), and reported such determination to the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate. “(b) Determination Regarding Russian Cooperation in Preventing Proliferation Relating to Iran, North Korea, and Syria .— The determination referred to in subsection (a) is a determination by the President that— “(1) it is the policy of the Government of the Russian Federation to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass destruction and missile systems capable of delivering such weapons; “(2) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and “(3) neither the Russian Aviation and Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this subsection, made transfers to or from Iran, North Korea, or Syria reportable under section 2(a) of this Act (other than transfers with respect to which a determination pursuant to section 5 has been or will be made). “(c) Prior Notification .— Not less than 5 days before making a determination under subsection (b), the President shall notify the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate of his intention to make such determination. “(d) Written Justification .— A determination of the President under subsection (b) shall include a written justification describing in detail the facts and circumstances supporting the President’s conclusion. “(e) Submission in Classified Form .— When the President considers it appropriate, a determination of the President under subsection (b), a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be submitted in classified form. “(f) Exception for Crew Safety.— “(1) Exception .— The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency if the President has notified the Congress in writing that such payments are necessary to prevent the imminent loss of life by or grievous injury to individuals aboard the International Space Station. “(2) Report .— Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall submit to Congress a report describing— “(A) the extent to which the provisions of subsection (b) had been met as of the date of notification; and “(B) the measures that the National Aeronautics and Space Administration is taking to ensure that— “(i) the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and “(ii) it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station. “(g) Service Module Exception.— “(1) The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof for the construction, testing, preparation, delivery, launch, or maintenance of the Service Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the Interim Control Module and the Androgynous Peripheral Docking Adapter and related hardware for the United States propulsion module, if— “(A) the President has notified Congress at least 5 days before making such payments; “(B) no report has been made under section 2 with respect to an activity of the entity to receive such payment, and the President has no credible information of any activity that would require such a report; and “(C) the United States will receive goods or services of value to the United States commensurate with the value of the extraordinary payments made. “(2) For purposes of this subsection, the term ‘maintenance’ means activities which cannot be performed by the National Aeronautics and Space Administration and which must be performed in order for the Service Module to provide environmental control, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment. “(3) This subsection shall cease to be effective 60 days after a United States propulsion module is in place at the International Space Station. “(h) Exception .— Notwithstanding subsections (a) and (b), no agency of the United States Government may make extraordinary payments in connection with the International Space Station, or any other payments in connection with the International Space Station, to any foreign person subject to measures applied pursuant to— “(1) section 3 of this Act; or “(2) section 4 of Executive Order No. 12938 ( November 14, 1994 ), as amended by Executive Order No. 13094 ( July 28, 1998 ). Such payments shall also not be made to any other entity if the agency of the United States Government anticipates that such payments will be passed on to such a foreign person. “(i) Report on Certain Payments Related to International Space Station.— “(1) In general .— The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005 [ Nov. 22, 2005 ], made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998 , and entered into force March 27, 2001 , or any protocol, agreement, memorandum of understanding, or contract related thereto. “(2) Content .— Each report submitted under paragraph (1) shall include— “(A) the specific purpose of each payment made to each entity or person identified in the report; and “(B) with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j) ], or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ). “SEC. 7. DEFINITIONS. “For purposes of this Act, the following terms have the following meanings: “(1) Extraordinary payments in connection with the international space station .— The term ‘extraordinary payments in connection with the International Space Station’ means payments in cash or in kind made or to be made by the United States Government— “(A) for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or “(B) for work on the International Space Station not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999 , as those terms were in effect on such date, except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to December 31, 2030 , for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998 , and entered into force March 27, 2001 , or any protocol, agreement, memorandum of understanding, or contract related thereto. “(2) Foreign person; person .— The terms ‘foreign person’ and ‘person’ mean— “(A) a natural person that is an alien; “(B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country; “(C) any foreign government, including any foreign governmental entity; and “(D) any successor, subunit, or subsidiary of any entity described in subparagraph (A), (B), or (C), including any entity in which any entity described in any such subparagraph owns a controlling interest. “(3) Executive order no. 12938 .— The term ‘Executive Order No. 12938’ means Executive Order No. 12938 [listed in a table below] as in effect on January 1, 1999 . “(4) Adherent to relevant nonproliferation regime .— A government is an ‘adherent’ to a ‘relevant nonproliferation regime’ if that government— “(A) is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(A); “(B) is a member of the Missile Technology Control Regime with respect to a transfer of goods, services, or technology described in section 2(a)(1)(B), or is a party to a binding international agreement with the United States that was in effect on January 1, 1999 , to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime; “(C) is a member of the Australia Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(C); “(D) is a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction with respect to a transfer of goods, services, or technology described in section 2(a)(1)(D); or “(E) is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 2(a)(1)(E). “(5) Organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency.— “(A) The term ‘organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency’ means an organization or entity that— “(i) was made part of the Russian Space Agency upon its establishment on February 25, 1992 ; “(ii) was transferred to the Russian Space Agency by decree of the Russian Government on July 25, 1994 , or May 12, 1998 ; “(iii) was or is transferred to the Russian Aviation and Space Agency or Russian Space Agency by decree of the Russian Government at any other time before, on, or after the date of the enactment of this Act [ Mar. 14, 2000 ]; or “(iv) is a joint stock company in which the Russian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest. “(B) Any organization or entity described in subparagraph (A) shall be deemed to be under the jurisdiction or control of the Russian Aviation and Space Agency regardless of whether— “(i) such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is removed from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or “(ii) the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest.”
[Pub. L. 109–112, § 3(a)(2), Nov. 22, 2005, 119 Stat. 2368, which directed amendment of “section 7(1)(B)” of Pub. L. 106–178, set out above, by inserting at end “except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.”, was executed by inserting text as concluding provisions of par. (1), to reflect the probable intent of Congress. Subsequent amendments by Pub. L. 110–329 and Pub. L. 112–173, which also directed amendment of section “7(1)(B)”, were executed by making the amendments to such concluding provisions.]
[Pub. L. 109–112, § 4(e)(2), Nov. 22, 2005, 119 Stat. 2370, provided that:
“Any reference in a law, regulation, document, or other record of the United States to the Iran Nonproliferation Act of 2000 [now Iran, North Korea, and Syria Nonproliferation Act, Pub. L. 106–198 , set out above] shall be deemed to be a reference to the Iran and Syria Nonproliferation Act.”
]
[Memorandum of President of the United States, Sept. 11, 2000, 65 F.R. 56209, delegated to the Secretary of State functions and authorities conferred on the President under Pub. L. 106–178, set out above, with the exception of section 6(f) and (g), from which were delegated to the Secretary of State only section 6(f)(2)(A) and (g)(1)(B), with the remaining functions and authorities under section 6(f) and (g) delegated to the Administrator of the National Aeronautics and Space Administration, and provided that authorities and functions delegated by the memorandum could be redelegated.]
Pub. L. 105–261, div. A, title XII, § 1237, Oct. 17, 1998, 112 Stat. 2160, as amended by Pub. L. 106–398, § 1 [[div. A], title XII, § 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A–330; Pub. L. 108–375, div. A, title XII, § 1222, Oct. 28, 2004, 118 Stat. 2089, provided that:
“(a) Presidential Authority.— “(1) In general .— The President may exercise IEEPA authorities (other than authorities relating to importation) without regard to section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) in the case of any commercial activity in the United States by a person that is on the list published under subsection (b). “(2) Penalties .— The penalties set forth in section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) apply to violations of any license, order, or regulation issued under paragraph (1). “(3) Ieepa authorities .— For purposes of paragraph (1), the term ‘IEEPA authorities’ means the authorities set forth in section 203(a) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(a) ). “(b) Determination and Reporting of Communist Chinese Military Companies Operating in United States.— “(1) Initial determination and reporting .— Not later than March 1, 2001 , the Secretary of Defense shall make a determination of those persons operating directly or indirectly in the United States or any of its territories and possessions that are Communist Chinese military companies and shall submit a list of those persons in classified and unclassified form to the following: “(A) The Committee on Armed Services of the House of Representatives. “(B) The Committee on Armed Services of the Senate. “(C) The Secretary of State. “(D) The Secretary of the Treasury. “(E) The Attorney General. “(F) The Secretary of Commerce. “(G) The Secretary of Energy. “(H) The Director of Central Intelligence. “(2) Annual revisions to the list .— The Secretary of Defense shall make additions or deletions to the list submitted under paragraph (1) on an annual basis based on the latest information available and shall submit the updated list not later than February 1, each year to the committees and officers specified in paragraph (1). “(3) Consultation .— The Secretary of Defense shall consult with the following officers in carrying out paragraphs (1) and (2): “(A) The Attorney General. “(B) The Director of Central Intelligence. “(C) The Director of the Federal Bureau of Investigation. “(4) Communist chinese military company .— For purposes of making the determination required by paragraph (1) and of carrying out paragraph (2), the term ‘Communist Chinese military company’ means— “(A) any person identified in the Defense Intelligence Agency publication numbered VP–1920–271–90, dated September 1990, or PC–1921–57–95, dated October 1995, and any update of those publications for the purposes of this section; and “(B) any other person that— “(i) is owned or controlled by, or affiliated with, the People’s Liberation Army or a ministry of the government of the People’s Republic of China or that is owned or controlled by an entity affiliated with the defense industrial base of the People’s Republic of China; and “(ii) is engaged in providing commercial services, manufacturing, producing, or exporting. “(c) People’s Liberation Army .— For purposes of this section, the term ‘People’s Liberation Army’ means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People’s Republic of China, and any member of any such service or of such police.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1237(b)(2) of Pub. L. 105–261, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.]
Pub. L. 104–172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub. L. 107–24, §§ 2(a), 3–5, Aug. 3, 2001, 115 Stat. 199, 200; Pub. L. 109–267, § 1, Aug. 4, 2006, 120 Stat. 680; Pub. L. 109–293, title II, §§ 201–202(b), 203–205(g)(1), Sept. 30, 2006, 120 Stat. 1345–1347; Pub. L. 111–195, title I, § 102(a)–(g), July 1, 2010, 124 Stat. 1317–1324; Pub. L. 112–158, title II, §§ 201, 202(a), 203, 204(a), 205–207(a), title III, § 311(a), (b)(1), Aug. 10, 2012, 126 Stat. 1219, 1221, 1223, 1225–1227, 1247, 1248; Pub. L. 114–277, § 2, Dec. 15, 2016, 130 Stat. 1409, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Iran Sanctions Act of 1996’. “SEC. 2. FINDINGS. “The Congress makes the following findings: “(1) The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which the United States shares common strategic and foreign policy objectives. “(2) The objective of preventing the proliferation of weapons of mass destruction and acts of international terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs. “(3) The Government of Iran uses its diplomatic facilities and quasi-governmental institutions outside of Iran to promote acts of international terrorism and assist its nuclear, chemical, biological, and missile weapons programs. “SEC. 3. DECLARATION OF POLICY. “The Congress declares that it is the policy of the United States to deny Iran the ability to support acts of international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of Iran’s ability to explore for, extract, refine, or transport by pipeline petroleum resources of Iran. “SEC. 4. MULTILATERAL REGIME. “(a) Multilateral Negotiations .— In order to further the objectives of section 3, the Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions regime against Iran, including provisions limiting the development of petroleum resources, that will inhibit Iran’s efforts to carry out activities described in section 2. “(b) Reports to Congress .— The President shall report to the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act [ Aug. 5, 1996 ], and periodically thereafter, on the extent that diplomatic efforts described in subsection (a) have been successful. Each report shall include— “(1) the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran, and a description of those measures; and “(2) the countries that have not agreed to measures described in paragraph (1), and, with respect to those countries, other measures the President recommends that the United States take to further the objectives of section 3 with respect to Iran. “(c) Waiver.— “(1) In general .— “(A) General waiver .— The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States. “(B) Waiver with respect to persons in countries that cooperate in multilateral efforts with respect to iran .— The President may, on a case by case basis, waive for a period of not more than 12 months the application of section 5(a) with respect to a person if the President, at least 30 days before the waiver is to take effect— “(i) certifies to the appropriate congressional committees that— “(I) the government with primary jurisdiction over the person is closely cooperating with the United States in multilateral efforts to prevent Iran from— “(aa) acquiring or developing chemical, biological, or nuclear weapons or related technologies; or “(bb) acquiring or developing destabilizing numbers and types of advanced conventional weapons; and “(II) such a waiver is vital to the national security interests of the United States; and “(ii) submits to the appropriate congressional committees a report identifying— “(I) the person with respect to which the President waives the application of sanctions; and “(II) the actions taken by the government described in clause (i)(I) to cooperate in multilateral efforts described in that clause. “(2) Subsequent renewal of waiver .— At the conclusion of the period of a waiver under subparagraph (A) or (B) of paragraph (1), the President may renew the waiver— “(A) if the President determines, in accordance with subparagraph (A) or (B) of that paragraph (as the case may be), that the waiver is appropriate; and “(B) (i) in the case of a waiver under subparagraph (A) of paragraph (1), for subsequent periods of not more than six months each; and “(ii) in the case of a waiver under subparagraph (B) of paragraph (1), for subsequent periods of not more than 12 months each. “(d) Interim Report on Multilateral Sanctions; Monitoring .— The President, not later than 90 days after the date of the enactment of this Act, shall report to the appropriate congressional committees on— “(1) whether the member states of the European Union, the Republic of Korea, Australia, Israel, or Japan have legislative or administrative standards providing for the imposition of trade sanctions on persons or their affiliates doing business or having investments in Iran or Libya; “(2) the extent and duration of each instance of the application of such sanctions; and “(3) the disposition of any decision with respect to such sanctions by the World Trade Organization or its predecessor organization. “(e) Investigations.— “(1) In general .— The President shall initiate an investigation into the possible imposition of sanctions under section 5(a) against a person upon receipt by the United States of credible information indicating that such person is engaged in an activity described in such section. “(2) Determination and notification .— Not later than 180 days after an investigation is initiated in accordance with paragraph (1), the President shall (unless paragraph (3) applies) determine, pursuant to section 5(a), if a person has engaged in an activity described in such section and shall notify the appropriate congressional committees of the basis for any such determination. “(3) Special rule .— The President need not initiate an investigation, and may terminate an investigation, under this subsection if the President certifies in writing to the appropriate congressional committees that— “(A) the person whose activity was the basis for the investigation is no longer engaging in the activity or has taken significant verifiable steps toward stopping the activity; and “(B) the President has received reliable assurances that the person will not knowingly engage in an activity described in section 5(a) in the future. “(f) Briefings on Implementation .— Not later than 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], and every 120 days thereafter, the President, acting through the Secretary of State, shall provide to the appropriate congressional committees a comprehensive briefing on efforts to implement this Act. “SEC. 5. IMPOSITION OF SANCTIONS. “(a) Sanctions Relating to the Energy Sector of Iran.— “(1) Development of petroleum resources of iran.— “(A) In general .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ]— “(i) makes an investment described in subparagraph (B) of $20,000,000 or more; or “(ii) makes a combination of investments described in subparagraph (B) in a 12-month period if each such investment is of at least $5,000,000 and such investments equal or exceed $20,000,000 in the aggregate. “(B) Investment described .— An investment described in this subparagraph is an investment that directly and significantly contributes to the enhancement of Iran’s ability to develop petroleum resources. “(2) Production of refined petroleum products.— “(A) In general .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], sells, leases, or provides to Iran goods, services, technology, information, or support described in subparagraph (B)— “(i) any of which has a fair market value of $1,000,000 or more; or “(ii) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more. “(B) Goods, services, technology, information, or support described .— Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of Iran’s domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries or directly associated infrastructure, including construction of port facilities, railways, and roads, the primary use of which is to support the delivery of refined petroleum products. “(3) Exportation of refined petroleum products to iran.— “(A) In general .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ]— “(i) sells or provides to Iran refined petroleum products— “(I) that have a fair market value of $1,000,000 or more; or “(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more; or “(ii) sells, leases, or provides to Iran goods, services, technology, information, or support described in subparagraph (B)— “(I) any of which has a fair market value of $1,000,000 or more; or “(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more. “(B) Goods, services, technology, information, or support described .— Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of Iran’s ability to import refined petroleum products, including— “(i) except as provided in subparagraph (C), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support; “(ii) financing or brokering such sale, lease, or provision; “(iii) providing ships or shipping services to deliver refined petroleum products to Iran; “(iv) bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or “(v) purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Iran, including governmental bonds, issued on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012. “(C) Exception for underwriters and insurance providers exercising due diligence .— The President may not impose sanctions under this paragraph with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subparagraph (B). “(4) Joint ventures with iran relating to developing petroleum resources.— “(A) In general .— Except as provided in subparagraph (B) or subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participates, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], in a joint venture with respect to the development of petroleum resources outside of Iran if— “(i) the joint venture is established on or after January 1, 2002 ; and “(ii) (I) the Government of Iran is a substantial partner or investor in the joint venture; or “(II) Iran could, through a direct operational role in the joint venture or by other means, receive technological knowledge or equipment not previously available to Iran that could directly and significantly contribute to the enhancement of Iran’s ability to develop petroleum resources in Iran. “(B) Applicability .— Subparagraph (A) shall not apply with respect to participation in a joint venture established on or after January 1, 2002 , and before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012, if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment. “(5) Support for the development of petroleum resources and refined petroleum products in iran.— “(A) In general .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], sells, leases, or provides to Iran goods, services, technology, or support described in subparagraph (B)— “(i) any of which has a fair market value of $1,000,000 or more; or “(ii) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more. “(B) Goods, services, technology, or support described .— Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or enhancement of Iran’s— “(i) ability to develop petroleum resources located in Iran; or “(ii) domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries or directly associated infrastructure, including construction of port facilities, railways, and roads, the primary use of which is to support the delivery of refined petroleum products. “(6) Development and purchase of petrochemical products from iran.— “(A) In general .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], sells, leases, or provides to Iran goods, services, technology, or support described in subparagraph (B)— “(i) any of which has a fair market value of $250,000 or more; or “(ii) that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more. “(B) Goods, services, technology, or support described .— Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or expansion of Iran’s domestic production of petrochemical products. “(7) Transportation of crude oil from iran.— “(A) In general .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that— “(i) the person is a controlling beneficial owner of, or otherwise owns, operates, or controls, or insures, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], was used to transport crude oil from Iran to another country; and “(ii) (I) in the case of a person that is a controlling beneficial owner of the vessel, the person had actual knowledge the vessel was so used; or “(II) in the case of a person that otherwise owns, operates, or controls, or insures, the vessel, the person knew or should have known the vessel was so used. “(B) Applicability of sanctions.— “(i) In general .— Except as provided in clause (ii), subparagraph (A) shall apply with respect to the transportation of crude oil from Iran only if a determination of the President under section 1245(d)(4)(B) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(B) ) that there is a sufficient supply of petroleum and petroleum products produced in countries other than Iran to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect at the time of the transportation of the crude oil. “(ii) Exception for certain countries .— Subparagraph (A) shall not apply with respect to the transportation of crude oil from Iran to a country to which the exception under paragraph (4)(D) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) ) to the imposition of sanctions under paragraph (1) of that section applies at the time of the transportation of the crude oil. “(8) Concealing iranian origin of crude oil and refined petroleum products.— “(A) In general .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person is a controlling beneficial owner, or otherwise owns, operates, or controls, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], is used, with actual knowledge in the case of a person that is a controlling beneficial owner or knowingly in the case of a person that otherwise owns, operates, or controls the vessel, in a manner that conceals the Iranian origin of crude oil or refined petroleum products transported on the vessel, including by— “(i) permitting the operator of the vessel to suspend the operation of the vessel’s satellite tracking device; or “(ii) obscuring or concealing the ownership, operation, or control of the vessel by— “(I) the Government of Iran; “(II) the National Iranian Tanker Company or the Islamic Republic of Iran Shipping Lines; or “(III) any other entity determined by the President to be owned or controlled by the Government of Iran or an entity specified in subclause (II). “(B) Additional sanction .— Subject to such regulations as the President may prescribe and in addition to the sanctions imposed under subparagraph (A), the President may prohibit a vessel owned, operated, or controlled by a person, including a controlling beneficial owner, with respect to which the President has imposed sanctions under that subparagraph and that was used for the activity for which the President imposed those sanctions from landing at a port in the United States for a period of not more than 2 years after the date on which the President imposed those sanctions. “(C) Vessels identified by the office of foreign assets control .— For purposes of subparagraph (A)(ii), a person shall be deemed to have actual knowledge that a vessel is owned, operated, or controlled by the Government of Iran or an entity specified in subclause (II) or (III) of subparagraph (A)(ii) if the International Maritime Organization vessel registration identification for the vessel is— “(i) included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for activities with respect to Iran; and “(ii) identified by the Office of Foreign Assets Control as a vessel in which the Government of Iran or any entity specified in subclause (II) or (III) of subparagraph (A)(ii) has an interest. “(D) Definition of iranian origin .— For purposes of subparagraph (A), the term ‘Iranian origin’ means— “(i) with respect to crude oil, that the crude oil was extracted in Iran; and “(ii) with respect to a refined petroleum product, that the refined petroleum product was produced or refined in Iran. “(9) Exception for provision of underwriting services and insurance and reinsurance .— The President may not impose sanctions under paragraph (7) or (8) with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not provide underwriting services or insurance or reinsurance for the transportation of crude oil or refined petroleum products from Iran in a manner for which sanctions may be imposed under either such paragraph. “(b) Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities .— “(1) Exports, transfers, and transshipments .— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person— “(A) on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], exported or transferred, or permitted or otherwise facilitated the transshipment of, any goods, services, technology, or other items to any other person; and “(B) knew or should have known that— “(i) the export, transfer, or transshipment of the goods, services, technology, or other items would likely result in another person exporting, transferring, transshipping, or otherwise providing the goods, services, technology, or other items to Iran; and “(ii) the export, transfer, transshipment, or other provision of the goods, services, technology, or other items to Iran would contribute materially to the ability of Iran to— “(I) acquire or develop chemical, biological, or nuclear weapons or related technologies; or “(II) acquire or develop destabilizing numbers and types of advanced conventional weapons. “(2) Joint ventures relating to the mining, production, or transportation of uranium.— “(A) In general .— Except as provided in subparagraph (B) or subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participated, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], in a joint venture that involves any activity relating to the mining, production, or transportation of uranium— “(i) (I) established on or after February 2, 2012 ; and “(II) with— “(aa) the Government of Iran; “(bb) an entity incorporated in Iran or subject to the jurisdiction of the Government of Iran; or “(cc) a person acting on behalf of or at the direction of, or owned or controlled by, the Government of Iran or an entity described in item (bb); or “(ii) (I) established before February 2, 2012 ; “(II) with the Government of Iran, an entity described in item (bb) of clause (i)(II), or a person described in item (cc) of that clause; and “(III) through which— “(aa) uranium is transferred directly to Iran or indirectly to Iran through a third country; “(bb) the Government of Iran receives significant revenue; or “(cc) Iran could, through a direct operational role or by other means, receive technological knowledge or equipment not previously available to Iran that could contribute materially to the ability of Iran to develop nuclear weapons or related technologies. “(B) Applicability of sanctions .— Subparagraph (A) shall not apply with respect to participation in a joint venture established before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment. “(3) Additional mandatory sanctions relating to transfer of nuclear technology.— “(A) In general .— Except as provided in subparagraphs (B) and (C), in any case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in that paragraph that relates to the acquisition or development of nuclear weapons or related technology or of missiles or advanced conventional weapons that are designed or modified to deliver a nuclear weapon, no license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to the country the government of which has primary jurisdiction over the person, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation between the United States and that government. “(B) Exception .— The sanctions described in subparagraph (A) shall not apply with respect to a country the government of which has primary jurisdiction over a person that engages in an activity described in that subparagraph if the President determines and notifies the appropriate congressional committees that the government of the country— “(i) does not know or have reason to know about the activity; or “(ii) has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the activity and to penalize the person for the activity. “(C) Individual approval .— Notwithstanding subparagraph (A), the President may, on a case-by-case basis, approve the issuance of a license for the export, or approve the transfer or retransfer, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation, to a person in a country to which subparagraph (A) applies (other than a person that is subject to the sanctions under paragraph (1) or (2)) if the President— “(i) determines that such approval is vital to the national security interests of the United States; and “(ii) not later than 15 days before issuing such license or approving such transfer or retransfer, submits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate the justification for approving such license, transfer, or retransfer. “(D) Construction .— The restrictions in subparagraph (A) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 [ 42 U.S.C. 2011 et seq.] and other related laws. “(E) Definition .— In this paragraph, the term ‘agreement for cooperation’ has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(b) ). “(F) Applicability .— The sanctions under subparagraph (A) shall apply only in a case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in paragraph (1) or (2), as the case may be[,] in which the person engages on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ]. “(c) Persons Against Which the Sanctions Are To Be Imposed .— The sanctions described in subsection (a) and paragraphs (1) and (2) of subsection (b) shall be imposed on— “(1) any person the President determines has carried out the activities described in subsection (a) or paragraph (1) or (2) of subsection (b); and “(2) any person that— “(A) is a successor entity to the person referred to in paragraph (1); “(B) owns or controls the person referred to in paragraph (1), if the person that owns or controls the person referred to in paragraph (1) had actual knowledge or should have known that the person referred to in paragraph (1) engaged in the activities referred to in that paragraph; or “(C) is owned or controlled by, or under common ownership or control with, the person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engaged in the activities referred to in that paragraph. For purposes of this Act, any person or entity described in this subsection shall be referred to as a ‘sanctioned person’. “(d) Publication in Federal Register .— The President shall cause to be published in the Federal Register a current list of persons and entities on whom sanctions have been imposed under this Act. The removal of persons or entities from, and the addition of persons and entities to, the list, shall also be so published. “(e) Publication of Projects .— The President shall cause to be published in the Federal Register a list of all significant projects which have been publicly tendered in the oil and gas sector in Iran. “(f) Exceptions .— The President shall not be required to apply or maintain the sanctions under subsection (a) or paragraph (1) or (2) of subsection (b)— “(1) in the case of procurement of defense articles or defense services— “(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; “(B) if the President determines in writing that the person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or “(C) if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements; “(2) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b) of that Act ( 19 U.S.C. 2511(b) ); “(3) to products, technology, or services provided under contracts entered into before the date on which the President publishes in the Federal Register the name of the person on whom the sanctions are to be imposed; “(4) to— “(A) spare parts which are essential to United States products or production; “(B) component parts, but not finished products, essential to United States products or production; or “(C) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; “(5) to information and technology essential to United States products or production; or “(6) to medicines, medical supplies, or other humanitarian items. “SEC. 6. DESCRIPTION OF SANCTIONS. “(a) In General .— The sanctions to be imposed on a sanctioned person under section 5 are as follows: “(1) Export-import bank assistance for exports to sanctioned persons .— The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. “(2) Export sanction .— The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under— “(i) the Export Administration Act of 1979 [ 50 U.S.C. 4601 et seq.]; “(ii) the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]; “(iii) the Atomic Energy Act of 1954 [ 42 U.S.C. 2011 et seq.]; or “(iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. “(3) Loans from united states financial institutions .— The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. “(4) Prohibitions on financial institutions .— The following prohibitions may be imposed against a sanctioned person that is a financial institution: “(A) Prohibition on designation as primary dealer .— Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. “(B) Prohibition on service as a repository of government funds .— Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under subparagraph (A) or (B) shall be treated as 1 sanction for purposes of section 5, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of section 5. “(5) Procurement sanction .— The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. “(6) Foreign exchange .— The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest. “(7) Banking transactions .— The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person. “(8) Property transactions .— The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— “(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest; “(B) dealing in or exercising any right, power, or privilege with respect to such property; or “(C) conducting any transaction involving such property. “(9) Ban on investment in equity or debt of sanctioned person .— The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person. “(10) Exclusion of corporate officers .— The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person. “(11) Sanctions on principal executive officers .— The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection. “(12) Additional sanctions .— The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 and following). “(b) Additional Measure Relating to Government Contracts.— “(1) Modification of federal acquisition regulation.— “(A) Certifications relating to activities described in section 5 .— Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [ July 1, 2010 ], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity for which sanctions may be imposed under section 5. “(B) Certifications relating to transactions with iran’s revolutionary guard corps .— Not later than 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not knowingly engage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). “(2) Remedies.— “(A) In general .— If the head of an executive agency determines that a person has submitted a false certification under paragraph (1) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. “(B) Inclusion on list of parties excluded from federal procurement and nonprocurement programs .— The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A). “(3) Clarification regarding certain products .— The remedies set forth in paragraph (2) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 [1979] ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b) of that Act ( 19 U.S.C. 2511(b) ). “(4) Rule of construction .— This subsection shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1). “(5) Waivers .— The President may on a case-by-case basis waive the requirement that a person make a certification under paragraph (1) if the President determines and certifies in writing to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is essential to the national security interests of the United States to do so. “(6) Definitions .— In this subsection: “(A) Executive agency .— The term ‘executive agency’ has the meaning given that term in section 133 of title 41 , United States Code. “(B) Federal acquisition regulation .— The term ‘Federal Acquisition Regulation’ means the regulation issued pursuant to section 1303(a)(1) of title 41 , United States Code. “(7) Applicability.— “(A) Certifications relating to activities described in section 5 .— The revisions to the Federal Acquisition Regulation required under paragraph (1)(A) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [ July 1, 2010 ]. “(B) Certifications relating to transactions with iran’s revolutionary guard corps .— The revisions to the Federal Acquisition Regulation required under paragraph (1)(B) shall apply with respect to contracts for which solicitations are issued on or after the date that is 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ]. “SEC. 7. ADVISORY OPINIONS. “The Secretary of State may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this Act. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, will not be made subject to such sanctions on account of such activity. “SEC. 8. TERMINATION OF SANCTIONS. “The requirement under section 5(a) to impose sanctions shall no longer have force or effect with respect to Iran if the President determines and certifies to the appropriate congressional committees that Iran— “(1) has ceased its efforts to design, develop, manufacture, or acquire— “(A) a nuclear explosive device or related materials and technology; “(B) chemical and biological weapons; and “(C) ballistic missiles and ballistic missile launch technology; “(2) has been removed from the list of countries the governments of which have been determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j) ], to have repeatedly provided support for acts of international terrorism; and “(3) poses no significant threat to United States national security, interests, or allies. “SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER. “(a) Delay of Sanctions.— “(1) Consultations .— If the President makes a determination described in subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions under this Act. “(2) Actions by government of jurisdiction .— In order to pursue consultations under paragraph (1) with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 concerning such person. “(3) Additional delay in imposition of sanctions .— The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the person concerned is in the process of taking the actions described in paragraph (2). “(4) Report to congress .— Not later than 90 days after making a determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, the President shall submit to the appropriate congressional committees a report on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3). “(b) Duration of Sanctions .— A sanction imposed under section 5 shall remain in effect— “(1) for a period of not less than 2 years from the date on which it is imposed; or “(2) until such time as the President determines and certifies to the Congress that the person whose activities were the basis for imposing the sanction is no longer engaging in such activities and that the President has received reliable assurances that such person will not knowingly engage in such activities in the future, except that such sanction shall remain in effect for a period of at least 1 year. “(c) Presidential Waiver.— “(1) Authority.— “(A) Sanctions relating to the energy sector of iran .— The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in section 5(a) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is essential to the national security interests of the United States to exercise such waiver authority. “(B) Sanctions relating to development of weapons of mass destruction or other military capabilities .— The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in paragraph (1) or (2) of section 5(b) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is vital to the national security interests of the United States to exercise such waiver authority. “(C) Renewal of waivers .— The President may renew, on a case-by-case basis, a waiver with respect to a person under subparagraph (A) or (B) for additional one-year periods if, not later than 30 days before the waiver expires, the President makes the determination and submits to the appropriate congressional committees the report described in subparagraph (A) or (B), as applicable. “(2) Contents of report .— Any report under paragraph (1) shall provide a specific and detailed rationale for the determination under paragraph (1), including— “(A) a description of the conduct that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, as the case may be; “(B) in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction over the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, as the case may be; “(C) an estimate of the significance of the conduct of the person in contributing to the ability of Iran to, as the case may be— “(i) develop petroleum resources, produce refined petroleum products, or import refined petroleum products; or “(ii) acquire or develop— “(I) chemical, biological, or nuclear weapons or related technologies; or “(II) destabilizing numbers and types of advanced conventional weapons; and “(D) a statement as to the response of the United States in the event that the person concerned engages in other activities that would be subject to subsection (a) or paragraph (1) or (2) of subsection (b) of section 5. “(3) Effect of report on waiver .— If the President makes a report under paragraph (1) with respect to a waiver of sanctions on a person described in section 5(c), sanctions need not be imposed under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 on that person during the 30-day period referred to in paragraph (1). “SEC. 10. REPORTS REQUIRED. “(a) Report on Certain International Initiatives .— Not later than 6 months after the date of the enactment of this Act [ Aug. 5, 1996 ], and every 6 months thereafter, the President shall transmit a report to the appropriate congressional committees describing— “(1) the efforts of the President to mount a multilateral campaign to persuade all countries to pressure Iran to cease its nuclear, chemical, biological, and missile weapons programs and its support of acts of international terrorism; “(2) the efforts of the President to persuade other governments to ask Iran to reduce the presence of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran and to withdraw any such diplomats or representatives who participated in the takeover of the United States embassy in Tehran on November 4, 1979 , or the subsequent holding of United States hostages for 444 days; “(3) the extent to which the International Atomic Energy Agency has established regular inspections of all nuclear facilities in Iran, including those presently under construction; and “(4) Iran’s use of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran to promote acts of international terrorism or to develop or sustain Iran’s nuclear, chemical, biological, and missile weapons programs. “(b) Report on Effectiveness of Actions Under This Act .— Not earlier than 24 months, and not later than 30 months, after the date of the enactment of the ILSA Extension Act of 2001 [ Aug. 3, 2001 ], the President shall transmit to Congress a report that describes— “(1) the extent to which actions relating to trade taken pursuant to this Act— “(A) have been effective in achieving the objectives of section 3 and any other foreign policy or national security objectives of the United States with respect to Iran; and “(B) have affected humanitarian interests in Iran, the country in which the sanctioned person is located, or in other countries; and “(2) the impact of actions relating to trade taken pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States, and on the United States economy. The President may include in the report the President’s recommendation on whether or not this Act should be terminated or modified. “(c) Other Reports .— The President shall ensure the continued transmittal to the Congress of reports describing— “(1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 [ 22 U.S.C. 3281(a) ] and section 1607 of the National Defense Authorization Act for Fiscal Year 1993 [ Pub. L. 102–484 , set out below]; and “(2) the support provided by Iran for acts of international terrorism, as part of the Department of State’s annual report on international terrorism. “(d) Reports on Global Trade Relating to Iran .— Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [ July 1, 2010 ], and annually thereafter, the President shall submit to the appropriate congressional committees a report, with respect to the most recent 12-month period for which data are available, on the dollar value amount of trade, including in the energy sector, between Iran and each country maintaining membership in the Group of 20 Finance Ministers and Central Bank Governors. “SEC. 11. DETERMINATIONS NOT REVIEWABLE. “A determination to impose sanctions under this Act shall not be reviewable in any court. “SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES. “Nothing in this Act shall apply to any activities subject to the reporting requirements of title V of the National Security Act of 1947 [ 50 U.S.C. 3091 et seq.]. “SEC. 13. EFFECTIVE DATE; SUNSET. “(a) Effective Date .— This Act shall take effect on the date of the enactment of this Act [ Aug. 5, 1996 ]. “(b) Sunset .— This Act shall cease to be effective on December 31, 2026 . “SEC. 14. DEFINITIONS. “As used in this Act: “(1) Act of international terrorism .— The term ‘act of international terrorism’ means an act— “(A) which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and “(B) which appears to be intended— “(i) to intimidate or coerce a civilian population; “(ii) to influence the policy of a government by intimidation or coercion; or “(iii) to affect the conduct of a government by assassination or kidnapping. “(2) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate and the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives. “(3) Component part .— The term ‘component part’ has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)) [now 50 U.S.C. 4611(e)(1) ]. “(4) Credible information .— The term ‘credible information’, with respect to a person— “(A) includes— “(i) a public announcement by the person that the person has engaged in an activity described in subsection (a) or (b) of section 5; and “(ii) information set forth in a report to stockholders of the person indicating that the person has engaged in such an activity; and “(B) may include, in the discretion of the President— “(i) an announcement by the Government of Iran that the person has engaged in such an activity; or “(ii) information indicating that the person has engaged in such an activity that is set forth in— “(I) a report of the Government Accountability Office, the Energy Information Administration, or the Congressional Research Service; or “(II) a report or publication of a similarly reputable governmental organization or trade or industry organization. “(5) Develop and development .— To ‘develop’, or the ‘development’ of, petroleum resources means the exploration for, or the extraction, refining, or transportation by pipeline of, petroleum resources. “(6) Financial institution .— The term ‘financial institution’ includes— “(A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act [ 12 U.S.C. 1813(c)(1) ]), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 [ 12 U.S.C. 3101(b)(7) ]); “(B) a credit union; “(C) a securities firm, including a broker or dealer; “(D) an insurance company, including an agency or underwriter; and “(E) any other company that provides financial services. “(7) Finished product .— The term ‘finished product’ has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)) [now 50 U.S.C. 4611(e)(2) ]. “(8) Foreign person .— The term ‘foreign person’ means— “(A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or “(B) a corporation, partnership, or other nongovernmental entity which is not a United States person. “(9) Goods and technology .— The terms ‘goods’ and ‘technology’ have the meanings given those terms in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618 ]. “(10) Investment .— The term ‘investment’ means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iran or a nongovernmental entity in Iran on or after the date of the enactment of this Act [ Aug. 5, 1996 ]: “(A) The entry into a contract that includes responsibility for the development of petroleum resources located in Iran, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract. “(B) The purchase of a share of ownership, including an equity interest, in that development. “(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation. For purposes of this paragraph, an amendment or other modification that is made, on or after June 13, 2001 , to an agreement or contract shall be treated as the entry of an agreement or contract. “(11) Iran .— The term ‘Iran’ includes any agency or instrumentality of Iran. “(12) Iranian diplomats and representatives of other government and military or quasi-governmental institutions of iran .— The term ‘Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran’ includes employees, representatives, or affiliates of Iran’s— “(A) Foreign Ministry; “(B) Ministry of Intelligence and Security; “(C) Revolutionary Guard Corps; “(D) Crusade for Reconstruction; “(E) Qods (Jerusalem) Forces; “(F) Interior Ministry; “(G) Foundation for the Oppressed and Disabled; “(H) Prophet’s Foundation; “(I) June 5th Foundation; “(J) Martyr’s Foundation; “(K) Islamic Propagation Organization; and “(L) Ministry of Islamic Guidance. “(13) Knowingly .— The term ‘knowingly’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. “(14) Nuclear explosive device .— The term ‘nuclear explosive device’ means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material (as defined in section 11(aa) of the Atomic Energy Act of 1954 [ 42 U.S.C. 2014(aa) ]) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). “(15) Person .— “(A) In general .— The term ‘person’ means— “(i) a natural person; “(ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and “(iii) any successor to any entity described in clause (ii). “(B) Application to governmental entities .— The term ‘person’ does not include a government or governmental entity that is not operating as a business enterprise. “(16) Petrochemical product .— The term ‘petrochemical product’ includes any aromatic, olefin, or synthesis gas, and any derivative of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea. “(17) Petroleum resources .— The term ‘petroleum resources’ includes petroleum, refined petroleum products, oil or liquefied natural gas, natural gas resources, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas. “(18) Refined petroleum products .— The term ‘refined petroleum products’ means diesel, gasoline, jet fuel (including naphtha-type and kerosene-type jet fuel), and aviation gasoline. “(19) Services .— The term ‘services’ includes software, hardware, financial, professional consulting, engineering, and specialized energy information services, energy-related technical assistance, and maintenance and repairs. “(20) United states or state .— The term ‘United States’ or ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. “(21) United states person .— The term ‘United States person’ means— “(A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and “(B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.”
[Pub. L. 112–158, title II, § 202(b), Aug. 10, 2012, 126 Stat. 1223, provided that:
“Not later than 90 days after the date of the enactment of this Act [ Aug. 10, 2012 ], the President shall prescribe such regulations or guidelines as are necessary to implement paragraphs (7), (8), and (9) of section 5(a) of the Iran Sanctions Act of 1996 [ Pub. L. 104–172 , set out above], as added by this section, including such regulations or guidelines as are necessary to implement subparagraph (B) of such paragraph (8).”
]
[Pub. L. 112–158, title II, § 204(b), Aug. 10, 2012, 126 Stat. 1226, provided that:
“The amendments made by subsection (a) [amending section 6(a) of Pub. L. 104–172 , set out above] shall take effect on the date of the enactment of this Act [ Aug. 10, 2012 ] and apply with respect to activities described in subsections (a) and (b) of section 5 of the Iran Sanctions Act of 1996 [ Pub. L. 104–172 , set out above], as amended by this title, commenced on or after such date of enactment.”
]
[Pub. L. 112–158, title II, § 207(b), Aug. 10, 2012, 126 Stat. 1227, provided that:
“The amendments made by subsection (a) [amending section 14 of Pub. L. 104–172 , set out above] shall take effect on the date of the enactment of this Act [ Aug. 10, 2012 ] and apply with respect to activities described in subsections (a) and (b) of section 5 of the Iran Sanctions Act of 1996 [ Pub. L. 104–172 , set out above], as amended by this title, commenced on or after such date of enactment.”
]
[Pub. L. 111–195, title I, § 102(h), July 1, 2010, 124 Stat. 1325, provided that:
[“(1) In general.—The amendments made by this section [amending Pub. L. 104–172, set out above] shall—
[“(A) take effect on the date of the enactment of this Act [July 1, 2010]; and
[“(B) except as provided in this subsection or section 6(b)(7) of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as amended by subsection (b) of this section, apply with respect to an investment or activity described in subsection (a) or (b) of section 5 of the Iran Sanctions Act of 1996, as amended by this section, that is commenced on or after such date of enactment.
[“(2) Applicability to ongoing investments prohibited under prior law.—A person that makes an investment described in section 5(a) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act, that is commenced before such date of enactment and continues on or after such date of enactment, shall, except as provided in paragraph (4), be subject to the provisions of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment.
[“(3) Applicability to ongoing activities relating to chemical, biological, or nuclear weapons or related technologies.—A person that, before the date of the enactment of this Act, commenced an activity described in section 5(b) of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment, and continues the activity on or after such date of enactment, shall be subject to the provisions of the Iran Sanctions Act of 1996, as amended by this Act.
[“(4) Applicability of mandatory investigations to investments.—The amendments made by subsection (g)(5) of this section [amending section 4 of Pub. L. 104–172, set out above] shall apply on and after the date of the enactment of this Act—
[“(A) with respect to an investment described in section 5(a)(1) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after such date of enactment; and
[“(B) with respect to an investment described in section 5(a) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act, that is commenced before such date of enactment and continues on or after such date of enactment.
[“(5) Applicability of mandatory investigations to activities relating to petroleum.—
[“(A) In general.—Except as provided in subparagraph (B), the amendments made by subsection (g)(5) of this section shall apply on and after the date that is 1 year after the date of the enactment of this Act with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after the date that is 1 year after the date of the enactment of this Act or the date on which the President fails to submit a certification that is required under subparagraph (B) (whichever is applicable).
[“(B) Special rule for delay of effective date.—
[“(i) Reporting requirement.—Not later than 30 days before the date that is 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report describing—
[“(I) the diplomatic and other efforts of the President—
[“(aa) to dissuade foreign persons from engaging in activities described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section; and
[“(bb) to encourage other governments to dissuade persons over which those governments have jurisdiction from engaging in such activities;
[“(II) the successes and failures of the efforts described in subclause (I); and
[“(III) each investigation under section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this section and as in effect pursuant to subparagraph (C) of this paragraph, or any other review of an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is initiated or ongoing during the period beginning on the date of the enactment of this Act and ending on the date on which the President is required to submit the report.
[“(ii) Certification.—If the President submits to the appropriate congressional committees, with the report required by clause (i), a certification that there was a substantial reduction in activities described in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, during the period described in clause (i)(III), the effective date provided for in subparagraph (A) shall be delayed for a 180-day period beginning after the date provided for in that subparagraph.
[“(iii) Subsequent reports and delays.—The effective date provided for in subparagraph (A) shall be delayed for additional 180-day periods occurring after the end of the 180-day period provided for under clause (ii), if, not later than 30 days before the 180-day period preceding such additional 180-day period expires, the President submits to the appropriate congressional committees—
[“(I) a report containing the matters required in the report under clause (i) for the period beginning on the date on which the preceding report was required to be submitted under clause (i) or this clause (as the case may be) and ending on the date on which the President is required to submit the most recent report under this clause; and
[“(II) a certification that, during the period described in subclause (I), there was (as compared to the period for which the preceding report was submitted under this subparagraph) a progressive reduction in activities described in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section.
[“(iv) Consequence of failure to certify.—If the President does not make a certification at a time required by this subparagraph—
[“(I) the amendments made by subsection (g)(5) of this section shall apply on and after the date on which the certification was required to be submitted by this subparagraph, with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that—
[“(aa) is referenced in the most recent report required to be submitted under this subparagraph; or
[“(bb) is commenced on or after the date on which such most recent report is required to be submitted; and
[“(II) not later than 45 days after the date on which the certification was required to be submitted by this subparagraph, the President shall make a determination under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 (as the case may be), as amended by subsection (a) of this section, with respect to relevant activities described in subclause (I)(aa).
[“(C) Applicability of permissive investigations.—During the 1-year period beginning on the date of the enactment of this Act and during any 180-day period during which the effective date provided for in subparagraph (A) is delayed pursuant to subparagraph (B), section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this section, shall be applied, with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, by substituting ‘should’ for ‘shall’ each place it appears.
[“(6) Waiver authority.—The amendments made by subsection (c) [amending section 9 of Pub. L. 104–172, set out above] shall not be construed to affect any exercise of the authority under section 9(c) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act.”]
[For definition of “appropriate congressional committees” as used in section 102(h) of Pub. L. 111–195, set out above, see section 8511 of Title 22, Foreign Relations and Intercourse.]
[Functions of President under section 102(h)(5) of Pub. L. 111–195, set out above, delegated to Secretary of State by Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.]
[Pub. L. 109–293, title II, § 202(c), Sept. 30, 2006, 120 Stat. 1346, provided that:
“The amendments made by this section [amending section 5 of Pub. L. 104–172 , set out above] shall apply with respect to actions taken on or after June 6, 2006 .”
]
[Pub. L. 109–293, title II, § 205(g)(2), Sept. 30, 2006, 120 Stat. 1347, provided that:
“Any reference in any other provision of law, regulation, document, or other record of the United States to the ‘Iran and Libya Sanctions Act of 1996’ shall be deemed to be a reference to the ‘Iran Sanctions Act of 1996’ [ Pub. L. 104–172 , set out above].”
]
[Pub. L. 107–24, § 2(b), Aug. 3, 2001, 115 Stat. 199, provided that:
“The amendments made by subsection (a) [amending section 5 of Pub. L. 104–172 , set out above] shall apply to investments made on or after June 13, 2001 .”
]
[For delegation of certain functions of President under sections 4, 5, 6, 9, and 10 of Pub. L. 104–172, set out above, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.]
[Memorandum of President of the United States, Nov. 21, 1996, 61 F.R. 64249, delegated to the Secretary of State, in consultation with the Departments of the Treasury and Commerce and the United States Trade Representative, and with the Export-Import Bank and Federal Reserve Board and other interested agencies as appropriate functions vested in the President by section 4(c), former section 5(a), section 5(b), (c), (f), former section 6(1), (2) (now section 6(a)(1), (2)), and section 9(c) of Pub. L. 104–172, set out above, delegated to the Secretary of State functions vested in the President by section 4(a), (b), former section 4(d), (e) (now (d)), and sections 5(d), (e), 9(a), (b), and 10 of Pub. L. 104–172, provided that any reference to provisions of any Act related to the subject of the memorandum be deemed to include references to any subsequent provision of law that is the same or substantially the same as such provisions, and provided that only the functions vested in the President by section 4(a), (b), former section 4(d), (e) (now (d)), and sections 5(d), (e) and 10 of Pub. L. 104–172 and delegated by the memorandum could be redelegated.]
Determination of President of the United States, No. 2004–30, Apr. 23, 2004, 69 F.R. 24907, provided:
Memorandum for the Secretary of State
Pursuant to section 8(b) of the Iran and Libya Sanctions Act of 1996 [now Iran Sanctions Act of 1996] (Public Law 104–172; 50 U.S.C. 1701 note), as amended (Public Law 107–24), I hereby determine and certify that Libya has fulfilled the requirements of United Nations Security Council Resolution 731, adopted January 21, 1992, United Nations Security Council Resolution 748, adopted March 31, 1992, and United Nations Security Council Resolution 883, adopted November 11, 1993.
You are authorized and directed to transmit this determination and certification to the appropriate congressional committees and to arrange for its publication in the Federal Register.
George W. Bush.
Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 599], Nov. 29, 1999, 113 Stat. 1535, 1501A–127, provided that:
“(a) Continuation of Executive Branch Sanctions .— The sanctions listed in subsection (b) shall remain in effect for fiscal year 2000, unless the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a certification described in subsection (c). “(b) Applicable Sanctions.— “(1) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia. “(2) The Secretary of State should instruct the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to block any consensus to allow the participation of Serbia in the OSCE or any organization affiliated with the OSCE. “(3) The Secretary of State should instruct the United States Representative to the United Nations to vote against any resolution in the United Nations Security Council to admit Serbia to the United Nations or any organization affiliated with the United Nations, to veto any resolution to allow Serbia to assume the United Nations’ membership of the former Socialist Federal Republic of Yugoslavia, and to take action to prevent Serbia from assuming the seat formerly occupied by the Socialist Federal Republic of Yugoslavia. “(4) The Secretary of State should instruct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization to oppose the extension of the Partnership for Peace program or any other organization affiliated with NATO to Serbia. “(5) The Secretary of State should instruct the United States Representatives to the Southeast European Cooperative Initiative (SECI) to oppose and to work to prevent the extension of SECI membership to Serbia. “(c) Certification .— A certification described in this subsection is a certification that— “(1) the representatives of the successor states to the Socialist Federal Republic of Yugoslavia have successfully negotiated the division of assets and liabilities and all other succession issues following the dissolution of the Socialist Federal Republic of Yugoslavia; “(2) the Government of Serbia is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia and Herzegovina; “(3) the Government of Serbia is fully cooperating with and providing unrestricted access to the International Criminal Tribunal for the former Yugoslavia, including surrendering persons indicted for war crimes who are within the jurisdiction of the territory of Serbia, and with the investigations concerning the commission of war crimes and crimes against humanity in Kosova; “(4) the Government of Serbia is implementing internal democratic reforms; and “(5) Serbian federal governmental officials, and representatives of the ethnic Albanian community in Kosova have agreed on, signed, and begun implementation of a negotiated settlement on the future status of Kosova. “(d) Statement of Policy .— It is the sense of the Congress that the United States should not restore full diplomatic relations with Serbia until the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] in the House of Representatives the certification described in subsection (c). “(e) Exemption of Montenegro and Kosova .— The sanctions described in subsection (b) shall not apply to Montenegro or Kosova. “(f) Definition .— The term ‘international financial institution’ includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the European Bank for Reconstruction and Development. “(g) Waiver Authority .— The President may waive the application in whole or in part, of any sanction described in subsection (b) if the President certifies to the Congress that the President has determined that the waiver is necessary to meet emergency humanitarian needs.”
Pub. L. 105–277, div. A, § 101(d) [title V, § 539], Oct. 21, 1998, 112 Stat. 2681–150, 2681–182, provided that:
“(a) Restrictions .— None of the funds in this or any other Act may be made available to modify or remove any sanction, prohibition or requirement with respect to Serbia-Montenegro unless the President first submits to the Congress a certification described in subsection (c). “(b) International Financial Institutions .— The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia-Montenegro, unless the President first submits to the Congress a certification described in subsection (c). “(c) Certification .— A certification described in this subsection is a certification that— “(1) there is substantial improvement in the human rights situation in Kosova; “(2) international human rights observers are allowed to return to Kosova; “(3) Serbian, Serbian-Montenegrin federal government officials, and representatives of the ethnic Albanian community in Kosova have agreed on and begun implementation of a negotiated settlement on the future status of Kosova; and “(4) the government of Serbia-Montenegro is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia-Herzegovina including fully cooperating with the International Criminal Tribunal for the Former Yugoslavia. “(d) Waiver Authority .— The President may waive the application, in whole or in part, of subsections (a) and (b) if he certifies in writing to the Congress that the waiver is necessary to meet emergency humanitarian needs or to advance negotiations toward a peaceful settlement of the conflict in Kosova that is acceptable to the parties. “(e) Exemption for Montenegro .— This section shall not apply to Montenegro.”
[For delegation of functions of President under section 101(d) [title V, § 539] of div. A of Pub. L. 105–277, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of Title 22, Foreign Relations and Intercourse.]
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 540], Sept. 30, 1996, 110 Stat. 3009–121, 3009–155.
Pub. L. 104–107, title V, § 540A(a)–(c), Feb. 12, 1996, 110 Stat. 737.
Pub. L. 103–160, div. A, title XV, § 1511, Nov. 30, 1993, 107 Stat. 1839, provided that:
“(a) Codification of Executive Branch Sanctions .— The sanctions imposed on Serbia and Montenegro, as in effect on the date of the enactment of this Act [ Nov. 30, 1993 ], that were imposed by or pursuant to the following directives of the executive branch shall (except as provided under subsections (d) and (e)) remain in effect until changed by law: “(1) Executive Order 12808 of May 30, 1992 [listed in a table below], as continued in effect on May 25, 1993 . “(2) Executive Order 12810 of June 5, 1992 [listed in a table below]. “(3) Executive Order 12831 of January 15, 1993 [listed in a table below]. “(4) Executive Order 12846 of April 25, 1993 [listed in a table below]. “(5) Department of State Public Notice 1427, effective July 11, 1991 . “(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 64467). “(7) Department of Transportation Order 92–5–38 of May 20, 1992 . “(8) Federal Aviation Administration action of June 19, 1992 (14 C.F.R. Part 91). “(b) Prohibition on Assistance .— No funds appropriated or otherwise made available by law may be obligated or expended on behalf of the government of Serbia or the government of Montenegro. “(c) International Financial Institutions .— The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that institution to the government of Serbia or the government of Montenegro, except for basic human needs. “(d) Exception .— Notwithstanding any other provision of law, the President is authorized and encouraged to exempt from sanctions imposed against Serbia and Montenegro that are described in subsection (a) those United States-supported programs, projects, or activities that involve reform of the electoral process, the development of democratic institutions or democratic political parties, or humanitarian assistance (including refugee care and human rights observation). “(e) Waiver Authority .— (1) The President may waive or modify the application, in whole or in part, of any sanction described in subsection (a), the prohibition in subsection (b), or the requirement in subsection (c). “(2) Such a waiver or modification may only be effective upon certification by the President to Congress that the President has determined that the waiver or modification is necessary (A) to meet emergency humanitarian needs, or (B) to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties.”
Provisions suspending sanctions imposed on the governments of Serbia and Montenegro pursuant to section 1511 of Pub. L. 103–160, set out above, were contained in the following:
Determination of President of the United States, No. 01–7, Dec. 19, 2000, 66 F.R. 1013.
Determination of President of the United States, No. 99–14, Feb. 16, 1999, 64 F.R. 9263.
Determination of President of the United States, No. 97–26, May 30, 1997, 62 F.R. 32015.
Determination of President of the United States, No. 96–7, Dec. 27, 1995, 61 F.R. 2887.
Pub. L. 102–484, div. A, title XVI, Oct. 23, 1992, 106 Stat. 2571, as amended by Pub. L. 104–106, div. A, title XIV, § 1408(a)–(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441, provided that:
“SEC. 1601. SHORT TITLE. “This title may be cited as the ‘Iran-Iraq Arms Non-Proliferation Act of 1992’. “SEC. 1602. UNITED STATES POLICY. “(a) In General .— It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could materially contribute to either country’s acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons. “(b) Sanctions .— (1) In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruction in accordance with the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151 et seq.], the Nuclear Non-Proliferation Act of 1978 [ 22 U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 [ 22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act [ 22 U.S.C. 2797 et seq.], and other relevant statutes, regarding the non-proliferation of weapons of mass destruction and the means of their delivery. “(2) The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection. “(c) Public Identification .— The Congress calls on the President to identify publicly (in the report required by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a). “SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS. “The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101–513 ) [set out below], including denial of export licenses for United States persons and prohibitions on United States Government sales, shall be applied to the same extent and in the same manner with respect to Iran. “SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS. “(a) Prohibition .— If any person transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (b) shall be imposed. “(b) Mandatory Sanctions .— The sanctions to be imposed pursuant to subsection (a) are as follows: “(1) Procurement sanction .— For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. “(2) Export sanction .— For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person. “SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. “(a) Prohibition .— If the President determines that the government of any foreign country transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then— “(1) the sanctions described in subsection (b) shall be imposed on such country; and “(2) in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c). “(b) Mandatory Sanctions .— Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows: “(1) Suspension of united states assistance .— The United States Government shall suspend, for a period of one year, United States assistance to the sanctioned country. “(2) Multilateral development bank assistance .— The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by such institution of any loan or financial or technical assistance to the sanctioned country. “(3) Suspension of codevelopment or coproduction agreements .— The United States shall suspend, for a period of one year, compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act [ 22 U.S.C. 2778 ]), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part. “(4) Suspension of military and dual-use technical exchange agreements .— The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period. “(5) United states munitions list .— No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country for a period of one year. “(c) Discretionary Sanction .— The sanction referred to in subsection (a)(2) is as follows: “(1) Use of authorities of international emergency economic powers act .— Except as provided in paragraph (2), the President may exercise, in accordance with the provisions of that Act [ 50 U.S.C. 1701 et seq.], the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country. “(2) Exception .— Paragraph (1) does not apply with respect to urgent humanitarian assistance. “SEC. 1606. WAIVER. “The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President determines and so reports to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives that it is essential to the national interest of the United States to exercise such waiver authority. Any such report shall provide a specific and detailed rationale for such determination. “SEC. 1607. REPORTING REQUIREMENT. “[(a) Repealed. Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(C) , Sept. 30, 2002 , 116 Stat. 1441 .] “(b) Report on Individual Transfers .— Whenever the President determines that a person or foreign government has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report— “(1) identifying the person or government and providing the details of the transfer; and “(2) describing the actions the President intends to undertake or has undertaken under the provisions of this title with respect to each such transfer. “(c) Form of Transmittal .— Reports required by this section may be submitted in classified as well as in unclassified form. “SEC. 1608. DEFINITIONS. “For purposes of this title: “(1) The term ‘advanced conventional weapons’ includes— “(A) such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; “(B) such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; and “(C) such other items or systems as the President may, by regulation, determine necessary for purposes of this title. “(2) The term ‘cruise missile’ means guided missiles that use aerodynamic lift to offset gravity and propulsion to counteract drag. “(3) The term ‘goods or technology’ means— “(A) any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment; and “(B) any information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods, including computer software and technical data. “(4) The term ‘person’ means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries. “(5) The term ‘sanctioned country’ means a country against which sanctions are required to be imposed pursuant to section 1605. “(6) The term ‘sanctioned person’ means a person that makes a transfer described in section 1604(a). “(7) The term ‘United States assistance’ means— “(A) any assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine; “(B) sales and assistance under the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]; “(C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and “(D) financing under the Export-Import Bank Act [of 1945] [ 22 U.S.C. 635 et seq.].”
[Memorandum of President of the United States, Sept. 27, 1994, 59 F.R. 50685, delegated to Secretary of State, in consultation with heads of other departments and agencies, all functions vested in President under title XVI of Pub. L. 102–484, set out above, without limitation of authority of other officials to exercise powers heretofore or hereafter delegated to them to implement sanctions imposed or actions directed by the Secretary pursuant to this delegation of authority.]
Pub. L. 101–519, § 131, Nov. 5, 1990, 104 Stat. 2249, which authorized President to vest title in a portion of property in which transactions were blocked pursuant to Executive Order 12722, listed in a table below, in order to satisfy obligations owed to United States Government and United States nationals for which Iraq had suspended repayment, was repealed by Pub. L. 102–27, title IV, § 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L. 102–136, § 126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5, 1990.
Pub. L. 101–513, title V, §§ 586–586J, Nov. 5, 1990, 104 Stat. 2047–2054, provided that:
“SEC. 586. SHORT TITLE. “Sections 586 through 586J of this Act may be cited as the ‘Iraq Sanctions Act of 1990’. “SEC. 586A. DECLARATIONS REGARDING IRAQ’S INVASION OF KUWAIT. “The Congress— “(1) condemns Iraq’s invasion of Kuwait on August 2, 1990 ; “(2) supports the actions that have been taken by the President in response to that invasion; “(3) calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait; “(4) supports the efforts of the United Nations Security Council to end this violation of international law and threat to international peace; “(5) supports the imposition and enforcement of multilateral sanctions against Iraq; “(6) calls on United States allies and other countries to support fully the efforts of the United Nations Security Council, and to take other appropriate actions, to bring about an end to Iraq’s occupation of Kuwait; and “(7) condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recognized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass extrajudicial killings. “SEC. 586B. CONSULTATIONS WITH CONGRESS. “The President shall keep the Congress fully informed, and shall consult with the Congress, with respect to current and anticipated events regarding the international crisis caused by Iraq’s invasion of Kuwait, including with respect to United States actions. “SEC. 586C. TRADE EMBARGO AGAINST IRAQ. “(a) Continuation of Embargo .— Except as otherwise provided in this section, the President shall continue to impose the trade embargo and other economic sanctions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq’s invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and 12725 [listed in a table below] ( August 9, 1990 ) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 12723 [listed in a table below] ( August 2, 1990 ). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appropriated or otherwise made available by this or any other Act for fiscal year 1991 or any fiscal year thereafter shall be used to support or administer any financial or commercial operation of any United States Government department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Government of Iraq, contrary to the trade embargo and other economic sanctions imposed in accordance with this section. “(b) Humanitarian Assistance .— To the extent that transactions involving foodstuffs or payments for foodstuffs are exempted ‘in humanitarian circumstances’ from the prohibitions established by the United States pursuant to United Nations Security Council Resolution 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions. “(c) Notice to Congress of Exceptions to and Termination of Sanctions.— “(1) Notice of regulations .— Any regulations issued after the date of enactment of this Act [ Nov. 5, 1990 ] with respect to the economic sanctions imposed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 ( August 2, 1990 ) and Executive Orders Numbered 12724 and 12725 ( August 9, 1990 ) shall be submitted to the Congress before those regulations take effect. “(2) Notice of termination of sanctions .— The President shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pursuant to those Executive orders. “(d) Relation to Other Laws.— “(1) Sanctions legislation .— The sanctions that are described in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law. “(2) National emergencies and united nations legislation .— Nothing in this section supersedes any provision of the National Emergencies Act [ 50 U.S.C. 1601 et seq.] or any authority of the President under the International Emergency Economic Powers Act [ 50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations Participation Act of 1945 [ 22 U.S.C. 287c(a) ]. “SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ. “(a) Denial of Assistance .— None of the funds appropriated or otherwise made available pursuant to this Act [see Tables for classification] to carry out the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [ 22 U.S.C. 2191 et seq.], relating to the Overseas Private Investment Corporation) or the Arms Export Control Act [ 22 U.S.C. 2751 et seq.] may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that— “(1) such assistance is in the national interest of the United States; “(2) such assistance will directly benefit the needy people in that country; or “(3) the assistance to be provided will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. “(b) Import Sanctions .— If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited— “(1) the importation of products of Iraq into its customs territory, and “(2) the export of its products to Iraq. “SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO. “Notwithstanding section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) and section 5(b) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287c(b) )— “(1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enactment of this Act [ Nov. 5, 1990 ], violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 [listed in a table below] or any license, order, or regulation issued under any such Executive order; and “(2) whoever, after the date of enactment of this Act, willfully violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order— “(A) shall, upon conviction, be fined not more than $1,000,000, if a person other than a natural person; or “(B) if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both. Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or attempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) specified in subparagraph (B) of that paragraph. “SEC. 586F. DECLARATIONS REGARDING IRAQ’S LONG-STANDING VIOLATIONS OF INTERNATIONAL LAW. “(a) Iraq’s Violations of International Law .— The Congress determines that— “(1) the Government of Iraq has demonstrated repeated and blatant disregard for its obligations under international law by violating the Charter of the United Nations, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925 ), as well as other international treaties; “(2) the Government of Iraq is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights; “(3) the State Department’s Country Reports on Human Rights Practices for 1989 again characterizes Iraq’s human rights record as ‘abysmal’; “(4) Amnesty International, Middle East Watch, and other independent human rights organizations have documented extensive, systematic, and continuing human rights abuses by the Government of Iraq, including summary executions, mass political killings, disappearances, widespread use of torture, arbitrary arrests and prolonged detention without trial of thousands of political opponents, forced relocation and deportation, denial of nearly all civil and political rights such as freedom of association, assembly, speech, and the press, and the imprisonment, torture, and execution of children; “(5) since 1987, the Government of Iraq has intensified its severe repression of the Kurdish minority of Iraq, deliberately destroyed more than 3,000 villages and towns in the Kurdish regions, and forcibly expelled more than 500,000 people, thus effectively depopulating the rural areas of Iraqi Kurdistan; “(6) Iraq has blatantly violated international law by initiating use of chemical weapons in the Iran-Iraq war; “(7) Iraq has also violated international law by using chemical weapons against its own Kurdish citizens, resulting in tens of thousands of deaths and more than 65,000 refugees; “(8) Iraq continues to expand its chemical weapons capability, and President Saddam Hussein has threatened to use chemical weapons against other nations; “(9) persuasive evidence exists that Iraq is developing biological weapons in violation of international law; “(10) there are strong indications that Iraq has taken steps to produce nuclear weapons and has attempted to smuggle from the United States, in violation of United States law, components for triggering devices used in nuclear warheads whose manufacture would contravene the Treaty on the Non-Proliferation of Nuclear Weapons, to which Iraq is a party; and “(11) Iraqi President Saddam Hussein has threatened to use terrorism against other nations in violation of international law and has increased Iraq’s support for the Palestine Liberation Organization and other Palestinian groups that have conducted terrorist acts. “(b) Human Rights Violations .— The Congress determines that the Government of Iraq is engaged in a consistent pattern of gross violations of internationally recognized human rights. All provisions of law that impose sanctions against a country whose government is engaged in a consistent pattern of gross violations of internationally recognized human rights shall be fully enforced against Iraq. “(c) Support for International Terrorism .— (1) The Congress determines that Iraq is a country which has repeatedly provided support for acts of international terrorism, a country which grants sanctuary from prosecution to individuals or groups which have committed an act of international terrorism, and a country which otherwise supports international terrorism. The provisions of law specified in paragraph (2) and all other provisions of law that impose sanctions against a country which has repeatedly provided support for acts of international terrorism, which grants sanctuary from prosecution to an individual or group which has committed an act of international terrorism, or which otherwise supports international terrorism shall be fully enforced against Iraq. “(2) The provisions of law referred to in paragraph (1) are— “(A) section 40 of the Arms Export Control Act [ 22 U.S.C. 2780 ]; “(B) section 620A of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2371 ]; “(C) sections 555 and 556 of this Act [ 104 Stat. 2021 , 2022] (and the corresponding sections of predecessor foreign operations appropriations Acts); and “(D) section 555 of the International Security and Development Cooperation Act of 1985 [ 99 Stat. 227 ]. “(d) Multilateral Cooperation .— The Congress calls on the President to seek multilateral cooperation— “(1) to deny dangerous technologies to Iraq; “(2) to induce Iraq to respect internationally recognized human rights; and “(3) to induce Iraq to allow appropriate international humanitarian and human rights organizations to have access to Iraq and Kuwait, including the areas in northern Iraq traditionally inhabited by Kurds. “SEC. 586G. SANCTIONS AGAINST IRAQ. “(a) Imposition .— Except as provided in section 586H, the following sanctions shall apply with respect to Iraq: “(1) FMS sales .— The United States Government shall not enter into any sale with Iraq under the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]. “(2) Commercial arms sales .— Licenses shall not be issued for the export to Iraq of any item on the United States Munitions List. “(3) Exports of certain goods and technology .— The authorities of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605 ] shall be used to prohibit the export to Iraq of any goods or technology listed pursuant to that section or [former] section 5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) [former 50 U.S.C. 4604(c)(1) ] on the control list provided for in [former] section 4(b) of that Act (50 U.S.C. App. 2403(b)) [former 50 U.S.C. 4603(b) ]. “(4) Nuclear equipment, materials, and technology.— “(A) NRC licenses .— The Nuclear Regulatory Commission shall not issue any license or other authorization under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 and following) for the export to Iraq of any source or special nuclear material, any production or utilization facility, any sensitive nuclear technology, any component, item, or substance determined to have significance for nuclear explosive purposes pursuant to section 109b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2139(b) ), or any other material or technology requiring such a license or authorization. “(B) Distribution of nuclear materials .— The authority of the Atomic Energy Act of 1954 shall not be used to distribute any special nuclear material, source material, or byproduct material to Iraq. “(C) DOE authorizations .— The Secretary of Energy shall not provide a specific authorization under section 57b.(2) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077(b)(2) ) for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section. “(5) Assistance from international financial institutions .— The United States shall oppose any loan or financial or technical assistance to Iraq by international financial institutions in accordance with section 701 of the International Financial Institutions Act ( 22 U.S.C. 262d ). “(6) Assistance through the export-import bank .— Credits and credit guarantees through the Export-Import Bank of the United States shall be denied to Iraq. “(7) Assistance through the commodity credit corporation .— Credit, credit guarantees, and other assistance through the Commodity Credit Corporation shall be denied to Iraq. “(8) Foreign assistance .— All forms of assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 and following) other than emergency assistance for medical supplies and other forms of emergency humanitarian assistance, and under the Arms Export Control Act ( 22 U.S.C. 2751 and following) shall be denied to Iraq. “(b) Contract Sanctity .— For purposes of the export controls imposed pursuant to subsection (a)(3), the date described in subsection (m)(1) of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605 ] shall be deemed to be August 1, 1990 . “SEC. 586H. WAIVER AUTHORITY. “(a) In General .— The President may waive the requirements of any paragraph of section 586G(a) if the President makes a certification under subsection (b) or subsection (c). “(b) Certification of Fundamental Changes in Iraqi Policies and Actions .— The authority of subsection (a) may be exercised 60 days after the President certifies to the Congress that— “(1) the Government of Iraq— “(A) has demonstrated, through a pattern of conduct, substantial improvement in its respect for internationally recognized human rights; “(B) is not acquiring, developing, or manufacturing (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; and “(C) does not provide support for international terrorism; “(2) the Government of Iraq is in substantial compliance with its obligations under international law, including— “(A) the Charter of the United Nations; “(B) the International Covenant on Civil and Political Rights (done at New York, December 16, 1966 ) and the International Covenant on Economic, Social, and Cultural Rights (done at New York, December 16, 1966 ); “(C) the Convention on the Prevention and Punishment of the Crime of Genocide (done at Paris, December 9, 1948 ); “(D) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925 ); “(E) the Treaty on the Non-Proliferation of Nuclear Weapons (done at Washington, London, and Moscow, July 1, 1968 ); and “(F) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, and Moscow, April 10, 1972 ); and “(3) the President has determined that it is essential to the national interests of the United States to exercise the authority of subsection (a). “(c) Certification of Fundamental Changes in Iraqi Leadership and Policies .— The authority of subsection (a) may be exercised 30 days after the President certifies to the Congress that— “(1) there has been a fundamental change in the leadership of the Government of Iraq; and “(2) the new Government of Iraq has provided reliable and credible assurance that— “(A) it respects internationally recognized human rights and it will demonstrate such respect through its conduct; “(B) it is not acquiring, developing, or manufacturing and it will not acquire, develop, or manufacture (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; “(C) it is not and will not provide support for international terrorism; and “(D) it is and will continue to be in substantial compliance with its obligations under international law, including all the treaties specified in subparagraphs (A) through (F) of subsection (b)(2). “(d) Information To Be Included in Certifications .— Any certification under subsection (b) or (c) shall include the justification for each determination required by that subsection. The certification shall also specify which paragraphs of section 586G(a) the President will waive pursuant to that certification. “SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES ASSISTING IRAQ’S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS CAPABILITY. “(a) Restriction on Export Licenses .— None of the funds appropriated by this or any other Act may be used to approve the licensing for export of any supercomputer to any country whose government the President determines is assisting, or whose government officials the President determines are assisting, Iraq to improve its rocket technology or chemical, biological, or nuclear weapons capability. “(b) Negotiations .— The President is directed to begin immediate negotiations with those governments with which the United States has bilateral supercomputer agreements, including the Government of the United Kingdom and the Government of Japan, on conditions restricting the transfer to Iraq of supercomputer or associated technology. “SEC. 586J. REPORTS TO CONGRESS. “(a) Study and Report on the International Export to Iraq of Nuclear, Biological, Chemical, and Ballistic Missile Technology .— (1) The President shall conduct a study on the sale, export, and third party transfer or development of nuclear, biological, chemical, and ballistic missile technology to or with Iraq including— “(A) an identification of specific countries, as well as companies and individuals, both foreign and domestic, engaged in such sale or export of, nuclear, biological, chemical, and ballistic missile technology; “(B) a detailed description and analysis of the international supply, information, support, and coproduction network, individual, corporate, and state, responsible for Iraq’s current capability in the area of nuclear, biological, chemical, and ballistic missile technology; and “(C) a recommendation of standards and procedures against which to measure and verify a decision of the Government of Iraq to terminate the development, production, coproduction, and deployment of nuclear, biological, chemical, and offensive ballistic missile technology as well as the destruction of all existing facilities associated with such technologies. “(2) The President shall include in the study required by paragraph (1) specific recommendations on new mechanisms, to include, but not be limited to, legal, political, economic and regulatory, whereby the United States might contribute, in conjunction with its friends, allies, and the international community, to the management, control, or elimination of the threat of nuclear, biological, chemical, and ballistic missile proliferation. “(3) Not later than March 30, 1991 , the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection. “(b) Study and Report on Iraq’s Offensive Military Capability .— (1) The President shall conduct a study on Iraq’s offensive military capability and its effect on the Middle East balance of power including an assessment of Iraq’s power projection capability, the prospects for another sustained conflict with Iran, joint Iraqi-Jordanian military cooperation, the threat Iraq’s arms transfer activities pose to United States allies in the Middle East, and the extension of Iraq’s political-military influence into Africa and Latin America. “(2) Not later than March 30, 1991 , the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1). “(c) Report on Sanctions Taken by Other Nations Against Iraq .— (1) The President shall prepare a report on the steps taken by other nations, both before and after the August 2, 1990 , invasion of Kuwait, to curtail the export of goods, services, and technologies to Iraq which might contribute to, or enhance, Iraq’s nuclear, biological, chemical, and ballistic missile capability. “(2) The President shall provide a complete accounting of international compliance with each of the sanctions resolutions adopted by the United Nations Security Council against Iraq since August 2, 1990 , and shall list, by name, each country which to his knowledge, has provided any assistance to Iraq and the amount and type of that assistance in violation of each United Nations resolution. “(3) The President shall make every effort to encourage other nations, in whatever forum or context, to adopt sanctions toward Iraq similar to those contained in this section. “(4) Not later than every 6 months after the date of enactment of this Act [ Nov. 5, 1990 ], the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.”
[Provisions similar to section 586D of Pub. L. 101–513, set out above, relating to compliance with sanctions against Iraq were contained in the following appropriations acts:
[Pub. L. 108–7, div. E, title V, § 531, Feb. 20, 2003, 117 Stat. 192.
[Pub. L. 107–115, title V, § 531, Jan. 10, 2002, 115 Stat. 2150.
[Pub. L. 106–429, § 101(a) [title V, § 534], Nov. 6, 2000, 114 Stat. 1900, 1900A–34.
[Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 534], Nov. 29, 1999, 113 Stat. 1535, 1501A–93.
[Pub. L. 105–277, div. A, § 101(d) [title V, § 535], Oct. 21, 1998, 112 Stat. 2681–150, 2681–181.
[Pub. L. 105–118, title V, § 534, Nov. 26, 1997, 111 Stat. 2416.
[Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 533], Sept. 30, 1996, 110 Stat. 3009–121, 3009–152.
[Pub. L. 104–107, title V, § 534, Feb. 12, 1996, 110 Stat. 734.
[Pub. L. 103–306, title V, § 538, Aug. 23, 1994, 108 Stat. 1639.
[Pub. L. 103–87, title V, § 539, Sept. 30, 1993, 107 Stat. 957.
[Pub. L. 102–391, title V, § 573, Oct. 6, 1992, 106 Stat. 1683.]
Pub. L. 101–510, div. A, title XIV, § 1458, Nov. 5, 1990, 104 Stat. 1697, provided that:
“If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not— “(1) prohibited— “(A) the importation of products of Iraq into its customs territory, and “(B) the export of its products to Iraq; or “(2) given assurances satisfactory to the President that such import and export sanctions will be promptly implemented.”
Pub. L. 99–93, title V, Aug. 16, 1985, 99 Stat. 437, provided for the determination of the validity and amounts of claims by United States nationals against Iran which were settled en bloc by the United States.
Determination of President of the United States, No. 2003–23, May 7, 2003, 68 F.R. 26459, provided:
Memorandum for the Secretary of State [and] the Secretary of Commerce
By virtue of the authority vested in me by the Constitution and the laws of the United States, including sections 1503 and 1504 of the Emergency Wartime Supplemental Act, 2003 [Emergency Wartime Supplemental Appropriations Act, 2003], Public Law 108–11 (the “Act”) [117 Stat. 579], and section 301 of title 3, United States Code, I hereby:
(1) suspend the application of all of the provisions, other than section 586E, of the Iraq Sanctions Act of 1990, Public Law 101–513 [set out above], and
(2) make inapplicable with respect to Iraq section 620A of the Foreign Assistance Act of 1961, Public Law 87–195, as amended [22 U.S.C. 2371] (the “FAA”), and any other provision of law that applies to countries that have supported terrorism.
In addition, I delegate the functions and authorities conferred upon the President by:
(1) section 1503 of the Act to submit reports to the designated committees of the Congress to the Secretary of Commerce, or until such time as the principal licensing responsibility for the export to Iraq of items on the Commerce Control List has reverted to the Department of Commerce, to the Secretary of the Treasury; and,
(2) section 1504 of the Act to the Secretary of State.
The functions and authorities delegated herein may be further delegated and redelegated to the extent consistent with applicable law.
The Secretary of State is authorized and directed to publish this determination in the Federal Register.
George W. Bush.
Memorandum of President of the United States, Nov. 28, 2022, 87 F.R. 74485, provided:
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance United States policy and approach to prevent and respond to conflict-related sexual violence worldwide, it is hereby ordered as follows:
Section 1. Policy. Conflict-related sexual violence (CRSV) has devastating effects on individuals and communities, undermines peace and security, and prevents inclusive and sustainable development. Yet wherever conflicts or crises occur, sexual violence continues to be wielded as a tool or is a byproduct of armed conflict. Impunity for CRSV remains widespread, with accountability and justice the rare exception. For each rape reported in connection with a conflict, the United Nations estimates that 10 to 20 cases go undocumented, in part due to the impunity of perpetrators. Among the best ways to prevent CRSV worldwide are to advance global gender equity and equality and change harmful societal gender norms; prioritize prevention measures and locally-driven responses to all forms of gender-based violence, including through respect for human rights and international humanitarian law and equal protection under the law; and address impunity related to these brutal, yet often unreported, acts.
The United States does not accept CRSV as an inevitable cost of armed conflict and is committed to supporting survivors of this scourge by invoking all tools available, including legal, policy, diplomatic, and financial tools, to deter such violence, break the vicious cycle of impunity, and provide the necessary services to survivors. The United States has numerous frameworks, including laws and policies, through which to respond to and address CRSV, but more action is required to use them fully and in a manner that responds to the full scale of this problem. These efforts to address impunity and increase accountability for CRSV will complement a broader, holistic approach to preventing and responding to this scourge, which includes advancing gender equity and equality; prioritizing the immediate needs of survivors; and amplifying survivor voices in transitional justice, the provision of services, and peace and political processes.
It is the policy of the United States to fully exercise existing authorities to impose economic sanctions and implement visa restrictions in order to promote justice and accountability for acts of CRSV; devote the necessary resources to ensure regular coordination and reporting on CRSV incidents and to conduct training on CRSV issues more broadly, including to support the designation of sanctions targets; strengthen the implementation of other existing tools and authorities to promote accountability for CRSV, including the provision of United States security assistance; and broaden engagement with foreign partner governments to encourage the establishment and use of their own tools to promote justice and accountability.
Sec. 2. Advancing Accountability for Acts of CRSV through Existing Sanctions Authorities. (a) Executive Order 13818 of December 20, 2017 (Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption) [listed in a table below], builds on and implements the Global Magnitsky Human Rights Accountability Act, [subtitle F of title XII of div. A of] Public Law 114–328 (the “Act”) [22 U.S.C. 10101 et seq.], and authorizes the imposition of sanctions on persons, including both individuals and entities, responsible for or complicit in, or who have directly or indirectly engaged in, serious human rights abuse, as well as individuals who are or have been leaders or officials of an entity, including any government entity, that has engaged in, or which has members who have engaged in, serious human rights abuses relating to their tenure, among other things. It is the policy of the United States that an act of CRSV, committed by either state or non-state actors, may constitute a “serious human rights abuse” for purposes of designation under Executive Order 13818, as well as other similar authorities, and in furtherance of the policy reflected in the Act.
(b) In addition to the authorities described in subsection (a) of this section, many country-specific sanctions programs also contain criteria for the imposition of sanctions on persons engaged in or otherwise connected to activities that may include CRSV. For example, numerous sanctions programs, including country-specific programs related to Belarus, Burma, the Central African Republic, the Democratic Republic of the Congo, Iran, Libya, Mali, Nicaragua, Somalia, North Korea, the Russian Federation, South Sudan, Syria, Venezuela, the Western Balkans, and Zimbabwe, include criteria for targeting certain abuses or violations of human rights, which may include CRSV depending on specific facts and circumstances. It is the policy of the United States to promote accountability for perpetrators of acts of CRSV through relevant existing sanctions authorities, where applicable, and to ensure that these authorities are used to the fullest extent possible to target perpetrators of acts of CRSV and their enablers.
(c) I hereby direct the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Director of National Intelligence to undertake the following actions, including by issuing guidance or regulations as appropriate:
(i) ensure equal consideration of and attention to acts of CRSV as the conduct supporting designation when identifying appropriate targets and compiling information necessary for the preparation of sanctions packages under applicable authorities, including those identified in this section; and
(ii) strengthen the capacity of executive departments and agencies (agencies) to collect, identify, assess, and share information on CRSV as appropriate, including by consulting with local civil society organizations, taking into account the importance of safely gathering information from survivors to support potential designations under existing sanctions authorities.
Sec. 3. Advancing Accountability for Acts of CRSV Through Additional Measures and Authorities. The United States is committed to using all available tools, including those pertaining to security assistance and visa eligibility, to prevent and respond to CRSV and promote accountability for perpetrators. Heads of agencies, including the Secretary of State and the Secretary of the Treasury, are directed to use existing authorities to the fullest extent possible to promote accountability for acts of CRSV, including considering acts of CRSV when assessing the potential application of existing laws and regulations, including, where appropriate, the laws known as the “Leahy Laws” (22 U.S.C. 2378d and 10 U.S.C. 362) and sections 7031(c) [8 U.S.C. 1182 note] and 7048(g) [136 Stat. 664] of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (Div. K, Public Law 117–103, as carried forward by the Continuing Appropriations Act, 2023 (Div. A, Public Law 117–180)), as well as similar provisions in future acts.
Sec. 4. Building Coalitions of Like-Minded Nations and Engaging International Organizations in Promoting Accountability for Acts of CRSV. Bilateral relationships with allies and partners, as well as engagement in multilateral fora and our relationships with international organizations, are critical to promote justice and accountability for acts of CRSV and bring global attention to this issue. Agencies engaged abroad shall reinforce the work they have done and amplify efforts with other nations—bilaterally and within multilateral fora—and with international organizations to broaden the number of countries willing to support accountability for acts of CRSV and to strengthen policies and locally-driven programming in multilateral institutions, including efforts to address the immediate and long-term needs of survivors, to promote accountability and justice for acts of CRSV.
Sec. 5. Definition. For the purposes of this memorandum, the term “conflict-related sexual violence” (CRSV) refers to incidents or patterns of sexual violence that occur in conflict or post-conflict situations with a direct or indirect link to conflict. CRSV may include rape, sexual slavery, sex trafficking, forced pregnancy, forced sterilization, and any other form of sexual violence of comparable gravity, against individuals of all gender identities. Depending on the circumstances, acts of CRSV can constitute war crimes, crimes against humanity, or acts of genocide, and therefore may constitute crimes that are punishable under international law.
Sec. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
Provisions relating to the exercise of Presidential authorities to declare national emergencies for unusual and extraordinary threats with respect to the actions of certain persons and countries are contained in the following:
Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, revoked by Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
Continuations of national emergency declared by Ex. Ord. No. 13129 were contained in the following:
Notice of President of the United States, dated June 30, 2001, 66 F.R. 35363.
Notice of President of the United States, dated June 30, 2000, 65 F.R. 41549.
Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
Ex. Ord. No. 14064, Feb. 11, 2022, 87 F.R. 8391.
Continuations of national emergency declared by Ex. Ord. No. 14064 were contained in the following:
Notice of President of the United States, Jan. 20, 2026, 91 F.R. 3311.
Notice of President of the United States, dated Jan. 15, 2025, 90 F.R. 6711.
Notice of President of the United States, dated Feb. 7, 2024, 89 F.R. 8991.
Notice of President of the United States, dated Feb. 3, 2023, 88 F.R. 7837.
Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Continuations of national emergency declared by Ex. Ord. No. 12865 were contained in the following:
Notice of President of the United States, dated Sept. 23, 2002, 67 F.R. 60105.
Notice of President of the United States, dated Sept. 24, 2001, 66 F.R. 49084.
Notice of President of the United States, dated Sept. 22, 2000, 65 F.R. 57721.
Notice of President of the United States, dated Sept. 21, 1999, 64 F.R. 51419.
Notice of President of the United States, dated Sept. 23, 1998, 63 F.R. 51509.
Notice of President of the United States, dated Sept. 24, 1997, 62 F.R. 50477.
Notice of President of the United States, dated Sept. 16, 1996, 61 F.R. 49047.
Notice of President of the United States, dated Sept. 18, 1995, 60 F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994, 59 F.R. 42749.
Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13405, June 16, 2006, 71 F.R. 35485.
Continuations of national emergency declared by Ex. Ord. No. 13405 were contained in the following:
Notice of President of the United States, dated June 9, 2025, 90 F.R. 24953.
Notice of President of the United States, dated June 13, 2024, 89 F.R. 51197.
Notice of President of the United States, dated June 12, 2023, 88 F.R. 39109.
Notice of President of the United States, dated June 13, 2022, 87 F.R. 36047.
Notice of President of the United States, dated June 8, 2021, 86 F.R. 31085.
Notice of President of the United States, dated June 11, 2020, 85 F.R. 36137.
Notice of President of the United States, dated June 13, 2019, 84 F.R. 27905.
Notice of President of the United States, dated June 8, 2018, 83 F.R. 27287.
Notice of President of the United States, dated June 13, 2017, 82 F.R. 27605.
Notice of President of the United States, dated June 10, 2016, 81 F.R. 38879.
Notice of President of the United States, dated June 10, 2015, 80 F.R. 34021.
Notice of President of the United States, dated June 10, 2014, 79 F.R. 33847.
Notice of President of the United States, dated June 13, 2013, 78 F.R. 36081.
Notice of President of the United States, dated June 14, 2012, 77 F.R. 36113.
Notice of President of the United States, dated June 14, 2011, 76 F.R. 35093.
Notice of President of the United States, dated June 8, 2010, 75 F.R. 32841.
Notice of President of the United States, dated June 12, 2009, 74 F.R. 28437.
Notice of President of the United States, dated June 6, 2008, 73 F.R. 32981.
Notice of President of the United States, dated June 14, 2007, 72 F.R. 33381.
Ex. Ord. No. 14038, Aug. 9, 2021, 86 F.R. 43905.
Ex. Ord. No. 14323, July 30, 2025, 90 F.R. 37739.
Ex. Ord. No. 14361, Nov. 20, 2025, 90 F.R. 54467.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, sections 1 to 7 of which were revoked by Ex. Ord. No. 13310, § 12, July 28, 2003, 68 F.R. 44855, to the extent inconsistent with Ex. Ord. No. 13310; revoked in full by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Continuations of national emergency declared by Ex. Ord. No. 13047 were contained in the following:
Notice of President of the United States, dated May 17, 2016, 81 F.R. 31487.
Notice of President of the United States, dated May 15, 2015, 80 F.R. 28805.
Notice of President of the United States, dated May 15, 2014, 79 F.R. 28807.
Notice of President of the United States, dated May 2, 2013, 78 F.R. 26231.
Notice of President of the United States, dated May 17, 2012, 77 F.R. 29851.
Notice of President of the United States, dated May 16, 2011, 76 F.R. 28883.
Notice of President of the United States, dated May 13, 2010, 75 F.R. 27629.
Notice of President of the United States, dated May 14, 2009, 74 F.R. 23287.
Notice of President of the United States, dated May 16, 2008, 73 F.R. 29035.
Notice of President of the United States, dated May 17, 2007, 72 F.R. 28447.
Notice of President of the United States, dated May 18, 2006, 71 F.R. 29239.
Notice of President of the United States, dated May 17, 2005, 70 F.R. 28771.
Notice of President of the United States, dated May 17, 2004, 69 F.R. 29041.
Notice of President of the United States, dated May 16, 2003, 68 F.R. 27425.
Notice of President of the United States, dated May 16, 2002, 67 F.R. 35423.
Notice of President of the United States, dated May 15, 2001, 66 F.R. 27443.
Notice of President of the United States, dated May 18, 2000, 65 F.R. 32005.
Notice of President of the United States, dated May 18, 1999, 64 F.R. 27443.
Notice of President of the United States, dated May 18, 1998, 63 F.R. 27661.
Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853, as amended by Ex. Ord. No. 13651, § 2, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60223, as amended by Ex. Ord. No. 13619, § 2(b), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13464, Apr. 30, 2008, 73 F.R. 24491, as amended by Ex. Ord. No. 13619, § 2(a), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13619, July 11, 2012, 77 F.R. 41243, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13651, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 14014, Feb. 10, 2021, 86 F.R. 9429.
Continuations of national emergency declared by Ex. Ord. No. 14014 were contained in the following:
Notice of President of the United States, Feb. 3, 2026, 91 F.R. 5663.
Notice of President of the United States, dated Feb. 4, 2025, 90 F.R. 9111.
Notice of President of the United States, dated Feb. 7, 2024, 89 F.R. 8989.
Notice of President of the United States, dated Feb. 6, 2023, 88 F.R. 8205.
Notice of President of the United States, dated Feb. 7, 2022, 87 F.R. 7677.
Ex. Ord. No. 13712, Nov. 22, 2015, 80 F.R. 73633, revoked by Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149.
Continuations of national emergency declared by Ex. Ord. No. 13712 were contained in the following:
Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72893.
Notice of President of the United States, dated Nov. 19, 2019, 84 F.R. 64191.
Notice of President of the United States, dated Nov. 16, 2018, 83 F.R. 58461.
Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51967.
Notice of President of the United States, dated Nov. 9, 2016, 81 F.R. 79989.
Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149.
Ex. Ord. No. 14193, Feb. 1, 2025, 90 F.R. 9113, as amended by Ex. Ord. No. 14197, § 3, Feb. 3, 2025, 90 F.R. 9183; Ex. Ord. No. 14226, § 1, Mar. 2, 2025, 90 F.R. 11369; Ex. Ord. No. 14231, Mar. 6, 2025, 90 F.R. 11785.
Continuation of national emergency declared by Ex. Ord. No. 14193 was contained in the following:
Notice of President of the United States, dated Jan. 12, 2026, 91 F.R. 1665.
Ex. Ord. No. 14197, Feb. 3, 2025, 90 F.R. 9183.
Ex. Ord. No. 14289, Apr. 29, 2025, 90 F.R. 18907, as amended by Proc. No. 10947, par. 5, June 3, 2025, 90 F.R. 24199.
Ex. Ord. No. 14325, July 31, 2025, 90 F.R. 37957.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 13667, May 12, 2014, 79 F.R. 28387.
Continuations of national emergency declared by Ex. Ord. No. 13667 were contained in the following:
Notice of President of the United States, dated May 7, 2025, 90 F.R. 19621.
Notice of President of the United States, dated May 8, 2024, 89 F.R. 40357.
Notice of President of the United States, dated May 10, 2023, 88 F.R. 30637.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 29019.
Notice of President of the United States, dated May 6, 2021, 86 F.R. 25795.
Notice of President of the United States, dated May 7, 2020, 85 F.R. 27641.
Notice of President of the United States, dated May 8, 2019, 84 F.R. 20539.
Notice of President of the United States, dated May 10, 2018, 83 F.R. 22175.
Notice of President of the United States, dated May 9, 2017, 82 F.R. 21911.
Notice of President of the United States, dated May 9, 2016, 81 F.R. 29469.
Notice of President of the United States, dated May 8, 2015, 80 F.R. 27067.
Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by Ex. Ord. No. 13286, § 22, Feb. 28, 2003, 68 F.R. 10624.
Continuations of national emergency declared by Ex. Ord. No. 12978 were contained in the following:
Notice of President of the United States, dated Oct. 16, 2025, 90 F.R. 48391.
Notice of President of the United States, dated Oct. 11, 2024, 89 F.R. 83417.
Notice of President of the United States, dated Oct. 17, 2023, 88 F.R. 72345.
Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62279.
Notice of President of the United States, dated Oct. 12, 2021, 86 F.R. 57319.
Notice of President of the United States, dated Oct. 19, 2020, 85 F.R. 66871.
Notice of President of the United States, dated Oct. 15, 2019, 84 F.R. 55857.
Notice of President of the United States, dated Oct. 17, 2018, 83 F.R. 52941.
Notice of President of the United States, dated Oct. 16, 2017, 82 F.R. 48607.
Notice of President of the United States, dated Oct. 18, 2016, 81 F.R. 72679.
Notice of President of the United States, dated Oct. 19, 2015, 80 F.R. 63665.
Notice of President of the United States, dated Oct. 16, 2014, 79 F.R. 62795.
Notice of President of the United States, dated Oct. 16, 2013, 78 F.R. 62341.
Notice of President of the United States, dated Oct. 17, 2012, 77 F.R. 64221.
Notice of President of the United States, dated Oct. 19, 2011, 76 F.R. 65355.
Notice of President of the United States, dated Oct. 14, 2010, 75 F.R. 64109.
Notice of President of the United States, dated Oct. 16, 2009, 74 F.R. 53879.
Notice of President of the United States, dated Oct. 16, 2008, 73 F.R. 62433.
Notice of President of the United States, dated Oct. 18, 2007, 72 F.R. 59473.
Notice of President of the United States, dated Oct. 19, 2006, 71 F.R. 62053.
Notice of President of the United States, dated Oct. 19, 2005, 70 F.R. 61209.
Notice of President of the United States, dated Oct. 19, 2004, 69 F.R. 61733.
Notice of President of the United States, dated Oct. 16, 2003, 68 F.R. 60023.
Notice of President of the United States, dated Oct. 16, 2002, 67 F.R. 64307.
Notice of President of the United States, dated Oct. 16, 2001, 66 F.R. 53073.
Notice of President of the United States, dated Oct. 19, 2000, 65 F.R. 63193.
Notice of President of the United States, dated Oct. 19, 1999, 64 F.R. 56667.
Notice of President of the United States, dated Oct. 19, 1998, 63 F.R. 56079.
Notice of President of the United States, dated Oct. 17, 1997, 62 F.R. 54561.
Notice of President of the United States, dated Oct. 16, 1996, 61 F.R. 54531.
Ex. Ord. No. 13959, Nov. 12, 2020, 85 F.R. 73185, as amended by Ex. Ord. No. 13974, §§ 1–3, Jan. 13, 2021, 86 F.R. 4875, 4876, revoked by Ex. Ord. No. 14032, § 4, June 3, 2021, 86 F.R. 30147; Ex. Ord. No. 14032, §§ 1–3, June 3, 2021, 86 F.R. 30145, 30146.
Continuations of national emergency declared by Ex. Ord. No. 13959 were contained in the following:
Notice of President of the United States, dated Nov. 5, 2025, 90 F.R. 50739.
Notice of President of the United States, dated Nov. 7, 2024, 89 F.R. 88869.
Notice of President of the United States, dated Nov. 3, 2023, 88 F.R. 76987.
Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68017.
Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62711.
Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389, revoked by Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673.
Continuations of national emergency declared by Ex. Ord. No. 13396 were contained in the following:
Notice of President of the United States, dated Feb. 3, 2016, 81 F.R. 6157.
Notice of President of the United States, dated Feb. 4, 2015, 80 F.R. 6647.
Notice of President of the United States, dated Feb. 4, 2014, 79 F.R. 7047.
Notice of President of the United States, dated Feb. 4, 2013, 78 F.R. 8955.
Notice of President of the United States, dated Feb. 3, 2012, 77 F.R. 5985.
Notice of President of the United States, dated Jan. 26, 2011, 76 F.R. 5053.
Notice of President of the United States, dated Feb. 2, 2010, 75 F.R. 5675.
Notice of President of the United States, dated Feb. 4, 2009, 74 F.R. 6349.
Notice of President of the United States, dated Feb. 5, 2008, 73 F.R. 7185.
Notice of President of the United States, dated Feb. 5, 2007, 72 F.R. 5593.
Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673.
Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by Ex. Ord. No. 13099, §§ 1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex. Ord. No. 13372, § 2, Feb. 16, 2005, 70 F.R. 8499, revoked by Ex. Ord. 13886, Sept. 9, 2019, 84 F.R. 48041.
Continuations of national emergency declared by Ex. Ord. No. 12947 were contained in the following:
Notice of President of the United States, dated Jan. 16, 2019, 84 F.R. 127.
Notice of President of the United States, dated Jan. 17, 2018, 83 F.R. 2731.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6165.
Notice of President of the United States, dated Jan. 20, 2016, 81 F.R. 3937.
Notice of President of the United States, dated Jan. 21, 2015, 80 F.R. 3461.
Notice of President of the United States, dated Jan. 21, 2014, 79 F.R. 3721.
Notice of President of the United States, dated Jan. 17, 2013, 78 F.R. 4303.
Notice of President of the United States, dated Jan. 19, 2012, 77 F.R. 3067.
Notice of President of the United States, dated Jan. 13, 2011, 76 F.R. 3009.
Notice of President of the United States, dated Jan. 20, 2010, 75 F.R. 3845.
Notice of President of the United States, dated Jan. 15, 2009, 74 F.R. 3961.
Notice of President of the United States, dated Jan. 18, 2008, 73 F.R. 3859.
Notice of President of the United States, dated Jan. 18, 2007, 72 F.R. 2595.
Notice of President of the United States, dated Jan. 18, 2006, 71 F.R. 3407.
Notice of President of the United States, dated Jan. 17, 2005, 70 F.R. 3277.
Notice of President of the United States, dated Jan. 16, 2004, 69 F.R. 2991.
Notice of President of the United States, dated Jan. 20, 2003, 68 F.R. 3161.
Notice of President of the United States, dated Jan. 18, 2002, 67 F.R. 3033.
Notice of President of the United States, dated Jan. 19, 2001, 66 F.R. 7371.
Notice of President of the United States, dated Jan. 19, 2000, 65 F.R. 3581.
Notice of President of the United States, dated Jan. 20, 1999, 64 F.R. 3393.
Notice of President of the United States, dated Jan. 21, 1998, 63 F.R. 3445.
Notice of President of the United States, dated Jan. 21, 1997, 62 F.R. 3439.
Notice of President of the United States, dated Jan. 18, 1996, 61 F.R. 1695.
Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by Ex. Ord. No. 13268, § 1, July 2, 2002, 67 F.R. 44751; Ex. Ord. No. 13284, § 4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372, § 1, Feb. 16, 2005, 70 F.R. 8499; Ex. Ord. No. 13886, §§ 1, 2, Sept. 9, 2019, 84 F.R. 48041, 48042.
Continuations of national emergency declared by Ex. Ord. No. 13224 were contained in the following:
Notice of President of the United States, dated Sept. 8, 2025, 90 F.R. 43903.
Notice of President of the United States, dated Sept. 18, 2024, 89 F.R. 77011.
Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62439.
Notice of President of the United States, dated Sept. 19, 2022, 87 F.R. 57569.
Notice of President of the United States, dated Sept. 15, 2021, 86 F.R. 52069.
Notice of President of the United States, dated Sept. 18, 2020, 85 F.R. 59641.
Notice of President of the United States, dated Sept. 19, 2019, 84 F.R. 49633.
Notice of President of the United States, dated Sept. 19, 2018, 83 F.R. 47799.
Notice of President of the United States, dated Sept. 18, 2017, 82 F.R. 43825.
Notice of President of the United States, dated Sept. 15, 2016, 81 F.R. 64343.
Notice of President of the United States, dated Sept. 18, 2015, 80 F.R. 57281.
Notice of President of the United States, dated Sept. 17, 2014, 79 F.R. 56475.
Notice of President of the United States, dated Sept. 18, 2013, 78 F.R. 58151.
Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56519.
Notice of President of the United States, dated Sept. 21, 2011, 76 F.R. 59001.
Notice of President of the United States, dated Sept. 16, 2010, 75 F.R. 57159.
Notice of President of the United States, dated Sept. 21, 2009, 74 F.R. 48359.
Notice of President of the United States, dated Sept. 18, 2008, 73 F.R. 54489.
Notice of President of the United States, dated Sept. 20, 2007, 72 F.R. 54205.
Notice of President of the United States, dated Sept. 21, 2006, 71 F.R. 55725.
Notice of President of the United States, dated Sept. 21, 2005, 70 F.R. 55703.
Notice of President of the United States, dated Sept. 21, 2004, 69 F.R. 56923.
Notice of President of the United States, dated Sept. 18, 2003, 68 F.R. 55189.
Notice of President of the United States, dated Sept. 19, 2002, 67 F.R. 59447.
Ex. Ord. No. 13372, Feb. 16, 2005, 70 F.R. 8499.
Ex. Ord. No. 14157, Jan. 20, 2025, 90 F.R. 8439.
Continuation of national emergency declared by Ex. Ord. No. 14157 was contained in the following:
Notice of President of the United States, dated Jan. 12, 2026, 91 F.R. 1665.
Ex. Ord. No. 14362, Nov. 24, 2025, 90 F.R. 55033.
Ex. Ord. No. 13848, Sept. 12, 2018, 83 F.R. 46843.
Continuations of national emergency declared by Ex. Ord. No. 13848 were contained in the following:
Notice of President of the United States, dated Aug. 29, 2025, 90 F.R. 42697.
Notice of President of the United States, dated Sept. 9, 2024, 89 F.R. 74103.
Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62437.
Notice of President of the United States, dated Sept. 7, 2022, 87 F.R. 55681.
Notice of President of the United States, dated Sept. 7, 2021, 86 F.R. 50601.
Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56469.
Notice of President of the United States, dated Sept. 10, 2019, 84 F.R. 48039.
Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, revoked by Ex. Ord. No. 12938, § 10, Nov. 14, 1994, 59 F.R. 59099.
Continuations of national emergency declared by Ex. Ord. No. 12735 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993, 58 F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992, 57 F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991, 56 F.R. 58171.
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, revoked, with savings provision, by Ex. Ord. No. 12930, § 3, Sept. 29, 1994, 59 F.R. 50475.
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, revoked by Ex. Ord. No. 12938, § 10, Nov. 14, 1994, 59 F.R. 59099.
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by Ex. Ord. No. 13094, § 1, July 28, 1998, 63 F.R. 40803; Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, § 4, June 28, 2005, 70 F.R. 38568.
Continuations of national emergency declared by Ex. Ord. No. 12938 were contained in the following:
Notice of President of the United States, dated Nov. 5, 2025, 90 F.R. 50737.
Notice of President of the United States, dated Nov. 7, 2024, 89 F.R. 88867.
Notice of President of the United States, dated Nov. 1, 2023, 88 F.R. 75475.
Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68015.
Notice of President of the United States, dated Nov. 10, 2021, 86 F.R. 62891.
Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72897.
Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61817.
Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56253.
Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51971.
Notice of President of the United States, dated Nov. 8, 2016, 81 F.R. 79379.
Notice of President of the United States, dated Nov. 12, 2015, 80 F.R. 70667.
Notice of President of the United States, dated Nov. 7, 2014, 79 F.R. 67035.
Notice of President of the United States, dated Nov. 7, 2013, 78 F.R. 67289.
Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66513.
Notice of President of the United States, dated Nov. 9, 2011, 76 F.R. 70319.
Notice of President of the United States, dated Nov. 6, 2009, 74 F.R. 58187.
Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67097.
Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63963.
Notice of President of the United States, dated Oct. 27, 2006, 71 F.R. 64109.
Notice of President of the United States, dated Oct. 25, 2005, 70 F.R. 62027.
Notice of President of the United States, dated Nov. 4, 2004, 69 F.R. 64637.
Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62209.
Notice of President of the United States, dated Nov. 6, 2002, 67 F.R. 68493.
Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56965.
Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68063.
Notice of President of the United States, dated Nov. 10, 1999, 64 F.R. 61767.
Notice of President of the United States, dated Nov. 12, 1998, 63 F.R. 63589.
Notice of President of the United States, dated Nov. 12, 1997, 62 F.R. 60993.
Notice of President of the United States, dated Nov. 12, 1996, 61 F.R. 58309.
Notice of President of the United States, dated Nov. 8, 1995, 60 F.R. 57137.
Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567.
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Continuation of emergency declared by Ex. Ord. No. 12470 was contained in the following:
Notice of President of the United States, dated Mar. 28, 1985, 50 F.R. 12513.
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex. Ord. No. 12867, § 1, Sept. 30, 1993, 58 F.R. 51747.
Continuations of national emergency declared by Ex. Ord. No. 12730 were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992, 57 F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991, 56 F.R. 49385.
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex. Ord. No. 12924, § 4, Aug. 19, 1994, 59 F.R. 43438.
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex. Ord. No. 13206, § 1, Apr. 4, 2001, 66 F.R. 18397.
Continuations of national emergency declared by Ex. Ord. No. 12924 were contained in the following:
Notice of President of the United States, dated Aug. 3, 2000, 65 F.R. 48347.
Notice of President of the United States, dated Aug. 10, 1999, 64 F.R. 44101.
Notice of President of the United States, dated Aug. 13, 1998, 63 F.R. 44121.
Notice of President of the United States, dated Aug. 13, 1997, 62 F.R. 43629.
Notice of President of the United States, dated Aug. 14, 1996, 61 F.R. 42527.
Notice of President of the United States, dated Aug. 15, 1995, 60 F.R. 42767.
Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397.
Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, as amended by Ex. Ord. No. 13637, § 5, Mar. 8, 2013, 78 F.R. 16131.
Continuations of national emergency declared by Ex. Ord. No. 13222 were contained in the following:
Notice of President of the United States, dated Aug. 4, 2025, 90 F.R. 37999.
Notice of President of the United States, dated Aug. 13, 2024, 89 F.R. 66187.
Notice of President of the United States, dated Aug. 14, 2023, 88 F.R. 55549.
Notice of President of the United States, dated Aug. 4, 2022, 87 F.R. 48077.
Notice of President of the United States, dated Aug. 6, 2021, 86 F.R. 43901.
Notice of President of the United States, dated Aug. 13, 2020, 85 F.R. 49939.
Notice of President of the United States, dated Aug. 14, 2019, 84 F.R. 41881.
Notice of President of the United States, dated Aug. 8, 2018, 83 F.R. 39871.
Notice of President of the United States, dated Aug. 15, 2017, 82 F.R. 39005.
Notice of President of the United States, dated Aug. 4, 2016, 81 F.R. 52587.
Notice of President of the United States, dated Aug. 7, 2015, 80 F.R. 48233.
Notice of President of the United States, dated Aug. 7, 2014, 79 F.R. 46959.
Notice of President of the United States, dated Aug. 8, 2013, 78 F.R. 49107.
Notice of President of the United States, dated Aug. 15, 2012, 77 F.R. 49699.
Notice of President of the United States, dated Aug. 12, 2011, 76 F.R. 50661.
Notice of President of the United States, dated Aug. 12, 2010, 75 F.R. 50681.
Notice of President of the United States, dated Aug. 13, 2009, 74 F.R. 41325.
Notice of President of the United States, dated July 23, 2008, 73 F.R. 43603.
Notice of President of the United States, dated Aug. 15, 2007, 72 F.R. 46137.
Notice of President of the United States, dated Aug. 3, 2006, 71 F.R. 44551.
Notice of President of the United States, dated Aug. 2, 2005, 70 F.R. 45273.
Notice of President of the United States, dated Aug. 6, 2004, 69 F.R. 48763.
Notice of President of the United States, dated Aug. 7, 2003, 68 F.R. 47833.
Notice of President of the United States, dated Aug. 14, 2002, 67 F.R. 53721.
Ex. Ord. No. 14329, Aug. 6, 2025, 90 F.R. 38701.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 14245, Mar. 24, 2025, 90 F.R. 13829.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 14380, Jan. 29, 2026, 91 F.R. 5085.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 13413, Oct. 27, 2006, 71 F.R. 64105, as amended by Ex. Ord. No. 13671, §§ 1–3, July 8, 2014, 79 F.R. 39949, 39950.
Continuations of national emergency declared by Ex. Ord. No. 13413 were contained in the following:
Notice of President of the United States, dated Oct. 16, 2025, 90 F.R. 48395.
Notice of President of the United States, dated Oct. 11, 2024, 89 F.R. 83419.
Notice of President of the United States, dated Oct. 24, 2023, 88 F.R. 73753.
Notice of President of the United States, dated Oct. 13, 2022, 87 F.R. 62975.
Notice of President of the United States, dated Oct. 25, 2021, 86 F.R. 59277.
Notice of President of the United States, dated Oct. 23, 2020, 85 F.R. 67963.
Notice of President of the United States, dated Oct. 22, 2019, 84 F.R. 56927.
Notice of President of the United States, dated Oct. 25, 2018, 83 F.R. 54227.
Notice of President of the United States, dated Oct. 23, 2017, 82 F.R. 49275.
Notice of President of the United States, dated Oct. 21, 2016, 81 F.R. 74277.
Notice of President of the United States, dated Oct. 21, 2015, 80 F.R. 65119.
Notice of President of the United States, dated Oct. 21, 2014, 79 F.R. 63495.
Notice of President of the United States, dated Oct. 23, 2013, 78 F.R. 64151.
Notice of President of the United States, dated Oct. 24, 2012, 77 F.R. 65251.
Notice of President of the United States, dated Oct. 25, 2011, 76 F.R. 66599.
Notice of President of the United States, dated Oct. 22, 2010, 75 F.R. 65935.
Notice of President of the United States, dated Oct. 20, 2009, 74 F.R. 54741.
Notice of President of the United States, dated Oct. 22, 2008, 73 F.R. 63619.
Notice of President of the United States, dated Oct. 24, 2007, 72 F.R. 61045.
Ex. Ord. No. 13671, July 8, 2014, 79 F.R. 39949.
Ex. Ord. No. 14046, Sept. 17, 2021, 86 F.R. 52389.
Continuations of national emergency declared by Ex. Ord. No. 14046 were contained in the following:
Notice of President of the United States, dated Sept. 8, 2025, 90 F.R. 43901.
Notice of President of the United States, dated Sept. 6, 2024, 89 F.R. 73251.
Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62435.
Notice of President of the United States, dated Sept. 9, 2022, 87 F.R. 55899.
Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Continuations of national emergency declared by Ex. Ord. No. 12775 were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994, 59 F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993, 58 F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992, 57 F.R. 45557.
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 13873, May 15, 2019, 84 F.R. 22689.
Continuations of national emergency declared by Ex. Ord. No. 13873 were contained in the following:
Notice of President of the United States, dated May 9, 2025, 90 F.R. 20557.
Notice of President of the United States, dated May 8, 2024, 89 F.R. 40353.
Notice of President of the United States, dated May 10, 2023, 88 F.R. 30635.
Notice of President of the United States, dated May 12, 2022, 87 F.R. 29645.
Notice of President of the United States, dated May 11, 2021, 86 F.R. 26339.
Notice of President of the United States, dated May 13, 2020, 85 F.R. 29321.
Ex. Ord. No. 13942, Aug. 6, 2020, 85 F.R. 48637, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424.
Ex. Ord. No. 13943, Aug. 6, 2020, 85 F.R. 48641, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424.
Ex. Ord. No. 13971, Jan. 5, 2021, 86 F.R. 1249, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424.
Ex. Ord. No. 14034, June 9, 2021, 86 F.R. 31423.
Ex. Ord. No. 14117, Feb. 28, 2024, 89 F.R. 15421.
Ex. Ord. No. 13928, June 11, 2020, 85 F.R. 36139, revoked by Ex. Ord. No. 14022, Apr. 1, 2021, 86 F.R. 17895.
Ex. Ord. No. 14203, Feb. 6, 2025, 90 F.R. 9369.
Continuation of national emergency declared by Ex. Ord. No. 14203 was contained in the following:
Notice of President of the United States, dated Jan. 20, 2026, 91 F.R. 3309.
Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729.
Continuations of national emergency declared by Ex. Ord. No. 12170 were contained in the following:
Notice of President of the United States, dated Nov. 5, 2025, 90 F.R. 50735.
Notice of President of the United States, dated Nov. 1, 2024, 89 F.R. 87761.
Notice of President of the United States, dated Nov. 7, 2023, 88 F.R. 77489.
Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68013.
Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62709.
Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72895.
Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61815.
Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56251.
Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51969.
Notice of President of the United States, dated Nov. 3, 2016, 81 F.R. 78495.
Notice of President of the United States, dated Nov. 10, 2015, 80 F.R. 70663.
Notice of President of the United States, dated Nov. 12, 2014, 79 F.R. 68091.
Notice of President of the United States, dated Nov. 12, 2013, 78 F.R. 68323.
Notice of President of the United States, dated Nov. 9, 2012, 77 F.R. 67741.
Notice of President of the United States, dated Nov. 7, 2011, 76 F.R. 70035.
Notice of President of the United States, dated Nov. 10, 2010, 75 F.R. 69569.
Notice of President of the United States, dated Nov. 12, 2009, 74 F.R. 58841.
Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67357.
Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63965.
Notice of President of the United States, dated Nov. 9, 2006, 71 F.R. 66227.
Notice of President of the United States, dated Nov. 9, 2005, 70 F.R. 69039.
Notice of President of the United States, dated Nov. 9, 2004, 69 F.R. 65513.
Notice of President of the United States, dated Nov. 12, 2003, 68 F.R. 64489.
Notice of President of the United States, dated Nov. 12, 2002, 67 F.R. 68929.
Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56966.
Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68061.
Notice of President of the United States, dated Nov. 5, 1999, 64 F.R. 61471.
Notice of President of the United States, dated Nov. 9, 1998, 63 F.R. 63125.
Notice of President of the United States, dated Sept. 30, 1997, 62 F.R. 51591.
Notice of President of the United States, dated Oct. 29, 1996, 61 F.R. 56107.
Notice of President of the United States, dated Oct. 31, 1995, 60 F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994, 59 F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993, 58 F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992, 57 F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991, 56 F.R. 57791.
Notice of President of the United States, dated Nov. 9, 1990, 55 F.R. 47453.
Notice of President of the United States, dated Oct. 30, 1989, 54 F.R. 46043.
Notice of President of the United States, dated Nov. 8, 1988, 53 F.R. 45750.
Notice of President of the United States, dated Nov. 10, 1987, 52 F.R. 43549.
Notice of President of the United States, dated Nov. 10, 1986, 51 F.R. 41067.
Notice of President of the United States, dated Nov. 1, 1985, 50 F.R. 45901.
Notice of President of the United States, dated Nov. 7, 1984, 49 F.R. 44741.
Notice of President of the United States, dated Nov. 8, 1982, 47 F.R. 50841.
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions contained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions contained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913.
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915.
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917.
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919.
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921.
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923.
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927.
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929.
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No. 12317, Aug. 14, 1981, 46 F.R. 42241, revoked by Ex. Ord. No. 12379, § 21, Aug. 17, 1982, 47 F.R. 36100, listed in a table under section 1013 of Title 5, Government Organization and Employees.
Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111.
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, revoked by Ex. Ord. No. 13059, § 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, sections 1 and 2 of which were revoked by Ex. Ord. No. 12959, § 5, May 6, 1995, 60 F.R. 24758, to the extent inconsistent with Ex. Ord. No. 12959.
Continuations of national emergency declared by Ex. Ord. No. 12957 were contained in the following:
Notice of President of the United States, dated Mar. 2, 2026, 91 F.R. 10937.
Notice of President of the United States, dated Mar. 7, 2025, 90 F.R. 11887.
Notice of President of the United States, dated Mar. 12, 2024, 89 F.R. 18527.
Notice of President of the United States, dated Mar. 10, 2023, 88 F.R. 15595.
Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12555.
Notice of President of the United States, dated Mar. 5, 2021, 86 F.R. 13621.
Notice of President of the United States, dated Mar. 12, 2020, 85 F.R. 14731.
Notice of President of the United States, dated Mar. 12, 2019, 84 F.R. 9219.
Notice of President of the United States, dated Mar. 12, 2018, 83 F.R. 11393.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6187.
Notice of President of the United States, dated Mar. 9, 2016, 81 F.R. 12793.
Notice of President of the United States, dated Mar. 11, 2015, 80 F.R. 13471.
Notice of President of the United States, dated Mar. 12, 2014, 79 F.R. 14607.
Notice of President of the United States, dated Mar. 12, 2013, 78 F.R. 16397.
Notice of President of the United States, dated Mar. 13, 2012, 77 F.R. 15229.
Notice of President of the United States, dated Mar. 8, 2011, 76 F.R. 13283.
Notice of President of the United States, dated Mar. 10, 2010, 75 F.R. 12117.
Notice of President of the United States, dated Mar. 11, 2009, 74 F.R. 10999.
Notice of President of the United States, dated Mar. 11, 2008, 73 F.R. 13727.
Notice of President of the United States, dated Mar. 8, 2007, 72 F.R. 10883.
Notice of President of the United States, dated Mar. 13, 2006, 71 F.R. 13241.
Notice of President of the United States, dated Mar. 10, 2005, 70 F.R. 12581.
Notice of President of the United States, dated Mar. 10, 2004, 69 F.R. 12051.
Notice of President of the United States, dated Mar. 12, 2003, 68 F.R. 12563.
Notice of President of the United States, dated Mar. 13, 2002, 67 F.R. 11553.
Notice of President of the United States, dated Mar. 13, 2001, 66 F.R. 15013.
Notice of President of the United States, dated Mar. 13, 2000, 65 F.R. 13863.
Notice of President of the United States, dated Mar. 10, 1999, 64 F.R. 12239.
Notice of President of the United States, dated Mar. 4, 1998, 63 F.R. 11099.
Notice of President of the United States, dated Mar. 5, 1997, 62 F.R. 10409.
Notice of President of the United States, dated Mar. 8, 1996, 61 F.R. 9897.
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex. Ord. No. 13059, § 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531.
Ex. Ord. No. 13553, Sept. 28, 2010, 75 F.R. 60567.
Ex. Ord. No. 13574, May 23, 2011, 76 F.R. 30505, revoked by Ex. Ord. No. 13716, § 1(a), Jan. 16, 2016, 81 F.R. 3693.
Ex. Ord. No. 13590, Nov. 20, 2011, 76 F.R. 72609, revoked by Ex. Ord. No. 13716, § 1(b), Jan. 16, 2016, 81 F.R. 3694.
Ex. Ord. No. 13599, Feb. 5, 2012, 77 F.R. 6659.
Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571.
Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409.
Ex. Ord. No. 13622, July 30, 2012, 77 F.R. 45897, as amended by Ex. Ord. No. 13628, § 15, Oct. 9, 2012, 77 F.R. 62144; Ex. Ord. No. 13645, § 16, June 3, 2013, 78 F.R. 33952; revoked by Ex. Ord. No. 13716, § 1(c), Jan. 16, 2016, 81 F.R. 3694.
Ex. Ord. No. 13628, Oct. 9, 2012, 77 F.R. 62139, as amended by Ex. Ord. No. 13716, § 2, Jan. 16, 2016, 81 F.R. 3694, revoked by Ex. Ord. No. 13846, § 9(a), Aug. 6, 2018, 83 F.R. 38945.
Ex. Ord. No. 13645, June 3, 2013, 78 F.R. 33945, revoked by Ex. Ord. No. 13716, § 1(d), Jan. 16, 2016, 81 F.R. 3694.
Ex. Ord. No. 13846, Aug. 6, 2018, 83 F.R. 38939.
Ex. Ord. No. 13871, May 8, 2019, 84 F.R. 20761.
Ex. Ord. No. 13876, June 24, 2019, 84 F.R. 30573.
Ex. Ord. No. 13902, Jan. 10, 2020, 85 F.R. 2003.
Ex. Ord. No. 13949, Sept. 21, 2020, 85 F.R. 60043.
Ex. Ord. No. 14382, Feb. 6, 2026, 91 F.R. 6493.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, revoked by Ex. Ord. No. 12724, § 6, Aug. 9, 1990, 55 F.R. 33090, to the extent inconsistent with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Continuations of national emergency declared by Ex. Ord. No. 12722 were contained in the following:
Notice of President of the United States, dated July 31, 2003, 68 F.R. 45739.
Notice of President of the United States, dated July 30, 2002, 67 F.R. 50341.
Notice of President of the United States, dated July 31, 2001, 66 F.R. 40105.
Notice of President of the United States, dated July 28, 2000, 65 F.R. 47241.
Notice of President of the United States, dated July 20, 1999, 64 F.R. 39897.
Notice of President of the United States, dated July 28, 1998, 63 F.R. 41175.
Notice of President of the United States, dated July 31, 1997, 62 F.R. 41803.
Notice of President of the United States, dated July 22, 1996, 61 F.R. 38561.
Notice of President of the United States, dated July 28, 1995, 60 F.R. 39099.
Notice of President of the United States, dated July 19, 1994, 59 F.R. 37151.
Notice of President of the United States, dated July 20, 1993, 58 F.R. 39111.
Notice of President of the United States, dated July 21, 1992, 57 F.R. 32875.
Notice of President of the United States, dated July 26, 1991, 56 F.R. 35995.
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by Ex. Ord. No. 13364, § 1, Nov. 29, 2004, 69 F.R. 70177.
Continuations of national emergency declared by Ex. Ord. No. 13303 were contained in the following:
Notice of President of the United States, dated May 9, 2025, 90 F.R. 20559.
Notice of President of the United States, dated May 20, 2024, 89 F.R. 44899.
Notice of President of the United States, dated May 16, 2023, 88 F.R. 31601.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 29021.
Notice of President of the United States, dated May 6, 2021, 86 F.R. 25797.
Notice of President of the United States, dated May 20, 2020, 85 F.R. 31033.
Notice of President of the United States, dated May 20, 2019, 84 F.R. 23437.
Notice of President of the United States, dated May 18, 2018, 83 F.R. 23573.
Notice of President of the United States, dated May 16, 2017, 82 F.R. 22877.
Notice of President of the United States, dated May 18, 2016, 81 F.R. 32219.
Notice of President of the United States, dated May 19, 2015, 80 F.R. 29527.
Notice of President of the United States, dated May 19, 2014, 79 F.R. 29069.
Notice of President of the United States, dated May 17, 2013, 78 F.R. 30195.
Notice of President of the United States, dated May 18, 2012, 77 F.R. 30183.
Notice of President of the United States, dated May 17, 2011, 76 F.R. 29141.
Notice of President of the United States, dated May 12, 2010, 75 F.R. 27399.
Notice of President of the United States, dated May 19, 2009, 74 F.R. 23935.
Notice of President of the United States, dated May 20, 2008, 73 F.R. 29683.
Notice of President of the United States, dated May 18, 2007, 72 F.R. 28581.
Notice of President of the United States, dated May 18, 2006, 71 F.R. 29237.
Notice of President of the United States, dated May 19, 2005, 70 F.R. 29435.
Notice of President of the United States, dated May 20, 2004, 69 F.R. 29409.
Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, as amended by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177.
Ex. Ord. No. 13438, July 17, 2007, 72 F.R. 39719.
Ex. Ord. No. 13668, May 27, 2014, 79 F.R. 31019.
Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 13441, Aug. 1, 2007, 72 F.R. 43499.
Continuations of national emergency declared by Ex. Ord. No. 13441 were contained in the following:
Notice of President of the United States, dated July 25, 2025, 90 F.R. 35825.
Notice of President of the United States, dated July 29, 2024, 89 F.R. 62651.
Notice of President of the United States, dated July 21, 2023, 88 F.R. 48025.
Notice of President of the United States, dated July 28, 2022, 87 F.R. 46881.
Notice of President of the United States, dated July 20, 2021, 86 F.R. 38901.
Notice of President of the United States, dated July 29, 2020, 85 F.R. 45965.
Notice of President of the United States, dated July 30, 2019, 84 F.R. 37561.
Notice of President of the United States, dated July 27, 2018, 83 F.R. 37415.
Notice of President of the United States, dated July 28, 2017, 82 F.R. 35621.
Notice of President of the United States, dated July 27, 2016, 81 F.R. 50281.
Notice of President of the United States, dated July 29, 2015, 80 F.R. 45839.
Notice of President of the United States, dated July 29, 2014, 79 F.R. 44259.
Notice of President of the United States, dated July 29, 2013, 78 F.R. 46489.
Notice of President of the United States, dated July 24, 2012, 77 F.R. 43707.
Notice of President of the United States, dated July 28, 2011, 76 F.R. 45653.
Notice of President of the United States, dated July 29, 2010, 75 F.R. 45045.
Notice of President of the United States, dated July 30, 2009, 74 F.R. 38321.
Notice of President of the United States, dated July 30, 2008, 73 F.R. 44895.
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, § 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885, revoked by Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679.
Continuations of national emergency declared by Ex. Ord. No. 13348 were contained in the following:
Notice of President of the United States, dated July 17, 2015, 80 F.R. 43297.
Notice of President of the United States, dated July 15, 2014, 79 F.R. 41875.
Notice of President of the United States, dated July 17, 2013, 78 F.R. 43751.
Notice of President of the United States, dated July 17, 2012, 77 F.R. 42415, 45469.
Notice of President of the United States, dated July 20, 2011, 76 F.R. 43801.
Notice of President of the United States, dated July 19, 2010, 75 F.R. 42281.
Notice of President of the United States, dated July 16, 2009, 74 F.R. 35763.
Notice of President of the United States, dated July 16, 2008, 73 F.R. 42255.
Notice of President of the United States, dated July 19, 2007, 72 F.R. 40059.
Notice of President of the United States, dated July 18, 2006, 71 F.R. 41093.
Notice of President of the United States, dated July 19, 2005, 70 F.R. 41935.
Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679.
Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Continuations of national emergency declared by Ex. Ord. No. 12543 were contained in the following:
Notice of President of the United States, dated Jan. 5, 2004, 69 F.R. 847.
Notice of President of the United States, dated Jan. 2, 2003, 68 F.R. 661.
Notice of President of the United States, dated Jan. 3, 2002, 67 F.R. 637.
Notice of President of the United States, dated Jan. 4, 2001, 66 F.R. 1251.
Notice of President of the United States, dated Dec. 29, 1999, 65 F.R. 1999.
Notice of President of the United States, dated Dec. 30, 1998, 64 F.R. 383.
Notice of President of the United States, dated Jan. 2, 1998, 63 F.R. 653.
Notice of President of the United States, dated Jan. 2, 1997, 62 F.R. 587.
Notice of President of the United States, dated Jan. 3, 1996, 61 F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994, 59 F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993, 58 F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992, 57 F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991, 56 F.R. 67465.
Notice of President of the United States, dated Jan. 2, 1991, 56 F.R. 477.
Notice of President of the United States, dated Jan. 4, 1990, 55 F.R. 589.
Notice of President of the United States, dated Dec. 28, 1988, 53 F.R. 52971.
Notice of President of the United States, dated Dec. 15, 1987, 52 F.R. 47891.
Notice of President of the United States, dated Dec. 23, 1986, 51 F.R. 46849.
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 13566, Feb. 25, 2011, 76 F.R. 11315.
Continuations of national emergency declared by Ex. Ord. No. 13566 were contained in the following:
Notice of President of the United States, dated Feb. 13, 2026, 91 F.R. 7801.
Notice of President of the United States, dated Feb. 20, 2025, 90 F.R. 10573.
Notice of President of the United States, dated Feb. 21, 2024, 89 F.R. 13969.
Notice of President of the United States, dated Feb. 17, 2023, 88 F.R. 10823.
Notice of President of the United States, dated Feb. 22, 2022, 87 F.R. 10681.
Notice of President of the United States, dated Feb. 11, 2021, 86 F.R. 9835.
Notice of President of the United States, dated Feb. 20, 2020, 85 F.R. 10553.
Notice of President of the United States, dated Feb. 19, 2019, 84 F.R. 5581.
Notice of President of the United States, dated Feb. 9, 2018, 83 F.R. 6105.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6189.
Notice of President of the United States, dated Feb. 22, 2016, 81 F.R. 9329.
Notice of President of the United States, dated Feb. 23, 2015, 80 F.R. 9983.
Notice of President of the United States, dated Feb. 20, 2014, 79 F.R. 10329.
Notice of President of the United States, dated Feb. 13, 2013, 78 F.R. 11549.
Notice of President of the United States, dated Feb. 23, 2012, 77 F.R. 11381.
Ex. Ord. No. 13726, Apr. 19, 2016, 81 F.R. 23559.
Ex. Ord. No. 13882, July 26, 2019, 84 F.R. 37055.
Continuations of national emergency declared by Ex. Ord. No. 13882 were contained in the following:
Notice of President of the United States, dated July 21, 2025, 90 F.R. 34757.
Notice of President of the United States, dated July 16, 2024, 89 F.R. 58615.
Notice of President of the United States, dated July 21, 2023, 88 F.R. 48027.
Notice of President of the United States, dated July 22, 2022, 87 F.R. 44263.
Notice of President of the United States, dated July 20, 2021, 86 F.R. 38903.
Notice of President of the United States, dated July 23, 2020, 85 F.R. 45055.
Ex. Ord. No. 14105, Aug. 9, 2023, 88 F.R. 54867.
Continuations of national emergency declared by Ex. Ord. No. 14105 were contained in the following:
Notice of President of the United States, dated Aug. 6, 2025, 90 F.R. 38601.
Notice of President of the United States, dated Aug. 6, 2024, 89 F.R. 65163.
Ex. Ord. No. 14194, Feb. 1, 2025, 90 F.R. 9117, as amended by Ex. Ord. No. 14198, § 3, Feb. 3, 2025, 90 F.R. 9185; Ex. Ord. No. 14227, § 1, Mar. 2, 2025, 90 F.R. 11371; Ex. Ord. No. 14232, Mar. 6, 2025, 90 F.R. 11787.
Continuation of national emergency declared by Ex. Ord. No. 14194 was contained in the following:
Notice of President of the United States, dated Jan. 12, 2026, 91 F.R. 1665.
Ex. Ord. No. 14198, Feb. 3, 2025, 90 F.R. 9185.
Ex. Ord. No. 14289, Apr. 29, 2025, 90 F.R. 18907, as amended by Proc. No. 10947, par. 5, June 3, 2025, 90 F.R. 24199.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
Continuations of national emergency declared by Ex. Ord. No. 12513 were contained in the following:
Notice of President of the United States, dated Apr. 21, 1989, 54 F.R. 17701.
Notice of President of the United States, dated Apr. 25, 1988, 53 F.R. 15011.
Notice of President of the United States, dated Apr. 21, 1987, 52 F.R. 13425.
Notice of President of the United States, dated Apr. 22, 1986, 51 F.R. 15461.
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
Ex. Ord. No. 13851, Nov. 27, 2018, 83 F.R. 61505, as amended by Ex. Ord. No. 14088, Oct. 24, 2022, 87 F.R. 64685.
Continuations of national emergency declared by Ex. Ord. No. 13851 were contained in the following:
Notice of President of the United States, dated Nov. 20, 2025, 90 F.R. 53193.
Notice of President of the United States, dated Nov. 22, 2024, 89 F.R. 93459.
Notice of President of the United States, dated Nov. 16, 2023, 88 F.R. 80549.
Notice of President of the United States, dated Nov. 10, 2022, 87 F.R. 68589.
Notice of President of the United States, dated Nov. 16, 2021, 86 F.R. 64793.
Notice of President of the United States, dated Nov. 24, 2020, 85 F.R. 75831.
Notice of President of the United States, dated Nov. 25, 2019, 84 F.R. 65255.
Ex. Ord. No. 13466, June 26, 2008, 73 F.R. 36787.
Continuations of national emergency declared by Ex. Ord. No. 13466 were contained in the following:
Notice of President of the United States, dated June 20, 2025, 90 F.R. 26915.
Notice of President of the United States, dated June 13, 2024, 89 F.R. 51199.
Notice of President of the United States, dated June 20, 2023, 88 F.R. 40681.
Notice of President of the United States, dated June 13, 2022, 87 F.R. 36049.
Notice of President of the United States, dated June 21, 2021, 86 F.R. 33075.
Notice of President of the United States, dated June 17, 2020, 85 F.R. 37329.
Notice of President of the United States, dated June 21, 2019, 84 F.R. 29793.
Notice of President of the United States, dated June 22, 2018, 83 F.R. 29661.
Notice of President of the United States, dated June 21, 2017, 82 F.R. 28743.
Notice of President of the United States, dated June 21, 2016, 81 F.R. 40775.
Notice of President of the United States, dated June 22, 2015, 80 F.R. 36461.
Notice of President of the United States, dated June 20, 2014, 79 F.R. 35909.
Notice of President of the United States, dated June 21, 2013, 78 F.R. 38193.
Notice of President of the United States, dated June 18, 2012, 77 F.R. 37263.
Notice of President of the United States, dated June 23, 2011, 76 F.R. 37237.
Notice of President of the United States, dated June 14, 2010, 75 F.R. 34317.
Notice of President of the United States, dated June 24, 2009, 74 F.R. 30457.
Ex. Ord. No. 13551, Aug. 30, 2010, 75 F.R. 53837.
Ex. Ord. No. 13570, Apr. 18, 2011, 76 F.R. 22291.
Ex. Ord. No. 13687, Jan. 2, 2015, 80 F.R. 819.
Ex. Ord. No. 13722, Mar. 15, 2016, 81 F.R. 14943.
Ex. Ord. No. 13810, Sept. 20, 2017, 82 F.R. 44705.
Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, revoked by Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
Continuation of national emergency declared by Ex. Ord. No. 12635 was contained in the following:
Notice of President of the United States, dated Apr. 6, 1989, 54 F.R. 14197.
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
Ex. Ord. No. 14195, Feb. 1, 2025, 90 F.R. 9121, as amended by Ex. Ord. No. 14200, Feb. 5, 2025, 90 F.R. 9277; Ex. Ord. No. 14228, § 2, Mar. 3, 2025, 90 F.R. 11463.
Continuation of national emergency declared by Ex. Ord. No. 14195 was contained in the following:
Notice of President of the United States, dated Jan. 12, 2026, 91 F.R. 1665.
Ex. Ord. No. 14256, Apr. 2, 2025, 90 F.R. 14899, as amended by Ex. Ord. No. 14324, § 4(b), July 30, 2025, 90 F.R. 37778.
Ex. Ord. No. 14259, Apr. 8, 2025, 90 F.R. 15509.
Ex. Ord. No. 14298, May 12, 2025, 90 F.R. 21831.
Ex. Ord. No. 14334, Aug. 11, 2025, 90 F.R. 39305.
Ex. Ord. No. 14357, Nov. 4, 2025, 90 F.R. 50725.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 13694, Apr. 1, 2015, 80 F.R. 18077, as amended by Ex. Ord. No. 13757, §§ 1–3, Dec. 28, 2016, 82 F.R. 1, 2; Ex. Ord. No. 13984, § 6, Jan. 19, 2021, 86 F.R. 6841; Ex. Ord. No. 14144, § 9, Jan. 16, 2025, 90 F.R. 6767; Ex. Ord. No. 14306, § 3, June 6, 2025, 90 F.R. 24725.
Continuations of national emergency declared by Ex. Ord. No. 13694 were contained in the following:
Notice of President of the United States, dated Mar. 24, 2026, 91 F.R. 15511.
Notice of President of the United States, dated Mar. 27, 2025, 90 F.R. 14327.
Notice of President of the United States, dated Mar. 26, 2024, 89 F.R. 21427.
Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18963.
Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16663.
Notice of President of the United States, dated Mar. 30, 2020, 85 F.R. 18103.
Notice of President of the United States, dated Mar. 26, 2019, 84 F.R. 11877.
Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13371.
Notice of President of the United States, dated Mar. 29, 2017, 82 F.R. 16099.
Notice of President of the United States, dated Mar. 29, 2016, 81 F.R. 18737.
Ex. Ord. No. 13818, Dec. 20, 2017, 82 F.R. 60839.
Continuations of national emergency declared by Ex. Ord. No. 13818 were contained in the following:
Notice of President of the United States, dated Dec. 10, 2025, 90 F.R. 57863.
Notice of President of the United States, dated Dec. 11, 2024, 89 F.R. 100717.
Notice of President of the United States, dated Dec. 18, 2023, 88 F.R. 87891.
Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76547.
Notice of President of the United States, dated Dec. 16, 2021, 86 F.R. 71791.
Notice of President of the United States, dated Dec. 16, 2020, 85 F.R. 82869.
Notice of President of the United States, dated Dec. 18, 2019, 84 F.R. 69981.
Notice of President of the United States, dated Dec. 18, 2018, 83 F.R. 65277.
Ex. Ord. No. 14059, Dec. 15, 2021, 86 F.R. 71549.
Continuations of national emergency declared by Ex. Ord. No. 14059 were contained in the following:
Notice of President of the United States, dated Dec. 10, 2025, 90 F.R. 57865.
Notice of President of the United States, dated Dec. 11, 2024, 89 F.R. 100719.
Notice of President of the United States, dated Dec. 13, 2023, 88 F.R. 86809.
Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76549.
Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279.
Continuations of national emergency declared by Ex. Ord. No. 13159 were contained in the following:
Notice of President of the United States, dated June 18, 2012, 77 F.R. 37261.
Notice of President of the United States, dated June 17, 2011, 76 F.R. 35955.
Notice of President of the United States, dated June 17, 2010, 75 F.R. 34921.
Notice of President of the United States, dated June 18, 2009, 74 F.R. 29391.
Notice of President of the United States, dated June 18, 2008, 73 F.R. 35335.
Notice of President of the United States, dated June 19, 2007, 72 F.R. 34159.
Notice of President of the United States, dated June 19, 2006, 71 F.R. 35489.
Notice of President of the United States, dated June 17, 2005, 70 F.R. 35507.
Notice of President of the United States, dated June 16, 2004, 69 F.R. 34047.
Notice of President of the United States, dated June 10, 2003, 68 F.R. 35149.
Notice of President of the United States, dated June 18, 2002, 67 F.R. 42181.
Notice of President of the United States, dated June 11, 2001, 66 F.R. 32207.
Ex. Ord. No. 13617, June 25, 2012, 77 F.R. 38459, revoked by Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331.
Continuations of national emergency declared by Ex. Ord. No. 13617 were contained in the following:
Notice of President of the United States, dated June 19, 2014, 79 F.R. 35679.
Notice of President of the United States, dated June 20, 2013, 78 F.R. 37925.
Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331.
Ex. Ord. No. 14024, Apr. 15, 2021, 86 F.R. 20249, as amended by Ex. Ord. No. 14114, §§ 1, 2, Dec. 22, 2023, 88 F.R. 89271, 89272.
Continuations of national emergency declared by Ex. Ord. No. 14024 were contained in the following:
Notice of President of the United States, dated Mar. 24, 2026, 91 F.R. 15515.
Notice of President of the United States, dated Apr. 10, 2025, 90 F.R. 15523.
Notice of President of the United States, dated Apr. 9, 2024, 89 F.R. 25495.
Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21457.
Notice of President of the United States, dated Apr. 13, 2022, 87 F.R. 22431.
Ex. Ord. No. 14066, Mar. 8, 2022, 87 F.R. 13625.
Ex. Ord. No. 14068, Mar. 11, 2022, 87 F.R. 14381, as amended by Ex. Ord. No. 14114, § 3, Dec. 22, 2023, 88 F.R. 89272.
Ex. Ord. No. 14071, Apr. 6, 2022, 87 F.R. 20999.
Ex. Ord. No. 14384, Feb. 6, 2026, 91 F.R. 6501.
Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by Ex. Ord. No. 13312, § 3(a)–(c), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Continuations of national emergency declared by Ex. Ord. No. 13194 were contained in the following:
Notice of President of the United States, dated Jan. 16, 2003, 68 F.R. 2677.
Notice of President of the United States, dated Jan. 15, 2002, 67 F.R. 2547.
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, § 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13536, Apr. 12, 2010, 75 F.R. 19869, as amended by Ex. Ord. No. 13620, § 1, July 20, 2012, 77 F.R. 43483.
Continuations of national emergency declared by Ex. Ord. No. 13536 were contained in the following:
Notice of President of the United States, dated Apr. 8, 2026, 91 F.R. 18765.
Notice of President of the United States, dated Apr. 8, 2025, 90 F.R. 15391.
Notice of President of the United States, dated Apr. 9, 2024, 89 F.R. 25493.
Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21455.
Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 19343.
Notice of President of the United States, dated Apr. 1, 2021, 86 F.R. 17673.
Notice of President of the United States, dated Apr. 3, 2020, 85 F.R. 19373.
Notice of President of the United States, dated Apr. 10, 2019, 84 F.R. 14843.
Notice of President of the United States, dated Apr. 4, 2018, 83 F.R. 14731.
Notice of President of the United States, dated Apr. 6, 2017, 82 F.R. 17095.
Notice of President of the United States, dated Apr. 4, 2016, 81 F.R. 20217.
Notice of President of the United States, dated Apr. 8, 2015, 80 F.R. 19193.
Notice of President of the United States, dated Apr. 7, 2014, 79 F.R. 19803.
Notice of President of the United States, dated Apr. 4, 2013, 78 F.R. 21013.
Notice of President of the United States, dated Apr. 7, 2011, 76 F.R. 19897.
Ex. Ord. No. 13620, July 20, 2012, 77 F.R. 43483.
Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, revoked by Ex. Ord. No. 12769, § 4, July 10, 1991, 56 F.R. 31855.
Continuation of national emergency declared by Ex. Ord. No. 12532 was contained in the following:
Notice of President of the United States, dated Sept. 4, 1986, 51 F.R. 31925.
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, revoked by Ex. Ord. No. 12769, § 4, July 10, 1991, 56 F.R. 31855.
Ex. Ord. No. 13664, Apr. 3, 2014, 79 F.R. 19283.
Continuations of national emergency declared by Ex. Ord. No. 13664 were contained in the following:
Notice of President of the United States, dated Mar. 24, 2026, 91 F.R. 15513.
Notice of President of the United States, dated Mar. 28, 2025, 90 F.R. 14329.
Notice of President of the United States, dated Mar. 26, 2024, 89 F.R. 21429.
Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18965.
Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16665.
Notice of President of the United States, dated Apr. 1, 2020, 85 F.R. 18855.
Notice of President of the United States, dated Apr. 1, 2019, 84 F.R. 12871.
Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13373.
Notice of President of the United States, dated Mar. 22, 2017, 82 F.R. 15107.
Notice of President of the United States, dated Mar. 30, 2016, 81 F.R. 19019.
Notice of President of the United States, dated Mar. 31, 2015, 80 F.R. 18081.
Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, as amended by Ex. Ord. No. 13761, § 1, Jan. 13, 2017, 82 F.R. 5331.
Continuations of national emergency declared by Ex. Ord. No. 13067 were contained in the following:
Notice of President of the United States, dated Oct. 16, 2025, 90 F.R. 48393.
Notice of President of the United States, dated Oct. 25, 2024, 89 F.R. 85849.
Notice of President of the United States, dated Oct. 31, 2023, 88 F.R. 75227.
Notice of President of the United States, dated Nov. 1, 2022, 87 F.R. 66225.
Notice of President of the United States, dated Oct. 28, 2021, 86 F.R. 60355.
Notice of President of the United States, dated Oct. 30, 2020, 85 F.R. 69463.
Notice of President of the United States, dated Oct. 31, 2019, 84 F.R. 59287.
Notice of President of the United States, dated Oct. 31, 2018, 83 F.R. 55239.
Notice of President of the United States, dated Oct. 31, 2017, 82 F.R. 50799.
Notice of President of the United States, dated Oct. 31, 2016, 81 F.R. 76491.
Notice of President of the United States, dated Oct. 28, 2015, 80 F.R. 67259.
Notice of President of the United States, dated Oct. 24, 2014, 79 F.R. 64295.
Notice of President of the United States, dated Oct. 30, 2013, 78 F.R. 65867.
Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66359.
Notice of President of the United States, dated Nov. 1, 2011, 76 F.R. 68055.
Notice of President of the United States, dated Nov. 1, 2010, 75 F.R. 67587.
Notice of President of the United States, dated Oct. 27, 2009, 74 F.R. 55745.
Notice of President of the United States, dated Oct. 30, 2008, 73 F.R. 65239.
Notice of President of the United States, dated Nov. 1, 2007, 72 F.R. 62407.
Notice of President of the United States, dated Nov. 1, 2006, 71 F.R. 64629.
Notice of President of the United States, dated Nov. 1, 2005, 70 F.R. 66745.
Notice of President of the United States, dated Nov. 1, 2004, 69 F.R. 63915.
Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62211.
Notice of President of the United States, dated Oct. 29, 2002, 67 F.R. 66525.
Notice of President of the United States, dated Oct. 31, 2001, 66 F.R. 55869.
Notice of President of the United States, dated Oct. 31, 2000, 65 F.R. 66163.
Notice of President of the United States, dated Oct. 29, 1999, 64 F.R. 59105.
Notice of President of the United States, dated Oct. 27, 1998, 63 F.R. 58617.
Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483.
Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61369, revoked by Ex. Ord. No. 13761, § 1, Jan. 13, 2017, 82 F.R. 5331.
Ex. Ord. No. 14098, May 4, 2023, 88 F.R. 29529.
Ex. Ord. No. 13338, May 11, 2004, 69 F.R. 26751, as amended by Ex. Ord. No. 13460, § 2, Feb. 13, 2008, 73 F.R. 8991, revoked by Ex. Ord. No. 14312, § 3(a), June 30, 2025, 90 F.R. 29395.
Continuations of national emergency declared by Ex. Ord. No. 13338 were contained in the following:
Notice of President of the United States, dated May 7, 2025, 90 F.R. 19619.
Notice of President of the United States, dated May 8, 2024, 89 F.R. 40355.
Notice of President of the United States, dated May 8, 2023, 88 F.R. 30211.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 28749.
Notice of President of the United States, dated May 6, 2021, 86 F.R. 25793.
Notice of President of the United States, dated May 7, 2020, 85 F.R. 27639.
Notice of President of the United States, dated May 8, 2019, 84 F.R. 20537.
Notice of President of the United States, dated May 9, 2018, 83 F.R. 21839.
Notice of President of the United States, dated May 9, 2017, 82 F.R. 21909.
Notice of President of the United States, dated May 3, 2016, 81 F.R. 27293.
Notice of President of the United States, dated May 6, 2015, 80 F.R. 26815.
Notice of President of the United States, dated May 7, 2014, 79 F.R. 26589.
Notice of President of the United States, dated May 7, 2013, 78 F.R. 27301.
Notice of President of the United States, dated May 9, 2012, 77 F.R. 27559.
Notice of President of the United States, dated Apr. 29, 2011, 76 F.R. 24791.
Notice of President of the United States, dated May 3, 2010, 75 F.R. 24779.
Notice of President of the United States, dated May 7, 2009, 74 F.R. 21765.
Notice of President of the United States, dated May 7, 2008, 73 F.R. 26939.
Notice of President of the United States, dated May 8, 2007, 72 F.R. 26707.
Notice of President of the United States, dated May 8, 2006, 71 F.R. 27381.
Notice of President of the United States, dated May 5, 2005, 70 F.R. 24697.
Ex. Ord. No. 13399, Apr. 25, 2006, 71 F.R. 25059, revoked by Ex. Ord. No. 14312, § 3(a), June 30, 2025, 90 F.R. 29395.
Ex. Ord. No. 13460, Feb. 13, 2008, 73 F.R. 8991, revoked by Ex. Ord. No. 14312, § 3(a), June 30, 2025, 90 F.R. 29395.
Ex. Ord. No. 13572, Apr. 29, 2011, 76 F.R. 24787, revoked by Ex. Ord. No. 14312, § 3(a), June 30, 2025, 90 F.R. 29395.
Ex. Ord. No. 13573, May 18, 2011, 76 F.R. 29143, revoked by Ex. Ord. No. 14312, § 3(a), June 30, 2025, 90 F.R. 29395.
Ex. Ord. No. 13582, Aug. 17, 2011, 76 F.R. 52209, revoked by Ex. Ord. No. 14312, § 3(a), June 30, 2025, 90 F.R. 29395.
Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571, as amended by Ex. Ord. No. 14312, § 4(b), June 30, 2025, 90 F.R. 29397.
Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409.
Ex. Ord. No. 13894, Oct. 13, 2019, 84 F.R. 55851, as amended by Ex. Ord. No. 14142, § 1, Jan. 15, 2025, 90 F.R. 6709; Ex. Ord. No. 14312, § 4(a), June 30, 2025, 90 F.R. 29396.
Continuations of national emergency declared by Ex. Ord. No. 13894 were contained in the following:
Notice of President of the United States, dated Sept. 30, 2025, 90 F.R. 47967.
Notice of President of the United States, dated Oct. 10, 2024, 89 F.R. 82929.
Notice of President of the United States, dated Oct. 12, 2023, 88 F.R. 71271.
Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62281.
Notice of President of the United States, dated Oct. 6, 2021, 86 F.R. 56829.
Notice of President of the United States, dated Oct. 8, 2020, 85 F.R. 64941.
Proc. No. 10947, June 3, 2025, 90 F.R. 24199.
Ex. Ord. No. 14257, Apr. 2, 2025, 90 F.R. 15041.
Continuation of national emergency declared by Ex. Ord. No. 14257 was contained in the following:
Notice of President of the United States, dated Mar. 24, 2026, 91 F.R. 15517.
Ex. Ord. No. 14266, Apr. 9, 2025, 90 F.R. 15625, as amended by Ex. Ord. No. 14316, July 7, 2025, 90 F.R. 30823.
Ex. Ord. No. 14309, June 16, 2025, 90 F.R. 26419.
Ex. Ord. No. 14324, July 30, 2025, 90 F.R. 37775, as amended by Ex. Ord. No. 14388, Feb. 20, 2026, 91 F.R. 17839.
Ex. Ord. No. 14326, July 31, 2025, 90 F.R. 37963.
Ex. Ord. No. 14345, Sept. 4, 2025, 90 F.R. 43535.
Ex. Ord. No. 14346, Sept. 5, 2025, 90 F.R. 43737.
Ex. Ord. No. 14358, Nov. 4, 2025, 90 F.R. 50729.
Ex. Ord. No. 14360, Nov. 14, 2025, 90 F.R. 54091.
Ex. Ord. No. 14389, Feb. 20, 2026, 91 F.R. 9437.
Ex. Ord. No. 13581, July 24, 2011, 76 F.R. 44757, as amended by Ex. Ord. No. 13863, Mar. 15, 2019, 84 F.R. 10255.
Continuations of national emergency declared by Ex. Ord. No. 13581 were contained in the following:
Notice of President of the United States, dated July 21, 2025, 90 F.R. 34759.
Notice of President of the United States, dated July 16, 2024, 89 F.R. 58617.
Notice of President of the United States, dated July 19, 2023, 88 F.R. 46951.
Notice of President of the United States, dated July 21, 2022, 87 F.R. 43983.
Notice of President of the United States, dated July 7, 2021, 86 F.R. 36481.
Notice of President of the United States, dated July 22, 2020, 85 F.R. 44683.
Notice of President of the United States, dated July 22, 2019, 84 F.R. 35513.
Notice of President of the United States, dated July 20, 2018, 83 F.R. 34931.
Notice of President of the United States, dated July 20, 2017, 82 F.R. 34249.
Notice of President of the United States, dated July 19, 2017, 82 F.R. 33773, withdrawn by Notice of President of the United States, dated July 20, 2017, 82 F.R. 34249.
Notice of President of the United States, dated July 20, 2016, 81 F.R. 48313.
Notice of President of the United States, dated July 21, 2015, 80 F.R. 43907.
Notice of President of the United States, dated July 18, 2014, 79 F.R. 42645.
Notice of President of the United States, dated July 19, 2013, 78 F.R. 44417.
Notice of President of the United States, dated July 18, 2012, 77 F.R. 42619.
Ex. Ord. No. 13660, Mar. 6, 2014, 79 F.R. 13493.
Continuations of national emergency declared by Ex. Ord. No. 13660 were contained in the following:
Notice of President of the United States, dated Feb. 18, 2026, 91 F.R. 8355.
Notice of President of the United States, dated Feb. 27, 2025, 90 F.R. 11009.
Notice of President of the United States, dated Mar. 4, 2024, 89 F.R. 15947.
Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13285.
Notice of President of the United States, dated Mar. 2, 2022, 87 F.R. 12387.
Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12793.
Notice of President of the United States, dated Feb. 25, 2020, 85 F.R. 11827.
Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7975.
Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9413.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6191.
Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11655.
Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12067.
Ex. Ord. No. 13661, Mar. 16, 2014, 79 F.R. 15535.
Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169.
Ex. Ord. No. 13685, Dec. 19, 2014, 79 F.R. 77357.
Ex. Ord. No. 14065, Feb. 21, 2022, 87 F.R. 10293.
Ex. Ord. No. 13692, Mar. 8, 2015, 80 F.R. 12747, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Continuations of national emergency declared by Ex. Ord. No. 13692 were contained in the following:
Notice of President of the United States, dated Feb. 18, 2026, 91 F.R. 8357.
Notice of President of the United States, dated Feb. 27, 2025, 90 F.R. 11011.
Notice of President of the United States, dated Mar. 5, 2024, 89 F.R. 16443.
Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13287.
Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12557.
Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12795.
Notice of President of the United States, dated Mar. 5, 2020, 85 F.R. 13473.
Notice of President of the United States, dated Mar. 5, 2019, 84 F.R. 8245.
Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9415.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6193.
Notice of President of the United States, dated Mar. 3, 2016, 81 F.R. 11999.
Ex. Ord. No. 13808, Aug. 24, 2017, 82 F.R. 41155, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13827, Mar. 19, 2018, 83 F.R. 12469, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13835, May 21, 2018, 83 F.R. 24001, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13850, Nov. 1, 2018, 83 F.R. 55243, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13884, Aug. 5, 2019, 84 F.R. 38843.
Ex. Ord. No. 14373, Jan. 9, 2026, 91 F.R. 2045.
Ex. Ord. No. 14115, Feb. 1, 2024, 89 F.R. 7605, revoked by Ex. Ord. No. 14148, § 2(hhh), Jan. 20, 2025, 90 F.R. 8240.
Continuation of national emergency declared by Ex. Ord. No. 14115 was contained in the following:
Notice of President of the United States, dated Jan. 14, 2025, 90 F.R. 5467.
Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No. 12808 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205.
Notice of President of the United States, dated May 28, 1998, 63 F.R. 29527.
Notice of President of the United States, dated May 28, 1997, 62 F.R. 29283.
Notice of President of the United States, dated May 24, 1996, 61 F.R. 26773.
Determination of President, No. 96–7, Dec. 27, 1995, 61 F.R. 2887.
Notice of President of the United States, dated May 10, 1995, 60 F.R. 25599.
Notice of President of the United States, dated May 25, 1994, 59 F.R. 27429.
Notice of President of the United States, dated May 25, 1993, 58 F.R. 30693.
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by Ex. Ord. No. 12831, § 4, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999; Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19, 2001, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No. 13088 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205.
Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No. 13219 were contained in the following:
Notice of President of the United States, dated June 20, 2025, 90 F.R. 26917.
Notice of President of the United States, dated June 13, 2024, 89 F.R. 51201.
Notice of President of the United States, dated June 20, 2023, 88 F.R. 40683.
Notice of President of the United States, dated June 13, 2022, 87 F.R. 36051.
Notice of President of the United States, dated June 8, 2021, 86 F.R. 31083.
Notice of President of the United States, dated June 24, 2020, 85 F.R. 38271.
Notice of President of the United States, dated June 18, 2019, 84 F.R. 28715.
Notice of President of the United States, dated June 22, 2018, 83 F.R. 29663.
Notice of President of the United States, dated June 21, 2017, 82 F.R. 28745.
Notice of President of the United States, dated June 21, 2016, 81 F.R. 40777.
Notice of President of the United States, dated June 22, 2015, 80 F.R. 36463.
Notice of President of the United States, dated June 23, 2014, 79 F.R. 36181.
Notice of President of the United States, dated June 17, 2013, 78 F.R. 37099.
Notice of President of the United States, dated June 22, 2012, 77 F.R. 37995.
Notice of President of the United States, dated June 23, 2011, 76 F.R. 37239.
Notice of President of the United States, dated June 8, 2010, 75 F.R. 32843.
Notice of President of the United States, dated June 22, 2009, 74 F.R. 30209.
Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255.
Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981.
Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183.
Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803.
Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005.
Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389.
Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703.
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079, as amended by Ex. Ord. No. 14140, § 1, Jan. 8, 2025, 90 F.R. 2589.
Ex. Ord. No. 13611, May 16, 2012, 77 F.R. 29533.
Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following:
Notice of President of the United States, dated May 7, 2025, 90 F.R. 20081.
Notice of President of the United States, dated May 14, 2024, 89 F.R. 42765.
Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023.
Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341.
Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643.
Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047.
Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585.
Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905.
Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155.
Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851.
Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477.
Notice of President of the United States, dated May 13, 2013, 78 F.R. 28465.
Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945.
Continuations of national emergency declared by Ex. Ord. No. 13288 were contained in the following:
Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13289.
Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12553.
Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12797.
Notice of President of the United States, dated Mar. 4, 2020, 85 F.R. 12981.
Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7977.
Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9417.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6195.
Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11657.
Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12069.
Notice of President of the United States, dated Feb. 28, 2014, 79 F.R. 12031.
Notice of President of the United States, dated Mar. 1, 2013, 78 F.R. 14427.
Notice of President of the United States, dated Mar. 2, 2012, 77 F.R. 13179.
Notice of President of the United States, dated Mar. 2, 2011, 76 F.R. 12267.
Notice of President of the United States, dated Feb. 26, 2010, 75 F.R. 10157.
Notice of President of the United States, dated Mar. 3, 2009, 74 F.R. 9751.
Notice of President of the United States, dated Mar. 4, 2008, 73 F.R. 12005.
Notice of President of the United States, dated Feb. 28, 2007, 72 F.R. 9645.
Notice of President of the United States, dated Feb. 27, 2006, 71 F.R. 10603.
Notice of President of the United States, dated Mar. 2, 2005, 70 F.R. 10859.
Notice of President of the United States, dated Mar. 2, 2004, 69 F.R. 10313.
Ex. Ord. No. 13469, July 25, 2008, 73 F.R. 43841, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945.
At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise—
investigate, regulate, or prohibit—
by any person, or with respect to any property, subject to the jurisdiction of the United States;
any transactions in foreign exchange,
transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof,
the importing or exporting of currency or securities,
investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.1
when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.
In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person.
Compliance with any regulation, instruction, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter.
The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly—
any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;
donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title, (B) are in response to coercion against the proposed recipient or donor, or (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or 2
the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 3 of this title, or under section 4605 3 of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or
any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.
In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.
Pub. L. 103–236, title V, § 525(c)(2), (3), Apr. 30, 1994, 108 Stat. 475, provided that:
“(2) The amendments made by paragraph (1) to section 203(b)(3) of the International Emergency Economic Powers Act [ 50 U.S.C. 1702(b)(3) ] apply to actions taken by the President under section 203 of such Act before the date of enactment of this Act [ Apr. 30, 1994 ] which are in effect on such date and to actions taken under such section on or after such date. “(3) Section 203(b)(4) of the International Emergency Economic Powers Act (as added by paragraph (1)) shall not apply to restrictions on the transactions and activities described in section 203(b)(4) in force on the date of enactment of this Act, with respect to countries embargoed under the International Emergency Economic Powers Act [ 50 U.S.C. 1701 et seq.] on the date of enactment of this Act.”
Pub. L. 100–418, title II, § 2502(b)(2), Aug. 23, 1988, 102 Stat. 1372, provided that:
“The amendments made by paragraph (1) [amending this section] apply to actions taken by the President under section 203 of the International Emergency Economic Powers Act [this section] before the date of the enactment of this Act [ Aug. 23, 1988 ] which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment.”
The President, in every possible instance, shall consult with the Congress before exercising any of the authorities granted by this chapter and shall consult regularly with the Congress so long as such authorities are exercised.
Whenever the President exercises any of the authorities granted by this chapter, he shall immediately transmit to the Congress a report specifying—
the circumstances which necessitate such exercise of authority;
why the President believes those circumstances constitute an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States;
the authorities to be exercised and the actions to be taken in the exercise of those authorities to deal with those circumstances;
why the President believes such actions are necessary to deal with those circumstances; and
any foreign countries with respect to which such actions are to be taken and why such actions are to be taken with respect to those countries.
At least once during each succeeding six-month period after transmitting a report pursuant to subsection (b) with respect to an exercise of authorities under this chapter, the President shall report to the Congress with respect to the actions taken, since the last such report, in the exercise of such authorities, and with respect to any changes which have occurred concerning any information previously furnished pursuant to paragraphs (1) through (5) of subsection (b).
The requirements of this section are supplemental to those contained in title IV of the National Emergencies Act [ 50 U.S.C. 1641 ].
The President may issue such regulations, including regulations prescribing definitions, as may be necessary for the exercise of the authorities granted by this chapter.
It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.
A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of—
$250,000; or
an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.
An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.
For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.
No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.
Pub. L. 110–96, § 2(b), Oct. 16, 2007, 121 Stat. 1011, provided that:
“(1) Civil penalties .— Section 206(b) of the International Emergency Economic Powers Act [ 50 U.S.C. 1705(b) ], as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is pending or commenced on or after the date of the enactment of this Act [ Oct. 16, 2007 ]. “(2) Criminal penalties .— Section 206(c) of the International Emergency Economic Powers Act, as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is commenced on or after the date of the enactment of this Act.”
Except as provided in subsection (b), notwithstanding the termination pursuant to the National Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emergency to prohibit transactions involving property in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.
Notwithstanding the termination of the authorities described in section 101(b) of this Act, any such authorities, which are exercised with respect to a country on the date of such termination to prohibit transactions involving any property in which such country or any national thereof has any interest, may continue to be exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.
The authorities described in subsection (a)(1) may not continue to be exercised under this section if the national emergency is terminated by the Congress by concurrent resolution pursuant to section 202 of the National Emergencies Act [ 50 U.S.C. 1622 ] and if the Congress specifies in such concurrent resolution that such authorities may not continue to be exercised under this section.
The provisions of this section are supplemental to the savings provisions of paragraphs (1), (2), and (3) of section 101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of paragraphs (A), (B), and (C) of section 202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of the National Emergencies Act.
The provisions of this section supersede the termination provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II [50 U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that the provisions of this section are inconsistent with these provisions.
If the President uses the authority of this section to continue prohibitions on transactions involving foreign property interests, he shall report to the Congress every six months on the use of such authority.
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (d) of this section is listed as the 11th item on page 27), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
It is the policy of the United States, that upon the use of the Armed Forces of the United States to engage in hostilities against any foreign country, the President shall, as appropriate—
seek the establishment of a multinational economic embargo against such country; and
seek the seizure of its foreign financial assets.
Not later than 20 days after the first day of the engagement of the United States in hostilities described in subsection (a), the President shall, if the armed conflict has continued for 14 days, submit to Congress a report setting forth—
the specific steps the United States has taken and will continue to take to establish a multinational economic embargo and to initiate financial asset seizure pursuant to subsection (a); and
any foreign sources of trade or revenue that directly or indirectly support the ability of the adversarial government to sustain a military conflict against the United States.
Not later than 180 days after December 19, 2014, and annually thereafter through 2020, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that—
identifies—
foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons;
foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (to be known as “priority foreign countries”);
categories of technologies or proprietary information developed by United States persons that—
are targeted for economic or industrial espionage in cyberspace; and
to the extent practicable, have been appropriated through such espionage;
articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and
to the extent practicable, services provided using such technologies or proprietary information;
describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and
describes—
actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and
the progress made in decreasing the prevalence of such espionage.
For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country—
engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or
facilitates, supports, fails to prosecute, or otherwise permits such espionage by—
individuals who are citizens or residents of the foreign country; or
entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country.
Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person described in paragraph (2), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons.
The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods.
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, this subsection or a regulation prescribed under this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [ 50 U.S.C. 1705(a) ].
Nothing in this section shall be construed to affect the application of any penalty or the exercise of any authority provided for under any other provision of law.
In this section:
The term “appropriate congressional committees” means—
the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives.
The term “cyberspace”—
means the interdependent network of information technology infrastructures; and
includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers.
The term “economic or industrial espionage” means—
stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information;
copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or
knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information.
The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
The term “own”, with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information.
The term “person” means an individual or entity.
The term “proprietary information” means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if—
the person has taken reasonable measures to keep the information confidential; and
the information is not generally known or readily ascertainable through proper means by the public.
The term “technology” has the meaning given that term in section 16 1 1 See References in Text note below. of the Export Administration Act of 1979 ( 50 U.S.C. 4618 ) (as in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)).
The term “trade secret” has the meaning given that term in section 1839 of title 18 .
The term “United States person” means—
an individual who is a citizen or resident of the United States;
an entity organized under the laws of the United States or any jurisdiction within the United States; or
a person located in the United States.
Not later than 180 days after January 5, 2023, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees a report—
identifying any foreign person the President determines, during the period specified in paragraph (2)—
has knowingly engaged in, or benefitted from, significant theft of trade secrets of United States persons, if the theft of such trade secrets occurred on or after January 5, 2023, and is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States;
has provided significant financial, material, or technological support for, or goods or services in support of or to benefit significantly from, such theft;
is an entity that is owned or controlled by, or that has acted or purported to act for or on behalf of, directly or indirectly, any foreign person identified under clause (i) or (ii); or
is a chief executive officer or member of the board of directors of any foreign entity identified under clause (i) or (ii);
describing the nature, objective, and outcome of the theft of trade secrets each foreign person described in subparagraph (A)(i) engaged in or benefitted from; and
assessing whether any chief executive officer or member of the board of directors described in clause (iv) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i) or (ii) of that subparagraph.
The period specified in this paragraph is—
in the case of the first report required by paragraph (1), the period beginning on Janaury 5, 2023, and ending on the date on which the report is required to be submitted; and
in the case of each subsequent report required by paragraph (1), the one-year period preceding the date on which the report is required to be submitted.
Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
In the case of a foreign entity identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the President shall impose 5 or more of the following:
The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the entity if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States.
The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the entity.
The President may prohibit any United States financial institution from making loans or providing credits to the entity totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities.
The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the entity.
The following prohibitions may be imposed against the entity if the entity is a financial institution:
The imposition of either sanction under clause (i) or (ii) shall be treated as one sanction for purposes of this paragraph, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of this paragraph.
Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments.
The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the entity.
The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the entity has any interest.
The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the entity.
The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the entity.
The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the entity.
The President may impose on the principal executive officer or officers of the entity, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this paragraph.
In the case of an alien identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the following shall apply:
The President shall, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the alien if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
An alien described in subparagraph (A) of subsection (a)(1) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
An alien described in subparagraph (A) of subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
A revocation under subclause (I) shall—
take effect pursuant to section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)); and
cancel any other valid visa or entry documentation that is in the alien’s possession.
The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President—
determines that such a waiver is in the national interests of the United States; and
not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.
A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States.
Sanctions under this section shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963 , and entered into force March 19, 1967 , or other international obligations.
The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
In this paragraph, the term “good” means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
This section shall terminate on the date that is 7 years after January 5, 2023 .
In this section:
The terms “admission”, “admitted”, “alien”, and “lawfully admitted for permanent residence” have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ).
The term “appropriate congressional committees” means—
the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and
the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
The term “Export Administration Regulations” has the meaning given that term in section 4801 of this title .
The term “foreign entity” means an entity that is not a United States person.
The term “foreign person” means any person that is not a United States person.
The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
The term “person” means an individual or entity.
The term “trade secret” has the meaning given that term in section 1839 of title 18 .
The term “United States person” means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or
any person in the United States.
On and after the date that is 180 days after April 24, 2024, the President may impose the sanctions described in subsection (b) with respect to any foreign person that the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State determine, on or after April 24, 2024—
is responsible for or complicit in, or has engaged knowingly in, significant cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States;
materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in this subsection or any person whose property and interests in property are blocked pursuant to this section;
is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section; or
has attempted to engage in any of the activities described in paragraph (1), (2), or (3).
The sanctions described in this subsection are the following:
In the case of an alien—
ineligibility to receive a visa to enter the United States or to be admitted to the United States; or
if the individual has been issued a visa or other documentation, revocation, in accordance with section 1201(i) of title 8, of the visa or other documentation.
The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State shall—
determine if that person has engaged in such an activity; and
submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes—
a statement of whether or not the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State imposed or intends to impose sanctions with respect to the person;
if the President imposed or intends to impose sanctions, a description of those sanctions; and
if the President does not intend to impose sanctions, a description of actions that meet the threshold for the President to impose sanctions.
A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.
In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
CHAPTER 36— FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER I— ELECTRONIC SURVEILLANCE
As used in this subchapter:
“Foreign power” means—
a foreign government or any component thereof, whether or not recognized by the United States;
a faction of a foreign nation or nations, not substantially composed of United States persons;
an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
a group engaged in international terrorism or activities in preparation therefor;
a foreign-based political organization, not substantially composed of United States persons;
an entity that is directed and controlled by a foreign government or governments; or
an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
“Agent of a foreign power” means—
any person other than a United States person, who—
acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
Omitted
engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power, or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor, or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor; or
any person who—
knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;
pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;
knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;
knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or
knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).
“International terrorism” means activities that—
involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;
appear to be intended—
to intimidate or coerce a civilian population;
to influence the policy of a government by intimidation or coercion; or
to affect the conduct of a government by assassination or kidnapping; and
occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.
“Sabotage” means activities that involve a violation of chapter 105 of title 18, or that would involve such a violation if committed against the United States.
“Foreign intelligence information” means—
information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against—
actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power;
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
international production, distribution, or financing of illicit synthetic drugs, opioids, cocaine, or other drugs driving overdose deaths, or precursors of any aforementioned; or
information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to—
the national defense or the security of the United States; or
the conduct of the foreign affairs of the United States.
“Electronic surveillance” means—
the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;
the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18;
the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or
the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes.
“Attorney General” means the Attorney General of the United States (or Acting Attorney General), the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.
“Minimization procedures”, with respect to electronic surveillance, means—
specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance;
notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802(a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.
“United States person” means a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), or (3).
“United States”, when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands.
“Aggrieved person” means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveillance.
“Wire communication” means any communication while it is being carried by a wire, cable, or other like connection furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications.
“Person” means any individual, including any officer or employee of the Federal Government, or any group, entity, association, corporation, or foreign power.
“Contents”, when used with respect to a communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.
“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.
“Weapon of mass destruction” means—
any explosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident;
any weapon that is designed, intended, or has the capability to cause death or serious bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;
any weapon involving a biological agent, toxin, or vector (as such terms are defined in section 178 of title 18) that is designed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or
any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or serious bodily injury to a significant number of persons.
Pub. L. 110–261, title IV, § 402, July 10, 2008, 122 Stat. 2473, provided that:
“Except as provided in section 404 [set out as a note under this section], the amendments made by this Act [see Short Title of 2008 Amendment note below] shall take effect on the date of the enactment of this Act [ July 10, 2008 ].”
Pub. L. 108–458, title VI, § 6001(b), Dec. 17, 2004, 118 Stat. 3742, as amended by Pub. L. 109–177, title I, § 103, Mar. 9, 2006, 120 Stat. 195; Pub. L. 111–118, div. B, § 1004(b), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, § 1(b), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, § 2(b), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, § 2(b), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, § 705(b), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, § 1703(b), Nov. 21, 2019, 133 Stat. 1143, provided that:
“(1) In general .— Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall cease to have effect on March 15, 2020 . “(2) Exception .— With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions cease to have effect, such provisions shall continue in effect.”
[Pub. L. 114–23, § 705(b), which delayed the June 1, 2015, termination of the amendment made by section 6001(a) of Pub. L. 108–458 by substituting “December 15, 2019” for “June 1, 2015” in section 6001(b)(1) of Pub. L. 108–458, set out above, was given effect in this section to reflect the probable intent of Congress, notwithstanding that Pub. L. 114–23 was enacted on June 2, 2015.]
Pub. L. 107–108, title III, § 314(c), Dec. 28, 2001, 115 Stat. 1402, provided in part that the amendment made by section 314(c)(2) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted.
Pub. L. 95–511, title VII, § 701, formerly title III, § 301, Oct. 25, 1978, 92 Stat. 1798, as renumbered title IV, § 401, and amended by Pub. L. 103–359, title VIII, § 807(a)(1), (2), Oct. 14, 1994, 108 Stat. 3443; renumbered title VI, § 601, and amended Pub. L. 105–272, title VI, §§ 601(1), 603(a), Oct. 20, 1998, 112 Stat. 2404, 2412; renumbered title VII, § 701, Pub. L. 108–458, title VI, § 6002(a)(1), Dec. 17, 2004, 118 Stat. 3743, which provided that the provisions of this Act [enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note below] (other than titles III, IV, and V [enacting subchapters II, III, and IV, respectively, of this chapter]) and the amendments made hereby shall become effective upon the date of enactment of this Act [Oct. 25, 1978], except that any electronic surveillance approved by the Attorney General to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is terminated or an order approving that surveillance is obtained under title I of this Act [enacting this subchapter] within ninety days following the designation of the first judge pursuant to section 103 of this Act [section 1803 of this title], was repealed by Pub. L. 110–261, title I, § 101(a)(1), July 10, 2008, 122 Stat. 2437.
Pub. L. 118–49, § 1, Apr. 20, 2024, 138 Stat. 862, provided that:
“This Act [enacting sections 1810a and 1881h of this title, amending this section and sections 1803 to 1805, 1809, 1810, 1823, 1824, 1842, 1862, 1871 to 1873, 1881 to 1881h, and 1885 of this title and sections 402 and 1623 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under this section and sections 1803, 1804, 1873, and 1881a of this title, amending provisions set out as notes under this section and section 1881 of this title and section 2511 of Title 18 , and repealing provisions set out as a note under section 1881a of this title ] may be cited as the ‘Reforming Intelligence and Securing America Act’.”
Pub. L. 115–118, § 1(a), Jan. 19, 2018, 132 Stat. 3, provided that:
“This Act [amending sections 1803, 1805, 1807, 1822, 1842, 1843, 1846, 1861, 1873, 1874, 1881 to 1881g, 1885, 1885a, 3234, and 3341 of this title, section 1924 of Title 18 , Crimes and Criminal Procedure, and sections 2000ee and 2000ee–1 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1881 and 1881a of this title and section 2303 of Title 5 , Government Organization and Employees, and amending provisions set out as notes under this section and section 1881 of this title and section 2511 of Title 18 ] may be cited as the ‘FISA Amendments Reauthorization Act of 2017’.”
Pub. L. 114–23, § 1(a), June 2, 2015, 129 Stat. 268, provided that:
“This Act [see Tables for classification] may be cited as the ‘Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015’ or the ‘USA FREEDOM Act of 2015’.”
Pub. L. 112–238, § 1, Dec. 30, 2012, 126 Stat. 1631, provided that:
“This Act [amending sections 1881 to 1881g of this title and provisions set out as notes under this section, section 1881 of this title , and section 2511 of Title 18 , Crimes and Criminal Procedure] may be cited as the ‘FISA Amendments Act Reauthorization Act of 2012’.”
Pub. L. 112–14, § 1, May 26, 2011, 125 Stat. 216, provided that:
“This Act [amending sections 1805, 1861, and 1862 of this title and provisions set out as notes under this section and section 1805 of this title ] may be cited as the ‘PATRIOT Sunsets Extension Act of 2011’.”
Pub. L. 112–3, § 1, Feb. 25, 2011, 125 Stat. 5, provided that:
“This Act [amending sections 1805, 1861, and 1862 of this title and provisions set out as notes under this section and section 1805 of this title ] may be cited as the ‘FISA Sunsets Extension Act of 2011’.”
Pub. L. 110–261, § 1(a), July 10, 2008, 122 Stat. 2436, provided that:
“This Act [enacting section 1812 and subchapters VI and VII of this chapter, amending this section, sections 1803 to 1805, 1806, 1808, 1809, 1821 to 1825, 1843, and 1871 of this title, and section 2511 of Title 18 , Crimes and Criminal Procedure, repealing sections 1805a to 1805c of this title and subchapter VI of this chapter, enacting provisions set out as notes under this section, section 1881 of this title , and section 2511 of Title 18 , amending provisions set out as a note under section 1803 of this title , and repealing provisions set out as a note under this section] may be cited as the ‘Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008’ or the ‘FISA Amendments Act of 2008’.”
Pub. L. 106–567, title VI, § 601, Dec. 27, 2000, 114 Stat. 2850, provided that:
“This title [enacting section 9A of the Classified Information Procedures Act, set out in the Appendix to Title 18, Crimes and Criminal Procedure, amending sections 402a, 1804, 1805, 1808, 1823, and 1824 of this title, and enacting provisions set out as notes under this section and section 1806 of this title ] may be cited as the ‘Counterintelligence Reform Act of 2000’.”
Pub. L. 95–511, § 1, Oct. 25, 1978, 92 Stat. 1783, provided in part:
“That this Act [enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note above] may be cited as the ‘Foreign Intelligence Surveillance Act of 1978’.”
Pub. L. 118–49, § 18(d)(1), Apr. 20, 2024, 138 Stat. 891, provided that:
“If any provision of this Act [see Short Title of 2024 Amendment note set out above], any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby.”
Pub. L. 115–118, title II, § 206, Jan. 19, 2018, 132 Stat. 22, provided that:
“If any provision of this Act [see Short Title of 2018 Amendment note set out above], any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby.”
Pub. L. 110–261, title IV, § 401, July 10, 2008, 122 Stat. 2473, provided that:
“If any provision of this Act [see Short Title of 2008 Amendment note above], any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby.”
Pub. L. 106–567, title VI, § 608, Dec. 27, 2000, 114 Stat. 2856, provided that:
“If any provision of this title [see Short Title of 2000 Amendment note above] (including an amendment made by this title), or the application thereof, to any person or circumstance, is held invalid, the remainder of this title (including the amendments made by this title), and the application thereof, to other persons or circumstances shall not be affected thereby.”
Pub. L. 118–49, § 12(b), Apr. 20, 2024, 138 Stat. 880, provided that:
“(1) Measures required .— The Director of the Federal Bureau of Investigation shall ensure that, as soon as practicable following the date of enactment of this Act [ Apr. 20, 2024 ], there are in effect measures for holding the executive leadership of each covered component appropriately accountable for ensuring compliance with covered procedures by the personnel of the Federal Bureau of Investigation assigned to that covered component. Such measures shall include a requirement for an annual evaluation of the executive leadership of each such covered component with respect to ensuring such compliance during the preceding year. “(2) Briefings required.— “(A) Briefings .— Not later than December 31 of each calendar year, the Federal Bureau of Investigation shall provide to the appropriate congressional committees a briefing on the implementation of paragraph (1). “(B) Matters .— Each briefing under subparagraph (A) shall include, with respect to the period covered by the briefing, the following: “(i) A description of specific measures under paragraph (1) that the Federal Bureau of Investigation has implemented. “(ii) A description of specific measures under such subsection that the Federal Bureau of Investigation has proposed to be implemented or modified, and the timeline for such proposed implementation or modification. “(iii) A summary of compliance with covered procedures by the personnel of the Federal Bureau of Investigation, disaggregated by covered component, and a description of any adverse personnel actions taken against, or other actions taken to ensure the appropriate accountability of, the executive leadership of covered components that underperformed with respect to ensuring such compliance. “(3) Definitions .— In this subsection: “(A) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(i) the congressional intelligence committees, as such term is defined in subsection (b) of section 701 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 ) on the date of enactment of this Act; and “(ii) the Committees on the Judiciary of the House of Representatives and the Senate. “(B) Covered component .— The term ‘covered component’ means a field office, Headquarters division, or other element of the Federal Bureau of Investigation with personnel who, for any period during which section 702 [ 50 U.S.C. 1881a ] is in effect, have access to the unminimized contents of communications obtained through acquisitions authorized under section 702(a). “(C) Covered procedure .— The term ‘covered procedure’— “(i) means any procedure governing the use of authorities under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.); and “(ii) includes querying procedures and minimization procedures adopted pursuant to such Act. “(D) Executive leadership .— The term ‘executive leadership’ includes— “(i) with respect to a field office of the Federal Bureau of Investigation, an Assistant Director in Charge or Special Agent in Charge of the field office; and “(ii) with respect to a division of the Federal Bureau of Investigation Headquarters, an Assistant Director of the division.”
Pub. L. 110–261, title IV, § 404, July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(b), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title I, § 101(b)(3), title II, § 201(b), Jan. 19, 2018, 132 Stat. 8, 19; Pub. L. 118–31, div. G, title IX, § 7902(b), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(b), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(b), Apr. 18, 2026, 140 Stat. 770, provided that:
“(a) Transition Procedures for Protect America Act of 2007 Provisions.— “(1) Continued effect of orders, authorizations, directives .— Except as provided in paragraph (7), notwithstanding any other provision of law, any order, authorization, or directive issued or made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1805b ], as added by section 2 of the Protect America Act of 2007 ( Public Law 110–55 ; 121 Stat. 552 ), shall continue in effect until the expiration of such order, authorization, or directive. “(2) Applicability of protect america act of 2007 to continued orders, authorizations, directives .— Notwithstanding any other provision of this Act [see Short Title of 2008 Amendment note above], any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.)— “(A) subject to paragraph (3), section 105A of such Act [ 50 U.S.C. 1805a ], as added by section 2 of the Protect America Act of 2007 ( Public Law 110–55 ; 121 Stat. 552 ), shall continue to apply to any acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1); and “(B) sections 105B and 105C of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1805b , 1805c], as added by sections 2 and 3, respectively, of the Protect America Act of 2007, shall continue to apply with respect to an order, authorization, or directive referred to in paragraph (1) until the later of— “(i) the expiration of such order, authorization, or directive; or “(ii) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive. “(3) Use of information .— Information acquired from an acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1) shall be deemed to be information acquired from an electronic surveillance pursuant to title I of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) for purposes of section 106 of such Act ( 50 U.S.C. 1806 ), except for purposes of subsection (j) of such section. “(4) Protection from liability .— Subsection ( l ) of section 105B of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1805b ( l )], as added by section 2 of the Protect America Act of 2007, shall continue to apply with respect to any directives issued pursuant to such section 105B. “(5) Jurisdiction of foreign intelligence surveillance court .— Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.), section 103(e) of the Foreign Intelligence Surveillance Act [of 1978] ( 50 U.S.C. 1803(e) ), as amended by section 5(a) of the Protect America Act of 2007 ( Public Law 110–55 ; 121 Stat. 556 ), shall continue to apply with respect to a directive issued pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1805b ], as added by section 2 of the Protect America Act of 2007, until the later of— “(A) the expiration of all orders, authorizations, or directives referred to in paragraph (1); or “(B) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive. “(6) Reporting requirements.— “(A) Continued applicability .— Notwithstanding any other provision of this Act, any amendment made by this Act, the Protect America Act of 2007 ( Public Law 110–55 ) [see Short Title of 2007 Amendment note above], or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.), section 4 of the Protect America Act of 2007 [ 121 Stat. 555 ] shall continue to apply until the date that the certification described in subparagraph (B) is submitted. “(B) Certification .— The certification described in this subparagraph is a certification— “(i) made by the Attorney General; “(ii) submitted as part of a semi-annual report required by section 4 of the Protect America Act of 2007; “(iii) that states that there will be no further acquisitions carried out under section 105B of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1805b ], as added by section 2 of the Protect America Act of 2007, after the date of such certification; and “(iv) that states that the information required to be included under such section 4 relating to any acquisition conducted under such section 105B has been included in a semi-annual report required by such section 4. “(7) Replacement of orders, authorizations, and directives.— “(A) In general .— If the Attorney General and the Director of National Intelligence seek to replace an authorization issued pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1805b ], as added by section 2 of the Protect America Act of 2007 ( Public Law 110–55 ), with an authorization under section 702 of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1881a ] (as added by section 101(a) of this Act), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of such Act [ 50 U.S.C. 1881(b)(2) ] (as so added)) a certification prepared in accordance with subsection (g) [now subsection (h)] of such section 702 and the procedures adopted in accordance with subsections (d) and (e) of such section 702 at least 30 days before the expiration of such authorization. “(B) Continuation of existing orders .— If the Attorney General and the Director of National Intelligence seek to replace an authorization made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 ( Public Law 110–55 ; 121 Stat. 522 ), by filing a certification in accordance with subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a) of such section 105B, until the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (as so added)) issues an order with respect to that certification under section 702(j)(3) of such Act (as so added) at which time the provisions of that section and of section 702(j)(4) of such Act (as so added) shall apply. “(8) Effective date .— Paragraphs (1) through (7) shall take effect as if enacted on August 5, 2007 . “(b) Transition Procedures for FISA Amendments Act of 2008 Provisions.— “(1) Orders in effect on repeal date .— Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.), any order, authorization, or directive issued or made under title VII of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 et seq.) shall continue in effect until the date of the expiration of such order, authorization, or directive. “(2) Applicability of title vii of fisa to continued orders, authorizations, directives .— Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.), with respect to any order, authorization, or directive referred to in paragraph (1), title VII of such Act ( 50 U.S.C. 1881 et seq.) shall continue to apply until the later of— “(A) the expiration of such order, authorization, or directive; or “(B) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive. “(3) Challenge of directives; protection from liability; use of information .— Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.)— “(A) section 103(e) of such Act [ 50 U.S.C. 1803(e) ], as amended by section 403(a)(1)(B)(ii), shall continue to apply with respect to any directive issued pursuant to section 702(i) of such Act [ 50 U.S.C. 1881a(i) ], as added by section 101(a); “(B) section 702(i)(3) of such Act (as so added) shall continue to apply with respect to any directive issued pursuant to section 702(i) of such Act (as so added); “(C) section 703(e) of such Act [ 50 U.S.C. 1881b(e) ] (as so added) shall continue to apply with respect to an order or request for emergency assistance under that section; “(D) section 706 of such Act [ 50 U.S.C. 1881e ] (as so added) shall continue to apply to an acquisition conducted under section 702 or 703 of such Act (as so added); and “(E) section 2511(2)(a)(ii)(A) of title 18 , United States Code, as amended by section 101(c)(1), shall continue to apply to an order issued pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978, [ 50 U.S.C. 1881c ] as added by section 101(a). “(4) Reporting requirements.— “(A) Continued applicability .— Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.), section 601(a) of such Act ( 50 U.S.C. 1871(a) ), as amended by section 101(c)(2), and sections 702(m) and 707 of such Act, [ 50 U.S.C. 1881a(m) , 1881f] as added by section 101(a) and amended by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, shall continue to apply until the date that the certification described in subparagraph (B) is submitted. “(B) Certification .— The certification described in this subparagraph is a certification— “(i) made by the Attorney General; “(ii) submitted to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives; “(iii) that states that there will be no further acquisitions carried out under title VII of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1881 et seq.], as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, after the date of such certification; and “(iv) that states that the information required to be included in a review, assessment, or report under section 601 of such Act [ 50 U.S.C. 1871 ], as amended by section 101(c), or section 702(m) or 707 of such Act, as added by section 101(a) and amended by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, relating to any acquisition conducted under title VII of such Act, as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, has been included in a review, assessment, or report under such section 601, 702( l ) [now 702(m)], or 707. “(5) Transition procedures concerning the targeting of united states persons overseas .— Any authorization in effect on the date of enactment of this Act [ July 10, 2008 ] under section 2.5 of Executive Order 12333 [ 50 U.S.C. 3001 note] to intentionally target a United States person reasonably believed to be located outside the United States shall continue in effect, and shall constitute a sufficient basis for conducting such an acquisition targeting a United States person located outside the United States until the earlier of— “(A) the date that authorization expires; or “(B) the date that is 90 days after the date of the enactment of this Act [ July 10, 2008 ].”
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—
if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
the electronic surveillance is solely directed at—
the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801(a)(1), (2), or (3) of this title; or
the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title;
there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) of this title; and
An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General’s certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 1808(a) of this title.
The Attorney General shall immediately transmit under seal to the court established under section 1803(a) of this title a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless—
an application for a court order with respect to the surveillance is made under sections 1801(h)(4) and 1804 of this title; or
the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.
With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to—
The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.
furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and
maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain.
Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the court having jurisdiction under section 1803 of this title, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 1805 of this title, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b).
The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) 1 of this title or paragraph (4) or (5) of section 1881a(i) of this title, hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that—
en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or
the proceeding involves a question of exceptional importance.
Any authority granted by this chapter to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this chapter on the exercise of such authority.
For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection.
The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge, from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this chapter. If such court determines that the application was properly denied, the court shall provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.
Proceedings under this chapter shall be conducted as expeditiously as possible, and hearings shall be transcribed. The record of proceedings under this chapter, including applications made, transcriptions of hearings, and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Attorney General and the Director of National Intelligence. Transcriptions and any related records, including testimony and affidavits, shall be stored in a file associated with the relevant application or order.
Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) shall be designated for terms of from one to seven years so that one term expires each year, and that judges first designated under subsection (b) shall be designated for terms of three, five, and seven years.
Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of such court, shall comprise a petition review pool which shall have jurisdiction to review petitions filed pursuant to section 1861(f)(1) 1 or 1881a(i)(4) of this title.
Not later than 60 days after March 9, 2006, the court established under subsection (a) shall adopt and, consistent with the protection of national security, publish procedures for the review of petitions filed pursuant to section 1861(f)(1) 1 or 1881a(i)(4) of this title by the panel established under paragraph (1). Such procedures shall provide that review of a petition shall be conducted in camera and shall also provide for the designation of an acting presiding judge.
A judge of the court established under subsection (a), the court established under subsection (b) or a judge of that court, or the Supreme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court established under subsection (a) or the court established under subsection (b) entered under any subchapter of this chapter, while the court established under subsection (a) conducts a rehearing, while an appeal is pending to the court established under subsection (b), or while a petition of certiorari is pending in the Supreme Court of the United States, or during the pendency of any review by that court.
The authority described in paragraph (1) shall apply to an order entered under any provision of this chapter.
The courts established pursuant to subsections (a) and (b) may establish such rules and procedures, and take such actions, as are reasonably necessary to administer their responsibilities under this chapter.
The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following:
All of the judges on the court established pursuant to subsection (a).
All of the judges on the court of review established pursuant to subsection (b).
The Chief Justice of the United States.
The Committee on the Judiciary of the Senate.
The Select Committee on Intelligence of the Senate.
The Committee on the Judiciary of the House of Representatives.
The Permanent Select Committee on Intelligence of the House of Representatives.
The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.
Nothing in this chapter shall be construed to reduce or contravene the inherent authority of a court established under this section to determine or enforce compliance with an order or a rule of such court or with a procedure approved by such court.
The presiding judges of the courts established under subsections (a) and (b) shall, not later than 180 days after June 2, 2015 , jointly designate not fewer than 5 individuals to be eligible to serve as amicus curiae, who shall serve pursuant to rules the presiding judges may establish. In designating such individuals, the presiding judges may consider individuals recommended by any source, including members of the Privacy and Civil Liberties Oversight Board, the judges determine appropriate.
A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time—
shall appoint one or more individuals who have been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate;
may appoint one or more individuals or organizations to serve as amicus curiae, including to provide technical expertise, in any instance as such court deems appropriate or, upon motion, permit an individual or organization leave to file an amicus curiae brief; and
shall appoint one or more individuals who have been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of any certification or procedures submitted for review pursuant to section 1881a of this title, including any amendments to such certifications or procedures, if the court established under subsection (a) has not appointed an individual under clause (i) or (ii), unless the court issues a finding that such appointment is not appropriate or is likely to result in undue delay.
In appointing one or more individuals under subparagraph (A)(iii), the court shall, to the maximum extent practicable, appoint an individual who possesses expertise in both privacy and civil liberties and intelligence collection.
In the event that the court appoints one or more individuals or organizations pursuant to this paragraph to assist such court in a proceeding under section 1881a of this title , notwithstanding subsection (j)(1)(B) of such section, the court shall issue an order pursuant to subsection (j)(3) of such section as expeditiously as possible consistent with subsection (k)(1) of such section, but in no event later than 60 days after the date on which such certification, procedures, or amendments are submitted for the court’s review, or later than 60 days after the court has issued an order appointing one or more individuals pursuant to this paragraph, whichever is earlier, unless a judge of that court issues an order finding that extraordinary circumstances necessitate additional time for review and that such extension of time is consistent with the national security.
Individuals designated under paragraph (1) shall be persons who possess expertise in privacy and civil liberties, intelligence collection, communications technology, or any other area that may lend legal or technical expertise to a court established under subsection (a) or (b).
Individuals designated pursuant to paragraph (1) shall be persons who are determined to be eligible for access to classified information necessary to participate in matters before the courts. Amicus curiae appointed by the court pursuant to paragraph (2) shall be persons who are determined to be eligible for access to classified information, if such access is necessary to participate in the matters in which they may be appointed.
If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae shall—
be limited to addressing the specific issues identified by the court; and
provide to the court, as appropriate—
legal arguments that advance the protection of individual privacy and civil liberties of United States persons;
information related to intelligence collection or communications technology; or
legal arguments or information regarding any other area relevant to the issue presented to the court.
An amicus curiae appointed under paragraph (2)(A) may request that the court designate or appoint additional amici curiae pursuant to paragraph (1) or paragraph (2), to be available to assist the amicus curiae.
If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae—
shall have access to any legal precedent, application, certification, petition, motion, or such other materials that the court determines are relevant to the duties of the amicus curiae; and
may, if the court determines that it is relevant to the duties of the amicus curiae, consult with any other individuals designated pursuant to paragraph (1) regarding information relevant to any assigned proceeding.
The Attorney General may periodically brief or provide relevant materials to individuals designated pursuant to paragraph (1) regarding constructions and interpretations of this chapter and legal, technological, and other issues related to actions authorized by this chapter.
An amicus curiae designated or appointed by the court may have access to classified documents, information, and other materials or proceedings only if that individual is eligible for access to classified information and to the extent consistent with the national security of the United States.
Nothing in this section shall be construed to require the Government to provide information to an amicus curiae appointed by the court that is privileged from disclosure.
A presiding judge of a court established under subsection (a) or (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (2).
A court established under subsection (a) or (b) may request and receive (including on a nonreimbursable basis) the assistance of the executive branch in the implementation of this subsection.
A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual designated to serve as amicus curiae under paragraph (1) or appointed to serve as amicus curiae under paragraph (2) in a manner that is not inconsistent with this subsection.
Nothing in this subsection shall limit the ability of a court established under subsection (a) or (b) to request or receive information or materials from, or otherwise communicate with, the Government or amicus curiae appointed under paragraph (2) on an ex parte basis, nor limit any special or heightened obligation in any ex parte communication or proceeding.
Notwithstanding any other provision of law, a court established under subsection (a) or (b) may compensate an amicus curiae appointed under paragraph (2) for assistance provided under such paragraph as the court considers appropriate and at such rate as the court considers appropriate.
Following issuance of an order under this chapter, a court established under subsection (a) shall certify for review to the court established under subsection (b) any question of law that may affect resolution of the matter in controversy that the court determines warrants such review because of a need for uniformity or because consideration by the court established under subsection (b) would serve the interests of justice. Upon certification of a question of law under this subsection, the court established under subsection (b) may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
For purposes of section 1254(2) of title 28 , the court of review established under subsection (b) shall be considered to be a court of appeals.
Upon certification of an application under paragraph (1), the Supreme Court of the United States may appoint an amicus curiae designated under subsection (i)(1), or any other person, to provide briefing or other assistance.
To assist the court in the consideration of any application for an order pursuant to section 1804 of this title that targets a United States person, the presiding judge designated under subsection (a) shall designate one or more attorneys to review such applications, and provide a written analysis to the judge considering the application, of—
the sufficiency of the evidence used to make the probable cause determination under section 1805(a)(2) of this title;
any material weaknesses, flaws, or other concerns in the application; and
a recommendation as to the following, which the judge shall consider during a proceeding on the application in which such attorney is present, as appropriate—
that the application should be approved, denied, or modified;
that the Government should supply additional information in connection with such application; or
that any requirements or conditions should be imposed on the Government for the approval of such application.
An officer or employee of the United States Government who engages in intentional misconduct with respect to proceedings before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review shall be subject to appropriate adverse actions, including, at minimum, suspension without pay or removal, up to and including termination.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Pub. L. 110–55, § 6, Aug. 5, 2007, 121 Stat. 556, as amended by Pub. L. 110–182, § 1, Jan. 31, 2008, 122 Stat. 605; Pub. L. 110–261, title IV, § 403(a)(3), July 10, 2008, 122 Stat. 2474, provided that:
“(a) Effective Date .— Except as otherwise provided, the amendments made by this Act [enacting sections 1805a to 1805c of this title and amending this section] shall take effect immediately after the date of the enactment of this Act [ Aug. 5, 2007 ]. “[(b) Repealed. Pub. L. 110–261, title IV, § 403(a)(3) , July 10, 2008 , 122 Stat. 2474 .] “(c) Sunset .— Except as provided in subsection (d), sections 2, 3, 4, and 5 of this Act [enacting sections 1805a to 1805c of this title and amending this section], and the amendments made by this Act [enacting sections 1805a to 1805c of this title and amending this section], shall cease to have effect 195 days after the date of the enactment of this Act. “(d) Authorizations in Effect .— Authorizations for the acquisition of foreign intelligence information pursuant to the amendments made by this Act, and directives issued pursuant to such authorizations, shall remain in effect until their expiration. Such acquisitions shall be governed by the applicable provisions of such amendments and shall not be deemed to constitute electronic surveillance as that term is defined in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801(f) ).”
[Repeal by Pub. L. 110–261 of section 6(b) of Pub. L. 110–55, set out above, effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.]
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 118–49, § 5(d), Apr. 20, 2024, 138 Stat. 870, provided that:
“The chair and ranking minority member of each of the congressional intelligence committees, the chairs and ranking members of the Committees on the Judiciary of the House of Representatives and of the Senate, the Majority and Minority Leaders of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall be entitled to attend any proceeding of the Foreign Intelligence Surveillance Court or any proceeding of the Foreign Intelligence Surveillance Court of Review. Each person entitled to attend a proceeding pursuant to this paragraph may designate not more than 2 staff members of such committee or office to attend on their behalf, pursuant to such procedures as the Attorney General, in consultation with the Director of National Intelligence may establish.”
Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter. It shall include—
the identity of the Federal officer making the application;
the identity, if known, or a description of the specific target of the electronic surveillance;
a sworn statement of the facts and circumstances relied upon by the applicant to justify his belief that—
the target of the electronic surveillance is a foreign power or an agent of a foreign power, and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur; and
each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
a statement of the proposed minimization procedures;
a description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance;
a certification or certifications by the Assistant to the President for National Security Affairs, an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—
that the certifying official deems the information sought to be foreign intelligence information;
that a significant purpose of the surveillance is to obtain foreign intelligence information;
that such information cannot reasonably be obtained by normal investigative techniques;
that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title;
including a statement of the basis for the certification that—
the information sought is the type of foreign intelligence information designated; and
such information cannot reasonably be obtained by normal investigative techniques; and 1
that none of the information included in the statement described in paragraph (3) was solely produced by, derived from information produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of title 26), unless—
the political organization is clearly identified in the body of the statement described in paragraph (3);
the information has been corroborated; and
the investigative techniques used to corroborate the information are clearly identified in the body of the statement described in paragraph (3); and
that none of the information included in the statement described in paragraph (3) is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, and where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information;
a summary statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance;
a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application;
a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this subchapter should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and 1
with respect to a target who is a United States person, a statement summarizing the investigative techniques carried out before making the application;
in the case of an application for an extension of an order under this subchapter for a surveillance targeted against a United States person, a summary statement of the foreign intelligence information obtained pursuant to the original order (and any preceding extension thereof) as of the date of the application for the extension, or a reasonable explanation of the failure to obtain such information; and 1
a certification by the applicant or declarant that, to the best knowledge of the applicant or declarant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—
call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
otherwise raise doubts with respect to the findings required under section 1805(a) of this title.2
non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
The Attorney General may require any other affidavit or certification from any other officer in connection with the application.
The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 1805 of this title .
Upon written request of the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of State, the Director of National Intelligence, or the Director of the Central Intelligence Agency, the Attorney General shall personally review under subsection (a) an application under that subsection for a target described in section 1801(b)(2) of this title.
Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.
Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.
If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.
Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes of making the application under this section.
Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.
Pub. L. 118–49, § 6(a)(5), Apr. 20, 2024, 138 Stat. 870, provided that:
“The amendments made by this subsection [amending this section and sections 1823, 1881b, and 1881c of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Pub. L. 118–49, § 6(b)(3), Apr. 20, 2024, 138 Stat. 871, provided that:
“The amendments made by this subsection [amending this section and section 1823 of this title ] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Pub. L. 118–49, § 6(c)(3), Apr. 20, 2024, 138 Stat. 872, provided that:
“The amendments made by this subsection [amending this section and section 1823 of this title ] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Pub. L. 118–49, § 6(d)(2), Apr. 20, 2024, 138 Stat. 872, provided that:
“The amendments made by this subsection [amending this section] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Pub. L. 118–49, § 6(e)(3), Apr. 20, 2024, 138 Stat. 873, provided that:
“The amendments made by this subsection [amending this section and section 1823 of this title ] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Pub. L. 118–49, § 6(f)(3), Apr. 20, 2024, 138 Stat. 873, provided that:
“The amendments made by this subsection [amending this section and section 1823 of this title ] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Pub. L. 118–49, § 10(a)(6), Apr. 20, 2024, 138 Stat. 877, provided that:
“The amendments made by this subsection [amending this section and sections 1823, 1842, 1862, 1881b, and 1881c of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Pub. L. 118–49, § 10(b)(6), Apr. 20, 2024, 138 Stat. 878, provided that:
“The amendments made by this subsection [amending this section and sections 1823, 1842, 1862, 1881b, and 1881c of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [ Apr. 20, 2024 ].”
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 118–49, § 10(a)(7), Apr. 20, 2024, 138 Stat. 877, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Apr. 20, 2024 ], the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall issue procedures governing the review of case files, as appropriate, to ensure that applications to the Foreign Intelligence Surveillance Court under title I or III of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.[, 1821 et seq.]) that target United States persons are accurate and complete.”
For designation of certain officials to make certifications required by subsec. (a)(7) of this section, see Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of this title.
Upon an application made pursuant to section 1804 of this title, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that—
the application has been made by a Federal officer and approved by the Attorney General;
on the basis of the facts submitted by the applicant there is probable cause to believe that—
the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
the proposed minimization procedures meet the definition of minimization procedures under section 1801(h) of this title; and
the application which has been filed contains all statements and certifications required by section 1804 of this title and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1804(a)(7)(E) 1 of this title and any other information furnished under section 1804(d) 1 of this title.
In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
An order approving an electronic surveillance under this section shall specify—
the identity, if known, or a description of the specific target of the electronic surveillance identified or described in the application pursuant to section 1804(a)(3) of this title;
the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known;
the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance;
the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance; and
the period of time during which the electronic surveillance is approved.
direct— 2
that the minimization procedures be followed;
that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;
that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and
that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid.
An order approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is unknown shall direct the applicant to provide notice to the court within ten days after the date on which surveillance begins to be directed at any new facility or place, unless the court finds good cause to justify a longer period of up to 60 days, of—
the nature and location of each new facility or place at which the electronic surveillance is directed;
the facts and circumstances relied upon by the applicant to justify the applicant’s belief that each new facility or place at which the electronic surveillance is directed is or was being used, or is about to be used, by the target of the surveillance;
a statement of any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed; and
the total number of electronic surveillances that have been or are being conducted under the authority of the order.
An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that (A) an order under this section shall approve an electronic surveillance targeted against a foreign power for the period specified in the application or for one year, whichever is less, and (B) an order under this chapter for a surveillance targeted against an agent of a foreign power who is not a United States person may be for the period specified in the application or for one year, whichever is less.
At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.
3 An extension of an order issued under this subchapter for surveillance targeted against a United States person, to the extent practicable and absent exigent circumstances, shall be granted or denied by the same judge who issued the original order unless the term of such judge has expired or such judge is otherwise no longer serving on the court.
Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General—
reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;
reasonably determines that the factual basis for the issuance of an order under this subchapter to approve such electronic surveillance exists;
informs, either personally or through a designee, a judge having jurisdiction under section 1803 of this title at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and
makes an application in accordance with this subchapter to a judge having jurisdiction under section 1803 of this title as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.
If the Attorney General authorizes the emergency employment of electronic surveillance under paragraph (1), the Attorney General shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.
In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
The Attorney General shall assess compliance with the requirements of paragraph (5).
Notwithstanding any other provision of this chapter, the lawfully authorized targeting of a non-United States person previously believed to be located outside the United States for the acquisition of foreign intelligence information may continue for a period not to exceed 72 hours from the time that the non-United States person is reasonably believed to be located inside the United States and the acquisition is subject to this subchapter or to subchapter II of this chapter, provided that the head of an element of the intelligence community—
reasonably determines that a lapse in the targeting of such non-United States person poses a threat of death or serious bodily harm to any person;
promptly notifies the Attorney General of a determination under subparagraph (A); and
requests, as soon as practicable, the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title, as warranted.
The authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed 72 hours and shall cease upon the earlier of the following:
The employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title.
An issuance of a court order under this subchapter or subchapter II of this chapter.
The Attorney General provides direction that the acquisition be terminated.
The head of the element of the intelligence community conducting the acquisition determines that a request under paragraph (1)(C) is not warranted.
When the threat of death or serious bodily harm to any person is no longer reasonably believed to exist.
Nonpublicly available information concerning unconsenting United States persons acquired under this subsection shall not be disseminated during the 72 hour time period under paragraph (1) unless necessary to investigate, reduce, or eliminate the threat of death or serious bodily harm to any person.
If the Attorney General declines to authorize the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title, or a court order is not obtained under this subchapter or subchapter II of this chapter, information obtained during the 72 hour acquisition time period under paragraph (1) shall not be retained, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
Paragraphs (5) and (6) of subsection (e) shall apply to this subsection.
Notwithstanding any other provision of this subchapter, officers, employees, or agents of the United States are authorized in the normal course of their official duties to conduct electronic surveillance not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to—
test the capability of electronic equipment, if—
it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance;
the test is limited in extent and duration to that necessary to determine the capability of the equipment;
the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and:
Provided, That the test may exceed ninety days only with the prior approval of the Attorney General;
determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct electronic surveillance, if—
it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance;
such electronic surveillance is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and
any information acquired by such surveillance is used only to enforce chapter 119 of title 18, or section 605 of title 47, or to protect information from unauthorized surveillance; or
train intelligence personnel in the use of electronic surveillance equipment, if—
it is not reasonable to—
obtain the consent of the persons incidentally subjected to the surveillance;
train persons in the course of surveillances otherwise authorized by this subchapter; or
train persons in the use of such equipment without engaging in electronic surveillance;
such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and
no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed as soon as reasonably possible.
Certifications made by the Attorney General pursuant to section 1802(a) of this title and applications made and orders granted under this subchapter shall be retained for a period of at least ten years from the date of the certification or application.
No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance under this chapter for electronic surveillance or physical search.
In any case in which the Government makes an application to a judge under this subchapter to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in section 1842(d)(2) of this title .
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Pub. L. 109–177, title I, § 102(b), Mar. 9, 2006, 120 Stat. 195, as amended by Pub. L. 111–118, div. B, § 1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, § 1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, § 2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, § 2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, § 705(a), (c), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, § 1703(a), Nov. 21, 2019, 133 Stat. 1143, provided that:
“(1) In general .— Effective March 15, 2020 , the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1801 et seq.] is amended so that title V and section 105(c)(2) [ 50 U.S.C. 1861 to 1863, and 1805(c)(2)] read as they read on October 25, 2001 . “(2) Exception .— With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect.”
[Pub. L. 109–177, § 102(b)(1), set out above, as amended by Pub. L. 112–14, provided that sections 1861 and 1862 of this title and subsec. (c)(2) of this section were amended, effective June 1, 2015, to read as they read on Oct. 25, 2001. Pub. L. 114–23, § 705(a), amended section 102(b)(1) by substituting “December 15, 2019” for “June 1, 2015”, thereby delaying the reversion of those provisions until Dec. 15, 2019. Such amendment was given effect in those provisions by not executing the reversions on June 1, 2015, to reflect the probable intent of Congress, notwithstanding that Pub. L. 114–23 was enacted on June 2, 2015. See Amendment of Subsection (c)(2) note and 2015 Amendment note for subsec. (c)(2) above and Codification and 2015 Amendment notes under sections 1861 and 1862 of this title.]
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 107–273, div. B, title IV, § 4005(c), Nov. 2, 2002, 116 Stat. 1812, provided that the amendment made by section 4005(c) is effective Oct. 26, 2001.
Pub. L. 107–108, title III, § 314(c), Dec. 28, 2001, 115 Stat. 1402, provided in part that the amendment made by section 314(c)(1) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted.
Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of Title 47, Telecommunications.
[Repealed]
Repeal effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Information acquired from an electronic surveillance conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information.
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof, against an aggrieved person any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
Any person against whom evidence obtained or derived from an electronic surveillance to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such electronic surveillance on the grounds that—
Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.
the information was unlawfully acquired; or
the surveillance was not made in conformity with an order of authorization or approval.
Whenever a court or other authority is notified pursuant to subsection (c) or (d), or whenever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this chapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority, shall, notwithstanding any other law, if the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance.
If the United States district court pursuant to subsection (f) determines that the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
Orders granting motions or requests under subsection (g), decisions under this section that electronic surveillance was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to a surveillance shall be final orders and binding upon all courts of the United States and the several States except a United States court of appeals and the Supreme Court.
In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States, such contents shall be destroyed upon recognition, unless the Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person.
If an emergency employment of electronic surveillance is authorized under subsection (e) or (f) of section 1805 of this title and a subsequent order approving the surveillance is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to electronic surveillance as the judge may determine in his discretion it is in the interest of justice to serve, notice of—
On an ex parte showing of good cause to the judge the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.
the fact of the application;
the period of the surveillance; and
the fact that during the period information was or was not obtained.
Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this subchapter may consult with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to coordinate efforts to investigate or protect against—
actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.
Coordination authorized under paragraph (1) shall not preclude the certification required by section 1804(a)(7)(B) 1 of this title or the entry of an order under section 1805 of this title.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Pub. L. 106–567, title VI, § 604(b), Dec. 27, 2000, 114 Stat. 2853, provided that:
“(1) The Attorney General shall submit to the appropriate committees of Congress a report on the authorities and procedures utilized by the Department of Justice for determining whether or not to disclose information acquired under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) for law enforcement purposes. “(2) In this subsection, the term ‘appropriate committees of Congress’ means the following: “(A) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate. “(B) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.”
In April of each year, the Attorney General shall transmit to the Administrative Office of the United States Courts and to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding calendar year—
the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter;
the total number of such orders and extensions either granted, modified, or denied; and
the total number of subjects targeted by electronic surveillance conducted under an order or emergency authorization under this subchapter, rounded to the nearest 500, including the number of such individuals who are United States persons, reported to the nearest band of 500, starting with 0–499.
Each report under subsection (a) shall be submitted in unclassified form, to the extent consistent with national security. Not later than 7 days after the date on which the Attorney General submits each such report, the Attorney General shall make the report publicly available, or, if the Attorney General determines that the report cannot be made publicly available consistent with national security, the Attorney General may make publicly available an unclassified summary of the report or a redacted version of the report.
On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all electronic surveillance under this subchapter. Nothing in this subchapter shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties.
Each report under the first sentence of paragraph (1) shall include a description of—
the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown;
each criminal case in which information acquired under this chapter has been authorized for use at trial during the period covered by such report;
the total number of emergency employments of electronic surveillance under section 1805(e) of this title and the total number of subsequent orders approving or denying such electronic surveillance; and
On or before one year after October 25, 1978, and on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, concerning the implementation of this chapter. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
A person is guilty of an offense if he—
intentionally engages in electronic surveillance under color of law except as authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title;
intentionally discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title; or
knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States an application, in whole or in part, for an order for electronic surveillance under this chapter.
It is a defense to a prosecution under paragraph (1) or (2) of subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both.
There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A) of this title, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 1809 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—
actual damages, but not less than liquidated damages equal to the greater of—
if the aggrieved person is a United States person, $10,000 or $1,000 per day for each day of violation; or
for any other aggrieved person, $1,000 or $100 per day for each day of violation;
punitive damages; and
reasonable attorney’s fees and other investigation and litigation costs reasonably incurred.
If a court finds that a person has violated this chapter in a civil action under section 1810 of this title , the head of the agency that employs that person shall report to Congress on the administrative action taken against that person pursuant to section 1803(m) of this title or any other provision of law.
If a court finds that a person has violated this chapter in a civil action under section 1810 of this title , the head of the agency that employs that person shall report the name of such person to the Foreign Intelligence Surveillance Court. The Foreign Intelligence Surveillance Court shall maintain a list of each person about whom it received a report under this subsection.
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.
Except as provided in subsection (b), the procedures of chapters 119, 121, and 206 of title 18 and this chapter shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.
Only an express statutory authorization for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this chapter or chapters 119, 121, or 206 of title 18 shall constitute an additional exclusive means for the purpose of subsection (a).
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
In this section:
The term “covered communication” means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage.
The term “head of an element of the intelligence community” means, as appropriate—
the head of an element of the intelligence community; or
the head of the department or agency containing such element.
The term “United States person” has the meaning given that term in section 1801 of this title .
Not later than 2 years after December 19, 2014 , each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3).
The procedures required by paragraph (1) shall be—
prepared in coordination with the Director of National Intelligence; and
approved by the Attorney General prior to issuance.
The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of section 1803 of this title ), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B).
A covered communication shall not be retained in excess of 5 years, unless—
the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence;
the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency;
the communication is enciphered or reasonably believed to have a secret meaning;
all parties to the communication are reasonably believed to be non-United States persons;
retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause;
retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or
retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing—
the reasons extended retention is necessary to protect the national security of the United States;
the duration for which the head of the element is authorizing retention;
the particular information to be retained; and
the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States.
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of this title.
SUBCHAPTER II— PHYSICAL SEARCHES
As used in this subchapter:
The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “sabotage”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, “weapon of mass destruction”, and “State” shall have the same meanings as in section 1801 of this title, except as specifically provided by this subchapter.
“Aggrieved person” means a person whose premises, property, information, or material is the target of physical search or any other person whose premises, property, information, or material was subject to physical search.
“Foreign Intelligence Surveillance Court” means the court established by section 1803(a) of this title.
“Minimization procedures” with respect to physical search, means—
specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purposes and technique of the particular physical search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 1801(e)(1) of this title, shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand such foreign intelligence information or assess its importance;
notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
notwithstanding subparagraphs (A), (B), and (C), with respect to any physical search approved pursuant to section 1822(a) of this title, procedures that require that no information, material, or property of a United States person shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1824 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.
“Physical search” means any physical intrusion within the United States into premises or property (including examination of the interior of property by technical means) that is intended to result in a seizure, reproduction, inspection, or alteration of information, material, or property, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but does not include (A) “electronic surveillance”, as defined in section 1801(f) of this title, or (B) the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 1801(f) of this title.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Pub. L. 103–359, title VIII, § 807(c), Oct. 14, 1994, 108 Stat. 3453, provided that:
“The amendments made by subsections (a) and (b) [enacting this subchapter and amending provisions set out as a note under section 1801 of this title ] shall take effect 90 days after the date of enactment of this Act [ Oct. 14, 1994 ], except that any physical search approved by the Attorney General of the United States to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of title III of the Foreign Intelligence Surveillance Act of 1978 [this subchapter] (as added by this Act), if that search is conducted within 180 days after the date of enactment of this Act pursuant to regulations issued by the Attorney General, which were in the possession of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the date of enactment of this Act.”
Notwithstanding any other provision of law, the President, acting through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if—
the Attorney General certifies in writing under oath that—
the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers (as defined in section 1801(a)(1), (2), or (3) of this title);
there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person; and
the proposed minimization procedures with respect to such physical search meet the definition of minimization procedures under subparagraphs (A) through (D) of section 1821(4) of this title; and
the Attorney General reports such minimization procedures and any changes thereto to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days before their effective date, unless the Attorney General determines that immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization procedures adopted by the Attorney General. The Attorney General shall assess compliance with such procedures and shall report such assessments to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate under the provisions of section 1826 of this title.
The Attorney General shall immediately transmit under seal to the Foreign Intelligence Surveillance Court a copy of the certification. Such certification shall be maintained under security measures established by the Chief Justice of the United States with the concurrence of the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless—
the certification is necessary to determine the legality of the physical search under section 1825(g) of this title.
With respect to physical searches authorized by this subsection, the Attorney General may direct a specified landlord, custodian, or other specified person to—
furnish all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search; and
maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain.
The Government shall compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid.
Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the Foreign Intelligence Surveillance Court. Notwithstanding any other provision of law, a judge of the court to whom application is made may grant an order in accordance with section 1824 of this title approving a physical search in the United States of the premises, property, information, or material of a foreign power or an agent of a foreign power for the purpose of collecting foreign intelligence information.
The Foreign Intelligence Surveillance Court shall have jurisdiction to hear applications for and grant orders approving a physical search for the purpose of obtaining foreign intelligence information anywhere within the United States under the procedures set forth in this subchapter, except that no judge (except when sitting en banc) shall hear the same application which has been denied previously by another judge designated under section 1803(a) of this title . If any judge so designated denies an application for an order authorizing a physical search under this subchapter, such judge shall provide immediately for the record a written statement of each reason for such decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established under section 1803(b) of this title .
The court of review established under section 1803(b) of this title shall have jurisdiction to review the denial of any application made under this subchapter. If such court determines that the application was properly denied, the court shall provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.
Judicial proceedings under this subchapter shall be concluded as expeditiously as possible. The record of proceedings under this subchapter, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice of the United States in consultation with the Attorney General and the Director of National Intelligence.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
Each application for an order approving a physical search under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge of the Foreign Intelligence Surveillance Court. Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements for such application as set forth in this subchapter. Each application shall include—
the identity of the Federal officer making the application;
the identity, if known, or a description of the target of the search, and a description of the premises or property to be searched and of the information, material, or property to be seized, reproduced, or altered;
a sworn statement of the facts and circumstances relied upon by the applicant to justify the applicant’s belief that—
the target of the physical search is a foreign power or an agent of a foreign power, and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur;
the premises or property to be searched contains foreign intelligence information; and
the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from a foreign power or an agent of a foreign power;
a statement of the proposed minimization procedures;
a statement of the nature of the foreign intelligence sought and the manner in which the physical search is to be conducted;
a certification or certifications by the Assistant to the President for National Security Affairs, an executive branch official or officials designated by the President from among those executive branch officers employed in the area of national security or defense and appointed by the President, by and with the advice and consent of the Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—
that the certifying official deems the information sought to be foreign intelligence information;
that a significant purpose of the search is to obtain foreign intelligence information;
that such information cannot reasonably be obtained by normal investigative techniques;
that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title;
includes a statement explaining the basis for the certifications required by subparagraphs (C) and (D); and
that none of the information included in the statement described in paragraph (3) was solely produced by, derived from information produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of title 26), unless—
the political organization is clearly identified in the body of the statement described in paragraph (3);
the information has been corroborated; and
the investigative techniques used to corroborate the information are clearly identified in the body of the statement described in paragraph (3); and
that none of the information included in the statement described in paragraph (3) is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information;
where the physical search involves a search of the residence of a United States person, the Attorney General shall state what investigative techniques have previously been utilized to obtain the foreign intelligence information concerned and the degree to which these techniques resulted in acquiring such information;
a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving any of the persons, premises, or property specified in the application, and the action taken on each previous application;
in the case of an application for an extension of an order under this subchapter in which the target of the physical search is a United States person, a summary statement of the foreign intelligence information obtained pursuant to the original order (and any preceding extension thereof) as of the date of the application for the extension, or a reasonable explanation of the failure to obtain such information; and 1
a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—
call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
otherwise raise doubts with respect to the findings required under section 1824(a) of this title.2
non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
The Attorney General may require any other affidavit or certification from any other officer in connection with the application.
The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 1824 of this title .
Upon written request of the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of State, the Director of National Intelligence, or the Director of the Central Intelligence Agency, the Attorney General shall personally review under subsection (a) an application under that subsection for a target described in section 1801(b)(2) of this title.
Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.
Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.
If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.
Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes of making the application under this section.
Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.
Amendment by section 6(a)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(a)(5) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 6(b)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(b)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 6(c)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(c)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 6(e)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(e)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 6(f)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(f)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(a)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(b)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
For provisions listing officials designated by President to make certifications required by subsec. (a)(7) of this section, see Ex. Ord. No. 12949, § 3, Feb. 9, 1995, 60 F.R. 8169, set out as a note under section 1822 of this title.
Upon an application made pursuant to section 1823 of this title, the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that—
the application has been made by a Federal officer and approved by the Attorney General;
on the basis of the facts submitted by the applicant there is probable cause to believe that—
the target of the physical search is a foreign power or an agent of a foreign power, except that no United States person may be considered an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from an agent of a foreign power or a foreign power;
the proposed minimization procedures meet the definition of minimization contained in this subchapter; and
the application which has been filed contains all statements and certifications required by section 1823 of this title, and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1823(a)(6)(E) of this title and any other information furnished under section 1823(c) of this title.
In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
An order approving a physical search under this section shall—
specify—
the identity, if known, or a description of the target of the physical search;
the nature and location of each of the premises or property to be searched;
the type of information, material, or property to be seized, altered, or reproduced;
a statement of the manner in which the physical search is to be conducted and, whenever more than one physical search is authorized under the order, the authorized scope of each search and what minimization procedures shall apply to the information acquired by each search; and
the period of time during which physical searches are approved; and
direct—
that the minimization procedures be followed;
that, upon the request of the applicant, a specified landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search;
that such landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain;
that the applicant compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid; and
that the Federal officer conducting the physical search promptly report to the court the circumstances and results of the physical search.
An order issued under this section may approve a physical search for the period necessary to achieve its purpose, or for 90 days, whichever is less, except that (A) an order under this section shall approve a physical search targeted against a foreign power for the period specified in the application or for one year, whichever is less, and (B) an order under this section for a physical search targeted against an agent of a foreign power who is not a United States person may be for the period specified in the application or for one year, whichever is less.
At or before the end of the period of time for which a physical search is approved by an order or an extension, or at any time after a physical search is carried out, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.
Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of a physical search if the Attorney General—
reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;
reasonably determines that the factual basis for issuance of an order under this subchapter to approve such physical search exists;
informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and
makes an application in accordance with this subchapter to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search.
If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.
In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
The Attorney General shall assess compliance with the requirements of paragraph (5).
Applications made and orders granted under this subchapter shall be retained for a period of at least 10 years from the date of the application.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
Information acquired from a physical search conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No information acquired from a physical search pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
Where a physical search authorized and conducted pursuant to section 1824 of this title involves the residence of a United States person, and, at any time after the search the Attorney General determines there is no national security interest in continuing to maintain the secrecy of the search, the Attorney General shall provide notice to the United States person whose residence was searched of the fact of the search conducted pursuant to this chapter and shall identify any property of such person seized, altered, or reproduced during such search.
No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from a physical search pursuant to the authority of this subchapter, the United States shall, prior to the trial, hearing, or the other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof against an aggrieved person any information obtained or derived from a physical search pursuant to the authority of this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
Any person against whom evidence obtained or derived from a physical search to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such search on the grounds that—
the information was unlawfully acquired; or
the physical search was not made in conformity with an order of authorization or approval.
Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.
Whenever a court or other authority is notified pursuant to subsection (d) or (e), or whenever a motion is made pursuant to subsection (f), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to a physical search authorized by this subchapter or to discover, obtain, or suppress evidence or information obtained or derived from a physical search authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law, if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the physical search as may be necessary to determine whether the physical search of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the physical search, or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the physical search.
If the United States district court pursuant to subsection (g) determines that the physical search was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the physical search of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the physical search was lawfully authorized or conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
Orders granting motions or requests under subsection (h), decisions under this section that a physical search was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to the physical search shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.
If an emergency execution of a physical search is authorized under section 1824(d) 1 of this title and a subsequent order approving the search is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to the search as the judge may determine in his discretion it is in the interests of justice to serve, notice of—
the fact of the application;
the period of the search; and
the fact that during the period information was or was not obtained.
On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed 90 days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.
Federal officers who conduct physical searches to acquire foreign intelligence information under this subchapter may consult with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to coordinate efforts to investigate or protect against—
actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.
Coordination authorized under paragraph (1) shall not preclude the certification required by section 1823(a)(6) of this title or the entry of an order under section 1824 of this title.
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all physical searches conducted pursuant to this subchapter. On a semiannual basis the Attorney General shall also provide to those committees a report setting forth with respect to the preceding six-month period—
the total number of applications made for orders approving physical searches under this subchapter;
the total number of such orders either granted, modified, or denied;
the number of physical searches which involved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to section 1825(b) of this title; and
the total number of emergency physical searches authorized by the Attorney General under section 1824(e) of this title and the total number of subsequent orders approving or denying such physical searches.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
A person is guilty of an offense if he intentionally—
under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or
discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.
It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—
actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
punitive damages; and
reasonable attorney’s fees and other investigative and litigation costs reasonably incurred.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by the Congress.
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
SUBCHAPTER III— PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES
As used in this subchapter:
The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, and “State” shall have the same meanings as in section 1801 of this title.
The terms “pen register” and “trap and trace device” have the meanings given such terms in section 3127 of title 18.
The term “aggrieved person” means any person—
whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or
whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses.
The term “specific selection term”—
is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and
is used to limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device.
A specific selection term under subparagraph (A) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device, such as an identifier that—
identifies an electronic communication service provider (as that term is defined in section 1881 of this title) or a provider of remote computing service (as that term is defined in section 2711 of title 18), when not used as part of a specific identifier as described in subparagraph (A), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the use; or
identifies a broad geographic region, including the United States, a city, a county, a State, a zip code, or an area code, when not used as part of a specific identifier as described in subparagraph (A).
For purposes of subparagraph (A), the term “address” means a physical address or electronic address, such as an electronic mail address or temporarily assigned network address (including an Internet protocol address).
Nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of subparagraph (A).
Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the installation and use of a pen register or trap and trace device for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution which is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order.
The authority under paragraph (1) is in addition to the authority under subchapter I of this chapter to conduct the electronic surveillance referred to in that paragraph.
Each application under this section shall be in writing under oath or affirmation to—
a judge of the court established by section 1803(a) of this title; or
a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving the installation and use of a pen register or trap and trace device on behalf of a judge of that court.
Each application under this section shall require the approval of the Attorney General, or a designated attorney for the Government, and shall include—
the identity of the Federal officer seeking to use the pen register or trap and trace device covered by the application;
a certification by the applicant that the information likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution;
a specific selection term to be used as the basis for the use of the pen register or trap and trace device;
a certification by the Federal Officer seeking to use the pen register or trap and trace device covered by the application that, to the best knowledge of the Federal Officer, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—
call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
otherwise raise doubts with respect to the findings required under subsection (d); and
non-cumulative information known to the Federal officer seeking to use the pen register or trap and trace device covered by the application, that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the installation and use of a pen register or trap and trace device if the judge finds that the application satisfies the requirements of this section.
An order issued under this section—
shall specify—
the identity, if known, of the person who is the subject of the investigation;
the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and
the attributes of the communications to which the order applies, such as the number or other identifier, and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, in the case of a trap and trace device, the geographic limits of the trap and trace order;
shall direct that—
upon request of the applicant, the provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish any information, facilities, or technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device in such a manner as will protect its secrecy and produce a minimum amount of interference with the services that such provider, landlord, custodian, or other person is providing the person concerned;
such provider, landlord, custodian, or other person—
shall not disclose the existence of the investigation or of the pen register or trap and trace device to any person unless or until ordered by the court; and
shall maintain, under security procedures approved by the Attorney General and the Director of National Intelligence pursuant to section 1805(b)(2)(C) 1 of this title, any records concerning the pen register or trap and trace device or the aid furnished; and
the applicant shall compensate such provider, landlord, custodian, or other person for reasonable expenses incurred by such provider, landlord, custodian, or other person in providing such information, facilities, or technical assistance; and
shall direct that, upon the request of the applicant, the provider of a wire or electronic communication service shall disclose to the Federal officer using the pen register or trap and trace device covered by the order—
in the case of the customer or subscriber using the service covered by the order (for the period specified by the order)—
the name of the customer or subscriber;
the address of the customer or subscriber;
the telephone or instrument number, or other subscriber number or identifier, of the customer or subscriber, including any temporarily assigned network address or associated routing or transmission information;
the length of the provision of service by such provider to the customer or subscriber and the types of services utilized by the customer or subscriber;
in the case of a provider of local or long distance telephone service, any local or long distance telephone records of the customer or subscriber;
if applicable, any records reflecting period of usage (or sessions) by the customer or subscriber; and
any mechanisms and sources of payment for such service, including the number of any credit card or bank account utilized for payment for such service; and
if available, with respect to any customer or subscriber of incoming or outgoing communications to or from the service covered by the order—
the name of such customer or subscriber;
the address of such customer or subscriber;
the telephone or instrument number, or other subscriber number or identifier, of such customer or subscriber, including any temporarily assigned network address or associated routing or transmission information; and
the length of the provision of service by such provider to such customer or subscriber and the types of services utilized by such customer or subscriber.
A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
Except as provided in paragraph (2), an order issued under this section shall authorize the installation and use of a pen register or trap and trace device for a period not to exceed 90 days. Extensions of such an order may be granted, but only upon an application for an order under this section and upon the judicial finding required by subsection (d). The period of extension shall be for a period not to exceed 90 days.
In the case of an application under subsection (c) where the applicant has certified that the information likely to be obtained is foreign intelligence information not concerning a United States person, an order, or an extension of an order, under this section may be for a period not to exceed one year.
No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance under subsection (d) in accordance with the terms of an order issued under this section.
Unless otherwise ordered by the judge, the results of a pen register or trap and trace device shall be furnished at reasonable intervals during regular business hours for the duration of the order to the authorized Government official or officials.
The Attorney General shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning United States persons that is collected through the use of a pen register or trap and trace device installed under this section. Such policies and procedures shall, to the maximum extent practicable and consistent with the need to protect national security, include privacy protections that apply to the collection, retention, and use of information concerning United States persons.
Nothing in this subsection limits the authority of the court established under section 1803(a) of this title or of the Attorney General to impose additional privacy or minimization procedures with regard to the installation or use of a pen register or trap and trace device.
Amendment by section 10(a)(3) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(b)(3) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Notwithstanding any other provision of this subchapter, when the Attorney General makes a determination described in subsection (b), the Attorney General may authorize the installation and use of a pen register or trap and trace device on an emergency basis to gather foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution if—
a judge referred to in section 1842(b) of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to install and use the pen register or trap and trace device, as the case may be, on an emergency basis; and
an application in accordance with section 1842 of this title is made to such judge as soon as practicable, but not more than 7 days, after the Attorney General authorizes the installation and use of the pen register or trap and trace device, as the case may be, under this section.
A determination under this subsection is a reasonable determination by the Attorney General that—
an emergency requires the installation and use of a pen register or trap and trace device to obtain foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution before an order authorizing the installation and use of the pen register or trap and trace device, as the case may be, can with due diligence be obtained under section 1842 of this title; and
the factual basis for issuance of an order under such section 1842 of this title to approve the installation and use of the pen register or trap and trace device, as the case may be, exists.
In the absence of an order applied for under subsection (a)(2) approving the installation and use of a pen register or trap and trace device authorized under this section, the installation and use of the pen register or trap and trace device, as the case may be, shall terminate at the earlier of—
when the information sought is obtained;
when the application for the order is denied under section 1842 of this title; or
7 days after the time of the authorization by the Attorney General.
In the event that an application for an order applied for under subsection (a)(2) is denied, or in any other case where the installation and use of a pen register or trap and trace device under this section is terminated and no order under section 1842 of this title is issued approving the installation and use of the pen register or trap and trace device, as the case may be, no information obtained or evidence derived from the use of the pen register or trap and trace device, as the case may be, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the use of the pen register or trap and trace device, as the case may be, shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
A denial of the application made under subsection (a)(2) may be reviewed as provided in section 1803 of this title.
Information collected through the use of a pen register or trap and trace device installed under this section shall be subject to the policies and procedures required under section 1842(h) of this title .
Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.
Notwithstanding any other provision of law, the President, through the Attorney General, may authorize the use of a pen register or trap and trace device without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by Congress.
Information acquired from the use of a pen register or trap and trace device installed pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section.
No information acquired from a pen register or trap and trace device installed and used pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
Any aggrieved person against whom evidence obtained or derived from the use of a pen register or trap and trace device is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the use of the pen register or trap and trace device, as the case may be, on the grounds that—
the information was unlawfully acquired; or
the use of the pen register or trap and trace device, as the case may be, was not made in conformity with an order of authorization or approval under this subchapter.
A motion under paragraph (1) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.
Whenever a court or other authority is notified pursuant to subsection (c) or (d), whenever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to the use of a pen register or trap and trace device authorized by this subchapter or to discover, obtain, or suppress evidence or information obtained or derived from the use of a pen register or trap and trace device authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law and if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the use of the pen register or trap and trace device, as the case may be, as may be necessary to determine whether the use of the pen register or trap and trace device, as the case may be, was lawfully authorized and conducted.
In making a determination under paragraph (1), the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the use of the pen register or trap and trace device, as the case may be, or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the use of the pen register or trap and trace device, as the case may be.
If the United States district court determines pursuant to subsection (f) that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the use of the pen register or trap and trace device, as the case may be, or otherwise grant the motion of the aggrieved person.
If the court determines that the use of the pen register or trap and trace device, as the case may be, was lawfully authorized or conducted, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
Orders granting motions or requests under subsection (g), decisions under this section that the use of a pen register or trap and trace device was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to the installation and use of a pen register or trap and trace device shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.
On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all uses of pen registers and trap and trace devices pursuant to this subchapter.
On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) a report setting forth with respect to the preceding 6-month period—
the total number of applications made for orders approving the use of pen registers or trap and trace devices under this subchapter;
the total number of such orders either granted, modified, or denied;
the total number of pen registers and trap and trace devices whose installation and use was authorized by the Attorney General on an emergency basis under section 1843 of this title, and the total number of subsequent orders approving or denying the installation and use of such pen registers and trap and trace devices;
each department or agency on behalf of which the Attorney General or a designated attorney for the Government has made an application for an order authorizing or approving the installation and use of a pen register or trap and trace device under this subchapter;
for each department or agency described in paragraph (4), each number described in paragraphs (1), (2), and (3); and
a good faith estimate of the total number of subjects who were targeted by the installation and use of a pen register or trap and trace device under an order or emergency authorization issued under this subchapter, rounded to the nearest 500, including—
the number of such subjects who are United States persons, reported to the nearest band of 500, starting with 0–499; and
of the number of United States persons described in subparagraph (A), the number of persons whose information acquired pursuant to such order was reviewed or accessed by a Federal officer, employee, or agent, reported to the nearest band of 500, starting with 0–499.
Each report under subsection (b) shall be submitted in unclassified form, to the extent consistent with national security. Not later than 7 days after the date on which the Attorney General submits such a report, the Attorney General shall make the report publicly available, or, if the Attorney General determines that the report cannot be made publicly available consistent with national security, the Attorney General may make publicly available an unclassified summary of the report or a redacted version of the report.
SUBCHAPTER IV— ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES
As used in this subchapter:
The terms “foreign power”, “agent of a foreign power”, “foreign intelligence information”, “international terrorism”, and “Attorney General” shall have the same meanings as in section 1801 of this title.
The term “common carrier” means any person or entity transporting people or property by land, rail, water, or air for compensation.
The term “physical storage facility” means any business or entity that provides space for the storage of goods or materials, or services related to the storage of goods or materials, to the public or any segment thereof.
The term “public accommodation facility” means any inn, hotel, motel, or other establishment that provides lodging to transient guests.
The term “vehicle rental facility” means any person or entity that provides vehicles for rent, lease, loan, or other similar use to the public or any segment thereof.
Pub. L. 114–23, title I, § 109(a), June 2, 2015, 129 Stat. 276, provided that:
“The amendments made by sections 101 through 103 [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [ June 2, 2015 ].”
Amendment by section 102(b)(1) of Pub. L. 109–177 effective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular foreign intelligence investigation that began before Mar. 15, 2020, or with respect to any particular offense or potential offense that began or occurred before Mar. 15, 2020, see section 102(b) of Pub. L. 109–177, set out as a note under section 1805 of this title.
Pub. L. 114–23, title I, § 109(b), June 2, 2015, 129 Stat. 276, provided that:
“Nothing in this Act [see Tables for classification] shall be construed to alter or eliminate the authority of the Government to obtain an order under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq.) as in effect prior to the effective date described in subsection (a) [see Effective Date of 2015 Amendment note above] during the period ending on such effective date.”
Pub. L. 114–23, title I, § 110, June 2, 2015, 129 Stat. 276, provided that:
“Nothing in this Act [see Tables for classification] shall be construed to authorize the production of the contents (as such term is defined in section 2510(8) of title 18 , United States Code) of any electronic communication from an electronic communication service provider (as such term is defined in section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881(b)(4) )) under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq.).”
The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order authorizing a common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to release records in its possession for an investigation to gather foreign intelligence information or an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order.
Each application under this section—
shall be made to—
a judge of the court established by section 1803(a) of this title; or
a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the release of records under this section on behalf of a judge of that court; and
shall specify that—
the records concerned are sought for an investigation described in subsection (a);
there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power;
1 a statement by the applicant that, to the best knowledge of the applicant, the application fairly reflects all information that might reasonably—
call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
otherwise raise doubts with respect to the findings required under subsection (c); and
non-cumulative information known to the applicant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
Upon application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application satisfies the requirements of this section.
An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a).
Any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility shall comply with an order under subsection (c).
No common carrier, public accommodation facility, physical storage facility, or vehicle rental facility, or officer, employee, or agent thereof, shall disclose to any person (other than those officers, agents, or employees of such common carrier, public accommodation facility, physical storage facility, or vehicle rental facility necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section) that the Federal Bureau of Investigation has sought or obtained records pursuant to an order under this section.
Amendment by section 10(a)(4) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(b)(4) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 102(b)(1) of Pub. L. 109–177 effective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular foreign intelligence investigation that began before Mar. 15, 2020, or with respect to any particular offense or potential offense that began or occurred before Mar. 15, 2020, see section 102(b) of Pub. L. 109–177, set out as a note under section 1805 of this title.
On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for records under this subchapter.
On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period—
the total number of applications made for orders approving requests for records under this subchapter; and
the total number of such orders either granted, modified, or denied.
Section, which had been repealed by Pub. L. 107–56, title II, § 215, Oct. 26, 2001, 115 Stat. 287, was revived by section 102(b)(1) of Pub. L. 109–177 effective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular foreign intelligence investigation that began before Mar. 15, 2020, or with respect to any particular offense or potential offense that began or occurred before Mar. 15, 2020, see section 102(b) of Pub. L. 109–177, set out as an Effective Date of 2006 Amendment note under section 1805 of this title.
Not later than 15 days after learning that an electronic communication service provider that generates call detail records in the ordinary course of business has changed the policy of the provider on the retention of such call detail records to result in a retention period of less than 18 months, the Director of National Intelligence shall notify, in writing, the congressional intelligence committees of such change.
Not later than 30 days after December 18, 2015 , the Director shall submit to the congressional intelligence committees a report identifying each electronic communication service provider that has, as of the date of the report, a policy to retain call detail records for a period of 18 months or less.
In this section:
The term “call detail record” has the meaning given that term in section 1861(k) 1 1 See References in Text note below. of this title.
The term “electronic communication service provider” has the meaning given that term in section 1881(b)(4) of this title .
For definition of “congressional intelligence committees” as used in this section, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title.
SUBCHAPTER V— OVERSIGHT
On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner consistent with the protection of the national security, a report setting forth with respect to the preceding 6-month period—
the aggregate number of persons targeted for orders issued under this chapter, including a breakdown of those targeted for—
electronic surveillance under section 1805 of this title;
physical searches under section 1824 of this title;
pen registers under section 1842 of this title;
access to records under section 1861 1 of this title;
acquisitions under section 1881b of this title; and
acquisitions under section 1881c of this title;
the number of individuals covered by an order issued pursuant to section 1801(b)(1)(C) 1 of this title;
the number of times that the Attorney General has authorized that information obtained under this chapter may be used in a criminal proceeding or any information derived therefrom may be used in a criminal proceeding;
a summary of significant legal interpretations of this chapter involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, including interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review by the Department of Justice; and
copies of all decisions, orders, or opinions of the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of the provisions of this chapter.
The first report under this section shall be submitted not later than 6 months after December 17, 2004 . Subsequent reports under this section shall be submitted semi-annually thereafter.
The Attorney General shall submit to the committees of Congress referred to in subsection (a)—
not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this chapter, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this chapter or a novel application of any provision of this chapter, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion;
a copy of each such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, that was issued during the 5-year period ending on July 10, 2008, and not previously submitted in a report under subsection (a);
for any hearing, oral argument, or other proceeding before the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review for which a court reporter produces a transcript, not later than 45 days after the government receives the final transcript or the date on which the matter of the hearing, oral argument, or other proceeding is resolved, whichever is later, a notice of the existence of such transcript. Not later than three business days after a committee referred to in subsection (a) requests to review an existing transcript, the Attorney General shall facilitate such request; and
a copy of each declassified document that has undergone review under section 1872 of this title.
The Attorney General, in consultation with the Director of National Intelligence, may authorize redactions of materials described in subsection (c) that are provided to the committees of Congress referred to in subsection (a), if such redactions are necessary to protect the national security of the United States and are limited to sensitive sources and methods information or the identities of targets.
In this section:
The term “Foreign Intelligence Surveillance Court” means the court established under section 1803(a) of this title .
The term “Foreign Intelligence Surveillance Court of Review” means the court established under section 1803(b) of this title .
Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(2), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the amendments made by section 403(b)(2) are effective June 12, 2026.
Subject to subsection (b), the Director of National Intelligence, in consultation with the Attorney General, shall conduct a declassification review, to be concluded as soon as practicable, but not later than 180 days after the commencement of such review, of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 1871(e) of this title ) that includes a significant construction or interpretation of any provision of law, including any novel or significant construction or interpretation of the term “specific selection term”, and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion.
The Director of National Intelligence, in consultation with the Attorney General, may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form.
The Director of National Intelligence, in consultation with the Attorney General, may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a), if—
the Director of National Intelligence, in consultation with the Attorney General, determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and
the Director of National Intelligence makes publicly available an unclassified statement prepared by the Attorney General, in consultation with the Director of National Intelligence—
summarizing the significant construction or interpretation of any provision of law, which shall include, to the extent consistent with national security, a description of the context in which the matter arises and any significant construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and
that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.
The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, subject to a declassification review by the Attorney General and the Director of National Intelligence, a report that includes—
the number of such orders granted under each of those sections;
the number of orders modified under each of those sections;
the number of applications or certifications denied under each of those sections;
the number of appointments of an individual to serve as amicus curiae under section 1803 of this title, including the name of each individual appointed to serve as amicus curiae;
the number of findings issued under section 1803(i) of this title that such appointment is not appropriate and the text of any such findings; and
the number of times the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review exercised authority under chapter 21 of title 18 and a description of each use of such authority.
The Director shall make the report required under paragraph (1) publicly available on an Internet Web site, except that the Director shall not make publicly available on an Internet Web site the findings described in subparagraph (F) of paragraph (1).
Except as provided in subsection (d), the Director of National Intelligence shall annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period—
the number of targets of such orders;
the number of targets of such orders who are known to not be United States persons; and
the number of targets of such orders who are known to be United States persons;
the total number of orders issued pursuant to section 1881a of this title, including pursuant to subsection (f)(2) of such section, and a good faith estimate of—
the number of targets of such orders;
the number of search terms concerning a known United States person used to retrieve the unminimized contents (or combined unminimized contents and noncontents information) of electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of search terms used to prevent the return of information concerning a United States person;
the number of queries concerning a known United States person of unminimized noncontents information relating to electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of queries containing information used to prevent the return of information concerning a United States person; 2
the number of instances in which the Federal Bureau of Investigation opened, under the Criminal Investigative Division or any successor division, an investigation of a United States person (who is not considered a threat to national security) based wholly or in part on an acquisition authorized under such section;
the total number of orders issued pursuant to subchapter III and a good faith estimate of—
the number of targets of such orders, including—
the number of targets of such orders who are known to not be United States persons; and
the number of targets of such orders who are known to be United States persons; and
the number of unique identifiers used to communicate information collected pursuant to such orders;
the number of criminal proceedings in which the United States or a State or political subdivision thereof provided notice pursuant to subsection (c) or (d) of section 1806 of this title (including with respect to information acquired from an acquisition conducted under section 1881a of this title) or subsection (d) or (e) of section 1825 of this title of the intent of the government to enter into evidence or otherwise use or disclose any information obtained or derived from electronic surveillance, physical search, or an acquisition conducted pursuant to this chapter;
the total number of orders issued pursuant to applications made under section 1861(b)(2)(B) 1 of this title and a good faith estimate of—
the number of targets of such orders; and
the number of unique identifiers used to communicate information collected pursuant to such orders;
the total number of orders issued pursuant to applications made under section 1861(b)(2)(C) 1 of this title and a good faith estimate of—
the number of targets of such orders;
the number of unique identifiers used to communicate information collected pursuant to such orders; and
the number of search terms that included information concerning a United States person that were used to query any database of call detail records obtained through the use of such orders; and
the total number of national security letters issued and the number of requests for information contained within such national security letters.
The annual reports required by subsections (a) and (b) shall be made publicly available during April of each year and include information relating to the previous calendar year.
If a good faith estimate required to be reported under subparagraph (B) of any of paragraphs (3), (5), or (6) of subsection (b) is fewer than 500, it shall be expressed as a numerical range of “fewer than 500” and shall not be expressed as an individual number.
Paragraph (3)(B) of subsection (b) shall not apply to orders resulting in the acquisition of information by the Federal Bureau of Investigation that does not include electronic mail addresses or telephone numbers.
If the Director of National Intelligence concludes that a good faith estimate required to be reported under subsection (b)(2)(C) cannot be determined accurately because some but not all of the relevant elements of the intelligence community are able to provide such good faith estimate, the Director shall—
certify that conclusion in writing to the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives;
report the good faith estimate for those relevant elements able to provide such good faith estimate;
explain when it is reasonably anticipated that such an estimate will be able to be determined fully and accurately; and
make such certification publicly available on an Internet Web site.
A certification described in subparagraph (A) shall be prepared in unclassified form, but may contain a classified annex.
If the Director of National Intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately, the Director shall annually submit a certification in accordance with this paragraph.
The Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, a report describing the accountability actions taken by the Federal Bureau of Investigation in the preceding 12-month period for noncompliant querying of information acquired under section 1881a of this title and any such actions taken pursuant to section 1803(m) of this title , to include the number of ongoing personnel investigations, the outcome of any completed personnel investigations and any related adverse personnel actions taken.
The Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report that includes—
the number of United States person queries by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title;
the number of approved queries using the Federal Bureau of Investigation’s batch job technology, or successor tool;
the number of queries using the Federal Bureau of Investigation’s batch job technology, or successor tool, conducted by the Federal Bureau of Investigation against information acquired pursuant to section 1881a(a) of this title for which pre-approval was not obtained due to emergency circumstances;
the number of United States person queries conducted by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title solely to retrieve evidence of a crime;
a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title primarily to protect the United States person who is the subject of the query; and
a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title where the United States person who is the subject of the query is a target or subject of an investigation by the Federal Bureau of Investigation.
Subject to declassification review by the Attorney General and the Director of National Intelligence, each annual report submitted pursuant to paragraph (1) shall be available to the public during the first April following the calendar year covered by the report.
Beginning on the date that is not later than 1 year after the effective date of this paragraph, the Director of the Federal Bureau of Investigation shall submit a quarterly report to the congressional intelligence committees and to the Committees on the Judiciary of the House of Representatives and of the Senate that includes the number of U.S. person queries conducted during that quarter.
In this section:
The term “contents” has the meaning given that term under section 2510 of title 18 .
The term “electronic communication” has the meaning given that term under section 2510 of title 18 .
The term “national security letter” means a request for a report, records, or other information under—
section 2709 of title 18;
section 3414(a)(5)(A) of title 12;
subsection (a) or (b) of section 1681u of title 15; or
section 1681v(a) of title 15.
The term “United States person” means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 1101(a) of title 8 ).
The term “wire communication” has the meaning given that term under section 2510 of title 18 .
Pub. L. 118–49, § 11(a)(2), Apr. 20, 2024, 138 Stat. 879, provided that:
“The amendments made by this subsection [amending this section] shall take effect on January 1, 2025 .”
A person subject to a nondisclosure requirement accompanying an order or directive under this chapter or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following information using one of the following structures:
A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
the number of national security letters received, reported in bands of 1000 starting with 0–999;
the number of customer selectors targeted by national security letters, reported in bands of 1000 starting with 0–999;
the number of orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;
the number of customer selectors targeted under orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;
the number of orders received under this chapter for noncontents, reported in bands of 1000 starting with 0–999; and
the number of customer selectors targeted under orders under this chapter for noncontents, reported in bands of 1000 starting with 0–999, pursuant to—
subchapter III;
subchapter IV with respect to applications described in section 1861(b)(2)(B) 1 of this title; and
subchapter IV with respect to applications described in section 1861(b)(2)(C) 1 of this title.
A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
the number of national security letters received, reported in bands of 500 starting with 0–499;
the number of customer selectors targeted by national security letters, reported in bands of 500 starting with 0–499;
the number of orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499;
the number of customer selectors targeted under orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499;
the number of orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499; and
the number of customer selectors targeted under orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499.
A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
the total number of all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249; and
the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249.
An annual report that aggregates the number of orders, directives, and national security letters the person was required to comply with into separate categories of—
the total number of all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99; and
the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99.
A report described in paragraph (1) or (2) of subsection (a) shall include only information—
relating to national security letters for the previous 180 days; and
relating to authorities under this chapter for the 180-day period of time ending on the date that is not less than 180 days prior to the date of the publication of such report, except that with respect to a platform, product, or service for which a person did not previously receive an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or service) such report shall not include any information relating to such new order or directive until 540 days after the date on which such new order or directive is received.
A report described in paragraph (3) of subsection (a) shall include only information relating to the previous 180 days.
A report described in paragraph (4) of subsection (a) shall include only information for the 1-year period of time ending on the date that is not less than 1 year prior to the date of the publication of such report.
Nothing in this section prohibits the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section.
In this section:
The term “contents” has the meaning given that term under section 2510 of title 18 .
The term “national security letter” has the meaning given that term under section 1873 of this title .
SUBCHAPTER VI— ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES
In this subchapter, the terms “agent of a foreign power”, “Attorney General”, “contents”, “electronic surveillance”, “foreign intelligence information”, “foreign power”, “person”, “United States”, and “United States person” have the meanings given such terms in section 1801 of this title , except as specifically provided in this subchapter.
In this subchapter:
The term “congressional intelligence committees” means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives.
The terms “Foreign Intelligence Surveillance Court” and “Court” mean the court established under section 1803(a) of this title .
The terms “Foreign Intelligence Surveillance Court of Review” and “Court of Review” mean the court established under section 1803(b) of this title .
The term “electronic communication service provider” means—
a telecommunications carrier, as that term is defined in section 153 of title 47;
a provider of electronic communication service, as that term is defined in section 2510 of title 18;
a provider of a remote computing service, as that term is defined in section 2711 of title 18;
any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;
any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as—
a public accommodation facility, as that term is defined in section 1861(4) of this title;
a dwelling, as that term is defined in section 3602 of title 42;
a community facility, as that term is defined in section 1592n of title 42; or
a food service establishment, as that term is defined in section 1638 of title 7; or
an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E).
The term “intelligence community” has the meaning given the term in section 3003(4) of this title .
Pub. L. 115–96, div. A, § 1002, Dec. 22, 2017, 131 Stat. 2045, which temporarily extended the effective date of the amendments made by section 403(b) of Pub. L. 110–261 to Jan. 19, 2018, was repealed by its own terms upon the enactment, on Jan. 19, 2018, of section 201(a) of Pub. L. 115–118, which amended the dates specified in section 403(b) of Pub. L. 110–261, and by Pub. L. 115–120, div. B, § 2002, Jan. 22, 2018, 132 Stat. 31, which was effective on Jan. 22, 2018.
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
[Pub. L. 119–87, § 1(b), Apr. 30, 2026, 140 Stat. 811, provided that:
“The amendments made by this section [amending sections 1881 to 1881h of this title and provisions set out as notes under this section and section 2511 of Title 18 , Crimes and Criminal Procedure] shall take effect on the earlier of the date of the enactment of this Act [ Apr. 30, 2026 ] or April 29, 2026 .”
]
[Pub. L. 119–84, § 1(c), Apr. 18, 2026, 140 Stat. 771, provided that:
“The amendments made by this section [amending sections 1881 to 1881h of this title and provisions set out as notes under this section, section 1801 of this title , and section 2511 of Title 18 , Crimes and Criminal Procedure] shall take effect on the earlier of the date of the enactment of this Act [ Apr. 18, 2026 ] or April 19, 2026 .”
]
[Pub. L. 115–118, title II, § 201(c), Jan. 19, 2018, 132 Stat. 19, provided that:
“The amendments made to the FISA Amendments Act of 2008 ( Public Law 110–261 ) by this section [amending sections 1881 to 1881g of this title and provisions set out as notes under this section, section 1801 of this title , and section 2511 of Title 18 , Crimes and Criminal Procedure] shall take effect on December 31, 2017 .”
]
Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (j)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.
An acquisition authorized under subsection (a)—
may not intentionally target any person known at the time of acquisition to be located in the United States;
may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;
may not intentionally target a United States person reasonably believed to be located outside the United States;
may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States;
may not intentionally acquire communications that contain a reference to, but are not to or from, a target of an acquisition authorized under subsection (a); and
shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States.
An acquisition authorized under subsection (a) shall be conducted only in accordance with—
the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and
upon submission of a certification in accordance with subsection (h), such certification.
A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (j)(3) prior to the implementation of such authorization.
The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)—
before the submission of a certification in accordance with subsection (h); or
by amending a certification pursuant to subsection (j)(1)(C) at any time during which judicial review under subsection (j) of such certification is pending.
Nothing in subchapter I shall be construed to require an application for a court order under such subchapter for an acquisition that is targeted in accordance with this section at a person reasonably believed to be located outside the United States.
The Attorney General, in consultation with the Director of National Intelligence, shall adopt targeting procedures that are reasonably designed to—
ensure that any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and
prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States.
The procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (j).
The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures that meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title , as appropriate, for acquisitions authorized under subsection (a).
The minimization procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (j).
The Director of National Intelligence, in consultation with the Attorney General, shall—
conduct a declassification review of any minimization procedures adopted or amended in accordance with paragraph (1); and
consistent with such review, and not later than 180 days after conducting such review, make such minimization procedures publicly available to the greatest extent practicable, which may be in redacted form.
The Attorney General, in consultation with the Director of National Intelligence, shall adopt querying procedures consistent with the requirements of the fourth amendment to the Constitution of the United States for information collected pursuant to an authorization under subsection (a).
The Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures adopted under subparagraph (A) include a technical procedure whereby a record is kept of each United States person query term used for a query.
The procedures adopted in accordance with subparagraph (A) shall be subject to judicial review pursuant to subsection (j).
The querying procedures adopted pursuant to paragraph (1) for the Federal Bureau of Investigation shall prohibit queries of information acquired under subsection (a) that are solely designed to find and extract evidence of criminal activity.
The restriction under subparagraph (A) shall not apply with respect to a query if—
there is a reasonable belief that such query may retrieve information that could assist in mitigating or eliminating a threat to life or serious bodily harm; or
such query is necessary to identify information that must be produced or preserved in connection with a litigation matter or to fulfill discovery obligations in criminal matters under the laws of the United States or any State thereof.
Federal Bureau of Investigation personnel must obtain prior approval from a Federal Bureau of Investigation supervisor (or employee of equivalent or greater rank) or attorney who is authorized to access unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) for any query of such unminimized contents or noncontents made using a United States person query term.
A United States person query to be conducted by the Federal Bureau of Investigation of unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) using a United States person query term may be conducted without obtaining prior approval as specified in clause (i) only if the person conducting the United States person query has a reasonable belief that conducting the query could assist in mitigating or eliminating a threat to life or serious bodily harm.
The Director of the Federal Bureau of Investigation shall promptly notify appropriate congressional leadership of any query conducted by the Federal Bureau of Investigation using a query term that is reasonably believed to be the name or other personally identifying information of a member of Congress, and shall also notify the member who is the subject of such query.
In this subparagraph, the term “appropriate congressional leadership” means the following:
The chairs and ranking minority members of the congressional intelligence committees.
The Speaker and minority leader of the House of Representatives.
The majority and minority leaders of the Senate.
In submitting a notification under clause (i), the Director shall give due regard to the protection of classified information, sources and methods, and national security.
The Director may waive a notification required under clause (i) if the Director determines such notification would impede an ongoing national security or law enforcement investigation.
A waiver under subclause (I) shall terminate on the date the Director determines the relevant notification would not impede the relevant national security or law enforcement investigation or on the date that such investigation ends, whichever is earlier.
The Federal Bureau of Investigation may not, for the exclusive purpose of supplementing the contents of a briefing on the defense against a counterintelligence threat to a member of Congress, conduct a query using a query term that is the name or restricted personal information (as such term is defined in section 119 of title 18) of that member unless—
the member provides consent to the use of the query term; or
the Deputy Director of the Federal Bureau of Investigation determines that exigent circumstances exist sufficient to justify the conduct of such query.
Not later than three business days after submitting a request for consent from a member of Congress under clause (i), the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership, regardless of whether the member provided such consent.
Not later than three business days after the conduct of a query under clause (i) without consent on the basis of the existence of exigent circumstances determined under subclause (II) of such clause, the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership.
Nothing in this subparagraph may be construed as—
applying to matters outside of the scope of the briefing on the defense against a counterintelligence threat to be provided or supplemented under clause (i); or
limiting the lawful investigative activities of the Federal Bureau of Investigation other than supplementing the contents of a briefing on the defense against a counterintelligence threat to a member of Congress.
In this subparagraph, the term “appropriate congressional leadership” means the following:
The chairs and ranking minority members of the congressional intelligence committees.
The Speaker and minority leader of the House of Representatives.
The majority and minority leaders of the Senate.
For any procedures adopted under paragraph (1) applicable to the Federal Bureau of Investigation, the Attorney General, in consultation with the Director of National Intelligence, shall include the following requirements:
A requirement that, prior to conducting any query, personnel of the Federal Bureau of Investigation successfully complete training on the querying procedures on an annual basis.
A requirement that, absent exigent circumstances, prior to conducting certain queries, personnel of the Federal Bureau of Investigation receive approval, at minimum, as follows:
Approval from the Deputy Director of the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States elected official, an appointee of the President or a State governor, a United States political candidate, a United States political organization or a United States person prominent in such organization, or a United States media organization or a United States person who is a member of such organization.
Approval from an attorney of the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States religious organization or a United States person who is prominent in such organization.
Approval from an attorney of the Federal Bureau of Investigation if such conduct involves batch job technology (or successor tool).
A requirement that, prior to conducting a query using a United States person query term, personnel of the Federal Bureau of Investigation provide a written statement of the specific factual basis to support the reasonable belief that such query meets the standards required by the procedures adopted under paragraph (1). For each United States person query, the Federal Bureau of Investigation shall keep a record of the query term, the date of the conduct of the query, the identifier of the personnel conducting the query, and such written statement.
Any system of the Federal Bureau of Investigation that stores unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) together with contents or noncontents obtained through other lawful means shall be configured in a manner that—
requires personnel of the Federal Bureau of Investigation to affirmatively elect to include such unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) when running a query; or
includes other controls reasonably expected to prevent inadvertent queries of such unminimized contents or noncontents.
If the Foreign Intelligence Surveillance Court finds that the procedures adopted under paragraph (1) include measures that are reasonably expected to result in similar compliance outcomes as the measures specified in clauses (i) through (iv) of this subparagraph, the Foreign Intelligence Surveillance Court may waive one or more of the requirements specified in such clauses.
The procedures shall prohibit any political personnel, such as those classified by the Office of Personnel Management as Presidential Appointment with Senate Confirmation, Presidential Appointment (without Senate Confirmation), Noncareer Senior Executive Service Appointment, or Schedule C Excepted Appointment, from inclusion in the Federal Bureau of Investigation’s prior approval process under clause (ii).
The Director of the Federal Bureau of Investigation shall issue minimum accountability standards that set forth escalating consequences for noncompliant querying of United States person terms within the contents of communications that were acquired under this section. Such standards shall include, at minimum, the following:
Zero tolerance for willful misconduct.
Escalating consequences for unintentional noncompliance, including the threshold for mandatory revocation of access to query information acquired under this section.
Consequences for supervisors who oversee users that engage in noncompliant queries.
In this subsection:
The term “contents” has the meaning given that term in section 2510(8) of title 18.
The term “query” means the use of one or more terms to retrieve the unminimized contents or noncontents located in electronic and data storage systems of communications of or concerning United States persons obtained through acquisitions authorized under subsection (a).
For any procedures for one or more agencies adopted under paragraph (1)(A), the Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures enable the vetting of all non-United States persons who are being processed for travel to the United States using terms that do not qualify as United States person query terms under this chapter.
The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure—
compliance with the limitations in subsection (b); and
that an application for a court order is filed as required by this chapter.
The Attorney General shall provide the guidelines adopted in accordance with paragraph (1) to—
the congressional intelligence committees;
the Committees on the Judiciary of the Senate and the House of Representatives; and
the Foreign Intelligence Surveillance Court.
Subject to subparagraph (B), prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a written certification and any supporting affidavit, under oath and under seal, in accordance with this subsection.
If the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2) and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall submit to the Court a certification for such authorization as soon as practicable but in no event later than 7 days after such determination is made.
A certification made under this subsection shall—
attest that—
there are targeting procedures in place that have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court that are reasonably designed to—
ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and
prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States;
the minimization procedures to be used with respect to such acquisition—
have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court;
guidelines have been adopted in accordance with subsection (g) to ensure compliance with the limitations in subsection (b) and to ensure that an application for a court order is filed as required by this chapter;
the procedures and guidelines referred to in clauses (i), (ii), and (iii) are consistent with the requirements of the fourth amendment to the Constitution of the United States;
a significant purpose of the acquisition is to obtain foreign intelligence information;
the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communication service provider; and
the acquisition complies with the limitations in subsection (b);
include the procedures adopted in accordance with subsections (d) and (e);
be supported, as appropriate, by the affidavit of any appropriate official in the area of national security who is—
appointed by the President, by and with the advice and consent of the Senate; or
the head of an element of the intelligence community;
include—
an effective date for the authorization that is at least 30 days after the submission of the written certification to the court; or
if the acquisition has begun or the effective date is less than 30 days after the submission of the written certification to the court, the date the acquisition began or the effective date for the acquisition; and
if the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2), include a statement that such determination has been made.
The Attorney General and the Director of National Intelligence may advance or delay the effective date referred to in paragraph (2)(D) by submitting an amended certification in accordance with subsection (j)(1)(C) to the Foreign Intelligence Surveillance Court for review pursuant to subsection (i). 1 1 See References in Text note below.
A certification made under this subsection is not required to identify the specific facilities, places, premises, or property at which an acquisition authorized under subsection (a) will be directed or conducted.
The Attorney General or a designee of the Attorney General shall maintain a copy of a certification made under this subsection.
A certification submitted in accordance with this subsection shall be subject to judicial review pursuant to subsection (j).
With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to—
immediately provide the Government with all information, facilities, or assistance necessary to accomplish the acquisition in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition; and
maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain.
The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).
No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).
An electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition to modify or set aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.
The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition.
A judge considering a petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not meet the requirements of this section, or is otherwise unlawful.
A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned such petition. If the judge determines that such petition does not consist of claims, defenses, or other legal contentions that are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, the judge shall immediately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it. Upon making a determination under this subparagraph or promptly thereafter, the judge shall provide a written statement for the record of the reasons for such determination.
If a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being assigned such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive, and order the recipient to comply with the directive in its entirety or as modified. The judge shall provide a written statement for the record of the reasons for a determination under this subparagraph.
Any directive not explicitly modified or set aside under this paragraph shall remain in full effect.
Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.
If an electronic communication service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the electronic communication service provider to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.
The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition.
A judge considering a petition filed under subparagraph (A) shall, not later than 30 days after being assigned such petition, issue an order requiring the electronic communication service provider to comply with the directive or any part of it, as issued or as modified, if the judge finds that the directive meets the requirements of this section and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph.
Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.
Any process under this paragraph may be served in any judicial district in which the electronic communication service provider may be found.
The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveillance Court of Review for review of a decision issued pursuant to paragraph (4) or (5). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph.
The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.
The Foreign Intelligence Surveillance Court shall have jurisdiction to review a certification submitted in accordance with subsection (g) 1 and the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1), and amendments to such certification or such procedures.
The Court shall review a certification submitted in accordance with subsection (g) 1 and the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and shall complete such review and issue an order under paragraph (3) not later than 30 days after the date on which such certification and such procedures are submitted.
The Attorney General and the Director of National Intelligence may amend a certification submitted in accordance with subsection (g) 1 or the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) as necessary at any time, including if the Court is conducting or has completed review of such certification or such procedures, and shall submit the amended certification or amended procedures to the Court not later than 7 days after amending such certification or such procedures. The Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The Attorney General and the Director of National Intelligence may authorize the use of an amended certification or amended procedures pending the Court’s review of such amended certification or amended procedures.
The Court shall review the following:
A certification submitted in accordance with subsection (h) to determine whether the certification contains all the required elements.
The targeting procedures adopted in accordance with subsection (d) to assess whether the procedures are reasonably designed to—
ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and
prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States.
The querying procedures adopted in accordance with subsection (f)(1) to assess whether such procedures comply with the requirements of such subsection.
If the Court finds that a certification submitted in accordance with subsection (h) contains all the required elements and that the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) are consistent with the requirements of those subsections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determination under subsection (c)(2), of the procedures for the acquisition.
If the Court finds that a certification submitted in accordance with subsection (h) does not contain all the required elements, or that the procedures adopted in accordance with subsections (d), (e), and (f)(1) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government’s election and to the extent required by the Court’s order—
correct any deficiency identified by the Court’s order not later than 30 days after the date on which the Court issues the order; or
cease, or not begin, the implementation of the authorization for which such certification was submitted.
In support of an order under this subsection, the Court shall provide, simultaneously with the order, for the record a written statement of the reasons for the order.
Except as provided in clause (ii), if the Court orders a correction of a deficiency in a certification or procedures under subparagraph (B), no information obtained or evidence derived pursuant to the part of the certification or procedures that has been identified by the Court as deficient concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired pursuant to such part of such certification or procedures shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the Court may approve for purposes of this clause.
The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order under this subsection. The Court of Review shall have jurisdiction to consider such petition. For any decision under this subparagraph affirming, reversing, or modifying an order of the Foreign Intelligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision.
Any acquisition affected by an order under paragraph (3)(B) may continue—
during the pendency of any rehearing of the order by the Court en banc; and
if the Government files a petition for review of an order under this section, until the Court of Review enters an order under subparagraph (C).
Not later than 60 days after the filing of a petition for review of an order under paragraph (3)(B) directing the correction of a deficiency, the Court of Review shall determine, and enter a corresponding order regarding, whether all or any part of the correction order, as issued or modified, shall be implemented during the pendency of the review.
The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.
If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Court the certification prepared in accordance with subsection (h) and the procedures adopted in accordance with subsections (d), (e), and (f)(1) at least 30 days prior to the expiration of such authorization.
If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a) by filing a certification pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a), until the Court issues an order with respect to such certification under paragraph (3) at which time the provisions of that paragraph and paragraph (4) shall apply with respect to such certification.
Judicial proceedings under this section shall be conducted as expeditiously as possible.
A time limit for a judicial decision in this section shall apply unless the Court, the Court of Review, or any judge of either the Court or the Court of Review, by order for reasons stated, extends that time as necessary for good cause in a manner consistent with national security.
The Foreign Intelligence Surveillance Court shall maintain a record of a proceeding under this section, including petitions, appeals, orders, and statements of reasons for a decision, under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence.
All petitions under this section shall be filed under seal. In any proceedings under this section, the Court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information.
The Attorney General and the Director of National Intelligence shall retain a directive or an order issued under this section for a period of not less than 10 years from the date on which such directive or such order is issued.
Not less frequently than once every 6 months, the Attorney General and Director of National Intelligence shall assess compliance with the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and the guidelines adopted in accordance with subsection (g) and shall submit each assessment to—
the Foreign Intelligence Surveillance Court; and
consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—
the congressional intelligence committees; and
the Committees on the Judiciary of the House of Representatives and the Senate.
The Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire foreign intelligence information under subsection (a), with respect to the department or element of such Inspector General—
are authorized to review compliance with the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and the guidelines adopted in accordance with subsection (g);
with respect to acquisitions authorized under subsection (a), shall review the number of disseminated intelligence reports containing a reference to a United States-person identity and the number of United States-person identities subsequently disseminated by the element concerned in response to requests for identities that were not referred to by name or title in the original reporting;
with respect to acquisitions authorized under subsection (a), shall review the number of targets that were later determined to be located in the United States and, to the extent possible, whether communications of such targets were reviewed; and
shall provide each such review to—
the Attorney General;
the Director of National Intelligence; and
consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—
the congressional intelligence committees; and
the Committees on the Judiciary of the House of Representatives and the Senate.
The head of each element of the intelligence community conducting an acquisition authorized under subsection (a) shall conduct an annual review to determine whether there is reason to believe that foreign intelligence information has been or will be obtained from the acquisition. The annual review shall provide, with respect to acquisitions authorized under subsection (a)—
an accounting of the number of disseminated intelligence reports containing a reference to a United States-person identity;
an accounting of the number of United States-person identities subsequently disseminated by that element in response to requests for identities that were not referred to by name or title in the original reporting;
the number of targets that were later determined to be located in the United States and, to the extent possible, whether communications of such targets were reviewed; and
a description of any procedures developed by the head of such element of the intelligence community and approved by the Director of National Intelligence to assess, in a manner consistent with national security, operational requirements and the privacy interests of United States persons, the extent to which the acquisitions authorized under subsection (a) acquire the communications of United States persons, and the results of any such assessment.
The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall use each such review to evaluate the adequacy of the minimization procedures utilized by such element and, as appropriate, the application of the minimization procedures to a particular acquisition authorized under subsection (a).
The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall provide such review to—
the Foreign Intelligence Surveillance Court;
the Attorney General;
the Director of National Intelligence; and
consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—
the congressional intelligence committees; and
the Committees on the Judiciary of the House of Representatives and the Senate.
The Federal Bureau of Investigation may not ingest unminimized information acquired under this section into its analytic repositories unless the targeted person is relevant to an existing, open, predicated full national security investigation by the Federal Bureau of Investigation.
Paragraph (1) does not apply if the Director of the Federal Bureau of Investigation decides it is necessary due to exigent circumstances and provides notification within three business days to the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate.
Paragraph (1) does not apply where the Federal Bureau of Investigation has agreed to provide technical, analytical, or linguistic assistance at the request of another Federal agency.
Pub. L. 118–49, § 18(d)(2), Apr. 20, 2024, 138 Stat. 891, provided that:
“Subsection (f) of section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as amended by this Act, shall apply with respect to certifications submitted under subsection (h) of such section to the Foreign Intelligence Surveillance Court after January 1, 2024 .”
Pub. L. 115–118, title I, § 101(a)(2), Jan. 19, 2018, 132 Stat. 6, provided that:
“Subsection (f) of section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as added by paragraph (1), shall apply with respect to certifications submitted under subsection (h) of such section to the Foreign Intelligence Surveillance Court after January 1, 2018 .”
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
Pub. L. 118–49, § 2(c), Apr. 20, 2024, 138 Stat. 863, provided that:
“(1) Audits required .— For each query identified by the Federal Bureau of Investigation as a United States person query against information acquired pursuant to subsection (a) of section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) conducted by the Federal Bureau of Investigation, not later than 180 days after the conduct of such query, the Department of Justice shall conduct an audit of such query. “(2) Applicability .— The requirement under paragraph (1) shall apply with respect to queries conducted on or after the date of the enactment of this Act [ Apr. 20, 2024 ]. “(3) Sunset .— This section [probably should be “subsection”] shall terminate on the earlier of the following: “(A) The date that is 2 years after the date of the enactment of this Act [ Apr. 20, 2024 ]. “(B) The date on which the Attorney General submits to the appropriate congressional committees a certification that the Federal Bureau of Investigation has implemented a process for the internal audit of all queries referred to in paragraph (1). “(4) Appropriate congressional committees defined .— In this section [probably should be “subsection”], the term ‘appropriate congressional committees’ means— “(A) the congressional intelligence committees, as such term is defined in subsection (b) of section 701 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 ); and “(B) the Committees on the Judiciary of the House of Representatives and of the Senate.”
Pub. L. 118–49, § 4, Apr. 20, 2024, 138 Stat. 867, provided that:
“(a) Sense of Congress on the Targeted Collection of United States Person Information .— It is the sense of Congress that, as proscribed in section 702(b)(2) [ 50 U.S.C. 1881a(b)(2) ], section 702 of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1881a ] has always prohibited, and continues to prohibit, the intelligence community from targeting a United States person for collection of foreign intelligence information. If the intelligence community intends to target a United States person for collection of foreign intelligence information under the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1801 et seq.], the Government must first obtain an individualized court order based upon a finding of probable cause that the United States person is a foreign power, an agent of a foreign power, or an officer or employee of a foreign power, in order to conduct surveillance targeting that United States person. “(b) Annual Audit of Targeting Decisions Under Section 702.— “(1) Mandatory review .— Not less frequently than annually, the Department of Justice National Security Division shall review each person targeted under section 702 of the Foreign Intelligence Surveillance Act of 1978 in the preceding year to ensure that the purpose of each targeting decision is not to target a known United States person. The results of this review shall be submitted to the Department of Justice Office of the Inspector General, the congressional intelligence committees, and the Committees on the Judiciary of the House of Representatives and of the Senate, subject to a declassification review. “(2) Inspector general audit .— Not less frequently than annually, the Department of Justice Office of the Inspector General shall audit a sampling of the targeting decisions reviewed by the National Security Division under paragraph (1) and submit a report to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and of the Senate. “(3) Certification .— Within 180 days of enactment of this Act [ Apr. 20, 2024 ], and annually thereafter, each agency authorized to target non-United States persons under section 702 shall certify to Congress that the purpose of each targeting decision made in the prior year was not to target a known United States person. “(4) Application .— The requirements under this subsection apply for any year to the extent that section 702 of the Foreign Intelligence Surveillance Act of 1978 was in effect during any portion of the previous year.”
Pub. L. 118–49, § 16(a)(2), Apr. 20, 2024, 138 Stat. 883, provided that:
“Not later than 90 days after the date of the enactment of this Act [ Apr. 20, 2024 ], the Director of the Federal Bureau of Investigation shall issue the minimum accountability standards required under subsection (f)(4) of section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a [(f)(4)]).”
Pub. L. 118–49, § 18(a), Apr. 20, 2024, 138 Stat. 884, provided that:
“If the Director of National Intelligence becomes aware of an actual or potential significant unauthorized disclosure or compromise of information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as soon as practicable, but not later than 7 days after the date on which the Director becomes so aware, the Director shall notify the congressional intelligence committees of such actual or potential disclosure or compromise.”
Pub. L. 118–49, § 21, Apr. 20, 2024, 138 Stat. 892, provided that:
“Notwithstanding any orders or authorizations issued or made under section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) during the period beginning on January 1, 2024 and ending on April 30, 2024 , no later than 90 days after the date of enactment of this Act [ Apr. 20, 2024 ], the Attorney General and the Director of National Intelligence shall be required to seek new orders consistent with the provisions of the Foreign Intelligence Surveillance Act of 1978 [ 50 U.S.C. 1801 et seq.], as amended by this Act, and thereafter to issue new authorizations consistent with such new orders.”
Pub. L. 115–118, title I, § 103(b), Jan. 19, 2018, 132 Stat. 10, which required the Attorney General and Director of National Intelligence to provide written notice to Congress of the intent to implement authorization of the intentional acquisition of abouts communication and provided for a 30-day congressional review period and exception for emergency acquisition, was repealed by Pub. L. 118–49, § 22(b)(2)(A), Apr. 20, 2024, 138 Stat. 892.
The Foreign Intelligence Surveillance Court shall have jurisdiction to review an application and to enter an order approving the targeting of a United States person reasonably believed to be located outside the United States to acquire foreign intelligence information, if the acquisition constitutes electronic surveillance or the acquisition of stored electronic communications or stored electronic data that requires an order under this chapter, and such acquisition is conducted within the United States.
If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States while an order issued pursuant to subsection (c) is in effect. Nothing in this section shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.
Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements of such application, as set forth in this section, and shall include—
the identity of the Federal officer making the application;
the identity, if known, or a description of the United States person who is the target of the acquisition;
a sworn statement of the facts and circumstances relied upon to justify the applicant’s belief that the United States person who is the target of the acquisition is—
a person reasonably believed to be located outside the United States; and
a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;
a description of the nature of the information sought and the type of communications or activities to be subjected to acquisition;
a certification made by the Attorney General or an official specified in section 1804(a)(6) of this title that—
the certifying official deems the information sought to be foreign intelligence information;
a significant purpose of the acquisition is to obtain foreign intelligence information;
such information cannot reasonably be obtained by normal investigative techniques;
designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title; and
includes a statement of the basis for the certification that—
the information sought is the type of foreign intelligence information designated; and
such information cannot reasonably be obtained by normal investigative techniques;
a summary statement of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition;
the identity of any electronic communication service provider necessary to effect the acquisition, provided that the application is not required to identify the specific facilities, places, premises, or property at which the acquisition authorized under this section will be directed or conducted;
a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application;
a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application;
a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—
call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
otherwise raise doubts with respect to the findings required under subsection (c); and
non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
The Attorney General may require any other affidavit or certification from any other officer in connection with the application.
The judge may require the applicant to furnish such other information as may be necessary to make the findings required by subsection (c)(1).
Upon an application made pursuant to subsection (b), the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court approving the acquisition if the Court finds that—
the application has been made by a Federal officer and approved by the Attorney General;
on the basis of the facts submitted by the applicant, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is—
a person reasonably believed to be located outside the United States; and
a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;
the application that has been filed contains all statements and certifications required by subsection (b) and the certification or certifications are not clearly erroneous on the basis of the statement made under subsection (b)(1)(F)(v) and any other information furnished under subsection (b)(3).
In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that required to make the findings described in paragraph (1).
If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause under paragraph (1)(B), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).
If the judge determines that the proposed minimization procedures referred to in paragraph (1)(C) do not meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).
If the judge determines that an application pursuant to subsection (b) does not contain all of the required elements, or that the certification or certifications are clearly erroneous on the basis of the statement made under subsection (b)(1)(F)(v) and any other information furnished under subsection (b)(3), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).
An order approving an acquisition under this subsection shall specify—
the identity, if known, or a description of the United States person who is the target of the acquisition identified or described in the application pursuant to subsection (b)(1)(B);
if provided in the application pursuant to subsection (b)(1)(H), the nature and location of each of the facilities or places at which the acquisition will be directed;
the nature of the information sought to be acquired and the type of communications or activities to be subjected to acquisition;
a summary of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; and
the period of time during which the acquisition is approved.
An order approving an acquisition under this subsection shall direct—
that the minimization procedures referred to in paragraph (1)(C), as approved or modified by the Court, be followed;
if applicable, an electronic communication service provider to provide to the Government forthwith all information, facilities, or assistance necessary to accomplish the acquisition authorized under such order in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition;
if applicable, an electronic communication service provider to maintain under security procedures approved by the Attorney General any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain; and
if applicable, that the Government compensate, at the prevailing rate, such electronic communication service provider for providing such information, facilities, or assistance.
An order approved under this subsection shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b).
At or prior to the end of the period of time for which an acquisition is approved by an order or extension under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.
Notwithstanding any other provision of this chapter, if the Attorney General reasonably determines that—
the Attorney General may authorize such acquisition if a judge having jurisdiction under subsection (a)(1) is informed by the Attorney General, or a designee of the Attorney General, at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition.
an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order authorizing such acquisition can with due diligence be obtained, and
the factual basis for issuance of an order under this subsection to approve such acquisition exists,
If the Attorney General authorizes an acquisition under paragraph (1), the Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) for the issuance of a judicial order be followed.
In the absence of a judicial order approving an acquisition under paragraph (1), such acquisition shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
If an application for approval submitted pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order is issued approving the acquisition, no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with an order or request for emergency assistance issued pursuant to subsection (c) or (d), respectively.
The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph.
The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.
Except as provided in this section, nothing in this chapter shall be construed to require an application for a court order for an acquisition that is targeted in accordance with this section at a United States person reasonably believed to be located outside the United States.
Amendment by section 6(a)(3) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(a)(5) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(a)(5)(A) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(b)(5)(A) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
The Foreign Intelligence Surveillance Court shall have jurisdiction to enter an order pursuant to subsection (c).
No element of the intelligence community may intentionally target, for the purpose of acquiring foreign intelligence information, a United States person reasonably believed to be located outside the United States under circumstances in which the targeted United States person has a reasonable expectation of privacy and a warrant would be required if the acquisition were conducted inside the United States for law enforcement purposes, unless a judge of the Foreign Intelligence Surveillance Court has entered an order with respect to such targeted United States person or the Attorney General has authorized an emergency acquisition pursuant to subsection (c) or (d), respectively, or any other provision of this chapter.
If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States during the effective period of such order.
If an acquisition for foreign intelligence purposes is to be conducted inside the United States and could be authorized under section 1881b of this title , the acquisition may only be conducted if authorized under section 1881b of this title or in accordance with another provision of this chapter other than this section.
Nothing in this paragraph shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.
Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements of such application as set forth in this section and shall include—
the identity of the Federal officer making the application;
the identity, if known, or a description of the specific United States person who is the target of the acquisition;
a sworn statement of the facts and circumstances relied upon to justify the applicant’s belief that the United States person who is the target of the acquisition is—
a person reasonably believed to be located outside the United States; and
a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;
a certification made by the Attorney General, an official specified in section 1804(a)(6) of this title, or the head of an element of the intelligence community that—
the certifying official deems the information sought to be foreign intelligence information; and
a significant purpose of the acquisition is to obtain foreign intelligence information;
a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application;
a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application;
a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—
call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
otherwise raise doubts with respect to the findings required under subsection (c); and
non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
Upon an application made pursuant to subsection (b), the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court if the Court finds that—
the application has been made by a Federal officer and approved by the Attorney General;
on the basis of the facts submitted by the applicant, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is—
a person reasonably believed to be located outside the United States; and
a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;
the application that has been filed contains all statements and certifications required by subsection (b) and the certification provided under subsection (b)(5) is not clearly erroneous on the basis of the information furnished under subsection (b).
In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that required to make the findings described in paragraph (1). The judge shall not have jurisdiction to review the means by which an acquisition under this section may be conducted.
If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause to issue an order under this subsection, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).
If the judge determines that the minimization procedures applicable to dissemination of information obtained through an acquisition under this subsection do not meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).
If the judge determines that an application under subsection (b) does not contain all the required elements, or that the certification provided under subsection (b)(5) is clearly erroneous on the basis of the information furnished under subsection (b), the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).
An order under this paragraph shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b).
At or prior to the end of the period of time for which an order or extension is granted under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was disseminated, provided that the judge may not inquire into the circumstances relating to the conduct of the acquisition.
Notwithstanding any other provision of this section, if the Attorney General reasonably determines that—
the Attorney General may authorize the emergency acquisition if a judge having jurisdiction under subsection (a)(1) is informed by the Attorney General or a designee of the Attorney General at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition.
an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order under that subsection can, with due diligence, be obtained, and
the factual basis for the issuance of an order under this section exists,
If the Attorney General authorizes an emergency acquisition under paragraph (1), the Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) be followed.
In the absence of an order under subsection (c), an emergency acquisition under paragraph (1) shall terminate when the information sought is obtained, if the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
If an application submitted to the Court pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order with respect to the target of the acquisition is issued under subsection (c), no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph.
The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.
Amendment by section 6(a)(4) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(a)(5) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(a)(5)(B) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Amendment by section 10(b)(5)(B) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
If an acquisition targeting a United States person under section 1881b or 1881c of this title is proposed to be conducted both inside and outside the United States, a judge having jurisdiction under section 1881b(a)(1) or 1881c(a)(1) of this title may issue simultaneously, upon the request of the Government in a joint application complying with the requirements of sections 1881b(b) and 1881c(b) of this title, orders under sections 1881b(c) and 1881c(c) of this title, as appropriate.
If an order authorizing electronic surveillance or physical search has been obtained under section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of that order, without an order under section 1881b or 1881c of this title, the targeting of that United States person for the purpose of acquiring foreign intelligence information while such person is reasonably believed to be located outside the United States.
If the Attorney General authorized the emergency employment of electronic surveillance or a physical search pursuant to section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of the emergency authorization and subsequent order pursuant to section 1805 or 1824 of this title, without a separate order under section 1881b or 1881c of this title, the targeting of a United States person subject to such emergency employment for the purpose of acquiring foreign intelligence information while such United States person is reasonably believed to be located outside the United States.
If an application submitted to the Court pursuant to section 1804 or 1823 of this title is denied, or in any other case in which the acquisition pursuant to paragraph (1) is terminated and no order with respect to the target of the acquisition is issued under section 1805 or 1824 of this title, all information obtained or evidence derived from such acquisition shall be handled in accordance with section 1881c(d)(4) of this title .
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
Any information concerning a United States person acquired under section 1881a of this title shall not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding unless—
the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 1881a(f)(2) of this title; or
the Attorney General determines that—
the criminal proceeding affects, involves, or is related to the national security of the United States; or
the criminal proceeding involves—
death;
kidnapping;
serious bodily injury, as defined in section 1365 of title 18;
conduct that constitutes a criminal offense that is a specified offense against a minor, as defined in section 20911 of title 34;
incapacitation or destruction of critical infrastructure, as defined in section 5195c(e) of title 42;
cybersecurity, including conduct described in section 5195c(e) of title 42 or section 1029, 1030, or 2511 of title 18;
transnational crime, including transnational narcotics trafficking and transnational organized crime; or
human trafficking.
A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review.
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this subchapter.
Each report under subsection (a) shall include—
with respect to section 1881a of this title—
any certifications submitted in accordance with section 1881a(h) of this title during the reporting period;
with respect to each determination under section 1881a(c)(2) of this title, the reasons for exercising the authority under such section;
any directives issued under section 1881a(i) of this title during the reporting period;
a description of the judicial review during the reporting period of such certifications and targeting and minimization procedures adopted in accordance with subsections (d) and (e) of section 1881a of this title and utilized with respect to an acquisition under such section, including a copy of an order or pleading in connection with such review that contains a significant legal interpretation of the provisions of section 1881a of this title;
any actions taken to challenge or enforce a directive under paragraph (4) or (5) of section 1881a(i) of this title;
any compliance reviews conducted by the Attorney General or the Director of National Intelligence of acquisitions authorized under section 1881a(a) of this title;
a description of any incidents of noncompliance—
with a directive issued by the Attorney General and the Director of National Intelligence under section 1881a(i) of this title, including incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issued a directive under section 1881a(i) of this title; and
by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), (f)(1), and (g) of section 1881a of this title; and
any procedures implementing section 1881a of this title;
with respect to section 1881b of this title—
the total number of applications made for orders under section 1881b(b) of this title;
the total number of such orders—
granted;
modified; and
denied; and
the total number of emergency acquisitions authorized by the Attorney General under section 1881b(d) of this title and the total number of subsequent orders approving or denying such acquisitions; and
with respect to section 1881c of this title—
the total number of applications made for orders under section 1881c(b) of this title;
the total number of such orders—
granted;
modified; and
denied; and
the total number of emergency acquisitions authorized by the Attorney General under section 1881c(d) of this title and the total number of subsequent orders approving or denying such applications.
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
Nothing in this subchapter shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
A person is guilty of an offense under this section if that person knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information that contains the contents of any communication acquired under this subchapter to which a known United States person is a party.
A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 8 years, or both.
There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective June 12, 2026.
SUBCHAPTER VII— PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
In this subchapter:
The term “assistance” means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.
The term “civil action” includes a covered civil action.
The term “congressional intelligence committees” means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives.
The term “contents” has the meaning given that term in section 1801(n) of this title .
The term “covered civil action” means a civil action filed in a Federal or State court that—
alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and
seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.
The term “electronic communication service provider” means—
a telecommunications carrier, as that term is defined in section 153 of title 47;
a provider of electronic communication service, as that term is defined in section 2510 of title 18;
a provider of a remote computing service, as that term is defined in section 2711 of title 18;
any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;
any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as—
a public accommodation facility, as that term is defined in section 1861(4) of this title;
a dwelling, as that term is defined in section 3602 of title 42;
a community facility, as that term is defined in section 1592n of title 42; or
a food service establishment, as that term is defined in section 1638 of title 7;
a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D);
an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F).
The term “intelligence community” has the meaning given the term in section 3003(4) of this title .
The term “person” means—
an electronic communication service provider; or
a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to—
an order of the court established under section 1803(a) of this title directing such assistance;
a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18; or
a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title.
The term “State” means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.
Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—
any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;
any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;
any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;
in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—
in connection with an intelligence activity involving communications that was—
authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and
designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and
the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—
authorized by the President; and
determined to be lawful; or
the person did not provide the alleged assistance.
A certification under subsection (a) shall be given effect unless the court finds that such certification is not supported by substantial evidence provided to the court pursuant to this section.
In its review of a certification under subsection (a), the court may examine the court order, certification, written request, or directive described in subsection (a) and any relevant court order, certification, written request, or directive submitted pursuant to subsection (d).
If the Attorney General files a declaration under section 1746 of title 28 that disclosure of a certification made pursuant to subsection (a) or the supplemental materials provided pursuant to subsection (b) or (d) would harm the national security of the United States, the court shall—
review such certification and the supplemental materials in camera and ex parte; and
limit any public disclosure concerning such certification and the supplemental materials, including any public order following such in camera and ex parte review, to a statement as to whether the case is dismissed and a description of the legal standards that govern the order, without disclosing the paragraph of subsection (a) that is the basis for the certification.
Any plaintiff or defendant in a civil action may submit any relevant court order, certification, written request, or directive to the district court referred to in subsection (a) for review and shall be permitted to participate in the briefing or argument of any legal issue in a judicial proceeding conducted pursuant to this section, but only to the extent that such participation does not require the disclosure of classified information to such party. To the extent that classified information is relevant to the proceeding or would be revealed in the determination of an issue, the court shall review such information in camera and ex parte, and shall issue any part of the court’s written order that would reveal classified information in camera and ex parte and maintain such part under seal.
The authority and duties of the Attorney General under this section shall be performed by the Attorney General (or Acting Attorney General) or the Deputy Attorney General.
The courts of appeals shall have jurisdiction of appeals from interlocutory orders of the district courts of the United States granting or denying a motion to dismiss or for summary judgment under this section.
A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28 .
Nothing in this section shall be construed to limit any otherwise available immunity, privilege, or defense under any other provision of law.
This section shall apply to a civil action pending on or filed after July 10, 2008 .
No State shall have authority to—
conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the intelligence community;
require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intelligence community;
impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or
commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.
The United States may bring suit to enforce the provisions of this section.
The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section.
This section shall apply to any investigation, action, or proceeding that is pending on or commenced after July 10, 2008 .
Not less frequently than once every 6 months, the Attorney General shall, in a manner consistent with national security, the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, fully inform the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives concerning the implementation of this subchapter.
Each report made under subsection (a) shall include—
any certifications made under section 1885a of this title;
a description of the judicial review of the certifications made under section 1885a of this title; and
any actions taken to enforce the provisions of section 1885b of this title.
CHAPTER 37— NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS
This chapter may be cited as the “David L. Boren National Security Education Act of 1991”.
The Congress makes the following findings:
The security of the United States is and will continue to depend on the ability of the United States to exercise international leadership.
The ability of the United States to exercise international leadership is, and will increasingly continue to be, based on the political and economic strength of the United States, as well as on United States military strength around the world.
Recent changes in the world pose threats of a new kind to international stability as Cold War tensions continue to decline while economic competition, regional conflicts, terrorist activities, and weapon proliferations have dramatically increased.
The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to communicate and compete by knowing the languages and cultures of other countries.
The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment.
The Federal Government also has an interest in taking actions to alleviate the problem of American undergraduate and graduate students being inadequately prepared to meet the challenges posed by increasing global interaction among nations.
American colleges and universities must place a new emphasis on improving the teaching of foreign languages, area studies, counterproliferation studies, and other international fields to help meet those challenges.
The purposes of this chapter are as follows:
To provide the necessary resources, accountability, and flexibility to meet the national security education needs of the United States, especially as such needs change over time.
To increase the quantity, diversity, and quality of the teaching and learning of subjects in the fields of foreign languages, area studies, counterproliferation studies, and other international fields that are critical to the Nation’s interest.
To produce an increased pool of applicants for work in the departments and agencies of the United States Government with national security responsibilities.
To expand, in conjunction with other Federal programs, the international experience, knowledge base, and perspectives on which the United States citizenry, Government employees, and leaders rely.
To permit the Federal Government to advocate the cause of international education.
The Secretary of Defense shall carry out a program for—
awarding scholarships to undergraduate students who—
are United States citizens in order to enable such students to study, for at least one academic semester or equivalent term, in foreign countries that are critical countries (as determined under section 1903(d)(4)(A) of this title) in those languages and study areas where deficiencies exist (as identified in the assessments undertaken pursuant to section 1906(d) of this title); and
pursuant to subsection (b)(2)(A), enter into an agreement to work in a national security position or work in the field of higher education in the area of study for which the scholarship was awarded;
awarding fellowships to graduate students who—
are United States citizens to enable such students to pursue education as part of a graduate degree program of a United States institution of higher education in the disciplines of foreign languages, area studies, counterproliferation studies, and other international fields relating to the national security interests of the United States that are critical areas of those disciplines (as determined under section 1903(d)(4)(B) of this title) and in which deficiencies exist (as identified in the assessments undertaken pursuant to section 1906(d) of this title); and
pursuant to subsection (b)(2)(B), enter into an agreement to work in a national security position or work in the field of education in the area of study for which the fellowship was awarded;
awarding grants to institutions of higher education to enable such institutions to establish, operate, or improve programs in foreign languages, area studies, counterproliferation studies, and other international fields that are critical areas of those disciplines (as determined under section 1903(d)(4)(C) of this title);
awarding grants to institutions of higher education to carry out activities under the National Flagship Language Initiative (described in subsection (i)); and
awarding scholarships to students who—
to enable such students to pursue English language studies at an institution of higher education of the United States to attain proficiency in those skills; and
are United States citizens who—
are native speakers (referred to as “heritage community citizens”) of a foreign language that is identified as critical to the national security interests of the United States who should be actively recruited for employment by Federal security agencies with a need for linguists; and
are not proficient at a professional level in the English language with respect to reading, writing, and other skills required to carry out the national security interests of the United States, as determined by the Secretary,
enter into an agreement to work in a position in a similar manner (as determined by the Secretary) as agreements entered into pursuant to subsection (b)(2)(A).
Of the amount available for obligation out of the National Security Education Trust Fund or from a transfer under section 1910(c) of this title for any fiscal year for the purposes stated in paragraph (1), the Secretary shall have a goal of allocating—
The funding allocation under this paragraph shall not apply to grants under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i) or for the scholarship program under paragraph (1)(E). For the authorization of appropriations for the National Flagship Language Initiative, see section 1911 of this title. For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 1912 of this title.
⅓ of such amount for the awarding of scholarships pursuant to paragraph (1)(A);
⅓ of such amount for the awarding of fellowships pursuant to paragraph (1)(B); and
⅓ of such amount for the awarding of grants pursuant to paragraph (1)(C).
The program required under this chapter shall be carried out in consultation with the National Security Education Board established under section 1903 of this title .
The Secretary may enter into one or more contracts, with private national organizations having an expertise in foreign languages, area studies, counterproliferation studies, and other international fields, for the awarding of the scholarships, fellowships, and grants described in paragraph (1) in accordance with the provisions of this chapter. The Secretary may enter into such contracts without regard to section 6101 of title 41 or any other provision of law that requires the use of competitive procedures. In addition, the Secretary may enter into personal service contracts for periods up to one year for program administration, except that not more than 10 such contracts may be in effect at any one time.
In awarding a scholarship or fellowship under the program, the Secretary or contract organization referred to in subsection (a)(4), as the case may be, shall require a recipient of any fellowship or any scholarship to enter into an agreement that, in return for such assistance, the recipient—
will maintain satisfactory academic progress, as determined in accordance with regulations issued by the Secretary, and agrees that failure to maintain such progress shall constitute grounds upon which the Secretary or contract organization referred to in subsection (a)(4) may terminate such assistance;
will (in accordance with regulations prescribed by the Secretary of Defense in coordination with the heads of the other Federal departments and agencies concerned) begin work not later than three years after the recipient’s completion of degree study during which scholarship assistance was provided under the program—
for not less than one year in a position certified by the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State (as appropriate), as contributing to the national security of the United States in the Department of Defense, any element of the intelligence community, the Department of Homeland Security, or the Department of State;
for not less than one year in a position in a Federal agency or office that is identified by the Secretary of Defense under subsection (g) as having national security responsibilities if the recipient demonstrates to the Secretary that no position is available in the departments and agencies covered by clause (i); or
for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); or
will (in accordance with such regulations) begin work not later than two years after the recipient’s completion or termination of study for which fellowship assistance was provided under the program—
for not less than one year in a position certified by the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State (as appropriate), as contributing to the national security of the United States in the Department of Defense, any element of the intelligence community, the Department of Homeland Security, or the Department of State;
for not less than one year in a position in a Federal agency or office that is identified by the Secretary of Defense under subsection (g) as having national security responsibilities if the recipient demonstrates to the Secretary that no position is available in the departments and agencies covered by clause (i); or
for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); and
if the recipient fails to meet either of the obligations set forth in paragraph (1) or (2), will reimburse the United States Government for the amount of the assistance provided the recipient under the program, together with interest at a rate determined in accordance with regulations issued by the Secretary.
The Secretary shall, through the National Security Education Program office, administer a test of the foreign language skills of each recipient of a scholarship or fellowship under this chapter before the commencement of the study or education for which the scholarship or fellowship is awarded and after the completion of such study or education. The purpose of these tests is to evaluate the progress made by recipients of scholarships and fellowships in developing foreign language skills as a result of assistance under this chapter.
In selecting the recipients for awards of scholarships, fellowships, or grants pursuant to this chapter, the Secretary or a contract organization referred to in subsection (a)(4), as the case may be, shall take into consideration (1) the extent to which the selections will result in there being an equitable geographic distribution of such scholarships, fellowships, or grants (as the case may be) among the various regions of the United States, and (2) the extent to which the distribution of scholarships and fellowships to individuals reflects the cultural, racial, and ethnic diversity of the population of the United States.
The Secretary shall award scholarships, fellowships, and grants under the program based upon a merit review process.
No person who receives a grant, scholarship, or fellowship or any other type of assistance under this chapter shall, as a condition of receiving such assistance or under any other circumstances, be used by any department, agency, or entity of the United States Government engaged in intelligence activities to undertake any activity on its behalf during the period such person is pursuing a program of education for which funds are provided under the program carried out under this chapter.
The Secretary, in consultation with the Board, shall annually determine and develop a list identifying each agency or office of the Federal Government having national security responsibilities at which a recipient of a fellowship or scholarship under this chapter will be able to make the recipient’s foreign area and language skills available to such agency or office. The Secretary shall submit the first such list to the Congress and include each subsequent list in the annual report to the Congress, as required by section 1906(b)(6) of this title.
Notwithstanding section 1904 of this title, funds may not be made available from the Fund to carry out this chapter for fiscal year 1997 until 30 days after the date on which the Secretary of Defense submits to the Congress the first such list required by paragraph (1).
The Secretary of Defense may—
appoint or retain a person provided scholarship or fellowship assistance under the program in a position in the Department of Defense on an interim basis during the period of the person’s pursuit of a degree under the program and for a period not to exceed two years after completion of the degree, but only if, in the case of the period after completion of the degree, there is an active investigation to provide security clearance to the person for an appropriate permanent position in the Department of Defense under subsection (b)(2); and
if there is no appropriate permanent position available for the person after the end of the periods described in subparagraph (A), separate the person from employment with the Department without regard to any other provision of law, in which event the service agreement of the person under subsection (b) shall terminate.
The period of service of a person covered by paragraph (1) in a position on an interim basis under that paragraph shall, after completion of the degree, be treated as a period of service for purposes of satisfying the obligated service requirements of the person under the service agreement of the person under subsection (b).
The Secretary shall provide for the admission of award recipients to the Foreign Language Center of the Defense Language Institute (hereinafter in this subsection referred to as the “Center”). An award recipient may apply a portion of the applicable scholarship or fellowship award for instruction at the Center on a space-available basis as a Department of Defense sponsored program to defray the additive instructional costs.
Except as the Secretary determines necessary, an award recipient who receives instruction at the Center shall be subject to the same regulations with respect to attendance, discipline, discharge, and dismissal as apply to other persons attending the Center.
In this subsection, the term “award recipient” means an undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has been awarded a fellowship under subsection (a)(1)(B) who—
is in good standing;
has completed all academic study in a foreign country, as provided for under the scholarship or fellowship; and
would benefit from instruction provided at the Center.
Under the National Flagship Language Initiative, institutions of higher education shall establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the national security of the United States.
An undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has been awarded a fellowship under subsection (a)(1)(B) may participate in the activities carried out under the National Flagship Language Initiative.
An institution of higher education that receives a grant pursuant to subsection (a)(1)(D) shall give special consideration to applicants who are employees of the Federal Government.
For purposes of this subsection, the Foreign Language Center of the Defense Language Institute and any other educational institution that provides training in foreign languages operated by the Department of Defense or an agency in the intelligence community is deemed to be an institution of higher education, and may carry out the types of activities permitted under the National Flagship Language Initiative.
An undergraduate or graduate student who participates in training in a program under paragraph (1) and has not already entered into a service agreement under subsection (b) shall enter into a service agreement under subsection (b) applicable to an undergraduate or graduate student, as the case may be, with respect to participation in such training in a program under paragraph (1).
An employee of a department or agency of the Federal Government who participates in training in a program under paragraph (1) shall agree in writing—
to continue in the service of the department or agency of the Federal Government employing the employee for the period of such training;
to continue in the service of such department or agency, following completion by the employee of such training, for a period of two years for each year, or part of the year, of such training;
if, before the completion by the employee of such training, the employment of the employee is terminated by such department or agency due to misconduct by the employee, or by the employee voluntarily, to reimburse the United States for the total cost of such training (excluding the employee’s pay and allowances) provided to the employee; and
if, after the completion by the employee of such training but before the completion by the employee of the period of service required by clause (ii), the employment of the employee by such department or agency is terminated either by such department or agency due to misconduct by the employee, or by the employee voluntarily, to reimburse the United States in an amount that bears the same ratio to the total cost of such training (excluding the employee’s pay and allowances) provided to the employee as the unserved portion of such period of service bears to the total period of service required by clause (ii).
Subject to subparagraph (C), the obligation to reimburse the United States under an agreement under subparagraph (A) is for all purposes a debt owing the United States.
The head of the element of the intelligence community concerned may release an employee, in whole or in part, from the obligation to reimburse the United States under an agreement under subparagraph (A) when, in the discretion of the head of the element, the head of the element determines that equity or the interests of the United States so require.
The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities—
may, without regard to any provision of title 5, governing appointments in the competitive service, appoint an eligible program participant—
to a position in the excepted service that is certified by the Secretary of Defense under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or
subject to clause (ii) of such subsection, to a position in the excepted service in such Federal agency or office identified by the Secretary; and
may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of subparagraph (A), convert the appointment of such individual, without competition, to a career or career-conditional appointment.
In the case of an eligible program participant described in clause (ii) or (iii) of paragraph (4)(C) who receives an appointment under paragraph (1)(A), the head of a Department or Federal agency or office referred to in paragraph (1) may count any period that the individual served in a position with the Federal Government toward satisfaction of the service requirement under paragraph (1)(B) if that service—
in the case of an appointment under clause (i) of paragraph (1)(A), was in a position that is identified under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or
in the case of an appointment under clause (ii) of paragraph (1)(A), was in the Federal agency or office in which the appointment under that clause is made.
In the case of an individual whose appointment to a position in the excepted service is converted to a career or career-conditional appointment under paragraph (1)(B), the period of service described in such paragraph shall be treated, for purposes of the service requirements for career tenure under title 5, as if it were service in a position under a career or career-conditional appointment.
In this subsection, the term “eligible program participant” means an individual who—
has successfully completed an academic program for which a scholarship or fellowship under this section was awarded;
has not previously been appointed to the excepted service position under paragraph (1)(A); and
at the time of the appointment of the individual to an excepted service position under paragraph (1)(A)—
under the terms of the agreement for such scholarship or fellowship, owes a service commitment to a Department or Federal agency or office referred to in paragraph (1);
is employed by the Federal Government under a non-permanent appointment to a position in the excepted service that has national security responsibilities; or
is a former civilian employee of the Federal Government who has less than a one-year break in service from the last period of Federal employment of such individual in a non-permanent appointment in the excepted service with national security responsibilities.
Pub. L. 108–487, title VI, § 602(a)(2), Dec. 23, 2004, 118 Stat. 3953, provided that:
“The amendment made by paragraph (1) [amending this section] shall apply to training under section 802(i) [now 802(j)] of the David L. Boren National Security Act of 1991 [ 50 U.S.C. 1902(i) , now 1902(j)] that begins on or after the date that is 90 days after the date of the enactment of this Act [ Dec. 23, 2004 ].”
Amendment by Pub. L. 108–487 effective Dec. 23, 2004, except as otherwise provided, see section 801 of Pub. L. 108–487, set out as a note under section 2656f of Title 22, Foreign Relations and Intercourse.
Pub. L. 108–136, div. A, title IX, § 925(b), Nov. 24, 2003, 117 Stat. 1578, provided that:
“(1) The amendment made by subsection (a) [amending this section] shall apply with respect to service agreements entered into under the David L. Boren National Security Education Act of 1991 [ 50 U.S.C. 1901 et seq.] on or after the date of the enactment of this Act [ Nov. 24, 2003 ]. “(2) The amendment made by subsection (a) shall not affect the force, validity, or terms of any service agreement entered into under the David L. Boren National Security Education Act of 1991 before the date of the enactment of this Act that is in force as of that date.”
Pub. L. 107–306, title III, § 333(c), Nov. 27, 2002, 116 Stat. 2397, provided that:
“The amendments made by this section [enacting section 1911 of this title and amending this section and section 1903 of this title ] shall take effect on the date the Secretary of Defense submits the report required under section 334 of this Act [ 116 Stat. 2397 ] and notifies the appropriate committees of Congress (as defined in subsection (c) of that section) that the programs carried out under the David L. Boren National Security Education Act of 1991 [ 50 U.S.C. 1901 et seq.] are being managed in a fiscally and programmatically sound manner.”
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Pub. L. 107–306, title III, § 333(d), Nov. 27, 2002, 116 Stat. 2397, provided that:
“Nothing in this section [enacting section 1911 of this title , amending this section and section 1903 of this title , and enacting provisions set out as notes under this section] shall be construed as affecting any program or project carried out under the David L. Boren National Security Education Act of 1991 [ 50 U.S.C. 1901 et seq.] as in effect on the date that precedes the date of the enactment of this Act [ Nov. 27, 2002 ].”
Pub. L. 118–31, div. G, title IX, § 7901(k), Dec. 22, 2023, 137 Stat. 1107, provided that:
“For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section [amending this section and sections 1903, 1908, 2021, 2093, 2111, 2154, 3024, 3093, 3164, 3232a, 3334 l , 3341, 3361, 3363, 3381, 3505, 3507, 3512, 3517, 3519, 3519a, and 3614 of this title and provisions set out as a note under section 3024 of this title ] shall be treated as having been enacted immediately before any such amendments by other provisions of this Act [see Tables for classification].”
Pub. L. 108–487, title VI, § 602(c), Dec. 23, 2004, 118 Stat. 3953, provided that:
“The Secretary of Defense shall take such actions as the Secretary considers appropriate to increase the number of qualified educational institutions that receive grants under the National Flagship Language Initiative under section 802(i) of the David L. Boren National Security Education Act of 1991 [ 50 U.S.C. 1902(i) ] to establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical to the national security of the United States.”
Pub. L. 108–487, title VI, § 602(d), Dec. 23, 2004, 118 Stat. 3953, provided that:
“Educational institutions that receive grants under the National Flagship Language Initiative may support students who pursue total immersion foreign language studies overseas of foreign languages that are critical to the national security of the United States.”
The Secretary of Defense shall establish a National Security Education Board.
The Board shall be composed of the following individuals or the representatives of such individuals:
The Secretary of Defense, who shall serve as the chairman of the Board.
The Secretary of Education.
The Secretary of State.
The Secretary of Commerce.
The Secretary of Homeland Security.
The Secretary of Energy.
The Director of National Intelligence.
The Chairperson of the National Endowment for the Humanities.
Six individuals appointed by the President, who shall be experts in the fields of international, language, area, and counterproliferation studies education and who may not be officers or employees of the Federal Government.
Each individual appointed to the Board pursuant to subsection (b)(7) shall be appointed for a period specified by the President at the time of the appointment, but not to exceed four years. Such individuals shall receive no compensation for service on the Board but may receive reimbursement for travel and other necessary expenses.
The Board shall perform the following functions:
Develop criteria for awarding scholarships, fellowships, and grants under this chapter, including an order of priority in such awards that favors individuals expressing an interest in national security issues or pursuing a career in a national security position.
Provide for wide dissemination of information regarding the activities assisted under this chapter.
Establish qualifications for students desiring scholarships or fellowships, and institutions of higher education desiring grants, under this chapter, including, in the case of students desiring a scholarship or fellowship, a requirement that the student have a demonstrated commitment to the study of the discipline for which the scholarship or fellowship is to be awarded.
After taking into account the annual analyses of trends in language, international, area, and counterproliferation studies under section 1906(b)(1) of this title, make recommendations to the Secretary regarding—
which countries are not emphasized in other United States study abroad programs, such as countries in which few United States students are studying and countries which are of importance to the national security interests of the United States, and are, therefore, critical countries for the purposes of section 1902(a)(1)(A) of this title;
which areas within the disciplines described in section 1902(a)(1)(B) of this title relating to the national security interests of the United States are areas of study in which United States students are deficient in learning and are, therefore, critical areas within those disciplines for the purposes of that section;
which areas within the disciplines described in section 1902(a)(1)(C) of this title are areas in which United States students, educators, and Government employees are deficient in learning and in which insubstantial numbers of United States institutions of higher education provide training and are, therefore, critical areas within those disciplines for the purposes of that section;
how students desiring scholarships or fellowships can be encouraged to work for an agency or office of the Federal Government involved in national security affairs or national security policy upon completion of their education; and
which foreign languages are critical to the national security interests of the United States for purposes of section 1902(a)(1)(D) of this title (relating to grants for the National Flagship Language Initiative) and section 1902(a)(1)(E) of this title (relating to the scholarship program for advanced English language studies by heritage community citizens).
Encourage applications for fellowships under this chapter from graduate students having an educational background in any academic discipline, particularly in the areas of science or technology.
Provide the Secretary biennially with a list of scholarship recipients and fellowship recipients, including an assessment of their foreign area and language skills, who are available to work in a national security position.
Not later than 30 days after a scholarship or fellowship recipient completes the study or education for which assistance was provided under the program, provide the Secretary with a report fully describing the foreign area and language skills obtained by the recipient as a result of the assistance.
Review the administration of the program required under this chapter.
To the extent provided by the Secretary of Defense, oversee and coordinate the activities of the National Language Service Corps under section 1913 of this title, including—
assessing on a periodic basis whether the Corps is addressing the needs identified by the heads of departments and agencies of the Federal Government for personnel with skills in various foreign languages;
recommending plans for the Corps to address foreign language shortfalls and requirements of the departments and agencies of the Federal Government;
recommending effective ways to increase public awareness of the need for foreign languages skills and career paths in the Federal Government that use those skills; and
overseeing the Corps efforts to work with Executive agencies and State and local governments to respond to interagency plans and agreements to address overall foreign language shortfalls and to utilize personnel to address the various types of crises that warrant foreign language skills.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Amendment by Pub. L. 107–306 effective on the date the Secretary of Defense submits the report required under section 334 of Pub. L. 107–306 and notifies the appropriate committees of Congress that the programs carried out under this chapter are being managed in a fiscally and programmatically sound manner, see section 333(c) of Pub. L. 107–306, set out as a note under section 1902 of this title.
Amendment by Pub. L. 105–277 effective on earlier of Oct. 1, 1999, or date of abolition of the United States Information Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of Title 22.
There is established in the Treasury of the United States a trust fund to be known as the “National Security Education Trust Fund”. The assets of the Fund consist of amounts appropriated to the Fund and amounts credited to the Fund under subsection (e).
Sums in the Fund shall, to the extent provided in appropriations Acts, be available—
for awarding scholarships, fellowships, and grants in accordance with the provisions of this chapter; and
for properly allocable costs of the Federal Government for the administration of the program under this chapter.
The Secretary of the Treasury shall invest in full the amount in the Fund that is not immediately necessary for expenditure. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of ⅛ of 1 percent, the rate of interest of such special obligations shall be the multiple of ⅛ of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchases of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest.
Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest.
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
Any amount paid to the United States under section 1902(b)(3) of this title shall be credited to and form a part of the Fund.
Any gifts of money shall be credited to and form a part of the Fund.
The Secretary may prescribe regulations to carry out the program required by this chapter. Before prescribing any such regulations, the Secretary shall submit a copy of the proposed regulations to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. Such proposed regulations may not take effect until 30 days after the date on which they are submitted to those committees.
In order to conduct the program required by this chapter, the Secretary may—
receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purpose of conducting the program required by this chapter; and
may use, sell, or otherwise dispose of such property for that purpose.
In order to conduct the program required by this chapter, the Secretary may accept and use the services of voluntary and noncompensated personnel.
Expenditures necessary to conduct the program required by this chapter shall be paid from the Fund, subject to section 1904(b) of this title .
The Secretary shall submit to the President and to the congressional intelligence committees an annual report of the conduct of the program required by this chapter.
The report submitted to the President shall be submitted each year at the time that the President’s budget for the next fiscal year is submitted to Congress pursuant to section 1105 of title 31.
The report submitted to the congressional intelligence committees shall be submitted on the date provided in section 3106 of this title.
Each such report shall contain—
an analysis of the trends within language, international, area, and counterproliferation studies, along with a survey of such areas as the Secretary determines are receiving inadequate attention;
the effect on those trends of activities under the program required by this chapter;
an analysis of the assistance provided under the program for the previous fiscal year, to include the subject areas being addressed and the nature of the assistance provided;
an analysis of the performance of the individuals who received assistance under the program during the previous fiscal year, to include the degree to which assistance was terminated under the program and the extent to which individual recipients failed to meet their obligations under the program;
an analysis of the results of the program for the previous fiscal year, and cumulatively, to include, at a minimum—
the percentage of individuals who have received assistance under the program who subsequently became employees of the United States Government;
in the case of individuals who did not subsequently become employees of the United States Government, an analysis of the reasons why they did not become employees and an explanation as to what use, if any, was made of the assistance by those recipients; and
the uses made of grants to educational institutions;
the current list of agencies and offices of the Federal Government required to be developed by section 1902(g) of this title; and
any legislative changes recommended by the Secretary to facilitate the administration of the program or otherwise to enhance its objectives.
The first report under this section shall be submitted at the time the budget for fiscal year 1994 is submitted to Congress.
During the preparation of each report required by subsection (a), the Secretary shall consult with the members of the Board specified in paragraphs (1) through (7) of section 1903(b) 1 1 See References in Text note below. of this title. Each such member shall submit to the Secretary an assessment of their hiring needs in the areas of language and area studies and a projection of the deficiencies in such areas. The Secretary shall include all assessments in the report required by subsection (a).
The conduct of the program required by this chapter may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property of the Department of Defense pertaining to such activities and necessary to facilitate the audit.
For the purpose of this chapter:
The term “Board” means the National Security Education Board established pursuant to section 1903 of this title.
The term “Fund” means the National Security Education Trust Fund established pursuant to section 1904 of this title.
The term “institution of higher education” has the meaning given that term by section 1001 of title 20.
The term “national security position” means a position—
having national security responsibilities in an agency or office of the Federal Government that has national security responsibilities, as determined under section 1902(g) of this title; and
in which the individual in such position makes their foreign language skills available to such agency or office.
The term “congressional intelligence committees” means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives.
Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.
There is hereby authorized to be appropriated to the Fund for fiscal year 1992 the sum of $150,000,000.
During fiscal year 1992, there may be obligated from the Fund such amounts as may be provided in appropriations Acts, not to exceed $35,000,000. Amounts made available for obligation from the Fund for fiscal year 1992 shall remain available until expended.
Amounts appropriated to carry out this chapter for fiscal years 1993 and 1994 shall remain available until expended.
There is authorized to be appropriated from, and may be obligated from, the Fund for each of the fiscal years 1995 and 1996 not more than the amount credited to the Fund in interest only for the preceding fiscal year under section 1904(e) of this title .
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each of fiscal years 2005 through 2021 $8,000,000 to carry out the scholarship, fellowship, and grant programs under subparagraphs (A), (B), and (C), respectively, of section 1902(a)(1) of this title .
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2022, $8,000,000, to carry out the scholarship, fellowship, and grant programs under subparagraphs (A), (B), and (C), respectively, of section 1902(a)(1) of this title .
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2020, $16,000,000, to carry out the grant program for the National Flagship Language Initiative under section 1902(a)(1)(D) of this title .
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each of fiscal years 2005 through 2021 $6,000,000 to carry out the grant program for the National Flagship Language Initiative under section 1902(a)(1)(D) of this title .
Amounts made available under this section shall remain available until expended.
Section effective on the date the Secretary of Defense submits the report required under section 334 of Pub. L. 107–306 and notifies the appropriate committees of Congress that the programs carried out under this chapter are being managed in a fiscally and programmatically sound manner, see section 333(c) of Pub. L. 107–306, set out as an Effective Date of 2002 Amendment note under section 1902 of this title.
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each of fiscal years 2005 through 2021 $2,000,000 to carry out the scholarship programs for English language studies by certain heritage community citizens under section 1902(a)(1)(E) of this title .
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2022, $2,000,000, to carry out the scholarship programs for English language studies by certain heritage community citizens under section 1902(a)(1)(E) of this title .
Amounts made available under this section shall remain available until expended.
The Secretary of Defense may establish and maintain within the Department of Defense a National Language Service Corps (in this section referred to as the “Corps”).
The purpose of the Corps is to provide a pool of nongovernmental personnel with foreign language skills who, as provided in regulations prescribed under this section, agree to provide foreign language services to the Department of Defense or another department or agency of the United States.
If the Secretary establishes the Corps, the Secretary shall provide for the National Security Education Board to oversee and coordinate the activities of the Corps to such extent and in such manner as determined by the Secretary under paragraph (9) of section 1903(d) of this title .
To be eligible for membership in the Corps, a person must be a citizen of the United States authorized by law to be employed in the United States, have attained the age of 18 years, and possess such foreign language skills as the Secretary considers appropriate for membership in the Corps.
The Secretary may provide members of the Corps such training as the Secretary prescribes for purposes of this section.
Upon a determination that it is in the national interests of the United States, the Secretary shall call upon members of the Corps to provide foreign language services to the Department of Defense or another department or agency of the United States. If a member of the Corps is, as of the time of such determination, employed by or performing under a contract for an element of another Federal agency, the Secretary shall first obtain the concurrence of the head of that agency.
The Secretary may impose fees, in amounts up to full-cost recovery, for language services and technical assistance rendered by members of the Corps. Amounts of fees received under this section shall be credited to the account of the Department providing funds for any costs incurred by the Department in connection with the Corps. Amounts so credited to such account shall be merged with amounts in such account, and shall be available to the same extent, and subject to the same conditions and limitations, as amounts in such account. Any amounts so credited shall remain available until expended.
The Secretary of Defense shall develop and implement a program to prepare United States students studying abroad through Department of Defense National Security Education Programs to recognize and protect themselves against recruitment efforts by intelligence agents.
Not later than 180 days after December 12, 2017 , the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the program required under subsection (a).
CHAPTER 38— CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SUBCHAPTER I— DEFINITIONS
When used in this chapter:
The term “Agency” means the Central Intelligence Agency.
The term “Director” means the Director of the Central Intelligence Agency.
The term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in section 2013 of this title .
The term “fund balance” means the sum of—
the investments of the fund calculated at par value; and
the cash balance of the fund on the books of the Treasury.
The term “unfunded liability” means the estimated amount by which—
the present value of all benefits payable from the fund exceeds
the sum of—
the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants;
the fund balance as of the date on which the unfunded liability is determined.
The term “normal cost” means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service.
The term “lump-sum credit” means the unrefunded amount consisting of retirement deductions made from a participant’s basic pay and amounts deposited by a participant covering earlier service, including any amounts deposited under section 2082(h) of this title .
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.
The term “employee” includes an officer of the Agency.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 103–178, title II, § 202(b), Dec. 3, 1993, 107 Stat. 2027, provided that:
“The amendments made by subsection (a) [amending this section and sections 2011, 2021, 2031, 2032, 2034, 2035, 2051, 2052, 2054, 2071, 2094, 2095, 2131, and 2154 of this title] shall take effect as of February 1, 1993 .”
Pub. L. 102–496, title VIII, § 805, Oct. 24, 1992, 106 Stat. 3254, provided that:
“The amendments made by sections 802 and 803 [enacting this chapter and amending sections 3514, 3518, 3519, and 3607 of this title, sections 8347 and 8423 of Title 5, Government Organization and Employees, and section 1605 of Title 10 , Armed Forces] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [ Oct. 24, 1992 ].”
Pub. L. 102–183, title III, § 302(d), Dec. 4, 1991, 105 Stat. 1263, provided that:
“The amendments made by this section [amending sections 204(b)(3), 221(c)–(e), and 232(c)–(e) of Pub. L. 88–643 ] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [ Dec. 4, 1991 ] and shall apply with respect to annuities payable to children by reason of the death of a participant or annuitant on or after that date.”
Pub. L. 102–183, title III, § 303(b), Dec. 4, 1991, 105 Stat. 1264, provided that:
“(1) The amendments made by subsection (a) [amending section 221(p)–(r) of Pub. L. 88–643 ] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [ Dec. 4, 1991 ]. “(2) (A) The amendment made by subsection (a)(2) [enacting section 221(q) of Pub. L. 88–643 ] shall apply with respect to participants and former participants regardless of whether they retire before, on, or after the effective date specified in paragraph (1), except that paragraph (1)(A) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2)) shall apply only with respect to participants who retire on or after that effective date. “(B) In applying the provisions of paragraph (1)(B) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2)) to a participant or former participant who retires before the effective date specified in paragraph (1)— “(i) the 18-month period referred to in that paragraph shall be considered to begin on the effective date specified in paragraph (1); and “(ii) the amount referred to in paragraph (2) of that section (as added by subsection (a)(2)) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).”
Pub. L. 102–183, title III, § 306(c), Dec. 4, 1991, 105 Stat. 1265, provided that:
“(1) The amendment made by subsection (a)(1) [amending section 226(a) of Pub. L. 88–643 ] shall be deemed to have become effective as of September 30, 1990 , and shall apply in the case of annuitants whose divorce occurs on or after that date. “(2) The amendments made by subsections (a)(2) and (a)(3) [amending section 226(a) of Pub. L. 88–643 ] shall be deemed to have become effective as of September 29, 1988 .”
Pub. L. 102–183, title III, § 309(b), Dec. 4, 1991, 105 Stat. 1266, provided that:
“Subsection (h) of section 304 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [ Pub. L. 88–643 ], as added by subsection (a), shall be deemed to have become effective as of December 2, 1987 .”
Pub. L. 102–183, title III, § 310(b), Dec. 4, 1991, 105 Stat. 1267, provided that:
“The amendment made by subsection (a) [amending section 204(b)(4) of Pub. L. 88–643 ] shall apply only to a former husband or wife of a participant or former participant whose divorce from the participant or former participant becomes final after the date of the enactment of this Act [ Dec. 4, 1991 ].”
Pub. L. 102–88, title III, § 305(b), Aug. 14, 1991, 105 Stat. 432, provided that:
“(1) The amendments made by subsection (a) [amending sections 221, 222, and 232 of Pub. L. 88–643 ] relating to widows or widowers shall apply in the case of a surviving spouse’s remarriage occurring on or after July 27, 1989 , and with respect to periods beginning after such date. “(2) The amendments made by subsection (a) relating to former spouses shall apply with respect to any former spouse whose remarriage occurs after the date of enactment of this Act [ Aug. 14, 1991 ].”
Amendment by section 307 of Pub. L. 102–88 (amending sections 224 and 225 of Pub. L. 88–643) effective as of Oct. 1, 1990, and no benefits provided pursuant to such amendment to be payable with respect to any period before such date, see section 307(d) of Pub. L. 102–88, set out as an Effective Date of 1991 Amendment note under section 3516 of this title.
Pub. L. 101–193, title III, § 304(b), Nov. 30, 1989, 103 Stat. 1703, provided that:
“The amendment made by this section [amending section 224(a)(2) of Pub. L. 88–643 ] shall be effective as of October 1, 1986 .”
Pub. L. 100–453, title III, § 302(b)(2), Sept. 29, 1988, 102 Stat. 1907, provided that:
“The amendments made by paragraph (1) [amending section 224 of Pub. L. 88–643 ] shall take effect as of October 1, 1986 .”
Pub. L. 100–453, title III, § 302(c)(2), Sept. 29, 1988, 102 Stat. 1907, provided that:
“The amendment made by paragraph (1) [amending section 225(a) of Pub. L. 88–643 ] shall take effect as of December 2, 1987 .”
Pub. L. 100–453, title III, § 302(d)(3), Sept. 29, 1988, 102 Stat. 1907, provided that:
“The amendment made by this subsection [amending section 221(n), (p) of Pub. L. 88–643 ] shall apply to marriages which occur on or after May 7, 1985 .”
Pub. L. 100–178, title IV, § 402(c)–(e), Dec. 2, 1987, 101 Stat. 1014, provided that:
“(c) (1) Except as provided in paragraph (2), the amendments made by this section [amending section 3514 of this title and sections 221( o )(2), 232(b), and 304 of Pub. L. 88–643 ] shall take effect on November 15, 1982 , the effective date of the Central Intelligence Agency Spouses’ Retirement Equity Act of 1982. “(2) The amendment made by subsection (b)(2) [amending section 304 of Pub. L. 88–643 ] shall take effect on January 1, 1987 , the effective date of the Federal Employees’ Retirement System Act of 1986. “(d) Nothing in this section or any amendment made by this section shall be construed to require the forfeiture by any individual of benefits received before the date of the enactment of this Act [ Dec. 2, 1987 ]. “(e) Nothing in this section or any amendment made by this section shall be construed to require a reduction in the level of benefits received by any individual who was receiving benefits under section 232 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [ Pub. L. 88–643 ] before the date of enactment of this Act [ Dec. 2, 1987 ]”.
Amendment by section 302(a) of Pub. L. 99–569 (enacting section 224 of Pub. L. 88–643) effective Oct. 1, 1986, see section 302(d) of Pub. L. 99–569, set out as an Effective Date of 1986 Amendment note under section 3514 of this title.
Pub. L. 97–269, title VI, § 613, Sept. 27, 1982, 96 Stat. 1154, provided that:
“(a) Except as provided in subsections (b) and (c) of this section, this title [enacting section 3514 of this title and sections 222 and 223 of Pub. L. 88–643 and amending sections 204, 211, 221, 234, and 263 of Pub. L. 88–643 ] shall take effect on November 15, 1982 . “(b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [ Pub. L. 88–643 ], as added by this title, regarding the rights of former spouses to an annuity shall apply in the case of any individual who after the effective date of this title [ Nov. 15, 1982 ] becomes a former spouse of an individual who separates from service with the Agency after such date. “(c) Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [ Pub. L. 88–643 ], the provisions of section 221(b) (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act, as added by this title, regarding the rights of former spouses to receive survivor annuities shall apply in the case of any individual who after the effective date of this title [ Nov. 15, 1982 ] becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System.”
Pub. L. 94–522, title II, § 215, Oct. 17, 1976, 90 Stat. 2472, provided that:
“(a) This Act [amending Pub. L. 88–643 ] shall become effective October 1, 1976 . “(b) The amendments made by sections 201(a), (b), (c), and (d), 202, and 208 [amending sections 204(a), (b)(2), (3)(i), 221(b) and 232(b) of Pub. L. 88–643 ] shall not apply in the case of participants who died before January 8, 1971 . The amendments made by section 201(e) [amending section 204 of Pub. L. 88–643 ] shall not apply in the case of participants who died before April 9, 1974 . The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted. “(c) The amendment made by section 203 [enacting section 221(f)(2) of Pub. L. 88–643 ] shall apply to a participant who married prior to enactment [ Oct. 17, 1976 ] but only if the election is made within one year after enactment [ Oct. 17, 1976 ]. “(d) The amendment made by section 210 [amending section 251 of Pub. L. 88–643 ] is effective only with respect to annuity accruing for full months beginning after January 8, 1971 ; but any part of a period of separation referred to in such amendment in which the participant or former participant was receiving benefits under chapter 81 of title 5, United States Code or any earlier statute on which such chapter is based shall be counted whether the person returns to duty before, on, or after January 8, 1971 . With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the retired person. “(e) The amendment in section 211 [amending section 252(a)(2) of Pub. L. 88–643 ] to credit certain service in the Public Health Service is effective as of April 8, 1960 , and the amendment to credit certain service in the National Oceanic and Atmospheric Administration is effective as of September 14, 1961 . “(f) The amendment in section 212 [enacting section 264 of Pub. L. 88–643 ] is effective as of June 30, 1974 . “(g) The amendment to recompute a reduced annuity during periods when not married in section 202 [amending section 221(b) of Pub. L. 88–643 ] shall apply to annuities which commence before, on, or after the date of enactment of this Act [ Oct. 17, 1976 ], but no increase in annuity shall be paid for any period prior to November 1, 1974 . “(h) Annuity increases under sections 204 [enacting section 221( l ) of Pub. L. 88–643 ] and 214 [set out below] shall apply to annuities which commence before, on, or after the date of enactment of this Act [ Oct. 17, 1976 ], but no increase in annuity shall be paid for any period prior to August 1, 1974 , or the date on which the annuity commences, whichever is later.”
Pub. L. 93–210, § 1(b), Dec. 28, 1973, 87 Stat. 908, provided that:
“The amendments made by subsection (a) [amending section 291(b) of Pub. L. 88–643 ] shall apply only with respect to annuities which commence on or after July 2, 1973 .”
Pub. L. 91–185, § 6, Dec. 30, 1969, 83 Stat. 849, provided that:
“(a) The amendments made by section 1 [amending section 211(a) of Pub. L. 88–643 , set out above] shall become effective at the beginning of the first applicable pay period beginning after December 31, 1969 . “(b) The amendments made by sections 3, 4 [amending sections 231(a) and 232(h) of Pub. L. 88–643 ], and 2 [amending section 221 of Pub. L. 88–643 ], with the exception of 2(c) [amending subsec. (c) thereof], shall become effective October 20, 1969 . “(c) The amendments made by sections 2(c) and 5 [amending sections 221(c) and 291 of Pub. L. 88–643 ] shall become effective November 1, 1969 . “(d) The amendments made by sections 2(a), 2(e), 3, and 4(a)(1)–(2) [amending section 221(a), adding section 221(h), and amending sections 231(a) and 232(b) of Pub. L. 88–643 ] shall not apply in the cases of persons retired or otherwise separated prior to October 20, 1969 , and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted.”
Pub. L. 102–496, title VIII, § 801, Oct. 24, 1992, 106 Stat. 3196, provided that:
“This title [enacting this chapter, amending sections 403n, 403r, 403r–1, and 403s of this title, sections 8347 and 8423 of Title 5, Government Organization and Employees, section 1605 of Title 10 , Armed Forces and sections 4071b to 4071d of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 402 of this title ] may be cited as the ‘CIARDS Technical Corrections Act of 1992’.”
Pub. L. 97–269, title VI, § 601, Sept. 27, 1982, 96 Stat. 1145, provided that:
“This title [enacting section 403n of this title and amending Pub. L. 88–643 ] may be cited as the ‘Central Intelligence Agency Spouses’ Retirement Equity Act of 1982’.”
Pub. L. 88–643, § 1(a), as added by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, provided that:
“This Act [enacting this chapter] may be cited as the ‘Central Intelligence Agency Retirement Act’.”
Pub. L. 102–496, title VIII, § 804, Oct. 24, 1992, 106 Stat. 3253, provided that:
“(a) Prior Elections .— Any election made under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [ Pub. L. 88–643 prior to enactment of Pub. L. 102–496 , formerly set out as a note under section 403 of this title ] before the effective date specified in section 805 [set out as an Effective Date note above] shall not be affected by the amendment made by section 802 [enacting this chapter] and shall be deemed to have been made under the corresponding provision of that Act as restated by section 802 as the Central Intelligence Agency Retirement Act. “(b) References .— Any reference in any other Act, or in any Executive order, rule, or regulation, to the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, or to a provision of that Act, shall be deemed to refer to that Act and to the corresponding provision of that Act, as restated by section 802 as the Central Intelligence Agency Retirement Act.”
Pub. L. 100–453, title III, § 302(e), Sept. 29, 1988, 102 Stat. 1907, provided that:
“Any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974 [ 2 U.S.C. 651(c) ]) provided pursuant to the amendments made by this section [enacting section 226 and amending sections 221, 224, and 225 of Pub. L. 88–643 ] shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.”
For provision that any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974) provided pursuant to the amendments made to sections 224 and 225 of Pub. L. 88–643 by section 307 of Pub. L. 102–88 be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts, see section 307(c) of Pub. L. 102–88, set out as a Compliance With Budget Act note under section 3516 of this title.
Pub. L. 94–522, title II, § 214, Oct. 17, 1976, 90 Stat. 2472, provided that:
“(a) An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969 , is increased by $240 per annum. “(b) In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving spouse of an annuitant, which is based on a separation occurring prior to October 20, 1969 , shall be increased by $132 per annum. “(c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended ( 78 Stat. 1043 ; 50 U.S.C. 403 note) [ section 221 of Pub. L. 88–643 prior to enactment of Pub. L. 102–496 ; see 50 U.S.C. 2031(a) ] for purposes of computing the minimum annuity under new section 221( l ) of the Act, as added by section 204 of this Act.”
For temporary provisions providing modified contributions and procedures for officers and employees participating in the Central Intelligence Agency Retirement and Disability System who are also required to pay employment taxes relating to benefits under title II of the Social Security Act, 42 U.S.C. 401 et seq., until they are covered by a new Government retirement system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98–168, set out as a note under section 8331 of Title 5, Government Organization and Employees.
For provisions which directed the President, subject to certain conditions, to provide for a single cost-of-living adjustment in the annuities paid under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] during the period Sept. 1, 1980, to Aug. 31, 1981, and which further directed that, subject to the enactment of specified legislation providing for the adjustment of annuities paid under section 8331 et seq. of Title 5, Government Organization and Employees, the President exercise the authority vested in him under section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] to provide for cost-of-living adjustments in the annuities paid under that Act on an identical basis, see Pub. L. 96–342, title VIII, § 812(a)(3), (4), (b)(3), (4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under section 1401a of Title 10, Armed Forces.
When used in subchapter II:
The term “former participant” means a person who—
while an employee of the Agency was a participant in the system; and
separates from the Agency without entitlement to immediate receipt of an annuity from the fund.
The term “retired participant” means a person who—
while an employee of the Agency was a participant in the system; and
is entitled to receive an annuity from the fund based upon such person’s service as a participant.
The term “surviving spouse” means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant’s or retired participant’s death, or (ii) who is the parent of a child born of the marriage.
In a case in which the participant or retired participant dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if—
the death of the participant or retired participant was accidental; or
the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time married is at least 9 months.
The term “former spouse” means a former wife or husband of a participant, former participant, or retired participant as follows:
In the case of a divorce that became final on or before December 4, 1991 , such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant’s service as an employee of the Agency.
In the case of a divorce that becomes final after December 4, 1991 , such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent by the participant during the participant’s service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title .
For purposes of subparagraphs (A) and (B), the term “creditable service” means all periods of a participant’s service that are creditable under sections 2081, 2082, and 2083 of this title.
The term “previous spouse” means an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of service which are creditable under sections 2081, 2082, and 2083 of this title.
The term “spousal agreement” means an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant’s spouse or former spouse that—
is in writing, is signed by the parties, and is notarized;
has not been modified by court order; and
has been authenticated by the Director.
The term “court order” means—
a court decree of divorce, annulment, or legal separation; or
a court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.
The term “court” means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.
The term “child” means any of the following:
An unmarried dependent child under 18 years of age, including—
an adopted child;
a stepchild, but only if the stepchild lived with the participant or retired participant in a regular parent-child relationship;
a recognized natural child; and
a child who lived with the participant, for whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the surviving spouse after the death of the participant or retired participant.
An unmarried dependent child, regardless of age, who is incapable of self-support because of a physical or mental disability incurred before age 18.
An unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For purposes of this subsection, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July following that birthday.
A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.
For purposes of this subsection, the term “dependent”, with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or retired participant, either living with or contributing to the support of the child, as determined in accordance with regulations prescribed under subchapter II.
For purposes of section 2071(c) of this title , the term “child” includes an adopted child and a natural child, but does not include a stepchild.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
SUBCHAPTER II— CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Part A— Establishment of System
There is a retirement and disability system for certain employees of the Central Intelligence Agency known as the Central Intelligence Agency Retirement and Disability System (hereinafter in this chapter referred to as the “system”), originally established pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.
The Director shall prescribe regulations for the system. The Director shall submit any proposed regulations for the system to the congressional intelligence committees not less than 14 days before they take effect.
The Director shall administer the system in accordance with regulations prescribed under this subchapter and with the principles established by this subchapter.
In the interests of the security of the foreign intelligence activities of the United States and in order further to implement section 3024(h) of this title that the Director of National Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, and notwithstanding the provisions of chapter 7 of title 5 or any other provision of law (except section 2155(b) of this title ), any determination by the Director authorized by this chapter shall be final and conclusive and shall not be subject to review by any court.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director shall maintain the fund in the Treasury known as the “Central Intelligence Agency Retirement and Disability Fund” (hereinafter in this chapter referred to as the “fund”), originally created pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director may from time to time designate employees of the Agency who shall be entitled to participate in the system. Employees so designated who elect to participate in the system are referred to in this chapter as “participants”.
Designation of employees under this section may be made only from among employees of the Agency who have completed at least 5 years of qualifying service. For purposes of this chapter, qualifying service is service performed by an Agency employee in carrying out duties that are determined by the Director—
to be in support of intelligence activities abroad hazardous to life or health; or
to be so specialized because of security requirements as to be clearly distinguishable from normal government employment.
An employee of the Agency who elects to accept designation as a participant in the system shall remain a participant of the system for the duration of that individual’s employment with the Agency.
Such an election shall be irrevocable except as and to the extent provided in section 2151(d) of this title .
An election under this section is not subject to review or approval by the Director.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Pub. L. 113–126, title II, § 202(b), July 7, 2014, 128 Stat. 1394, provided that:
“The amendment made by subsection (a) [amending this section] shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203 of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013 ) prior to the date of the enactment of this Act [ July 7, 2014 ].”
Persons who are annuitants under the system are—
those persons who, on the basis of their service in the Agency, have met all requirements for an annuity under this subchapter or any other Act and are receiving an annuity from the fund; and
those persons who, on the basis of someone else’s service, meet all the requirements under this subchapter or any other Act for an annuity payable from the fund.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Part B— Contributions
In this subsection, the term “revised annuity participant” means an individual who—
on December 31, 2012—
is not a participant;
is not performing qualifying service; and
has less than 5 years of qualifying service; and
after December 31, 2012, becomes a participant performing qualifying service.
Except as provided in subsection (d), 7 percent of the basic pay received by a participant other than a revised annuity participant for any pay period shall be deducted and withheld from the pay of that participant and contributed to the fund.
Except as provided in subsection (d), 9.3 percent of the basic pay received by a revised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and contributed to the fund.
An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contributed to the fund for a pay period for the participant from the appropriation or fund which is used for payment of the participant’s basic pay.
An amount equal to 4.7 percent of the basic pay received by a revised annuity participant shall be contributed to the fund for a pay period for the revised annuity participant from the appropriation or fund which is used for payment of the revised annuity participant’s basic pay.
The amounts deducted and withheld from basic pay, together with the amounts so contributed from the appropriation or fund, shall be deposited by the Director to the credit of the fund.
Each participant shall be deemed to consent and agree to such deductions from basic pay, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which the participant is entitled under this subchapter, notwithstanding any law, rule, or regulation affecting the individual’s pay.
Amounts deducted and withheld from the basic pay of a participant under this section for pay periods after the first day of the first pay period beginning after the day on which the participant completes 35 years of creditable service computed under sections 2081 and 2082 of this title (excluding service credit for unused sick leave under section 2031(a)(2) of this title ) shall accrue interest. Such interest shall accrue at the rate of 3 percent a year through December 31, 1984 , and thereafter at the rate computed under section 8334(e) of title 5 , and shall be compounded annually from the date on which the amount is so deducted and withheld until the date of the participant’s retirement or death.
Amounts described in paragraph (1), including interest accrued on such amounts, shall be applied upon the participant’s retirement or death toward any deposit due under section 2082(b) of this title .
Any balance of such amounts not so required for such a deposit shall be refunded to the participant in a lump sum after the participant’s separation (or, in the event of a death in service, to a beneficiary in order of precedence specified in section 2071(c) of this title ), subject to prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Director may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse.
In lieu of such a lump-sum payment, the participant may use such amounts—
to purchase an additional annuity in accordance with section 2121 of this title; or
provide any additional survivor benefit for a current or former spouse or spouses.
In the case of a participant who was a participant subject to this subchapter before January 1, 1984, and whose service—
there shall be deducted and withheld from the basic pay of the participant under this section during any pay period only the amount computed under paragraph (2).
is employment for the purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, and
is not creditable service for any purpose under subchapter III of this chapter or chapter 84 of title 5,
The amount deducted and withheld from the basic pay of a participant during any pay period pursuant to paragraph (1) shall be the excess of—
the amount determined by multiplying the percent applicable to the participant under subsection (a) by the basic pay payable to the participant for that pay period, over
the amount of the taxes deducted and withheld from such basic pay under section 3101(a) of title 26 (relating to old-age, survivors, and disability insurance) for that pay period.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Pub. L. 106–346, § 101(a) [title V, § 505(g)], Oct. 23, 2000, 114 Stat. 1356, 1356A–54, provided that:
“Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2021(a)(2) ), during the period beginning on October 1, 2002 , through December 31, 2002 , the Central Intelligence Agency shall contribute 7.5 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act.”
Pub. L. 105–33, title VII, § 7001(c)(1), (2), Aug. 5, 1997, 111 Stat. 658, as amended by Pub. L. 106–346, § 101(a) [title V, § 505(c)(1)], Oct. 23, 2000, 114 Stat. 1356, 1356A–53, provided that:
“(1) Agency contributions .— Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2021(a)(2) ), during the period beginning on October 1, 1997 , through September 30, 2002 , the Central Intelligence Agency shall contribute 8.51 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act. “(2) Individual deductions, withholdings, and deposits .— Notwithstanding [former] section 211(a)(1) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2021(a)(1) ) beginning on January 1, 1999 , through December 31, 2000 , the percentage deducted and withheld from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System shall be as follows: 7.25 January 1, 1999 , to December 31, 1999 . 7.4 January 1, 2000 , to December 31, 2000 .”
Part C— Computation of Annuities
The annuity of a participant is the product of—
the participant’s high-3 average pay (as defined in paragraph (4)); and
The total service of a participant who retires on an immediate annuity (except under section 2051 of this title ) or who dies leaving a survivor or survivors entitled to an annuity shall include (without regard to the 35-year limitation prescribed in paragraph (1)) the days of unused sick leave to the credit of the participant. Days of unused sick leave may not be counted in determining average basic pay or eligibility for an annuity under this subchapter. A deposit shall not be required for days of unused sick leave credited under this paragraph.
In the case of a participant whose service includes service on a part-time basis performed after April 6, 1986 , the participant’s annuity shall be the sum of the amounts determined under subparagraphs (B) and (C).
The portion of an annuity referred to in subparagraph (A) with respect to service before April 7, 1986 , shall be the amount computed under paragraph (1) using the participant’s length of service before that date (increased by the unused sick leave to the credit of the participant at the time of retirement) and the participant’s high-3 average pay, as determined by using the annual rate of basic pay that would be payable for full-time service in that position.
The portion of an annuity referred to in subparagraph (A) with respect to service after April 6, 1986, shall be the product of—
the amount computed under paragraph (1), using the participant’s length of service after that date and the participant’s high-3 average pay, as determined by using the annual rate of basic pay that would be payable for full-time service; and
the ratio which the participant’s actual service after April 6, 1986 (as determined by prorating the participant’s total service after that date to reflect the service that was performed on a part-time basis) bears to the total service after that date that would be creditable for the participant if all the service had been performed on a full-time basis.
Employment on a temporary or intermittent basis shall not be considered to be service on a part-time basis for purposes of this paragraph.
For purposes of this subsection, a participant’s high-3 average pay is the amount of the participant’s average basic pay for the highest 3 consecutive years of the participant’s service for which full contributions have been made to the fund.
In determining the aggregate period of service upon which an annuity is to be based, any fractional part of a month shall not be counted.
Except to the extent provided otherwise under a written election under subparagraph (B) or (C), if at the time of retirement a participant or former participant is married (or has a former spouse who has not remarried before attaining age 55), the participant shall receive a reduced annuity and provide a survivor annuity for the participant’s spouse under this subsection or former spouse under section 2032(b) of this title , or a combination of such annuities, as the case may be.
A married participant or former participant and the participant’s spouse may jointly elect in writing at the time of retirement to waive a survivor annuity for that spouse under this section or to reduce such survivor annuity under this section by designating a portion of the annuity of the participant as the base for the survivor annuity. If the marriage is dissolved following an election for such a reduced annuity and the spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section 2032(b) of this title may not exceed the portion of the participant’s annuity designated under this subparagraph.
If a participant or former participant has a former spouse, such participant and the participant’s former spouse may jointly elect by spousal agreement under section 2094(b) of this title to waive, reduce, or increase a survivor annuity under section 2032(b) of this title for that former spouse. Any such election must be made (i) before the end of the 2-year period beginning on the date on which the divorce or annulment involving that former spouse becomes final, or (ii) at the time of retirement of the participant, whichever is later.
The Director may prescribe regulations under which a participant or former participant may make an election under subparagraph (B) or (C) without the participant’s spouse or former spouse if the participant establishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse or former spouse.
The annuity of a participant or former participant providing a survivor annuity under this section (or section 2032(b) of this title ), excluding any portion of the annuity not designated or committed as a base for any survivor annuity, shall be reduced by 2½ percent of the first $3,600 plus 10 percent of any amount over $3,600. The reduction under this paragraph shall be calculated before any reduction under section 2032(a)(5) of this title .
If a retired participant receiving a reduced annuity under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse. The amount of the annuity shall be equal to 55 percent of (i) the full amount of the participant’s annuity computed under subsection (a), or (ii) any lesser amount elected as the base for the survivor annuity under paragraph (1)(B).
Notwithstanding subparagraph (A), the amount of the annuity calculated under subparagraph (A) for a surviving spouse in any case in which there is also a surviving former spouse of the retired participant who qualifies for an annuity under section 2032(b) of this title may not exceed 55 percent of the portion (if any) of the base for survivor annuities which remains available under section 2032(b)(4)(B) of this title .
An annuity payable from the fund to a surviving spouse under this paragraph shall commence on the day after the retired participant dies and shall terminate on the last day of the month before the surviving spouse’s death or remarriage before attaining age 55. If such survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund.
A participant or former participant who retires after March 31, 1992 and who—
may, during the 18-month period beginning on the date of the retirement of the participant, elect to have a reduction under subsection (b) made in the annuity of the participant (or in such portion thereof as the participant may designate) in order to provide a survivor annuity for the participant’s spouse.
is married at the time of retirement; and
elects at that time (in accordance with subsection (b)) to waive a survivor annuity for the spouse,
A participant or former participant who retires after March 31, 1992, and—
may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a greater portion of the annuity of such participant so used.
who, at the time of retirement, is married, and
who, at that time designates (in accordance with subsection (b)) that a portion of the annuity of such participant is to be used as the base for a survivor annuity,
An election under paragraph (1) shall not be effective unless the amount specified in subparagraph (B) is deposited into the fund before the end of that 18-month period.
The amount to be deposited with respect to an election under this subsection is the amount equal to the sum of the following:
The additional cost to the system that is associated with providing a survivor annuity under subsection (b) and that results from such election, taking into account—
the difference (for the period between the date on which the annuity of the participant or former participant commences and the date of the election) between the amount paid to such participant or former participant under this subchapter and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity; and
the costs associated with providing for the later election.
Interest on the additional cost determined under clause (i), computed using the interest rate specified or determined under section 8334(e) of title 5 for the calendar year in which the amount to be deposited is determined.
An election by a participant or former participant under this subsection voids prospectively any election previously made in the case of such participant under subsection (b).
An annuity that is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the participant or former participant whose annuity is so reduced.
Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and obligations that would have resulted had the participant involved elected such annuity at the time of retirement.
In the case of a retired participant who died before April 1, 1992, and who is survived by a child or children—
if the retired participant was survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under paragraph (3)(A); and
if the retired participant was not survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under paragraph (3)(B).
In the case of a retired participant who dies on or after April 1, 1992, and who is survived by a child or children—
if the retired participant is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under paragraph (3)(A); and
if the retired participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on behalf of each such surviving child an annuity determined under paragraph (3)(B).
The annual amount of an annuity for the surviving child of a participant covered by paragraph (1)(A) or (2)(A) of this subsection (or covered by paragraph (1)(A) or (2)(A) of section 2052(c) of this title) is the smallest of the following:
60 percent of the participant’s high-3 average pay, as determined under subsection (a)(4), divided by the number of children.
$900, as adjusted under section 2131 of this title.
$2,700, as adjusted under section 2131 of this title, divided by the number of children.
The amount of an annuity for the surviving child of a participant covered by paragraph (1)(B) or (2)(B) of this subsection (or covered by paragraph (1)(B) or (2)(B) of section 2052(c) of this title) is the smallest of the following:
75 percent of the participant’s high-3 average pay, as determined under subsection (a)(4), divided by the number of children.
$1,080, as adjusted under section 2131 of this title.
$3,240, as adjusted under section 2131 of this title, divided by the number of children.
In the case of a child annuity payable under paragraph (1), upon the death of a surviving spouse or the termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though the spouse or child had not survived the retired participant.
In the case of a child annuity payable under paragraph (2), upon the death of a surviving spouse or former spouse or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the retired participant. If the annuity of a surviving child who has not been receiving an annuity is initiated or resumed, the annuities of any other children shall be recomputed and paid from that date as though the annuities of all currently eligible children were then being initiated.
For purposes of this subsection, the term “former spouse” includes any former wife or husband of the retired participant, regardless of the length of marriage or the amount of creditable service completed by the participant.
An annuity payable to a child under subsection (d), or under section 2052(c) of this title , shall begin on the day after the date on which the participant or retired participant dies or, in the case of an individual over the age of 18 who is not a child within the meaning of section 2002(b) of this title , shall begin or resume on the first day of the month in which the individual later becomes or again becomes a student as described in section 2002(b) of this title . Such annuity may not commence until any lump-sum that has been paid is returned to the fund.
Such an annuity shall terminate on the last day of the month before the month in which the recipient of the annuity dies or no longer qualifies as a child (as defined in section 2002(b) of this title ).
Subject to the rights of former spouses under subsection (b) of this section and section 2032 of this title , at the time of retirement an unmarried participant found by the Director to be in good health may elect to receive an annuity reduced in accordance with subparagraph (B) and designate in writing an individual having an insurable interest in the participant to receive an annuity under the system after the participant’s death. The amount of such an annuity shall be equal to 55 percent of the participant’s reduced annuity.
The annuity payable to the participant making such election shall be reduced by 10 percent of an annuity computed under subsection (a) and by an additional 5 percent for each full 5 years the designated individual is younger than the participant. The total reduction under this subparagraph may not exceed 40 percent.
The annuity payable to the designated individual shall begin on the day after the retired participant dies and terminate on the last day of the month before the designated individual dies.
An annuity which is reduced under this paragraph shall, effective the first day of the month following the death of the designated individual, be recomputed and paid as if the annuity had not been so reduced.
A participant who is unmarried at the time of retirement and who later marries may irrevocably elect, in a signed writing received by the Director within two years after the marriage, to receive a reduced annuity as provided in subsection (b). Such election and reduction shall be effective on the first day of the month beginning 9 months after the date of marriage. The election voids prospectively any election previously made under paragraph (1).
An annuity which is reduced under this section (or any similar prior provision of law) to provide a survivor annuity for a spouse shall, if the marriage of the retired participant to such spouse is dissolved, be recomputed and paid for each full month during which a retired participant is not married (or is remarried, if there is no election in effect under paragraph (2)) as if the annuity had not been so reduced, subject to any reduction required to provide a survivor annuity under subsection (b) or (c) of section 2032 of this title or under section 2036 of this title .
Upon remarriage, the retired participant may irrevocably elect, by means of a signed writing received by the Director within two years after such remarriage, to receive a reduced annuity for the purpose of providing an annuity for the new spouse of the retired participant in the event such spouse survives the retired participant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage (unless such reduction is adjusted under section 2032(b)(5) of this title or elected under subparagraph (B)).
If the retired participant’s annuity was not reduced (or was not fully reduced) to provide a survivor annuity for the participant’s spouse or former spouse as of the time of retirement, the retired participant may make an election under the first sentence of subparagraph (A) upon remarriage to a spouse other than the spouse at the time of retirement. For any remarriage that occurred before August 14, 1991 , the retired participant may make such an election within 2 years after such date.
The retired participant shall, within two years after the date of the remarriage (or by August 14, 1993 for any remarriage that occurred before August 14, 1991), deposit in the fund an amount determined by the Director, as nearly as may be administratively feasible, to reflect the amount by which the retired participant’s annuity would have been reduced if the election had been in effect since the date the annuity commenced, plus interest.
The annual rate of interest for each year during which the retired participant’s annuity would have been reduced if the election had been in effect since the date the annuity commenced shall be 6 percent.
If the retired participant does not make the deposit, the Director shall collect such amount by offset against the participant’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to the retired participant, and the retired participant is deemed to consent to such offset.
The deposit required by this subparagraph may be made by the surviving spouse of the retired participant.
An election under this paragraph and the reduction in the participant’s annuity shall be effective on the first day of the month beginning 9 months after the date of remarriage. A survivor annuity elected under this paragraph shall be treated in all respects as a survivor annuity under subsection (b).
Subject to the rights of former spouses under subsection (b) and section 2032 of this title , at the time of retirement a married participant found by the Director to be in good health may elect to receive an annuity reduced in accordance with subsection (f)(1)(B) and designate in writing an individual having an insurable interest in the participant to receive an annuity under the system after the participant’s death, except that any such election to provide an insurable interest survivor annuity to the participant’s spouse shall only be effective if the participant’s spouse waives the spousal right to a survivor annuity under this chapter. The amount of the annuity shall be equal to 55 percent of the participant’s reduced annuity.
The annuity payable to the participant making such election shall be reduced by 10 percent of an annuity computed under subsection (a) and by an additional 5 percent for each full 5 years the designated individual is younger than the participant. The total reduction under this subparagraph may not exceed 40 percent.
The annuity payable to the designated individual shall begin on the day after the retired participant dies and terminate on the last day of the month before the designated individual dies.
An annuity that is reduced under this subsection shall, effective the first day of the month following the death of the designated individual, be recomputed and paid as if the annuity had not been so reduced.
A surviving spouse whose survivor annuity was terminated because of remarriage before attaining age 55 shall not be entitled under subsection (b)(3)(C) to the restoration of that survivor annuity payable from the fund unless the surviving spouse elects to receive it instead of any other survivor annuity to which the surviving spouse may be entitled under the system or any other retirement system for Government employees by reason of the remarriage.
A surviving former spouse of a participant or retired participant shall not become entitled under section 2032(b) or 2034 of this title to a survivor annuity or to the restoration of a survivor annuity payable from the fund unless the surviving former spouse elects to receive it instead of any other survivor annuity to which the surviving former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.
A surviving spouse who married a participant after the participant’s retirement shall be entitled to a survivor annuity payable from the fund only upon electing that annuity instead of any other survivor annuity to which the surviving spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the retired participant.
A married recalled annuitant who reverts to retired status with entitlement to a supplemental annuity under section 2111(b) of this title shall, unless the annuitant and the annuitant’s spouse jointly elect in writing to the contrary at the time of reversion to retired status, have the supplemental annuity reduced by 10 percent to provide a supplemental survivor annuity for the annuitant’s spouse. Such supplemental survivor annuity shall be equal to 55 percent of the supplemental annuity of the annuitant.
The Director shall prescribe regulations to provide for the application of paragraph (1) of this subsection and of subsection (b) of section 2111 of this title in any case in which an annuitant has a former spouse who was married to the recalled annuitant at any time during the period of recall service and who qualifies for an annuity under section 2032(b) of this title .
Notwithstanding any other provision of this subchapter, an annuity (including a disability annuity) payable under this subchapter to an individual described in sections 2021(d)(1) and 2151(c)(1) of this title and any survivor annuity payable under this subchapter on the basis of the service of such individual shall be reduced in a manner consistent with section 8349 of title 5 , under conditions consistent with the conditions prescribed in that section.
For the purpose of ensuring the accuracy of the information used in the determination of eligibility for and the computation of annuities payable from the fund under this subchapter, at the request of the Director—
the Secretary of Defense shall provide information on retired or retainer pay paid under title 10;
the Secretary of Veterans Affairs shall provide information on pensions or compensation paid under title 38;
the Secretary of Health and Human Services shall provide information contained in the records of the Social Security Administration; and
the Secretary of Labor shall provide information on benefits paid under subchapter I of chapter 81 of title 5.
The Director shall request only such information as the Director determines is necessary.
The Director, in consultation with the officials from whom information is requested, shall ensure that information made available under this subsection is used only for the purposes authorized.
The Director shall, on an annual basis—
inform each retired participant of the participant’s right of election under subsections (c), (f)(2), and (g); and
to the maximum extent practicable, inform spouses and former spouses of participants, former participants, and retired participants of their rights under this chapter.
Pub. L. 116–92, div. E, title LXII, § 6202(e), Dec. 20, 2019, 133 Stat. 2186, provided that:
“The amendments made by subsection (a)(1)(A) [amending this section] and subsection (c) [amending section 2082 of this title ] shall take effect as if enacted on October 28, 2009 , and shall apply to computations or participants, respectively, as of such date.”
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Unless otherwise expressly provided by a spousal agreement or court order under section 2094(b) of this title, a former spouse of a participant, former participant, or retired participant is entitled to an annuity—
if married to the participant, former participant, or retired participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
if not married to the participant throughout such creditable service, equal to that proportion of 50 percent of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this subchapter bears to the total number of days of such creditable service.
A former spouse is not qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age.
The annuity of a former spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this subchapter or on the first day of the month after the divorce or annulment involved becomes final, whichever is later.
The annuity of such former spouse and the right thereto terminate on—
the last day of the month before the month in which the former spouse dies or remarries before 55 years of age; or
the date on which the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)).
The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating—
the survivor annuity for any spouse, former spouse, or other survivor under this subchapter; and
any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or under section 2031(b) of this title.
If an annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 2111 of this title , or reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 2112 and 2113 of this title, the pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the fund.
Notwithstanding paragraph (3), in the case of a former spouse of a disability annuitant—
the annuity of that former spouse shall commence on the date on which the participant would qualify on the basis of the participant’s creditable service for an annuity under this subchapter (other than a disability annuity) or the date on which the disability annuity begins, whichever is later, and
the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.
A former spouse of a participant, former participant, or retired participant shall not become entitled under this subsection to an annuity payable from the fund unless the former spouse elects to receive it instead of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.
No spousal agreement or court order under section 2094(b) of this title involving a participant may provide for an annuity or a combination of annuities under this subsection that exceeds the annuity of the participant.
Subject to any election under section 2031(b)(1)(B) and (C) of this title and unless otherwise expressly provided by a spousal agreement or court order under section 2094(b) of this title, if an annuitant is survived by a former spouse, the former spouse shall be entitled—
if married to the annuitant throughout the creditable service of the annuitant, to a survivor annuity equal to 55 percent of the unreduced amount of the annuitant’s annuity, as computed under section 2031(a) of this title; and
if not married to the annuitant throughout such creditable service, to a survivor annuity equal to that proportion of 55 percent of the unreduced amount of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this subchapter bears to the total number of days of such creditable service.
A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age.
An annuity payable from the fund under this subchapter to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse’s death or remarriage before attaining age 55. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund.
The maximum survivor annuity or combination of survivor annuities under this subsection (and section 2031(b)(3) of this title ) with respect to any participant may not exceed 55 percent of the full amount of the participant’s annuity, as calculated under section 2031(a) of this title .
Once a survivor annuity has been provided under this subsection for any former spouse, a survivor annuity for another individual may thereafter be provided under this subsection (or section 2031(b)(3) of this title ) with respect to the participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose prospective right to such annuity has not terminated by reason of death or remarriage.
After the death of a participant or retired participant, a court order under section 2094(b) of this title may not adjust the amount of the annuity of a former spouse of that participant or retired participant under this section.
If a former spouse of a retired participant dies or remarries before attaining age 55, the annuity of the retired participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid, effective on the first day of the month beginning after such death or remarriage, as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B).
Subject to paragraph (4)(B), the participant may elect in writing within two years after receipt of notice of the death or remarriage of the former spouse to continue the reduction in order to provide a higher survivor annuity under section 2031(b)(3) of this title for any spouse of the participant.
In the case of any participant providing a survivor annuity under subsection (b) for a former spouse—
an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the participant satisfactorily passes a physical examination as prescribed by the Director.
such participant may elect, or
a spousal agreement or court order under section 2094(b) of this title may provide for,
Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant, nor the survivor annuity or annuities for any one surviving spouse or former spouse of such participant under this section or section 2031 of this title , may exceed 55 percent of the unreduced amount of the participant’s annuity, as computed under section 2031(a) of this title .
In accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection—
by a reduction in the annuity or an allotment from the basic pay of the participant;
by a lump-sum payment or installment payments to the fund; or
by any combination thereof.
The present value of the total amount to accrue to the fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may from time to time be prescribed for this purpose by the Director.
If a former spouse predeceases the participant or remarries before attaining age 55 (or, in the case of a spouse, the spouse predeceases the participant or does not qualify as a former spouse upon dissolution of the marriage)—
if an annuity reduction or pay allotment under subparagraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been reduced or the pay allotment terminated, as the case may be; and
any amount accruing to the fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provided, as determined under regulations prescribed by the Director.
Under regulations prescribed by the Director, an annuity shall be recomputed (or a pay allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or remarries before attaining age 55 and an increased annuity is provided for that spouse in accordance with this section.
An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the spouse’s or the former spouse’s death or remarriage before attaining age 55.
Section 2131 of this title does not apply to an annuity under this subsection, unless authorized under regulations prescribed by the Director.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Pub. L. 103–178, title II, § 203, Dec. 3, 1993, 107 Stat. 2027, provided that:
“(a) Survivor Annuity.— “(1) In general.— “(A) Entitlement of former wife or husband .— Any person who was divorced on or before December 4, 1991 , from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System and who was married to such participant for not less than 10 years during such participant’s creditable service, at least five years of which were spent by the participant during the participant’s service as an employee of the Central Intelligence Agency outside the United States, or otherwise in a position the duties of which qualified the participant for designation by the Director of Central Intelligence as a participant under section 203 of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013 ), shall be entitled, except to the extent such person is disqualified under paragraph (2), to a survivor annuity equal to 55 percent of the greater of— “(i) the unreduced amount of the participant’s annuity, as computed under section 221(a) of such Act [ 50 U.S.C. 2031(a) ]; or “(ii) the unreduced amount of what such annuity as so computed would be if the participant had not elected payment of the lump-sum credit under section 294 of such Act [ 50 U.S.C. 2143 ]. “(B) Reduction in survivor annuity .— A survivor annuity payable under this subsection shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 226 of such Act [ 50 U.S.C. 2036 ]. “(2) Limitations .— A former wife or husband is not entitled to a survivor annuity under this subsection if— “(A) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; “(B) the former wife or husband is less than 50 years of age; or “(C) the former wife or husband meets the definition of ‘former spouse’ that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before December 4, 1991 [ section 204(b)(4) of Pub. L. 88–643 prior to enactment of Pub. L. 102–496 , formerly set out as a note under section 403 of this title ]. “(3) Commencement and termination of annuity.— “(A) Commencement of annuity .— The entitlement of a former wife or husband to a survivor annuity under this subsection shall commence— “(i) in the case of a former wife or husband of a participant or retired participant who is deceased as of October 1, 1994 , beginning on the later of— “(I) the 60th day after such date; or “(II) the date on which the former wife or husband reaches age 50; and “(ii) in the case of any other former wife or husband, beginning on the latest of— “(I) the date on which the participant or retired participant to whom the former wife or husband was married dies; “(II) the 60th day after October 1, 1994 ; or “(III) the date on which the former wife or husband attains age 50. “(B) Termination of annuity .— The entitlement of a former wife or husband to a survivor annuity under this subsection terminates on the last day of the month before the former wife’s or husband’s death or remarriage before attaining age 55. The entitlement of a former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce. “(4) Election of benefits .— A former wife or husband of a participant or retired participant shall not become entitled under this subsection to a survivor annuity or to the restoration of the survivor annuity unless the former wife or husband elects to receive it instead of any other survivor annuity to which the former wife or husband may be entitled under the Central Intelligence Agency Retirement and Disability System or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. “(5) Application— “(A) Time limit; waiver .— A survivor annuity under this subsection shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than October 1, 1995 . The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver. “(B) Retroactive benefits .— Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to such annuity under this subsection, but in no event shall a survivor annuity be payable under this subsection with respect to any period before October 1, 1994 . “(6) Restoration of annuity .— Notwithstanding paragraph (5)(A), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such a survivor annuity is restored after October 1, 1994 , under paragraph (2)(A) or (3)(B). “(7) Applicability in cases of participants transferred to fers.— “(A) Entitlement .— Except as provided in paragraph (2), this subsection shall apply to a former wife or husband of a participant under the Central Intelligence Agency Retirement and Disability System who has elected to become subject to chapter 84 of title 5, United States Code. “(B) Amount of annuity .— The survivor annuity of a person covered by subparagraph (A) shall be equal to 50 percent of the unreduced amount of the participant’s annuity computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 [ Pub. L. 99–335 , 5 U.S.C. 8331 note] and shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 8445 of title 5 , United States Code. “(b) Retirement Annuity.— “(1) In general.— “(A) Entitlement of former wife or husband .— A person described in subsection (a)(1)(A) shall be entitled, except to the extent such former spouse is disqualified under paragraph (2), to an annuity— “(i) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or “(ii) if not married to the participant throughout such creditable service, equal to that former wife’s or husband’s pro rata share of 50 percent of such annuity (determined in accordance with section 222(a)(1)(B) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2032 (a)(1)(B)). “(B) Reduction in retirement annuities.— “(i) Amount of reduction .— An annuity payable under this subsection shall be reduced by an amount equal to any apportionment payments payable to the former wife or husband pursuant to the terms of a court order incident to the dissolution of the marriage of such former spouse and the participant, former participant, or retired participant. “(ii) Definition of terms .— For purposes of clause (i): “(I) Apportionment .— The term ‘apportionment’ means a portion of a retired participant’s annuity payable to a former wife or husband either by the retired participant or the Government in accordance with the terms of a court order. “(II) Court order .— The term ‘court order’ means any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. “(2) Limitations .— A former wife or husband is not entitled to an annuity under this subsection if— “(A) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; “(B) the former wife or husband is less than 50 years of age; or “(C) the former wife or husband meets the definition of ‘former spouse’ that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before December 4, 1991 [ section 204(b)(4) of Pub. L. 88–643 prior to enactment of Pub. L. 102–496 , formerly set out as a note under section 403 of this title ]. “(3) Commencement and termination.— “(A) Retirement annuities .— The entitlement of a former wife or husband to an annuity under this subsection— “(i) shall commence on the later of— “(I) October 1, 1994 ; “(II) the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under such Act [probably means Central Intelligence Agency Retirement Act, 50 U.S.C. 2001 et seq.]; or “(III) such former wife’s or husband’s 50th birthday; and “(ii) shall terminate on the earlier of— “(I) the last day of the month before the former wife or husband dies or remarries before 55 years of age, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or “(II) the date on which the annuity of the participant terminates. “(B) Disability annuities .— Notwithstanding subparagraph (A)(i)(II), in the case of a former wife or husband of a disability annuitant— “(i) the annuity of the former wife or husband shall commence on the date on which the participant would qualify on the basis of the participant’s creditable service for an annuity under the Central Intelligence Agency Retirement Act [ 50 U.S.C. 2001 et seq.] (other than a disability annuity) or the date the disability annuity begins, whichever is later; and “(ii) the amount of the annuity of the former wife or husband shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. “(C) Election of benefits .— A former wife or husband of a participant or retired participant shall not become entitled under this subsection to an annuity or to the restoration of an annuity unless the former wife or husband elects to receive it instead of any survivor annuity to which the former wife or husband may be entitled under the Central Intelligence Agency Retirement and Disability System or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. “(D) Application.— “(i) Time limit; waiver .— An annuity under this subsection shall not be payable unless appropriate written application is provided to the Director of Central Intelligence, complete with any supporting documentation which the Director may by regulation require, not later than October 1, 1995 . The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver. “(ii) Retroactive benefits .— Upon approval of an application under clause (i), the appropriate annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to an annuity under this subsection, but in no event shall an annuity be payable under this subsection with respect to any period before October 1, 1994 . “(4) Restoration of annuities .— Notwithstanding paragraph (3)(D)(i), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such annuity is restored after October 1, 1994 , under paragraph (2)(A) or (3)(A)(ii). “(5) Applicability in cases of participants transferred to fers .— The provisions of this subsection shall apply to a former wife or husband of a participant under the Central Intelligence Agency Retirement and Disability System who has elected to become subject to chapter 84 of title 5, United States Code. For purposes of this paragraph, any reference in this section to a participant’s annuity under the Central Intelligence Agency Retirement and Disability System shall be deemed to refer to the transferred participant’s annuity computed in accordance with section 302(a) of the Federal Employee’s Retirement System Act of 1986 [ Pub. L. 99–335 , 5 U.S.C. 8331 note]. “(6) Savings provision .— Nothing in this subsection shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under title II or III of the Central Intelligence Agency Retirement Act [ 50 U.S.C. 2011 et seq., 2151 et seq.]. “(c) Health Benefits .— [Amended section 3516 of this title .] “(d) Source of Payment for Annuities .— Annuities provided under subsections (a) and (b) shall be payable from the Central Intelligence Agency Retirement and Disability Fund maintained under section 202 of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2012 ). “(e) Effective Date.— “(1) In general .— Except as provided in paragraph (2), subsections (a) and (b) shall take effect as of October 1, 1994 , the amendments made by subsection (c) [amending section 3516 of this title ] shall apply to individuals on and after October 1, 1994 , and no benefits provided pursuant to those subsections shall be payable with respect to any period before October 1, 1994 . “(2) Section 16(d) of the Central Intelligence Agency Act of 1949 (as added by subsection (c) of this section) [ 50 U.S.C. 3516(d) ] shall apply to individuals beginning on the date of enactment of this Act [ Dec. 3, 1993 ].”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
A participant, former participant, or retired participant in the system who on November 15, 1982 , had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 2032(b) of this title .
If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.
If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.
For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section 2094(b) of this title.
An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant’s spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.
The amount of the reduction in the participant’s annuity shall be determined in accordance with section 2031(b)(2) of this title .
Such reduction shall be effective as of—
the commencing date of the participant’s annuity, in the case of an election under subsection (b)(1); or
November 15, 1982, in the case of an election under subsection (b)(2).
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
An individual who was a former spouse of a participant or retired participant on November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of—
the unreduced amount of the participant’s or retired participant’s annuity, as computed under section 2031(a) of this title; or
the unreduced amount of what such annuity as so computed would be if the participant, former participant, or retired participant had not elected payment of the lump-sum credit under section 2143 of this title.
A survivor annuity payable under this section shall be reduced by an amount equal to any survivor annuity payments made to the former spouse under section 2033 of this title .
A former spouse is not entitled to a survivor annuity under this section if—
the former spouse remarries before age 55, except that the entitlement of the former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
the former spouse is less than 50 years of age.
The entitlement of a former spouse to a survivor annuity under this section shall commence—
in the case of a former spouse of a participant or retired participant who is deceased as of October 1, 1986, beginning on the later of—
the 60th day after such date; or
the date on which the former spouse reaches age 50; and
in the case of any other former spouse, beginning on the latest of—
the date on which the participant or retired participant to whom the former spouse was married dies;
the 60th day after October 1, 1986; or
the date on which the former spouse attains age 50.
The entitlement of a former spouse to a survivor annuity under this section terminates on the last day of the month before the former spouse’s death or remarriage before attaining age 55. The entitlement of a former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce.
A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than April 1, 1989 . The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.
Upon approval of an application provided under paragraph (1), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before October 1, 1986 .
Notwithstanding subsection (d)(1), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such a survivor annuity is restored under subsection (b)(1) or (c)(2).
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
An individual who was a former spouse of a participant, former participant, or retired participant on November 15, 1982, and any former spouse divorced after November 15, 1982, from a participant or former participant who retired before November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an annuity—
if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such annuity.
A former spouse is not entitled to an annuity under this section if—
the former spouse remarries before age 55, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
the former spouse is less than 50 years of age.
The entitlement of a former spouse to an annuity under this section—
shall commence on the later of—
the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under this subchapter;
the first day of the month in which the divorce or annulment involved becomes final; or
such former spouse’s 50th birthday; and
shall terminate on the earlier of—
the last day of the month before the former spouse dies or remarries before 55 years of age, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
the date on which the annuity of the participant terminates.
Notwithstanding paragraph (1)(A)(i), in the case of a former spouse of a disability annuitant—
the annuity of the former spouse shall commence on the date on which the participant would qualify on the basis of the participant’s creditable service for an annuity under this subchapter (other than disability annuity) or the date the disability annuity begins, whichever is later; and
the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.
A former spouse of a participant or retired participant shall not become entitled under this section to an annuity or to the restoration of an annuity payable from the fund unless the former spouse elects to receive it instead of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.
An annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, not later than June 2, 1990 . The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.
Upon approval of an application under subparagraph (A), the appropriate annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before December 2, 1987 .
Notwithstanding subsection (c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such annuity is restored under subsection (b)(1) or (c)(1)(B).
Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this subchapter.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988 , from a participant, former participant, or retired participant shall be eligible for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applicable to former spouses (as defined in section 8331(23) of title 5 ) of participants in the Civil Service Retirement and Disability System (CSRS) as prescribed by the Civil Service Retirement Spouse Equity Act of 1984.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Part D— Benefits Accruing to Certain Participants
A participant who has become disabled shall, upon the participant’s own application or upon order of the Director, be retired on an annuity computed under subsection (b).
A participant shall be considered to be disabled only if the participant—
is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant’s position; and
is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service.
A claim may be allowed under this section only if the application is submitted before the participant is separated from the Agency or within one year thereafter.
The time limitation may be waived by the Director for a participant who, at the date of separation from the Agency or within one year thereafter, is mentally incompetent, if the application is filed with the Agency within one year from the date of restoration of the participant to competency or the appointment of a fiduciary, whichever is earlier.
Except as provided in paragraph (2), an annuity payable under subsection (a) shall be computed under section 2031(a) of this title . However, if the disabled or incapacitated participant has less than 20 years of service credit toward retirement under the system at the time of retirement, the annuity shall be computed on the assumption that the participant has had 20 years of service, but the additional service credit that may accrue to a participant under this paragraph may not exceed the difference between the participant’s age at the time of retirement and age 60.
If a participant retiring under this section is receiving retired pay or retainer pay for military service (except that specified in section 2082(e)(3) of this title ) or Department of Veterans Affairs compensation or pension in lieu of such retired or retainer pay, the annuity of that participant shall be computed under section 2031(a) of this title , excluding credit for such military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in section 5532 1 1 See References in Text note below. of title 5, or the Department of Veterans Affairs compensation or pension in lieu of such retired or retainer pay, is less than the annuity that would be payable under this section in the absence of the previous sentence, an amount equal to the difference shall be added to the annuity payable under section 2031(a) of this title .
In each case, the participant shall be given a medical examination by one or more duly qualified physicians or surgeons designated by the Director to conduct examinations, and disability shall be determined by the Director on the basis of the advice of such physicians or surgeons.
Unless the disability is permanent, like examinations shall be made annually until the annuitant becomes age 60. If the Director determines on the basis of the advice of one or more duly qualified physicians or surgeons conducting such examinations that an annuitant has recovered to the extent that the annuitant can return to duty, the annuitant may apply for reinstatement or reappointment in the Agency within one year from the date the annuitant’s recovery is determined.
Upon application, the Director may reinstate any such recovered disability annuitant in the grade held at time of retirement, or the Director may, taking into consideration the age, qualifications, and experience of such annuitant, and the present grade of the annuitant’s contemporaries in the Agency, appoint the annuitant to a grade higher than the one held before retirement.
Payment of the annuity shall continue until a date one year after the date of examination showing recovery or until the date of reinstatement or reappointment in the Agency, whichever is earlier.
Fees for examinations under this subsection, together with reasonable traveling and other expenses incurred in order to submit to examination, may be paid out of the fund.
If the annuitant fails to submit to examination as required under this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
If the annuitant receiving a disability retirement annuity is restored to earning capacity before becoming age 60, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is restored, whichever is earlier. Earning capacity shall be considered to be restored if in any calendar year the income of the annuitant from wages or self-employment, or both, equals at least 80 percent of the current rate of pay for the grade and step the annuitant held at the time of retirement.
If a recovered or restored disability annuitant whose annuity is discontinued is for any reason not reinstated or reappointed in the Agency, the annuitant shall be considered, except for service credit, to have been separated within the meaning of section 2054 of this title as of the date of termination of the disability annuity.
After such termination, the recovered or restored annuitant shall be entitled to the benefits of section 2054 or 2071(a) of this title, except that the annuitant may elect voluntary retirement under section 2053 of this title , if qualified thereunder, or may be placed by the Director in an involuntary retirement status under section 2055(a) of this title , if qualified thereunder. Retirement rights under this paragraph shall be based on the provisions of this subchapter in effect as of the date on which the disability annuity is discontinued.
If, based on a current medical examination, the Director determines that a recovered annuitant has, before reaching age 62, again become totally disabled due to recurrence of the disability for which the annuitant was originally retired, the annuitant’s terminated disability annuity (same type and rate) shall be reinstated from the date of such medical examination. If a restored-to-earning-capacity annuitant has not medically recovered from the disability for which retired and establishes to the Director’s satisfaction that the annuitant’s income from wages and self-employment in any calendar year before reaching age 62 was less than 80 percent of the rate of pay for the grade and step the annuitant held at the time of retirement, the annuitant’s terminated disability annuity (same type and rate) shall be reinstated from the first of the next following year. If the annuitant has been allowed an involuntary or voluntary retirement annuity in the meantime, the annuitant’s reinstated disability annuity shall be substituted for it unless the annuitant elects to retain the former benefit.
A participant is not entitled to receive for the same period of time—
an annuity under this subchapter, and
compensation for injury to, or disability of, such participant under subchapter I of chapter 81 of title 5, other than compensation payable under section 8107 of such title.
An individual is not entitled to receive an annuity under this subchapter and a concurrent benefit under subchapter I of chapter 81 of title 5 on account of the death of the same person.
Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of chapter 81 of title 5.
If an individual is entitled to an annuity under this subchapter and the individual receives a lump-sum payment for compensation under section 8135 of title 5 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Secretary of Labor, shall be refunded to the Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—
refund to the Secretary of Labor the amount representing the commuted compensation payments for the extended period; or
authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Secretary for reimbursement to the Employees’ Compensation Fund.
If the Secretary finds that the financial circumstances of an individual entitled to an annuity under this subchapter warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Secretary determines appropriate.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
If a participant dies before separation or retirement from the Agency and is survived by a spouse or by a former spouse qualifying for a survivor annuity under section 2032(b) of this title , such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and section 2031(a) of this title , and any such surviving former spouse shall be entitled to an annuity computed in accordance with section 2032(b) of this title and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this subchapter. The annuity of such surviving spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the death or remarriage before attaining age 55 of the surviving spouse or former spouse (subject to the payment and restoration provisions of sections 2031(b)(3)(C), 2031(i), and 2032(b)(3) of this title).
The annuity payable under paragraph (1) shall be computed in accordance with section 2031(a) of this title , except that the computation of the annuity of the participant under such section shall be at least the smaller of (A) 40 percent of the participant’s high-3 average pay, or (B) the sum obtained under such section after increasing the participant’s length of service by the difference between the participant’s age at the time of death and age 60.
Notwithstanding paragraph (1), if the participant had a former spouse qualifying for an annuity under section 2032(b) of this title , the annuity of a surviving spouse under this section shall be subject to the limitation of section 2031(b)(3)(B) of this title , and the annuity of a former spouse under this section shall be subject to the limitation of section 2032(b)(4)(B) of this title .
If a former spouse who is eligible for a death-in-service annuity under this section is or becomes eligible for an annuity under section 2034 of this title , the annuity provided under this section shall not be payable and shall be superseded by the annuity under section 2034 of this title .
In the case of a participant who before April 1, 1992, died before separation or retirement from the Agency and who was survived by a child or children—
if the participant was survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and
if the participant was not survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.
In the case of a participant who on or after April 1, 1992, dies before separation or retirement from the Agency and who is survived by a child or children—
if the participant is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and
if the participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.
For purposes of this subsection, the term “former spouse” includes any former wife or husband of a participant, regardless of the length of marriage or the amount of creditable service completed by the participant.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
A participant who is at least 50 years of age and has completed 20 years of service may, on the participant’s application and with the consent of the Director, be retired from the Agency and receive benefits in accordance with the provisions of section 2031 of this title if the participant has not less than 10 years of service with the Agency.
A participant who has at least 25 years of service, ten years of which are with the Agency, may retire, with the consent of the Director, at any age and receive benefits in accordance with the provisions of section 2031 of this title if the Office of Personnel Management has authorized separation from service voluntarily for Agency employees under section 8336(d)(2) of title 5 with respect to the Civil Service Retirement System or section 8414(b)(1)(B) of such title with respect to the Federal Employees’ Retirement System.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
A participant who separates from the Agency may, upon separation or at any time before the commencement of an annuity under this subchapter, elect—
to have the participant’s contributions to the fund returned to the participant in accordance with section 2071(a) of this title; or
except in a case in which the Director determines that separation was based in whole or in part on the ground of disloyalty to the United States, to leave the contributions in the fund and receive an annuity, computed as prescribed in section 2031 of this title, commencing at age 62.
If a participant who qualifies under subsection (a) to receive a deferred annuity commencing at age 62 dies before reaching age 62, the participant’s contributions to the fund, with interest, shall be paid in accordance with the provisions of section 2071 of this title .
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director may, in the Director’s discretion, place in a retired status any participant in the system described in paragraph (2).
Paragraph (1) applies with respect to any participant who has not less than 10 years of service with the Agency and who—
has completed at least 25 years of service; or
is at least 50 years of age and has completed at least 20 years of service.
A participant in the system shall be automatically retired from the Agency—
upon reaching age 65, in the case of a participant in the system who is at the Senior Intelligence Service rank of level 4 or above; and
upon reaching age 60, in the case of any other participant in the system.
Retirement under paragraph (1) shall be effective on the last day of the month in which the participant reaches the age applicable to that participant under that paragraph.
In any case in which the Director determines it to be in the public interest, the Director may extend the mandatory retirement date for a participant under this subsection by a period of not to exceed 5 years.
A participant retired under this section shall receive retirement benefits in accordance with section 2031 of this title .
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are eligible for an annuity under this subchapter based on that separation.
If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant’s pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.
Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Part E— Lump-Sum Payments
Subject to section 2082(d) of this title and subsection (b) of this section, a participant who—
is entitled to be paid the lump-sum credit. Receipt of the payment of the lump-sum credit by the former participant voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the former participant is reemployed in service subject to this subchapter.
is separated from the Agency for at least 31 consecutive days and is not transferred to employment covered by another retirement system for Government employees;
files an application with the Director for payment of the lump-sum credit;
is not reemployed in a position in which the participant is subject to this subchapter at the time the participant files the application; and
will not become eligible to receive an annuity under this subchapter within 31 days after filing the application,
Whenever a former participant becomes entitled to receive payment of the lump-sum credit under subsection (a), such lump-sum credit shall be paid to the former participant and to any former spouse or former wife or husband of the former participant in accordance with paragraphs (2) through (4). The former participant’s lump-sum credit shall be reduced by the amount of the lump-sum credit payable to any former spouse or former wife or husband.
Unless otherwise expressly provided by any spousal agreement or court order under section 2094(b) of this title, a former spouse of the former participant shall be entitled to receive a share of such participant’s lump-sum credit—
if married to the participant throughout the period of creditable service of the participant, equal to 50 percent of such lump-sum credit; or
if not married to the participant throughout such creditable service, equal to a proportion of 50 percent of such lump-sum credit which is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant bears to the total number of days of such creditable service.
Payment of the former participant’s lump-sum credit shall be subject to the terms of a court order under section 2094(c) of this title concerning any former wife or husband of the former participant if—
the court order expressly relates to any portion of such lump-sum credit; and
A lump-sum credit may be paid to or for the benefit of a former participant—
This paragraph may be waived under circumstances described in section 2031(b)(1)(D) of this title.
only upon written notification to (i) the current spouse, if any, (ii) any former spouse, and (iii) any former wife or husband who has a court order covered by paragraph (3); and
only if the express written concurrence of the current spouse has been received by the Director.
A lump-sum payment authorized by subsection (d) or (e) of this section 2121(d) 1 of this title and a payment of any accrued and unpaid annuity authorized by subsection (f) of this section shall be paid in the following order of precedence to individuals surviving the participant and alive on the date entitlement to the payment arises, upon establishment of a valid claim therefor, and such payment bars recovery by any other individual:
To the beneficiary or beneficiaries designated by such participant in a signed and witnessed writing received by the Director before the participant’s death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed with the Director shall have no force or effect.
If there is no designated beneficiary, to the surviving wife or husband of such participant.
If none of the above, to the child or children of such participant and descendent of deceased children by representation.
If none of the above, to the parents of such participant or the survivor of them.
If none of the above, to the duly appointed executor or administrator of the estate of such participant.
If none of the above, to such other next of kin of such participant as the Director determines to be legally entitled to such payment.
Except as provided in paragraph (2), if a former participant eligible for a deferred annuity under section 2054 of this title dies before reaching age 62, such former participant’s lump-sum credit shall be paid in accordance with subsection (c).
In any case where there is a surviving former spouse or surviving former wife or husband of such participant who is entitled to a share of such participant’s lump-sum credit under paragraphs (2) and (3) of subsection (b), the lump-sum credit payable under paragraph (1) shall be reduced by the lump-sum credit payable to such former spouse or former wife or husband.
If all annuity rights under this subchapter based on the service of a deceased participant or annuitant terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid in accordance with subsection (c).
If a retired participant dies, any annuity accrued and unpaid shall be paid in accordance with subsection (c).
An annuity accrued and unpaid on the termination, except by death, of the annuity of a survivor annuitant shall be paid to that individual. An annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other individual:
To the duly appointed executor or administrator of the estate of the survivor annuitant.
If there is no executor or administrator, to such next of kin of the survivor annuitant as the Director determines to be legally entitled to such payment, except that no payment shall be made under this paragraph until after the expiration of 30 days from the date of death of the survivor annuitant.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Part F— Period of Service for Annuities
For the purposes of this subchapter, the period of service of a participant shall be computed from the date on which the participant becomes a participant under this subchapter.
In computing the period of service of a participant, all periods of separation from the Agency and so much of any leave of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under chapter 81 of title 5 and leaves of absence granted participants while performing active and honorable service in the Armed Forces.
A participant or former participant who returns to Government duty after a period of separation shall have included in the participant or former participant’s period of service that part of the period of separation in which the participant or former participant was receiving benefits under chapter 81 of title 5.
The Director may from time to time establish a list of places outside the United States that, by reason of climatic or other extreme conditions, are to be classed as unhealthful posts. Such list shall be established in consultation with the Secretary of State.
Each year of duty at a post on the list established under paragraph (1), inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a participant under this subchapter for the purpose of retirement. In computing such service, any fractional month shall be treated as a full month.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
A participant may, subject to the provisions of this section, include in the participant’s period of service—
civilian service in the Government before becoming a participant that would be creditable toward retirement under subchapter III of chapter 83 of title 5 (as determined under section 8332(b) of such title); and
honorable active service in the Armed Forces before the date of the separation upon which eligibility for an annuity is based, or honorable active service in the Regular or Reserve Corps 1 of the Public Health Service after June 30, 1960, or as a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961.
Except as provided in paragraphs (2) and (3), the total service of any participant shall exclude—
unless the participant makes a deposit to the fund in an amount equal to the percentages of basic pay received for such service as specified in the table contained in section 8334(c) of title 5, together with interest computed in accordance with section 8334(e) of such title. The deposit may be made in one or more installments (including by allotment from pay), as determined by the Director.
any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made,
any period of service for which a refund of contributions has been made, or
any period of service for which contributions were not transferred pursuant to subsection (c)(1);
If a participant has not paid a deposit for civilian service performed before October 1, 1982 , for which retirement deductions were not made, such participant’s annuity shall be reduced by 10 percent of the deposit described in paragraph (1) remaining unpaid, unless the participant elects to eliminate the service involved for the purpose of the annuity computation.
A participant who received a refund of retirement contributions under this or any other retirement system for Government employees covering service for which the participant may be allowed credit under this subchapter may deposit the amount received, with interest computed under paragraph (1). Credit may not be allowed for the service covered by the refund until the deposit is made, except that a participant who—
shall be entitled to an annuity actuarially reduced in accordance with section 8334(d)(2)(B) of title 5.
separated from Government service before March 31, 1991, and received a refund of the participant’s retirement contributions covering a period of service ending before March 31, 1991;
is entitled to an annuity under this subchapter (other than a disability annuity) which commences after December 1, 1992; and
does not make the deposit required to receive credit for the service covered by the refund;
Credit toward retirement under the system shall not be allowed for any period of civilian service on the basis of which the participant is receiving (or will in the future be entitled to receive) an annuity under another retirement system for Government employees, unless the right to such annuity is waived and a deposit is made under paragraph (1) covering that period of service, or a transfer is made pursuant to subsection (c).
If an employee who is under another retirement system for Government employees becomes a participant in the system by direct transfer, the Government’s contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5 ) under such retirement system on behalf of the employee as well as such employee’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the employee’s credit in the fund effective as of the date such employee becomes a participant in the system.
Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered before becoming a participant in the system.
A participant whose contributions are transferred pursuant to paragraph (1) shall not be required to make additional contributions for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed for employees by section 8334(c) of title 5 for contributions to the fund.
If a participant in the system becomes an employee under another Government retirement system by direct transfer to employment covered by such system, the Government’s contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5 ) to the fund on the participant’s behalf as well as the participant’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the participant’s credit in the fund of such other retirement system effective as of the date on which the participant becomes eligible to participate in such other retirement system.
Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the fund on account of service rendered before the participant’s becoming eligible for participation in that other system.
If a deposit required to obtain credit for prior military service described in subsection (a)(2) was not made to another Government retirement fund and transferred under subsection (c)(1), the participant may obtain credit for such military service, subject to the provisions of this subsection and subsections (f) through (h), by applying for it to the Director before retirement or separation from the Agency.
Except as provided in paragraph (3)—
the service of a participant who first became a Federal employee before October 1, 1982, shall include credit for each period of military service performed before the date of separation on which entitlement to an annuity under this subchapter is based, subject to subsection (f); and
the service of a participant who first becomes a Federal employee on or after October 1, 1982, shall include credit for—
each period of military service performed before January 1, 1957, and
each period of military service performed after December 31, 1956, and before the separation on which entitlement to an annuity under this subchapter is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in subsection (h).
In the case of a participant who is entitled to retired pay based on a period of military service, the participant’s service may not include credit for such period of military service unless the retired pay is paid—
on account of a service-connected disability—
incurred in combat with an enemy of the United States; or
caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in section 1101 of title 38); or
under chapter 67 2 of title 10.
Notwithstanding paragraph (3), the survivor annuity of a survivor of a participant—
shall be computed in accordance with section 8332(c)(3) of title 5.
who was awarded retired pay based on any period of military service, and
whose death occurs before separation from the Agency,
Notwithstanding any other provision of this section (except paragraph (3) of this subsection) or section 2083 of this title , any military service (other than military service covered by military leave with pay from a civilian position) performed by a participant after December 1956 shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to such participant or to the participant’s spouse, former spouse, previous spouse, or child is based, if such participant, spouse, former spouse, previous spouse, or child is entitled (or would upon proper application be entitled), at the time of such determination, to monthly old-age or survivors’ insurance benefits under section 402 of title 42 , based on such participant’s wages and self-employment income. If the military service is not excluded under the preceding sentence, but upon attaining age 62, the participant or spouse, former spouse, or previous spouse becomes entitled (or would upon proper application be entitled) to such benefits, the aggregate period of service on which the annuity is based shall be redetermined, effective as of the first day of the month in which the participant or spouse, former spouse, or previous spouse attains age 62, so as to exclude such service.
The provisions of paragraph (1) relating to credit for military service do not apply to—
any period of military service of a participant with respect to which the participant has made a deposit with interest, if any, under subsection (h); or
the military service of any participant described in subsection (e)(2)(B).
The annuity recomputation required by paragraph (1) shall not apply to any participant who was entitled to an annuity under this subchapter on or before September 8, 1982, or who is entitled to a deferred annuity based on separation from the Agency occurring on or before such date. Instead of an annuity recomputation, the annuity of such participant shall be reduced at age 62 by an amount equal to a fraction of the participant’s old-age or survivors’ insurance benefits under section 402 of title 42. The reduction shall be determined by multiplying the participant’s monthly Social Security benefit by a fraction, the numerator of which is the participant’s total military wages and deemed additional wages (within the meaning of section 429 of title 42) that were subject to Social Security deductions and the denominator of which is the total of all the participant’s wages, including military wages, and all self-employment income that were subject to Social Security deductions before the calendar year in which the determination month occurs.
The reduction determined in accordance with subparagraph (A) shall not be greater than the reduction that would be required under paragraph (1) if such paragraph applied to the participant. The new formula shall be applicable to any annuity payment payable after October 1, 1982, including annuity payments to participants who had previously reached age 62 and whose annuities had already been recomputed.
For purposes of this paragraph, the term “determination month” means—
the first month for which the participant is entitled to old-age or survivors’ insurance benefits (or would be entitled to such benefits upon application therefor); or
October 1982, in the case of any participant entitled to such benefits for that month.
For the purpose of survivor annuities, deposits authorized by subsections (b) and (h) may also be made by the survivor of a participant.
Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37 to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on January 1, 1999, through December 31, 2000, shall be as follows:
7.25 percent of basic pay | January 1, 1999 , to December 31, 1999 .
7.4 percent of basic pay | January 1, 2000 , to December 31, 2000 .
The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).
Any deposit made under paragraph (1) more than two years after the later of—
shall include interest on such amount computed and compounded annually beginning on the date of expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under section 8334(e) of title 5.
October 1, 1983, or
the date on which the participant making the deposit first becomes an employee of the Federal Government,
Any payment received by the Director under this subsection shall be deposited in the Treasury of the United States to the credit of the fund.
The provisions of section 2031(l) of this title shall apply with respect to such information as the Director determines to be necessary for the administration of this subsection in the same manner that such section applies concerning information described in that section.
Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Amendment by Pub. L. 116–92 effective as if enacted on Oct. 28, 2009, and applicable to computations or participants, respectively, as of such date, see section 6202(e) of Pub. L. 116–92, set out as a note under section 2031 of this title.
Amendment by Pub. L. 106–346 effective upon the close of calendar year 2000 and applicable thereafter, see section 101(a) [title V, § 505(i)] of Pub. L. 106–346, set out as a note under section 8334 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 105–33 effective Oct. 1, 1997, see section 7001(f) of Pub. L. 105–33, set out as a note under section 8334 of Title 5, Government Organization and Employees.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
A participant who, during the period of any war or of any national emergency as proclaimed by the President or declared by the Congress, leaves the participant’s position in the Agency to enter military service shall not be considered, for purposes of this subchapter, as separated from the participant’s position in the Agency by reason of such military service, unless the participant applies for and receives a refund of contributions under this subchapter. Such a participant may not be considered as retaining such position in the Agency after December 31, 1956 , or upon the expiration of five years of such military service, whichever is later.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Part G— Moneys
The Director shall prepare the estimates of the annual appropriations required to be made to the fund.
The Director shall cause to be made actuarial valuations of the fund at such intervals as the Director determines to be necessary, but not less often than every five years.
Any statute which authorizes—
is deemed to authorize appropriations to the fund in order to provide funding for the unfunded liability created by that statute, in 30 equal annual installments with interest computed at the rate used in the then most recent valuation of the system and with the first payment thereof due as of the end of the fiscal year in which such new or liberalized benefit, extension of coverage, or increase in pay is effective.
new or increased benefits payable from the fund under this subchapter, including annuity increases other than under section 2131 of this title;
extension of the coverage of this subchapter to new groups of employees; or
increases in pay on which benefits are computed;
There is hereby authorized to be appropriated to the fund for each fiscal year such amounts as may be necessary to meet the amount of normal cost for each year that is not met by contributions under section 2021(a) of this title .
There is hereby authorized to be appropriated to the fund for each fiscal year such sums as may be necessary to provide the amount equivalent to—
less an amount determined by the Director to be appropriate to reflect the value of the deposits made to the credit of the fund under section 2082(h) of this title.
interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the system; and
that portion of disbursement for annuities for that year that the Director estimates is attributable to credit allowed for military service,
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director may, with the approval of the Secretary of the Treasury, invest from time to time in interest-bearing securities of the United States such portions of the fund as in the Director’s judgment may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances from the fund. The income derived from such investments shall be credited to and constitute a part of the fund.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Each annuity is stated as an annual amount, 1 ⁄ 12 of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.
Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after separation from the Agency or after pay ceases and the service and age requirements for title to an annuity are met.
The annuity of—
shall commence on the day after separation from the Agency or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
a participant involuntarily separated from the Agency;
a participant retiring under section 2051 of this title due to a disability; and
a participant who serves 3 days or less in the month of retirement;
Any other annuity payable from the fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
An annuity payable from the fund shall terminate—
in the case of a retired participant, on the day death or any other terminating event provided by this subchapter occurs; or
in the case of a former spouse or a survivor, on the last day of the month before death or any other terminating event occurs.
The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Director may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to the individual’s estate.
An individual entitled to an annuity from the fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Director. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect.
No payment shall be made from the fund unless an application for benefits based on the service of the participant is received by the Director before the 115th anniversary of the participant’s birth.
Notwithstanding paragraph (1), after the death of a participant or retired participant, no benefit based on that participant’s service may be paid from the fund unless an application for the benefit is received by the Director within 30 years after the death or other event which gives rise to eligibility for the benefit.
The Director shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the fund and disbursed to the States during the month following that calendar quarter.
An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests during any one calendar year.
Subject to paragraph (2), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Director.
This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements of the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Director may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Director shall be repaid by the State in accordance with regulations prescribed by the Director.
For the purpose of this subsection, the term “State” includes the District of Columbia and any territory or possession of the United States.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Except as provided in subsections (b), (c), and (e), none of the moneys mentioned in this subchapter shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.
In the case of any participant, former participant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement—
shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this subchapter.
any right of the former spouse to any annuity under section 2032(a) of this title in connection with any retirement or disability annuity of the participant, and the amount of any such annuity;
any right of the former spouse of a former participant to any payment of a lump-sum credit under section 2071(b) of this title, and the amount of any such payment;
Payments under this subchapter that would otherwise be made to a participant, former participant, or retired participant based upon that participant’s service shall be paid, in whole or in part, by the Director to another individual if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.
Subsections (b) and (c) apply only to payments made under this subchapter for periods beginning after the date of receipt by the Director of written notice of such decree, order, or agreement and such additional information and documentation as the Director may require.
Any payment under subsection (b) or (c) to an individual bars recovery by any other individual.
An individual entitled to an annuity from the fund may make allotments or assignments of amounts from such annuity for such purposes as the Director considers appropriate.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this subchapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Part H— Retired Participants Recalled, Reinstated, or Reappointed in Agency or Reemployed in Government
The Director may, with the consent of a retired participant, recall that participant to service in the Agency whenever the Director determines that such recall is in the public interest.
A retired participant recalled to duty in the Agency under subsection (a) or reinstated or reappointed in accordance with section 2051(c) of this title shall, while so serving, be entitled, in lieu of the retired participant’s annuity, to the full basic pay of the grade in which the retired participant is serving. During such service, the retired participant shall make contributions to the fund in accordance with section 2021 of this title .
When the retired participant reverts to retired status, the annuity of the retired participant shall be redetermined in accordance with section 2031 of this title .
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
For waiver of application of the dual compensation reduction provisions of this section for temporary employees during an emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, set out as a note under section 2141 of this title.
A participant retired under this subchapter shall not, by reason of that retired status, be barred from employment in Federal Government service in any appointive position for which the participant is qualified.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
An annuitant who has retired under this subchapter and who is reemployed in the Federal Government service in any appointive position (either on a part-time or full-time basis) shall be entitled to receive the annuity payable under this subchapter, but there shall be deducted from the annuitant’s basic pay a sum equal to the annuity allocable to the period of actual employment.
The Director shall have the authority to reemploy an annuitant on a part-time basis in accordance with section 8344( l ) of title 5.
In the event of an overpayment under this section, the amount of the overpayment shall be recovered by withholding the amount involved from the basic pay payable to such reemployed annuitant or from any other moneys, including the annuitant’s annuity, payable in accordance with this subchapter.
Sums deducted from the basic pay of a reemployed annuitant under this section shall be deposited in the Treasury of the United States to the credit of the fund.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
For waiver of application of the dual compensation reduction provisions of this section for temporary employees during an emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, set out as a note under section 2141 of this title.
Part I— Voluntary Contributions
Under such regulations as may be prescribed by the Director, a participant may voluntarily contribute additional sums in multiples of one percent of the participant’s basic pay, but not in excess of 10 percent of such basic pay.
The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest—
compounded annually to the date of election under subsection (b) or the date of payment under subsection (d).
for periods before January 1, 1985, at 3 percent a year; and
for periods on or after January 1, 1985, at the rate computed under section 8334(e) of title 5,
Effective on the date of retirement and at the election of the participant, the participant’s account shall be—
In the case of a benefit provided under paragraph (3) or (4), the participant shall notify the Director in writing of the name of the beneficiary of the cash payment or life annuity to be paid upon the participant’s death.
returned in a lump sum;
used to purchase an additional life annuity;
used to purchase an additional life annuity for the participant and to provide for a cash payment on the participant’s death to a beneficiary; or
used to purchase an additional life annuity for the participant and a life annuity commencing on the participant’s death payable to a beneficiary, with a guaranteed return to the beneficiary or the beneficiary’s legal representative of an amount equal to the cash payment referred to in paragraph (3).
The benefits provided by subsection (b)(2), (3), or (4) shall be actuarially equivalent in value to the payment provided for in subsection (b)(1) and shall be calculated upon such tables of mortality as may be from time to time prescribed for this purpose by the Director.
A voluntary contribution account shall be paid in a lump sum at such time as the participant dies or separates from the Agency without entitlement to an annuity. In the case of death, the account shall be paid in the order of precedence specified in section 2071(c) of this title .
Any benefit payable to a participant or to the participant’s beneficiary with respect to the additional contributions provided under this section shall be in addition to benefits otherwise provided under this subchapter.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Part J— Cost-of-Living Adjustment of Annuities
Each annuity payable from the fund shall be adjusted as follows:
Each cost-of-living annuity increase under this section shall be identical to the corresponding percentage increase under section 8340(b) of title 5.
A cost-of-living increase made under paragraph (1) shall become effective under this section on the effective date of each such increase under section 8340(b) of title 5. Except as provided in subsection (b), each such increase shall be applied to each annuity payable from the fund which has a commencing date not later than the effective date of the increase.
Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund as of the effective date of an increase, except as follows:
The first cost-of-living increase (if any) made under subsection (a) to an annuity which is payable from the fund to a participant who retires, to the surviving spouse, former spouse, or previous spouse of a participant who dies in service, or to the surviving spouse, former spouse, previous spouse, or insurable interest designee of a deceased annuitant whose annuity has not been increased under this subsection or subsection (a), shall be equal to the product (adjusted to the nearest ⅒ of one percent) of—
1⁄12 of the applicable percent change computed under subsection (a), multiplied by
the number of months (not to exceed 12 months, counting any portion of a month as a month)—
for which the annuity was payable from the fund before the effective date of the increase, or
in the case of a surviving spouse, former spouse, previous spouse, or insurable interest designee of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
Effective from its commencing date, an annuity payable from the fund to an annuitant’s survivor (other than a child entitled to an annuity under section 2031(d) of this title) shall be increased by the total percentage increase the annuitant was receiving under this section at death.
For purposes of computing the annuity of a child under section 2031(d) of this title that commences after October 31, 1969, the dollar amounts specified in section 2031(d)(3) of this title shall each be increased by the total percentage increases allowed and in force under this section on or after such day and, in the case of a deceased annuitant, the percentages specified in that section shall be increased by the total percent allowed and in force to the annuitant under this section on or after such day.
An annuity increase provided by this section may not be computed on any additional annuity purchased at retirement by voluntary contributions.
The monthly annuity installment, after adjustment under this section, shall be rounded to the next lowest dollar, except that such installment shall, after adjustment, reflect an increase of at least $1.
An annuity shall not be increased by reason of an adjustment under this section to an amount which exceeds the greater of—
the maximum pay payable for GS–15 30 days before the effective date of the adjustment under this section; or
the final pay (or average pay, if higher) of the participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in the rates of pay of the General Schedule under subchapter I of chapter 53 of title 5 during the period—
beginning on the date on which the annuity commenced (or, in the case of a survivor of the retired participant, the date on which the participant’s annuity commenced), and
ending on the effective date of the adjustment under this section.
For purposes of paragraph (1), the term “pay” means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under this section delayed until first day of third calendar month after date such increase would otherwise take effect, see section 11001 of Pub. L. 103–66, set out as a note under section 8340 of Title 5, Government Organization and Employees.
Part K— Conformity With Civil Service Retirement System
Whenever the President determines that it would be appropriate for the purpose of maintaining existing conformity between the Civil Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with respect to substantially identical provisions, the President may, by Executive order, extend to current or former participants in the Central Intelligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which—
amends subchapter III of chapter 83 of title 5 and is applicable to civil service employees generally; or
otherwise affects current or former participants in the Civil Service Retirement and Disability System, or their survivors.
Any such order shall extend such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former participants, or survivors.
Any such order shall have the force and effect of law.
Any such order may be given retroactive effect to a date not earlier than the effective date of the corresponding provision of law applicable to employees under the Civil Service Retirement System.
Provisions of an Executive order issued pursuant to this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith—
provisions of law enacted before the effective date of the Executive order; and
any prior provision of an Executive order issued under this section.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director to provide an open enrollment period for employee participants in the Central Intelligence Agency Retirement and Disability System to elect the Federal Employees’ Retirement System, see Ex. Ord. No. 13105, § 2, Nov. 2, 1998, 63 F.R. 60201, set out as a note under section 4067 of Title 22, Foreign Relations and Intercourse.
The Director of Central Intelligence to issue regulations to reflect application of sections 3(a) and 3(b) of Pub. L. 106–571, amending sections 8331 and 8339 of Title 5, Government Organization and Employees, to the Central Intelligence Agency Retirement and Disability System, see Ex. Ord. No. 13297, § 3(b), Apr. 23, 2003, 68 F.R. 22566, set out as a note under section 4067 of Title 22, Foreign Relations and Intercourse.
Participants in the system shall be deemed to be employees for the purposes of section 8351 of title 5 .
Subsections (k) and (m) of section 8461 of title 5 shall apply with respect to contributions made by participants to the Thrift Savings Fund under section 8351 of such title and to earnings attributable to the investment of such contributions.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under section 2051 of this title ), elect annuity benefits under this section instead of any other benefits under this subchapter (including any survivor benefits under this subchapter) based on the service of the participant creditable under this subchapter.
The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a of title 5 .
Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under that subsection.
The Director shall submit the regulations prescribed under subsection (a) to the congressional intelligence committees before the regulations take effect.
Amendment by Pub. L. 103–66 effective Oct. 1, 1994, and applicable with respect to any annuity commencing on or after that date, see section 11002(d) of Pub. L. 103–66, set out as a note under section 8343a of Title 5, Government Organization and Employees.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The amount of the increase in any annuity that results from the application of section 3518 of this title , if and when such increase is based on an individual’s overseas service as an employee of the Central Intelligence Agency, shall be paid from the fund.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
SUBCHAPTER III— PARTICIPATION IN FEDERAL EMPLOYEES’ RETIREMENT SYSTEM
Except as provided in subsections (b) and (c), all employees of the Agency, any of whose service after December 31, 1983 , is employment for the purpose of title II of the Social Security Act [ 42 U.S.C. 401 et seq.] and chapter 21 of title 26, shall be subject to chapter 84 of title 5.
Participants in the Central Intelligence Agency Retirement and Disability System who were participants in such system on or before December 31, 1983 , and who have not had a break in service in excess of one year since that date, are not subject to chapter 84 of title 5 without regard to whether they are subject to title II of the Social Security Act [ 42 U.S.C. 401 et seq.].
The provisions of chapter 84 of title 5 shall not apply with respect to—
any individual who separates, or who has separated, from Federal Government service after having been an employee of the Agency subject to subchapter II of this chapter; and
any employee of the Agency having at least 5 years of civilian service which was performed before January 1, 1987, and is creditable under subchapter II of this chapter (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, or under subchapter II of this chapter, or any requirement that the individual become subject to such subchapter or to subchapter II of this chapter after performing the service involved).
Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under section 2157 of this title to become subject to chapter 84 of title 5 to the extent provided in such regulations.
An individual described in paragraph (1) shall be deemed to be an individual excluded under section 8402(b)(2) of title 5.
An employee who is designated as a participant in the Central Intelligence Agency Retirement and Disability System after December 31, 1987, pursuant to section 2013 of this title may elect to become subject to chapter 84 of title 5. Such election—
shall not be effective unless it is made during the six-month period beginning on the date on which the employee is so designated;
shall take effect beginning with the first pay period beginning after the date of the election; and
shall be irrevocable.
The application of the provisions of chapter 84 of title 5 to an employee referred to in subsection (a) shall be subject to the exceptions and special rules provided in this subchapter. Any provision of that chapter which is inconsistent with a special rule provided in this subchapter shall not apply to such employees.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Except as otherwise provided in this section, in the application of chapter 84 of title 5 to an employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 2013 of this title , such employee shall be treated for purposes of determining such employee’s retirement benefits and obligations under such chapter as if the employee were a law enforcement officer (as defined in section 8401(17) of title 5 ).
Except as provided in paragraph (2), section 2111 of this title shall apply to an employee referred to in subsection (a).
Contributions during recall service shall be made as provided in section 8422 of title 5.
When an employee recalled under this subsection reverts to a retired status, the annuity of such employee shall be redetermined under the provisions of chapter 84 of title 5.
In this subsection—
the term “affected employee” means an employee of the Agency covered under subchapter II of chapter 84 of title 5 who—
is performing service in a position designated under subsection (a);
while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under section 2053 of this title or section 8412(d)(1) of title 5;
because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Director; and
is appointed to a position in the civil service that is not a covered position but is within the Agency; and
the term “covered position” means a position as—
a member of the United States Capitol Police;
a member of the Supreme Court Police;
an affected employee; or
a special agent described in section 4044(15) of title 22.
Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this chapter and chapter 84 of title 5, including eligibility for an annuity under section 2053 of this title or 8412(d)(1) of title 5 and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5 .
Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days.
The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.
An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5 without regard to paragraph (2).
Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
For provisions relating to promulgation of regulations to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.
Notwithstanding any provision of chapter 84 of title 5, the annuity under subchapter II of such chapter of a retired employee of the Agency who is not designated under section 2152(a) of this title and who has served abroad as an employee of the Agency after December 31, 1986 , shall be computed as provided in subsection (b).
The portion of the annuity relating to such service abroad shall be computed as provided in section 8415(e) of title 5 .
The portions of the annuity relating to other creditable service shall be computed as provided in section 8415 of such title that is applicable to such service under the conditions prescribed in chapter 84 of such title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5 shall apply in the case of an employee of the Agency who is subject to chapter 84 of title 5 and who has a former spouse (as defined in section 8401(12) of title 5 ) or a qualified former spouse.
For purposes of this section:
The term “employee” means an employee of the Agency who is subject to chapter 84 of title 5, including an employee referred to in section 2152(a) of this title .
The term “qualified former spouse” means a former spouse of an employee or retired employee who—
in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under section 8411 of title 5, at least 5 years of which were spent outside the United States by both the employee and the former spouse during the employee’s service with the Agency; and
in the case of a former spouse whose divorce from such employee becomes final after December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under section 8411 of title 5, at least 5 years of which were spent by the employee outside the United States during the employee’s service with the Agency or otherwise in a position the duties of which qualified the employee for designation by the Director under the criteria prescribed in section 2013 of this title.
The term “pro rata share” means the percentage that is equal to (A) the number of days of the marriage of the qualified former spouse to the employee during the employee’s periods of creditable service under chapter 84 of title 5, divided by (B) the total number of days of the employee’s creditable service.
The term “spousal agreement” means an agreement between an employee, former employee, or retired employee and such employee’s spouse or qualified former spouse that—
is in writing, is signed by the parties, and is notarized;
has not been modified by court order; and
has been authenticated by the Director.
The term “court order” means any court decree of divorce, annulment or legal separation, or any court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.
Unless otherwise expressly provided by a spousal agreement or court order governing disposition of benefits payable under subchapter II or V of chapter 84 of title 5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of all benefits otherwise payable to such employee under subchapter II or V of chapter 84 of title 5.
The share referred to in subparagraph (A) equals—
50 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee’s service which is creditable under chapter 84 of title 5; or
a pro rata share of 50 percent, if the qualified former spouse was not married to the employee throughout such creditable service.
The benefits payable to an employee under subchapter II of chapter 84 of title 5 shall include, for purposes of this subsection, any annuity supplement payable to such employee under sections 8421 and 8421a of such title.
A qualified former spouse shall not be entitled to any benefit under this subsection if, before the commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
The benefits of a qualified former spouse under this subsection commence on the later of—
the day on which the employee upon whose service the benefits are based becomes entitled to the benefits; or
the first day of the second month beginning after the date on which the Director receives written notice of the court order or spousal agreement, together with such additional information or documentation as the Director may prescribe.
The benefits of the qualified former spouse and the right thereto terminate on—
the last day of the month before the qualified former spouse remarries before 55 years of age or dies; or
the date on which the retired employee’s benefits terminate (except in the case of benefits subject to paragraph (5)(B)).
Any reduction in payments to a retired employee as a result of payments to a qualified former spouse under this subsection shall be disregarded in calculating—
the survivor annuity for any spouse, former spouse (qualified or otherwise), or other survivor under chapter 84 of title 5, and
If a retired employee whose annuity is reduced under paragraph (1) is recalled to service under section 2152(c) of this title , the basic pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
Notwithstanding paragraphs (1) and (4), in the case of any qualified former spouse of a disability annuitant—
the annuity of such former spouse shall commence on the date on which the employee would qualify, on the basis of the employee’s creditable service, for benefits under subchapter II of chapter 84 of title 5 or on the date on which the disability annuity begins, whichever is later; and
the amount of the annuity of the qualified former spouse shall be calculated on the basis of the benefits for which the employee would otherwise qualify under subchapter II of chapter 84 of such title.
Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, the share of such employee’s qualified former spouse shall equal the sum of—
50 percent of the employee’s annuity under subchapter III of chapter 83 of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section 2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service before the effective date of the election to transfer bears to the employee’s total creditable service before such effective date; and
if applicable, 50 percent of the employee’s benefits under chapter 84 of title 5 or section 2152(a) of this title (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section 2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service on and after the effective date of the election to transfer bears to the employee’s total creditable service after such effective date.
For purposes of title 26, payments to a qualified former spouse under this subsection shall be treated as income to the qualified former spouse and not to the employee.
Subject to an election under section 8416(a) of title 5 , and unless otherwise expressly provided by any spousal agreement or court order governing survivor benefits payable under this subsection to a qualified former spouse, such former spouse is entitled to a share, determined under subparagraph (B), of all survivor benefits that would otherwise be payable under subchapter IV of chapter 84 of title 5 to an eligible surviving spouse of the employee.
The share referred to in subparagraph (A) equals—
100 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee’s service which is creditable under chapter 84 of title 5; or
a pro rata share of 100 percent, if the qualified former spouse was not married to the employee throughout such creditable service.
The survivor benefits payable under this subsection to a qualified former spouse shall include the amount payable under section 8442(b)(1)(A) of title 5 and any supplementary annuity under section 8442(f) of such title that would be payable if such former spouse were a widow or widower entitled to an annuity under such section.
Any calculation under section 8442(f) of title 5 of the supplementary annuity payable to a widow or widower of an employee referred to in section 2152(a) of this title shall be based on an “assumed CIARDS annuity” rather than an “assumed CSRS annuity” as stated in section 8442(f) of such title. For the purpose of this subparagraph, the term “assumed CIARDS annuity” means the amount of the survivor annuity to which the widow or widower would be entitled under subchapter II of this chapter based on the service of the deceased annuitant determined under section 8442(f)(5) of such title.
A qualified former spouse shall not be entitled to any benefit under this subsection if, before commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
If the survivor annuity payable under this subsection to a surviving qualified former spouse is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date such remarriage is dissolved by death, divorce, or annulment, if—
such former spouse elects to receive this survivor annuity instead of any other survivor benefit to which such former spouse may be entitled under subchapter IV of chapter 84 of title 5, or under another retirement system for Government employees by reason of the remarriage; and
any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund.
A modification in a court order or spousal agreement to adjust a qualified former spouse’s share of the survivor benefits shall not be effective if issued after the retirement or death of the employee, former employee, or annuitant, whichever occurs first.
After a qualified former spouse of a retired employee remarries before becoming age 55 or dies, the reduction in the retired employee’s annuity for the purpose of providing a survivor annuity for such former spouse shall be terminated. The annuitant may elect, in a signed writing received by the Director within 2 years after the qualified former spouse’s remarriage or death, to continue the reduction in order to provide or increase the survivor annuity for such annuitant’s spouse. The annuitant making such election shall pay a deposit in accordance with the provisions of section 8418 of title 5 .
Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, the share of such employee’s qualified former spouse to survivor benefits shall equal the sum of—
50 percent of the employee’s annuity under subchapter III of chapter 83 of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section 2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service before the effective date of the election to transfer bears to the employee’s total creditable service before such effective date; and
if applicable—
multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service on and after the effective date of the election to transfer bears to the employee’s total creditable service after such effective date.
the survivor benefits referred to in subsection (d)(2)(A),
Unless otherwise expressly provided by a spousal agreement or court order governing disposition of the balance of an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of the balance in the employee’s account in the Thrift Savings Fund on the date the divorce of the qualified former spouse and employee becomes final.
The share referred to in subparagraph (A) equals 50 percent of the employee’s account balance in the Thrift Savings Fund that accrued during the period of marriage. For purposes of this subsection, the employee’s account balance shall not include the amount of any outstanding loan.
The entitlement of a qualified former spouse under paragraph (1) shall be effective on the date the divorce of the qualified former spouse and employee becomes final. The qualified former spouse’s benefit shall be payable after the date on which the Director receives the divorce decree or any applicable court order or spousal agreement, together with such additional information or documentation as the Director may require.
The qualified former spouse’s benefit under this subsection shall be paid in a lump sum.
A spousal agreement or court order may not provide for payment to a qualified former spouse under this subsection of an amount that exceeds the employee’s account balance in the Thrift Savings Fund.
If the qualified former spouse dies before payment of the benefit provided under this subsection, such payment shall be made to the estate of the qualified former spouse.
Any payment under this subsection to an individual bars recovery by any other individual.
No payment under this subsection may be made by the Director if the date on which the divorce becomes final is after the date on which the total amount of the employee’s account balance has been withdrawn or transferred, or the date on which an annuity contract has been purchased, in accordance with section 8433 of title 5 .
An employee may not make an election or modification of election under section 8417 or 8418 of title 5, or other section relating to the employee’s annuity under subchapter II of chapter 84 of title 5, that would diminish the entitlement of a qualified former spouse to any benefit granted to such former spouse by this section or by court order or spousal agreement.
Whenever an employee or former employee becomes entitled to receive the lump-sum credit under section 8424(a) of title 5 , a share (determined under subsection (c)(1)(B) of this section) of that lump-sum credit shall be paid to any qualified former spouse of such employee, unless otherwise expressly provided by any spousal agreement or court order governing disposition of the lump-sum credit involved.
In the case of any employee or retired employee who has a qualified former spouse who is covered by a court order or who is a party to a spousal agreement—
shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this section.
any right of the qualified former spouse to any retirement benefits under subsection (c) and to any survivor benefits under subsection (d), and the amount of any such benefits;
any right of the qualified former spouse to any Thrift Savings Plan benefit under subsection (e), and the amount of any such benefit; and
any right of the qualified former spouse to any payment of a lump-sum credit under subsection (g), and the amount of any such payment;
Except as provided in paragraph (2), in the case of an employee who has elected to become subject to chapter 84 of title 5, the provisions of sections 2034 and 2035 of this title shall apply to such employee’s former spouse (as defined in section 2002(a)(4) of this title) who would otherwise be eligible for benefits under sections 2034 and 2035 of this title but for the employee having elected to become subject to such chapter.
the retirement benefits shall be equal to the amount determined under subsection (c)(7)(A); and
the survivor benefits shall be equal to 55 percent of the full amount of the employee’s annuity computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or regulations prescribed under section 2157 of this title.
Benefits provided pursuant to this subsection shall be payable from the Central Intelligence Agency Retirement and Disability Fund.
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Section 2011(c) of this title shall apply in the administration of chapter 84 of title 5 with respect to employees of the Agency.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director shall prescribe in regulations appropriate procedures to carry out this subchapter. Such regulations shall be prescribed in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board.
The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
The Director shall prescribe regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees’ Retirement System provided in chapter 84 of title 5 in a manner consistent with sections 301 through 304 of the Federal Employees’ Retirement System Act of 1986.
The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
CHAPTER 39— SPOILS OF WAR
Spoils of war in the possession, custody, or control of the United States may be transferred to any other party, including any government, group, or person, by sale, grant, loan or in any other manner, only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred.
Any transfer pursuant to subsection (a) shall be subject to all of the terms, conditions, and requirements applicable to the transfer of property of the same type otherwise owned by the United States.
Pub. L. 103–236, title V, § 551, Apr. 30, 1994, 108 Stat. 482, provided that:
“This part [part B (§§ 551–556) of title V of Pub. L. 103–236 , enacting this chapter] may be cited as the ‘Spoils of War Act of 1994’.”
Spoils of war in the possession, custody, or control of the United States may not be transferred to any country determined by the Secretary of State, for purposes of section 2780 of title 22 , to be a nation whose government has repeatedly provided support for acts of international terrorism.
Not later than 90 days after April 30, 1994 , the President shall submit to the appropriate congressional committees a report describing any spoils of war obtained subsequent to August 2, 1990 that were transferred to any party, including any government, group, or person, before April 30, 1994 . Such report shall be submitted in unclassified form to the extent possible.
As used in this chapter—
the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, or, where required by law for certain reporting purposes, the Select Committee on Intelligence of the Senate and the Select 1 Committee on Intelligence of the House of Representatives;
the term “enemy” means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States;
the term “person” means—
any natural person;
any corporation, partnership, or other legal entity; and
any organization, association, or group; and
the term “spoils of war” means enemy movable property lawfully captured, seized, confiscated, or found which has become United States property in accordance with the laws of war.
Nothing in this chapter shall apply to—
the abandonment or failure to take possession of spoils of war by troops in the field for valid military reasons related to the conduct of the immediate conflict, including the burden of transporting such property or a decision to allow allied forces to take immediate possession of certain property solely for use during an ongoing conflict;
the abandonment or return of any property obtained, borrowed, or requisitioned for temporary use during military operations without intent to retain possession of such property;
the destruction of spoils of war by troops in the field;
the return of spoils of war to previous owners from whom such property had been seized by enemy forces; or
minor articles of personal property which have lawfully become the property of individual members of the armed forces as war trophies pursuant to public written authorization from the Department of Defense.
CHAPTER 40— DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Congress makes the following findings:
Weapons of mass destruction and related materials and technologies are increasingly available from worldwide sources. Technical information relating to such weapons is readily available on the Internet, and raw materials for chemical, biological, and radiological weapons are widely available for legitimate commercial purposes.
The former Soviet Union produced and maintained a vast array of nuclear, biological, and chemical weapons of mass destruction.
Many of the states of the former Soviet Union retain the facilities, materials, and technologies capable of producing additional quantities of weapons of mass destruction.
The disintegration of the former Soviet Union was accompanied by disruptions of command and control systems, deficiencies in accountability for weapons, weapons-related materials and technologies, economic hardships, and significant gaps in border control among the states of the former Soviet Union. The problems of organized crime and corruption in the states of the former Soviet Union increase the potential for proliferation of nuclear, radiological, biological, and chemical weapons and related materials.
The conditions described in paragraph (4) have substantially increased the ability of potentially hostile nations, terrorist groups, and individuals to acquire weapons of mass destruction and related materials and technologies from within the states of the former Soviet Union and from unemployed scientists who worked on those programs.
As a result of such conditions, the capability of potentially hostile nations and terrorist groups to acquire nuclear, radiological, biological, and chemical weapons is greater than at any time in history.
The President has identified North Korea, Iraq, Iran, and Libya as hostile states which already possess some weapons of mass destruction and are developing others.
The acquisition or the development and use of weapons of mass destruction is well within the capability of many extremist and terrorist movements, acting independently or as proxies for foreign states.
Foreign states can transfer weapons to or otherwise aid extremist and terrorist movements indirectly and with plausible deniability.
Terrorist groups have already conducted chemical attacks against civilian targets in the United States and Japan, and a radiological attack in Russia.
The potential for the national security of the United States to be threatened by nuclear, radiological, chemical, or biological terrorism must be taken seriously.
There is a significant and growing threat of attack by weapons of mass destruction on targets that are not military targets in the usual sense of the term.
Concomitantly, the threat posed to the citizens of the United States by nuclear, radiological, biological, and chemical weapons delivered by unconventional means is significant and growing.
Mass terror may result from terrorist incidents involving nuclear, radiological, biological, or chemical materials.
Facilities required for production of radiological, biological, and chemical weapons are much smaller and harder to detect than nuclear weapons facilities, and biological and chemical weapons can be deployed by alternative delivery means other than long-range ballistic missiles.
Covert or unconventional means of delivery of nuclear, radiological, biological, and chemical weapons include cargo ships, passenger aircraft, commercial and private vehicles and vessels, and commercial cargo shipments routed through multiple destinations.
Traditional arms control efforts assume large state efforts with detectable manufacturing programs and weapons production programs, but are ineffective in monitoring and controlling smaller, though potentially more dangerous, unconventional proliferation efforts.
Conventional counterproliferation efforts would do little to detect or prevent the rapid development of a capability to suddenly manufacture several hundred chemical or biological weapons with nothing but commercial supplies and equipment.
The United States lacks adequate planning and countermeasures to address the threat of nuclear, radiological, biological, and chemical terrorism.
The Department of Energy has established a Nuclear Emergency Response Team which is available in case of nuclear or radiological emergencies, but no comparable units exist to deal with emergencies involving biological or chemical weapons or related materials.
State and local emergency response personnel are not adequately prepared or trained for incidents involving nuclear, radiological, biological, or chemical materials.
Exercises of the Federal, State, and local response to nuclear, radiological, biological, or chemical terrorism have revealed serious deficiencies in preparedness and severe problems of coordination.
The development of, and allocation of responsibilities for, effective countermeasures to nuclear, radiological, biological, or chemical terrorism in the United States requires well-coordinated participation of many Federal agencies, and careful planning by the Federal Government and State and local governments.
Training and exercises can significantly improve the preparedness of State and local emergency response personnel for emergencies involving nuclear, radiological, biological, or chemical weapons or related materials.
Sharing of the expertise and capabilities of the Department of Defense, which traditionally has provided assistance to Federal, State, and local officials in neutralizing, dismantling, and disposing of explosive ordnance, as well as radiological, biological, and chemical materials, can be a vital contribution to the development and deployment of countermeasures against nuclear, biological, and chemical weapons of mass destruction.
The United States lacks effective policy coordination regarding the threat posed by the proliferation of weapons of mass destruction.
Pub. L. 104–201, div. A, title XIV, § 1401, Sept. 23, 1996, 110 Stat. 2715, provided that:
“This title [enacting this chapter, section 382 of Title 10 , Armed Forces, and sections 175a and 2332d of Title 18, Crimes and Criminal Procedure, amending section 1705 of this title , section 372 of Title 10 , and provisions set out as a note under section 5955 of Title 22 , Foreign Relations and Intercourse] may be cited as the ‘Defense Against Weapons of Mass Destruction Act of 1996’.”
Pub. L. 107–228, div. B, title XIII, § 1331, Sept. 30, 2002, 116 Stat. 1448, provided that:
“This subtitle [subtitle C (§§ 1331–1339) of title XIII of div. B of Pub. L. 107–228 , enacting subchapter IV–A of this chapter] may be cited as the ‘Nonproliferation Assistance Coordination Act of 2002’.”
Pub. L. 109–364, div. C, title XXXI, § 3114, Oct. 17, 2006, 120 Stat. 2505, as amended by Pub. L. 110–417, div. C, title XXXI, § 3115, Oct. 14, 2008, 122 Stat. 4757, provided that:
“(a) In General .— The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program of the National Nuclear Security Administration. “(b) Retention and Use of Amounts .— Notwithstanding section 3302 of title 31 , United States Code, the Secretary of Energy may retain and use amounts contributed under an agreement under subsection (a) for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program. Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available for use without further appropriation and without fiscal year limitation. “(c) Return of Amounts Not Used Within 5 Years .— If an amount contributed under an agreement under subsection (a) is not used under this section within 5 years after it was contributed, the Secretary of Energy shall return that amount to the person who contributed it. “(d) Notice to Congressional Defense Committees .— Not later than 30 days after the receipt of an amount contributed under subsection (a), the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notice specifying the purpose and value of the contribution and identifying the person who contributed it. The Secretary may not use the amount until 15 days after the notice is submitted. “(e) Annual Report .— Not later than October 31 of each year, the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the receipt and use of amounts under this section during the preceding fiscal year. Each report for a fiscal year shall set forth— “(1) a statement of any amounts received under this section, including, for each such amount, the value of the contribution and the person who contributed it; “(2) a statement of any amounts used under this section, including, for each such amount, the purposes for which the amount was used; and “(3) a statement of the amounts retained but not used under this section, including, for each such amount, the purposes (if known) for which the Secretary intends to use the amount. “(f) Expiration .— The authority to accept, retain, and use contributions under this section expires on December 31, 2015 .”
Pub. L. 114–92, div. A, title X, § 1089(a), (b), Nov. 25, 2015, 129 Stat. 1015, 1016, provided that:
“(a) Reestablishment .— The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654 A–345) [formerly set out below], and reestablished pursuant to section 1052 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 50 U.S.C. 2301 note), known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished. “(b) Membership .— Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. If a Commissioner is unwilling or unable to serve on the Commission, the Secretary of Defense, in consultation with the chairmen and ranking members of the Committees on Armed Services of the House of Representatives and the Senate, shall appoint a new member to fill that vacancy.”
Pub. L. 109–163, div. A, title X, § 1052(a)–(c), Jan. 6, 2006, 119 Stat. 3434, provided that:
“(a) Reestablishment .— The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654 A–345) [formerly set out below], known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished. “(b) Membership .— The Commission as reestablished shall have the same membership as the Commission had as of the date of the submission of the report of the Commission pursuant to section 1403(a) of such Act, as in effect before the date of the enactment of this Act [ Jan. 6, 2006 ]. Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. “(c) Commission Charter Defined .— In this section [enacting this note and amending title XIV of Pub. L. 106–398 , formerly set out below], the term ‘Commission charter’ means title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654 A–345 et seq.).”
Pub. L. 106–398, § 1 [[div. A], title XIV], Oct. 30, 2000, 114 Stat. 1654, 1654A–345, as amended by Pub. L. 109–163, div. A, title X, § 1052(d)–(j), Jan. 6, 2006, 119 Stat. 3434, 3435; Pub. L. 109–364, div. A, title X, § 1073, Oct. 17, 2006, 120 Stat. 2403; Pub. L. 110–181, div. A, title X, §§ 1063(e)(2), 1075(a), (b), Jan. 28, 2008, 122 Stat. 323, 333; Pub. L. 111–383, div. A, title X, § 1075(f)(8), Jan. 7, 2011, 124 Stat. 4376; Pub. L. 114–92, div. A, title X, § 1089(d)–(g), Nov. 25, 2015, 129 Stat. 1016, which related to the Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack, was repealed by Pub. L. 115–91, div. A, title XVI, § 1691(i), Dec. 12, 2017, 131 Stat. 1788, as amended by Pub. L. 115–232, div. A, title X, § 1081(c)(4), Aug. 13, 2018, 132 Stat. 1985. See section 1691(a)–(h) of Pub. L. 115–91, 131 Stat. 1786–1788.
[Pub. L. 115–232, div. A, title X, § 1081(c), Aug. 13, 2018, 132 Stat. 1985, provided that the amendment made by section 1081(c)(4) to section 1691(i) of Pub. L. 115–91, repealing section 1 of Pub. L. 106–398, set out above, is effective as of Dec. 12, 2017, and as if included in Pub. L. 115–91 as enacted.]
Pub. L. 105–261, div. A, title XIV, Oct. 17, 1998, 112 Stat. 2167, as amended by Pub. L. 106–65, div. A, title X, § 1064, Oct. 5, 1999, 113 Stat. 769, Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)(7)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293; Pub. L. 107–107, div. A, title XV, § 1514(a), (b)(1), Dec. 28, 2001, 115 Stat. 1273; Pub. L. 107–296, title VIII, § 889(b)(2), Nov. 25, 2002, 116 Stat. 2251, provided that:
“SEC. 1401. SHORT TITLE. “This title may be cited as the ‘Defense Against Weapons of Mass Destruction Act of 1998’. “SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS DESTRUCTION. “(a) Enhanced Response Capability .— In light of the continuing potential for terrorist use of weapons of mass destruction against the United States and the need to develop a more fully coordinated response to that threat on the part of Federal, State, and local agencies, the President shall act to increase the effectiveness at the Federal, State, and local level of the domestic emergency preparedness program for response to terrorist incidents involving weapons of mass destruction by utilizing the President’s existing authorities to develop an integrated program that builds upon the program established under the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104–201 ; 110 Stat. 2714 ; 50 U.S.C. 2301 et seq.). “(b) Report .— Not later than January 31, 1999 , the President shall submit to Congress a report containing information on the actions taken at the Federal, State, and local level to develop an integrated program to prevent and respond to terrorist incidents involving weapons of mass destruction. “SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS [Repealed. Pub. L. 107–296, title VIII, § 889(b)(2) , Nov. 25, 2002 , 116 Stat. 2251 .] “SEC. 1404. THREAT AND RISK ASSESSMENTS. “(a) Threat and Risk Assessments .— Assistance to Federal, State, and local agencies provided under the program under section 1402 shall include the performance of assessments of the threat and risk of terrorist employment of weapons of mass destruction against cities and other local areas. Such assessments shall be used by Federal, State, and local agencies to determine the training and equipment requirements under this program and shall be performed as a collaborative effort with State and local agencies. “(b) Conduct of Assessments .— The Department of Justice, as lead Federal agency for domestic crisis management in response to terrorism involving weapons of mass destruction, shall— “(1) conduct any threat and risk assessment performed under subsection (a) in coordination with appropriate Federal, State, and local agencies; and “(2) develop procedures and guidance for conduct of the threat and risk assessment in consultation with officials from the intelligence community. “SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION. “(a) Requirement for Panel .— The Secretary of Defense, in consultation with the Attorney General, the Secretary of Energy, the Secretary of Health and Human Services, and the Director of the Federal Emergency Management Agency, shall enter into a contract with a federally funded research and development center to establish a panel to assess the capabilities for domestic response to terrorism involving weapons of mass destruction. “(b) Composition of Panel; Selection .— (1) The panel shall be composed of members who shall be private citizens of the United States with knowledge and expertise in emergency response matters. “(2) Members of the panel shall be selected by the federally funded research and development center in accordance with the terms of the contract established pursuant to subsection (a). “(c) Procedures for Panel .— The federally funded research and development center shall be responsible for establishing appropriate procedures for the panel, including procedures for selection of a panel chairman. “(d) Duties of Panel .— The panel shall— “(1) assess Federal agency efforts to enhance domestic preparedness for incidents involving weapons of mass destruction; “(2) assess the progress of Federal training programs for local emergency responses to incidents involving weapons of mass destruction; “(3) assess deficiencies in programs for response to incidents involving weapons of mass destruction, including a review of unfunded communications, equipment, and planning requirements, and the needs of maritime regions; “(4) recommend strategies for ensuring effective coordination with respect to Federal agency weapons of mass destruction response efforts, and for ensuring fully effective local response capabilities for weapons of mass destruction incidents; and “(5) assess the appropriate roles of State and local government in funding effective local response capabilities. “(e) Deadline To Enter Into Contract .— The Secretary of Defense shall enter into the contract required under subsection (a) not later than 60 days after the date of the enactment of this Act [ Oct. 17, 1998 ]. “(f) Deadline for Selection of Panel Members .— Selection of panel members shall be made not later than 30 days after the date on which the Secretary enters into the contract required by subsection (a). “(g) Initial Meeting of the Panel .— The panel shall conduct its first meeting not later than 30 days after the date that all the selections to the panel have been made. “(h) Reports .— (1) Not later than 6 months after the date of the first meeting of the panel, the panel shall submit to the President and to Congress an initial report setting forth its findings, conclusions, and recommendations for improving Federal, State, and local domestic emergency preparedness to respond to incidents involving weapons of mass destruction. “(2) Not later than December 15 of each year, beginning in 1999 and ending in 2003, the panel shall submit to the President and to the Congress a report setting forth its findings, conclusions, and recommendations for improving Federal, State, and local domestic emergency preparedness to respond to incidents involving weapons of mass destruction. “(i) Cooperation of Other Agencies .— (1) The panel may secure directly from the Department of Defense, the Department of Energy, the Department of Health and Human Services, the Department of Justice, and the Federal Emergency Management Agency, or any other Federal department or agency information that the panel considers necessary for the panel to carry out its duties. “(2) The Attorney General, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, the Director of the Federal Emergency Management Agency, and any other official of the United States shall provide the panel with full and timely cooperation in carrying out its duties under this section. “(j) Funding .— The Secretary of Defense shall provide the funds necessary for the panel to carry out its duties from the funds available to the Department of Defense for weapons of mass destruction preparedness initiatives. “(k) Compensation of Panel Members .— The provisions of paragraph (4) of section 591(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in section 101(d) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 ; 112 Stat. 2681–212 )), shall apply to members of the panel in the same manner as to members of the National Commission on Terrorism under that paragraph. “(l) Termination of the Panel .— The panel shall terminate five years after the date of the appointment of the member selected as chairman of the panel. “(m) Definition .— In this section, the term ‘weapon of mass destruction’ has the meaning given that term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 ( 50 U.S.C. 2302(1) ).”
[Pub. L. 107–107, div. A, title XV, § 1514(b)(2), Dec. 28, 2001, 115 Stat. 1274, provided that:
“The amendment made by paragraph (1) [amending section 1405(k) of Pub. L. 105–261 , set out above] shall apply with respect to periods of service on the advisory panel under section 1405 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 [ Pub. L. 105–261 ] on or after the date of the enactment of this Act [ Dec. 28, 2001 ].”
]
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.]
[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
In this chapter:
The term “weapon of mass destruction” means any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of—
toxic or poisonous chemicals or their precursors;
a disease organism; or
radiation or radioactivity.
The term “independent states of the former Soviet Union” has the meaning given that term in section 5801 of title 22.
The term “highly enriched uranium” means uranium enriched to 20 percent or more in the isotope U–235.
SUBCHAPTER I— DOMESTIC PREPAREDNESS
In light of the potential for terrorist use of weapons of mass destruction against the United States, the President shall take immediate action—
to enhance the capability of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction; and
to provide enhanced support to improve the capabilities of State and local emergency response agencies to prevent and respond to such incidents at both the national and the local level.
Not later than January 31, 1997, the President shall transmit to Congress a report containing—
an assessment of the capabilities of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction and to support State and local prevention and response efforts;
requirements for improvements in those capabilities; and
the measures that should be taken to achieve such improvements, including additional resources and legislative authorities that would be required.
[Repealed]
The Assistant Secretary of Defense for Homeland Defense is responsible for the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving nuclear, radiological, biological, chemical weapons, or high-yield explosives or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear, radiological, biological, chemical weapons, and high-yield explosives and related materials and technologies.
The Secretary of Energy shall designate an official within the Department of Energy as the executive agent for—
the coordination of Department of Energy assistance to Federal, State, and local officials in responding to threats involving nuclear, chemical, and biological weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear weapons and related materials and technologies; and
the coordination of Department of Energy assistance to the Department of Defense in carrying out that department’s responsibilities under subsection (a).
Pub. L. 107–314, div. A, title XIV, § 1401, Dec. 2, 2002, 116 Stat. 2674, provided that:
“(a) Responsible Senior Official .— The Secretary of Defense shall designate a senior official of the Department of Defense to coordinate all Department of Defense efforts to identify, evaluate, deploy, and transfer to Federal, State, and local first responders technology items and equipment in support of homeland security. “(b) Duties .— The official designated pursuant to subsection (a) shall— “(1) identify technology items and equipment developed or being developed by Department of Defense components that have the potential to enhance public safety and improve homeland security; “(2) cooperate with appropriate Federal Government officials outside the Department of Defense to evaluate whether such technology items and equipment would be useful to first responders; “(3) facilitate the timely transfer, through identification of appropriate private sector manufacturers, of appropriate technology items and equipment to Federal, State, and local first responders, in coordination with appropriate Federal Government officials outside the Department of Defense; “(4) identify and eliminate redundant and unnecessary research efforts within the Department of Defense with respect to technologies to be deployed to first responders; “(5) expedite the advancement of high priority Department of Defense projects from research through implementation of initial manufacturing; and “(6) participate in outreach programs established by appropriate Federal Government officials outside the Department of Defense to communicate with first responders and to facilitate awareness of available technology items and equipment to support responses to crises. “(c) Support Agreement .— The official designated pursuant to subsection (a) shall enter into an appropriate agreement with a nongovernment entity for such entity to assist the official designated under subsection (a) in carrying out that official’s duties under this section. Any such agreement shall be entered into using competitive procedures in compliance with applicable requirements of law and regulation. “(d) Report .— Not later than 180 days after the date of the enactment of this Act [ Dec. 2, 2002 ], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the actions taken to carry out this section. The report shall include the following: “(1) Identification of the senior official designated pursuant to subsection (a). “(2) A summary of the actions taken or planned to be taken to implement subsection (b), including a schedule for planned actions. “(3) An initial list of technology items and equipment identified pursuant to subsection (b)(1), together with a summary of any program schedule for the development, deployment, or transfer of such items and equipment. “(4) A description of any agreement entered into pursuant to subsection (c).”
The Secretary of Defense shall develop and maintain at least one domestic terrorism rapid response team composed of members of the Armed Forces and employees of the Department of Defense who are capable of aiding Federal, State, and local officials in the detection, neutralization, containment, dismantlement, and disposal of weapons of mass destruction containing chemical, biological, radiological, nuclear, and high-yield explosives.
The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 502(6) 1 1 See References in Text note below. of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ), other existing Federal emergency response plans, and programs prepared under section 5196(b) of title 42 guidance on the use and deployment of the rapid response teams established under this section to respond to emergencies involving weapons of mass destruction. The Secretary of Homeland Security shall carry out this subsection in coordination with the Secretary of Defense and the heads of other Federal agencies involved with the emergency response plans.
The Secretary of Homeland Security shall develop and carry out a program for testing and improving the responses of Federal, State, and local agencies to emergencies involving nuclear, radiological, biological, and chemical weapons and related materials.
In developing and carrying out the program, the Secretary shall coordinate with the Secretary of Defense, the Director of the Federal Bureau of Investigation, the Secretary of Energy, and the heads of any other Federal, State, and local government agencies that have an expertise or responsibilities relevant to emergencies described in paragraph (1).
The Secretary of Homeland Security shall revise the program developed under subsection (a) not later than June 1 in each fiscal year covered by the program. The revisions shall include adjustments that the Secretary determines necessary or appropriate on the basis of the lessons learned from the exercise or exercises carried out under the program in the fiscal year, including lessons learned regarding coordination problems and equipment deficiencies.
Pub. L. 107–314, div. C, title XXXI, § 3154(b), Dec. 2, 2002, 116 Stat. 2738, provided that:
“The amendments made by subsection (a) [amending this section] may not be construed as modifying the designation of the President titled ‘Designation of the Attorney General as the Lead Official for the Emergency Response Assistance Program Under Sections 1412 and 1415 of the National Defense Authorization Act for Fiscal Year 1997’, dated April 6, 2000 , designating the Attorney General to assume programmatic and funding responsibilities for the Emergency Response Assistance Program under sections 1412 [former 50 U.S.C. 2312 ] and 1415 [ 50 U.S.C. 2315 ] of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of the National Defense Authorization Act for Fiscal Year 1997).”
The President shall take reasonable measures to reduce the reliance of civilian law enforcement officials on Department of Defense resources to counter the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States. The measures shall include—
actions to increase civilian law enforcement expertise to counter such a threat; and
actions to improve coordination between civilian law enforcement officials and other civilian sources of expertise, within and outside the Federal Government, to counter such a threat.
The President shall submit to Congress the following reports:
Not later than 90 days after September 23, 1996, a report describing the respective policy functions and operational roles of Federal agencies in countering the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States.
Not later than one year after September 23, 1996, a report describing—
the actions planned to be taken to carry out subsection (d); and
the costs of such actions.
Not later than three years after September 23, 1996, a report updating the information provided in the reports submitted pursuant to paragraphs (1) and (2), including the measures taken pursuant to subsection (d).
The head of each Federal Response Plan agency shall develop and maintain an inventory of physical equipment and assets under the jurisdiction of that agency that could be made available to aid State and local officials in search and rescue and other disaster management and mitigation efforts associated with an emergency involving weapons of mass destruction. The agency head shall submit a copy of the inventory, and any updates of the inventory, to the Administrator of the Federal Emergency Management Agency for inclusion in the master inventory required under subsection (b).
Each inventory shall include a separate listing of any equipment that is excess to the needs of that agency and could be considered for disposal as excess or surplus property for use for response and training with regard to emergencies involving weapons of mass destruction.
The Administrator of the Federal Emergency Management Agency shall compile and maintain a comprehensive listing of all inventories prepared under subsection (a). The first such master list shall be completed not later than December 31, 1997 , and shall be updated annually thereafter.
Not later than December 31, 1997 , the Administrator of the Federal Emergency Management Agency shall develop and incorporate into existing Federal emergency response plans and programs prepared under section 5196(b) of title 42 guidance on accessing and using the physical equipment and assets included in the master list developed under subsection 1 1 So in original. Probably should be “subsection (b)”. to respond to emergencies involving weapons of mass destruction.
The Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Defense, shall prepare a database on chemical and biological agents and munitions characteristics and safety precautions for civilian use. The initial design and compilation of the database shall be completed not later than December 31, 1997 .
The Administrator of the Federal Emergency Management Agency shall design and maintain a system to give Federal, State, and local officials access to the inventory listing and database maintained under this section in the event of an emergency involving weapons of mass destruction or to prepare and train to respond to such an emergency. The system shall include a secure but accessible emergency response hotline to access information and request assistance.
“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” wherever appearing in text on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
SUBCHAPTER II— INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS
equipment capable of detecting the movement of weapons of mass destruction and related materials into the United States;
equipment capable of interdicting the movement of weapons of mass destruction and related materials into the United States; and
materials and technologies related to use of equipment described in paragraph (1) or (2).
It is the sense of Congress that the sentencing guidelines prescribed by the United States Sentencing Commission for the offenses of importation, attempted importation, exportation, and attempted exportation of nuclear, biological, and chemical weapons materials constitute inadequate punishment for such offenses.
Congress urges the United States Sentencing Commission to revise the relevant sentencing guidelines to provide for increased penalties for offenses relating to importation, attempted importation, exportation, and attempted exportation of nuclear, biological, or chemical weapons or related materials or technologies under the following provisions of law:
Section 4610 1 of this title.
The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
Section 2139a(c) of title 42.
The Secretary of Defense, in consultation and cooperation with the Commissioner of U.S. Customs and Border Protection, shall carry out programs for assisting customs officials and border guard officials in the independent states of the former Soviet Union, the Baltic states, and other countries of Eastern Europe in preventing unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials. Training, expert advice, maintenance of equipment, loan of equipment, and audits may be provided under or in connection with the programs.
The Secretary of Defense may carry out programs under subsection (a) in a country other than a country specified in that subsection if the Secretary determines that there exists in that country a significant threat of the unauthorized transfer and transportation of nuclear, biological, or chemical weapons or related materials.
Assistance under programs referred to in subsection (a) may (notwithstanding any provision of law prohibiting the extension of foreign assistance to any of the newly independent states of the former Soviet Union) be extended to include an independent state of the former Soviet Union if the President certifies to Congress that it is in the national interest of the United States to extend assistance under this section to that state.
“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (a) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
Memorandum of President of the United States, July 24, 1997, 62 F.R. 40727, provided:
Memorandum for the Secretary of Defense
By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to you, in consultation with the Secretary of State, the authority vested in the President under section 1424(c) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201) [50 U.S.C. 2333(c)].
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
The Secretary of Defense may participate in a training program carried out jointly by the Secretary of Defense and the Director of the Federal Bureau of Investigation in order to expand and improve United States efforts to deter the possible proliferation and acquisition of weapons of mass destruction by organized crime organizations in Eastern Europe, the Baltic countries, states of the former Soviet Union, and in other countries in which, as determined by the Secretary of Defense, there exists a significant threat of such proliferation and acquisition.
SUBCHAPTER III— CONTROL AND DISPOSITION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED STATES
The Secretary of Energy, in consultation with the Secretary of Defense, shall develop a cooperative program with the Government of Russia to eliminate the production of weapons grade plutonium by modifying or replacing the reactor cores at Tomsk–7 and Krasnoyarsk–26 with reactor cores that are less suitable for the production of weapons-grade plutonium.
The program shall be designed to achieve completion of the modifications or replacements of the reactor cores within three years after the modification or replacement activities under the program are begun.
The plan for the program shall—
specify—
successive steps for the modification or replacement of the reactor cores; and
clearly defined milestones to be achieved; and
include estimates of the costs of the program.
Not later than 180 days after September 23, 1996, the Secretary of Defense shall submit to Congress—
a plan for the program under subsection (a);
an estimate of the United States funding that is necessary for carrying out the activities under the program for each fiscal year covered by the program; and
a comparison of the benefits of the program with the benefits of other nonproliferation programs.
The Administrator for Nuclear Security shall carry out with the Russian Federation a cooperative program on the research, development, and demonstration of technologies for protection from and response to nuclear or radiological terrorism.
In carrying out the program required by subsection (a), the Administrator shall—
conduct research and development of technology for protection from nuclear or radiological terrorism, including technology for the detection, identification, assessment, control, and disposition of radiological materials that could be used for nuclear terrorism; and
provide, where feasible, for the demonstration to other countries of technologies or methodologies on matters relating to nuclear or radiological terrorism, including—
the demonstration of technologies developed under the program to respond to nuclear or radiological terrorism;
the demonstration of technologies developed under the program for the disposal of radioactive materials;
the demonstration of methodologies developed under the program for use in evaluating the radiological threat of radiological sources identified as not under current accounting programs in the audit report of the Inspector General of the Department of Energy titled “Accounting for Sealed Sources of Nuclear Material Provided to Foreign Countries” (DOE/IG–0546);
in coordination with the Nuclear Regulatory Commission, the demonstration of methodologies developed under the program to facilitate the development of a regulatory framework for licensing and controlling radioactive sources; and
in coordination with the Office of Environment, Safety, and Health of the Department of Energy, the demonstration of methodologies developed under the program to facilitate development of consistent criteria for screening international transfers of radiological materials.
In carrying out activities in accordance with subsection (b)(2), the Administrator shall consult with—
the Secretary of Defense, Secretary of State, and Secretary of Commerce; and
the International Atomic Energy Agency.
Of the amount authorized to be appropriated by section 3101(a)(2) 1 1 See References in Text note below. for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $15,000,000 may be available for carrying out this section.
The Secretary of Energy may establish within the International Materials Protection, Control, and Accounting program of the Department of Energy a program on the protection, control, and accounting of materials usable in radiological dispersal devices. In establishing such program, the Secretary shall—
identify the sites and radiological materials to be covered by such program;
carry out a risk assessment of such radiological materials; and
identify and establish the costs of and schedules for such program.
The Secretary of Energy shall work cooperatively with the Russian Federation to develop, as soon as practicable but not later than January 1, 2018, a sustainable nuclear materials protection, control, and accounting system for the nuclear materials of the Russian Federation that is supported solely by the Russian Federation.
The Secretary shall work with the Russian Federation to identify various alternatives to provide the United States adequate transparency in the nuclear materials protection, control, and accounting program of the Russian Federation to assure that such program is meeting applicable goals for nuclear materials protection, control, and accounting.
Of the amount authorized to be appropriated by section 3101(a)(2) 1 1 See References in Text note below. for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $5,000,000 may be available for carrying out this section.
Not later than 270 days after December 2, 2002, the Secretary of Energy shall submit to Congress a report on options for an international program to develop strengthened security for nuclear reactors and associated materials outside the United States.
In evaluating options for purposes of the report, the Secretary shall consult with the Nuclear Regulatory Commission and the International Atomic Energy Agency on the feasibility and advisability of actions to reduce the risks associated with terrorist attacks on nuclear reactors outside the United States.
The Secretary shall pursue with the Ministry of Atomic Energy of the Russian Federation joint programs between the United States and the Russian Federation on the development of proliferation-resistant nuclear energy technologies, including advanced fuel cycles.
Of the amount authorized to be appropriated by section 3101(a)(2) 1 for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $10,000,000 may be available for carrying out the joint programs referred to in paragraph (1).
The Secretary may, utilizing appropriate expertise of the Department of Energy and the Nuclear Regulatory Commission, provide technical assistance to nuclear reactor facilities outside the United States with respect to the interdiction of hostile insiders at such facilities in order to prevent incidents arising from the disablement of the vital systems of such facilities.
The Secretary of Energy, in coordination with the Secretary of State, may pursue in the region of the former Soviet Union and other regions of concern options for accelerating programs that assist the countries in such regions in improving their domestic export control programs for materials, technologies, and expertise relevant to the construction or use of a nuclear or radiological dispersal device.
Of the amount authorized to be appropriated by section 3101(a)(2) 1 1 See References in Text note below. for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $5,000,000 may be available for carrying out this section.
SUBCHAPTER IV— COORDINATION OF POLICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
The President shall designate an individual to serve in the Executive Office of the President as the National Coordinator for Nonproliferation Matters.
The Coordinator, under the direction of the National Security Council, shall advise and assist the President by—
advising the President on nonproliferation of weapons of mass destruction, including issues related to terrorism, arms control, and international organized crime;
chairing the Committee on Nonproliferation of the National Security Council; and
taking such actions as are necessary to ensure that there is appropriate emphasis in, cooperation on, and coordination of, nonproliferation research efforts of the United States, including activities of Federal agencies as well as activities of contractors funded by the Federal Government.
Pub. L. 104–293, title VII, subtitle A, Oct. 11, 1996, 110 Stat. 3470, as amended by Pub. L. 105–277, div. A, § 101(f) [title VII, § 708], Oct. 21, 1998, 112 Stat. 2681–337, 2681–390, established the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction, directed the Commission to carry out a thorough study of the organization of the Federal Government, including the elements of the intelligence community, with respect to combatting the proliferation of weapons of mass destruction and, not later than 18 months after Jan. 18, 1998, to submit to Congress a report containing a detailed statement of its findings and conclusions, and provided that the Commission terminate 60 days after the date on which it submitted such report.
The Committee on Nonproliferation (in this section referred to as the “Committee”) is established as a committee of the National Security Council.
The Committee shall be composed of representatives of the following:
The Secretary of State.
The Secretary of Defense.
The Director of Central Intelligence.
The Attorney General.
The Secretary of Energy.
The Administrator of the Federal Emergency Management Agency.
The Secretary of the Treasury.
The Secretary of Commerce.
Such other members as the President may designate.
The National Coordinator for Nonproliferation Matters shall chair the Committee on Nonproliferation.
The Committee has the following responsibilities:
To review and coordinate Federal programs, policies, and directives relating to the proliferation of weapons of mass destruction and related materials and technologies, including matters relating to terrorism and international organized crime.
To make recommendations through the National Security Council to the President regarding the following:
Integrated national policies for countering the threats posed by weapons of mass destruction.
Options for integrating Federal agency budgets for countering such threats.
Means to ensure that Federal, State, and local governments have adequate capabilities to manage crises involving nuclear, radiological, biological, or chemical weapons or related materials or technologies, and to manage the consequences of a use of such weapon or related materials or technologies, and that use of those capabilities is coordinated.
Means to ensure appropriate cooperation on, and coordination of, the following:
Preventing the smuggling of weapons of mass destruction and related materials and technologies.
Promoting domestic and international law enforcement efforts against proliferation-related efforts.
Countering the involvement of organized crime groups in proliferation-related activities.
Safeguarding weapons of mass destruction materials and related technologies.
Improving coordination and cooperation among intelligence activities, law enforcement, and the Departments of Defense, State, Commerce, and Energy in support of nonproliferation and counterproliferation efforts.
Improving export controls over materials and technologies that can contribute to the acquisition of weapons of mass destruction.
Reducing proliferation of weapons of mass destruction and related materials and technologies.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
The President, acting through the Committee on Nonproliferation established under section 2352 of this title , shall develop a comprehensive program for carrying out this chapter.
The program set forth in the report shall include specific plans as follows:
Plans for countering proliferation of weapons of mass destruction and related materials and technologies.
Plans for training and equipping Federal, State, and local officials for managing a crisis involving a use or threatened use of a weapon of mass destruction, including the consequences of the use of such a weapon.
Plans for providing for regular sharing of information among intelligence, law enforcement, and customs agencies.
Plans for training and equipping law enforcement units, customs services, and border security personnel to counter the smuggling of weapons of mass destruction and related materials and technologies.
Plans for establishing appropriate centers for analyzing seized nuclear, radiological, biological, and chemical weapons, and related materials and technologies.
Plans for establishing in the United States appropriate legal controls and authorities relating to the exporting of nuclear, radiological, biological, and chemical weapons, and related materials and technologies.
Plans for encouraging and assisting governments of foreign countries to implement and enforce laws that set forth appropriate penalties for offenses regarding the smuggling of weapons of mass destruction and related materials and technologies.
Plans for building the confidence of the United States and Russia in each other’s controls over United States and Russian nuclear weapons and fissile materials, including plans for verifying the dismantlement of nuclear weapons.
Plans for reducing United States and Russian stockpiles of excess plutonium, reflecting—
consideration of the desirability and feasibility of a United States-Russian agreement governing fissile material disposition and the specific technologies and approaches to be used for disposition of excess plutonium; and
an assessment of the options for United States cooperation with Russia in the disposition of Russian plutonium.
Plans for studying the merits and costs of establishing a global network of means for detecting and responding to terroristic or other criminal use of biological agents against people or other forms of life in the United States or any foreign country.
At the same time that the President submits the budget for fiscal year 1998 to Congress pursuant to section 1105(a) of title 31, the President shall submit to Congress a report that sets forth the comprehensive program developed under subsection (a).
The report shall include the following:
The specific plans for the program that are required under subsection (b).
Estimates of the funds necessary, by agency or department, for carrying out such plans in fiscal year 1998 and the following five fiscal years.
The report shall be in an unclassified form. If there is a classified version of the report, the President shall submit the classified version at the same time.
After September 30, 1999, the President—
is not required to maintain a National Coordinator for Nonproliferation Matters under section 2351 of this title; and
may terminate the Committee on Nonproliferation established under section 2352 of this title.
SUBCHAPTER IV–A— NONPROLIFERATION ASSISTANCE COORDINATION
Congress finds that—
United States nonproliferation efforts in the independent states of the former Soviet Union have achieved important results in ensuring that weapons of mass destruction, weapons-usable material and technology, and weapons-related knowledge remain beyond the reach of terrorists and weapons-proliferating states;
although these efforts are in the United States national security interest, the effectiveness of these efforts has suffered from a lack of coordination within and among United States Government agencies;
increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union, specifically, spending and investment by the United States private sector in job creation initiatives and proposals for unemployed Russian Federation weapons scientists and technicians, are making an important contribution in ensuring that knowledge related to weapons of mass destruction remains beyond the reach of terrorists and weapons-proliferating states; and
increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union make advisable the establishment of a coordinating body to ensure that United States public and private efforts are not in conflict, and to ensure that public spending on efforts by the independent states of the former Soviet Union is maximized to ensure efficiency and further United States national security interests.
In this subchapter, the term “independent states of the former Soviet Union” has the meaning given the term in section 5801 of title 22 .
In this subchapter, the term “the appropriate committees of Congress” means the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate and the Committees on International Relations, Armed Services, and Appropriations of the House of Representatives.
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.
The President shall establish a mechanism to coordinate, with the maximum possible effectiveness and efficiency, the efforts of United States Government departments and agencies engaged in formulating policy and carrying out programs for achieving nonproliferation and threat reduction.
The coordination mechanism established pursuant to subsection (a) shall include—
representatives designated by—
the Secretary of State;
the Secretary of Defense;
the Secretary of Energy;
the Secretary of Commerce;
the Attorney General; and
the Director of the Office of Homeland Security, or the head of a successor department or agency; and
such other executive branch officials as the President may select.
To the maximum extent possible, each department 1 1 So in original. Probably should be “department’s”. or agency’s representative designated pursuant to subsection (b)(1) shall be an official of that department or agency who has been appointed by the President with the advice and consent of the Senate.
The President shall designate an official to direct the coordination mechanism established pursuant to subsection (a). The official so designated may invite the head of any other department or agency of the United States to designate a representative of that department or agency to participate from time to time in the activities of the Committee.
Pub. L. 107–228, div. B, title XIII, subtitle B, Sept. 30, 2002, 116 Stat. 1442, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217, provided that:
“SEC. 1311. SHORT TITLE. “This subtitle may be cited as the ‘Russian Federation Debt for Nonproliferation Act of 2002’. “SEC. 1312. FINDINGS AND PURPOSES. “(a) Findings .— Congress finds the following: “(1) It is in the vital security interests of the United States to prevent the spread of weapons of mass destruction to additional states or to terrorist organizations, and to ensure that other nations’ obligations to modify their stockpiles of such arms in accordance with treaties, executive agreements, or political commitments are fulfilled. “(2) In particular, it is in the vital national security interests of the United States to ensure that— “(A) all stocks of nuclear weapons and weapons-usable nuclear material in the Russian Federation are secure and accounted for; “(B) stocks of nuclear weapons and weapons-usable nuclear material that are excess to military needs in the Russian Federation are monitored and reduced; “(C) any chemical or biological weapons, related materials, and facilities in the Russian Federation are destroyed; “(D) the Russian Federation’s nuclear weapons complex is reduced to a size appropriate to its post-Cold War missions, and its experts in weapons of mass destruction technologies are shifted to gainful and sustainable civilian employment; “(E) the Russian Federation’s export control system blocks any proliferation of weapons of mass destruction, the means of delivering such weapons, and materials, equipment, know-how, or technology that would be used to develop, produce, or deliver such weapons; and “(F) these objectives are accomplished with sufficient monitoring and transparency to provide confidence that they have in fact been accomplished and that the funds provided to accomplish these objectives have been spent efficiently and effectively. “(3) United States programs should be designed to accomplish these vital objectives in the Russian Federation as rapidly as possible, and the President should develop and present to Congress a plan for doing so. “(4) Substantial progress has been made in United States-Russian Federation cooperative programs to achieve these objectives, but much more remains to be done to reduce the urgent risks to United States national security posed by the current state of the Russian Federation’s weapons of mass destruction stockpiles and complexes. “(5) The threats posed by inadequate management of weapons of mass destruction stockpiles and complexes in the Russian Federation remain urgent. Incidents in years immediately preceding 2001, which have been cited by the Russia Task Force of the Secretary of Energy Advisory Board, include— “(A) a conspiracy at one of the Russian Federation’s largest nuclear weapons facilities to steal nearly enough highly enriched uranium for a nuclear bomb; “(B) an attempt by an employee of the Russian Federation’s premier nuclear weapons facility to sell nuclear weapons designs to agents of Iraq and Afghanistan; and “(C) the theft of radioactive material from a Russian Federation submarine base. “(6) Addressing these threats to United States and world security will ultimately consume billions of dollars, a burden that will have to be shared by the Russian Federation, the United States, and other governments, if these threats are to be neutralized. “(7) The creation of new funding streams could accelerate progress in reducing these threats to United States security and help the government of the Russian Federation to fulfill its responsibility for secure management of its weapons stockpiles and complexes as United States assistance phases out. “(8) The Russian Federation has a significant foreign debt, a substantial proportion of which it inherited from the Soviet Union. “(9) Past debt-for-environment exchanges, in which a portion of a country’s foreign debt is canceled in return for certain environmental commitments or payments by that country, suggest that a debt-for-nonproliferation exchange with the Russian Federation could be designed to provide additional funding for nonproliferation and arms reduction initiatives. “(10) Most of the Russian Federation’s official bilateral debt is held by United States allies that are advanced industrial democracies. Since the issues described pose threats to United States allies as well, United States leadership that results in a larger contribution from United States allies to cooperative threat reduction activities will be needed. “(11) At the June 2002 meeting of the G–8 countries, agreement was achieved on a G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, under which the advanced industrial democracies committed to contribute $20,000,000,000 to nonproliferation programs in the Russian Federation during a 10-year period, with each contributing country having the option to fund some or all of its contribution through reduction in the Russian Federation’s official debt to that country. “(12) The Russian Federation’s Soviet-era official debt to the United States is estimated to be $480,000,000 in Lend-Lease debt and $2,250,000,000 in debt as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] ( 7 U.S.C. 1701 et seq.). “(b) Purposes .— The purposes of this subtitle are— “(1) to facilitate the accomplishment of the United States objectives described in the findings set forth in subsection (a) by providing for the use of a portion of the Russian Federation’s foreign debt to fund nonproliferation programs, thus allowing the use of additional resources for these purposes; and “(2) to help ensure that the resources made available to the Russian Federation are targeted to the accomplishment of the United States objectives described in the findings set forth in subsection (a). “SEC. 1313. DEFINITIONS. “In this subtitle: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Appropriations of the House of Representatives; and “(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. “(2) Cost .— The term ‘cost’ has the meaning given that term in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) ). “(3) Russian federation nonproliferation investment agreement or agreement .— The term ‘Russian Federation Nonproliferation Investment Agreement’ or ‘Agreement’ means the agreement between the United States and the Russian Federation entered into under section 1315(a). “(4) Soviet-era debt .— The term ‘Soviet-era debt’ means debt owed as a result of loans or credits provided by the United States (or any agency of the United States) to the Union of Soviet Socialist Republics under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.] or the Commodity Credit Corporation Charter Act [ 15 U.S.C. 714 et seq.]. “(5) State sponsor of international terrorism .— The term ‘state sponsor of international terrorism’ means those countries that have been determined by the Secretary of State, for the purposes of section 40 of the Arms Export Control Act [ 22 U.S.C. 2780 ], section 620A of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2371 ], or [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j) ], to have repeatedly provided support for acts of international terrorism. “SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION’S SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES. “(a) Authority To Reduce Debt.— “(1) In general .— Upon the entry into force of a Russian Federation Nonproliferation Investment Agreement, the President may reduce amounts of Soviet-era debt owed by the Russian Federation to the United States (or any agency or instrumentality of the United States) that are outstanding as of the last day of the fiscal year preceding the fiscal year for which appropriations are available for the reduction of debt, in accordance with this subtitle. “(2) Limitation .— The authority provided by paragraph (1) shall be available only to the extent that appropriations for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [ 2 U.S.C. 661a(5) ]) of reducing any debt pursuant to such subsection are made in advance. “(3) Supersedes existing law .— The authority provided by paragraph (1) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(r) ) or section 321 of the International Development and Food Assistance Act of 1975 [ Pub. L. 94–161 , set out as a note under section 2220a of Title 22 , Foreign Relations and Intercourse]. “(b) Implementation.— “(1) Delegation of authority .— The President may delegate any authority conferred upon the President in this subtitle to the Secretary of State. “(2) Establishment of terms and conditions .— Consistent with this subtitle, the President shall establish the terms and conditions under which loans and credits may be reduced pursuant to subsection (a). “(3) Implementation .— In exercising the authority of subsection (a), the President— “(A) shall notify— “(i) the Department of State, with respect to obligations of the former Soviet Union under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.]; and “(ii) the Commodity Credit Corporation, with respect to obligations of the former Soviet Union under the Commodity Credit Corporation Act [ 15 U.S.C. 713a et seq.]; “(B) shall direct the cancellation of old obligations and the substitution of new obligations consistent with the Russian Federation Nonproliferation Investment Agreement; and “(C) shall direct the appropriate agency to make an adjustment in the relevant accounts to reflect the new debt treatment. “(4) Deposit of repayments .— All repayments of outstanding loan amounts under subsection (a) that are not designated under a Russian Federation Nonproliferation Investment Agreement shall be deposited in the United States Government accounts established for repayments of the original obligations. “(5) Not treated as foreign assistance .— Any reduction of Soviet-era debt pursuant to this subtitle shall not be considered assistance for the purposes of any provision of law limiting assistance to a country. “(c) Authorization of Appropriation.— “(1) In general .— For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [ 2 U.S.C. 661a(5) ]) of modifying any Soviet-era debt obligation pursuant to subsection (a), there are authorized to be appropriated to the President such sums as may be necessary. “(2) Availability of funds .— Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. “SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT. “(a) In General.— “(1) In general .— The President is authorized to enter into an agreement with the Russian Federation under which an amount equal to the value of the debt reduced pursuant to section 1314 will be used to promote the nonproliferation of weapons of mass destruction and the means of delivering such weapons. An agreement entered into under this section may be referred to as the ‘Russian Federation Nonproliferation Investment Agreement’. “(2) Congressional notification .— The President shall notify the appropriate congressional committees at least 15 days in advance of the United States entering into a Russian Federation Nonproliferation Investment Agreement. “(b) Content of the Agreement .— The Russian Federation Nonproliferation Investment Agreement shall ensure that— “(1) an amount equal to the value of the debt reduced pursuant to this subtitle will be made available by the Russian Federation for agreed nonproliferation programs and projects; “(2) each program or project funded pursuant to the Agreement will be approved by the President; “(3) the administration and oversight of nonproliferation programs and projects will incorporate best practices from established threat reduction and nonproliferation assistance programs; “(4) each program or project funded pursuant to the Agreement will be subject to monitoring and audits conducted by or for the United States Government to confirm that agreed funds are expended on agreed projects and meet agreed targets and benchmarks; “(5) unobligated funds for investments pursuant to the Agreement will not be diverted to other purposes; “(6) funds allocated to programs and projects pursuant to the Agreement will not be subject to any taxation by the Russian Federation; “(7) all matters relating to the intellectual property rights and legal liabilities of United States firms in any project will be agreed upon before the expenditure of funds would be authorized for that project; and “(8) not less than 75 percent of the funds made available for each nonproliferation program or project under the Agreement will be spent in the Russian Federation. “(c) Use of Existing Mechanisms .— It is the sense of Congress that, to the extent practicable, the boards and administrative mechanisms of existing threat reduction and nonproliferation programs should be used in the administration and oversight of programs and projects under the Agreement. “(d) Joint Auditing .— It is the sense of Congress that the United States and the Russian Federation should consider commissioning the United States Government Accountability Office and the Russian Chamber of Accounts to conduct joint audits to ensure that the funds saved by the Russian Federation as a result of any debt reduction are used exclusively, efficiently, and effectively to implement agreed programs or projects pursuant to the Agreement. “(e) Structure of the Agreement .— It is the sense of Congress that the Agreement should provide for significant penalties— “(1) if funds obligated for approved programs or projects are determined to have been misappropriated; and “(2) if the President is unable to make the certification required by section 1317(a) for two consecutive years. “SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW. “Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of the amount equal to the value of the debt reduced pursuant to this subtitle may be used to promote a vibrant, independent media sector and the rule of law in the Russian Federation through an endowment to support the establishment of a ‘Center for an Independent Press and the Rule of Law’ in the Russian Federation, which shall be directed by a joint United States-Russian Board of Directors in which the majority of members, including the chairman, shall be United States personnel, and which shall be responsible for management of the endowment, its funds, and the Center’s programs. “SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY. “(a) Proliferation to State Sponsors of Terrorism .— Subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until the President certifies to the appropriate congressional committees that the Russian Federation has made material progress in stemming the flow of sensitive goods, technologies, material, and know-how related to the design, development, and production of weapons of mass destruction and the means to deliver them to state sponsors of international terrorism. “(b) Annual Determination .— If, in any annual report to Congress submitted pursuant to [former] section 1321, the President cannot certify that the Russian Federation continues to meet the condition required in subsection (a), then, subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until such certification is made to the appropriate congressional committees. “(c) Presidential Waiver .— The President may waive the requirements of subsection (a) or (b) for a fiscal year if the President— “(1) determines that application of the subsection for a fiscal year would be counter to the national interest of the United States; and “(2) so reports to the appropriate congressional committees. “SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION WITH OTHER CREDITOR STATES. “It is the sense of Congress that the President and such other appropriate officials as the President may designate should pursue discussions with other creditor states with the objectives of— “(1) ensuring that other advanced industrial democracies, especially the largest holders of Soviet-era Russian debt, dedicate significant proportions of their bilateral official debt with the Russian Federation or equivalent amounts of direct assistance to the G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, as agreed upon in the Statement by G–8 Leaders on June 27, 2002 ; and “(2) reaching agreement, as appropriate, to establish a unified Russian Federation official debt reduction fund to manage and provide financial transparency for the resources provided by creditor states through debt reductions. “SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY. “It is the sense of Congress that implementation of debt-for-nonproliferation programs with the Russian Federation should be overseen by the coordinating mechanism established pursuant to section 1334 of this Act [ 50 U.S.C. 2357b ]. “SEC. 1320. CONSULTATIONS WITH CONGRESS. “The President shall consult with the appropriate congressional committees on a periodic basis to review the implementation of this subtitle and the Russian Federation’s eligibility for debt reduction pursuant to this subtitle. “[SEC. 1321. Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n) , Dec. 23, 2011 , 125 Stat. 1217 .]”
The primary purpose of the coordination mechanism established pursuant to section 2357b of this title should be—
to exercise continuing responsibility for coordinating worldwide United States nonproliferation and threat reduction efforts to ensure that they effectively implement United States policy; and
to enhance the ability of participating departments and agencies to anticipate growing nonproliferation areas of concern.
The coordination mechanism established pursuant to section 2357b of this title should have primary continuing responsibility within the executive branch of the Government for—
United States nonproliferation and threat reduction efforts, and particularly such efforts in the independent states of the former Soviet Union; and
coordinating the implementation of United States policy with respect to such efforts.
In carrying out the responsibilities described in subsection (a), the coordination mechanism established pursuant to section 2357b of this title should have, at a minimum, the authority to—
establish such subcommittees and working groups as it deems necessary;
direct the preparation of analyses on issues and problems relating to coordination within and among United States departments and agencies on nonproliferation and threat reduction efforts;
direct the preparation of analyses on issues and problems relating to coordination between the United States public and private sectors on nonproliferation and threat reduction efforts, including coordination between public and private spending on nonproliferation and threat reduction programs and coordination between public spending and private investment in defense conversion activities of the independent states of the former Soviet Union;
provide guidance on arrangements that will coordinate, deconflict, and maximize the utility of United States public spending on nonproliferation and threat reduction programs, and particularly such efforts in the independent states of the former Soviet Union;
encourage companies and nongovernmental organizations involved in nonproliferation efforts of the independent states of the former Soviet Union or other countries of concern to voluntarily report these efforts to it;
direct the preparation of analyses on issues and problems relating to the coordination between the United States and other countries with respect to nonproliferation efforts, and particularly such efforts in the independent states of the former Soviet Union; and
consider, and make recommendations to the President with respect to, proposals for such new legislation or regulations relating to United States nonproliferation efforts as may be necessary.
All United States departments and agencies shall provide, to the extent permitted by law, such information and assistance as may be requested by the coordination mechanism established pursuant to section 2357b of this title , in carrying out its functions and activities under this subchapter.
Information which has been submitted to or received by the coordination mechanism established pursuant to section 2357b of this title in confidence shall not be publicly disclosed, except to the extent required by law, and such information shall be used by it only for the purpose of carrying out the functions set forth in this subchapter.
Nothing in this subchapter—
applies to the data-gathering, regulatory, or enforcement authority of any existing United States department or agency over nonproliferation efforts in the independent states of the former Soviet Union, and the review of those efforts undertaken by the coordination mechanism established pursuant to section 2357b of this title shall not in any way supersede or prejudice any other process provided by law; or
applies to any activity that is reportable pursuant to title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.].
Not later than 120 days after each inauguration of a President, the President shall submit a report to the Congress on his general and specific nonproliferation and threat reduction objectives and how the efforts of executive branch agencies will be coordinated most effectively, pursuant to section 2357b of this title , to achieve those objectives.
The President should consult with and brief, from time to time, the appropriate committees of Congress regarding the efficacy of the coordination mechanism established pursuant to section 2357b of this title in achieving its stated objectives.
SUBCHAPTER V— MISCELLANEOUS
It is the sense of Congress that the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, and the Secretary of State, to the extent authorized by law, should—
contract directly with suppliers in independent states of the former Soviet Union when such action would—
result in significant savings of the programs referred to in subchapter III; and
substantially expedite completion of the programs referred to in subchapter III; and
seek means to use innovative contracting approaches to avoid delay and increase the effectiveness of such programs and of the exercise of such authorities.
Congress finds that—
the various Cooperative Threat Reduction programs are being carried out at different rates in the various countries covered by such programs; and
it is necessary to authorize transfers of funding allocations among the various programs in order to maximize the effectiveness of United States efforts under such programs.
Pub. L. 104–201, div. A, title XV, § 1501, Sept. 23, 1996, 110 Stat. 2731, as amended by Pub. L. 105–261, div. A, title XIII, § 1301(a)(2), Oct. 17, 1998, 112 Stat. 2161; Pub. L. 110–181, div. A, title XIII, § 1303, Jan. 28, 2008, 122 Stat. 412, specified Cooperative Threat Reduction programs for purposes of Pub. L. 104–201, prior to repeal by Pub. L. 113–291, div. A, title XIII, § 1351(5), Dec. 19, 2014, 128 Stat. 3607.
It is the sense of Congress that—
the Cooperative Threat Reduction programs and other United States programs authorized in title XIV of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C. 5901 et seq.) should be expanded by offering assistance under those programs to other independent states of the former Soviet Union in addition to Russia, Ukraine, Kazakstan, and Belarus; and
the President should offer assistance to additional independent states of the former Soviet Union in each case in which the participation of such states would benefit national security interests of the United States by improving border controls and safeguards over materials and technology associated with weapons of mass destruction.
It is the sense of Congress that the allies of the United States and other nations should participate in efforts to ensure that stockpiles of weapons-grade nuclear material are reduced.
Congress urges the Secretary of State to encourage, in consultation with the Secretary of Energy, other countries to purchase low-enriched uranium that is derived from highly enriched uranium extracted from Russian nuclear weapons.
It is the sense of Congress that—
the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, and the Secretary of State should purchase, package, and transport to secure locations weapons-grade nuclear materials from a stockpile of such materials if such officials determine that—
there is a significant risk of theft of such materials; and
there is no reasonable and economically feasible alternative for securing such materials; and
if it is necessary to do so in order to secure the materials, the materials should be imported into the United States, subject to the laws and regulations that are applicable to the importation of such materials into the United States.
[Repealed]
Not later than January 30 of each year, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the following:
The threats posed to the United States and allies of the United States—
by weapons of mass destruction, ballistic missiles, and cruise missiles; and
by the proliferation of weapons of mass destruction, ballistic missiles, and cruise missiles.
The acquisition by foreign countries during the preceding 12 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) and advanced conventional munitions.
Any trends with respect to the acquisition described in paragraph (2).
Each report submitted under subsection (a) shall include the following:
Identification of each foreign country and non-State organization that possesses weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non-State organization.
A description of the means by which any foreign country and non-State organization that has achieved, or is making progress toward achieving, capability with respect to weapons of mass destruction, ballistic missiles, or cruise missiles has achieved, or is making progress toward achieving, that capability, including a description of the international network of foreign countries and private entities that provide assistance to foreign countries and non-State organizations in achieving that capability.
An examination of the doctrines that guide the use of weapons of mass destruction in each foreign country that possesses such weapons.
An examination of the existence and implementation of the control mechanisms that exist with respect to nuclear weapons in each foreign country that possesses such weapons.
Identification of each foreign country and non-State organization that seeks to acquire or develop (indigenously or with foreign assistance) weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non-State organization.
An assessment of various possible timelines for the achievement by foreign countries and non-State organizations of capability with respect to weapons of mass destruction, ballistic missiles, and cruise missiles, taking into account the probability of whether foreign countries that are a party to the Missile Technology Control Regime will comply with and enforce the regime, the potential availability of assistance from foreign technical specialists, and the potential for independent sales by foreign private entities without authorization from their national governments.
For each foreign country or non-State organization that has not achieved the capability to target the United States or its territories with weapons of mass destruction, ballistic missiles, or cruise missiles as of January 2, 2013, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability.
For each foreign country or non-State organization that has not achieved the capability to target members of the Armed Forces of the United States deployed abroad with weapons of mass destruction, ballistic missiles, or cruise missiles as of January 2, 2013, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability.
Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
In this section, the term “appropriate congressional committees” means the following:
The congressional defense committees.
The congressional intelligence committees (as defined in section 3003 of this title).
The Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.
For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.
Pub. L. 114–92, div. C, title XXXI, § 3139, Nov. 25, 2015, 129 Stat. 1215, as amended by Pub. L. 114–328, div. C, title XXXI, § 3137(d), Dec. 23, 2016, 130 Stat. 2772, provided that:
“(a) Strategy .— The President shall develop and pursue a strategy to address the risks to the goals and policies of the United States regarding nuclear nonproliferation that are caused by the increased use of additive manufacture technology (commonly referred to as ‘3D printing’), including such technology that does not originate in the United States. “(b) Briefings.— “(1) In general .— Not later than March 31, 2016 , and annually thereafter through 2019, the President shall provide to the appropriate congressional committees a briefing on the strategy developed under subsection (a). “(2) Interim briefings .— In addition to the briefings required by paragraph (1), the President shall provide to the appropriate congressional committees a notification or briefing if there is a development in additive manufacture technology, or increased use of additive manufacture technology, that could pose an increased risk to the United States from nuclear proliferation. “(c) Pursuit of Strategy .— The President shall pursue the strategy developed under subsection (a) at the Nuclear Security Summit in Chicago, Illinois, in 2016. “(d) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means the following: “(1) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. “(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. “(3) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.”
[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15419, delegated to the Director of National Intelligence and the Under Secretary for Nuclear Security the functions and authorities vested in the President by section 3139(a) and (b) of Pub. L. 114–92, set out above.]
Pub. L. 110–417, [div. A], title XII, § 1234, Oct. 14, 2008, 122 Stat. 4640, provided that:
“(a) Report Required .— Not later than 180 days after the date of the enactment of this Act [ Oct. 14, 2008 ], and annually thereafter, the Director of National Intelligence shall submit to Congress a report on Iran’s capability to produce nuclear weapons. The report required under this subsection may be submitted in classified form. “(b) Matters to Be Included .— The report required under subsection (a) shall include the following: “(1) The locations, types, and number of centrifuges and other specialized equipment necessary for the enrichment of uranium and any plans to acquire, manufacture, and operate such equipment in the future. “(2) An estimate of the amount, if any, of highly enriched uranium and weapons grade plutonium acquired or produced to date, an estimate of the amount of weapons grade plutonium that is likely to be produced or acquired in the near- and midterms and the amount of highly enriched uranium that is likely to be produced or acquired in the near- and midterms, and the number of nuclear weapons that could be produced with such materials. “(3) A evaluation of the extent to which security and safeguards at any nuclear site prevent, slow, verify, or help monitor the enrichment of uranium or the reprocessing of plutonium into weapons-grade materials. “(4) A description of any weaponization activities, such as the research, design, development, or testing of nuclear weapons or weapons-related components. “(5) A description of any programs to construct, acquire, test, or improve methods to deliver nuclear weapons, including an assessment of the likely progress of such programs in the near- and mid-terms. “(6) A summary of assessments made by allies of the United States of Iran’s nuclear weapons program and nuclear-capable delivery systems programs. “(c) Notification .— The President shall notify Congress, in writing, within 15 days of determining that— “(1) Iran has resumed a nuclear weapons program; “(2) Iran has met or surpassed any major milestone in its nuclear weapons program; or “(3) Iran has undertaken to accelerate, decelerate, or cease the development of any significant element within its nuclear weapons program.”
Congressional defense committees means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives, see section 3 of Pub. L. 105–85, 111 Stat. 1645. See note under section 101 of Title 10, Armed Forces.
Not later than March 1, 2003 , and annually thereafter, the President shall transmit to the designated congressional committees an annual report on the transfer by any country of weapons, technology, components, or materials that can be used to deliver, manufacture (including research and experimentation), or weaponize nuclear, biological, chemical or radiological weapons (in this section referred to as “NBC weapons”) to any country other than a country referred to in subsection (d) that is seeking to possess or otherwise acquire such weapons, technology, or materials, or other system that the Secretary or the Secretary of Defense has reason to believe could be used to develop, acquire, or deliver NBC weapons.
Each such report shall include—
the transfer of all aircraft, cruise missiles, artillery weapons, unguided rockets and multiple rocket systems, and related bombs, shells, warheads and other weaponization technology and materials that the Secretary or the Secretary of Defense has reason to believe may be intended for the delivery of NBC weapons;
international transfers of MTCR equipment or technology to any country that is seeking to acquire such equipment or any other system that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and
the transfer of technology, test equipment, radioactive materials, feedstocks and cultures, and all other specialized materials that the Secretary or the Secretary of Defense has reason to believe could be used to manufacture NBC weapons.
Each such report shall include the following with respect to preceding 1 calendar year:
The status of missile, aircraft, and other NBC weapons delivery and weaponization programs in any such country, including efforts by such country or by any subnational group to acquire MTCR-controlled equipment, NBC-capable aircraft, or any other weapon or major weapon component which may be utilized in the delivery of NBC weapons, whose primary use is the delivery of NBC weapons, or that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.
The status of NBC weapons development, acquisition, manufacture, stockpiling, and deployment programs in any such country, including efforts by such country or by any subnational group to acquire essential test equipment, manufacturing equipment and technology, weaponization equipment and technology, and radioactive material, feedstocks or components of feedstocks, and biological cultures and toxins.
A description of assistance provided by any person or government, after September 30, 2002, to any such country or subnational group in the acquisition or development of—
NBC weapons;
missile systems, as defined in the MTCR or that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and
aircraft and other delivery systems and weapons that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.
A listing of those persons and countries that continue to provide such equipment or technology described in paragraph (3) to any country or subnational group as of the date of submission of the report, including the extent to which foreign persons and countries were found to have knowingly and materially assisted such programs.
A description of the use of, or substantial preparations to use, the equipment of technology described in paragraph (3) by any foreign country or subnational group.
A description of the diplomatic measures that the United States, and that other adherents to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons, have made with respect to activities and private persons and governments suspected of violating the MTCR and such other arrangements.
An analysis of the effectiveness of the regulatory and enforcement regimes of the United States and other countries that adhere to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons in controlling the export of MTCR and other NBC weapons and delivery system equipment or technology.
A summary of advisory opinions issued under section 4612(b)(4) of this title and under section 2797b(d) of title 22.
An explanation of United States policy regarding the transfer of MTCR equipment or technology to foreign missile programs, including programs involving launches of space vehicles.
A description of each transfer by any person or government during the preceding 12-month period which is subject to sanctions under the Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102–484).
The countries excluded under subsection (a) are Australia, Belgium, Canada, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom, and the United States.
The Secretary shall make every effort to submit all of the information required by this section in unclassified form. Whenever the Secretary submits any such information in classified form, the Secretary shall submit such classified information in an addendum and shall also submit concurrently a detailed summary, in unclassified form, of that classified information.
In this section:
The term “designated congressional committees” means—
the Committee on Appropriations, the Committee on Armed Services, and the Committee on International Relations of the House of Representatives; and
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.
The terms “missile”, “MTCR”, and “MTCR equipment or technology” have the meanings given those terms in section 2797c of title 22 .
The term “person” means any United States or foreign individual, partnership, corporation, or other form of association, or any of its successor entities, parents, or subsidiaries.
The term “weaponize” or “weaponization” means to incorporate into, or the incorporation into, usable ordnance or other militarily useful means of delivery.
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.
For definition of “Secretary” as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.
For delegation of congressional reporting functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.
[Repealed]
The Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, and the Nuclear Regulatory Commission shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives informed with respect to—
any activities undertaken by any such Secretary or the Commission to carry out the purposes and policies of the Secretaries and the Commission with respect to nonproliferation programs; and
any other activities undertaken by any such Secretary or the Commission to prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.
The Director of National Intelligence shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives fully and currently informed with respect to any activities of foreign nations that are significant with respect to the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.
For purposes of paragraph (1), the term “fully and currently informed” means the transmittal of credible information with respect to an activity described in such paragraph not later than 60 days after becoming aware of the activity.
[Repealed]
CHAPTER 41— NATIONAL NUCLEAR SECURITY ADMINISTRATION
SUBCHAPTER I— ESTABLISHMENT AND ORGANIZATION
There is established within the Department of Energy a separately organized agency to be known as the National Nuclear Security Administration (in this chapter referred to as the “Administration”).
The mission of the Administration shall be the following:
To enhance United States national security through the military application of nuclear energy.
To support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, security, and safety of the United States nuclear weapons stockpile, including the ability to design, produce, and test nuclear weapons as necessary in order to meet national security requirements.
To provide the United States Navy with safe, militarily effective nuclear propulsion plants and to ensure the safe and reliable operation of those plants.
To promote international nuclear safety and nonproliferation.
To reduce global danger from weapons of mass destruction.
To support United States leadership in science and technology.
In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of—
fulfilling, to the maximum extent possible, the requirements for nuclear weapons of the Department of Defense;
protecting the environment;
safeguarding the safety and health of the public and of the workforce of the Administration; and
ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.
Pub. L. 106–65, div. C, title XXXII, § 3299, Oct. 5, 1999, 113 Stat. 971, provided that:
“(a) In General .— Except as provided in subsection (b), the provisions of this title [see Short Title note below] shall take effect on March 1, 2000 . “(b) Exceptions .— (1) Sections 3202, 3204, 3251, 3295, and 3297 [enacting section 2451 and former section 2483 of this title and sections 7144a to 7144c of Title 42, The Public Health and Welfare, amending section 7132 of Title 42 , and enacting provisions set out as a note below] shall take effect on the date of the enactment of this Act [ Oct. 5, 1999 ]. “(2) Sections 3234 and 3235 [enacting sections 2424 and 2425 of this title] shall take effect on the date of the enactment of this Act. During the period beginning on the date of the enactment of this Act and ending on the effective date of this title, the Secretary of Energy shall carry out those sections and any reference in those sections to the Administrator and the Administration shall be treated as references to the Secretary and the Department of Energy, respectively.”
Pub. L. 106–65, div. C, title XXXII, § 3201, Oct. 5, 1999, 113 Stat. 953, provided that:
“This title [enacting this chapter and sections 7144 to 7144c of Title 42, The Public Health and Welfare, amending sections 5314, 5315, 5595, and 8905a of Title 5, Government Organization and Employees, and sections 7132, 7133, and 7158 of Title 42, repealing sections 2122a, 7143, and 7271b of Title 42, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 435 of this title ] may be cited as the ‘National Nuclear Security Administration Act’.”
Pub. L. 107–107, div. B, title XXX, § 3008, Dec. 28, 2001, 115 Stat. 1352, provided that:
“(a) Infrastructure Plan for Nuclear Weapons Complex.— “(1) Preparation and submission .— Not later than the date on which the budget for the Department of Energy for fiscal year 2004 is submitted to Congress, the Secretary of Energy shall submit to Congress an infrastructure plan for the nuclear weapons complex adequate to support the nuclear weapons stockpile, the naval reactors program, and nonproliferation and national security activities. “(2) Special considerations .— In preparing the infrastructure plan, the Secretary shall take into consideration the following: “(A) The Department of Defense Nuclear Posture Review required pursuant to section 1041 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654 A–262 [former 10 U.S.C. 118 note]). “(B) Any efficiencies and security benefits of consolidation of facilities of the nuclear weapons complex. “(C) The necessity to have a residual production capability. “(b) Recommendations Regarding Realignments and Closures .— On the basis of the infrastructure plan prepared under subsection (a), the Secretary shall make such recommendations regarding the need to close or realign facilities of the nuclear weapons complex as the Secretary considers appropriate, including the Secretary’s recommendations on whether to establish a process by which a round of closures and realignments would be carried out and any additional legislative authority necessary to implement the recommendations. The Secretary shall submit the recommendations as part of the infrastructure plan under subsection (a). “(c) Definitions .— In this section: “(1) The terms ‘Secretary’ and ‘Secretary of Energy’ mean the Secretary of Energy, acting after consideration of the recommendations of the Administrator for Nuclear Security. “(2) The term ‘nuclear weapons complex’ means the national security laboratories and nuclear weapons production facilities (as such terms are defined in section 3281 of the National Nuclear Security Administration Act ( 50 U.S.C. 2471 )) and the facilities of the Naval Nuclear Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order (as such term is defined in section 3216 of such Act ( 50 U.S.C. 2406 )).”
Pub. L. 106–398, § 1 [div. C, title XXXI, § 3163], Oct. 30, 2000, 114 Stat. 1654, 1654A–473, provided that:
“(a) Study and Report Required .— The Secretary of Energy shall direct the Secretary of Energy Advisory Board to study and to submit to the Secretary not later than one year after the date of the enactment of this Act [ Oct. 30, 2000 ] a report regarding the following topics: “(1) The advantages and disadvantages of providing the Administrator for Nuclear Security with authority, notwithstanding the limitations otherwise imposed by the Federal Acquisition Regulation, to enter into transactions with public agencies, private organizations, or individuals on terms the Administrator considers appropriate to the furtherance of basic, applied, and advanced research functions. The Advisory Board shall consider, in its assessment of this authority, the management history of the Department of Energy and the effect of this authority on the National Nuclear Security Administration’s use of contractors to operate the national security laboratories. “(2) The advantages and disadvantages of establishing and implementing policies and procedures to facilitate the transfer of scientific, technical, and professional personnel among national security laboratories and nuclear weapons production facilities. “(3) The advantages and disadvantages of making changes in— “(A) the indemnification requirements for patents or other intellectual property licensed from a national security laboratory or nuclear weapons production facility; “(B) the royalty and fee schedules and types of compensation that may be used for patents or other intellectual property licensed to a small business concern from a national security laboratory or nuclear weapons production facility; “(C) the licensing procedures and requirements for patents and other intellectual property; “(D) the rights given to a small business concern that has licensed a patent or other intellectual property from a national security laboratory or nuclear weapons production facility to bring suit against third parties infringing such intellectual property; “(E) the advance funding requirements for a small business concern funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement; “(F) the intellectual property rights allocated to a business when it is funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement; and “(G) policies on royalty payments to inventors employed by a contractor operating a national security laboratory or nuclear weapons production facility, including those for inventions made under a funds-in agreement. “(b) Definition of Funds-In Agreement .— For the purposes of this section, the term ‘funds-in agreement’ means a contract between the Department and a non-Federal organization under which that organization pays the Department to provide a service or material not otherwise available in the domestic private sector. “(c) Submission to Congress .— Not later than one month after receiving the report under subsection (a), the Secretary shall submit to Congress that report, along with the Secretary’s recommendations for action and proposals for legislation to implement the recommendations.”
Pub. L. 106–398, § 1 [div. C, title XXXI, § 3165], Oct. 30, 2000, 114 Stat. 1654, 1654A–475, provided that:
“For purposes of this subtitle [subtitle E (§§ 3161–3165) of title XXXI of div. C of H.R. 5408, as enacted by section 1 of Pub. L. 106–398 , enacting provisions set out as notes under this section and section 2402 of this title ], the terms ‘national security laboratory’ and ‘nuclear weapons production facility’ have the meanings given such terms in section 3281 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65 ; 113 Stat. 968 ; 50 U.S.C. 2471 ).”
Pub. L. 106–65, div. C, title XXXII, § 3297, Oct. 5, 1999, 113 Stat. 971, which provided that not later than January 1, 2000, the Secretary of Energy was to submit to the Armed Services committees a report containing the Secretary’s plan for the implementation of the provisions of this title, was repealed by Pub. L. 112–239, div. C, title XXXI, § 3132(c)(1)(D), Jan. 2, 2013, 126 Stat. 2187.
Pub. L. 106–65, div. C, title XXXII, § 3298, Oct. 5, 1999, 113 Stat. 971, provided that:
“Subtitles A through F of this title [§§ 3211–3281, enacting this chapter and amending sections 5595 and 8905a of Title 5, Government Organization and Employees] (other than provisions of those subtitles amending existing provisions of law) shall be classified to the United States Code as a new chapter of title 50, United States Code.”
There is at the head of the Administration an Administrator for Nuclear Security (in this chapter referred to as the “Administrator”).
Pursuant to subsection (c) of section 7132 of title 42, the Under Secretary for Nuclear Security of the Department of Energy serves as the Administrator.
The Administrator has authority over, and is responsible for, all programs and activities of the Administration (except for the functions of the Deputy Administrator for Naval Reactors specified in the Executive order referred to in section 2406(b) of this title), including the following:
Strategic management.
Policy development and guidance.
Budget formulation, guidance, and execution, and other financial matters.
Resource requirements determination and allocation.
Program management and direction.
Safeguards and security.
Emergency management and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents.
Integrated safety management.
Environment, safety, and health operations.
Administration of contracts, including the management and operations of the nuclear weapons production facilities and the national security laboratories.
Intelligence.
Counterintelligence.
Personnel, including the selection, appointment, distribution, supervision, establishing of compensation, and separation of personnel in accordance with subchapter III of this chapter.
Procurement of services of experts and consultants in accordance with section 3109 of title 5.
Legal matters.
Legislative affairs.
Public affairs.
Eliminating inventories of surplus fissile materials usable for nuclear weapons.
Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.
Information resources management, including cybersecurity.
The Administrator is the senior procurement executive for the Administration for the purposes of section 1702(c) of title 41 .
The Administrator may establish Administration-specific policies, unless disapproved by the Secretary of Energy.
The Administrator serves as a member of the Nuclear Weapons Council under section 179 of title 10 .
Except as provided by subsections (b) and (c) of section 2481 of this title:
The Administrator may establish, abolish, alter, consolidate, or discontinue any organizational unit or component of the Administration, or transfer any function of the Administration.
Such authority does not apply to the abolition of organizational units or components established by law or the transfer of functions vested by law in any organizational unit or component.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
Pub. L. 115–91, div. C, title XXXI, § 3111(b), Dec. 12, 2017, 131 Stat. 1881, as amended by Pub. L. 117–81, div. C, title XXXI, § 3116, Dec. 27, 2021, 135 Stat. 2227; Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(C), Dec. 18, 2025, 139 Stat. 1460, provided that:
“(1) Establishment .— Not later than 30 days after the date of the enactment of this Act [ Dec. 12, 2017 ], the Administrator for Nuclear Security shall establish and carry out a program, to be known as the ‘Infrastructure Modernization Initiative’, to reduce the backlog of deferred maintenance and repair needs of the nuclear security enterprise (as defined in section 6101 of title 10 , United States Code). In carrying out that program, the Administrator shall establish and execute infrastructure modernization milestones that reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030. “(2) Authorities.— “(A) Process.— “(i) In general .— The Secretary of Energy shall provide to the Administrator a process that will enhance or streamline the ability of the Administrator to carry out the program under paragraph (1) in an efficient and effective manner, including with respect to— “(I) the demolition or construction of non-nuclear facilities of the Administration that have a total estimated project cost of less than $100,000,000; and “(II) the decontamination, decommissioning, and demolition (to be performed in accordance with applicable health and safety standards used by the Defense Environmental Cleanup Program) of process-contaminated facilities of the Administration that have a total estimated project cost of less than $75,000,000. “(ii) Funding .— Clause (i) may be carried out using amounts authorized to be appropriated for fiscal year 2018 or any subsequent fiscal year. “(B) Application of certain requirements .— For purposes of the Management Procedures Memorandum 2015–01 of the Office of Management and Budget, or a successor memorandum, in carrying out the program under paragraph (1), the Administrator may— “(i) perform new construction during a fiscal year that differs from the fiscal year of corresponding facility demolition; “(ii) perform demolition of different facility category codes and have that demolition credit count towards the construction of new facilities with a different facility category code; and “(iii) have the net reduction in infrastructure footprint for the five fiscal years prior to the date of the enactment of this Act [ Dec. 12, 2017 ], and the demolition during the five fiscal years following such date of enactment, considered as a factor for the purpose of meeting the intent of such memorandum. “(3) Plan required .— Not later than March 1, 2022 , the Administrator shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to carry out the program under paragraph (1) to achieve the goal specified in such paragraph. Such plan shall include— “(A) the funding required to carry out the program during the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act ( 50 U.S.C. 2453 ); “(B) the criteria for selecting and prioritizing projects within the program under paragraph (1); “(C) mechanisms for ensuring the robust management and oversight of such projects; “(D) a description of the process provided to the Administrator to carry out the program pursuant to paragraph (2)(A); and “(E) a description of any legislative actions the Administrator recommends to further enhance or streamline authorities or processes relating to the program. “(4) Reassessment .— Not later than February 1, 2023 , the Administrator shall reassess the program under paragraph (1) and, as appropriate, develop and establish goals for the program beyond 2030. “(5) Annual reports .— Not later than March 1, 2023 , and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1).”
Pub. L. 106–398, § 1 [div. C, title XXXI, § 3161], Oct. 30, 2000, 114 Stat. 1654, 1654A–470, provided that:
“(a) Establishment .— The Administrator for Nuclear Security shall establish a Technology Infrastructure Pilot Program in accordance with this section. “(b) Purpose .— The purpose of the program shall be to explore new methods of collaboration and improvements in the management and effectiveness of collaborative programs carried out by the national security laboratories and nuclear weapons production facilities in partnership with private industry and institutions of higher education and to improve the ability of those laboratories and facilities to support missions of the Administration. “(c) Funding .— (1) Except as provided in paragraph (2), funding shall be available for the pilot program only to the extent of specific authorizations and appropriations enacted after the date of the enactment of this Act [ Oct. 30, 2000 ]. “(2) From amounts available in fiscal years 2001 and 2002 for technology partnership programs of the Administration, the Administrator may allocate to carry out the pilot program not more than $5,000,000. “(d) Project Requirements .— A project may not be approved for the pilot program unless the project meets the following requirements: “(1) The participants in the project include— “(A) a national security laboratory or nuclear weapons production facility; and “(B) one or more of the following: “(i) A business. “(ii) An institution of higher education. “(iii) A nonprofit institution. “(iv) An agency of a State, local, or tribal government. “(2) (A) Not less than 50 percent of the costs of the project are to be provided by non-Federal sources. “(B) (i) The calculation of the amount of the costs of the project provided by non-Federal sources shall include cash, personnel, services, equipment, and other resources expended on the project. “(ii) No funds or other resources expended before the start of the project or outside the project’s scope of work may be credited toward the costs provided by non-Federal sources to the project. “(3) The project (other than in the case of a project under which the participating laboratory or facility receives funding under this section) shall be competitively selected by that laboratory or facility using procedures determined to be appropriate by the Administrator. “(4) No Federal funds shall be made available under this section for— “(A) construction; or “(B) any project for more than five years. “(e) Selection Criteria .— (1) The projects selected for the pilot program shall— “(A) stimulate the development of technology expertise and capabilities in private industry and institutions of higher education that can support the nuclear weapons and nuclear nonproliferation missions of the national security laboratories and nuclear weapons production facilities on a continuing basis; “(B) improve the ability of those laboratories and facilities [to] benefit from commercial research, technology, products, processes, and services that can support the nuclear weapons and nuclear nonproliferation missions of those laboratories and facilities on a continuing basis; and “(C) encourage the exchange of scientific and technological expertise between those laboratories and facilities and— “(i) institutions of higher education; “(ii) technology-related business concerns; “(iii) nonprofit institutions; and “(iv) agencies of State, tribal, or local governments; that can support the missions of those laboratories and facilities. “(2) The Administrator may authorize the provision of Federal funds for a project under this section only if the director of the laboratory or facility managing the project determines that the project is likely to improve the ability of that laboratory or facility to achieve technical success in meeting nuclear weapons and nuclear nonproliferation missions of the Administration. “(3) The Administrator shall require the director of the laboratory or facility to consider the following criteria in selecting a project to receive Federal funds: “(A) The potential of the project to succeed, based on its technical merit, team members, management approach, resources, and project plan. “(B) The potential of the project to promote the development of a commercially sustainable technology, determined by considering whether the project will derive sufficient demand for its products or services from the private sector to support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis. “(C) The potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating laboratory or facility to achieve its nuclear weapons and nuclear nonproliferation missions. “(D) The commitment shown by non-Federal organizations to the project, based primarily on the nature and amount of the financial and other resources they will risk on the project. “(E) The extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis and that will make substantive contributions to achieving the goals of the project. “(F) The extent of participation in the project by agencies of State, tribal, or local governments that will make substantive contributions to achieving the goals of the project. “(G) The extent to which the project focuses on promoting the development of technology-related business concerns that are small business concerns or involves small business concerns substantively in the project. “(f) Implementation Plan .— No funds may be allocated for the pilot program until 30 days after the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the implementation of the pilot program. The plan shall, at a minimum— “(1) identify the national security laboratories and nuclear weapons production facilities that have been designated by the Administrator to participate in the pilot program; and “(2) with respect to each laboratory or facility identified under paragraph (1)— “(A) identify the businesses, institutions of higher education, nonprofit institutions, and agencies of State, local, or tribal government that are expected to participate in the pilot program at that laboratory or facility; “(B) identify the technology areas to be addressed by the pilot program at that laboratory or facility and the manner in which the pilot program will support high-priority missions of that laboratory or facility on a continuing basis; and “(C) describe the management controls that have been put into place to ensure that the pilot program as conducted at that laboratory or facility is conducted in a cost-effective manner consistent with the objectives of the pilot program. “(g) Report on Implementation .— (1) Not later than February 1, 2002 , the Administrator shall submit to the congressional defense committees a report on the implementation and management of the pilot program. The report shall take into consideration the results of the pilot program to date and the views of the directors of the participating laboratories and facilities. The report shall include any recommendations the Administrator may have concerning the future of the pilot program. “(2) Not later than 30 days after the date on which the Administrator submits the report required by paragraph (1), the Comptroller General shall submit to the congressional defense committees a report containing the Comptroller General’s assessment of that report.”
[For definitions of “national security laboratory” and “nuclear weapons production facility” as used in section 1 [div. C, title XXXI, § 3161] of Pub. L. 106–398, set out above, see section 1 [div. C, title XXXI, § 3165] of Pub. L. 106–398, set out as a note under section 2401 of this title.]
There is in the Administration a Principal Deputy Administrator, who is appointed by the President, by and with the advice and consent of the Senate.
The Principal Deputy Administrator shall be appointed from among persons who have extensive background in organizational management and are well qualified to manage the nuclear weapons, infrastructure construction and maintenance, nonproliferation, and materials disposition programs of the Administration in a manner that advances and protects the national security of the United States.
Subject to the authority, direction, and control of the Administrator, the Principal Deputy Administrator shall perform such duties and exercise such powers as the Administrator may prescribe, including the coordination of activities among the elements of the Administration. The Principal Deputy Administrator shall act for, and exercise the powers of, the Administrator when the Administrator is disabled or the position of Administrator is vacant.
There is in the Administration a Deputy Administrator for Defense Programs, who is appointed by the President, by and with the advice and consent of the Senate.
Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Programs shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:
Supporting the deterrence of strategic attacks by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including the ability to design, produce, and test as necessary to meet national security requirements.
Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
There is in the Administration a Deputy Administrator for Defense Nuclear Nonproliferation, who is appointed by the President, by and with the advice and consent of the Senate.
Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Nuclear Nonproliferation shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:
Preventing the spread of materials, technology, and expertise relating to weapons of mass destruction.
Detecting the proliferation of weapons of mass destruction worldwide.
Eliminating inventories of surplus fissile materials usable for nuclear weapons.
Providing for international nuclear safety.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
There is in the Administration a Deputy Administrator for Naval Reactors. The director of the Naval Nuclear Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order shall serve as the Deputy Administrator for Naval Reactors.
Within the Department of Energy, the Deputy Administrator shall report to the Secretary of Energy through the Administrator and shall have direct access to the Secretary and other senior officials in the Department.
The Deputy Administrator shall be assigned the responsibilities, authorities, and accountability for all functions of the Office of Naval Reactors under the Naval Nuclear Propulsion Executive Order.
Except as otherwise specified in this section and notwithstanding any other provision of this chapter, the provisions of the Naval Nuclear Propulsion Executive Order remain in full force and effect until changed by law.
As used in this section, the Naval Nuclear Propulsion Executive Order is Executive Order No. 12344, dated February 1, 1982 ( 42 U.S.C. 7158 note) 1 1 See References in Text note below. (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 ( Public Law 98–525 ; 42 U.S.C. 7158 note)). 1
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
There is a General Counsel of the Administration. The General Counsel is the chief legal officer of the Administration.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
The Administrator shall maintain within the Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator.
The staff of the Administration shall perform, in accordance with applicable law, such of the functions of the Administrator as the Administrator shall prescribe. The Administrator shall assign to the staff responsibility for the following functions:
Personnel.
Legislative affairs.
Public affairs.
Liaison with the Department of Energy’s Office of Intelligence and Counterintelligence.
Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
Notwithstanding the authority granted by section 7253 of title 42 or any other provision of law, the Secretary of Energy may not establish, abolish, alter, consolidate, or discontinue any organizational unit or component, or transfer any function, of the Administration, except as authorized by subsection (b) or (c) of section 2481 of this title .
Each officer or employee of the Administration—
shall be responsible to and subject to the authority, direction, and control of—
the Secretary acting through the Administrator and consistent with section 7132(c)(3) of title 42;
the Administrator; or
the Administrator’s designee within the Administration; and
shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department of Energy.
Each officer or employee of a contractor of the Administration shall not be responsible to, or subject to the authority, direction, or control of, any officer, employee, or agent of the Department of Energy who is not an employee of the Administration, except for the Secretary of Energy consistent with section 7132(c)(3) of title 42 .
Subsections (a) and (b) may not be interpreted to in any way preclude or interfere with the communication of technical findings derived from, and in accord with, duly authorized activities between—
the head, or any contractor employee, of a national security laboratory or of a nuclear weapons production facility; and
the Department of Energy, the President, or Congress.
Except in accordance with sections 2402(a)(2) and 2406(a)(1) of this title:
An individual may not concurrently hold or carry out the responsibilities of—
a position within the Administration; and
a position within the Department of Energy not within the Administration.
No funds appropriated or otherwise made available for any fiscal year may be used to pay, to an individual who concurrently holds or carries out the responsibilities of a position specified in paragraph (1)(A) and a position specified in paragraph (1)(B), the basic pay, salary, or other compensation relating to any such position.
Notwithstanding the restrictions of subsections (a) and (b), each officer or employee of the Administration, or of a contractor of the Administration, who is carrying out activities related to intelligence or counterintelligence shall, in carrying out those activities, be subject to the authority, direction, and control of the Secretary of Energy or the Secretary’s delegate.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the “Director”).
The position of the Director shall be a Senior Executive Service position (as defined in section 3132(a) of title 5).
The Director shall be the principal advisor to the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration. The Director shall report directly to the Administrator.
The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration.
The Director shall be the responsible for the following activities relating to cost estimation:
Advising the Administrator on policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates.
Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program.
Advising the Administrator on policies and procedures for developing technology readiness assessments for major atomic energy defense acquisition programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments.
Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance.
As directed by the Administrator, conducting independent cost estimates for such programs.
A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review, evaluation, or cost estimate.
The Director shall submit in writing to the Administrator the following:
The certification of the Director with respect to each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1).
A statement of the confidence level of the Director with respect to each such review, evaluation, and cost estimate, including an identification of areas of uncertainty, risk, and opportunity discovered in conducting each such review, evaluation, and cost estimate.
The Director shall be responsible for the following activities relating to program evaluation:
Reviewing and commenting on policies and procedures for setting requirements for the future-years nuclear security program under section 2453 of this title and for prioritizing and estimating the funding required by the Administration for that program.
Reviewing the future-years nuclear security program on an annual basis to ensure that the program is accurate and thorough.
Advising the Administrator on policies and procedures for analyses of alternatives for major atomic energy defense acquisition programs.
Developing and managing the submittal of the Selected Acquisition Reports and independent cost estimates on nuclear weapons systems undergoing major life extension under section 2537 1 of this title.
Reviewing cost and schedule baselines for projects under section 2753 of this title and managing notifications to the congressional defense committees of cost overruns under that section.
A review conducted under paragraph (1)(B) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review.
The Director shall submit to Congress a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (1)(B) at or about the time the budget of the President is submitted to Congress under section 1105(a) of title 31 for the next fiscal year.
The Administrator, acting through the Director, shall, as appropriate, seek to use procedures, processes, and policies for collecting cost data and making that data accessible that are similar to the procedures, processes, and policies used by the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense for those purposes.
The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical matters, budgetary matters, cost estimation, technology readiness analysis, and other appropriate matters to carry out the functions required by this section.
The Director shall submit to Congress at or about the time that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31 for each of fiscal years 2015 through 2018, a report that includes the following:
A description of activities conducted by the Director during the calendar year preceding the submission of the report that are related to the duties and activities described in this section.
A list of all major atomic energy defense acquisition programs and a concise description of the status of each such program and project in meeting cost and critical schedule milestones.
Nothing in this section shall be construed to require duplicate reviews or cost estimates for major atomic energy defense acquisition programs by the Administration or other elements of the Department of Energy.
In this section:
The term “Administration”, with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors.
The term “major atomic energy defense acquisition program” means an atomic energy defense acquisition program of the Administration—
the total project cost of which is more than $500,000,000; or
the total lifetime cost of which is more than $1,000,000,000.
The term “performance baseline”, with respect to a major atomic energy defense acquisition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the program.
Pub. L. 115–232, div. C, title XXXI, § 3113(b), Aug. 13, 2018, 132 Stat. 2290, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect on the date that is 18 months after the date of the enactment of this Act [ Aug. 13, 2018 ].”
There is in the Administration a working group, to be known as the “Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group” (referred to in this section as the “working group”).
Members of the working group shall include—
the Deputy Administrator for Defense Programs;
the Associate Administrator for Information Management and Chief Information Officer; and
such other personnel of the Administration as are determined appropriate for inclusion in the working group by the Chairperson.
The Deputy Administrator for Defense Programs shall serve as the Chairperson of the working group, except that the Administrator may designate another member of the working group to serve as Chairperson in lieu of the Deputy Administrator if the Administrator determines it is appropriate to do so.
The working group shall prepare a comprehensive strategy for inventorying the range of systems of the Administration that are potentially at risk in the operational technology and nuclear weapons information technology environments, assessing the systems at risk based on mission impact, and implementing risk mitigation actions. Such strategy shall incorporate key elements of effective cybersecurity risk management strategies, as identified by the Government Accountability Office, including the specification of—
goals, objectives, activities, and performance measures;
organizational roles, responsibilities, and coordination;
resources needed to implement the strategy through 2034; and
detailed milestones and schedules for completion of tasks.
Not later than 120 days after December 22, 2023 , the working group shall provide to the congressional defense committees a briefing on the plan of the working group to develop the strategy required under subsection (d).
Not later than April 1, 2025 , the working group shall submit the congressional defense committees a copy of the completed strategy.
The working group shall terminate on a date determined by the Administrator that is not earlier than the date that is five years after December 22, 2023 .
SUBCHAPTER II— MATTERS RELATING TO SECURITY
The Administrator shall establish procedures to ensure the maximum protection of classified information in the possession of the Administration.
The Administrator shall establish procedures to ensure prompt reporting to the Administrator of any significant problem, abuse, violation of law or Executive order, or deficiency relating to the management of classified information by personnel of the Administration.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
There is within the Administration an Office of Defense Nuclear Security, headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for such position.
The head of the Office of Defense Nuclear Security is the Chief of Defense Nuclear Security, who shall report to the Administrator and shall implement the security policies directed by the Secretary and Administrator.
The Chief shall have direct access to the Secretary and all other officials of the Department and the contractors of the Department concerning security matters.
The Chief shall be responsible for the development and implementation of security programs for the Administration, including the protection, control and accounting of materials, and for the physical security for all facilities of the Administration.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
The Secretary of Energy shall, at each national security laboratory and nuclear weapons production facility, establish and maintain a counterintelligence program adequate to protect national security information at that laboratory or production facility.
The Secretary of Energy shall, at each Department facility not described in subsection (a) at which Restricted Data is located, assign an employee of the Office of Intelligence and Counterintelligence of the Department of Energy who shall be responsible for and assess counterintelligence matters at that facility.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
The Administrator shall establish appropriate procedures to ensure that any individual is not permitted unescorted access to any classified area, or access to classified information, of the Administration until that individual has been verified to hold the appropriate security clearances.
The Administrator shall establish procedures to govern access to information on Administration computers. Those procedures shall, at a minimum, provide that any individual who has access to information on an Administration computer shall be required as a condition of such access to provide to the Administrator written consent which permits access by an authorized investigative agency to any Administration computer used in the performance of the duties of such employee during the period of that individual’s access to information on an Administration computer and for a period of three years thereafter.
Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986 ( Public Law 99–508 ; 100 Stat. 1848 )), no user of an Administration computer shall have any expectation of privacy in the use of that computer.
For purposes of this section, the term “authorized investigative agency” means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.
Not later than February 1 of each year, the Administrator shall submit to the congressional defense committees a report on special access programs of the Administration.
Each such report shall set forth—
the total amount requested for such programs in the President’s budget for the next fiscal year submitted under section 1105 of title 31; and
for each such program in that budget, the following:
A brief description of the program.
A brief discussion of the major milestones established for the program.
The actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted.
The estimated total cost of the program and the estimated cost of the program for—
the current fiscal year;
the fiscal year for which the budget is submitted; and
each of the four succeeding fiscal years during which the program is expected to be conducted.
Not later than February 1 of each year, the Administrator shall submit to the congressional defense committees a report that, with respect to each new special access program, provides—
notice of the designation of the program as a special access program; and
justification for such designation.
A report under paragraph (1) with respect to a program shall include—
the current estimate of the total program cost for the program; and
an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
In this subsection, the term “new special access program” means a special access program that has not previously been covered in a notice and justification under this subsection.
Whenever a change in the classification of a special access program of the Administration is planned to be made or whenever classified information concerning a special access program of the Administration is to be declassified and made public, the Administrator shall submit to the congressional defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur.
If the Administrator determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Administration, the Administrator may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
Whenever there is a modification or termination of the policy and criteria used for designating a program of the Administration as a special access program, the Administrator shall promptly notify the congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
The Administrator may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Administrator determines that inclusion of that information in the report would adversely affect the national security. The Administrator may waive the report-and-wait requirement in subsection (f) if the Administrator determines that compliance with such requirement would adversely affect the national security. Any waiver under this paragraph shall be made on a case-by-case basis.
If the Administrator exercises the authority provided under paragraph (1), the Administrator shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees.
A special access program may not be initiated until—
the congressional defense committees are notified of the program; and
a period of 30 days elapses after such notification is received.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
SUBCHAPTER III— MATTERS RELATING TO PERSONNEL
Pub. L. 115–91, div. C, title XXXI, § 3116(a), Dec. 12, 2017, 131 Stat. 1888; Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(D), Dec. 18, 2025, 139 Stat. 1460, provided that:
“(1) Extension .— The Administrator for Nuclear Security shall carry out the pay banding and performance-based pay adjustment demonstration project of the National Nuclear Security Administration authorized under section 4703 of title 5 , United States Code, until the date that is 10 years after the date of the enactment of this Act [ Dec. 12, 2017 ]. “(2) Modifications .— In carrying out the demonstration project described in paragraph (1), the Administrator— “(A) may, subject to subparagraph (B), revise the requirements and limitations of the demonstration project to the extent necessary; and “(B) shall— “(i) ensure that the demonstration project is carried out in a manner consistent with the plan for the demonstration project published in the Federal Register on December 21, 2007 (72 Fed. Reg. 72776); “(ii) ensure that significant changes in the demonstration project not take effect until revisions, as necessary and applicable, to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Federal Register; “(iii) ensure that procedural modifications or clarifications to the plan for the demonstration project be made through local notification processes; “(iv) authorize, and establish incentives for, employees of the National Nuclear Security Administration to have rotational assignments among different programs of the Administration, the headquarters and field offices of the Administration, and the management and operating contractors of the Administration; and “(v) establish requirements for employees of the Administration who are in the demonstration project described in paragraph (1) to be promoted to senior-level positions in the Administration, including requirements with respect to— “(I) professional training and continuing education; and “(II) a certain number and types of rotational assignments under clause (iv), as determined by the Administrator. “(3) Application to naval nuclear propulsion program .— The Director of the Naval Nuclear Propulsion Program established pursuant to section 6102 of title 10 , United States Code and section 3216 of the National Nuclear Security Administration Act ( 50 U.S.C. 2406 ) may, with the concurrence of the Secretary of the Navy, apply the demonstration project described in paragraph (1) to— “(A) all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in section 2102 of title 5 , United States Code); and “(B) all employees of the Department of [the] Navy who are assigned to the Naval Nuclear Propulsion Program and are in the excepted service (as defined in section 2103 of title 5 , United States Code) (other than such employees in statutory excepted service systems).”
Pub. L. 115–91, div. C, title XXXI, § 3116(b), Dec. 12, 2017, 131 Stat. 1889, provided that:
“(1) Increased use .— The Administrator for Nuclear Security shall increase the use of rotational assignments of employees of the management and operating contractors of the National Nuclear Security Administration to the headquarters of the Administration, the Department of Defense and the military departments, the intelligence community, and other departments and agencies of the Federal Government. “(2) Methods .— The Administrator shall carry out paragraph (1) by— “(A) establishing incentives for— “(i) the management and operating contractors of the Administration and the employees of such contractors to participate in rotational assignments; and “(ii) the departments and agencies of the Federal Government specified in such paragraph to facilitate such assignments; “(B) providing professional and leadership development opportunities during such assignments; “(C) using details and other applicable authorities and programs, including the mobility program under subchapter VI of chapter 33 of title 5, United States Code (commonly referred to as the ‘Intergovernmental Personnel Act Mobility Program’); and “(D) taking such other actions as the Administrator determines appropriate to increase the use of such rotational assignments.”
The Administrator may, for the purposes of carrying out the responsibilities of the Administrator under this chapter, establish not more than 1,200 contracting, program management, scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 2201(d) of title 42 to make appointments and fix compensation with respect to officers and employees described in such section. To ensure that the positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such a position to replace the vacancy of a position not established under this section.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
The Administrator shall ensure that the expertise of the national security laboratories and the nuclear weapons production facilities is made available to the Administration, the Department of Energy, the Department of Defense, other Federal agencies, and Congress through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs.
In this section, the term “Office of the Administrator”, with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled “Federal Salaries and Expenses”.
In conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, the Administrator shall provide to the congressional defense committees a briefing containing the following information:
A projection of the expected number of employees of the Office of the Administrator, as counted under subsection (d), for the fiscal year covered by the budget and the four subsequent fiscal years, broken down by the office in which the employees are projected to be assigned.
With respect to the most recent fiscal year for which data is available—
the number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds;
the number of full-time equivalent contractor employees working under each contract identified under subparagraph (A);
the number of full-time equivalent contractor employees described in subparagraph (B) that have been employed under such a contract for a period greater than two years;
with respect to each contract identified under subparagraph (A)—
identification of each appropriations account that supports the contract; and
the amount obligated under the contract during the fiscal year, listed by each such account; and
with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A).
A determination of the number of employees in the Office of the Administrator under subsection (c) shall be expressed on a full-time equivalent basis.
Except as provided by paragraph (3), in determining the total number of employees in the Office of the Administrator under subsection (c), the Administrator shall count each employee of the Office without regard to whether the employee is located at the headquarters of the Administration, a site office of the Administration, a service or support center of the Administration, or any other location.
The following employees may not be counted for purposes of determining the total number of employees in the Office of the Administrator under subsection (c):
Employees of the Office of Naval Reactors.
Employees of the Office of Secure Transportation.
Members of the Armed Forces detailed to the Administration.
Personnel supporting the Office of the Administrator pursuant to the mobility program under subchapter VI of chapter 33 of title 5 (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”).
[Repealed]
At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, the Administrator shall notify the appropriate congressional committees of—
the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and
for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation.
Not later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.
In this section:
The term “appropriate congressional committees” means—
the congressional defense committees; and
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
The term “covered employee” means—
an employee of the Administration; or
an employee of an element of the Department of Energy (other than the Administration) involved in nuclear security.
The Administrator for Nuclear Security shall carry out a program to provide scholarships and fellowships for the purpose of enabling individuals to qualify for employment in the nonproliferation and national security programs of the National Nuclear Security Administration.
An individual shall be eligible for a scholarship or fellowship under the program established under this section if the individual—
is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;
has been accepted for enrollment or is currently enrolled as a full-time student at an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)));
is pursuing a program of education that leads to an appropriate higher education degree in a qualifying field of study, as determined by the Administrator;
enters into an agreement described in subsection (c); and
meets such other requirements as the Administrator prescribes.
An individual seeking a scholarship or fellowship under the program established under this section shall enter into an agreement, in writing, with the Administrator that includes the following:
The agreement of the Administrator to provide such individual with a scholarship or fellowship in the form of educational assistance for a specified number of school years (not to exceed five school years) during which such individual is pursuing a program of education in a qualifying field of study, which educational assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend.
The agreement of such individual—
to accept such educational assistance;
to maintain enrollment and attendance in a program of education described in subsection (b)(2) until such individual completes such program;
while enrolled in such program, to maintain satisfactory academic progress in such program, as determined by the institution of higher education in which such individual is enrolled; and
after completion of such program, to serve as a full-time employee in a nonproliferation or national security position in the National Nuclear Security Administration or at a laboratory of the Administration for a period of not less than 12 months for each school year or part of a school year for which such individual receives a scholarship or fellowship under the program established under this section.
The agreement of such individual with respect to the repayment requirements specified in subsection (d).
An individual receiving a scholarship or fellowship under the program established under this section shall agree to pay to the United States the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), if such individual—
does not complete the program of education agreed to pursuant to subsection (c)(2)(B);
completes such program of education but declines to serve in a position in the National Nuclear Security Administration or at a laboratory of the Administration as agreed to pursuant to subsection (c)(2)(D); or
is voluntarily separated from service or involuntarily separated for cause from the National Nuclear Security Administration or a laboratory of the Administration before the end of the period for which such individual agreed to continue in the service of the Administration pursuant to subsection (c)(2)(D).
If an individual who received a scholarship or fellowship under the program established under this section is required to repay, pursuant to an agreement under paragraph (1), the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), and fails to repay such amount, a sum equal to such amount (plus such interest) is recoverable by the United States Government from such individual or the estate of such individual by—
in the case of an individual who is an employee of the United States Government, setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or
such other method as is provided by law for the recovery of amounts owed to the Government.
The Administrator may waive, in whole or in part, repayment by an individual under this subsection if the Administrator determines that seeking recovery under paragraph (2) would be against equity and good conscience or would be contrary to the best interests of the United States.
For purposes of repayment under this subsection, the total amount of educational assistance provided to an individual under the program established under this section shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1077a(c) ).
In evaluating individuals for the award of a scholarship or fellowship under the program established under this section, the Administrator may give a preference to an individual who is enrolled in, or accepted for enrollment in, an institution of higher education that has a cooperative education program with the National Nuclear Security Administration.
A scholarship or fellowship awarded under the program established under this section shall be taken into account in determining the eligibility of an individual receiving such scholarship or fellowship for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.).
Not later than January 1, 2010 , the Administrator shall submit to the congressional defense committees a report on the activities carried out under the program established under this section, including any recommendations for future activities under such program.
Of the amounts authorized to be appropriated by section 3101(a)(2) 1 1 See References in Text note below. for defense nuclear nonproliferation activities, $3,000,000 shall be available to carry out the program established under this section.
Congressional defense committees has the meaning given that term in section 101(a)(16) of Title 10, Armed Forces, see section 3 of Pub. L. 110–417, Oct. 14, 2008, 122 Stat. 4372. See note under section 101 of Title 10.
The Secretary of Energy or the Administrator may not pay to a covered employee a bonus during the one-year period beginning on the date on which the Secretary or the Administrator, as the case may be, determines that the covered employee engaged in improper program management that resulted in a notification under section 2753 of this title or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)).
Not later than one year after November 25, 2015 , the Secretary shall issue guidance for the implementation of paragraph (1).
Not later than 180 days after November 25, 2015, the Secretary and the Administrator shall each issue guidance prohibiting the payment of a bonus to a covered employee during the one-year period beginning on the date on which the Secretary or the Administrator, as the case may be, determines that the covered employee engaged in improper program management—
that jeopardized the health, safety, or security of employees or facilities of the Administration or another element of the Department of Energy involved in nuclear security; or
in carrying out defense nuclear nonproliferation activities.
The Secretary or the Administrator, as the case may be, may waive the limitation on the payment of a bonus under subsection (a) or (b) on a case-by-case basis if—
the Secretary or the Administrator, as the case may be, notifies the appropriate congressional committees of such waiver; and
a period of 60 days elapses following such notification.
In this section:
The term “appropriate congressional committees” means—
the congressional defense committees; and
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
The term “bonus” means a bonus or award paid under title 5, including under chapters 45 or 53 of such title, or any other provision of law.
The term “covered employee” has the meaning given that term in section 2443 of this title.
Except as provided by subsection (b), if the Secretary of Energy or the Administrator determines that a covered contractor engaged in improper program management that resulted in a notification under section 2753 of this title or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)), the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees—
an explanation as to whether termination of the contract is an appropriate remedy;
a description of the terms of the contract regarding award fees and performance; and
a description of how the Secretary or the Administrator, as the case may be, plans to exercise options under the contract.
If the Secretary or the Administrator, as the case may be, is not able to submit the information described in paragraphs (1) through (3) of subsection (a) by reason of a contract enforcement action, the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of such contract enforcement action and the date on which the Secretary or the Administrator, as the case may be, plans to submit the information described in such paragraphs.
In this section:
The term “appropriate congressional committees” means—
the congressional defense committees; and
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
The term “covered contractor” means—
a contractor of the Administration; or
a contractor of an element of the Department of Energy (other than the Administration) involved in nuclear security.
SUBCHAPTER IV— BUDGET AND FINANCIAL MANAGEMENT
In each budget submitted by the President to Congress under section 1105 of title 31 , amounts requested for the Administration shall be set forth separately within the other amounts requested for the Department of Energy.
In the budget justification materials submitted to Congress in support of each such budget, the amounts requested for the Administration shall be specified in individual, dedicated program elements.
In the budget justification materials submitted to Congress in support of each such budget, the Administrator shall include an assessment of how the budget maintains the core nuclear weapons skills of the Administration, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.
Pub. L. 111–84, div. C, title XXXI, § 3141, Oct. 28, 2009, 123 Stat. 2715, provided that:
“(a) In General .— The Administrator for Nuclear Security and the Under Secretary for Science of the Department of Energy shall jointly develop a plan to use and fund, over a ten-year period, the following facilities of the Department of Energy: “(1) The National Ignition Facility at the Lawrence Livermore National Laboratory, California. “(2) The Los Alamos Neutron Science Center at the Los Alamos National Laboratory, New Mexico. “(3) The Z Machine at the Sandia National Laboratories, New Mexico. “(4) The Microsystems and Engineering Sciences Application Facility at the Sandia National Laboratories, New Mexico. “(b) Submittal of Plan .— Not later than 45 days after the date of the enactment of this Act [ Oct. 28, 2009 ], the Administrator for Nuclear Security and the Under Secretary for Science of the Department of Energy shall submit to the appropriate congressional committees the plan required by subsection (a). “(c) Requirement to Specify Source of Facility Funding in Budget Requests .— In any budget request for the Department of Energy for a fiscal year that is submitted to Congress after the date of the enactment of this Act [ Oct. 28, 2009 ], the Secretary of Energy shall identify for that fiscal year the portion of the funding for each facility specified in subsection (a) that is to be provided by the National Nuclear Security Administration and by the Office of Science of the Department of Energy. “(d) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives; and “(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate.”
The Administrator shall establish procedures to ensure that the planning, programming, budgeting, and financial activities of the Administration comport with sound financial and fiscal management principles. Those procedures shall, at a minimum, provide for the planning, programming, and budgeting of activities of the Administration using funds that are available for obligation for a limited number of years.
Each year, the Administrator shall prepare a plan for the obligation of the amounts that, in the President’s budget submitted to Congress that year under section 1105(a) of title 31, are proposed to be appropriated for the Administration for the fiscal year that begins in that year (in this section referred to as the “budget year”) and the two succeeding fiscal years.
For each program element and construction line item of the Administration, the plan shall provide the goal of the Administration for the obligation of those amounts for that element or item for each fiscal year of the plan, expressed as a percentage of the total amount proposed to be appropriated in that budget for that element or item.
The Administrator shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, each of the following:
The plan required by subsection (b) prepared with respect to that budget.
A report on the plans prepared with respect to the preceding years’ budgets, which shall include, for each goal provided in those plans—
the assessment of the Administrator as to whether or not that goal was met; and
if that assessment is that the goal was not met—
the reasons why that goal was not met; and
the plan of the Administrator for meeting or, if necessary, adjusting that goal.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
Pub. L. 118–31, div. C, title XXXI, § 3132, Dec. 22, 2023, 137 Stat. 804, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Administrator for Nuclear Security shall issue an updated financial integration policy, which shall include the following: “(1) Updated responsibilities for offices of the National Nuclear Security Administration and requirements for management and operating contractors, including contractors at sites that are not sites of the Administration. “(2) Guidance for how offices of the Administration should use common financial data, including guidance requiring that such data be used as the primary source of financial data by program offices, to the extent practicable. “(3) Processes recommended by the Government Accountability Office to improve financial integration efforts of the Administration, including an internal process to verify how management and operating contractors crosswalk data from their systems to the appropriate work breakdown structure of the Administration and apply common cost element definitions. “(4) Any other matters the Administrator considers appropriate.”
Pub. L. 106–398, § 1 [div. C, title XXXI, § 3158(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–469, provided that the first report submitted under subsec. (c)(2) of this section was to be the report prepared with respect to the budget submitted in calendar year 2001, and that, not later than Mar. 15, 2001, the Comptroller General would submit to Congress an assessment of the adequacy of the planning, programming, and budgeting processes of the National Nuclear Security Administration.
The Administrator shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress that year under section 1105(a) of title 31 , a future-years nuclear security program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years nuclear security program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
Each future-years nuclear security program shall contain the following:
A detailed description of the program elements (and the projects, activities, and construction projects associated with each such program element) during the applicable five-fiscal-year period for at least each of the following:
For defense programs—
directed stockpile work;
campaigns;
readiness in technical base and facilities; and
secure transportation asset.
For defense nuclear nonproliferation—
nonproliferation and verification, research, and development;
arms control; and
fissile materials disposition.
For naval reactors, naval reactors operations and maintenance.
A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support each program element specified pursuant to paragraph (1).
A detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help ensure that the nuclear weapons stockpile is safe and reliable, as determined in accordance with the criteria established under section 2522(a) 1 of this title.
A description of the anticipated workload requirements for each Administration site during that five-fiscal-year period.
The Administrator shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
Amounts referred to in paragraph (1) are the following:
The amounts specified in program and budget information submitted to Congress by the Administrator in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years nuclear security program submitted pursuant to subsection (a).
The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Administration included pursuant to paragraph (5) of section 1105(a) of such title in the budget submitted to Congress under that section for any fiscal year.
Nothing in this section shall be construed to prohibit the inclusion in the future-years nuclear security program of amounts for management contingencies, subject to the requirements of subsection (c).
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
Pub. L. 118–31, div. C, title XXXI, § 3128, Dec. 22, 2023, 137 Stat. 795, provided that:
“(a) In General .— The Administrator for Nuclear Security shall— “(1) develop and maintain a high-level milestone schedule document for all covered construction projects that includes production infrastructure modernization schedules with weapons modernization programs; and “(2) for each covered construction project included in the high-level milestone schedule document under paragraph (1), include in such document an identification and explanation of the status of any associated integrated master schedule. “(b) Inclusion in Future-years Nuclear Security Program .— The milestone schedule document required under subsection (a) shall be included in the future-years nuclear security program for fiscal year 2025 and each subsequent fiscal year. “(c) Covered Construction Project .— In this section, the term ‘covered construction project’ means— “(1) a construction project that is subject to Department of Energy Order 413.3B, or a successor order; or “(2) a program designated as Enhanced Management A or B under the Program Execution Instruction of the Office of Defense Programs of the National Nuclear Security Administration.”
Pub. L. 108–136, div. C, title XXXI, § 3114, Nov. 24, 2003, 117 Stat. 1744, as amended by Pub. L. 108–375, div. C, title XXXI, § 3113(a), Oct. 28, 2004, 118 Stat. 2160; Pub. L. 109–364, div. C, title XXXI, § 3112, Oct. 17, 2006, 120 Stat. 2503, provided that:
“(a) Inclusion of Projects in Facilities and Infrastructure Recapitalization Program .— (1) The Administrator for Nuclear Security shall complete the selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program of the National Nuclear Security Administration not later than December 31, 2004 . “(2) Except as provided in paragraph (3), no project may be included in the Facilities and Infrastructure Recapitalization Program after December 31, 2004 , unless such project has been selected for inclusion in that program as of that date. “(3) (A) Subject to the provisions of this paragraph, a project described in subparagraph (B) may be carried out under the Facilities and Infrastructure Recapitalization Program after December 31, 2004 , if the Administrator approves the project. The Administrator may not delegate the authority to approve projects under the preceding sentence. “(B) A project described in this subparagraph is a project that consists of a specific building, facility, or other improvement (including fences, roads, or similar improvements). “(C) Funds may not be obligated or expended for a project under this paragraph until 60 days after the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a notice on the project, including a description of the project and the nature of the project, a statement explaining why the project was not included in the Facilities and Infrastructure Recapitalization Program under paragraph (1), and a statement explaining why the project was not included in any other program under the jurisdiction of the Administrator. “(D) The total number of projects that may be carried out under this paragraph in any fiscal year may not exceed five projects. “(E) The Administrator may not utilize the authority in this paragraph until 60 days after the later of— “(i) the date of the submittal to the congressional defense committees of a list of the projects selected for inclusion in the Facilities and Infrastructure Recapitalization Program under paragraph (1); or “(ii) the date of the submittal to the congressional defense committees of the report required by subsection (c). “(F) A project may not be carried out under this paragraph unless the project will be completed by September 30, 2013 . “(b) Termination of Facilities and Infrastructure Recapitalization Program .— The Administrator shall terminate the Facilities and Infrastructure Recapitalization Program not later than September 30, 2013 . “(c) Readiness in Technical Base and Facilities Program .— (1) Not later than September 30, 2004 , the Administrator shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report setting forth guidelines on the conduct of the Readiness in Technical Base and Facilities program of the National Nuclear Security Administration. “(2) Such guidelines shall include the following: “(A) Criteria for the inclusion of projects in the program, and for establishing priorities among projects included in the program. “(B) Mechanisms for the management of facilities under the program, including maintenance activities referred to in subparagraph (C). “(C) A description of the scope of maintenance activities under the program, including recurring maintenance, construction of facilities, recapitalization of facilities, and decontamination and decommissioning of facilities. “(3) Such guidelines shall ensure that the maintenance activities referred to in paragraph (2)(C) are carried out in a timely and efficient manner designed to avoid maintenance backlogs. “(d) Operations of Facilities Program .— (1) The Administrator shall continue the Operations of Facilities program of the National Nuclear Security Administration as a subprogram within the Readiness in Technical Base and Facilities program. “(2) The Deputy Administrator for Defense Programs shall designate a single manager to be responsible for overseeing the operations of the Operations of Facilities subprogram within the Readiness in Technical Base and Facilities program. “(3) For fiscal year 2005, and for each fiscal year thereafter, the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives], together with the budget justification materials submitted to Congress in support of the National Nuclear Security Administration budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31 , United States Code), a separate statement of the amounts requested for such fiscal year for each element of the Operations of Facilities subprogram, as follows: “(A) Maintenance. “(B) Facilities management and support. “(C) Utilities. “(D) Environment, safety, and health. “(E) Each other element of the subprogram.”
[Pub. L. 108–375, div. C, title XXXI, § 3113(b), Oct. 28, 2004, 118 Stat. 2161, provided that:
“The amendments made by subsection (a) [amending section 3114 of Pub. L. 108–136 , set out above] may not be construed to authorize any delay in either of the following: [“(1) The selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program under subsection (a) of section 3114 of the National Defense Authorization Act for Fiscal Year 2004 [ Pub. L. 108–136 , set out above]. [“(2) The submittal of the report required by subsection (c) of such section.”
]
The Administrator shall submit to the Committees on Armed Services of the Senate and the House of Representatives a semiannual report on the amounts available for the defense nuclear nonproliferation programs of the Administration. Each such report shall cover a half of a fiscal year (in this section referred to as a “fiscal half”) and shall be submitted not later than 30 days after the end of that fiscal half.
Each report for a fiscal half shall, for each such defense nuclear nonproliferation program for which amounts are available for the fiscal year that includes that fiscal half, set forth the following:
The aggregate amount available for such program as of the beginning of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances.
The aggregate amount newly made available for such program during such fiscal half and, within such amount, the amount made available by appropriations, by transfers, by reprogrammings, and by other means.
The aggregate amount available for such program as of the end of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances.
Pub. L. 108–136, div. C, title XXXI, § 3121(b), Nov. 24, 2003, 117 Stat. 1747, provided that:
“The first report required to be submitted by section 3254 of the National Nuclear Security Administration Act (as added by subsection (a) [this section]) shall be the report covering the first half of fiscal year 2004.”
[Repealed]
Subject to the notification requirement under subsection (b), not more than 10 percent of the total amounts appropriated or otherwise made available in any fiscal year for the nonproliferation programs of the Department of Energy National Nuclear Security Administration may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B).
The Secretary of Energy, with the concurrence of the Secretary of State and the Secretary of Defense, may make a written determination that—
threats arising from the proliferation of nuclear or radiological weapons or weapons-related materials, technologies, and expertise must be addressed urgently;
certain provisions of law would unnecessarily impede the Secretary’s ability to carry out nonproliferation activities of the National Nuclear Security Administration to address such threats; and
it is necessary to expend amounts described in subsection (a) to carry out such activities.
Not later than 15 days before obligating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appropriate congressional committees of the determination made under paragraph (1). The notice shall include—
the determination;
the activities to be undertaken by the nonproliferation programs of the National Nuclear Security Administration;
the expected time frame for such activities; and
the expected costs of such activities.
In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
SUBCHAPTER V— MISCELLANEOUS PROVISIONS
The Administrator shall ensure that the Administration complies with all applicable environmental, safety, and health statutes and substantive requirements.
The Administrator shall develop procedures for meeting such requirements.
Nothing in this chapter shall diminish the authority of the Secretary of Energy to ascertain and ensure that such compliance occurs.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
The Administrator shall establish procedures to ensure that the mission and programs of the Administration are executed in full compliance with all applicable provisions of the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41 .
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
The Administrator shall, in cooperation with the Secretary of Defense, establish procedures and programs to provide for the sharing of technology, technical capability, and expertise between the Administration and the Department of Defense to further national security objectives.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
The Secretary of Energy, in consultation with the Administrator, shall establish appropriate procedures to provide for the cost-reimbursable use, in a manner consistent with the national security mission of the Administration under section 2401(b) of this title , of the capabilities of the national security laboratories by elements of the Department of Energy not within the Administration, other Federal agencies, and other appropriate entities, including the use of those capabilities to support efforts to defend against weapons of mass destruction.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
Pub. L. 114–92, div. C, title XXXI, § 3120, Nov. 25, 2015, 129 Stat. 1198, provided that:
“(a) In General .— The Secretary of Energy, in consultation with the directors of the national security laboratories, may establish a microlab pilot program under which the Secretary establishes a microlab for the purposes of— “(1) enhancing collaboration with regional research groups, such as institutions of higher education and industry groups; “(2) accelerating technology transfer from national security laboratories to the marketplace; and “(3) promoting regional workforce development through science, technology, engineering, and mathematics instruction and training. “(b) Criteria.— “(1) In general .— In determining the placement of a microlab under subsection (a), the Secretary shall consider— “(A) the interest of a national security laboratory in establishing a microlab; “(B) the existence of an available facility that has the capability to house a microlab; “(C) whether employees of a national security laboratory and persons from academia, industry, and government are available to be assigned to the microlab; and “(D) cost-sharing or in-kind contributions from State and local governments and private industry. “(2) Cost-sharing .— The Secretary shall, to the extent feasible, require cost-sharing or in-kind contributions described in paragraph (1)(D) to cover the full cost of the microlab under subsection (a). “(c) Timing .— If the Secretary, in consultation with the directors of the national security laboratories, elects to establish a microlab pilot program under this section, the Secretary, in collaboration with such directors, shall— “(1) not later than 180 days after the date of the enactment of this Act [ Nov. 25, 2015 ], begin the process of determining the placement of the microlab under subsection (a); and “(2) not later than one year after such date of enactment, implement the microlab pilot program under this section. “(d) Reports Required .— If the Secretary, in consultation with the directors of the national security laboratories, elects to establish a microlab pilot program under this section, the Secretary shall submit to the appropriate congressional committees— “(1) not later than 120 days after the date of the implementation of the program, a report that provides an update on the implementation of the program; and “(2) not later than one year after the date of the implementation of the program, a report on the program, including findings and recommendations of the Secretary with respect to the program. “(e) Definitions .— In this section: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and “(B) the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Energy and Commerce of the House of Representatives. “(2) Microlab .— The term ‘microlab’ means a facility that is— “(A) in close proximity to, but outside the perimeter of, a national security laboratory; “(B) an extension of or affiliated with a national security laboratory; and “(C) accessible to the public. “(3) National security laboratory .— The term ‘national security laboratory’ has the meaning given that term in section 3281 of the National Nuclear Security Administration Act ( 50 U.S.C. 2471 ).”
The Administrator for Nuclear Security shall encourage cooperative research and development activities at the national security laboratories (as defined in section 2471 of this title ) that lead to the creation of new private-sector employment opportunities.
Not later than January 31 of each year from 2012 through 2017, the Administrator shall submit to Congress a report detailing the number of new private-sector employment opportunities created as a result of the previous years’ cooperative research and development activities at each national security laboratory.
Subject to the limitation in subsection (b), funds authorized to be appropriated for the Administration for the purchase of real property may be expended to purchase options for the purchase of real property.
The price of any option purchased pursuant to subsection (a) may not exceed the minor construction threshold (as defined in section 2741 of this title ).
Not later than 14 days after the date an option is purchased pursuant to subsection (a), the Administrator shall submit to the congressional defense committees—
a notification of such purchase; and
a summary of the rationale for such purchase.
SUBCHAPTER VI— DEFINITIONS
For purposes of this chapter:
The term “national security laboratory” means any of the following:
Los Alamos National Laboratory, Los Alamos, New Mexico.
Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.
Lawrence Livermore National Laboratory, Livermore, California.
The term “nuclear weapons production facility” means any of the following:
The Kansas City National Security Campus, Kansas City, Missouri.
The Pantex Plant, Amarillo, Texas.
The Y–12 National Security Complex, Oak Ridge, Tennessee.
The Savannah River Site, Aiken, South Carolina.
The Nevada National Security Site, Nevada.
Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.
The term “classified information” means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 ([former] 50 U.S.C. 401 note) [now 50 U.S.C. 3001 note], Executive Order No. 12958 of April 17, 1995 ([former] 50 U.S.C. 435 note), or successor orders, to require protection against unauthorized disclosure and that is so designated.
The term “Restricted Data” has the meaning given such term in section 2014(y) of title 42.
The term “congressional defense committees” means—
the Committee on Armed Services and the Committee on Appropriations of the Senate; and
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
The term “nuclear security enterprise” means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
SUBCHAPTER VII— TRANSITION PROVISIONS
There are hereby transferred to the Administrator all national security functions and activities performed immediately before October 5, 1999, by the following elements of the Department of Energy:
The Office of Defense Programs.
The Office of Nonproliferation and National Security.
The Office of Fissile Materials Disposition.
The nuclear weapons production facilities.
The national security laboratories.
The Office of Naval Reactors.
The Secretary of Energy may transfer to the Administrator any other facility, mission, or function that the Secretary, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.
In the case of any environmental remediation and waste management activity of any element of the Administration, the Secretary of Energy may determine to transfer responsibility for that activity to another element of the Department.
Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall—
be credited to any applicable appropriation account of the Administration; or
be credited to a new account that may be established on the books of the Department of the Treasury;
and shall be merged with the funds already credited to that account and accounted for as one fund.
Balances of appropriations credited to an account under paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred.
With respect to any function, power, or duty or activity of the Department of Energy that is transferred to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary of Energy determines are needed to perform that function, power, or duty, or for that activity, as the case may be, shall be transferred to the Administration.
The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees so transferred.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
Pub. L. 112–239, div. C, title XXXI, § 3132(b)(3), Jan. 2, 2013, 126 Stat. 2186, provided that:
“Nothing in section 3291 of the National Nuclear Security Administration Act ( 50 U.S.C. 2481 ), as amended by paragraph (1), may be construed to affect any function or activity transferred by the Secretary of Energy to the Administrator for Nuclear Security before the date of the enactment of this Act [ Jan. 2, 2013 ].”
For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
[Repealed]
With respect to any facility, mission, or function of the Department of Energy that the Secretary of Energy transfers to the Administrator under section 2481 of this title , unless otherwise provided in this chapter, all provisions of law and regulations in effect immediately before the date of the transfer that are applicable to such facility, mission, or function shall continue to apply to the corresponding functions of the Administration.
Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
CHAPTER 42— ATOMIC ENERGY DEFENSE PROVISIONS
[Repealed]
Pub. L. 107–314, div. D, § 4001(a), formerly div. C, title XXXVI, § 3601, Dec. 2, 2002, 116 Stat. 2756, renumbered div. D, § 4001, and amended by Pub. L. 108–136, div. C, title XXXI, § 3141(c)(1)(A)–(D)(ii), Nov. 24, 2003, 117 Stat. 1753, which provided that div. D of Pub. L. 107–314, which had enacted this chapter, could be cited as the “Atomic Energy Defense Act”, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(1), Dec. 18, 2025, 139 Stat. 1458. See, generally, subpart B (§ 6101 et seq.) of part VI of subtitle A of Title 10, Armed Forces.
SUBCHAPTER I— ORGANIZATIONAL MATTERS
[Repealed]
Pub. L. 116–283, div. C, title XXXI, § 3113, Jan. 1, 2021, 134 Stat. 4378, as amended by Pub. L. 117–81, div. C, title XXXI, § 3135, Dec. 27, 2021, 135 Stat. 2231, which related to monitoring the industrial base that supports the nuclear weapons components, subsystems, and materials of the Administration, including required consultations and briefings, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(8), Dec. 18, 2025, 139 Stat. 1459. See section 6104 of Title 10, Armed Forces.
Pub. L. 114–328, div. C, title XXXI, § 3113, Dec. 23, 2016, 130 Stat. 2757, as amended by Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(E), Dec. 18, 2025, 139 Stat. 1460, which related to implementation of a common financial reporting system for the nuclear security enterprise, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(9), Dec. 18, 2025, 139 Stat. 1459. See Section 6105 of Title 10, Armed Forces.
Pub. L. 114–92, div. C, title XXXI, § 3137, Nov. 25, 2015, 129 Stat. 1213, which was set out as a note under section 2512 of this title and related to development of an implementation plan to reform the governance and management of the nuclear security enterprise, was transferred and is set out as a note under section 6103 of Title 10, Armed Forces.
Pub. L. 113–66, div. C, title XXXI, § 3141, Dec. 26, 2013, 127 Stat. 1069, which related to continued authority of the Secretary of Energy to carry out certain activities or to delegate authority, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(2), Dec. 18, 2025, 139 Stat. 1458.
[Repealed]
SUBCHAPTER II— NUCLEAR WEAPONS STOCKPILE MATTERS
Part A— Stockpile Stewardship and Weapons Production
[Repealed]
Pub. L. 117–81, div. C, title XXXI, § 3121, Dec. 27, 2021, 135 Stat. 2228, as amended by Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(G), Dec. 18, 2025, 139 Stat. 1460, which required development and implementation of a portfolio management framework for the National Nuclear Security Administration, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(10), Dec. 18, 2025, 139 Stat. 1459. See section 6112 of Title 10, Armed Forces.
Pub. L. 115–91, div. C, title XXXI, § 3118, Dec. 12, 2017, 131 Stat. 1890, required the Administrator for Nuclear Security, in coordination with the Chairman of the Nuclear Weapons Council, to carry out a design competition for a nuclear warhead that could be employed on ballistic missiles of the United States by 2030, with a plan for the competition to be developed during fiscal year 2018 and implemented during fiscal year 2019.
Pub. L. 113–66, div. C, title XXXI, § 3129, Dec. 26, 2013, 127 Stat. 1066, which required development of a plan to develop exascale computing and incorporate such computing into the stockpile stewardship program, was transferred and is set out as a note under section 6111 of Title 10, Armed Forces.
Pub. L. 111–84, div. A, title XII, § 1251, Oct. 28, 2009, 123 Stat. 2549, which was set out as a note under section 2523 of this title and required a report on the plan for the nuclear weapons stockpile, nuclear weapons complex, and delivery platforms, was transferred and is set out as a note under section 6114 of Title 10, Armed Forces.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Pub. L. 115–232, div. C, title XXXI, § 3111(a), Aug. 13, 2018, 132 Stat. 2289, which authorized the Secretary of Energy to carry out engineering development and subsequent phases to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles, was transferred and is set out as a note under section 6120 of Title 10, Armed Forces.
Pub. L. 108–136, div. C, title XXXI, § 3116(c), Nov. 24, 2003, 117 Stat. 1746, as amended by Pub. L. 115–232, div. C, title XXXI, § 3111(b), Aug. 13, 2018, 132 Stat. 2289, which prohibited commencement of engineering development or subsequent phases of of a low-yield nuclear weapon without a specific funding request, was transferred and is set out as a note under section 6120 of Title 10, Armed Forces.
[Repealed]
[Repealed]
Pub. L. 117–263, div. C, title XXXI, § 3121, Dec. 23, 2022, 136 Stat. 3056, as amended by Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(J), Dec. 18, 2025, 139 Stat. 1461, which required the nuclear security enterprise to accelerate the modernization of manufacturing processes for depleted uranium by 2030, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(11), Dec. 18, 2025, 139 Stat. 1459. See section 6123 of Title 10, Armed Forces.
[Repealed]
[Repealed]
Pub. L. 112–239, div. C, title XXXI, § 3114(c)–(e), Jan. 2, 2013, 126 Stat. 2171, 2172, as amended by Pub. L. 113–66, div. C, title XXXI, § 3117, Dec. 26, 2013, 127 Stat. 1058, which set out a limitation on the use of funds for an alternative plutonium strategy and required a study of the replacement project for the Chemistry and Metallurgy Research Building to be submitted no later than 18 months after Jan. 2, 2013, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(21), Dec. 18, 2025, 139 Stat. 1459.
[Repealed]
[Repealed]
Pub. L. 118–159, div. C, title XXXI, § 3125, Dec. 23, 2024, 138 Stat. 2302, which was set out as a note under section 2538 of this title and required congressional notification of certain regulations that could negatively impact the National Nuclear Security Administration, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(12), Dec. 18, 2025, 139 Stat. 1459. See section 6127 of Title 10, Armed Forces.
Pub. L. 118–31, div. C, title XXXI, § 3133, Dec. 22, 2023, 137 Stat. 804, which was set out as a note under section 2538c of this title and required submission of a report with a plan to establish a domestic enrichment capability sufficient to meet defense requirements for enriched uranium and annual certifications, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(13), Dec. 18, 2025, 139 Stat. 1459. See section 6133 of Title 10, Armed Forces.
Pub. L. 117–263, div. C, title XXXI, § 3124, Dec. 23, 2022, 136 Stat. 3057, which was set out as a note under section 2538a of this title and related to completion of milestones with respect to plutonium pit aging and certification of completion, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(11), Dec. 18, 2025, 139 Stat. 1459. See section 6129 of Title 10, Armed Forces.
Pub. L. 117–263, div. C, title XXXI, § 3126, Dec. 23, 2022, 136 Stat. 3058, as amended by Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(K), Dec. 18, 2025, 139 Stat. 1461, which was set out as a note under section 2538a of this title and authorized workforce development and training partnership programs within the National Nuclear Security Administration, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(11), Dec. 18, 2025, 139 Stat. 1459. See section 6130 of Title 10, Armed Forces.
Part B— Tritium
[Repealed]
[Repealed]
[Repealed]
[Repealed]
SUBCHAPTER III— PROLIFERATION MATTERS
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Pub. L. 113–291, div. C, title XXXI, § 3122(b), Dec. 19, 2014, 128 Stat. 3894, which required completion of material protection, control, and accounting activities in the Russian Federation no later than fiscal year 2018, with an exception, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(14), Dec. 18, 2025, 139 Stat. 1459. See section 6152 of Title 10, Armed Forces.
[Repealed]
[Repealed]
Pub. L. 115–232, div. C, title XXXI, § 3141, Aug. 13, 2018, 132 Stat. 2303, which related to programs designed to eliminate the use of blood irradiation devices in the United States that rely on cesium chloride by Dec. 31, 2027, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(15), Dec. 18, 2025, 139 Stat. 1459. See section 6156 of Title 10, Armed Forces.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
SUBCHAPTER IV— DEFENSE ENVIRONMENTAL CLEANUP MATTERS
Part A— Defense Environmental Cleanup
[Repealed]
Pub. L. 116–283, div. C, title XXXI, § 3123, Jan. 1, 2021, 134 Stat. 4381, which required establishment of requirements for the classification of defense environmental cleanup projects as capital asset projects or operations activities and required a report no later than Mar. 1, 2021, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(8), Dec. 18, 2025, 139 Stat. 1459. See section 6172 of Title 10, Armed Forces.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Part B— Closure of Facilities
[Repealed]
[Repealed]
Pub. L. 108–375, div. C, title XXXI, § 3116, Oct. 28, 2004, 118 Stat. 2162, as amended by Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(L), Dec. 18, 2025, 139 Stat. 1461, which related to definition of high-level radioactive waste and monitoring by Nuclear Regulatory Commission of disposal actions, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(16), Dec. 18, 2025, 139 Stat. 1459. See section 6192 of Title 10, Armed Forces.
Pub. L. 108–199, div. H, § 127, Jan. 23, 2004, 118 Stat. 440, which prohibited obligation of funds to pay certain expenses related to closure or post-closure care and monitoring of Sandia National Laboratories, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(17), Dec. 18, 2025, 139 Stat. 1459. See section 6193 of Title 10, Armed Forces.
Part C— Hanford Reservation, Washington
[Repealed]
[Repealed]
[Repealed]
Part D— Savannah River Site, South Carolina
[Repealed]
[Repealed]
[Repealed]
SUBCHAPTER V— SAFEGUARDS AND SECURITY MATTERS
Part A— Safeguards and Security
[Repealed]
Pub. L. 115–232, div. C, title XXXI, § 3121, Aug. 13, 2018, 132 Stat. 2295, as amended by Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(M), Dec. 18, 2025, 139 Stat. 1461, which was set out as a note under section 2652 of this title and established a pilot program to assess the feasibility and advisability of conducting certain background reviews, was transferred and is set out as a note under section 6222 of Title 10, Armed Forces.
[Repealed]
Pub. L. 107–314, div. D, title XLV, § 4504(c), formerly Pub. L. 107–107, div. C, title XXXI, § 3152(c), Dec. 28, 2001, 115 Stat. 1377, renumbered Pub. L. 107–314, div. D, title XLV, § 4504(c), and amended Pub. L. 108–136, div. C, title XXXI, § 3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772, which provided that the repeal of this section was effective 30 days after submission of certification that the final rule for the new counterintelligence polygraph program required by section 2654(a) of this title had been fully implemented, which occurred Oct. 31, 2006, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(1), Dec. 18, 2025, 139 Stat. 1458.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Part B— Classified Information
[Repealed]
SUBCHAPTER VI— PERSONNEL MATTERS
Part A— Personnel Management
[Repealed]
[Repealed]
[Repealed]
Part B— Education and Training
[Repealed]
Part C— Worker Safety
[Repealed]
SUBCHAPTER VII— BUDGET AND FINANCIAL MANAGEMENT MATTERS
Part A— Recurring National Security Authorization Provisions
[Repealed]
[Repealed]
[Repealed]
Pub. L. 114–92, div. C, title XXXI, § 3117, Nov. 25, 2015, 129 Stat. 1195, which was set out as a note under section 2754 of this title and required the Secretary of Energy to ensure that analyses of alternatives were conducted in accordance with best practices for capital asset projects and life extension programs of the National Nuclear Security Administration and capital asset projects relating to defense environmental management, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(18), Dec. 18, 2025, 139 Stat. 1459. See section 6286 of Title 10, Armed Forces.
Part B— Penalties
[Repealed]
Part C— Other Matters
[Repealed]
[Repealed]
SUBCHAPTER VIII— ADMINISTRATIVE MATTERS
Part A— Contracts
[Repealed]
Part B— Research and Development
[Repealed]
Pub. L. 114–328, div. C, title XXXI, § 3119, Dec. 23, 2016, 130 Stat. 2763, as amended by Pub. L. 116–92, div. C, title XXXI, § 3118, Dec. 20, 2019, 133 Stat. 1952; Pub. L. 116–283, div. C, title XXXI, § 3162, Jan. 1, 2021, 134 Stat. 4391, which established a pilot program under which each national security laboratory was prohibited from using certain funds to cover costs of general and administrative overhead for the laboratory, was repealed by Pub. L. 117–263, div. C, title XXXI, § 3116(b), Dec. 23, 2022, 136 Stat. 3054. See section 2792(c) of this title.
[Repealed]
Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 111–85, title III, § 307, Oct. 28, 2009, 123 Stat. 2872.
Pub. L. 110–161, div. C, title III, § 309, Dec. 26, 2007, 121 Stat. 1968.
Pub. L. 109–103, title III, § 311, Nov. 19, 2005, 119 Stat. 2280.
Pub. L. 113–76, div. D, title III, § 309, Jan. 17, 2014, 128 Stat. 175, which authorized funding for laboratory directed research and development at Government-owned, contractor-operated laboratories, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(19), Dec. 18, 2025, 139 Stat. 1459. See section 6333 of Title 10, Armed Forces.
[Repealed]
[Repealed]
Part C— Facilities Management
[Repealed]
Pub. L. 108–447, div. C, title III, § 308, Dec. 8, 2004, 118 Stat. 2959, which was set out as a note under section 2812 of this title and authorized engagement in research, development, and demonstration activities at certain nuclear weapons facilities, was repealed by Pub. L. 119–60, div. C, title XXXI, § 3111(b)(20), Dec. 18, 2025, 139 Stat. 1459. See section 6353 of Title 10, Armed Forces.
[Repealed]
[Repealed]
Part D— Other Matters
[Repealed]
[Repealed]
CHAPTER 43— PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
The 9/11 Commission has made the following recommendations:
The United States should work with the international community to develop laws and an international legal regime with universal jurisdiction to enable any state in the world to capture, interdict, and prosecute smugglers of nuclear material.
In carrying out the Proliferation Security Initiative, the United States should—
use intelligence and planning resources of the North Atlantic Treaty Organization (NATO) alliance;
make participation open to non-NATO countries; and
encourage Russia and the People’s Republic of China to participate.
The United States should expand, improve, increase resources for, and otherwise fully support the Cooperative Threat Reduction program.
In this chapter:
The terms “prevention of weapons of mass destruction proliferation and terrorism” and “prevention of WMD proliferation and terrorism” include activities under—
the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note); 1
the programs for which appropriations are authorized by section 3101(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2729);
a program of any agency of the Federal Government having a purpose similar to that of any of the programs identified in subparagraphs (A) through (C), as designated by the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism and the head of the agency.
The terms “weapons of mass destruction” and “WMD” mean chemical, biological, and nuclear weapons, and chemical, biological, and nuclear materials used in the manufacture of such weapons.
The term “items of proliferation concern” means—
equipment, materials, or technology listed in—
the Trigger List of the Guidelines for Nuclear Transfers of the Nuclear Suppliers Group;
the Annex of the Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology of the Nuclear Suppliers Group; or
any of the Common Control Lists of the Australia Group; and
any other sensitive items.
SUBCHAPTER I— PROLIFERATION SECURITY INITIATIVE
It is the sense of Congress, consistent with the 9/11 Commission’s recommendations, that the President should strive to expand and strengthen the Proliferation Security Initiative (in this subchapter referred to as “PSI”) announced by the President on May 31, 2003, with a particular emphasis on the following:
Issuing a presidential directive to the relevant United States Government agencies and departments that directs such agencies and departments to—
establish clear PSI authorities, responsibilities, and structures;
include in the budget request for each such agency or department for each fiscal year, a request for funds necessary for United States PSI-related activities; and
provide other necessary resources to achieve more efficient and effective performance of United States PSI-related activities.
Increasing PSI cooperation with all countries.
Implementing the recommendations of the Government Accountability Office (GAO) in the September 2006 report titled “Better Controls Needed to Plan and Manage Proliferation Security Initiative Activities” (GAO–06–937C) regarding the following:
The Department of Defense and the Department of State should establish clear PSI roles and responsibilities, policies and procedures, interagency communication mechanisms, documentation requirements, and indicators to measure program results.
The Department of Defense and the Department of State should develop a strategy to work with PSI-participating countries to resolve issues that are impediments to conducting successful PSI interdictions.
Establishing a multilateral mechanism to increase coordination, cooperation, and compliance among PSI-participating countries.
Each fiscal year in which activities are planned to be carried out under the PSI, the President shall include in the budget request for each participating United States Government agency or department for that fiscal year, a description of the funding and the activities for which the funding is requested for each such agency or department.
Not later than 180 days after August 3, 2007, the President shall transmit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on the implementation of this section. The report shall include—
the steps taken to implement the recommendations described in paragraph (3) of subsection (a); and
the progress made toward implementing the matters described in paragraphs (1), (2), and (4) of subsection (a).
The Government Accountability Office shall submit to Congress, for each of fiscal years 2007, 2009, and 2011, a report with its assessment of the progress and effectiveness of the PSI, which shall include an assessment of the measures referred to in subsection (a).
Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment by section 1076(a)(20)(B) is effective Dec. 31, 2011, as if included in Pub. L. 112–81 as enacted.
Memorandum of President of the United States, Mar. 28, 2008, 73 F.R. 19957, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 1821(c) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53).
In the performance of your responsibility under this memorandum, you shall, as appropriate, consult the heads of other departments and agencies.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
The President is authorized to provide assistance under subsection (b) to any country that cooperates with the United States and with other countries allied with the United States to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace or in vessels under its control or registry.
The assistance authorized under subsection (a) consists of the following:
Assistance under section 2763 of title 22.
Assistance under chapters 4 (22 U.S.C. 2346 et seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance Act of 1961.
Drawdown of defense 1 excess defense articles and services under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
Assistance authorized under this section may not be provided until at least 30 days after the date on which the President has provided notice thereof to the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate, in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1(a) ), and has certified to such committees that such assistance will be used in accordance with the requirement of subsection (e) of this section.
Assistance may be provided to a country under subsection (a) in no more than 3 fiscal years.
Assistance provided under this section shall be used to enhance the capability of the recipient country to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace, or in vessels under its control or registry, including through the development of a legal framework in that country to enhance such capability by criminalizing proliferation, enacting strict export controls, and securing sensitive materials within its borders, and to enhance the ability of the recipient country to cooperate in PSI operations.
Except as provided in paragraph (2), the President may not transfer any excess defense article that is a vessel or an aircraft to a country that has not agreed, in connection with such transfer, that it will support and assist efforts by the United States, consistent with international law, to interdict items of proliferation concern until 30 days after the date on which the President has provided notice of the proposed transfer to the committees described in subsection (c) in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1(a) ), in addition to any other requirement of law.
The limitation in paragraph (1) shall not apply to any transfer, not involving significant military equipment, in which the primary use of the aircraft or vessel will be for counternarcotics, counterterrorism, or counter-proliferation purposes.
SUBCHAPTER II— ASSISTANCE TO ACCELERATE PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
It shall be the policy of the United States, consistent with the 9/11 Commission’s recommendations, to eliminate any obstacles to timely obligating and executing the full amount of any appropriated funds for threat reduction and nonproliferation programs in order to accelerate and strengthen progress on preventing weapons of mass destruction (WMD) proliferation and terrorism. Such policy shall be implemented with concrete measures, such as those described in this chapter, including the removal and modification of statutory limits to executing funds, the expansion and strengthening of the Proliferation Security Initiative, the establishment of the Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism under subchapter III, and the establishment of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism under subtitle E. 1 1 See References in Text below. As a result, Congress intends that any funds authorized to be appropriated to programs for preventing WMD proliferation and terrorism under this subchapter will be executed in a timely manner.
Subject to paragraph (2), there are authorized to be appropriated to the Department of Defense Cooperative Threat Reduction Program such sums as may be necessary for fiscal year 2008 for the following purposes:
Chemical weapons destruction at Shchuch’ye, Russia.
Biological weapons proliferation prevention.
Acceleration, expansion, and strengthening of Cooperative Threat Reduction Program activities.
The sums appropriated pursuant to paragraph (1) may not exceed the amounts authorized to be appropriated by any national defense authorization Act for fiscal year 2008 (whether enacted before or after August 3, 2007 ) to the Department of Defense Cooperative Threat Reduction Program for such purposes.
It is the sense of Congress that in fiscal year 2008 and future fiscal years, the President should accelerate and expand funding for Cooperative Threat Reduction programs administered by the Department of Defense and such efforts should include, beginning upon August 3, 2007 , encouraging additional commitments by the Russian Federation and other partner nations, as recommended by the 9/11 Commission.
Subject to subsection (b), there are authorized to be appropriated to Department of Energy National Nuclear Security Administration Defense Nuclear Nonproliferation such sums as may be necessary for fiscal year 2008 to accelerate, expand, and strengthen the following programs to prevent weapons of mass destruction (WMD) proliferation and terrorism:
The Global Threat Reduction Initiative.
The Nonproliferation and International Security program.
The International Materials Protection, Control and Accounting program.
The Nonproliferation and Verification Research and Development program.
The sums appropriated pursuant to subsection (a) may not exceed the amounts authorized to be appropriated by any national defense authorization Act for fiscal year 2008 (whether enacted before or after August 3, 2007 ) to Department of Energy National Nuclear Security Administration Defense Nuclear Nonproliferation for such purposes.
SUBCHAPTER III— OFFICE OF THE UNITED STATES COORDINATOR FOR THE PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
There is established within the Executive Office of the President an office to be known as the “Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism” (in this section referred to as the “Office”).
The head of the Office shall be the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism (in this section referred to as the “Coordinator”).
There shall be a Deputy United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism (in this section referred to as the “Deputy Coordinator”), who shall—
assist the Coordinator in carrying out the responsibilities of the Coordinator under this subchapter; and
serve as Acting Coordinator in the absence of the Coordinator and during any vacancy in the office of Coordinator.
The Coordinator and Deputy Coordinator shall be appointed by the President, by and with the advice and consent of the Senate, and shall be responsible on a full-time basis for the duties and responsibilities described in this section.
No person shall serve as Coordinator or Deputy Coordinator while serving in any other position in the Federal Government.
The establishment of the Office of the Coordinator within the Executive Office of the President shall not be construed as affecting access by the Congress or committees of either House to—
information, documents, and studies in the possession of, or conducted by or at the direction of, the Coordinator; or
personnel of the Office of the Coordinator.
The responsibilities of the Coordinator shall include the following:
Serving as the principal advisor to the President on all matters relating to the prevention of weapons of mass destruction (WMD) proliferation and terrorism.
Formulating a comprehensive and well-coordinated United States strategy and policies for preventing WMD proliferation and terrorism, including—
measurable milestones and targets to which departments and agencies can be held accountable;
identification of gaps, duplication, and other inefficiencies in existing activities, initiatives, and programs and the steps necessary to overcome these obstacles;
plans for preserving the nuclear security investment the United States has made in Russia, the former Soviet Union, and other countries;
prioritized plans to accelerate, strengthen, and expand the scope of existing initiatives and programs, which include identification of vulnerable sites and material and the corresponding actions necessary to eliminate such vulnerabilities;
new and innovative initiatives and programs to address emerging challenges and strengthen United States capabilities, including programs to attract and retain top scientists and engineers and strengthen the capabilities of United States national laboratories;
plans to coordinate United States activities, initiatives, and programs relating to the prevention of WMD proliferation and terrorism, including those of the Department of Energy, the Department of Defense, the Department of State, and the Department of Homeland Security, and including the Proliferation Security Initiative, the G–8 Global Partnership Against the Spread of Weapons and Materials of Mass Destruction, United Nations Security Council Resolution 1540, and the Global Initiative to Combat Nuclear Terrorism;
plans to strengthen United States commitments to international regimes and significantly improve cooperation with other countries relating to the prevention of WMD proliferation and terrorism, with particular emphasis on work with the international community to develop laws and an international legal regime with universal jurisdiction to enable any state in the world to interdict and prosecute smugglers of WMD material, as recommended by the 9/11 Commission; and
identification of actions necessary to implement the recommendations of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism established under subtitle E of this title.1
Leading inter-agency coordination of United States efforts to implement the strategy and policies described in this section.
Conducting oversight and evaluation of accelerated and strengthened implementation of initiatives and programs to prevent WMD proliferation and terrorism by relevant government departments and agencies.
Overseeing the development of a comprehensive and coordinated budget for programs and initiatives to prevent WMD proliferation and terrorism, ensuring that such budget adequately reflects the priority of the challenges and is effectively executed, and carrying out other appropriate budgetary authorities.
The Coordinator may—
appoint, employ, fix compensation, and terminate such personnel as may be necessary to enable the Coordinator to perform his or her duties under this chapter;
direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency, in order to implement United States policy with regard to the prevention of WMD proliferation and terrorism;
use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;
procure the services of experts and consultants in accordance with section 3109 of title 5, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5; and
use the mails in the same manner as any other department or agency of the executive branch.
The Office and the Coordinator shall regularly consult with and strive to implement the recommendations of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism, established under subtitle E of this title. 1
For fiscal year 2009 and each fiscal year thereafter, the Coordinator shall submit to Congress, at the same time as the submission of the budget for that fiscal year under title 31, a report on the strategy and policies developed pursuant to subsection (c)(2), together with any recommendations of the Coordinator for legislative changes that the Coordinator considers appropriate with respect to such strategy and policies and their implementation or the Office of the Coordinator.
It is the sense of the Congress that, as soon as practical, the President should engage the President of the Russian Federation in a discussion of the purposes and goals for the establishment of the Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism (in this section referred to as the “Office”), the authorities and responsibilities of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism (in this section referred to as the “United States Coordinator”), and the importance of strong cooperation between the United States Coordinator and a senior official of the Russian Federation having authorities and responsibilities for preventing weapons of mass destruction proliferation and terrorism commensurate with those of the United States Coordinator, and with whom the United States Coordinator should coordinate planning and implementation of activities within and outside of the Russian Federation having the purpose of preventing weapons of mass destruction proliferation and terrorism.
CHAPTER 44— NATIONAL SECURITY
This chapter may be cited as the “National Security Act of 1947”.
Pub. L. 108–458, title I, § 1081, Dec. 17, 2004, 118 Stat. 3696, provided that:
“(a) Director of Central Intelligence as Head of Intelligence Community .— Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of National Intelligence. “(b) Director of Central Intelligence as Head of CIA.— Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency. “(c) Community Management Staff .— Any reference to the Community Management Staff in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the staff of the Office of the Director of National Intelligence.”
Pub. L. 108–458, title I, subtitle H, Dec. 17, 2004, 118 Stat. 3697, as amended by Pub. L. 109–13, div. A, title I, § 1009, May 11, 2005, 119 Stat. 244; Pub. L. 117–263, div. F, title LXIV, § 6403, Dec. 23, 2022, 136 Stat. 3525, provided that:
“SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF. “(a) Transfer .— There shall be transferred to the Office of the Director of National Intelligence such staff of the Community Management Staff as of the date of the enactment of this Act [ Dec. 17, 2004 ] as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the Community Management Staff as of that date. “(b) Administration .— The Director of National Intelligence shall administer the Community Management Staff after the date of the enactment of this Act [ Dec. 17, 2004 ] as a component of the Office of the Director of National Intelligence under section 103 of the National Security Act of 1947 [ 50 U.S.C. 3025 ], as amended by section 1011(a) of this Act. “SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER. “(a) Transfer .— There shall be transferred to the National Counterterrorism Center the Terrorist Threat Integration Center (TTIC) or its successor entity, including all functions and activities discharged by the Terrorist Threat Integration Center or its successor entity as of the date of the enactment of this Act [ Dec. 17, 2004 ]. “(b) Administration .— The Director of the National Counterterrorism Center shall administer the Terrorist Threat Integration Center after the date of the enactment of this Act [ Dec. 17, 2004 ] as a component of the Directorate of Intelligence of the National Counterterrorism Center under section 119(i) of the National Security Act of 1947 [ 50 U.S.C. 3056(i) ], as added by section 1021(a) [1021] of this Act. “SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE. “(a) Termination .— The positions referred to in subsection (b) are hereby abolished. “(b) Covered Positions .— The positions referred to in this subsection are as follows: “(1) The Assistant Director of Central Intelligence for Collection. “(2) The Assistant Director of Central Intelligence for Analysis and Production. “(3) The Assistant Director of Central Intelligence for Administration. “SEC. 1094. IMPLEMENTATION PLAN. “The President shall transmit to Congress a plan for the implementation of this title [see Tables for classification] and the amendments made by this title. The plan shall address, at a minimum, the following: “(1) The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant to this title. “(2) Any consolidation, reorganization, or streamlining of activities transferred to the Director of National Intelligence pursuant to this title. “(3) The establishment of offices within the Office of the Director of National Intelligence to implement the duties and responsibilities of the Director of National Intelligence as described in this title. “(4) Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations to be transferred to the Director of National Intelligence. “(5) Recommendations for additional legislative or administrative action as the President considers appropriate. “SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM. “(a) Report .— Not later than one year after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458 , see below], the Director of National Intelligence shall submit to the congressional intelligence committees a report on the progress made in the implementation of this title [see Tables for classification], including the amendments made by this title. The report shall include a comprehensive description of the progress made, and may include such recommendations for additional legislative or administrative action as the Director considers appropriate. “(b) Congressional Intelligence Committees Defined .— In this section, the term ‘congressional intelligence committees’ means— “(1) the Select Committee on Intelligence of the Senate; and “(2) the Permanent Select Committee on Intelligence of the House of Representatives. “SEC. 1096. TRANSITIONAL AUTHORITIES. “(a) In General .— (1) Upon the request of the Director of National Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director of National Intelligence. Any records of the Office of the Director of National Intelligence that are maintained by the agency as a service for the Office of the Director of National Intelligence under section 1535 of title 31 , United States Code, (popularly known as the ‘Economy Act’) may be treated as the records of the agency when dispositioned as required by law, and any disclosure of such records between the two agencies shall not be subject to any otherwise applicable legal consent requirements or disclosure accounting requirements. “(2) The records of the Office of the Director of National Intelligence may not be dispositioned pursuant to paragraph (1) without the authorization of the Director of National Intelligence. “(b) Transfer of Personnel .— In addition to any other authorities available under law for such purposes, in the fiscal years 2005 and 2006, the Director of National Intelligence— “(1) is authorized within the Office of the Director of National Intelligence the total of 500 new personnel positions; and “(2) with the approval of the Director of the Office of Management and Budget, may detail not more than 150 personnel funded within the National Intelligence Program to the Office of the Director of National Intelligence for a period of not more than 2 years. “SEC. 1097. EFFECTIVE DATES. “(a) In General .— Except as otherwise expressly provided in this Act [see Tables for classification], this title [see Tables for classification] and the amendments made by this title shall take effect not later than six months after the date of the enactment of this Act [ Dec. 17, 2004 ] [For determination by the President that certain sections of title I of Pub. L. 108–458 take effect earlier than six months after the date of enactment, see Memorandum of President of the United States, Apr. 21, 2005 , 70 F.R. 23925, set out as a note below.]. “(b) Specific Effective Dates .— (1) (A) Not later than 60 days after the date of the appointment of the first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to positions within the Office of the Director of National Intelligence. “(B) Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence. “(2) Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458 , see above], the President shall transmit to Congress the implementation plan required by section 1094. “(3) Not later than one year after the date of the enactment of this Act [ Dec. 17, 2004 ], the Director of National Intelligence shall prescribe regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act of 1947 [ 50 U.S.C. 3024 ], as amended by section 1011(a) of this Act.”
[Functions of President under section 1094 of Pub. L. 108–458, set out in a note above, assigned to the Director of National Intelligence by section 3 of Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under section 301 of Title 3, The President.]
Pub. L. 119–60, div. F, title LXIV, § 6401, Dec. 18, 2025, 139 Stat. 1615, provided that:
“This title [see Tables for classification] may be cited as the ‘Intelligence Community Efficiency and Effectiveness Act of 2025’.”
Pub. L. 115–173, § 1, May 22, 2018, 132 Stat. 1291, provided that:
“This Act [enacting provisions set out as a note under section 3161 of this title ] may be cited as the ‘Securely Expediting Clearances Through Reporting Transparency Act of 2018’ or the ‘SECRET Act of 2018’.”
Pub. L. 112–235, § 1, Dec. 28, 2012, 126 Stat. 1626, provided that:
“This Act [amending provisions set out as a note under section 3161 of this title ] may be cited as the ‘Public Interest Declassification Board Reauthorization Act of 2012’.”
Pub. L. 108–458, § 1(a), Dec. 17, 2004, 118 Stat. 3638, provided that:
“This Act [see Tables for classification] may be cited as the ‘Intelligence Reform and Terrorism Prevention Act of 2004’.”
Pub. L. 108–458, title I, § 1001, Dec. 17, 2004, 118 Stat. 3643, provided that:
“This title [see Tables for classification] may be cited as the ‘National Security Intelligence Reform Act of 2004’.”
Pub. L. 104–293, title VIII, § 801, Oct. 11, 1996, 110 Stat. 3474, provided that:
“This title [see Tables for classification] may be cited as the ‘Intelligence Renewal and Reform Act of 1996’.”
Pub. L. 103–359, title VIII, § 801, Oct. 14, 1994, 108 Stat. 3434, provided that:
“This title [see Tables for classification] may be cited as the ‘Counterintelligence and Security Enhancements Act of 1994’.”
Pub. L. 102–496, title VII, § 701, Oct. 24, 1992, 106 Stat. 3188, provided that:
“This title [see Tables for classification] may be cited as the ‘Intelligence Organization Act of 1992’.”
Pub. L. 98–477, § 1, Oct. 15, 1984, 98 Stat. 2209, provided:
“That this Act [see Tables for classification] may be cited as the ‘Central Intelligence Agency Information Act’.”
Pub. L. 97–200, § 1, June 23, 1982, 96 Stat. 122, provided:
“That this Act [see Tables for classification] may be cited as the ‘Intelligence Identities Protection Act of 1982’.”
Act Aug. 10, 1949, ch. 412, § 1, 63 Stat. 578, provided that:
“This Act [see Tables for classification] may be cited as the ‘National Security Act Amendments of 1949’.”
Sections of National Security Act of 1947, which were classified to former Title 5, were repealed and restated in Title 10, Armed Forces, except as noted, as follows:
Section of former Title 5 Section of Title 10 171 131, 133. 171a(a), (b) 133. 171a(c) 125, 136, 141, 3010, 3012, 5011, 5031, 8010, 8012. 171a(d) 133. 171a(e) 132. 171a(f) 133. 171a(g)–(i) [Omitted]. 171a(j) 124. 171c 134, 135, 136, 718, 2358. 171c–1, 171c–2 [Repealed]. 171d 1580. 171e 171. 171f 141, 142. 171g 143. 171h 2201. 171i 2351. 171j 173. 172 136. 172a 3014, 5061, 8014. 172b 2203. 172c 2204. 172d 2208. 172e 2209. 172f 126. 172g 2205. 172h 2206. 172i 2701. 181–1 101, 3011, 3012, 3062, T. 50 § 409. 181–2 3012. 411a(a) 101; T. 50 § 409. 411a(b) 5012. 411a(c) 5013, 5402. 626(a) 8012. 626(b) [Repealed]. 626(c) 101; T. 50 § 409. 626(d) 8013. 626(e) 8012. 626(f) 8033. 626(g) 8011. 626a 8012. 626b 8013. 626c 743, 8062.
Pub. L. 108–487, title VIII, § 803, Dec. 23, 2004, 118 Stat. 3962, provided that:
“(a) Head of Intelligence Community .— (1) During the period beginning on the date of the enactment of this Act [ Dec. 23, 2004 ] and ending on the date of the appointment of the Director of National Intelligence [ Apr. 21, 2005 ] under section 102 of the National Security Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [ 50 U.S.C. 3023 ], the Director of Central Intelligence may, acting as the head of the intelligence community, discharge the functions and authorities provided in this Act, and the amendments made by this Act [see Effective Date of 2004 Amendments note set out under section 2656f of Title 22 , Foreign Relations and Intercourse], to the Director of National Intelligence. “(2) During the period referred to in paragraph (1) any reference in this Act or the amendments made by this Act to the Director of National Intelligence shall be considered to be a reference to the Director of Central Intelligence, as the head of the intelligence community. “(3) Upon the appointment of an individual as Director of National Intelligence under section 102 of the National Security Act of 1947, as so amended, any reference in this Act, or in the classified annex to accompany this Act, to the Director of Central Intelligence as head of the intelligence community shall be deemed to be a reference to the Director of National Intelligence. “(b) Head of Central Intelligence Agency .— (1) During the period beginning on the date of the enactment of this Act [ Dec. 23, 2004 ] and ending on the date of the appointment of the Director of the Central Intelligence Agency under section 104A of the National Security Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [ 50 U.S.C. 3036 ], the Director of Central Intelligence may, acting as the head of the Central Intelligence Agency, discharge the functions and authorities provided in this Act, and the amendments made by this Act, to the Director of the Central Intelligence Agency. “(2) Upon the appointment of an individual as Director of the Central Intelligence Agency under section 104A of the National Security Act of 1947, as so amended, any reference in this Act, or in the classified annex to accompany this Act, to the Director of Central Intelligence as head of the Central Intelligence Agency shall be deemed to be a reference to the Director of the Central Intelligence Agency.”
Act Aug. 10, 1949, ch. 412, § 12(g), 63 Stat. 591, provided:
“All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act [see Tables for classification], have the same effect as if this Act had not been enacted; but, after the effective date of this Act [ Aug. 10, 1949 ], any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force.”
Pub. L. 108–458, title I, § 1103, Dec. 17, 2004, 118 Stat. 3700, provided that:
“If any provision of this Act [see Tables for classification], or an amendment made by this Act, or the application of such provision to any person or circumstance is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other those to which such provision is held invalid shall not be affected thereby.”
Pub. L. 108–487, title VIII, § 802, Dec. 23, 2004, 118 Stat. 3962, provided that:
“Except as otherwise specifically provided or otherwise provided by context, any reference in this Act [see Effective Date of 2004 Amendments note set out under section 2656f of Title 22 , Foreign Relations and Intercourse], or in the classified annex to accompany this Act, to the Director of Central Intelligence shall be deemed to be a reference to the Director of Central Intelligence as head of the intelligence community.”
Pub. L. 117–81, div. F, title LXVI, § 6603, Dec. 27, 2021, 135 Stat. 2438, provided that:
“(a) Anomalous Health Incidents Interagency Coordinator.— “(1) Designation .— Not later than 30 days after the date of the enactment of this Act [ Dec. 27, 2021 ], the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the ‘Interagency Coordinator’). “(2) Duties .— The Interagency Coordinator, working through the interagency national security process, shall, with respect to anomalous health incidents— “(A) coordinate the response of the United States Government to such incidents; “(B) coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; “(C) ensure adequate training and education relating to such incidents for United States Government personnel; “(D) ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information; “(E) coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and “(F) develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents. “(b) Designation of Agency Coordination Leads.— “(1) Designation; responsibilities .— The head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or other appropriate senior official, who shall— “(A) serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the ‘Agency Coordination Lead’) for the relevant agency concerned; “(B) report directly to the head of such relevant agency regarding activities carried out under this section; “(C) perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process; “(D) represent such relevant agency in meetings convened by the Interagency Coordinator; and “(E) participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c). “(2) Delegation prohibited .— An Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1). “(c) Briefings.— “(1) In general .— Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2) [probably means subsec. (a)(2)]. “(2) Elements .— Each briefing required under paragraph (1) shall include— “(A) an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators; “(B) an update on new or persistent anomalous health incidents; “(C) a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training; “(D) an identification of any changes to operational posture as a result of anomalous health threats; “(E) an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care; “(F) a description of efforts to improve and encourage reporting of anomalous health incidents; “(G) a detailed description of the roles and responsibilities of the Agency Coordination Leads; “(H) information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and “(I) such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate. “(3) Unclassified briefing summary.— “(A) In general .— Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1). “(B) Form .— The summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods. “(d) Secure Reporting Mechanisms .— Not later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency— “(1) develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident; “(2) shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and “(3) in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information. “(e) Workforce Guidance.— “(1) Development and dissemination .— The President shall direct the heads of the relevant agencies to develop and disseminate to employees of such relevant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum— “(A) the threat posed by anomalous health incidents; “(B) known defensive techniques with respect to anomalous health incidents; and “(C) processes to self-report any suspected exposure that could be an anomalous health incident. “(2) Deadline .— The workforce guidance specified under paragraph (1) shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act. “(f) Rule of Construction .— Nothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency. “(g) Authorization of Appropriations .— There is authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to— “(1) increase capacity and staffing for the Health Incident Response Task Force of the Department of State; “(2) support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department; “(3) investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution; “(4) collect and analyze data related to anomalous health incidents; “(5) coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and “(6) support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State. “(h) Definitions .— In this section: “(1) The term ‘appropriate congressional committees’ means— “(A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and “(B) the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives. “(2) The term ‘relevant Federal agencies’ means— “(A) the Department of Defense; “(B) the Department of State; “(C) the Office of the Director of National Intelligence; “(D) the Central Intelligence Agency; “(E) the Department of Justice; “(F) the Department of Homeland Security; and “(G) such other Federal departments or agencies as may be designated by the Interagency Coordinator.”
Pub. L. 116–92, div. E, title LXIII, § 6307, Dec. 20, 2019, 133 Stat. 2189, provided that:
“Whenever the head of an element of the intelligence community enters into an intelligence-sharing agreement with a foreign government or any other foreign entity, the head of the element shall consider the pervasiveness of telecommunications and cybersecurity infrastructure, equipment, and services provided by adversaries of the United States, particularly China and Russia, or entities of such adversaries in the country or region of the foreign government or other foreign entity entering into the agreement.”
[For definition of “intelligence community” as used in section 6307 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]
Pub. L. 115–31, div. N, title V, § 501, May 5, 2017, 131 Stat. 823, which established an interagency committee to counter active measures by the Russian Federation to exert covert influence within the executive branch and was formerly set out as a note under this section, was transferred to section 3369d of this title.
Pub. L. 111–84, div. A, title X, § 1035, Oct. 28, 2009, 123 Stat. 2450, provided that:
“Not later than February 1, 2010 , the Director of National Intelligence and the Secretary of Defense shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a revised charter for the National Reconnaissance Office (in this section referred to as the ‘NRO’). The charter shall include the following: “(1) The organizational and governance structure of the NRO. “(2) The role of the NRO in the development and generation of requirements and acquisition. “(3) The scope of the capabilities of the NRO. “(4) The roles and responsibilities of the NRO and the relationship of the NRO to other organizations and agencies in the intelligence and defense communities.”
Pub. L. 108–177, title I, § 106, Dec. 13, 2003, 117 Stat. 2604, provided that:
“(a) In General .— Each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement to accompany the conference report on the bill H.R. 2417 of the One Hundred Eighth Congress [enacted as Pub. L. 108–177 ], or in the classified annex to this Act, is hereby incorporated into this Act, and is hereby made a requirement in law. “(b) Congressional Intelligence Committees Defined .— In this section, the term ‘congressional intelligence committees’ means— “(1) the Select Committee on Intelligence of the Senate; and “(2) the Permanent Select Committee on Intelligence of the House of Representatives.”
Similar provisions were contained in Pub. L. 107–306, title I, § 108, Nov. 27, 2002, 116 Stat. 2388.
Pub. L. 111–259, title VII, § 701(a)(3), Oct. 7, 2010, 124 Stat. 2745, provided that membership of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community established by section 1002(a) of Pub. L. 107–306 [formerly set out in a note below] should be considered vacant and new members should be appointed in accordance with such section 1002.
Pub. L. 107–306, title X, Nov. 27, 2002, 116 Stat. 2437, as amended by Pub. L. 108–177, title III, § 315(a), Dec. 13, 2003, 117 Stat. 2610; Pub. L. 111–259, title VII, § 701(a)(1), (4), (b)(3), (c), Oct. 7, 2010, 124 Stat. 2744, 2745; Pub. L. 112–277, title V, § 502, Jan. 14, 2013, 126 Stat. 2476, established the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community to review the status of research and development programs and activities within the intelligence community, including advanced research and development programs and activities, required the Commission to submit a final report of its review to the congressional intelligence committees, the Director of National Intelligence, and the Secretary of Defense not later than Mar. 31, 2013, and provided that the Commission would terminate at the end of the 120-day period beginning on the date that the final report was transmitted to the congressional intelligence committees.
Pub. L. 106–120, title VII, Dec. 3, 1999, 113 Stat. 1620, established the National Commission for the Review of the National Reconnaissance Office to review the current organization, practices, and authorities of the National Reconnaissance Office, directed the Commission to submit to the congressional intelligence committees, the Director of Central Intelligence, and the Secretary of Defense a final report on such review not later than Nov. 1, 2000, provided that the Commission would terminate at the end of the 120-day period beginning on the date on which the final report was transmitted to the congressional intelligence committees, and directed the Director of Central Intelligence and the Secretary of Defense to each submit to the congressional intelligence committees an assessment of the final report not later than 60 days after receipt.
Pub. L. 103–359, title IX, Oct. 14, 1994, 108 Stat. 3456, related to establishment, composition, duties, reports, powers, payment of expenses, and termination, not later than Mar. 1, 1996, of the Commission on the Roles and Capabilities of the United States Intelligence Community.
Pub. L. 101–511, title VIII, § 8104, Nov. 5, 1990, 104 Stat. 1898, as amended by Pub. L. 102–172, title VIII, § 8078, Nov. 26, 1991, 105 Stat. 1189, provided that:
“SECTION 1. This section establishes the National Commission on Defense and National Security. “SEC. 2. FINDINGS. “The Congress makes the following findings: “(1) Recent revolutionary world events require a fundamental reassessment of the defense and national security policies of the United States. “(2) Emerging democracies around the world will require political, technical, and economic assistance, as well as military assistance, from the developed free nations in order to thrive and to become productive members of the world community. “(3) Real and potential military threats to the United States and its allies will continue to exist for the foreseeable future from not just the Soviet Union but also from terrorism and from Third World nations. “(4) Proliferation of both sophisticated conventional weapons and of nuclear weapons could produce a world more dangerous than we have faced in the past. “(5) Ethnic rivalries as well as economic inequalities may produce instabilities that could spark serious conflict. “(6) In order to formulate coherent national policies to meet these challenges of a new world environment, it is essential for the United States to achieve a bipartisan consensus such as that which emerged following World War II. “(7) Such a consensus can be fostered by the development of policy recommendations from a highly respected group of individuals who do not bear a partisan label and who possess critical expertise and experience. “SEC. 3. ESTABLISHMENT. “There is established a commission to be known as [the] National Commission on Defense and National Security (hereinafter in this Act referred to as the ‘Commission’). The Commission is established until 30 days following submission of the final report required by section 6 of this section. “SEC. 4. DUTIES OF COMMISSION. “(a) In General .— The Commission shall analyze and make recommendations to the President and Congress concerning the national security and national defense policies of the United States. “(b) Matters To Be Analyzed .— Matters to be analyzed by the Commission shall include the following: “(1) The world-wide interests, goals, and objectives of the United States that are vital to the national security of the United States. “(2) The political, economic, and military developments around the world and the implications of those developments for United States national security interests, including— “(A) the developments in Eastern Europe and the Soviet Union; “(B) the question of German unification; “(C) the future of NATO and European economic integration; “(D) the future of the Pacific Basin; and “(E) potential instability resulting from regional conflicts or economic problems in the developing world. “(3) The foreign policy, world-wide commitments, and national defense capabilities of the United States necessary to deter aggression and implement the national security strategy of the United States, including the contribution that can be made by bilateral and multilateral political and economic associations in promoting interests that the United States shares with other members of the world community. “(4) The proposed short-term uses of the political, economic, military, and other elements of national power for the United States to protect or promote the interests and to achieve the goals and objectives referred to in paragraph (1). “(5) Long-term options that should be considered further for a number of potential courses of world events over the remainder of the century and into the next century. “SEC. 5. MEMBERSHIP. “(a) Number and Appointment .— The Commission shall be composed of 10 members, as follows: “(1) Three appointed by the President. “(2) Three appointed by the Speaker of the House of Representatives. “(3) One appointed by the minority leader of the House of Representatives. “(4) Two appointed by the majority leader of the Senate. “(5) One appointed by the minority leader of the Senate. “(b) Qualifications .— Persons appointed to the Commission shall be persons who are not officers or employees of the Federal Government (including Members of Congress) and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. “(c) Terms .— Members shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. “(d) Basic Pay .— Members of the Commission shall serve without pay. “(e) Quorum .— A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. “(f) Chairman and Vice Chairman .— The Chairman of the Commission shall be designated by the President from among the members appointed by the President. The Vice Chairman of the Commission shall be designated by the Speaker of the House of Representatives from among the members appointed by the Speaker. “(g) Meetings .— The Commission shall meet at the call of the Chairman or a majority of its members. “(h) Deadline for Appointments .— Members of the Commission shall be appointed not later than the end of the 30-day period beginning on the date of the enactment of this Act [ Nov. 5, 1990 ]. “SEC. 6. REPORTS. “(a) Initial Report .— The Commission shall transmit to the President and to Congress an initial report not later than six months after the date on which the Commission is first constituted with a quorum. “(b) Final Report .— The Commission shall transmit to the President and to Congress a final report one year following submission of the initial report under subsection (a). “(c) Contents of Reports .— The report under subsection (b) shall contain a detailed statement of the findings and conclusions of the Commission concerning the matters to be studied by the Commission under section 4, together with its recommendations for such legislation and administrative actions as it considers appropriate. Such report shall include a comprehensive description and discussion of the matters set forth in section 4. “(d) Reports To Be Unclassified .— Each such report shall be submitted in unclassified form. “(e) Additional and Minority Views .— Each report may include such additional and minority views as individual members of the Commission may request be included. “SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. “(a) Director .— The Commission shall, without regard to section 5311(b) of title 5 , United States Code, have a Director who shall be appointed by the Chairman and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS–18 of the General Schedule. “(b) Staff .— The Chairman may appoint and fix the pay of such additional personnel as the Chairman considers appropriate. “(c) Applicability of Certain Civil Service Laws .— The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule. “(d) Experts and Consultants .— Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule. “(e) Staff of Federal Agencies .— Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. “SEC. 8. POWERS OF COMMISSION “(a) Hearings and Sessions .— The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. “(b) Powers of Members and Agents .— Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. “(c) Obtaining Official Data .— The Chairman or a designee on behalf of the Chairman may request information necessary to enable the Commission to carry out this Act directly from any department or agency of the United States. “(d) Gifts .— The Commission may accept, use, and dispose of gifts or donations of services or property. “(e) Mails .— The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. “(f) Administrative Support Services .— The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. “SEC. 9. INITIAL FUNDING OF COMMISSION. “If funds are not otherwise available for the necessary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commission requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence.”
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]
Pub. L. 101–510, div. A, title IX, § 907, Nov. 5, 1990, 104 Stat. 1622, required the Secretary of Defense and Director of Central Intelligence to conduct a joint review of all intelligence and intelligence-related activities in the Tactical Intelligence and Related Activities programs and the National Foreign Intelligence Program and reduce by not less than 5 percent the number of personnel detailed to such programs during each of fiscal years 1992 through 1996.
Act Aug. 10, 1949, ch. 412, § 12(f), 63 Stat. 591, provided in part that:
“The titles of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretaries and the Assistant Secretaries of the Departments of the Army, Navy, and Air Force, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, shall not be changed by virtue of this Act [see Tables for classification] and the reappointment of the officials holding such titles on the effective date of this Act [ Aug. 10, 1949 ] shall not be required.”
Act Aug. 10, 1949, ch. 412, § 12(i), 63 Stat. 592, provided that:
“Reorganization Plan Numbered 8 of 1949, which was transmitted to the Congress by the President on July 18, 1949 [set out in Appendix to Title 5, Government Organization and Employees] pursuant to the provisions of the Reorganization Act of 1949, shall not take effect, notwithstanding the provisions of section 6 of such Reorganization Act of 1949.”
Ex. Ord. No. 13709, § 2, Oct. 2, 2015, 80 F.R. 60793, provided that the regulations governing the award of the National Security Medal that were issued pursuant to par. 2 of Ex. Ord. No. 10431 (prior to amendment by Ex. Ord. No. 13709) and published with that order were superseded by Ex. Ord. No. 13709.
For provisions relating to the exercise of certain authority respecting foreign intelligence electronic surveillance, see Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of this title.
Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the National Security Act of 1947, as amended (Act) [50 U.S.C. 3001 et seq.], and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows:
The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal.
(a) All means, consistent with applicable Federal law and this order, and with full consideration of the rights of United States persons, shall be used to obtain reliable intelligence information to protect the United States and its interests.
(b) The United States Government has a solemn obligation, and shall continue in the conduct of intelligence activities under this order, to protect fully the legal rights of all United States persons, including freedoms, civil liberties, and privacy rights guaranteed by Federal law.
(c) Intelligence collection under this order should be guided by the need for information to respond to intelligence priorities set by the President.
(d) Special emphasis should be given to detecting and countering:
(1) Espionage and other threats and activities directed by foreign powers or their intelligence services against the United States and its interests;
(2) Threats to the United States and its interests from terrorism; and
(3) Threats to the United States and its interests from the development, possession, proliferation, or use of weapons of mass destruction.
(e) Special emphasis shall be given to the production of timely, accurate, and insightful reports, responsive to decisionmakers in the executive branch, that draw on all appropriate sources of information, including open source information, meet rigorous analytic standards, consider diverse analytic viewpoints, and accurately represent appropriate alternative views.
(f) State, local, and tribal governments are critical partners in securing and defending the United States from terrorism and other threats to the United States and its interests. Our national intelligence effort should take into account the responsibilities and requirements of State, local, and tribal governments and, as appropriate, private sector entities, when undertaking the collection and dissemination of information and intelligence to protect the United States.
(g) All departments and agencies have a responsibility to prepare and to provide intelligence in a manner that allows the full and free exchange of information, consistent with applicable law and presidential guidance.
(a) Purpose. The National Security Council (NSC) shall act as the highest ranking executive branch entity that provides support to the President for review of, guidance for, and direction to the conduct of all foreign intelligence, counterintelligence, and covert action, and attendant policies and programs.
(b) Covert Action and Other Sensitive Intelligence Operations. The NSC shall consider and submit to the President a policy recommendation, including all dissents, on each proposed covert action and conduct a periodic review of ongoing covert action activities, including an evaluation of the effectiveness and consistency with current national policy of such activities and consistency with applicable legal requirements. The NSC shall perform such other functions related to covert action as the President may direct, but shall not undertake the conduct of covert actions. The NSC shall also review proposals for other sensitive intelligence operations.
Subject to the authority, direction, and control of the President, the Director of National Intelligence (Director) shall serve as the head of the Intelligence Community, act as the principal adviser to the President, to the NSC, and to the Homeland Security Council for intelligence matters related to national security, and shall oversee and direct the implementation of the National Intelligence Program and execution of the National Intelligence Program budget. The Director will lead a unified, coordinated, and effective intelligence effort. In addition, the Director shall, in carrying out the duties and responsibilities under this section, take into account the views of the heads of departments containing an element of the Intelligence Community and of the Director of the Central Intelligence Agency.
(a) Except as otherwise directed by the President or prohibited by law, the Director shall have access to all information and intelligence described in section 1.5(a) of this order. For the purpose of access to and sharing of information and intelligence, the Director:
(1) Is hereby assigned the function under section 3(5) of the Act, to determine that intelligence, regardless of the source from which derived and including information gathered within or outside the United States, pertains to more than one United States Government agency; and
(2) Shall develop guidelines for how information or intelligence is provided to or accessed by the Intelligence Community in accordance with section 1.5(a) of this order, and for how the information or intelligence may be used and shared by the Intelligence Community. All guidelines developed in accordance with this section shall be approved by the Attorney General and, where applicable, shall be consistent with guidelines issued pursuant to section 1016 of the Intelligence Reform and Terrorism Protection Act of 2004 (Public Law 108–458) (IRTPA).
(b) In addition to fulfilling the obligations and responsibilities prescribed by the Act, the Director:
(1) Shall establish objectives, priorities, and guidance for the Intelligence Community to ensure timely and effective collection, processing, analysis, and dissemination of intelligence, of whatever nature and from whatever source derived;
(2) May designate, in consultation with affected heads of departments or Intelligence Community elements, one or more Intelligence Community elements to develop and to maintain services of common concern on behalf of the Intelligence Community if the Director determines such services can be more efficiently or effectively accomplished in a consolidated manner;
(3) Shall oversee and provide advice to the President and the NSC with respect to all ongoing and proposed covert action programs;
(4) In regard to the establishment and conduct of intelligence arrangements and agreements with foreign governments and international organizations:
(A) May enter into intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations;
(B) Shall formulate policies concerning intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations; and
(C) Shall align and synchronize intelligence and counterintelligence foreign relationships among the elements of the Intelligence Community to further United States national security, policy, and intelligence objectives;
(5) Shall participate in the development of procedures approved by the Attorney General governing criminal drug intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs;
(6) Shall establish common security and access standards for managing and handling intelligence systems, information, and products, with special emphasis on facilitating:
(A) The fullest and most prompt access to and dissemination of information and intelligence practicable, assigning the highest priority to detecting, preventing, preempting, and disrupting terrorist threats and activities against the United States, its interests, and allies; and
(B) The establishment of standards for an interoperable information sharing enterprise that facilitates the sharing of intelligence information among elements of the Intelligence Community;
(7) Shall ensure that appropriate departments and agencies have access to intelligence and receive the support needed to perform independent analysis;
(8) Shall protect, and ensure that programs are developed to protect, intelligence sources, methods, and activities from unauthorized disclosure;
(9) Shall, after consultation with the heads of affected departments and agencies, establish guidelines for Intelligence Community elements for:
(A) Classification and declassification of all intelligence and intelligence-related information classified under the authority of the Director or the authority of the head of a department or Intelligence Community element; and
(B) Access to and dissemination of all intelligence and intelligence-related information, both in its final form and in the form when initially gathered, to include intelligence originally classified by the head of a department or Intelligence Community element, except that access to and dissemination of information concerning United States persons shall be governed by procedures developed in accordance with Part 2 of this order;
(10) May, only with respect to Intelligence Community elements, and after consultation with thehead [sic] of the originating Intelligence Community element or the head of the originating department, declassify, or direct the declassification of, information or intelligence relating to intelligence sources, methods, and activities. The Director may only delegate this authority to the Principal Deputy Director of National Intelligence;
(11) May establish, operate, and direct one or more national intelligence centers to address intelligence priorities;
(12) May establish Functional Managers and Mission Managers, and designate officers or employees of the United States to serve in these positions.
(A) Functional Managers shall report to the Director concerning the execution of their duties as Functional Managers, and may be charged with developing and implementing strategic guidance, policies, and procedures for activities related to a specific intelligence discipline or set of intelligence activities; set training and tradecraft standards; and ensure coordination within and across intelligence disciplines and Intelligence Community elements and with related non-intelligence activities. Functional Managers may also advise the Director on: the management of resources; policies and procedures; collection capabilities and gaps; processing and dissemination of intelligence; technical architectures; and other issues or activities determined by the Director.
(i) The Director of the National Security Agency is designated the Functional Manager for signals intelligence;
(ii) The Director of the Central Intelligence Agency is designated the Functional Manager for human intelligence; and
(iii) The Director of the National Geospatial-Intelligence Agency is designated the Functional Manager for geospatial intelligence.
(B) Mission Managers shall serve as principal substantive advisors on all or specified aspects of intelligence related to designated countries, regions, topics, or functional issues;
(13) Shall establish uniform criteria for the determination of relative priorities for the transmission of critical foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such communications;
(14) Shall have ultimate responsibility for production and dissemination of intelligence produced by the Intelligence Community and authority to levy analytic tasks on intelligence production organizations within the Intelligence Community, in consultation with the heads of the Intelligence Community elements concerned;
(15) May establish advisory groups for the purpose of obtaining advice from within the Intelligence Community to carry out the Director’s responsibilities, to include Intelligence Community executive management committees composed of senior Intelligence Community leaders. Advisory groups shall consist of representatives from elements of the Intelligence Community, as designated by the Director, or other executive branch departments, agencies, and offices, as appropriate;
(16) Shall ensure the timely exploitation and dissemination of data gathered by national intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government elements, including military commands;
(17) Shall determine requirements and priorities for, and manage and direct the tasking, collection, analysis, production, and dissemination of, national intelligence by elements of the Intelligence Community, including approving requirements for collection and analysis and resolving conflicts in collection requirements and in the tasking of national collection assets of Intelligence Community elements (except when otherwise directed by the President or when the Secretary of Defense exercises collection tasking authority under plans and arrangements approved by the Secretary of Defense and the Director);
(18) May provide advisory tasking concerning collection and analysis of information or intelligence relevant to national intelligence or national security to departments, agencies, and establishments of the United States Government that are not elements of the Intelligence Community; and shall establish procedures, in consultation with affected heads of departments or agencies and subject to approval by the Attorney General, to implement this authority and to monitor or evaluate the responsiveness of United States Government departments, agencies, and other establishments;
(19) Shall fulfill the responsibilities in section 1.3(b)(17) and (18) of this order, consistent with applicable law and with full consideration of the rights of United States persons, whether information is to be collected inside or outside the United States;
(20) Shall ensure, through appropriate policies and procedures, the deconfliction, coordination, and integration of all intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program. In accordance with these policies and procedures:
(A) The Director of the Federal Bureau of Investigation shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities inside the United States;
(B) The Director of the Central Intelligence Agency shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities outside the United States;
(C) All policies and procedures for the coordination of counterintelligence activities and the clandestine collection of foreign intelligence inside the United States shall be subject to the approval of the Attorney General; and
(D) All policies and procedures developed under this section shall be coordinated with the heads of affected departments and Intelligence Community elements;
(21) Shall, with the concurrence of the heads of affected departments and agencies, establish joint procedures to deconflict, coordinate, and synchronize intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program, with intelligence activities, activities that involve foreign intelligence and security services, or activities that involve the use of clandestine methods, conducted by other United States Government departments, agencies, and establishments;
(22) Shall, in coordination with the heads of departments containing elements of the Intelligence Community, develop procedures to govern major system acquisitions funded in whole or in majority part by the National Intelligence Program;
(23) Shall seek advice from the Secretary of State to ensure that the foreign policy implications of proposed intelligence activities are considered, and shall ensure, through appropriate policies and procedures, that intelligence activities are conducted in a manner consistent with the responsibilities pursuant to law and presidential direction of Chiefs of United States Missions; and
(24) Shall facilitate the use of Intelligence Community products by the Congress in a secure manner.
(c) The Director’s exercise of authorities in the Act and this order shall not abrogate the statutory or other responsibilities of the heads of departments of the United States Government or the Director of the Central Intelligence Agency. Directives issued and actions taken by the Director in the exercise of the Director’s authorities and responsibilities to integrate, coordinate, and make the Intelligence Community more effective in providing intelligence related to national security shall be implemented by the elements of the Intelligence Community, provided that any department head whose department contains an element of the Intelligence Community and who believes that a directive or action of the Director violates the requirements of section 1018 of the IRTPA or this subsection shall bring the issue to the attention of the Director, the NSC, or the President for resolution in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments.
(d) Appointments to certain positions.
(1) The relevant department or bureau head shall provide recommendations and obtain the concurrence of the Director for the selection of: the Director of the National Security Agency, the Director of the National Reconnaissance Office, the Director of the National Geospatial-Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury, and the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation. If the Director does not concur in the recommendation, the department head may not fill the vacancy or make the recommendation to the President, as the case may be. If the department head and the Director do not reach an agreement on the selection or recommendation, the Director and the department head concerned may advise the President directly of the Director’s intention to withhold concurrence.
(2) The relevant department head shall consult with the Director before appointing an individual to fill a vacancy or recommending to the President an individual be nominated to fill a vacancy in any of the following positions: the Under Secretary of Defense for Intelligence [now Under Secretary of Defense for Intelligence and Security]; the Director of the Defense Intelligence Agency; uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps above the rank of Major General or Rear Admiral; the Assistant Commandant of the Coast Guard for Intelligence; and the Assistant Attorney General for National Security.
(e) Removal from certain positions.
(1) Except for the Director of the Central Intelligence Agency, whose removal the Director may recommend to the President, the Director and the relevant department head shall consult on the removal, or recommendation to the President for removal, as the case may be, of: the Director of the National Security Agency, the Director of the National Geospatial-Intelligence Agency, the Director of the Defense Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, and the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. If the Director and the department head do not agree on removal, or recommendation for removal, either may make a recommendation to the President for the removal of the individual.
(2) The Director and the relevant department or bureau head shall consult on the removal of: the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Director of the National Reconnaissance Office, the Assistant Commandant of the Coast Guard for Intelligence, and the Under Secretary of Defense for Intelligence [now Under Secretary of Defense for Intelligence and Security]. With respect to an individual appointed by a department head, the department head may remove the individual upon the request of the Director; if the department head chooses not to remove the individual, either the Director or the department head may advise the President of the department head’s intention to retain the individual. In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual. For uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Director may make a recommendation for removal to the Secretary of Defense.
(3) Nothing in this subsection shall be construed to limit or otherwise affect the authority of the President to nominate, appoint, assign, or terminate the appointment or assignment of any individual, with or without a consultation, recommendation, or concurrence.
Consistent with applicable Federal law and with the other provisions of this order, and under the leadership of the Director, as specified in such law and this order, the Intelligence Community shall:
(a) Collect and provide information needed by the President and, in the performance of executive functions, the Vice President, the NSC, the Homeland Security Council, the Chairman of the Joint Chiefs of Staff, senior military commanders, and other executive branch officials and, as appropriate, the Congress of the United States;
(b) In accordance with priorities set by the President, collect information concerning, and conduct activities to protect against, international terrorism, proliferation of weapons of mass destruction, intelligence activities directed against the United States, international criminal drug activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents;
(c) Analyze, produce, and disseminate intelligence;
(d) Conduct administrative, technical, and other support activities within the United States and abroad necessary for the performance of authorized activities, to include providing services of common concern for the Intelligence Community as designated by the Director in accordance with this order;
(e) Conduct research, development, and procurement of technical systems and devices relating to authorized functions and missions or the provision of services of common concern for the Intelligence Community;
(f) Protect the security of intelligence related activities, information, installations, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Intelligence Community elements as are necessary;
(g) Take into account State, local, and tribal governments’ and, as appropriate, private sector entities’ information needs relating to national and homeland security;
(h) Deconflict, coordinate, and integrate all intelligence activities and other information gathering in accordance with section 1.3(b)(20) of this order; and
(i) Perform such other functions and duties related to intelligence activities as the President may direct.
The heads of all departments and agencies shall:
(a) Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director’s duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President;
(b) Provide all programmatic and budgetary information necessary to support the Director in developing the National Intelligence Program;
(c) Coordinate development and implementation of intelligence systems and architectures and, as appropriate, operational systems and architectures of their departments, agencies, and other elements with the Director to respond to national intelligence requirements and all applicable information sharing and security guidelines, information privacy, and other legal requirements;
(d) Provide, to the maximum extent permitted by law, subject to the availability of appropriations and not inconsistent with the mission of the department or agency, such further support to the Director as the Director may request, after consultation with the head of the department or agency, for the performance of the Director’s functions;
(e) Respond to advisory tasking from the Director under section 1.3(b)(18) of this order to the greatest extent possible, in accordance with applicable policies established by the head of the responding department or agency;
(f) Ensure that all elements within the department or agency comply with the provisions of Part 2 of this order, regardless of Intelligence Community affiliation, when performing foreign intelligence and counterintelligence functions;
(g) Deconflict, coordinate, and integrate all intelligence activities in accordance with section 1.3(b)(20), and intelligence and other activities in accordance with section 1.3(b)(21) of this order;
(h) Inform the Attorney General, either directly or through the Federal Bureau of Investigation, and the Director of clandestine collection of foreign intelligence and counterintelligence activities inside the United States not coordinated with the Federal Bureau of Investigation;
(i) Pursuant to arrangements developed by the head of the department or agency and the Director of the Central Intelligence Agency and approved by the Director, inform the Director and the Director of the Central Intelligence Agency, either directly or through his designee serving outside the United States, as appropriate, of clandestine collection of foreign intelligence collected through human sources or through human-enabled means outside the United States that has not been coordinated with the Central Intelligence Agency; and
(j) Inform the Secretary of Defense, either directly or through his designee, as appropriate, of clandestine collection of foreign intelligence outside the United States in a region of combat or contingency military operations designated by the Secretary of Defense, for purposes of this paragraph, after consultation with the Director of National Intelligence.
The heads of elements of the Intelligence Community shall:
(a) Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director’s duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President;
(b) Report to the Attorney General possible violations of Federal criminal laws by employees and of specified Federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department, agency, or establishment concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures;
(c) Report to the Intelligence Oversight Board, consistent with Executive Order 13462 of February 29, 2008, and provide copies of all such reports to the Director, concerning any intelligence activities of their elements that they have reason to believe may be unlawful or contrary to executive order or presidential directive;
(d) Protect intelligence and intelligence sources, methods, and activities from unauthorized disclosure in accordance with guidance from the Director;
(e) Facilitate, as appropriate, the sharing of information or intelligence, as directed by law or the President, to State, local, tribal, and private sector entities;
(f) Disseminate information or intelligence to foreign governments and international organizations under intelligence or counterintelligence arrangements or agreements established in accordance with section 1.3(b)(4) of this order;
(g) Participate in the development of procedures approved by the Attorney General governing production and dissemination of information or intelligence resulting from criminal drug intelligence activities abroad if they have intelligence responsibilities for foreign or domestic criminal drug production and trafficking; and
(h) Ensure that the inspectors general, general counsels, and agency officials responsible for privacy or civil liberties protection for their respective organizations have access to any information or intelligence necessary to perform their official duties.
Each element of the Intelligence Community shall have the duties and responsibilities specified below, in addition to those specified by law or elsewhere in this order. Intelligence Community elements within executive departments shall serve the information and intelligence needs of their respective heads of departments and also shall operate as part of an integrated Intelligence Community, as provided in law or this order.
(a) THE CENTRAL INTELLIGENCE AGENCY. The Director of the Central Intelligence Agency shall:
(1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence;
(2) Conduct counterintelligence activities without assuming or performing any internal security functions within the United States;
(3) Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements;
(4) Conduct covert action activities approved by the President. No agency except the Central Intelligence Agency (or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution, Public Law 93–148) may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective;
(5) Conduct foreign intelligence liaison relationships with intelligence or security services of foreign governments or international organizations consistent with section 1.3(b)(4) of this order;
(6) Under the direction and guidance of the Director, and in accordance with section 1.3(b)(4) of this order, coordinate the implementation of intelligence and counterintelligence relationships between elements of the Intelligence Community and the intelligence or security services of foreign governments or international organizations; and
(7) Perform such other functions and duties related to intelligence as the Director may direct.
(b) THE DEFENSE INTELLIGENCE AGENCY. The Director of the Defense Intelligence Agency shall:
(1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions;
(2) Collect, analyze, produce, or, through tasking and coordination, provide defense and defense-related intelligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non-Defense agencies;
(3) Conduct counterintelligence activities;
(4) Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements;
(5) Conduct foreign defense intelligence liaison relationships and defense intelligence exchange programs with foreign defense establishments, intelligence or security services of foreign governments, and international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order;
(6) Manage and coordinate all matters related to the Defense Attaché system; and
(7) Provide foreign intelligence and counterintelligence staff support as directed by the Secretary of Defense.
(c) THE NATIONAL SECURITY AGENCY. The Director of the National Security Agency shall:
(1) Collect (including through clandestine means), process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;
(2) Establish and operate an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense, after coordination with the Director;
(3) Control signals intelligence collection and processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders;
(4) Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements;
(5) Provide signals intelligence support for national and departmental requirements and for the conduct of military operations;
(6) Act as the National Manager for National Security Systems as established in law and policy, and in this capacity be responsible to the Secretary of Defense and to the Director;
(7) Prescribe, consistent with section 102A(g) of the Act, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling, and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the National Security Agency, and exercise the necessary supervisory control to ensure compliance with the regulations; and
(8) Conduct foreign cryptologic liaison relationships in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
(d) THE NATIONAL RECONNAISSANCE OFFICE. The Director of the National Reconnaissance Office shall:
(1) Be responsible for research and development, acquisition, launch, deployment, and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States Government needs; and
(2) Conduct foreign liaison relationships relating to the above missions, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
(e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. The Director of the National Geospatial-Intelligence Agency shall:
(1) Collect, process, analyze, produce, and disseminate geospatial intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;
(2) Provide geospatial intelligence support for national and departmental requirements and for the conduct of military operations;
(3) Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; and
(4) Conduct foreign geospatial intelligence liaison relationships, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
(f) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS. The Commanders and heads of the intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps shall:
(1) Collect (including through clandestine means), produce, analyze, and disseminate defense and defense-related intelligence and counterintelligence to support departmental requirements, and, as appropriate, national requirements;
(2) Conduct counterintelligence activities;
(3) Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and
(4) Conduct military intelligence liaison relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
(g) INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF INVESTIGATION. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the intelligence elements of the Federal Bureau of Investigation shall:
(1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions, in accordance with procedural guidelines approved by the Attorney General, after consultation with the Director;
(2) Conduct counterintelligence activities; and
(3) Conduct foreign intelligence and counterintelligence liaison relationships with intelligence, security, and law enforcement services of foreign governments or international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.
(h) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE COAST GUARD. The Commandant of the Coast Guard shall:
(1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence including defense and defense-related information and intelligence to support national and departmental missions;
(2) Conduct counterintelligence activities;
(3) Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and
(4) Conduct foreign intelligence liaison relationships and intelligence exchange programs with foreign intelligence services, security services or international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and, when operating as part of the Department of Defense, 1.10(i) of this order.
(i) THE BUREAU OF INTELLIGENCE AND RESEARCH, DEPARTMENT OF STATE; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF THE TREASURY; THE OFFICE OF NATIONAL SECURITY INTELLIGENCE, DRUG ENFORCEMENT ADMINISTRATION; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The heads of the Bureau of Intelligence and Research, Department of State; the Office of Intelligence and Analysis, Department of the Treasury; the Office of National Security Intelligence, Drug Enforcement Administration; the Office of Intelligence and Analysis, Department of Homeland Security; and the Office of Intelligence and Counterintelligence, Department of Energy shall:
(1) Collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to support national and departmental missions; and
(2) Conduct and participate in analytic or information exchanges with foreign partners and international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.
(j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. The Director shall collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to support the missions of the Office of the Director of National Intelligence, including the National Counterterrorism Center, and to support other national missions.
In addition to the authorities exercised by the Bureau of Intelligence and Research under sections 1.4 and 1.7(i) of this order, the Secretary of State shall:
(a) Collect (overtly or through publicly available sources) information relevant to United States foreign policy and national security concerns;
(b) Disseminate, to the maximum extent possible, reports received from United States diplomatic and consular posts;
(c) Transmit reporting requirements and advisory taskings of the Intelligence Community to the Chiefs of United States Missions abroad; and
(d) Support Chiefs of United States Missions in discharging their responsibilities pursuant to law and presidential direction.
In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of the Treasury under sections 1.4 and 1.7(i) of this order the Secretary of the Treasury shall collect (overtly or through publicly available sources) foreign financial information and, in consultation with the Department of State, foreign economic information.
The Secretary of Defense shall:
(a) Collect (including through clandestine means), analyze, produce, and disseminate information and intelligence and be responsive to collection tasking and advisory tasking by the Director;
(b) Collect (including through clandestine means), analyze, produce, and disseminate defense and defense-related intelligence and counterintelligence, as required for execution of the Secretary’s responsibilities;
(c) Conduct programs and missions necessary to fulfill national, departmental, and tactical intelligence requirements;
(d) Conduct counterintelligence activities in support of Department of Defense components and coordinate counterintelligence activities in accordance with section 1.3(b)(20) and (21) of this order;
(e) Act, in coordination with the Director, as the executive agent of the United States Government for signals intelligence activities;
(f) Provide for the timely transmission of critical intelligence, as defined by the Director, within the United States Government;
(g) Carry out or contract for research, development, and procurement of technical systems and devices relating to authorized intelligence functions;
(h) Protect the security of Department of Defense installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary;
(i) Establish and maintain defense intelligence relationships and defense intelligence exchange programs with selected cooperative foreign defense establishments, intelligence or security services of foreign governments, and international organizations, and ensure that such relationships and programs are in accordance with sections 1.3(b)(4), 1.3(b)(21) and 1.7(a)(6) of this order;
(j) Conduct such administrative and technical support activities within and outside the United States as are necessary to provide for cover and proprietary arrangements, to perform the functions described in [sub]sections (a) though [sic] (i) above, and to support the Intelligence Community elements of the Department of Defense; and
(k) Use the Intelligence Community elements within the Department of Defense identified in section 1.7(b) through (f) and, when the Coast Guard is operating as part of the Department of Defense, (h) above to carry out the Secretary of Defense’s responsibilities assigned in this section or other departments, agencies, or offices within the Department of Defense, as appropriate, to conduct the intelligence missions and responsibilities assigned to the Secretary of Defense.
In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of Homeland Security under sections 1.4 and 1.7(i) of this order, the Secretary of Homeland Security shall conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President or the Vice President of the United States, the Executive Office of the President, and, as authorized by the Secretary of Homeland Security or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General.
In addition to the authorities exercised by the Office of Intelligence and Counterintelligence of the Department of Energy under sections 1.4 and 1.7(i) of this order, the Secretary of Energy shall:
(a) Provide expert scientific, technical, analytic, and research capabilities to other agencies within the Intelligence Community, as appropriate;
(b) Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and
(c) Participate with the Department of State in overtly collecting information with respect to foreign energy matters.
In addition to the authorities exercised by the intelligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1.4 and 1.7(g) of this order and under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the Federal Bureau of Investigation shall provide technical assistance, within or outside the United States, to foreign intelligence and law enforcement services, consistent with section 1.3(b)(20) and (21) of this order, as may be necessary to support national or departmental missions.
Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to informed decisionmaking in the areas of national security, national defense, and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative, and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded.
This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities, the spread of weapons of mass destruction, and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consistent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency.
Elements of the Intelligence Community are authorized to collect, retain, or disseminate information concerning United States persons only in accordance with procedures established by the head of the Intelligence Community element concerned or by the head of a department containing such element and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order, after consultation with the Director. Those procedures shall permit collection, retention, and dissemination of the following types of information:
(a) Information that is publicly available or collected with the consent of the person concerned;
(b) Information constituting foreign intelligence or counterintelligence, including such information concerning corporations or other commercial organizations. Collection within the United States of foreign intelligence not otherwise obtainable shall be undertaken by the Federal Bureau of Investigation (FBI) or, when significant foreign intelligence is sought, by other authorized elements of the Intelligence Community, provided that no foreign intelligence collection by such elements may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons;
(c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international drug, or international terrorism investigation;
(d) Information needed to protect the safety of any persons or organizations, including those who are targets, victims, or hostages of international terrorist organizations;
(e) Information needed to protect foreign intelligence or counterintelligence sources, methods, and activities from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other elements of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence element contractors or their present or former employees, or applicants for any such employment or contracting;
(f) Information concerning persons who are reasonably believed to be potential sources or contacts for the purpose of determining their suitability or credibility;
(g) Information arising out of a lawful personnel, physical, or communications security investigation;
(h) Information acquired by overhead reconnaissance not directed at specific United States persons;
(i) Incidentally obtained information that may indicate involvement in activities that may violate Federal, state, local, or foreign laws; and
(j) Information necessary for administrative purposes.
In addition, elements of the Intelligence Community may disseminate information to each appropriate element within the Intelligence Community for purposes of allowing the recipient element to determine whether the information is relevant to its responsibilities and can be retained by it, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in accordance with procedures established by the Director in coordination with the Secretary of Defense and approved by the Attorney General.
Elements of the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Elements of the Intelligence Community are not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element concerned and approved by the Attorney General, after consultation with the Director. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize:
(a) The Central Intelligence Agency (CIA) to engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance;
(b) Unconsented physical searches in the United States by elements of the Intelligence Community other than the FBI, except for:
(1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and
(2) Searches by CIA of personal property of non-United States persons lawfully in its possession;
(c) Physical surveillance of a United States person in the United States by elements of the Intelligence Community other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or former intelligence element contractors or their present or former employees, or applicants for any such employment or contracting; and
(2) Physical surveillance of a military person employed by a nonintelligence element of a military service; and
(d) Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means.
The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. The authority delegated pursuant to this paragraph, including the authority to approve the use of electronic surveillance as defined in the Foreign Intelligence Surveillance Act of 1978, as amended, shall be exercised in accordance with that Act.
Elements of the Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the purpose of protecting the employees, information, property, and facilities of any element within the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency, or, when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the general counsel of the providing element or department; and
(d) Render any other assistance and cooperation to law enforcement or other civil authorities not precluded by applicable law.
Elements of the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution.
Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States.
No one acting on behalf of elements of the Intelligence Community may join or otherwise participate in any organization in the United States on behalf of any element of the Intelligence Community without disclosing such person’s intelligence affiliation to appropriate officials of the organization, except in accordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element and approved by the Attorney General, after consultation with the Director. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the Intelligence Community element head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in cases where:
(a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or
(b) The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power.
No element of the Intelligence Community shall sponsor, contract for, or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject’s informed consent shall be documented as required by those guidelines.
No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.
No element of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order.
No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.
The duties and responsibilities of the Director and the heads of other departments, agencies, elements, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be implemented in accordance with applicable law, including title V of the Act [50 U.S.C. 3091 et seq.]. The requirements of applicable law, including title V of the Act, shall apply to all covert action activities as defined in this Order.
The President, supported by the NSC, and the Director shall issue such appropriate directives, procedures, and guidance as are necessary to implement this order. Heads of elements within the Intelligence Community shall issue appropriate procedures and supplementary directives consistent with this order. No procedures to implement Part 2 of this order shall be issued without the Attorney General’s approval, after consultation with the Director. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an element in the Intelligence Community (or the head of the department containing such element) other than the FBI. In instances where the element head or department head and the Attorney General are unable to reach agreements on other than constitutional or other legal grounds, the Attorney General, the head of department concerned, or the Director shall refer the matter to the NSC.
The activities herein authorized that require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order 12333. New procedures, as required by Executive Order 12333, as further amended, shall be established as expeditiously as possible. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
References to “Senior Officials of the Intelligence Community” or “SOICs” in executive orders or other Presidential guidance, shall be deemed references to the heads of elements in the Intelligence Community, unless the President otherwise directs; references in Intelligence Community or Intelligence Community element policies or guidance, shall be deemed to be references to the heads of elements of the Intelligence Community, unless the President or the Director otherwise directs.
For the purposes of this Order, the following terms shall have these meanings:
(a) Counterintelligence means information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or their agents, or international terrorist organizations or activities.
(b) Covert action means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include:
(1) Activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;
(2) Traditional diplomatic or military activities or routine support to such activities;
(3) Traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or
(4) Activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.
(c) Electronic surveillance means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter.
(d) Employee means a person employed by, assigned or detailed to, or acting for an element within the Intelligence Community.
(e) Foreign intelligence means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, foreign persons, or international terrorists.
(f) Intelligence includes foreign intelligence and counterintelligence.
(g) Intelligence activities means all activities that elements of the Intelligence Community are authorized to conduct pursuant to this order.
(h) Intelligence Community and elements of the Intelligence Community refers to:
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) The other offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;
(8) The intelligence and counterintelligence elements of the Army, the Navy, the Air Force, and the Marine Corps;
(9) The intelligence elements of the Federal Bureau of Investigation;
(10) The Office of National Security Intelligence of the Drug Enforcement Administration;
(11) The Office of Intelligence and Counterintelligence of the Department of Energy;
(12) The Bureau of Intelligence and Research of the Department of State;
(13) The Office of Intelligence and Analysis of the Department of the Treasury;
(14) The Office of Intelligence and Analysis of the Department of Homeland Security;
(15) The intelligence and counterintelligence elements of the Coast Guard; and
(16) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director and the head of the department or agency concerned, as an element of the Intelligence Community.
(i) National Intelligence and Intelligence Related to National Security means all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that pertains, as determined consistent with any guidance issued by the President, or that is determined for the purpose of access to information by the Director in accordance with section 1.3(a)(1) of this order, to pertain to more than one United States Government agency; and that involves threats to the United States, its people, property, or interests; the development, proliferation, or use of weapons of mass destruction; or any other matter bearing on United States national or homeland security.
(j) The National Intelligence Program means all programs, projects, and activities of the Intelligence Community, as well as any other programs of the Intelligence Community designated jointly by the Director and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.
(k) United States person means a United States citizen, an alien known by the intelligence element concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
Executive Orders 13354 and 13355 of August 27, 2004, are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1 supersede provisions within Executive Order 12958, as amended, to the extent such provisions in Executive Order 12958, as amended, are inconsistent with this Order.
(a) Consistent with section 1.3(c) of this order, nothing in this order shall be construed to impair or otherwise affect:
(1) Authority granted by law to a department or agency, or the head thereof; or
(2) Functions of the Director of the Office of Management and Budget relating to budget, 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 intended only to improve the internal management of the executive branch and 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.
[For provisions relating to consideration of Commandant and Assistant Commandant for Intelligence of the Coast Guard as a “Senior Official of the Intelligence Community” for purposes of Ex. Ord. No. 12333, set out above, and all other relevant authorities, see Ex. Ord. No. 13286, § 87, Feb. 28, 2003, 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Security.]
Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, provided:
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[, and] the Director of National Intelligence
Subsection 1097(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458, December 17, 2004) (the Act) [set out in a note above] provides:
(a) IN GENERAL- Except as otherwise expressly provided in this Act, this title and the amendments made by this title shall take effect not later than 6 months after the date of the enactment of this Act.
Subsection 1097(a) clearly contemplates that one or more of the provisions in Title I of the Act may take effect earlier than the date that is 6 months after the date of enactment of the Act, but does not state explicitly the mechanism for determining when such earlier effect shall occur, leaving it to the President in the execution of the Act. Moreover, given that section 1097(a) evinces a legislative intent to afford the President flexibility, and such flexibility is constitutionally appropriate with respect to intelligence matters (see United States v. Curtiss-Wright Export Corporation, 299 U.S. 304 (1936)), the executive branch shall construe section 1097(a) to authorize the President to select different effective dates that precede the 6-month deadline for different provisions in Title I.
Therefore, pursuant to the Constitution and the laws of the United States of America, including subsection 1097(a) of the Act, I hereby determine and direct:
1. Sections 1097(a) and 1103 of the Act [set out in notes above], relating respectively to effective dates of provisions and to severability, shall take effect immediately upon the signing of this memorandum to any extent that they have not already taken effect.
2. Provisions in Title I of the Act other than those addressed in numbered paragraph 1 of this memorandum shall take effect immediately upon the signing of this memorandum, except:
(a) any provision in Title I of the Act for which the Act expressly provides the date on which the provision shall take effect; and
(b) sections 1021 and 1092 of the Act [enacting section 3056 of this title and provisions set out in a note above, respectively], relating to the National Counterterrorism Center.
The taking of effect of a provision pursuant to section 1097(a) of the Act and this memorandum shall not affect the construction of such provision by the executive branch as set forth in my Statement of December 17, 2004, upon signing the Act into law.
The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
In enacting this chapter, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to provide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff.
As used in this chapter:
The term “intelligence” includes foreign intelligence and counterintelligence.
The term “foreign intelligence” means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
The term “counterintelligence” means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
The term “intelligence community” includes the following:
The Office of the Director of National Intelligence.
The Central Intelligence Agency.
The National Security Agency.
The Defense Intelligence Agency.
The National Geospatial-Intelligence Agency.
The National Reconnaissance Office.
Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.
The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy.
The Bureau of Intelligence and Research of the Department of State.
The Office of Intelligence and Analysis of the Department of the Treasury.
The Office of Intelligence and Analysis of the Department of Homeland Security.
Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
The terms “national intelligence” and “intelligence related to national security” refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that—
pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and
that involves—
threats to the United States, its people, property, or interests;
the development, proliferation, or use of weapons of mass destruction; or
any other matter bearing on United States national or homeland security.
The term “National Intelligence Program” refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of National Intelligence and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.
The term “congressional intelligence committees” means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of Title 22.
Pub. L. 119–60, div. F, § 6002, Dec. 18, 2025, 139 Stat. 1608, provided that:
“In this division [div. F (§§6001–6806) of Pub. L. 119–60 , see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).”
Pub. L. 118–159, div. F, § 6002, Dec. 23, 2024, 138 Stat. 2469, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given such term in such section.”
Pub. L. 118–31, div. G, § 7002, Dec. 22, 2023, 137 Stat. 1021, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given such term in such section 3.”
Pub. L. 117–263, div. F, § 6002, Dec. 23, 2022, 136 Stat. 3496, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given such term in such section.”
Pub. L. 117–103, div. X, § 2, Mar. 15, 2022, 136 Stat. 963, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and “(B) the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).”
Pub. L. 116–260, div. W, § 2, Dec. 27, 2020, 134 Stat. 2362, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and “(B) the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).”
Pub. L. 116–92, div. E, § 5003, Dec. 20, 2019, 133 Stat. 2115, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).”
Pub. L. 115–31, div. N, § 2, May 5, 2017, 131 Stat. 807, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ).”
Pub. L. 114–113, div. M, § 2, Dec. 18, 2015, 129 Stat. 2910, provided that:
“In this division [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ).”
Pub. L. 113–293, § 2, Dec. 19, 2014, 128 Stat. 3991, provided that:
“In this Act [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ).”
Pub. L. 113–126, § 2, July 7, 2014, 128 Stat. 1391, provided that:
“In this Act [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ).”
Pub. L. 112–87, § 2, Jan. 3, 2012, 125 Stat. 1877, provided that:
“In this Act [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ) [now 50 U.S.C. 3003(4) ].”
Pub. L. 112–18, § 2, June 8, 2011, 125 Stat. 224, provided that:
“In this Act [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ) [now 50 U.S.C. 3003(4) ].”
Pub. L. 111–259, § 2, Oct. 7, 2010, 124 Stat. 2656, provided that:
“In this Act [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ) [now 50 U.S.C. 3003(4) ].”
The term “Department of the Army” as used in this chapter shall be construed to mean the Department of the Army at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Army.
The term “Department of the Navy” as used in this chapter shall be construed to mean the Department of the Navy at the seat of the government; the headquarters, United States Marine Corps; the entire operating forces of the United States Navy, including naval aviation, and of the United States Marine Corps, including the reserve components of such forces; all field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Department of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law.
The term “Department of the Air Force” as used in this chapter shall be construed to mean the Department of the Air Force at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Air Force.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Except to the extent inconsistent with the provisions of this chapter or other provisions of law, the provisions of title 5 shall be applicable to the Department of Defense.
SUBCHAPTER I— COORDINATION FOR NATIONAL SECURITY
There is a council known as the National Security Council (in this section referred to as the “Council”).
Consistent with the direction of the President, the functions of the Council shall be to—
advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the Armed Forces and the other departments and agencies of the United States Government to cooperate more effectively in matters involving the national security;
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;
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
coordinate, without assuming operational authority, the United States Government response to malign foreign influence operations and campaigns.
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.
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.
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.
The Council shall have a staff headed by a civilian executive secretary appointed by the President.
Consistent with the direction of the President and subject to paragraph (3), the executive secretary may, subject to the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5, appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the President in connection with performance of the functions of the Council.
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.
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 section 6402 of title 22 ), and making policy recommendations. The Special Adviser should serve as liaison with the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, Congress and, as advisable, religious nongovernmental organizations.
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.
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.
The congressional committees specified in this subparagraph are the following:
The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.
The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
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.
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.
Pub. L. 114–328, div. A, title X, § 1085(b), Dec. 23, 2016, 130 Stat. 2423, provided that:
“The limitation on the number of professional staff of the National Security Council specified in subsection (e)(3) of section 101 of the National Security Act of 1947 [ 50 U.S.C. 3021(e)(3) ], as amended by subsection (a) of this section, shall take effect on the date that is 18 months after the date of the enactment of this Act [ Dec. 23, 2016 ].”
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 100–690 effective Jan. 21, 1989, and repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100–690.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
Pub. L. 115–44, title II, § 274(b), Aug. 2, 2017, 131 Stat. 938, provided that:
“The amendment made by subsection (a) [amending this section] may not be construed to authorize the National Security Council to have a professional staff level that exceeds the limitation set forth under section 101(e)(3) of the National Security Act of 1947 ( 50 U.S.C. 3021(e)(3) ).”
For rule of construction for certain duplicate provisions of Public Laws 99–500, 99–591, and 99–661, see section 6 of Pub. L. 100–26, set out as a note under section 101 of Title 10, Armed Forces.
Repeals by section 542(a) of Mutual Security Act of 1954 did not repeal amendment to this section by act Oct. 10, 1951.
Pub. L. 115–232, div. A, title X, § 1043(c), Aug. 13, 2018, 132 Stat. 1958, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Aug. 13, 2018 ], the President shall designate the employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns pursuant to subsection (g)(1) of section 101 of the National Security Act of 1947 ( 50 U.S.C. 3021 ), as added by subsection (a)(2).”
Pub. L. 108–375, div. A, title IX, § 922, Oct. 28, 2004, 118 Stat. 2029, which authorized the Director of the National Security Agency to carry out a pilot program on cryptologic service training for the intelligence community, was repealed by Pub. L. 111–259, title III, § 313(b)(1)(C), Oct. 7, 2010, 124 Stat. 2666.
Office of Director for Mutual Security abolished and functions of Director, including those as a member of National Security Council, transferred to Director of Foreign Operations Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out in the Appendix to Title 5, Government Organization and Employees. Foreign Operations Administration abolished by Ex. Ord. No. 10610, May 9, 1955, 20 F.R. 3179, and its functions and offices transferred to Department of State to be administered by International Cooperation Administration. For later transfer, see section 2381 of Title 22, Foreign Relations and Intercourse, and notes set out under that section.
National Security Resources Board, together with Office of Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out under former section 3042 of this title. Functions of Chairman with limited exception, including his functions as a member of National Security Council transferred to Office of Defense Mobilization by section 2(a) of Reorg. Plan No. 3 of 1953. Functions of Director of Office of Defense Mobilization with respect to being a member of National Security Council transferred to Director of Office of Civil and Defense Mobilization by Reorg. Plan No. 1 of 1958, § 4, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended by Pub. L. 85–763, Aug. 26, 1958, 72 Stat. 861, set out as a note under section 5195 of Title 42, The Public Health and Welfare. For subsequent transfers or delegations to Office of Emergency Planning, Office of Emergency Preparedness, President, Federal Preparedness Agency, and Secretary of Homeland Security, see Transfer of Functions notes set out under former section 3042 of this title.
Munitions Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Government Organization and Employees. All functions vested in Munitions Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953.
Research and Development Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Government Organization and Employees. Functions vested in Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953.
National Security Council, together with its functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 20, 1949, 14 F.R. 5227, 63 Stat. 1067, set out in the Appendix to Title 5, Government Organization and Employees.
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:
Section 1. Report. National security departments and agencies shall prepare for the President a formal report that describes key legal and policy frameworks that currently guide the United States use of military force and related national security operations, with a view toward the report being released to the public.
Sec. 2. Keeping the Public Informed. On no less than an annual basis, the National Security Council staff shall be asked to, as appropriate, coordinate a review and update of the report described in section 1 of this memorandum, provide any updated report to the President, and arrange for the report to be released to the public.
Sec. 3. Definitions. For the purposes of this memorandum:
“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.
Sec. 4. Publication. The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
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, 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 50 U.S.C. 3021, who is also the Chief of Staff. All policy and staff activity decisions will be transmitted to the Executive Secretary for appropriate distribution and awareness. The purpose of the staff is to advise the President, the National Security Advisor, the Homeland Security Advisor, the NSC members, the HSC members, and others in the White House; to facilitate the implementation of Administration policy; and to help coordinate the national-security-related activities of the executive departments and agencies.
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.
There is a Joint Intelligence Community Council.
The Joint Intelligence Community Council shall consist of the following:
The Director of National Intelligence, who shall chair the Council.
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.
Such other officers of the United States Government as the President may designate from time to time.
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—
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
ensuring the timely execution of programs, policies, and directives established or developed by the Director.
The Director of National Intelligence shall convene meetings of the Joint Intelligence Community Council as the Director considers appropriate.
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.
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.
Any member of the Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such member considers appropriate.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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.
The Director of National Intelligence shall not be located within the Executive Office of the President.
Subject to the authority, direction, and control of the President, the Director of National Intelligence shall—
serve as head of the intelligence community;
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
consistent with section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program.
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.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 113–126, title III, § 314, July 7, 2014, 128 Stat. 1399, provided that:
“Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act [see Tables for classification]. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees.”
[For definition of “congressional intelligence committees” as used in section 314 of Pub. L. 113–126, set out above, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.]
Pub. L. 108–458, title I, § 1018, Dec. 17, 2004, 118 Stat. 3670, provided that:
“The President shall issue guidelines to ensure the effective implementation and execution within the executive branch of the authorities granted to the Director of National Intelligence by this title [see Tables for classification] and the amendments made by this title, in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments of the United States Government concerning such departments, including, but not limited to: “(1) the authority of the Director of the Office of Management and Budget; and “(2) the authority of the principal officers of the executive departments as heads of their respective departments, including, but not limited to, under— “(A) section 199 of the Revised Statutes ( 22 U.S.C. 2651 ); “(B) title II of the Department of Energy Organization Act ( 42 U.S.C. 7131 et seq.); “(C) the State Department Basic Authorities Act of 1956 [ Act Aug. 1, 1956, ch. 841 , see Tables for classification]; “(D) section 102(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 112(a) ); and “(E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31, United States Code.”
Pub. L. 108–177, title III, § 357, Dec. 13, 2003, 117 Stat. 2621, as amended by Pub. L. 108–458, title I, § 1071(g)(3)(A)(vi), Dec. 17, 2004, 118 Stat. 3692, required Director of National Intelligence to submit report to Congress, not later than one year after Dec. 13, 2003, on intelligence lessons learned as a result of Operation Iraqi Freedom.
Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90–539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91–185, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91–626, §§ 1–6, Dec. 31, 1970, 84 Stat. 1872–1874; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 93–210, § 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94–361, title VIII, § 801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94–522, title I, §§ 101, 102, title II, §§ 201–213, Oct. 17, 1976, 90 Stat. 2467–2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97–269, title VI, §§ 602–611, Sept. 27, 1982, 96 Stat. 1145–1148, 1152–1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98–618, title III, § 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99–169, title VII, § 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, §§ 501–506, June 6, 1986, 100 Stat. 622–624; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–569, title III, § 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100–178, title IV, §§ 401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 1012–1014; Pub. L. 100–453, title III, § 302(a), (b)(1), (c)(1), (d)(1), (2), title V, § 502, Sept. 29, 1988, 102 Stat. 1906, 1907, 1909; Pub. L. 101–193, title III, §§ 302–304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–88, title III, §§ 302–305(a), 306–307(b), Aug. 14, 1991, 105 Stat. 431–433; Pub. L. 102–183, title III, §§ 302(a)–(c), 303(a), 304–306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262–1266; Pub. L. 102–496, title III, § 304(b), Oct. 24, 1992, 106 Stat. 3183, known as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, was revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196. As so revised, Pub. L. 88–643, now known as the Central Intelligence Agency Retirement Act, has been transferred to chapter 38 (§ 2001 et seq.) of this title. All notes, Executive orders, and other provisions relating to this Act have been transferred to section 2001 of this title.
The Director of National Intelligence shall be responsible for ensuring that national intelligence is provided—
to the President;
to the heads of departments and agencies of the executive branch;
to the Chairman of the Joint Chiefs of Staff and senior military commanders;
to the Senate and House of Representatives and the committees thereof; and
to such other persons as the Director of National Intelligence determines to be appropriate.
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.
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.
With respect to budget requests and appropriations for the National Intelligence Program, the Director of National Intelligence shall—
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;
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
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.
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.
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.
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.
The Director of National Intelligence shall ensure the effective execution of the annual budget for intelligence and intelligence-related activities.
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.
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.
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.
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.
Apportionment and allotment of funds under this subsection shall be subject to chapter 13 and section 1517 of title 31 and the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
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.
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.
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.
Subject to the succeeding provisions of this subsection, the Director of National Intelligence may transfer or reprogram funds appropriated for a program within the National Intelligence Program—
to another such program;
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
to a program funded by appropriations not within the National Intelligence Program to address critical gaps in intelligence information sharing or access capabilities.
The Director of National Intelligence may only transfer or reprogram funds referred to in paragraph (1)(A)—
with the approval of the Director of the Office of Management and Budget; and
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.
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.
A transfer or reprogramming of funds may be made under this subsection only if—
the funds are being transferred to an activity that is a higher priority intelligence activity;
the transfer or reprogramming supports an emergent need, improves program effectiveness, or increases efficiency;
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;
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—
that is less than $150,000,000, and
that is less than 5 percent of amounts available to a department or agency under the National Intelligence Program; and
the transfer or reprogramming does not terminate an acquisition program.
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.
Funds transferred or reprogrammed under this subsection shall remain available for the same period as the appropriations account to which transferred or reprogrammed.
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.
The Director of National Intelligence shall—
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;
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—
approving requirements (including those requirements responding to needs provided by consumers) for collection and analysis; and
resolving conflicts in collection requirements and in the tasking of national collection assets of the elements of the intelligence community; and
provide advisory tasking to intelligence elements of those agencies and departments not within the National Intelligence Program.
The authority of the Director of National Intelligence under subparagraph (A) shall not apply—
insofar as the President so directs;
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
The Director of National Intelligence shall oversee the National Counterterrorism Center, the National Counterproliferation Center, and the National Counterintelligence and Security Center.
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—
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;
set standards for education, training, and career development of personnel of the intelligence community;
encourage and facilitate the recruitment and retention by the intelligence community of highly qualified individuals for the effective conduct of intelligence activities;
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;
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
ensure the effective management of intelligence community personnel who are responsible for intelligence community-wide matters.
Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies otherwise applicable to members of the uniformed services.
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.
The Director of National Intelligence shall ensure the elimination of waste and unnecessary duplication within the intelligence community.
The Director of National Intelligence shall establish requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic surveillance or physical searches under that Act is disseminated so it may be used efficiently and effectively for national intelligence purposes, except that the Director shall have no authority to direct or undertake electronic surveillance or physical search operations pursuant to that Act unless authorized by statute or Executive order.
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.
The Director of National Intelligence, in consultation with the Attorney General, shall establish guidelines and procedures for conducting an accountability review under subparagraph (A).
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.
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.
The requirements of this paragraph shall not be construed to limit any authority of the Director of National Intelligence under subsection (l) or with respect to supervision of the Central Intelligence Agency.
The Director of National Intelligence shall—
conduct assessments and audits of the compliance of each element of the intelligence community with minimum insider threat policy;
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;
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;
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;
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;
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 within the Department of Defense; and
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.
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.
The Director of National Intelligence shall perform such other intelligence-related functions as the President may direct, and upon receiving any such direction, the Director shall notify the congressional intelligence committees immediately in writing with a description of such other intelligence-related functions directed by the President.
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 [50 U.S.C. 1801 et seq.].
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—
establish uniform security standards and procedures;
establish common information technology standards, protocols, and interfaces;
ensure development of information technology systems that include multi-level security and intelligence integration capabilities;
establish policies and procedures to resolve conflicts between the need to share intelligence information and the need to protect intelligence sources and methods;
develop an enterprise architecture for the intelligence community and ensure that elements of the intelligence community comply with such architecture;
have procurement approval authority over all enterprise architecture-related information technology items funded in the National Intelligence Program; and
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—
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
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.
The President shall ensure that the Director of National Intelligence has all necessary support and authorities to fully and effectively implement paragraph (1).
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.
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.
To ensure the most accurate analysis of intelligence is derived from all sources to support national security needs, the Director of National Intelligence shall—
implement policies and procedures—
to require sound analytic methods and tradecraft, independent of political considerations, throughout the elements of the intelligence community;
to ensure that analysis is based upon all sources available; and
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;
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;
ensure that substantial differences in analytic judgment are fully considered, brought to the attention of policymakers, and documented in analytic products; and
ensure that sufficient relationships are established between intelligence collectors and analysts to facilitate greater understanding of the needs of analysts.
The Director of National Intelligence shall protect, and shall establish and enforce policies to protect, intelligence sources and methods from unauthorized disclosure.
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:
Classification of information under applicable law, Executive orders, or other Presidential directives.
Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
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.
The Director may only delegate a duty or authority given the Director under this subsection to the Principal Deputy Director of National Intelligence.
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.
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.
The Director of National Intelligence, subject to the direction of the President, shall—
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;
ensure the consistent implementation of those standards and procedures throughout such agencies and departments;
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;
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;
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
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.
Under the direction of the President and in a manner consistent with section 3927 of title 22 , the Director of National Intelligence shall oversee the coordination of the relationships between elements of the intelligence community and the intelligence or security services of foreign governments or international organizations on all matters involving intelligence related to the national security or involving intelligence acquired through clandestine means.
The Director of National Intelligence shall, under regulations prescribed by the Director, provide incentives for personnel of elements of the intelligence community to serve—
on the staff of the Director of National Intelligence;
on the staff of the national intelligence centers;
on the staff of the National Counterterrorism Center; and
in other positions in support of the intelligence community management functions of the Director.
Incentives under subparagraph (A) may include financial incentives, bonuses, and such other awards and incentives as the Director considers appropriate.
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.
The Director may prescribe regulations to carry out this paragraph.
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.
The mechanisms prescribed under subparagraph (A) may include the following:
The establishment of special occupational categories involving service, over the course of a career, in more than one element of the intelligence community.
The provision of rewards for service in positions undertaking analysis and planning of operations involving two or more elements of the intelligence community.
The establishment of requirements for education, training, service, and evaluation for service involving more than one element of the intelligence community.
It is the sense of Congress that the mechanisms prescribed under this subsection should, to the extent practical, seek to duplicate for civilian personnel within the intelligence community the joint officer management policies established by chapter 38 of title 10 and the other amendments made by title IV of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433).
The mechanisms prescribed under subparagraph (A) and any other policies of the Director—
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
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.
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.
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.
The personnel policies and programs developed and implemented under this subsection with respect to law enforcement officers (as that term is defined in section 5541(3) of title 5) shall not affect the ability of law enforcement entities to conduct operations or, through the applicable chain of command, to control the activities of such law enforcement officers.
Assignment to the Office of the Director of National Intelligence of commissioned officers of the Armed Forces shall be considered a joint-duty assignment for purposes of the joint officer management policies prescribed by chapter 38 of title 10 and other provisions of that title.
In addition to the authorities under subsection (f)(3),1 the Director of National Intelligence may exercise with respect to the personnel of the Office of the Director of National Intelligence any authority of the Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency under the Central Intelligence Agency Act of 1949 [50 U.S.C. 3501 et seq.], and other applicable provisions of law, as of December 17, 2004, to the same extent, and subject to the same conditions and limitations, that the Director of the Central Intelligence Agency may exercise such authority with respect to personnel of the Central Intelligence Agency, including with respect to the notification requirement under section 8(c) of such Act (50 U.S.C. 3510(c)).
Employees and applicants for employment of the Office of the Director of National Intelligence shall have the same rights and protections under the Office of the Director of National Intelligence as employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949 [50 U.S.C. 3501 et seq.], and other applicable provisions of law, as of December 17, 2004.
In carrying out the responsibilities and authorities under this section, the Director of National Intelligence may exercise the acquisition and appropriations authorities referred to in the Central Intelligence Agency Act of 1949 [50 U.S.C. 3501 et seq.] other than the authorities referred to in section 8(b) of that Act [50 U.S.C. 3510(b)].
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.
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.
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).
The limitations and conditions set forth in section 3(d) of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3503(d)] shall apply to the exercise by the Director of National Intelligence of an authority referred to in paragraph (1).
Each determination or decision required by an authority referred to in the second sentence of section 3(d) of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3503(d)] shall be based upon written findings made by the official making such determination or decision, which findings shall be final and shall be available within the Office of the Director of National Intelligence for a period of at least six years following the date of such determination or decision.
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 [50 U.S.C. 3503, 3510(a)] for an acquisition by such element that is more than 50 percent funded under the National Intelligence Program.
The head of an element of the intelligence community may not exercise an authority referred to in subparagraph (A) until—
the head of such element (without delegation) submits to the Director of National Intelligence a written request that includes—
a description of such authority requested to be exercised;
an explanation of the need for such authority, including an explanation of the reasons that other authorities are insufficient; and
a certification that the mission of such element would be—
impaired if such authority is not exercised; or
significantly and measurably enhanced if such authority is exercised; and
the Director of National Intelligence issues a written authorization that includes—
a description of the authority referred to in subparagraph (A) that is authorized to be exercised; and
a justification to support the exercise of such authority.
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).
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.
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.
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.
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.
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.
The Director of National Intelligence shall submit—
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
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.
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.
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 (50 U.S.C. 3510) is subject to the notification requirement under subsection (c) of such section, including the guidance issued under paragraph (2) of such subsection (c). If the Director of National Intelligence is required to make a notification for a specific expenditure pursuant to both this paragraph and paragraph (4)(G), the Director may make a single notification.
The Director shall delegate the authorities provided by subparagraph (A) to the heads of elements of the intelligence community.
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.
For purposes of this paragraph, the limitation in section 4022(a)(1) of title 10 shall not apply to elements of the intelligence community.
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.
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—
identify appropriate officials who can make the determinations required in subparagraph (B)(i) of such section for the intelligence community; and
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.
For purposes of this paragraph, the limitation in section 4022(a)(3) of such title shall not apply to elements of the intelligence community.
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”.
For purposes of this paragraph, the limitations in section 4022(d)(2) of such title shall not apply to elements of the intelligence community.
In addition to the follow-on production contract criteria in section 4022(f)(2) of such title, the following additional criteria shall apply:
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.
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.
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.
The award follows a documented market analysis as mandated by the Federal Acquisition Regulations surveying available and comparable products.
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)—
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;
there are mechanisms in place for the participants to provide timely updates to the production product; and
the authority specified in section 4022(f)(5) of such title shall be exercised by the Director in lieu of the Secretary of Defense.
The Director, in consultation with the heads of the elements of the intelligence community, shall—
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);
periodically review and update the policy established under clause (i); and
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).
Not less frequently than annually, the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report detailing the use by the intelligence community of the authority provided by this paragraph.
Each report required by clause (i) shall detail the following:
The number of transactions.
The participants to such transactions.
The purpose of the transaction.
The amount of each transaction.
Concerns with the efficiency of the policy.
Any recommendations for how to improve the process.
Each report required by clause (i) may describe such transactions which have been awarded follow-on production contracts either pursuant to the authority provided by this paragraph or another acquisition authority available to the 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.
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.
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 section 3043a of this title and the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of such programs and activities).
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).
For each intelligence program within the National Intelligence Program for the acquisition of a major system, the Director of National Intelligence shall—
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;
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
periodically—
review and assess the progress made toward the achievement of the goals and milestones established in such plan; and
submit to Congress a report on the results of such review and assessment.
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.
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.
In this subsection:
The term “intelligence program”, with respect to the acquisition of a major system, means a program that—
is carried out to acquire such major system for an element of the intelligence community; and
is funded in whole out of amounts available for the National Intelligence Program.
The term “major system” has the meaning given such term in section 109 of title 41.
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.
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.
Authority under this subsection may be granted or exercised only—
with respect to a position that requires an extremely high level of expertise and is critical to successful accomplishment of an important mission; and
to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
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 section 5313 of title 5, except upon written approval of the Director of National Intelligence or as otherwise authorized by law.
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 section 5312 of title 5, except upon written approval of the President in response to a request by the Director of National Intelligence or as otherwise authorized by law.
Any grant of authority under this subsection for a position shall terminate at the discretion of the Director of National Intelligence.
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.
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.
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 section 4507 of title 5.
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).
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.
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—
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
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.
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.
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.
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.
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.
The Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, shall—
ensure that—
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
each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards;
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
ensure that the insider threat detection capabilities and insider threat policies of the intelligence community, including the policy under subsection (e)(8), apply to facilities of contractors with access to a classified network.
The Director of National Intelligence may engage in fundraising in an official capacity for the benefit of nonprofit organizations that—
provide support to surviving family members of a deceased employee of an element of the intelligence community; or
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.
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.
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.
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.
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.
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—
describe the operational impact of the investment on the intelligence community, including with respect to counterintelligence; and
describe any actions that have been or will be taken to mitigate such impact.
In this subsection:
The term “a review or an investigation of any proposed investment into the United States for which the Director has prepared analytic materials” includes a review, investigation, assessment, or analysis conducted by the Director pursuant to section 7 or 10(g) of Executive Order 13913 (85 Fed. Reg. 19643; relating to Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector), or successor order.
The term “investment” includes any activity reviewed, investigated, assessed, or analyzed by the Director pursuant to section 7 or 10(g) of Executive Order 13913, or successor order.
Pub. L. 114–113, div. M, title I, § 105(b), Dec. 18, 2015, 129 Stat. 2912, provided that:
“The amendments made by subsection (a) [amending this section] shall apply with respect to an appointment under section 102A(v) [now 102A(u)] of the National Security Act of 1947 ( 50 U.S.C. 3024(v) [now 50 U.S.C. 3024(u) ]) made on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 ( Public Law 112–87 ) [ Jan. 3, 2012 ] and to any proceeding pending on or filed after the date of the enactment of this section [ Dec. 18, 2015 ] that relates to such an appointment.”
Pub. L. 113–126, title V, § 502(b), July 7, 2014, 128 Stat. 1412, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act [ July 7, 2014 ].”
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 119–60, div. F, title LXVI, § 6621, Dec. 18, 2025, 139 Stat. 1641, provided that:
“(a) Metric Development and Implementation .— Not later than 270 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the National Geospatial-Intelligence Agency, the Director of the National Reconnaissance Office, and the Director of the Defense Intelligence Agency shall each develop and implement a process (which may be different from the processes of the other elements) that makes use of a single set of metrics to assess, on an agency-wide, aggregate basis, the success of the agency’s efforts regarding the adoption, integration, and operational impact of the most relevant emerging technologies within the respective agencies of those Directors. “(b) Briefing .— Not later than one year after the date of enactment of this Act, the head of each agency described in subsection (a) shall provide to the congressional intelligence committees and the Committees on Appropriations of the Senate and the House of Representatives a briefing on the implementation of this section, including— “(1) the metrics established under subsection (a); “(2) the success of the element toward meeting such metrics; and “(3) any recommendations of the head of such agency for legislative or regulatory reforms to improve technology adoption. “(c) Definitions .— In this section, the term ‘emerging technology’ has the meaning given such term in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263 ; 50 U.S.C. 3024 note) [set out below].”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6621 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
Pub. L. 118–31, div. G, title III, § 7302, Dec. 22, 2023, 137 Stat. 1025, provided that:
“(a) In General .— Not later than 180 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of National Intelligence shall, in coordination with the Secretary of Defense and the Director of the Office of Personnel Management as the Director of National Intelligence considers appropriate, develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community. “(b) Elements .— The policy and performance framework required by subsection (a) shall include processes with respect to the following: “(1) Human resources. “(2) Medical reviews. “(3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).”
[For definition of “intelligence community” as used in section 7302 of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 118–31, div. G, title V, § 7509, Dec. 22, 2023, 137 Stat. 1091, provided that:
“(a) Sense of Congress .— It is the sense of Congress that— “(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) Guidance Required .— Not later than 180 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security shall jointly develop guidance requiring the Commercial Strategy Board or, if that is not feasible, such other entities within the intelligence community and the Department of Defense that the Director and the Under Secretary determine appropriate, to perform, on a recurring basis, the following functions related to commercial remote sensing: “(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 [sic] under paragraph (2). “(c) Funding Levels .— In the case of any fiscal year for which a cost estimate is developed under subsection (b)(3) and for which the budget of the President (as submitted to Congress pursuant to section 1105 of title 31 , United States Code) requests a level of funding for the procurement of commercial remote sensing requirements that is less than the amount identified in the cost estimate, the President shall include with the budget an explanation for the difference. “(d) Report.— “(1) In general .— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security shall jointly submit to the appropriate congressional committees a report on the implementation of subsection (b). “(2) Appropriate congressional committees defined .— In this subsection, the term ‘appropriate congressional committees’ means— “(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 Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 117–263, div. F, title LXVI, § 6601, Dec. 23, 2022, 136 Stat. 3556, provided that:
“(a) Definition of Onboard Period .— In this section, the term ‘onboard period’ means the period beginning on the date on which an individual submits an application for employment and ending on— “(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) Policy Guidance .— The Director of National Intelligence shall establish policy guidance appropriate for all elements of the intelligence community that can be used to measure, consistently and reliably, the onboard period. “(c) Report.— “(1) In general .— Not later than 90 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the time it takes to onboard personnel in the intelligence community. “(2) Elements .— The report submitted under paragraph (1) shall cover the mean and median time it takes to onboard personnel in the intelligence community, disaggregated by mode of onboarding and element of the intelligence community. “(d) Plan.— “(1) In general .— Not later than 180 days after the date of the enactment of this Act, the Director, in coordination with the heads of the elements of the intelligence community, shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan to reduce the onboard period for personnel in the intelligence community, for elements of the intelligence community that currently have median onboarding times that exceed 180 days. “(2) Elements .— The plan submitted under paragraph (1) shall include milestones to achieve certain specific goals with respect to the mean, median, and mode time it takes to onboard personnel in the elements of the intelligence community described in such paragraph, disaggregated by element of the intelligence community. “(e) Implementation .— The heads of the elements of the intelligence community, including the Director of the Central Intelligence Agency, shall implement the plan submitted under subsection (d) and take all such actions each head considers appropriate and necessary to ensure that by December 31, 2023 , the median duration of the onboard period for new employees at each element of the intelligence community is equal to less than 180 days.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6601 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
Pub. L. 117–263, div. F, title LXVII, § 6712, Dec. 23, 2022, 136 Stat. 3565, as amended by Pub. L. 118–31, div. G, title V, § 7513(b), Dec. 22, 2023, 137 Stat. 1096, provided that:
“(a) Plan and Study.— “(1) Submission .— Not later than 1 year after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, 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) 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) Elements .— The materials submitted under paragraph (1) shall include the following: “(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) Public Website on Commercial Integration.— “(1) Establishment .— Not later than 1 year after the date of the date of enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence, in coordination with the head of the relevant elements of the intelligence community (as determined by the Director) and the designated element leads under section 6702(c) [now 6702(e)] [ 50 U.S.C. 3334m(e) ], shall establish a publicly accessible website that includes relevant information necessary for offerors or contractors to conduct business with each element of the intelligence community. “(2) Inclusion of certain information .— If there is established an Office or Offices of Commercial Integration in accordance with subsection (a), the website under paragraph (1) shall include— “(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 Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “commercial product”, “commercial service”, “emerging technology”, and “authorization to operate” as used in section 6712 of Pub. L. 117–263, set out above, see section 6701 of Pub. L. 117–263, set out below.]
Pub. L. 117–263, div. F, title LXVII, § 6713, Dec. 23, 2022, 136 Stat. 3568, provided that:
“(a) Pilot Program .— The Director of National Intelligence shall carry out a pilot program to more effectively transition promising prototypes or products in a developmental stage to a production stage, through designating eligible projects as ‘Emerging Technology Transition Projects’. “(b) Designation.— “(1) In general .— Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall issue guidelines to implement the pilot program under subsection (a). “(2) Requirements .— The guidelines issued pursuant to paragraph (1) shall include the following requirements: “(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) Revocation of designation .— The designation of an Emerging Technology Transition Project under subsection (b) may be revoked at any time by— “(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) Benefits of Designation.— “(1) Inclusion in multiyear national intelligence program plan .— The Director of National Intelligence shall include in the relevant multiyear national intelligence program plan submitted to Congress under section 1403 of the National Defense Authorization Act for Fiscal Year 1991 ( 50 U.S.C. 3301 ) the planned expenditures, if any, of each designated project during the period of its designation. “(2) Inclusion under separate exhibit .— The heads of elements of the intelligence community shall ensure that each designated project is included in a separate budget exhibit in the relevant multiyear national intelligence program plan submitted to Congress under such section 1403 of the National Defense Authorization Act for Fiscal Year 1991 ( 50 U.S.C. 3301 ) for the period of the designation of such project. “(3) Consideration in programming and budgeting .— Each designated project shall be taken into consideration by the nominating head in the programming and budgeting phases of the intelligence planning, programming, budgeting, and evaluation process during the period of its designation. “(d) Reports to Congress.— “(1) Annual reports .— On an annual basis for each fiscal year during which the pilot program under subsection (a) is carried out, concurrently with the submission of the budget of the President for that fiscal year under section 1105(a) of title 31 , United States Code, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Appropriations of the House of Representatives and the Senate a report that includes the following: “(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) Final report .— In the final report submitted under paragraph (1) prior to the date of termination under subsection (e), the Director of National Intelligence shall include a recommendation on whether to extend the pilot program under subsection (a) and the appropriate duration of such extension, if any. “(e) Termination Date .— The authority to carry out the pilot program under subsection (a) shall terminate on December 31, 2027 . “(f) Definition of Covered Element of the Intelligence Community .— In this section, the term ‘covered element of the intelligence community’ means the following: “(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 Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
Pub. L. 117–263, div. F, title LXVII, § 6714, Dec. 23, 2022, 136 Stat. 3570, provided that:
“(a) Definition of Appropriate Committees of Congress .— In this section, the term ‘appropriate committees of Congress’ means— “(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) Protocol .— Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence, in coordination with the Secretary of Defense and the heads of the elements of the intelligence community, shall develop and submit to the appropriate committees of Congress a single protocol setting forth policies and procedures relating to authorizations to operate for Department of Defense or intelligence community systems held by industry providers. “(c) Limitation .— The protocol under subsection (b) shall be limited to authorizations to operate for Department of Defense and intelligence community systems. “(d) Elements .— The protocol under subsection (b) shall include, at a minimum, the following: “(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) Coordinating Officials .— Not later than 60 days after the date of the enactment of this Act— “(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) Documentation Requirements .— Under the protocol under subsection (b), no head of a Federal agency may commence the operation of a system using an authorization to operate granted by another Federal agency without possessing documentation of the original authorization to operate. “(g) Implementation Required .— The protocol under subsection (b) shall be implemented not later than January 1, 2025 .”
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 6714 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definition of “authorization to operate” as used in section 6714 of Pub. L. 117–263, set out above, see section 6701 of Pub. L. 117–263, set out below.]
Pub. L. 117–263, div. F, title LXVII, § 6716, Dec. 23, 2022, 136 Stat. 3575, provided that:
“(a) Compliance Policy.— “(1) Requirement .— Not later than 1 year after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall implement a policy to ensure that each element of the intelligence community complies with parts 10 and 12 of the Federal Acquisition Regulation with respect to any Federal Acquisition Regulation-based procurements. “(2) Elements .— The policy under paragraph (1) shall include the following: “(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) Submission .— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, 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) 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) Market analysis .— In carrying out the independent market analysis pursuant to paragraph (2)(A)(i), the Director may enter into a contract with an independent market research group with qualifications and expertise to find available commercial products or commercial services to meet the needs of the intelligence community. “(b) Annual Reports.— “(1) Requirement .— Not later than 2 years after the date of the enactment of this Act, and annually thereafter for 3 years, the Director, in consultation with the head of each element of the intelligence community, 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 report on the policy developed under subsection (a). “(2) Elements .— Each report under paragraph (1) shall include, with respect to the period covered by the report, the following: “(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 Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “covered item or service”, “commercial product”, and “commercial service” as used in section 6716 of Pub. L. 117–263, set out above, see section 6701 of Pub. L. 117–263, set out below.]
Pub. L. 117–263, div. F, title LXVII, § 6717, Dec. 23, 2022, 136 Stat. 3576, provided that:
“(a) Policy .— Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall establish a policy regarding user adoption metrics for contracts and other agreements for the procurement of covered products as follows: “(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) Submission .— Not later than 60 days after the date on which the policy under subsection (a) is established, 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 such policy.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6717 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “artificial intelligence”, “emerging technology”, and “covered product” as used in section 6717 of Pub. L. 117–263, set out above, see section 6701 of Pub. L. 117–263, set out below.]
Pub. L. 117–263, div. F, title LXVII, § 6732, Dec. 23, 2022, 136 Stat. 3583, as amended by Pub. L. 118–31, div. G, title IX, § 7901(b)(2), Dec. 22, 2023, 137 Stat. 1106, provided that:
“(a) Training Curriculum.— “(1) Requirement .— No later than 270 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence and the Secretary of Defense, in consultation with the President of the Defense Acquisition University and the heads of the elements of the intelligence community that the Director and Secretary determine appropriate, shall jointly establish a training curriculum for members of the acquisition workforce in the Department of Defense (as defined in section 101 of title 10 , United States Code) and the acquisition officials within the intelligence community focused on improving the understanding and awareness of contracting authorities and procedures for the acquisition of emerging technologies. “(2) Provision of training .— The Director shall ensure that the training curriculum under paragraph (1) is made available to each element of the intelligence community not later than 60 days after the completion of the curriculum. “(3) Report .— Not later than January 1, 2024 , the Director and Secretary shall jointly submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report containing an update on the status of the curriculum under paragraph (1). “(b) Agreements Officers .— Not later than October 1, 2024 , the Director of National Intelligence shall ensure that at least 75 percent of the contracting staff within the intelligence community whose primary responsibilities include the acquisition of emerging technologies shall have received the appropriate training to become warranted as agreements officers who are given authority to execute and administer the transactions authorized by paragraph (6) of section 102A(n) [now 102A(m)] of the National Security Act of 1947 ( 50 U.S.C. 3024(n) [now 50 U.S.C. 3024(m) ]), as added by section 6711. The training shall include— “(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) Establishment of Emerging Technology Training Activities.— “(1) Requirement .— Not later than January 1, 2024 , the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community that the Director determines relevant, shall establish and implement training activities designed for appropriate mid-career and senior managers across the intelligence community to train the managers on how to identify, acquire, implement, and manage emerging technologies as such technologies may be applied to the intelligence community. “(2) Certification .— Not later than 2 years after the date on which the Director establishes the training activities under paragraph (1), each head of an element of the intelligence community shall certify to the Director whether the managers of the element described in paragraph (1) have successfully completed the education activities. “(3) Briefing .— Not later than January 1, 2024 , the Director of National Intelligence shall provide 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 briefing regarding the training activities established under paragraph (1), including— “(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 Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “emerging technology”, “commercial service”, and “commercial product” as used in section 6732 of Pub. L. 117–263, set out above, see section 6701 of Pub. L. 117–263, set out below.]
Pub. L. 117–263, div. F, title LXVII, § 6741, Dec. 23, 2022, 136 Stat. 3584, provided that:
“(a) Policy Regarding Procurement of Commercial Software Products .— Not later than 1 year after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community and appropriate nongovernmental experts that the Director determines relevant, shall issue an intelligence community-wide policy to ensure the procurement of commercial software products by the intelligence community is carried out— “(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) Elements .— The policy issued under subsection (a) shall include the following: “(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) Report .— Not later than January 1, 2025 , and annually thereafter through 2028, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, 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 report on the policy issued under subsection (a), including the following with respect to the period covered by the report: “(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 Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “commercial product” and “authorization to operate” as used in section 6741 of Pub. L. 117–263, set out above, see section 6701 of Pub. L. 117–263, set out below.]
Pub. L. 116–92, div. E, title LVII, § 5723, Dec. 20, 2019, 133 Stat. 2177, provided that:
“(a) Prize Competition .— Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ), the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Agency [probably should be “Activity”], shall carry out a program to award prizes competitively to stimulate research and development relevant to fifth-generation technology. “(b) Prize Amount .— In carrying out the program under subsection (a), the Director may award not more than a total of $5,000,000 to one or more winners of the prize competition. “(c) Consultation .— In carrying out the program under subsection (a), the Director may consult with the heads of relevant departments and agencies of the Federal Government. “(d) Fifth-generation Technology Defined .— In this section, the term ‘fifth-generation technology’ means hardware, software, or other technologies relating to fifth-generation wireless networks (known as ‘5G’).”
Pub. L. 116–92, div. E, title LVII, § 5724, Dec. 20, 2019, 133 Stat. 2177, provided that:
“(a) Prize Competition .— Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ), the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Agency [probably should be “Activity”], shall carry out a program to award prizes competitively to stimulate the research, development, or commercialization of technologies to automatically detect machine-manipulated media. “(b) Prize Amount .— In carrying out the program under subsection (a), the Director may award not more than a total of $5,000,000 to one or more winners of the prize competition. “(c) Consultation .— In carrying out the program under subsection (a), the Director may consult with the heads of relevant departments and agencies of the Federal Government. “(d) Machine-Manipulated Media Defined .— In this section, the term ‘machine-manipulated media’ means video, image, or audio recordings generated or substantially modified using machine-learning techniques in order to falsely depict events, to falsely depict the speech or conduct of an individual, or to depict individuals who do not exist.”
Pub. L. 116–92, div. E, title LVII, § 5725, Dec. 20, 2019, 133 Stat. 2178, as amended by Pub. L. 117–263, div. F, title LXVIII, § 6809, Dec. 23, 2022, 136 Stat. 3599, provided that:
“(a) In General .— The Director of the Federal Bureau of Investigation, in collaboration with the Director of National Intelligence, the Under Secretary of Homeland Security for Intelligence and Analysis, and the heads of such other Federal, State, or local agencies as the Director of the Federal Bureau of Investigation determines appropriate, and in accordance with applicable law and policy, may— “(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) Pilot Program.— “(1) In general .— The Director of the Federal Bureau of Investigation, in collaboration with the Director of National Intelligence, the Under Secretary of Homeland Security for Intelligence and Analysis, and the heads of such other Federal, State, or local agencies as the Director of the Federal Bureau of Investigation determines appropriate, and in accordance with applicable law and policy, shall conduct a pilot program designed to implement subsection (a)(1)(A) with respect to the National Capital Region. “(2) Commencement; completion .— The Director of the Federal Bureau of Investigation shall— “(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) Notifications Required .— The Director of the Federal Bureau of Investigation shall notify the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the Capitol Police Board of— “(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) Briefing Required .— Not later than 180 days after the date on which the Director of the Federal Bureau of Investigation determines that the pilot program required by subsection (b)(1) is operational, the Director shall provide a briefing to the appropriate congressional committees on— “(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) Definitions.— “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(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) International mobile subscriber identity-catcher .— The term ‘International Mobile Subscriber Identity-catcher’ means a device used for intercepting mobile phone identifying information and location data.”
[For definition of “congressional intelligence committees” as used in section 5725 of Pub. L. 116–92, set out above, see section 5003 of Pub. L. 116–92, set out as a note under section 3003 of this title.]
Pub. L. 116–92, div. E, title LXIII, § 6312, Dec. 20, 2019, 133 Stat. 2191, provided that:
“(a) Definitions .— In this section: “(1) Core service .— The term ‘core service’ means a capability that is available to multiple elements of the intelligence community and required for consistent operation of the intelligence community information technology environment. “(2) Intelligence community information technology environment .— The term ‘intelligence community information technology environment’ means all of the information technology services across the intelligence community, including the data sharing and protection environment across multiple classification domains. “(b) Roles and Responsibilities.— “(1) Director of national intelligence .— The Director of National Intelligence shall be responsible for coordinating the performance by elements of the intelligence community of the intelligence community information technology environment, including each of the following: “(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) Core service providers .— Providers of core services shall be responsible for— “(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) Use of core services.— “(A) In general .— Except as provided in subparagraph (B), each element of the intelligence community shall use core services when such services are available. “(B) Exception .— The Director of National Intelligence may provide for a written exception to the requirement under subparagraph (A) if the Director determines there is a compelling financial or mission need for such exception. “(c) Management Accountability .— Not later than 90 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Director of National Intelligence shall designate and maintain one or more accountable executives of the intelligence community information technology environment to be responsible for— “(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) Security Plan .— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and maintain a security plan for the intelligence community information technology environment. “(e) Long-Term Roadmap .— Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a long-term roadmap that shall include each of the following: “(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) Business Plan .— Not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2019 ], and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a business plan that includes each of the following: “(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) Quarterly Presentations .— Beginning not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees quarterly updates regarding ongoing implementation of the intelligence community information technology environment as compared to the requirements in the most recently submitted security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f). “(h) Additional Notifications .— The Director of National Intelligence shall provide timely notification to the congressional intelligence committees regarding any policy changes related to or affecting the intelligence community information technology environment, new initiatives or strategies related to or impacting such environment, and changes or deficiencies in the execution of the security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f). “(i) Sunset .— The section shall have no effect on or after September 30, 2024 .”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6312 of Pub. L. 116–92, set out above, see section 5003 of Pub. L. 116–92, set out as a note under section 3003 of this title.]
Pub. L. 116–92, div. E, title LXIII, § 6314, Dec. 20, 2019, 133 Stat. 2194, provided that:
“(a) Policy Required .— Not later than 60 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Director of National Intelligence shall establish a policy for minimum insider threat standards that is consistent with the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs. “(b) Implementation .— Not later than 180 days after the date of the enactment of this Act, the head of each element of the intelligence community shall implement the policy established under subsection (a).”
[For definition of “intelligence community” as used in section 6314 of Pub. L. 116–92, set out above, see section 5003 of Pub. L. 116–92, set out as a note under section 3003 of this title.]
Pub. L. 116–92, div. E, title LXVII, § 6722, Dec. 20, 2019, 133 Stat. 2232, as amended by Pub. L. 116–260, div. W, title VI, § 622, Dec. 27, 2020, 134 Stat. 2404, which required the Director of National Intelligence to 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 the implications of water insecurity on the national security interests of the United States and a briefing with updates every 5 years and to submit to the appropriate congressional committees a report on the anticipated geopolitical effects of emerging infectious disease and pandemics and their implications on the national security of the United States and annual briefings with updates, was repealed by Pub. L. 119–60, div. F, title LXVIII, § 6801(b)(5), Dec. 18, 2025, 139 Stat. 1653.
Pub. L. 115–31, div. N, title III, § 309(a), May 5, 2017, 131 Stat. 814, provided that:
“(1) Limitations .— Not later than 180 days after the date of the enactment of this Act [ May 5, 2017 ], the Director of National Intelligence shall develop and implement a uniform policy for each covered office of an inspector general to better ensure the independence of each such office. Such policy shall include— “(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) Covered office of an inspector general defined .— The term ‘covered office of an inspector general’ means— “(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) Briefing to the congressional intelligence committees .— Prior to the date that the policy required by paragraph (1) takes effect, the Director of National Intelligence shall provide the congressional intelligence committees a briefing on such policy.”
Pub. L. 114–113, div. M, title III, § 308, Dec. 18, 2015, 129 Stat. 2917, provided that:
“(a) Directive Required .— The Director of National Intelligence shall issue a directive containing a written policy for the timely notification to the congressional intelligence committees of the identities of individuals occupying senior level positions within the intelligence community. “(b) Senior Level Position .— In identifying positions that are senior level positions in the intelligence community for purposes of the directive required under subsection (a), the Director of National Intelligence shall consider whether a position— “(1) constitutes the head of an entity or a significant component within an agency; “(2) is involved in the management or oversight of matters of significant import to the leadership of an entity of the intelligence community; “(3) provides significant responsibility on behalf of the intelligence community; “(4) requires the management of a significant number of personnel or funds; “(5) requires responsibility management or oversight of sensitive intelligence activities; and “(6) is held by an individual designated as a senior intelligence management official as such term is defined in section 368(a)(6) of the Intelligence Authorization Act for Fiscal Year 2010 ( Public Law 111–259 ; 50 U.S.C. 404i–1 [now 50 U.S.C. 3051 ] note). “(c) Notification .— The Director shall ensure that each notification under the directive issued under subsection (a) includes each of the following: “(1) The name of the individual occupying the position. “(2) Any previous senior level position held by the individual, if applicable, or the position held by the individual immediately prior to the appointment. “(3) The position to be occupied by the individual. “(4) Any other information the Director determines appropriate. “(d) Relationship to Other Laws .— The directive issued under subsection (a) and any amendment to such directive shall be consistent with the provisions of the National Security Act of 1947 ( 50 U.S.C. 401 [now 50 U.S.C. 3001 ] et seq.). “(e) Submission .— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2015 ], the Director shall submit to the congressional intelligence committees the directive issued under subsection (a).”
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 308 of div. M of Pub. L. 114–113, set out above, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title.]
Pub. L. 114–113, div. M, title III, § 309, Dec. 18, 2015, 129 Stat. 2918, provided that:
“(a) In General .— The Director of National Intelligence shall designate an official to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and nonstate actors. “(b) Annual Report .— Not later than the date that is 10 months after the date of the enactment of this Act [ Dec. 18, 2015 ], and biennially thereafter until the date that is 4 years after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] and the congressional defense committees (as such term is defined in section 101(a)(16) of title 10 , United States Code) a report describing— “(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.”
Pub. L. 114–113, div. M, title III, § 310, Dec. 18, 2015, 129 Stat. 2918, provided that:
“(a) In General .— By not later than September 30, 2016 , the Director of National Intelligence shall establish a formal internal reporting process for tracking requests for country clearance submitted to overseas Director of National Intelligence representatives by departments and agencies of the United States. Such reporting process shall include a mechanism for tracking the department or agency that submits each such request and the date on which each such request is submitted. “(b) Congressional Briefing .— By not later than December 31, 2016 , the Director of National Intelligence shall brief the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] on the progress of the Director in establishing the process required under subsection (a).”
Pub. L. 112–18, title IV, § 402, June 8, 2011, 125 Stat. 227, as amended by Pub. L. 112–277, title III, § 304, Jan. 14, 2013, 126 Stat. 2471, provided that:
“(a) Initial Operating Capability .— Not later than October 1, 2013 , the Director of National Intelligence shall establish an initial operating capability for an effective automated insider threat detection program for the information resources in each element of the intelligence community in order to detect unauthorized access to, or use or transmission of, classified intelligence. “(b) Full Operating Capability .— Not later than October 1, 2014 , the Director of National Intelligence shall ensure the program described in subsection (a) has reached full operating capability. “(c) Report .— Not later than December 1, 2011 , the Director of National Intelligence shall submit to the congressional intelligence committees a report on the resources required to implement the insider threat detection program referred to in subsection (a) and any other issues related to such implementation the Director considers appropriate to include in the report. “(d) Information Resources Defined .— In this section, the term ‘information resources’ means networks, systems, workstations, servers, routers, applications, databases, websites, online collaboration environments, and any other information resources in an element of the intelligence community designated by the Director of National Intelligence.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 402 of Pub. L. 112–18, set out above, see section 2 of Pub. L. 112–18, set out as a note under section 3003 of this title.]
Pub. L. 108–458, title I, § 1013, Dec. 17, 2004, 118 Stat. 3662, provided that:
“(a) Development of Procedures .— The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following: “(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum— “(A) information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and “(B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other. “(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort. “(b) Implementation Report .— Not later than 180 days after the date of the enactment of the Act [ Dec. 17, 2004 ], the Director of National Intelligence shall submit to the congressional defense committees (as defined in section 101 of title 10 , United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 ( 50 U.S.C. 401a(7) ) [now 50 U.S.C. 3003(7) ]) a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures.”
Pub. L. 108–458, title I, § 1017, Dec. 17, 2004, 118 Stat. 3670, provided that:
“(a) In General .— Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458 , see Effective Date of 2004 Amendment; Transition Provisions note set out under section 3001 of this title ], the Director of National Intelligence shall establish a process and assign an individual or entity the responsibility for ensuring that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly referred to as ‘red-team analysis’) of the information and conclusions in intelligence products. “(b) Report .— Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives on the implementation of subsection (a).”
Pub. L. 108–458, title VII, § 7201(e), Dec. 17, 2004, 118 Stat. 3813, provided that:
“(1) In general .— The Director of National Intelligence shall significantly increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel. “(2) Authorization of appropriations .— There are authorized to be appropriated for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this subsection.”
Pub. L. 108–458, title VIII, § 8101, Dec. 17, 2004, 118 Stat. 3864, provided that:
“(a) In General .— The Director of National Intelligence shall establish a formal relationship, including information sharing, between the elements of the intelligence community and the National Infrastructure Simulation and Analysis Center. “(b) Purpose .— The purpose of the relationship under subsection (a) shall be to permit the intelligence community to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence analysis, for real time response to reported threats and long term planning for projected threats.”
Pub. L. 108–177, title III, § 317, Dec. 13, 2003, 117 Stat. 2611, as amended by Pub. L. 108–458, title I, §§ 1071(g)(3)(A)(i), (ii), 1072(d)(2)(A), Dec. 17, 2004, 118 Stat. 3692, 3693, required Director of National Intelligence, in coordination with Secretary of Defense, to carry out pilot program to assess feasibility and advisability of permitting intelligence analysts of various elements of intelligence community to access and analyze signals intelligence of the National Security Agency and other selected intelligence from databases of other elements of intelligence community in order to achieve certain objectives; pilot program was to commence not later than Dec. 31, 2003, be assessed not later than Feb. 1, 2004, and a report on the assessment submitted to Congress.
Pub. L. 107–306, title III, § 352, Nov. 27, 2002, 116 Stat. 2401, as amended by Pub. L. 108–458, title I, § 1071(g)(2)(D), Dec. 17, 2004, 118 Stat. 3691, provided that:
“(a) Method of Transliteration Required .— Not later than 180 days after the date of the enactment of this Act [ Nov. 27, 2002 ], the Director of Central Intelligence shall provide for a standardized method for transliterating into the Roman alphabet personal and place names originally rendered in any language that uses an alphabet other than the Roman alphabet. “(b) Use by Intelligence Community .— The Director of National Intelligence shall ensure the use of the method established under subsection (a) in— “(1) all communications among the elements of the intelligence community; and “(2) all intelligence products of the intelligence community.”
Pub. L. 105–107, title III, § 309, Nov. 20, 1997, 111 Stat. 2253, provided that:
“(a) Survey of Current Standards.— “(1) Survey .— The Director of Central Intelligence shall carry out a survey of current standards for the spelling of foreign names and places, and the use of geographic coordinates for such places, among the elements of the intelligence community. “(2) Report .— Not later than 90 days after the date of enactment of this Act [ Nov. 20, 1997 ], the Director shall submit to the congressional intelligence committees a report on the survey carried out under paragraph (1). The report shall be submitted in unclassified form, but may include a classified annex. “(b) Guidelines.— “(1) Issuance .— Not later than 180 days after the date of enactment of this Act, the Director shall issue guidelines to ensure the use of uniform spelling of foreign names and places and the uniform use of geographic coordinates for such places. The guidelines shall apply to all intelligence reports, intelligence products, and intelligence databases prepared and utilized by the elements of the intelligence community. “(2) Basis .— The guidelines under paragraph (1) shall, to the maximum extent practicable, be based on current United States Government standards for the transliteration of foreign names, standards for foreign place names developed by the Board on Geographic Names, and a standard set of geographic coordinates. “(3) Submittal to congress .— The Director shall submit a copy of the guidelines to the congressional intelligence committees. “(c) Congressional Intelligence Committees Defined .— In this section, the term ‘congressional intelligence committees’ means the following: “(1) The Select Committee on Intelligence of the Senate. “(2) The Permanent Select Committee on Intelligence of the House of Representatives.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
Pub. L. 104–293, § 807(c), Oct. 11, 1996, 110 Stat. 3480, provided that:
“Not later than January 1, 1997 , the Director of Central Intelligence and the Secretary of Defense shall prescribe guidelines to ensure prompt reporting to the Director and the Secretary on a periodic basis of budget execution data for all national, defense-wide, and tactical intelligence activities.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
Pub. L. 104–293, title VIII, § 807(d), Oct. 11, 1996, 110 Stat. 3481, provided that:
“Not later than January 1, 1999 , the Director of Central Intelligence and the Secretary of Defense shall develop and implement a database to provide timely and accurate information on the amounts, purposes, and status of the resources, including periodic budget execution updates, for all national, defense-wide, and tactical intelligence activities.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
Pub. L. 117–263, div. F, title LXVII, § 6701, Dec. 23, 2022, 136 Stat. 3560, as amended by Pub. L. 118–31, div. G, title V, § 7502(b), Dec. 22, 2023, 137 Stat. 1081, provided that:
“In this title [enacting sections 3034b, 3334m, 3334n, and 3334 o of this title, amending this section and section 3030 of this title , and enacting provisions set out as notes under this section and section 3030 of this title ]: “(1) Artificial intelligence .— The term ‘artificial intelligence’ has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9401 ). “(2) Authorization to operate .— The term ‘authorization to operate’ has the meaning given that term in Circular Number A-130 of the Office of Management and Budget, ‘Managing Information as a Strategic Resource’, or any successor document. “(3) Code-free artificial intelligence enablement tools .— The term ‘code-free artificial intelligence enablement tools’ means software that provides an environment in which visual drag-and-drop applications, or similar tools, allow one or more individuals to program applications without linear coding. “(4) Commercial product .— The term ‘commercial product’ has the meaning given that term in section 103 of title 41 , United States Code. “(5) Commercial service .— The term ‘commercial service’ has the meaning given that term in section 103a of title 41 , United States Code. “(6) Covered item or service .— The term ‘covered item or service’ means a product, system, or service that is not a commercially available off-the-shelf item, a commercial service, or a nondevelopmental item, as those terms are defined in title 41, United States Code. “(7) Covered product .— The term ‘covered product’ means a commercial software product that involves emerging technologies or artificial intelligence. “(8) Emerging technology .— The term ‘emerging technology’ means— “(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.”
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:
Section 1. Establishment of the Cyber Threat Intelligence Integration Center. The Director of National Intelligence (DNI) shall establish a Cyber Threat Intelligence Integration Center (CTIIC). Executive departments and agencies (agencies) shall support the DNI’s efforts to establish the CTIIC, including by providing, as appropriate, personnel and resources needed for the CTIIC to reach full operating capability by the end of fiscal year 2016.
Sec. 2. Responsibilities of the Cyber Threat Intelligence Integration Center. The CTIIC shall:
(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.
Sec. 3. Implementation. (a) Agencies shall provide the CTIIC with all intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests, subject to applicable law and policy. The CTIIC shall access, assess, use, retain, and disseminate such information, in a manner that protects privacy and civil liberties and is consistent with applicable law, Executive Orders, Presidential directives, and guidelines, such as guidelines established under section 102A(b) of the National Security Act of 1947, as amended, Executive Order 12333 of December 4, 1981 (United States Intelligence Activities), as amended, and Presidential Policy Directive–28; and that is consistent with the need to protect sources and methods.
(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.
Sec. 4. Privacy and Civil Liberties Protections. Agencies providing information to the CTIIC shall ensure that privacy and civil liberties protections are provided in the course of implementing this memorandum. Such protections shall be based upon the Fair Information Practice Principles or other privacy and civil liberties policies, principles, and frameworks as they apply to each agency’s activities.
Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, 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.
There is an Office of the Director of National Intelligence.
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.
The Office of the Director of National Intelligence is composed of the following:
The Director of National Intelligence.
The Principal Deputy Director of National Intelligence.
Any Deputy Director of National Intelligence appointed under section 3026 of this title.
The National Intelligence Council.
The National Intelligence Management Council.
The General Counsel.
The Civil Liberties Protection Officer.
The Director of Science and Technology.
The Director of the National Counterintelligence and Security Center.
The Chief Information Officer of the Intelligence Community.
The Inspector General of the Intelligence Community.
The Director of the National Counterterrorism Center.
The Director of the National Counter Proliferation Center.1
The Chief Financial Officer of the Intelligence Community.
Such other offices and officials as may be established by law or the Director may establish or designate in the Office.
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.
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.
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), section 3345(a)(3) of title 5 may be applied—
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 (50 U.S.C. 401a(4)),” 2 for “such Executive agency”; and
in subparagraph (A), by substituting “the intelligence community” for “such agency”.
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 section 8301 of title 40 .
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 Pub. L. 117–103, set out as a References note under section 3057 of this title.
Pub. L. 119–60, div. F, title LXIV, § 6404(g), Dec. 18, 2025, 139 Stat. 1618, provided that:
“The amendments made by this section [amending this section and section 3057 of this title ] shall take effect 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ].”
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 119–60, div. F, title LXVII, § 6707, Dec. 18, 2025, 139 Stat. 1648, provided that:
“(a) Establishment of Position.— “(1) In general .— There shall be a mission manager for all intelligence collection matters relating to the People’s Republic of China. The mission manager shall be designated or appointed by the Director of National Intelligence. “(2) Rule of construction .— Notwithstanding any other provision of law, the mission manager designated or appointed under paragraph (1) may be an individual serving in a position within the Office of the Director of National Intelligence. “(b) Applicability .— The first mission manager under subsection (a) shall be designated or appointed not later than 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ]. “(c) Termination .— This section shall terminate on December 31, 2030 .”
Pub. L. 118–31, div. G, title III, § 7307(b), Dec. 22, 2023, 137 Stat. 1027, provided that:
“(1) Requirement .— Not later than 120 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of National Intelligence shall establish, and thereafter shall update as necessary, a single document setting forth each position within the Office of the Director of National Intelligence, including any directorate, center, or office within such Office. “(2) Elements .— The document under paragraph (1) shall include, with respect to each position set forth in the document, the following: “(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) Integrated representation .— In establishing and filling the positions specified in paragraph (1), the Director of National Intelligence shall take such steps as may be necessary to ensure the integrated representation of officers and employees from the other elements of the intelligence community with respect to such positions.”
[For definition of “intelligence community” as used in section 7307(b) of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 118–31, div. G, title IV, § 7401, Dec. 22, 2023, 137 Stat. 1068, provided that:
“(a) Definitions .— In this section: “(1) Appropriate committees of congress .— The term ‘appropriate committees of Congress’ means— “(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) Atrocity of the people’s republic of china .— The term ‘atrocity of the People’s Republic of China’ means a crime against humanity, genocide, or a war crime committed by a foreign person who is— “(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) Commit .— The term ‘commit’, with respect to an atrocity of the People’s Republic of China, includes the planning, committing, aiding, and abetting of such atrocity of the People’s Republic of China. “(4) Foreign person .— The term ‘foreign person’ means— “(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) Government of the people’s republic of china .— The term ‘government of the People’s Republic of China’ includes the regional governments of Xinjiang, Tibet, and Hong Kong. “(6) United states person .— The term ‘United States person’ has the meaning given that term in section 105A(c) of the National Security Act of 1947 ( 50 U.S.C. 3039(c) ). “(b) Intelligence Community Coordinator for Accountability of Atrocities of the People’s Republic of China.— “(1) Designation .— Not later than 30 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People’s Republic of China (in this section referred to as the ‘Coordinator’). “(2) Duties .— The Coordinator shall oversee the efforts of the intelligence community relating to the following: “(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) Plan required .— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress— “(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) Briefings to congress .— Not later than 120 days after the date of enactment of this Act, and not less frequently than quarterly thereafter, the Director of National Intelligence, acting through the Coordinator, shall brief the appropriate committees of Congress on— “(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) Sunset .— This section shall cease to have effect on September 30, 2027 .”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 7401 of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 117–263, div. F, title LXV, § 6512, Dec. 23, 2022, 136 Stat. 3543, as amended by Pub. L. 119–60, div. F, title LXVII, § 6713, Dec. 18, 2025, 139 Stat. 1649, provided that:
“(a) Definitions .— In this section: “(1) Appropriate committees of congress .— The term ‘appropriate committees of Congress’ means— “(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) Atrocity .— The term ‘atrocity’ means a war crime, crime against humanity, or genocide. “(3) Commit .— The term ‘commit’, with respect to an atrocity, includes the planning, committing, aiding, and abetting of such atrocity. “(4) Foreign person .— The term ‘foreign person’ means a person that is not a United States person. “(5) Russian atrocity .— The term ‘Russian atrocity’ means an atrocity that is committed by an individual who is— “(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) United states person .— The term ‘United States person’ has the meaning given that term in section 105A(c) of the National Security Act of 1947 ( 50 U.S.C. 3039 ). “(b) Intelligence Community Coordinator for Russian Atrocities Accountability.— “(1) Designation .— Not later than 30 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for Russian atrocities accountability (in this section referred to as the ‘Coordinator’). “(2) Duties .— The Coordinator shall oversee the efforts of the intelligence community relating to the following: “(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, including with respect to the forcible transfer and deportation of Ukrainian children. “(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) Plan required .— Not later than 30 days after the date of enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress— “(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) Annual report to congress.— “(A) Reports required .— Not later than May 1, 2023 , and annually thereafter until May 1, 2028 , the Director of National Intelligence shall submit to the appropriate committees of Congress a report detailing, for the year covered by the report— “(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) Form .— Each report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods. “(C) Supplement .— The Director of National Intelligence may supplement an existing reporting requirement with the information required under subparagraph (A) on an annual basis to satisfy that requirement with prior notification of intent to do so to the appropriate committees of Congress. “(c) Sunset .— This section shall cease to have effect on December 31, 2028 . The Director and Coordinator shall carry out this section before such date regardless of any ceasefire or cessation of armed hostilities by Russia in Ukraine occurring before such date.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6512 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
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.
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.
Any individual nominated for appointment as Principal Deputy Director of National Intelligence shall have extensive national security experience and management expertise.
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.
The Principal Deputy Director of National Intelligence shall assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director.
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.
There may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of National Intelligence.
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.
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.
The positions referred to in this paragraph are the following:
The Director of National Intelligence.
The Principal Deputy Director of National Intelligence.
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)—
be a commissioned officer of the Armed Forces, in active status; or
have, by training or experience, an appreciation of military intelligence activities and requirements.
A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)—
shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense;
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
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.
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.
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.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
There is a National Intelligence Council.
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.
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.
The National Intelligence Council shall—
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);
evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and resources of such collection and production; and
otherwise assist the Director of National Intelligence in carrying out the responsibilities of the Director under section 3024 of this title.
The Director of National Intelligence shall ensure that the Council satisfies the needs of policymakers and other consumers of intelligence.
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.
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.
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.
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.
The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.
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.
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.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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.
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.
The General Counsel is the chief legal officer of the Office of the Director of National Intelligence.
The General Counsel shall perform such functions as the Director of National Intelligence may prescribe.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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.
The Civil Liberties Protection Officer shall report directly to the Director of National Intelligence.
The Civil Liberties Protection Officer shall—
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;
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;
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;
ensure that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
ensure that personal information contained in a system of records subject to section 552a of title 5 (popularly referred to as the “Privacy Act”), is handled in full compliance with fair information practices as set out in that section;
conduct privacy impact assessments when appropriate or as required by law; and
perform such other duties as may be prescribed by the Director of National Intelligence or specified by law.
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).
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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.
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.
The Director of Science and Technology shall—
act as the chief representative of the Director of National Intelligence for science and technology;
chair the Director of National Intelligence Science and Technology Committee under subsection (d);
assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
assist the Director on the science and technology elements of the budget of the Office of the Director of National Intelligence; and
perform other such duties as may be prescribed by the Director of National Intelligence or specified by law.
There is within the Office of the Director of Science and Technology a Director of National Intelligence Science and Technology Committee.
The Committee shall be composed of the principal science officers of the National Intelligence Program.
The Committee shall—
coordinate advances in research and development related to intelligence; and
perform such other functions as the Director of Science and Technology shall prescribe.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 117–263, div. F, title LXVII, § 6703(a), Dec. 23, 2022, 136 Stat. 3562, provided that:
“The Director of Science and Technology may— “(1) conduct reviews of the policies, standards, and procedures of the intelligence community that relate to emerging technologies and, as appropriate, recommend to the Director of National Intelligence changes to such policies, standards, and procedures, to accelerate and increase the adoption of emerging technologies by the intelligence community; “(2) make recommendations, in coordination with the heads of the elements of the intelligence community, to the Director of National Intelligence with respect to the budgets of such elements, to accelerate and increase the adoption of emerging technologies by such elements; and “(3) coordinate with the Under Secretary of Defense for Research and Engineering on initiatives, policies, and programs carried out jointly between the intelligence community and the Department of Defense to accelerate and increase the adoption of emerging technologies.”
[For definition of “intelligence community” as used in section 6703(a) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definition of “emerging technology” as used in section 6703(a) of Pub. L. 117–263, set out above, see section 6701 of Pub. L. 117–263, set out as a note under section 3024 of this title.]
The Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3382 ) is a component of the Office of the Director of National Intelligence.
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.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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.
Subject to the direction of the Director of National Intelligence, the Chief Information Officer of the Intelligence Community shall—
manage activities relating to the information technology infrastructure and enterprise architecture requirements of the intelligence community;
have procurement approval authority over all information technology items related to the enterprise architectures of all intelligence community components;
direct and manage all information technology-related procurement for the intelligence community; and
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.
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.
An individual serving in the position of Chief Information Officer of the Intelligence Community or chief information officer of any other element of the intelligence community shall not concurrently serve as the Intelligence Community Chief Data Officer under section 3034b of this title and as the chief data officer of any other element of the intelligence community.
Pub. L. 108–487, title III, § 303(b), Dec. 23, 2004, 118 Stat. 3944, provided that:
“The amendments made by this section [enacting this section] shall take effect on the effective date of the National Security Intelligence Reform Act of 2004 [see section 1097 of Pub. L. 108–458 , set out in an Effective Date of 2004 Amendment; Transfer, Termination, and Transition Provisions note under section 3001 of this title ], as provided in section 801 of this Act [set out in an Effective Date of 2004 Amendments note under section 2656f of Title 22 , Foreign Relations and Intercourse].”
There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community.
The purpose of the Office of the Inspector General of the Intelligence Community is—
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;
to provide leadership and coordination and recommend policies for activities designed—
to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and activities; and
to prevent and detect fraud and abuse in such programs and activities;
to provide a means for keeping the Director of National Intelligence fully and currently informed about—
problems and deficiencies relating to the administration of programs and activities within the responsibility and authority of the Director of National Intelligence; and
the necessity for, and the progress of, corrective actions; and
in the manner prescribed by this section, to ensure that the congressional intelligence committees are kept similarly informed of—
significant problems and deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence; and
the necessity for, and the progress of, corrective actions.
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.
The nomination of an individual for appointment as Inspector General shall be made—
without regard to political affiliation;
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
on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or investigations.
The Inspector General shall report directly to and be under the general supervision of the Director of National Intelligence.
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.
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—
identify each entity that is conducting, or that conducted, the inquiry; and
in the case of a completed inquiry, contain the findings made during the inquiry.
Subject to the other provisions of this paragraph, only the President may place the Inspector General on nonduty status.
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—
the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5; and
in the communication, the President includes a report on the determination described in clause (i), which shall include—
a specification of which clause of section 6329b(b)(2)(A) of title 5 the President has determined applies under clause (i);
the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.
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—
has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5; and
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.
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
If the Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—
subject to subparagraph (D), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5; and
notwithstanding clause (ii), and subject to subparagraphs (D) and (E), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5 only if—
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—
the requirement under this subclause shall not apply if the officer is an Inspector General; and
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;
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;
the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and
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.
the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5; and
if the first assistant described in clause (i) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in the Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, if—
that direction satisfies the requirements under subclauses (II), (III), and (IV) of subparagraph (B)(iii); and
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.
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.
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—
the first assistant to the position of Inspector General; or
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.
Subject to the policies of the Director of National Intelligence, the Inspector General of the Intelligence Community shall—
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;
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
appoint other Assistant Inspectors General that, in the judgment of the Inspector General, are necessary to carry out the duties of the Inspector General.
It shall be the duty and responsibility of the Inspector General of the Intelligence Community—
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;
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;
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
in the execution of the duties and responsibilities under this section, to comply with generally accepted government auditing.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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—
the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5 (commonly known as the “Freedom of Information Act”); and
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.
An individual may disclose classified information to the Inspector General in accordance with the applicable security standards and procedures established under section 3024 or 3162a of this title, chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.), Executive Order 13526 (50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law.
A disclosure under clause (i) of classified information made by an individual without appropriate clearance or authority to access such classified information at the time of the disclosure, but that is otherwise made in accordance with applicable security standards and procedures, shall be treated as an authorized disclosure that does not violate a covered provision.
Nothing in clause (ii) may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with applicable security guidance and procedures, including with respect to the removal or retention of classified information.
In this subparagraph, the term “covered provision” means—
any otherwise applicable nondisclosure agreement;
any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) or Executive Order 13526;
section 798 of title 18; or
any other provision of law with respect to the unauthorized disclosure of national security information.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Inspector General of the Intelligence Community shall—
appoint a Counsel to the Inspector General who shall report to the Inspector General; or
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.
The counsel appointed or obtained under paragraph (1) shall perform such functions as the Inspector General may prescribe.
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.
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.
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.
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.
Consistent with budgetary and personnel resources allocated by the Director of National Intelligence, the Inspector General has final approval of—
the selection of internal and external candidates for employment with the Office of the Inspector General; and
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.
Subject to the concurrence of the Director of National Intelligence, the Inspector General may request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General from any Federal, State (as defined in section 3164 of this title), or local governmental agency or unit thereof.
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.
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.
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.
Each report under this paragraph shall include, at a minimum, the following:
A list of the title or subject of each investigation, inspection, audit, or review conducted during the period covered by such report.
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.
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).
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.
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.
A description of the exercise of the subpoena authority under subsection (g)(5) by the Inspector General during the period covered by such report.
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.
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.
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.
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.
In the event that—
the Inspector General shall immediately notify, and submit a report to, the congressional intelligence committees on such matter.
the Inspector General is unable to resolve any differences with the Director affecting the execution of the duties or responsibilities of the Inspector General;
an investigation, inspection, audit, or review carried out by the Inspector General focuses on any current or former intelligence community official who—
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;
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
holds or held a position as head of an element of the intelligence community or a position covered by subsection (b) or (c) of section 3041 of this title;
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);
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
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 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.
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.
An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information in writing to the Inspector General.
The Inspector General shall—
provide reasonable support necessary to ensure that an employee can report a complaint or information under this subparagraph in writing; and
if such submission is not feasible, create a written record of the employee’s verbal complaint or information and treat such written record as a written submission.
In accordance with clause (ii), the Inspector General shall determine whether a complaint or information reported under subparagraph (A) appears credible. Upon making such a determination, the Inspector General shall transmit to the Director a notice of that determination, together with the complaint or information.
The Inspector General shall make the determination under clause (i) with respect to a complaint or information under subparagraph (A) by not later than the end of the 14-calendar-day period beginning on the date on which the employee who reported the complaint or information confirms to the Inspector General the intent of the employee to report to Congress that complaint or information.
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.
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.
An employee may contact the congressional intelligence committees directly as described in clause (i) only if the employee—
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
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.
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.
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.
An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.
In this paragraph, the term “urgent concern” means any of the following:
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—
a matter of national security; and
not a difference of opinion concerning public policy matters.
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.
An action, including a personnel action described in section 2302(a)(2)(A) of title 5, constituting reprisal or threat of reprisal prohibited under subsection (g)(3)(B) of this section in response to an employee’s reporting an urgent concern in accordance with this paragraph.
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.
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.
In this paragraph, the term “employee” includes a former employee, if the complaint or information reported under subparagraph (A) arises from or relates to the period during which the former employee was an employee.
In accordance with section 535 of title 28, the Inspector General shall expeditiously report to the Attorney General any information, allegation, or complaint received by the Inspector General relating to violations of Federal criminal law that involve a program or operation of an element of the intelligence community, or in the relationships between the elements of the intelligence community, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. A copy of each such report shall be furnished to the Director.
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.
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.
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—
the aggregate amount requested for the operations of the Inspector General;
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
the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount.
In transmitting a proposed budget to the President for a fiscal year, the Director of National Intelligence shall include for such fiscal year—
the aggregate amount requested for the Inspector General of the Intelligence Community;
the amount requested for Inspector General training;
the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and
the comments of the Inspector General, if any, with respect to such proposed budget.
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 separate statement of the budget estimate transmitted pursuant to paragraph (1);
the amount requested by the Director for the Inspector General pursuant to paragraph (2)(A);
the amount requested by the Director for the training of personnel of the Office of the Inspector General pursuant to paragraph (2)(B);
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
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.
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.
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.
Amendment by section 5203(b) of Pub. L. 117–263 effective Dec. 23, 2022, except that such amendment to take effect 30 days after Dec. 23, 2022, with respect to an individual performing the functions and duties of an Inspector General temporarily in an acting capacity, see section 5203(e) of Pub. L. 117–263, set out as a note under section 403 of Title 5, Government Organization and Employees.
Pub. L. 111–259, title IV, § 405(c), Oct. 7, 2010, 124 Stat. 2719, provided that:
“Nothing in the amendment made by subsection (a)(1) [enacting this section] shall be construed to alter the duties and responsibilities of the General Counsel of the Office of the Director of National Intelligence.”
Pub. L. 116–92, div. E, title LIII, § 5334, Dec. 20, 2019, 133 Stat. 2141, as amended by Pub. L. 118–31, div. G, title III, § 7327(a), Dec. 22, 2023, 137 Stat. 1044, provided that:
“(a) System for Notification of Information Relating to Complaints by Whistleblowers Within the Intelligence Community .— Subject to subsection (b), not later than 1 year after the date of the enactment of this Act [ Dec. 20, 2019 ], the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, shall establish a system whereby the Inspector General of the Intelligence Community is notified monthly of the following: “(1) Submission of complaints by whistleblowers to inspectors general of elements of the intelligence community relating to the programs and activities under the jurisdiction of the Director of National Intelligence, and information related to such complaints. “(2) Actions taken by an inspector general of an element of the Intelligence Community relating to such complaints. “(b) Policies for Implementation.— “(1) In general .— The system established under subsection (a) may not be implemented until the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, has developed and released to each of the inspectors general of the elements of the intelligence community written policies regarding the implementation of such subsection. “(2) Requirements .— The policies required by paragraph (1) shall— “(A) protect the privacy of whistleblowers, including by preventing dissemination without the consent of the whistleblower, of any information submitted previously by a whistleblower to an inspector general of an element of the intelligence community; and “(B) ensure compliance with the requirements of subsection (a), while— “(i) ensuring that the Inspector General of the Intelligence Community can oversee whistleblower policies and practices and identify matters that, in the judgment of the Inspector General of the Intelligence Community, may be the subject of an investigation, inspection, audit, or review by the Inspector General of the Intelligence Community; and “(ii) avoiding the imposition of inappropriate resource burdens on inspectors general of elements of the intelligence community.”
[For definition of “whistleblower” as used in section 5334 of Pub. L. 116–92, set out above, see section 5331 of Pub. L. 116–92, set out below.]
[For definition of “intelligence community” as used in section 5334 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]
Pub. L. 116–92, div. E, title LIII, § 5331, Dec. 20, 2019, 133 Stat. 2137, provided that:
“In this subtitle [subtitle C (§§ 5331—5335) of title LIII of div. E of Pub. L. 116–92 , enacting section 3236 of this title and provisions set out as a note above]: “(1) Whistleblower .— The term ‘whistleblower’ means a person who makes a whistleblower disclosure. “(2) Whistleblower disclosure .— The term ‘whistleblower disclosure’ means a disclosure that is protected under section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) or section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j) ).”
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.
Subject to the direction of the Director of National Intelligence, the Chief Financial Officer of the Intelligence Community shall—
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;
participate in overseeing a comprehensive and integrated strategic process for resource management within the intelligence community;
ensure that the strategic plan of the Director of National Intelligence—
is based on budgetary constraints as specified in the Future Year Intelligence Plans and Long-term Budget Projections required under section 3103 of this title; and
contains specific goals and objectives to support a performance-based budget;
prior to the obligation or expenditure of funds for the acquisition of any major system pursuant to a Milestone A or Milestone B decision, receive verification from appropriate authorities that the national requirements for meeting the strategic plan of the Director have been established, and that such requirements are prioritized based on budgetary constraints as specified in the Future Year Intelligence Plans and the Long-term Budget Projections for such major system required under section 3103 of this title;
ensure that the collection architectures of the Director are based on budgetary constraints as specified in the Future Year Intelligence Plans and the Long-term Budget Projections required under section 3103 of this title;
coordinate or approve representations made to Congress by the intelligence community regarding National Intelligence Program budgetary resources;
participate in key mission requirements, acquisitions, or architectural boards formed within or by the Office of the Director of National Intelligence; and
perform such other duties as may be prescribed by the Director of National Intelligence.
The Chief Financial Officer of the Intelligence Community shall serve as the Chief Financial Officer of the intelligence community and, to the extent applicable, shall have the duties, responsibilities, and authorities specified in chapter 9 of title 31.
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.
In this section:
The term “major system” has the meaning given that term in section 3097(e) of this title.
The term “Milestone A” has the meaning given that term in section 3103(f) 1 of this title.
The term “Milestone B” has the meaning given that term in section 3099(e) of this title.
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.
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.
Each manager of an intelligence function established under subsection (a) shall have the duties as follows:
To act as principal advisor to the Director on the intelligence function.
To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section.
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.
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.
The Intelligence Community Chief Data Officer shall—
act as the chief representative of the Director of National Intelligence for data issues within the intelligence community;
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;
assist the Director of National Intelligence regarding data elements of the budget of the Office of the Director of National Intelligence; and
perform other such duties relating to data as may be prescribed by the Director of National Intelligence or specified in law.
Pub. L. 118–31, div. G, title III, § 7310(b)(2), Dec. 22, 2023, 137 Stat. 1028, provided that:
“Not later than 90 days after the date of the enactment of this Act [ Dec. 22, 2023 ], consistent with section 103K(c) of the National Security Act of 1947 ( 50 U.S.C. 3034b(c) ), as amended by paragraph (1), the Director of National Intelligence shall complete such internal reorganization of the Office of the Director of National Intelligence as the Director determines necessary to ensure that the duties of the Intelligence Community Chief Data Officer appointed under such section do not include any other duty that does not relate to an issue involving data.”
In this section:
the term “emerging technology” has the meaning given that term in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 50 U.S.C. 3024 note).
The term “Unit” means the Intelligence Community Innovation Unit.
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.
The plan developed pursuant to paragraph (1) shall cover how the Unit will—
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;
provide to the heads of the elements of the intelligence community seeking to field commercial emerging technologies technical expertise with respect to such technologies.1
facilitate the transition of potential prototypes and solutions to critical mission needs of the intelligence community from research and prototype projects to production; and
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.
The plan developed pursuant to paragraph (1) shall—
plan for not more than 50 full-time equivalent personnel; and
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.
Upon completing development of the plan pursuant to paragraph (1), the Director 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 plan; and
provide such committees and subcommittees a briefing on the plan.
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.
The Unit shall not abrogate or otherwise constrain any element of the intelligence community from conducting authorized activities.
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.
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—
significant relevant experience involving commercial emerging technology within the private sector; and
a demonstrated history of fostering the adoption of commercial emerging technologies by the United States Government or the private sector.
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.
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—
other transaction authorities and nontraditional and rapid acquisition pathways for emerging technology;
engaging and evaluating small- and medium-sized emerging technology companies;
the mission needs of the intelligence community; and
such other skills or experiences as the Director determines necessary.
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.
The Director of the Intelligence Community Innovation Unit shall transition research and prototype projects to products in a production stage upon identifying a demonstrated critical mission need of one or more elements of the intelligence community and a potential mission partner likely to field and further fund upon maturation, including by designating projects as Emerging Technology Transition Projects under the pilot program required by section 6713 of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 50 U.S.C. 3024 note).
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.
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.
The Unit established pursuant to subsection (c) will be limited to the existing authorities possessed by the Director of National Intelligence.
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.
There is within the Office of the Director of National Intelligence a National Intelligence Management Council.
The National Intelligence Management Council shall be composed of senior officials within the intelligence community and substantive experts from the public or private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of National Intelligence.
The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the National Intelligence Management Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
Members of the National Intelligence Management Council shall work with each other and with other elements of the intelligence community to ensure proper coordination and to minimize duplication of effort, in addition to the following duties and responsibilities:
Provide integrated mission input to support the processes and activities of the intelligence community, including with respect to intelligence planning, programming, budgeting, and evaluation processes.
Identify and pursue opportunities to integrate or coordinate collection and counterintelligence efforts.
In concert with the responsibilities of the National Intelligence Council, ensure the integration and coordination of analytic and collection efforts.
Develop and coordinate intelligence strategies in support of budget planning and programming activities.
Advise the Director of National Intelligence on the development of the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities).
In concert with the responsibilities of the National Intelligence Council, support the role of the Director of National Intelligence as principal advisor to the President on intelligence matters.
Inform the elements of the intelligence community of the activities and decisions related to missions assigned to the National Intelligence Management Council.
Maintain awareness, across various functions and disciplines, of the mission-related activities and budget planning of the intelligence community.
Evaluate, with respect to assigned mission objectives, requirements, and unmet requirements, the implementation of the budget of each element of the intelligence community.
Provide oversight on behalf of, and make recommendations to, the Director of National Intelligence on the extent to which the activities, program recommendations, and budget proposals made by elements of the intelligence community sufficiently address mission objectives, intelligence gaps, and unmet requirements.
Members of the National Intelligence Management Council, under the direction of the Director of National Intelligence, shall serve as mission managers to ensure integration among the elements of the intelligence community and across intelligence functions, disciplines, and activities for the purpose of achieving unity of effort and effect, including through the following responsibilities:
Planning and programming efforts.
Budget and program execution oversight.
Engagement with elements of the intelligence community and with policymakers in other agencies.
Workforce competencies and training activities.
Development of capability requirements.
Development of governance fora, policies, and procedures.
The Director of National Intelligence shall make available to the National Intelligence Management Council such staff as may be necessary to assist the National Intelligence Management Council in carrying out the responsibilities described in this section.
Under the direction of the Director of National Intelligence, the National Intelligence Management Council shall make reasonable efforts to advise and consult with officers and employees of other departments or agencies, or components thereof, of the United States Government not otherwise associated with the intelligence community.
The heads of the elements of the intelligence community shall provide appropriate support to the National Intelligence Management Council, including with respect to intelligence activities, as required by the Director of National Intelligence.
There is a Central Intelligence Agency.
The function of the Central Intelligence Agency is to assist the Director of the Central Intelligence Agency in carrying out the responsibilities specified in section 3036(c) of this title .
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Authorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under section 2162 of Title 42, The Public Health and Welfare.
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.
The Director of the Central Intelligence Agency shall report to the Director of National Intelligence regarding the activities of the Central Intelligence Agency.
The Director of the Central Intelligence Agency shall—
serve as the head of the Central Intelligence Agency; and
carry out the responsibilities specified in subsection (d).
The Director of the Central Intelligence Agency shall—
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;
correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;
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
perform such other functions and duties related to intelligence affecting the national security as the President or the Director of National Intelligence may direct.
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.
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.
Under the direction of the Director of National Intelligence and in a manner consistent with section 3927 of title 22 , the Director of the Central Intelligence Agency shall coordinate the relationships between elements of the intelligence community and the intelligence or security services of foreign governments or international organizations on all matters involving intelligence related to the national security or involving intelligence acquired through clandestine means.
Pub. L. 108–487, title VI, § 611(b), Dec. 23, 2004, 118 Stat. 3955, as amended by Pub. L. 112–87, title IV, § 412(b), Jan. 3, 2012, 125 Stat. 1890, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to appointments or promotions made on or after the date of the enactment of this Act [ Dec. 23, 2004 ].”
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 112–87, title IV, § 414, Jan. 3, 2012, 125 Stat. 1891, provided that:
“(a) Findings .— Congress finds the following: “(1) On May 1, 2011 , United States personnel killed terrorist leader Osama bin Laden during the course of a targeted strike against his secret compound in Abbottabad, Pakistan. “(2) Osama bin Laden was the leader of the al Qaeda terrorist organization, the most significant terrorism threat to the United States and the international community. “(3) Osama bin Laden was the architect of terrorist attacks which killed nearly 3,000 civilians on September 11, 2001 , the most deadly terrorist attack against our Nation, in which al Qaeda terrorists hijacked four airplanes and crashed them into the World Trade Center in New York City, the Pentagon in Washington, D.C., and, due to heroic efforts by civilian passengers to disrupt the terrorists, near Shanksville, Pennsylvania. “(4) Osama bin Laden planned or supported numerous other deadly terrorist attacks against the United States and its allies, including the 1998 bombings of United States embassies in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in Yemen, and against innocent civilians in countries around the world, including the 2004 attack on commuter trains in Madrid, Spain and the 2005 bombings of the mass transit system in London, England. “(5) Following the September 11, 2001 , terrorist attacks, the United States, under President George W. Bush, led an international coalition into Afghanistan to dismantle al Qaeda, deny them a safe haven in Afghanistan and ungoverned areas along the Pakistani border, and bring Osama bin Laden to justice. “(6) President Barack Obama in 2009 committed additional forces and resources to efforts in Afghanistan and Pakistan as ‘the central front in our enduring struggle against terrorism and extremism’. “(7) The valiant members of the United States Armed Forces have courageously and vigorously pursued al Qaeda and its affiliates in Afghanistan and around the world. “(8) The anonymous, unsung heroes of the intelligence community have pursued al Qaeda and affiliates in Afghanistan, Pakistan, and around the world with tremendous dedication, sacrifice, and professionalism. “(9) The close collaboration between the Armed Forces and the intelligence community prompted the Director of National Intelligence, General James Clapper, to state, ‘Never have I seen a more remarkable example of focused integration, seamless collaboration, and sheer professional magnificence as was demonstrated by the Intelligence Community in the ultimate demise of Osama bin Laden.’. “(10) While the death of Osama bin Laden represents a significant blow to the al Qaeda organization and its affiliates and to terrorist organizations around the world, terrorism remains a critical threat to United States national security. “(11) President Obama said, ‘For over two decades, bin Laden has been al 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) Sense of Congress .— It is the sense of Congress that— “(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) Report on the Operation That Killed Osama Bin Laden .— Not later than 90 days after the completion of the report being prepared by the Center for the Study of Intelligence that documents the history of and lessons learned from the raid that resulted in the death of Osama bin Laden, the Director of the Central Intelligence Agency shall submit such report to the congressional intelligence committees. “(d) Preservation of Records .— The Director of the Central Intelligence Agency shall preserve any records, including intelligence information and assessments, used to generate the report described in subsection (c).”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 414 of Pub. L. 112–87, set out above, see section 2 of Pub. L. 112–87, set out as a note under section 3003 of this title.]
Pub. L. 107–306, title VIII, § 827, Nov. 27, 2002, 116 Stat. 2430, required Director of Central Intelligence to submit annual report on foreign companies involved in the proliferation of weapons of mass destruction that raised or attempted to raise funds in the United States capital markets, prior to repeal by Pub. L. 108–177, title III, § 361(e), Dec. 13, 2003, 117 Stat. 2625.
There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President.
The Deputy Director of the Central Intelligence Agency shall—
assist the Director of the Central Intelligence Agency in carrying out the duties and responsibilities of the Director of the Central Intelligence Agency; and
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.
Pub. L. 111–259, title IV, § 423(c), Oct. 7, 2010, 124 Stat. 2728, provided that:
“The amendments made by this section [enacting this section and amending section 5314 of Title 5 , Government Organization and Employees] shall apply on the earlier of— “(1) the date of the appointment by the President of an individual to serve as Deputy Director of the Central Intelligence Agency pursuant to section 104B of the National Security Act of 1947 [ 50 U.S.C. 3037 ], as added by subsection (a), except that the individual administratively performing the duties of the Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act [ Oct. 7, 2010 ] may continue to perform such duties until the individual appointed to the position of Deputy Director of the Central Intelligence Agency assumes the duties of such position; or “(2) the date of the cessation of the performance of the duties of the Deputy Director of the Central Intelligence Agency by the individual administratively performing such duties as of the date of the enactment of this Act.”
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;
ensure appropriate implementation of the policies and resource decisions of the Director by elements of the Department of Defense within the National Intelligence Program;
ensure that the tactical intelligence activities of the Department of Defense complement and are compatible with intelligence activities under the National Intelligence Program;
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;
eliminate waste and unnecessary duplication among the intelligence activities of the Department of Defense; and
ensure that intelligence activities of the Department of Defense are conducted jointly where appropriate.
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;
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—
for carrying out tasking of imagery collection;
for the coordination of imagery processing and exploitation activities;
for ensuring the dissemination of imagery in a timely manner to authorized recipients; and
notwithstanding any other provision of law, for—
prescribing technical architecture and standards related to imagery intelligence and geospatial information and ensuring compliance with such architecture and standards; and
developing and fielding systems of common concern related to imagery intelligence and geospatial information;
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;
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;
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
that the military departments maintain sufficient capabilities to collect and produce intelligence to meet—
the requirements of the Director of National Intelligence;
the requirements of the Secretary of Defense or the Chairman of the Joint Chiefs of Staff;
the requirements of the unified and specified combatant commands and of joint operations; and
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.
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.
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—
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
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).
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.
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).
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.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.
Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.
Pub. L. 109–163, div. A, title IX, § 931, Jan. 6, 2006, 119 Stat. 3411, provided that:
“(a) Findings .— Congress makes the following findings: “(1) Open-source intelligence (OSINT) is intelligence that is produced from publicly available information and is collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement. “(2) With the Information Revolution, the amount, significance, and accessibility of open-source information has expanded significantly, but the intelligence community has not expanded its exploitation efforts and systems to produce open-source intelligence. “(3) The production of open-source intelligence is a valuable intelligence discipline that must be integrated into intelligence tasking, collection, processing, exploitation, and dissemination to ensure that United States policymakers are fully and completely informed. “(4) The dissemination and use of validated open-source intelligence inherently enables information sharing since open-source intelligence is produced without the use of sensitive sources and methods. Open-source intelligence products can be shared with the American public and foreign allies because of the unclassified nature of open-source intelligence. “(5) The National Commission on Terrorist Attacks Upon the United States (popularly referred to as the ‘9/11 Commission’), in its final report released on July 22, 2004 , identified shortfalls in the ability of the United States to use all-source intelligence, a large component of which is open-source intelligence. “(6) In the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ) [see Tables for classification], Congress calls for coordination of the collection, analysis, production, and dissemination of open-source intelligence. “(7) The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, in its report to the President released on March 31, 2005 , found that ‘the need for exploiting open-source material is greater now than ever before,’ but that ‘the Intelligence Community’s open source programs have not expanded commensurate with either the increase in available information or with the growing importance of open source data to today’s problems’. “(b) Department of Defense Strategy for Open-Source Intelligence.— “(1) Development of strategy .— The Secretary of Defense shall develop a strategy for the purpose of integrating open-source intelligence into the Defense intelligence process. The strategy shall be known as the ‘Defense Strategy for Open-Source Intelligence’. The strategy shall be incorporated within the larger Defense intelligence strategy. “(2) Submission .— The Secretary shall submit to Congress a report setting forth the strategy developed under paragraph (1). The report shall be submitted not later than 180 days after the date of the enactment of this Act [ Jan. 6, 2006 ]. “(c) Matters to Be Included .— The strategy under subsection (b) shall include the following: “(1) A plan for providing funds over the period of the future-years defense program for the development of a robust open-source intelligence capability for the Department of Defense, with particular emphasis on exploitation and dissemination. “(2) A description of how management of the collection of open-source intelligence is currently conducted within the Department of Defense and how that management can be improved. “(3) A description of the tools, systems, centers, organizational entities, and procedures to be used within the Department of Defense to perform open-source intelligence tasking, collection, processing, exploitation, and dissemination. “(4) A description of proven tradecraft for effective exploitation of open-source intelligence, to include consideration of operational security. “(5) A detailed description on how open-source intelligence will be fused with all other intelligence sources across the Department of Defense. “(6) A description of— “(A) a training plan for Department of Defense intelligence personnel with respect to open-source intelligence; and “(B) open-source intelligence guidance for Department of Defense intelligence personnel. “(7) A plan to incorporate the function of oversight of open-source intelligence— “(A) into the Office of the Undersecretary of Defense for Intelligence; and “(B) into service intelligence organizations. “(8) A plan to incorporate and identify an open-source intelligence specialty into personnel systems of the Department of Defense, including military personnel systems. “(9) A plan for the use of intelligence personnel of the reserve components to augment and support the open-source intelligence mission. “(10) A plan for the use of the Open-Source Information System for the purpose of exploitation and dissemination of open-source intelligence.”
Pub. L. 106–567, title V, § 501, Dec. 27, 2000, 114 Stat. 2850, as amended by Pub. L. 108–136, div. A, title IX, § 921(g), Nov. 24, 2003, 117 Stat. 1570, provided that:
“If the Director of Central Intelligence requests that the Secretary of Defense exercise any authority available to the Secretary under [former] section 1101(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 5 U.S.C. 3104 note) to carry out a program of special personnel management authority at the National Geospatial-Intelligence Agency and the National Security Agency in order to facilitate recruitment of eminent experts in science and engineering at such agencies, the Secretary shall respond to such request not later than 30 days after the date of such request.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
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.
With respect to elements within the Department of Defense, the authority in subsection (a) applies only to the following:
The National Security Agency.
The National Reconnaissance Office.
The National Geospatial-Intelligence Agency.
The Defense Intelligence Agency.
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.
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.
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.
For purposes of subsection (a):
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.
The term “United States person” means the following:
A United States citizen.
An alien known by the intelligence agency concerned to be a permanent resident alien.
An unincorporated association substantially composed of United States citizens or permanent resident aliens.
A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
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.
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.
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.
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).
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
No element of the intelligence community may collect or maintain information concerning a United States person (as defined in section 3039 of this title ) solely for the purpose of monitoring an activity protected by the first amendment to the Constitution of the United States.
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.
Paragraph (1) applies to the following positions:
The Principal Deputy Director of National Intelligence.
The Director of the Central Intelligence Agency.
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.
Paragraph (1) applies to the following positions:
The Director of the National Security Agency.
The Director of the National Reconnaissance Office.
The Director of the National Geospatial-Intelligence Agency.
The Assistant Secretary of State for Intelligence and Research.
The Director of the Office of Intelligence and Counterintelligence of the Department of Energy.
The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position.
The Under Secretary of Homeland Security for Intelligence and Analysis.
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.
Paragraph (1) applies to the following positions:
The Director of the Defense Intelligence Agency.
The Assistant Commandant of the Coast Guard for Intelligence.
The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
There is a Director of the National Reconnaissance Office.
The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate.
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.
There is established in the National Reconnaissance Office an advisory board (in this section referred to as the “Board”).
The Board shall—
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
advise and report directly to the Director with respect to such matters.
The Board shall be composed of up to 8 members appointed by the Director, in consultation with the Director of National Intelligence and the Secretary of Defense, from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office, and who do not present any actual or potential conflict of interest.
The Director shall ensure that no more than 2 concurrently serving members of the Board qualify for membership on the Board based predominantly on a single qualification set forth under clause (i).
Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10 ) of such appointment.
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.
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.
The Board shall have a Chair, who shall be appointed by the Director from among the members.
Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board.
The Board shall meet not less than quarterly, but may meet more frequently at the call of the Director.
The Director shall establish a charter for the Board that includes the following:
Mandatory processes for identifying potential conflicts of interest, including the submission of initial and periodic financial disclosures by Board members.
The vetting of potential conflicts of interest by the designated agency ethics official, except that no individual waiver may be granted for a conflict of interest identified with respect to the Chair of the Board.
The establishment of a process and associated protections for any whistleblower alleging a violation of applicable conflict of interest law, Federal contracting law, or other provision of law.
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.
The Federal Advisory Committee Act (5 U.S.C. App.) 1 1 See References in Text note below. shall not apply to the Board.
The Board shall terminate on August 31, 2027 .
Pub. L. 113–126, title IV, § 413, July 7, 2014, 128 Stat. 1410, as amended by Pub. L. 117–286, § 4(b)(12), Dec. 27, 2022, 136 Stat. 4344, provided that:
“(a) In General .— The amendments made by sections 411 [enacting this section] and 412 [amending sections 8G and 12 of Pub. L. 95–452 , formerly set out in the Appendix to Title 5, Government Organization and Employees] shall take effect on October 1, 2014 , and shall apply upon the earlier of— “(1) in the case of section 411— “(A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014 ; or “(B) the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014 ; and “(2) in the case of section 412— “(A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014 ; or “(B) the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014 . “(b) Exception for Initial Nominations .— Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Reconnaissance Office or the Inspector General of the National Reconnaissance Office on the date that the President first nominates an individual for such position on or after October 1, 2014 , may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. “(c) Incumbent Inspector General .— The individual serving as Inspector General of the National Reconnaissance Office on the date of the enactment of this Act [ July 7, 2014 ] shall be eligible to be appointed by the President to a new term of service under section 403 of title 5 , United States Code, by and with the advice and consent of the Senate.”
Pub. L. 116–92, div. E, title LXIV, § 6433(b), Dec. 20, 2019, 133 Stat. 2201, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Director of the National Reconnaissance Office shall appoint the initial five members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 ( 50 U.S.C. 3041a ), as added by subsection (a).”
Pub. L. 113–126, title IV, § 411(b), July 7, 2014, 128 Stat. 1409, provided that:
“(1) In general .— The President may designate the Director of the National Reconnaissance Office as a position of importance and responsibility under section 601 of title 10 , United States Code. “(2) Effective date .— Paragraph (1) shall take effect on the date of the enactment of this Act [ July 7, 2014 ].”
[Repealed]
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”).
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 section 1105 of title 31.
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).
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:
The worldwide interests, goals, and objectives of the United States that are vital to the national security of the United States.
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.
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).
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.
Such other information as may be necessary to help inform Congress on matters relating to the national security strategy of the United States.
Each national security strategy report shall be transmitted to Congress in classified form, but may include an unclassified summary.
Pub. L. 112–81, div. A, title X, § 1032, Dec. 31, 2011, 125 Stat. 1571, as amended by Pub. L. 113–291, div. A, title XII, § 1262, Dec. 19, 2014, 128 Stat. 3580, provided that:
“(a) Purpose .— The purpose of this section is to improve interagency strategic planning and execution to more effectively integrate efforts to deny safe havens and strengthen at-risk states to further the goals of the National Security Strategy related to the disruption, dismantlement, and defeat of al-Qaeda and its violent extremist affiliates. “(b) National Security Planning Guidance.— “(1) Guidance required .— The President shall issue classified or unclassified national security planning guidance in support of objectives stated in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 ( 50 U.S.C. 404a ) [now 50 U.S.C. 3043 ] to deny safe havens to al-Qaeda and its violent extremist affiliates and to strengthen at-risk states. Such guidance shall serve as the strategic plan that governs United States and coordinated international efforts to enhance the capacity of governmental and nongovernmental entities to work toward the goal of eliminating the ability of al-Qaeda and its violent extremist affiliates to establish or maintain safe havens. “(2) Contents of guidance .— The guidance required under paragraph (1) shall include each of the following: “(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) Review and update of guidance .— The President shall review and update the guidance required under paragraph (1) as necessary. Any such review shall address each of the following: “(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) Report.— “(A) In general .— Not later than 180 days after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 [ Dec. 19, 2014 ], the President shall submit to the appropriate congressional committees a report that contains a detailed summary of the national security planning guidance required under paragraph (1), including any updates thereto. “(B) Form .— The report may include a classified annex as determined to be necessary by the President. “(C) Definition .— In this paragraph, the term ‘appropriate congressional committees’ means— “(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) Specified geographic area defined .— In this subsection, the term ‘specified geographic area’ means any country, subnational territory, or region— “(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.”
Pub. L. 112–81, div. A, title X, § 1072, Dec. 31, 2011, 125 Stat. 1592, as amended by Pub. L. 114–92, div. A, title X, § 1076(d), Nov. 25, 2015, 129 Stat. 998, provided that:
“(a) Implementation Plan .— Not later than 270 days after the date of the enactment of this Act [ Dec. 31, 2011 ], the President shall submit to the appropriate congressional committees an implementation plan for achieving the whole-of-government integration vision prescribed in the President’s National Security Strategy of May 2010. The implementation plan shall include— “(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) Definitions .— In this section: “(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 section 105 of title 5 , United States Code.”
Pub. L. 102–172, title VIII, § 8132, Nov. 26, 1991, 105 Stat. 1208, provided for establishment of a National Commission which was to submit to Congress, not later than May 1, 1993, a final report containing an assessment and recommendations regarding role of, and requirements for, nuclear weapons in security strategy of United States as result of significant changes in former Warsaw Pact, former Soviet Union, and Third World, including possibilities for international cooperation with former Soviet Union regarding such problems, and safeguards to protect against accidental or unauthorized use of nuclear weapons, further directed Commission to obtain study from National Academy of Sciences on these matters, further authorized establishment of joint working group comprised of experts from governments of United States and former Soviet Union which was to meet on regular basis and provide recommendations regarding these matters, and further provided for composition of Commission as well as powers, procedures, personnel matters, appropriations, and termination of Commission upon submission of its final report.
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.
Each national intelligence strategy required by subsection (a) shall—
delineate a national intelligence strategy consistent with—
the most recent national security strategy report submitted pursuant to section 3043 of this title;
the strategic plans of other relevant departments and agencies of the United States; and
other relevant national-level plans;
address matters related to national and military intelligence, including counterintelligence;
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;
describe how the intelligence community will utilize personnel, technology, partnerships, and other capabilities to pursue the major national security missions identified in paragraph (3);
assess current, emerging, and future threats to the intelligence community, including threats from foreign intelligence and security services and insider threats;
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;
identify sources of strategic, institutional, programmatic, fiscal, and technological risk; and
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.
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.
In this section, the term “appropriate congressional committees” means—
the congressional intelligence committees; and
the Committees on Armed Services of the House of Representatives and the Senate.
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.
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.
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).
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.
The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially—
conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses;
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—
increasing the centralization of the management of software licenses;
increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;
analyzing software license data to inform investment decisions; and
providing appropriate personnel with sufficient software licenses management training; and
submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2).
The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially—
compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses;
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—
increasing the centralization of the management of software licenses;
increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;
analyzing software license data to inform investment decisions; and
providing appropriate personnel with sufficient software licenses management training; and
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.
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).
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.
Pub. L. 113–126, title III, § 307(b), July 7, 2014, 128 Stat. 1397, provided that:
“(1) Intelligence community elements.— “(A) Date .— Not later than 120 days after the date of the enactment of this Act [ July 7, 2014 ], the chief information officer of each element of the intelligence community shall complete the initial inventory, assessment, and submission required under section 109(a) of the National Security Act of 1947 [ 50 U.S.C. 3044(a) ], as added by subsection (a) of this section. “(B) Basis .— The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947 [ 50 U.S.C. 3044(a)(1) ], as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2472 ) for such element. “(2) Chief information officer of the intelligence community .— Not later than 180 days after the date of the enactment of this Act [ July 7, 2014 ], the Chief Information Officer of the Intelligence Community shall complete the initial compilation and assessment required under section 109(b) of the National Security Act of 1947 [ 50 U.S.C. 3044(b) ], as added by subsection (a).”
[For definition of “intelligence community” as used in section 307(b) of Pub. L. 113–126, set out above, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.]
In addition to the Department of Defense missions set forth in section 442 of title 10 , the National Geospatial-Intelligence Agency shall support the geospatial intelligence requirements of the Department of State and other departments and agencies of the United States outside the Department of Defense.
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).
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.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 116–260, div. W, title VI, § 612, Dec. 27, 2020, 134 Stat. 2395, provided that:
“(a) Research Partnership.— “(1) Requirement .— Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2020 ], the Director of the National Geospatial-Intelligence Agency shall seek to enter into a partnership with an academic or non-profit research institution to— “(A) carry out joint unclassified geospatial intelligence analyses of the activities of the 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) Elements .— The Director shall ensure that the activities of China analyzed under paragraph (1)(A) include the following: “(A) Any notable developments relating to the global activities of the 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) Consortium .— In carrying out paragraph (1), the Director may enter into a partnership with— “(A) one research institution; or “(B) a consortium of research institutions if the Director determines that the inclusion of multiple institutions will result in more effective research conducted pursuant to this section or improve the outcomes of such research. “(4) Duration .— The Director shall carry out a partnership under this section for a period that is not less than 10 years following the date of the enactment of this Act. “(5) Improvements to partnership .— The Director may modify the partnership under paragraph (1) or select a new research institution with which to enter into such a partnership if— “(A) the Director consults with the congressional intelligence committees with respect to the proposed modified or new partnership; “(B) the modified or new partnership is carried out in accordance with this section; and “(C) the Director determines that the modified or new partnership will result in more effective research conducted pursuant to this section or improve the outcomes of such research. “(b) Open-Source Data.— “(1) Identification and publication .— During the life of the partnership under subsection (a), the Director shall regularly— “(A) identify raw, unclassified geospatial data that could improve the research conducted under the partnership if the data was made publicly available; and “(B) make such data publicly available. “(2) Consultation .— The Director shall carry out paragraph (1) in consultation with the research institution or consortium of research institutions involved with the partnership under subsection (a). “(c) Briefings .— Not later than 270 days after the date of the enactment of this Act, and annually thereafter during the life of the partnership under subsection (a), the Director shall provide to the appropriate congressional committees a briefing on the partnership. Each such briefing shall include the following: “(1) The outcomes of research conducted under the partnership. “(2) Identification of the actions that have been taken to increase the quantity and quality of unclassified geospatial analysis products made publicly available under the partnership, including the quantity and types of raw data the partnership has made publicly available. “(3) Identification of actual and projected costs to carry out the partnership. “(d) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the congressional intelligence committees [Select Committee on Intelligence and Committee on Appropriations of the Senate and Permanent Select Committee on Intelligence and Committee on Appropriations of the House of Representatives]; “(2) Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and “(3) Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.”
[Repealed]
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 section 3001 of this title.
Repeal effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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.
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.
The President may not delegate or assign the duties of the President under this section.
Nothing in this section shall be construed to—
impair or otherwise affect the authority of the Director of National Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to section 3024(h) of this title; or
supersede or otherwise affect the provisions of subchapter III of this chapter.
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.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by section 361(b) of Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.
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.
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.
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.
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:
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—
with respect to detailed employees of the Department of Defense, the Secretary of Defense; and
with respect to detailed employees of other agencies and departments, the head of such agency or department.
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.
The lodging is within a reasonable proximity of the host agency duty station.
The distance between the detailed employee’s parent agency duty station and the host agency duty station is greater than 20 miles.
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.
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.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 105–107, title III, § 303(d), Nov. 20, 1997, 111 Stat. 2252, provided that:
“The amendment made by subsection (a) [enacting this section] shall apply to an employee on detail on or after January 1, 1997 .”
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.
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)—
establish higher minimum rates of pay; and
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.
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.
The special rate supplements resulting from the establishment of higher rates under paragraph (1) shall be basic pay for the same or similar purposes as those specified in section 5305(j) of title 5 .
Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay—
not to exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5 if the Director certifies to the Under Secretary of Defense for Intelligence and Security, in consultation with the Under Secretary of Defense for Personnel and Readiness, that the rate of pay is for positions that perform functions that execute the cyber mission of the Agency; or
not to exceed the rate of basic pay payable for the Vice President of the United States under section 104 of title 3 if the Director certifies to the Secretary of Defense, by name, individuals that have advanced skills and competencies and that perform critical functions that execute the cyber mission of the Agency.
Employees receiving a special rate under paragraph (1) shall be subject to an aggregate pay limitation that parallels the limitation established in section 5307 of title 5, except that—
any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under title 10 (or any other applicable law in addition to title 5, excluding the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)) shall also be counted as part of aggregate compensation; and
aggregate compensation may not exceed the rate established for the Vice President of the United States under section 104 of title 3.
The number of individuals who receive basic pay established under paragraph (1)(B) may not exceed 100 at any time.
Notwithstanding any other provision of law, special rates of pay and the limitation established under paragraph (1)(B) may not be used as comparative references for the purpose of fixing the rates of basic pay or maximum pay limitations of qualified positions under section 1599f of title 10 or section 658 of title 6 .
Except as provided in subsection (b), a minimum rate of pay established for a category of positions under subsection (a) may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 of title 5 or similar provision of law) for the position in that category of positions without the authority of subsection (a) by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 .
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—
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
the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
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.
The head of each element of the intelligence community shall promulgate regulations to carry out this section with respect to such element, which shall, to the extent practicable, be comparable to the regulations promulgated to carry out section 5305 of title 5 .
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 1 See References in Text note below. the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on any rates of pay established for such element under this section.
Each report required by paragraph (1) shall contain for each element of the intelligence community—
a description of any rates of pay established under subsection (a) or (b); and
the number of positions in such element that will be subject to such rates of pay.
Subject to and in accordance with any guidance and requirements developed by the Director of National Intelligence, the head of an element of the intelligence community may provide goods or services to another element of the intelligence community without reimbursement or transfer of funds for hoteling initiatives for intelligence community employees and affiliates defined in any such guidance and requirements issued by the Director of National Intelligence.
Prior to the provision of goods or services pursuant to subsection (a), the head of the element of the intelligence community providing such goods or services and the head of the element of the intelligence community receiving such goods or services shall approve such provision.
In this section, the term “hoteling” means an alternative work arrangement in which employees of one element of the intelligence community are authorized flexible work arrangements to work part of the time at one or more alternative worksite locations, as appropriately authorized.
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.
Each such report shall include data, disaggregated by category of covered person and by element of the intelligence community, on the following:
Of all individuals employed in the element during the fiscal year involved, the aggregate percentage of such individuals who are covered persons.
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:
Positions at levels 1 through 15 of the General Schedule.
Positions at levels above GS–15.
Of all individuals hired by the element involved during the fiscal year involved, the percentage of such individuals who are covered persons.
Each such report shall be submitted in unclassified form, but may contain a classified annex.
Nothing in this section shall be construed as providing for the substitution of any similar report required under another provision of law.
In this section the term “covered persons” means—
racial and ethnic minorities;
women; and
individuals with disabilities.
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.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.
Pub. L. 111–259, title III, § 335, Oct. 7, 2010, 124 Stat. 2688, provided that:
“(a) Requirement for Report .— Not later than 180 days after the date of the enactment of this Act [ Oct. 7, 2010 ], the Director of National Intelligence shall submit to the congressional intelligence committees a report on— “(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) Content .— The report required by subsection (a) shall include— “(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) Implementation of Strategic Plan .— Not later than 30 days after the date on which the Director of National Intelligence submits the report required by subsection (a), the Director shall begin implementation of the strategic plan referred to in subsection (b)(4).”
[For definitions of terms used in section 335 of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a Definitions note under section 3003 of this title.]
Pub. L. 105–272, title III, § 307(c), Oct. 20, 1998, 112 Stat. 2402, provided that the first report under former subsec. (a) of this section was to be submitted not later than Dec. 31, 1999.
[Repealed]
Pub. L. 111–259, title III, § 368, Oct. 7, 2010, 124 Stat. 2705, which provided that senior intelligence management officials be designated to correct long-standing, correctable material weaknesses of certain intelligence elements, was repealed by Pub. L. 116–92, div. E, title LXVII, § 6726(a), Dec. 20, 2019, 133 Stat. 2236.
A diplomatic intelligence support center may not be established, operated, or maintained without the prior approval of the Director of National Intelligence.
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.
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.
In this section:
The term “diplomatic intelligence support center” means an entity to which employees of the various elements of the intelligence community (as defined in section 3003(4) of this title) are detailed for the purpose of providing analytical intelligence support that—
consists of intelligence analyses on military or political matters and expertise to conduct limited assessments and dynamic taskings for a chief of mission; and
is not intelligence support traditionally provided to a chief of mission by the Director of National Intelligence.
The term “chief of mission” has the meaning given that term by section 3902(3) of title 22, and includes ambassadors at large and ministers of diplomatic missions of the United States, or persons appointed to lead United States offices abroad designated by the Secretary of State as diplomatic in nature.
This section shall cease to be effective on October 1, 2000 .
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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—
is consistent with intelligence community mission requirements, or
is required for cover purposes, operational needs, or other exceptional circumstances necessary for the successful performance of an intelligence community mission.
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.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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.
The analytic capability maintained under paragraph (1) shall be known as the “POW/MIA analytic capability of the intelligence community”.
In this section, the term “unaccounted for United States personnel” means the following:
Any missing person (as that term is defined in section 1513(1) of title 10).
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.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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—
the total number of asset seizures, designations, and other actions against individuals or entities found to have engaged in financial support of terrorism;
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
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.
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.
In the case of the reports required to be submitted under subsection (a) to the congressional intelligence committees, the submittal dates for such reports shall be as provided in section 3106 of this title .
In this section, the term “appropriate congressional committees” means the following:
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.
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.
Pub. L. 119–60, div. F, title LXVIII, § 6801(a)(1)(C), Dec. 18, 2025, 139 Stat. 1652, provided that:
“The amendments made by subparagraphs (A) and (B) [amending section 3106 of this title and repealing this section] shall take effect on December 31, 2026 .”
There is within the Office of the Director of National Intelligence a National Counterterrorism Center.
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.
The Director of the National Counterterrorism Center may not simultaneously serve in any other capacity in the executive branch.
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).
The matters described in this paragraph are as follows:
The budget and programs of the National Counterterrorism Center.
The activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (i).
The conduct of intelligence operations implemented by other elements of the intelligence community; and
The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other than intelligence operations).
The primary missions of the National Counterterrorism Center shall be as follows:
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.
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.
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.
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.
To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities.
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.
The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 3024(b) of this title, receive intelligence pertaining exclusively to domestic counterterrorism from any Federal, State, or local government or other source necessary to fulfill its responsibilities and retain and disseminate such intelligence.
Any agency authorized to conduct counterterrorism activities may request information from the Center to assist it in its responsibilities, consistent with applicable law and the guidelines referred to in section 3024(b) of this title.
The Director of the National Counterterrorism Center shall—
serve as the principal adviser to the Director of National Intelligence on intelligence operations relating to counterterrorism;
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;
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;
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;
support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in section 3024(b) of this title, Executive orders and other Presidential guidance, to State and local government officials, and other entities, and coordinate dissemination of terrorism information to foreign governments as approved by the Director of National Intelligence;
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;
have primary responsibility within the United States Government for conducting net assessments of terrorist threats;
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
perform such other duties as the Director of National Intelligence may prescribe or are prescribed by law.
Nothing in paragraph (1)(G) shall limit the authority of the departments and agencies of the United States to conduct net assessments.
The Director of the National Counterterrorism Center may not direct the execution of counterterrorism operations.
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.
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.
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.
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.
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.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 108–458, title VII, § 7201(b), Dec. 17, 2004, 118 Stat. 3809, directed the Director of the National Counterterrorism Center, not later than 1 year after Dec. 17, 2004, to submit to Congress unclassified and classified versions of a strategy, to be developed in coordination with all relevant Federal agencies, for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility domestically and internationally.
The President shall establish a National Counterproliferation and Biosecurity Center, taking into account all appropriate government tools to—
prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies; and
lead integration and mission management of all intelligence activities pertaining to biosecurity and foreign biological threats.
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.
The National Counterproliferation and Biosecurity Center shall be located within the Office of the Director of National Intelligence.
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 counterproliferation, biosecurity, and foreign biological threats.
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:
Establishing a primary organization within the United States Government for integrating all intelligence possessed or acquired by the United States pertaining to proliferation.
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.
Coordinating the establishment of a central repository on known and suspected proliferation activities, including the goals, strategies, capabilities, networks, and any individuals, groups, or entities engaged in proliferation.
Overseeing the dissemination of proliferation information, including proliferation threats and analyses, to the President, to the appropriate departments and agencies, and to the appropriate committees of Congress.
Conducting and coordinating net assessments and warnings about the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.
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.
Coordinating and advancing 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.
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:
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.
Overseeing and coordinating the collection 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.
Overseeing and coordinating the analysis of intelligence on biosecurity and foreign biological threats in support of the intelligence needs of Federal departments and agencies responsible for public health, including by providing analytic priorities to elements of the intelligence community and by coordinating net assessments.
Coordinating intelligence support to the Federal departments and agencies responsible for public health on matters relating to biosecurity and foreign biological threats, including by ensuring that intelligence pertaining to biosecurity and foreign biological threats is disseminated among appropriately cleared personnel of such departments and agencies.
Coordinating with the Federal departments and agencies responsible for public health to encourage information sharing with the intelligence community.
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 and authorities to counter foreign biological threats.
Enhancing coordination between elements of the intelligence community and private sector entities on information relevant to biosecurity, biotechnology, and foreign biological threats, and coordinating such information with relevant Federal departments and agencies, as applicable.
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.
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.
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.
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.
Amendment by Pub. L. 119–60 effective 180 days after Dec. 18, 2025, see section 6404(g) of Pub. L. 119–60, set out as a note under section 3025 of this title.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 119–60, div. F, title LXIV, § 6404(a), Dec. 18, 2025, 139 Stat. 1617, provided that:
“(1) Termination of center .— Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Director of National Intelligence shall terminate the National Counterproliferation and Biosecurity Center, including such missions, objectives, staff, and resources of the Center, as is consistent with the provisions of this section [amending this section and section 3025 of this title and enacting provisions set out as notes under this section and section 3025 of this title ] and the amendments made by this section. “(2) Termination of director of the center .— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall terminate the position of the Director of the National Counterproliferation and Biosecurity Center, as is consistent with the provisions of this section.”
Pub. L. 119–60, div. F, title LXIV, § 6404(h), Dec. 18, 2025, 139 Stat. 1618, provided that:
“On and after the date that is 180 days after the date of enactment of this Act [ Dec. 18, 2025 ], any reference to the National Counterproliferation and Biosecurity Center in law shall be treated as a reference to the Office of the Director of National Intelligence, and any reference to the Director of the National Counterproliferation and Biosecurity Center in law shall be treated as a reference to the Director of National Intelligence.”
Pub. L. 117–103, div. X, title IV, § 401(e), Mar. 15, 2022, 136 Stat. 975, provided that:
“Any reference in any law, regulation, guidance, instruction, or other document of the United States Government to the National Counter Proliferation Center shall be deemed to refer to the National Counterproliferation and Biosecurity Center.”
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 section 301 of Title 3, The President.
The Director of National Intelligence may establish one or more national intelligence centers to address intelligence priorities, including, but not limited to, regional issues.
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.
The Director of National Intelligence shall ensure that each national intelligence center has appropriate personnel to accomplish effectively the mission of such center.
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.
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—
have primary responsibility for providing all-source analysis of intelligence based upon intelligence gathered both domestically and abroad;
have primary responsibility for identifying and proposing to the Director of National Intelligence intelligence collection and analysis and production requirements; and
perform such other duties as the Director of National Intelligence shall specify.
The Director of National Intelligence shall determine on a regular basis whether—
the area of intelligence responsibility assigned to each national intelligence center under subsection (a) continues to meet appropriate intelligence priorities; and
the staffing and management of such center remains appropriate for the accomplishment of the mission of such center.
The Director of National Intelligence may terminate any national intelligence center under subsection (a).
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).
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
There is within the Office of the Director of National Intelligence a Foreign Malign Influence Center (in this section referred to as the “Center”).
The Center shall—
be comprised of analysts from all elements of the intelligence community, including elements with diplomatic and law enforcement functions;
have access to all intelligence and other reporting possessed or acquired by the United States Government pertaining to foreign malign influence;
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
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.
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.
The Director of the Center shall—
report directly to the Director of National Intelligence;
carry out the functions under subsection (b); and
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.
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.
Each report under paragraph (1) shall include, with respect to the period covered by the report, a discussion of the following:
The most significant activities of the Center.
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.
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—
a detailed description that other offices or entities within the intelligence community—
have the capabilities to perform the functions of the Center; and
will exercise the functions of the Center upon the termination of the Center; and
a detailed description of—
the actions the Director of National Intelligence will take to conduct an orderly wind-down of the activities of the Center; and
the proposed timeline for such actions.
In this section:
The term “covered foreign country” means the following:
The Russian Federation.
The Islamic Republic of Iran.
The Democratic People’s Republic of Korea.
The People’s Republic of China.
Any other foreign country that the Director of the Center determines appropriate for purposes of this section.
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—
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
the public opinion within the United States.
Pub. L. 117–263, div. F, title LXIII, § 6307(a)(4), Dec. 23, 2022, 136 Stat. 3505, provided that:
“Any reference in law, regulation, map, document, paper, or other record of the United States to the ‘Foreign Malign Influence Response Center’ shall be deemed to be a reference to the Foreign Malign Influence Center.”
The Director of National Intelligence shall establish a Climate Security Advisory Council for the purpose of—
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;
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
ensuring that the intelligence community is adequately prioritizing climate change in carrying out its activities.
The Council shall be composed of the following individuals appointed by the Director of National Intelligence:
An appropriate official from the National Intelligence Council, who shall chair the Council.
The lead official with respect to climate and environmental security analysis from—
the Central Intelligence Agency;
the Bureau of Intelligence and Research of the Department of State;
the National Geospatial-Intelligence Agency;
the Office of Intelligence and Counterintelligence of the Department of Energy;
the Office of the Under Secretary of Defense for Intelligence and Security; and
the Defense Intelligence Agency.
Three appropriate officials from elements of the Federal Government that are not elements of the intelligence community that are responsible for—
providing decision makers with a predictive understanding of the climate;
making observations of our Earth system that can be used by the public, policymakers, and to support strategic decisions; or
coordinating Federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society.
Any other officials as the Director of National Intelligence or the chair of the Council may determine appropriate.
The chair of the Council shall have responsibility for—
identifying agencies to supply individuals from elements of the Federal Government that are not elements of the intelligence community;
securing the permission of the relevant agency heads for the participation of such individuals on the Council; and
any other duties that the Director of National Intelligence may direct.
The Council shall carry out the following duties and responsibilities:
To meet at least quarterly to—
exchange appropriate data between elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community;
discuss processes for the routine exchange of such data and implementation of such processes; and
prepare summaries of the business conducted at each meeting.
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.
To assess and identify best practices with respect to prior efforts of the intelligence community to analyze climate security.
To assess and describe best practices for identifying and disseminating climate intelligence indications and warnings.
To recommend methods of incorporating analysis of climate security and the best practices identified under paragraphs (2) through (4) into existing analytic training programs.
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.
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—
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
to enable and facilitate the sharing of findings and analysis between such elements.
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.
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.
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.
Each report under paragraph (1) shall include a description of any obstacles or gaps relating to—
the Council fulfilling its duties and responsibilities under subsection (c); or
the responsiveness of the intelligence community to the climate security needs and priorities of the policymaking elements of the Federal Government.
The Council shall terminate on December 31, 2024 .
In this section:
The term “climate security” means the effects of climate change on the following:
The national security of the United States, including national security infrastructure.
Subnational, national, and regional political stability.
The security of allies and partners of the United States.
Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war.
The term “climate intelligence indications and warnings” means developments relating to climate security with the potential to—
imminently and substantially alter the political stability or degree of human security in a country or region; or
imminently and substantially threaten—
the national security of the United States;
the military, political, or economic interests of allies and partners of the United States; or
citizens of the United States abroad.
Pub. L. 116–92, div. E, title LIII, § 5321(c), Dec. 20, 2019, 133 Stat. 2129, provided that:
“Not later than 90 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Director of National Intelligence shall appoint the members of the Council under section 120 of the National Security Act of 1947 [ 50 U.S.C. 3060 ], as added by subsection (a).”
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.
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).
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).
The process established under subparagraph (A) shall include the following:
The immediate transmission of a copy of each applicant’s certification made under subsection (a) to the Director of National Intelligence.
The review of the certification and any accompanying disclosures submitted under subsection (a) as soon as practicable.
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—
misappropriation of United States intellectual property, research and development, and innovation efforts; or
other counterintelligence threats.
Pub. L. 117–263, div. F, title LXIII, § 6302(b), Dec. 23, 2022, 136 Stat. 3502, provided that:
“Subsections (a) and (b) of section 121 of such Act [act July 26, 1947 , 50 U.S.C. 3061 ], as added by subsection (a), shall apply only with respect to grants awarded by an element of the intelligence community after the date of the enactment of this Act [ Dec. 23, 2022 ].”
[For definition of “intelligence community” as used in section 6302(b) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[Repealed]
Pub. L. 119–60, div. F, title LXIV, § 6405(c), Dec. 18, 2025, 139 Stat. 1619, provided that:
“The amendment made by this subsection [probably should be “section”, repealing this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [ Dec. 18, 2025 ].”
Pub. L. 119–60, div. F, title LXIV, § 6405(a), Dec. 18, 2025, 139 Stat. 1619, provided that:
“The Director of National Intelligence shall take such actions as may be necessary to terminate and wind down the operations of the Office of Engagement before the date specified in subsection (c) [see Effective Date of Repeal note above].”
The head of each element of the intelligence community specified in subsection (b) shall designate a senior official of such element to serve as the official responsible for coordinating the activities of such element relating to biotechnology, as those activities are determined and directed by the head of such element.
The elements of the intelligence community specified in this subsection are the following:
The Office of the Director of National Intelligence.
The Central Intelligence Agency.
The National Security Agency.
The Defense Intelligence Agency.
The intelligence elements of the Federal Bureau of Investigation.
The Office of Intelligence and Counterintelligence of the Department of Energy.
Not later than 15 days after designating a senior official under this section, the head of the element of the intelligence community designating such official shall submit notice of the designation to—
the congressional intelligence committees and the Committees on Appropriations of the Senate and the House of Representatives; and
in the case of a designation relating to the Federal Bureau of Investigation, the Committees on the Judiciary of the Senate and the House of Representatives.
Pub. L. 119–60, div. F, title LXVI, § 6611(b), Dec. 18, 2025, 139 Stat. 1637, provided that:
“The head of each element of the intelligence community required to designate a senior official of such element under section 123 of the National Security Act of 1947 [ 50 U.S.C. 3063 ], as added by subsection (a) of this section, shall designate such senior official not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2025 ].”
[For definition of “intelligence community” as used in section 6611(b) of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
SUBCHAPTER II— MISCELLANEOUS PROVISIONS
This section may be cited as the “National Security Agency Voluntary Separation Act”.
For purposes of this section—
the term “Director” means the Director of the National Security Agency; and
the term “employee” means an employee of the National Security Agency, serving under an appointment without time limitation, who has been currently employed by the National Security Agency for a continuous period of at least 12 months prior to the effective date of the program established under subsection (c), except that such term does not include—
a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5 or another retirement system for employees of the Government; or
an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
Notwithstanding any other provision of law, the Director, in his sole discretion, may establish a program under which employees may, after October 1, 2000 , be eligible for early retirement, offered separation pay to separate from service voluntarily, or both.
An employee who—
may, pursuant to regulations promulgated under this section, apply and be retired from the National Security Agency and receive benefits in accordance with chapter 83 or 84 of title 5 if the employee has not less than 10 years of service with the National Security Agency.
is at least 50 years of age and has completed 20 years of service; or
has at least 25 years of service,
Separation pay shall be paid in a lump sum and shall be equal to the lesser of—
an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5 if the employee were entitled to payment under such section; or
$25,000.
Separation pay shall not—
be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5 based on any other separation.
An employee who receives separation pay under such program may not be reemployed by the National Security Agency for the 12-month period beginning on the effective date of the employee’s separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after March 30, 1994 , and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the National Security Agency. If the employment is with an Executive agency (as defined by section 105 of title 5 ), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
An employee may not be separated from service under this section unless the employee agrees that the employee will not—
during the 12-month period beginning on the effective date of the employee’s separation from service.
act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to the National Security Agency; or
participate in any manner in the award, modification, or extension of any contract for property or services with the National Security Agency,
An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section multiplied by the proportion of the 12-month period during which the employee was in violation of the agreement.
Under this program, early retirement and separation pay may be offered only—
with the prior approval of the Director;
for the period specified by the Director; and
to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.
Before an employee may be eligible for early retirement, separation pay, or both, under this section, the Director shall prescribe such regulations as may be necessary to carry out this section.
The Director may not make an offer of early retirement, separation pay, or both, pursuant to this section until 15 days after submitting to the congressional intelligence committees a report describing the occupational groups or geographic locations, or other similar limitations or conditions, required by the Director under subsection (h), and including the proposed regulations issued pursuant to subsection (i).
In addition to any other payment that is required to be made under subchapter III of chapter 83 or chapter 84 of title 5, the National Security Agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary separation payment has been or is to be paid under this section. The remittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 ( 5 U.S.C. 8331 note).
The Director of the Federal Bureau of Investigation may enter into personal services contracts if the personal services to be provided under such contracts directly support the intelligence or counterintelligence missions of the Federal Bureau of Investigation.
The Chief Contracting Officer of the Federal Bureau of Investigation shall ensure that each personal services contract entered into by the Director under this section is the appropriate means of securing the services to be provided under such contract.
Not later than one year after December 13, 2003, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the appropriate committees of Congress a report on the exercise of the authority in section 3072 of this title.
Each report under this section shall include, for the one-year period ending on the date of such report, the following:
The number of contracts entered into during the period.
The cost of each such contract.
The length of each such contract.
The types of services to be provided under each such contract.
The availability, if any, of United States Government personnel to perform functions similar to the services to be provided under each such contract.
The efforts of the Federal Bureau of Investigation to fill available personnel vacancies, or request additional personnel positions, in areas relating to the intelligence or counterintelligence mission of the Bureau.
Each report under this section shall be submitted in unclassified form, but may include a classified annex.
In this section—
for purposes of the submittal of the classified annex to any report under this section, the term “appropriate committees of Congress” means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives; and
for purposes of the submittal of the unclassified portion of any report under this section, the term “appropriate committees of Congress” means—
the committees specified in subparagraph (A);
the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate; and
the Committees on Appropriations, Government Reform and Oversight, and the Judiciary of the House of Representatives.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
The Director of the Office of Defense Mobilization, the Director of National Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, consistent with other provisions of this chapter, such part-time advisory personnel as they may deem necessary in carrying out their respective functions and the functions of agencies under their control. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Retired members of the uniformed services employed by the Director of National Intelligence who hold no other office or position under the United States for which they receive compensation, other members of such committees and other part-time advisory personnel so employed may serve without compensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS–18 of the General Schedule established by section 5332 of title 5, as determined by the appointing authority.
Service of an individual as a member of any such advisory committee, or in any other part-time capacity for a department or agency hereunder, shall not be considered as service bringing such individual within the provisions of section 203, 205, or 207 of title 18, unless the act of such individual, which by such section is made unlawful when performed by an individual referred to in such section, is with respect to any particular matter which directly involves a department or agency which such person is advising or in which such department or agency is directly interested.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
For abolition of Office of Defense Mobilization and its Director and transfers and delegations of their functions to Office of Emergency Planning, Office of Emergency Preparedness, President, Federal Preparedness Agency, Federal Emergency Management Agency, and Secretary of Homeland Security, see Transfer of Functions notes set out under former section 3042 of this title.
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Act June 24, 1948, ch. 632, 62 Stat. 648, which related to authority of former Chairman of National Security Resources Board to appoint advisory committee members and part-time advisory personnel at rates up to $50 per day, was superseded by section 3073(a) of this title.
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
National Security Council transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. 1067. See note set out under section 3021 of this title.
Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position for a designated prohibited foreign country following the date on which the employee ceases to occupy a covered intelligence position.
Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position during the 30-month period following the date on which the employee ceases to occupy a covered intelligence position.
The applicable head of an intelligence community element may waive a restriction in paragraph (1) with respect to an employee or former employee who is subject to that restriction only after—
the employee or former employee submits to the applicable head of the intelligence community element a written application for such waiver in such form and manner as the applicable head of the intelligence community element determines appropriate; and
the applicable head of the element of the intelligence community determines that granting such waiver will not harm the national security interests of the United States.
A waiver issued under subparagraph (A) shall apply for a period not exceeding 5 years. The applicable head of the intelligence community element may renew such a waiver.
The applicable head of the intelligence community element may revoke a waiver issued under subparagraph (A) to an employee or former employee, effective on the date that is 60 days after the date on which the applicable head of the intelligence community element provides the employee or former employee written notice of such revocation.
The 30-month restriction in paragraph (1)(B) shall be tolled for an employee or former employee during the period beginning on the date on which a waiver is issued under subparagraph (A) and ending on the date on which the waiver expires or on the effective date of a revocation under subparagraph (C), as the case may be.
On a quarterly basis, the head of each element of the intelligence community shall submit to the congressional intelligence committees and the congressional defense committees for Department of Defense elements of the intelligence community, a written notification of each waiver or revocation that shall include the following:
With respect to a waiver issued to an employee or former employee—
the covered intelligence position held or formerly held by the employee or former employee; and
a brief description of the covered post-service employment, including the employer and the recipient of the representation, advice, or services.
With respect to a revocation of a waiver issued to an employee or former employee—
the details of the waiver, including any renewals of such waiver, and the dates of such waiver and renewals; and
the specific reasons why the applicable head of the intelligence community element determined that such revocation is warranted.
During the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall—
report covered post-service employment to the head of the element of the intelligence community that employed such employee in such covered intelligence position upon accepting such covered post-service employment; and
annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element.
The period described in this paragraph is the period beginning on the date on which an employee ceases to occupy a covered intelligence position.
The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying a covered intelligence position to sign a written agreement requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1).
A former employee who knowingly and willfully violates subsection (a) or who knowingly and willfully fails to make a required report under subsection (b) shall be fined under title 18 or imprisoned for not more than 5 years, or both. Each report under subsection (b) shall be subject to section 1001 of title 18 .
The head of an element of the intelligence community shall revoke the security clearance of a former employee if the former employee knowingly and willfully fails to make a required report under subsection (b) or knowingly and willfully makes a false report under such subsection.
The head of each element of the intelligence community shall regularly provide training on the restrictions under subsection (a) and the reporting requirements under subsection (b) to employees of that element who occupy a covered intelligence position.
The head of each element of the intelligence community shall provide written notice of the reporting requirements under subsection (b) to an employee when the employee occupies a covered intelligence position.
The head of each element of the intelligence community shall provide written notice of the restrictions under subsection (a) to any person who may be subject to such restrictions on or after December 23, 2022—
when the head of the element determines that such person may become subject to such covered intelligence position restrictions; and
when the person occupies a covered intelligence position.
Upon request from a current employee who occupies a covered intelligence position or a former employee who previously occupied a covered intelligence position, the applicable head of the element of the intelligence community concerned may provide a written advisory opinion to such current or former employee regarding whether a proposed employment, representation, or provision of advice or services constitutes covered post-service employment as defined in subsection (g).
Not later than March 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on covered post-service employment occurring during the year covered by the report.
Each report under paragraph (1) shall include the following:
The number of former employees who occupy a covered post-service position, broken down by—
the name of the employer;
the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and
the nature of the services provided as part of the covered post-service employment.
A certification by the Director that—
each element of the intelligence community maintains adequate systems and processes for ensuring that former employees are submitting reports required under subsection (b);
to the knowledge of the heads of the elements of the intelligence community, all former employees who occupy a covered post-service position are in compliance with this section;
the services provided by former employees who occupy a covered post-service position do not—
pose a current or future threat to the national security of the United States; or
pose a counterintelligence risk; and
the Director and the heads of such elements are not aware of any credible information or reporting that any former employee who occupies a covered post-service position has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.
Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
In addition to the annual reports under subsection (e), if a head of an element of the intelligence community determines that the services provided by a former employee who occupies a covered post-service position pose a threat or risk described in clause (iii) of paragraph (2)(B) of such subsection, or include activities described in clause (iv) of such paragraph, the head shall notify the congressional intelligence committees of such determination by not later than 7 days after making such determination. The notification shall include the following:
The name of the former employee.
The name of the employer.
The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.
As applicable, a description of—
the risk to national security, the counterintelligence risk, or both; and
the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.
In this section:
The term “covered intelligence position” means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section.
The term “covered post-service employment” means direct or indirect employment by, representation of, or any provision of advice or services to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services relates to national security, intelligence, the military, or internal security.
The term “covered post-service position” means a position of employment described in paragraph (2).
The term “designated prohibited foreign country” means the following:
The People’s Republic of China.
The Russian Federation.
The Democratic People’s Republic of Korea.
The Islamic Republic of Iran.
The Republic of Cuba.
The Syrian Arab Republic.
The term “employee”, with respect to an employee occupying a covered intelligence position, includes an officer or official of an element of the intelligence community, a contractor of such an element, a detailee to such an element, or a member of the Armed Forces assigned to such an element.
The term “former employee” means an individual—
who was an employee occupying a covered intelligence position; and
who is subject to the requirements under subsection (a) or (b).
The term “government of a foreign country” has the meaning given the term in section 611(e) of title 22 .
Pub. L. 117–263, div. F, title LXIII, § 6301(e), Dec. 23, 2022, 136 Stat. 3501, provided that:
“Subsection (a)(1)(A) of such section 304 [ 50 U.S.C. 3073a(a)(1)(A) ], as amended by subsection (a) of this section, shall apply only to persons who occupy a covered intelligence position on or after the date that is 45 days after the date on which new or updated regulations are issued under subsection (d)(2) of this section [ section 6301(d)(2) of Pub. L. 117–263 , set out in a note below].”
Pub. L. 117–103, div. X, title III, § 308(a)(2), Mar. 15, 2022, 136 Stat. 970, provided that:
“Such section 304 [ 50 U.S.C. 3073a ], as amended by paragraph (1), shall apply with respect to employees who occupy covered intelligence positions (as defined in such section) on or after the date of the enactment of this Act [ Mar. 15, 2022 ].”
Pub. L. 117–263, div. F, title LXIII, § 6301(d), Dec. 23, 2022, 136 Stat. 3500, provided that:
“(1) Definition of covered intelligence position .— In this subsection, the term ‘covered intelligence position’ has the meaning given such term by such section 304 [ 50 U.S.C. 3073a ]. “(2) Submission .— Not later than 30 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued to carry out such section 304, as amended by subsections (a), (b), and (c) of this section. “(3) Requirements .— The regulations issued under paragraph (1) shall— “(A) include provisions that advise personnel of the intelligence community of the appropriate manner in which such personnel may opt out of positions that— “(i) have been designated as covered intelligence positions before the effective date established in subsection (e) of this section; or “(ii) may be designated as covered intelligence provisions before such designation becomes final; and “(B) establish a period of not fewer than 30 days and not more than 60 days after receipt of the written notice required under paragraph (3) of subsection (d) of such section 304 [ 50 U.S.C. 3073a(d)(3) ], as added by subsection (c)(1) of this section, within which such personnel may opt out of a covered intelligence position and the accompanying obligations imposed by subsection (a)(1)(A) of such section 304 [ 50 U.S.C. 3073a(a)(1)(A) ], as amended by subsection (a) of this section. “(4) Certification .— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees— “(A) a written certification for each head of an element of the intelligence community who has issued new or updated regulations pursuant to paragraph (2); and “(B) for each head of an element of the intelligence community who has not issued such new or updated regulations, an explanation for the failure to issue such new or updated regulations.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6301(d) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
Pub. L. 117–103, div. X, title III, § 308(a)(3), Mar. 15, 2022, 136 Stat. 970, provided that:
“(A) Submission .— Not later than 90 days after the date of the enactment of this Act [ Mar. 15, 2022 ], the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued under such section 304 [ 50 U.S.C. 3073a ], as amended by paragraph (1). “(B) Certification .— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees— “(i) a written certification for each head of an element of the intelligence community who has issued the updated regulations under such section 304, as amended by paragraph (1); and “(ii) for each head of an element of the intelligence community who has not issued such updated regulations, an explanation for the failure to issue such updated regulations.”
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 308(a)(3) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]
Pub. L. 113–293, title III, § 305(b), Dec. 19, 2014, 128 Stat. 3996, provided that:
“(1) Regulations .— Not later than 90 days after the date of the enactment of this Act [ Dec. 19, 2014 ], the head of each element of the intelligence community shall issue the regulations required under section 304 of the National Security Act of 1947 [ 50 U.S.C. 3073a ], as added by subsection (a) of this section. “(2) Certification .— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees— “(A) a certification that each head of an element of the intelligence community has prescribed the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section; or “(B) if the Director is unable to submit the certification described under subparagraph (A), an explanation as to why the Director is unable to submit such certification, including a designation of which heads of an element of the intelligence community have prescribed the regulations required under such section 304 and which have not.”
[For definitions of terms used in section 305(b) of Pub. L. 113–293, set out above, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of this title.]
Pub. L. 117–103, div. X, title III, § 308(a)(4), Mar. 15, 2022, 136 Stat. 970, provided that:
“In the first report submitted by the Director of National Intelligence under subsection (e) of such section 304 [ 50 U.S.C. 3073a(e) ], as amended by paragraph (1), the Director shall include an assessment of the licensing requirements under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.) and recommendations with respect to strengthening the activities regulated under such section 304.”
As used in sections 3002, 3021, 3023, 3025, and 3073 of this title, the term “function” includes functions, powers, and duties.
As used in this Act, the term “Department of Defense” shall be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
The first sentence of section 202(a),1 this section, and sections 3001, 3002, 3074, 3075, and 3076 of this title shall take effect July 26, 1947.
Except as provided in subsection (a), the provisions of this chapter shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after July 26, 1947.
All laws, orders, and regulations inconsistent with the provisions of this title 1 1 See References in Text note below. are repealed insofar as they are inconsistent with the powers, duties, and responsibilities enacted hereby: Provided , That the powers, duties, and responsibilities of the Secretary of Defense under this title 1 shall be administered in conformance with the policy and requirements for administration of budgetary and fiscal matters in the Government generally, including accounting and financial reporting, and that nothing in this title 1 shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such matters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title. 1
The head of each element of the intelligence community shall—
implement the policy established in accordance with section 3024(e)(8) of this title; and
concurrent with the submission to Congress of budget justification materials in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31, submit to Congress a certification as to whether the element is in compliance with such policy.
SUBCHAPTER III— ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
The President shall ensure that the congressional intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by this subchapter.
Nothing in this subchapter shall be construed as requiring the approval of the congressional intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity.
The President shall ensure that any illegal intelligence activity is reported promptly to the congressional intelligence committees, as well as any corrective action that has been taken or is planned in connection with such illegal activity.
The President and the congressional intelligence committees shall each establish such written procedures as may be necessary to carry out the provisions of this subchapter.
The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect from unauthorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the congressional intelligence committees or to Members of Congress under this subchapter. Such procedures shall be established in consultation with the Director of National Intelligence. In accordance with such procedures, each of the congressional intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities requiring the attention of such House or such committee or committees.
Nothing in this chapter shall be construed as authority to withhold information from the congressional intelligence committees on the grounds that providing the information to the congressional intelligence committees would constitute the unauthorized disclosure of classified information or information relating to intelligence sources and methods.
As used in this section, the term “intelligence activities” includes covert actions as defined in section 3093(e) of this title , and includes financial intelligence activities.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Not less frequently than semiannually or upon request by one of the appropriate congressional committees or a member of congressional leadership, the Director of National Intelligence shall provide to such committees and congressional leadership a briefing on each controlled access program in effect.
Each briefing provided under paragraph (1) shall include, at a minimum, the following:
A description of the activity of the controlled access programs during the period covered by the briefing.
Documentation with respect to how the controlled access programs have achieved outcomes consistent with requirements documented by the Director and, as applicable, the Secretary of Defense.
A head of an element of the intelligence community may not establish a controlled access program, or a compartment or subcompartment therein, until the head notifies the appropriate congressional committees and congressional leadership of such controlled access program, compartment, or subcompartment, as the case may be.
Except as provided in subparagraph (B), a head of an element of the intelligence community may not transfer a capability from a controlled access program, including from a compartment or subcompartment therein to a compartment or subcompartment of another controlled access program, to a special access program (as defined in section 3348(g) of this title ), or to anything else outside the controlled access program, until the head submits to the appropriate congressional committees and congressional leadership notice of the intent of the head to make such transfer.
The head of an element of the intelligence community may make a transfer described in subparagraph (A) without prior congressional notification if the head determines that doing so—
is required to mitigate an urgent counterintelligence issue; or
is necessary to maintain access in the event of an organizational restructuring.
Funds authorized to be appropriated for the National Intelligence Program may not be obligated or expended for any controlled access program, or a compartment or subcompartment therein, until the head of the element of the intelligence community responsible for the establishment of such program, compartment, or subcompartment, submits the notification required by subsection (b).
On an annual basis, the head of each element of the intelligence community shall submit to the appropriate congressional committees and congressional leadership a report on controlled access programs administered by the head.
Each report submitted under paragraph (1) shall include, with respect to the period covered by the report, the following:
A list of all compartments and subcompartments of controlled access programs active as of the date of the report.
A list of all compartments and subcompartments of controlled access programs terminated during the period covered by the report.
With respect to the report submitted by the Director of National Intelligence, in addition to the matters specified in clauses (A) and (B)—
a certification regarding whether the creation, validation, or substantial modification, including termination, for all existing and proposed controlled access programs, and the compartments and subcompartments within each, are substantiated and justified based on the information required by clause (ii); and
for each certification—
the rationale for the revalidation, validation, or substantial modification, including termination, of each controlled access program, compartment, and subcompartment;
the identification of a control officer for each controlled access program; and
a statement of protection requirements for each controlled access program.
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
The term “congressional leadership” means—
the majority leader of the Senate;
the minority leader of the Senate;
the Speaker of the House of Representatives; and
the minority leader of the House of Representatives.
The term “controlled access program” means a program created or managed pursuant to Intelligence Community Directive 906, or successor directive.
Pub. L. 118–159, div. F, title LXVI, § 6602(b), Dec. 23, 2024, 138 Stat. 2502, provided that:
“Subsection (c) of such section [meaning 50 U.S.C. 3091a ] shall apply with respect to controlled access programs (as defined in such section), and compartments and subcompartments therein, that are established on or after the date of the enactment of this Act [ Dec. 23, 2024 ].”
To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of National Intelligence and the heads of all departments, agencies, and other entities of the United States Government involved in intelligence activities shall—
keep the congressional intelligence committees fully and currently informed of all intelligence activities, other than a covert action (as defined in section 3093(e) of this title), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and
furnish the congressional intelligence committees any information or material concerning intelligence activities (including the legal basis under which the intelligence activity is being or was conducted), other than covert actions, which is within their custody or control, and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.
Any report relating to a significant anticipated intelligence activity or a significant intelligence failure that is submitted to the congressional intelligence committees for purposes of subsection (a)(1) shall be in writing, and shall contain the following:
A concise statement of any facts pertinent to such report.
An explanation of the significance of the intelligence activity or intelligence failure covered by such report.
The Director of National Intelligence, in consultation with the heads of the departments, agencies, and entities referred to in subsection (a), shall establish standards and procedures applicable to reports covered by subsection (b).
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 102–88, title IV, § 405, Aug. 14, 1991, 105 Stat. 434, provided that:
“(a) Furnishing of Specific Information .— In accordance with title V of the National Security Act of 1947 [ 50 U.S.C. 3091 et seq.], the head of any department or agency of the United States involved in any intelligence activities which may pertain to United States military personnel listed as prisoner, missing, or unaccounted for in military actions shall furnish any information or documents in the possession, custody, or control of the department or agency, or person paid by such department or agency, whenever requested by the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate. “(b) Access by Committees and Members of Congress .— In accordance with Senate Resolution 400, Ninety-Fourth Congress, and House Resolution 658, Ninety-Fifth Congress, the committees named in subsection (a) shall, upon request and under such regulations as the committees have prescribed to protect the classification of such information, make any information described in subsection (a) available to any other committee or any other Member of Congress and appropriately cleared staff.”
The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless the President determines such an action is necessary to support identifiable foreign policy objectives of the United States and is important to the national security of the United States, which determination shall be set forth in a finding that shall meet each of the following conditions:
Each finding shall be in writing, unless immediate action by the United States is required and time does not permit the preparation of a written finding, in which case a written record of the President’s decision shall be contemporaneously made and shall be reduced to a written finding as soon as possible but in no event more than 48 hours after the decision is made.
Except as permitted by paragraph (1), a finding may not authorize or sanction a covert action, or any aspect of any such action, which already has occurred.
Each finding shall specify each department, agency, or entity of the United States Government authorized to fund or otherwise participate in any significant way in such action. Any employee, contractor, or contract agent of a department, agency, or entity of the United States Government other than the Central Intelligence Agency directed to participate in any way in a covert action shall be subject either to the policies and regulations of the Central Intelligence Agency, or to written policies or regulations adopted by such department, agency, or entity, to govern such participation.
Each finding shall specify whether it is contemplated that any third party which is not an element of, or a contractor or contract agent of, the United States Government, or is not otherwise subject to United States Government policies and regulations, will be used to fund or otherwise participate in any significant way in the covert action concerned, or be used to undertake the covert action concerned on behalf of the United States.
A finding may not authorize any action that would violate the Constitution or any statute of the United States.
To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of National Intelligence and the heads of all departments, agencies, and entities of the United States Government involved in a covert action—
shall keep the congressional intelligence committees fully and currently informed of all covert actions which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including significant failures; and
shall furnish to the congressional intelligence committees any information or material concerning covert actions (including the legal basis under which the covert action is being or was conducted) which is in the possession, custody, or control of any department, agency, or entity of the United States Government and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.
The President shall ensure that any finding approved pursuant to subsection (a) shall be reported in writing to the congressional intelligence committees as soon as possible after such approval and before the initiation of the covert action authorized by the finding, except as otherwise provided in paragraph (2) and paragraph (3).
If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting vital interests of the United States, the finding may be reported to the chairmen and ranking minority members of the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, the majority and minority leaders of the Senate, and such other member or members of the congressional leadership as may be included by the President.
Whenever a finding is not reported pursuant to paragraph (1) or (2) of this subsection, the President shall fully inform the congressional intelligence committees in a timely fashion and shall provide a statement of the reasons for not giving prior notice.
In a case under paragraph (1), (2), or (3), a copy of the finding, signed by the President, shall be provided to the chairman of each congressional intelligence committee.
When access to a finding, or a notification provided under subsection (d)(1), is limited to the Members of Congress specified in paragraph (2), a written statement of the reasons for limiting such access shall also be provided.
Not later than 180 days after a statement of reasons is submitted in accordance with subparagraph (A) or this subparagraph, the President shall ensure that—
all members of the congressional intelligence committees are provided access to the finding or notification; or
a statement of reasons that it is essential to continue to limit access to such finding or such notification to meet extraordinary circumstances affecting vital interests of the United States is submitted to the Members of Congress specified in paragraph (2).
The President shall ensure that the congressional intelligence committees, or, if applicable, the Members of Congress specified in subsection (c)(2), are notified in writing of any significant change in a previously approved covert action, or any significant undertaking pursuant to a previously approved finding, in the same manner as findings are reported pursuant to subsection (c).
In determining whether an activity constitutes a significant undertaking for purposes of paragraph (1), the President shall consider whether the activity—
involves significant risk of loss of life;
requires an expansion of existing authorities, including authorities relating to research, development, or operations;
results in the expenditure of significant funds or other resources;
requires notification under section 3094 of this title;
gives rise to a significant risk of disclosing intelligence sources or methods; or
presents a reasonably foreseeable risk of serious damage to the diplomatic relations of the United States if such activity were disclosed without authorization.
As used in this subchapter, the term “covert action” means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include—
activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;
traditional diplomatic or military activities or routine support to such activities;
traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or
activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.
No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.
In any case where access to a finding reported under subsection (c) or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall notify all members of such committee that such finding or such notification has been provided only to the members specified in subsection (c)(2).
In any case where access to a finding reported under subsection (c) or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall provide to all members of such committee a general description regarding the finding or notification, as applicable, consistent with the reasons for not yet fully informing all members of such committee.
The President shall maintain—
a record of the members of Congress to whom a finding is reported under subsection (c) or notification is provided under subsection (d)(1) and the date on which each member of Congress receives such finding or notification; and
each written statement provided under subsection (c)(5).
For each type of activity undertaken as part of a covert action, the President shall establish in writing a plan to respond to the unauthorized public disclosure of that type of activity.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Appropriated funds available to an intelligence agency may be obligated or expended for an intelligence or intelligence-related activity only if—
those funds were specifically authorized by Congress for use for such intelligence or intelligence-related activities; or
in the case of funds from the Reserve for Contingencies of the Central Intelligence Agency and consistent with the provisions of section 3093 of this title concerning any significant anticipated intelligence activity, the Director of the Central Intelligence Agency has notified the appropriate congressional committees of the intent to make such funds available for such activity; or
in the case of funds specifically authorized by the Congress for a different activity—
the activity to be funded is a higher priority intelligence or intelligence-related activity;
the use of such funds for such activity supports an emergent need, improves program effectiveness, or increases efficiency; and
the Director of National Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the appropriate congressional committees of the intent to make such funds available for such activity;
Funds available to an intelligence agency may not be made available for any intelligence or intelligence-related activity for which funds were denied by the Congress.
No funds appropriated for, or otherwise available to, any department, agency, or entity of the United States Government may be expended, or may be directed to be expended, for any covert action, as defined in section 3093(e) of this title , unless and until a Presidential finding required by subsection (a) of section 3093 of this title has been signed or otherwise issued in accordance with that subsection.
Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to procedures which identify—
the types of activities for which nonappropriated funds may be expended; and
the circumstances under which an activity must be reported as a significant anticipated intelligence activity before such funds can be expended.
Procedures for purposes of paragraph (1) shall be jointly agreed upon by the congressional intelligence committees and, as appropriate, the Director of National Intelligence or the Secretary of Defense.
As used in this section—
the term “intelligence agency” means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;
the term “appropriate congressional committees” means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and
the term “specifically authorized by the Congress” means that—
the activity and the amount of funds proposed to be used for that activity were identified in a formal budget request to the Congress, but funds shall be deemed to be specifically authorized for that activity only to the extent that the Congress both authorized the funds to be appropriated for that activity and appropriated the funds for that activity; or
although the funds were not formally requested, the Congress both specifically authorized the appropriation of the funds for the activity and appropriated the funds for the activity.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 102–496, title III, § 303, Oct. 24, 1992, 106 Stat. 3183, provided that:
“It is the sense of Congress that, beginning in 1993, and in each year thereafter, the aggregate amount requested and authorized for, and spent on, intelligence and intelligence-related activities should be disclosed to the public in an appropriate manner.”
Similar provisions were contained in the following prior appropriation act: Pub. L. 102–183, title VII, § 701, Dec. 4, 1991, 105 Stat. 1270.
Pub. L. 99–169, title IV, § 401(c), Dec. 4, 1985, 99 Stat. 1006, provided that the amendment made by section 401(a) of Pub. L. 99–169, enacting this section, would not apply with respect to funds appropriated to the Director of Central Intelligence under the heading “enhanced security countermeasures capabilities” in the Supplemental Appropriations Act, 1985, Pub. L. 99–88, Aug. 15, 1985, 99 Stat. 311.
The transfer of a defense article or defense service, or the anticipated transfer in any fiscal year of any aggregation of defense articles or defense services, exceeding $1,000,000 in value by an intelligence agency to a recipient outside that agency shall be considered a significant anticipated intelligence activity for the purpose of this subchapter.
Paragraph (1) does not apply if—
the transfer is being made to a department, agency, or other entity of the United States (so long as there will not be a subsequent retransfer of the defense articles or defense services outside the United States Government in conjunction with an intelligence or intelligence-related activity); or
the transfer—
is being made pursuant to authorities contained in part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2301 et seq.], the Arms Export Control Act [22 U.S.C. 2751 et seq.], title 10 (including a law enacted pursuant to section 8677(a) of title 10), or chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and
is not being made in conjunction with an intelligence or intelligence-related activity.
An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any intelligence or intelligence-related activity for which funds were denied by the Congress.
As used in this section—
the term “intelligence agency” means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;
the terms “defense articles” and “defense services” mean the items on the United States Munitions List pursuant to section 38 of the Arms Export Control Act [22 U.S.C. 2778] (22 CFR part 121);
the term “transfer” means—
in the case of defense articles, the transfer of possession of those articles; and
in the case of defense services, the provision of those services; and
the term “value” means—
in the case of defense articles, the greater of—
the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Government; or
the replacement cost; and
in the case of defense services, the full cost to the Government of providing the services.
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
The budget justification materials submitted to Congress in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31 shall set forth separately the aggregate amount requested for that fiscal year for the National Intelligence Program for each of the following:
Counterterrorism.
Counterproliferation.
Counternarcotics.
Counterintelligence.
Amounts set forth under subsection (a) may be set forth in unclassified form or classified form, at the election of the Director of National Intelligence.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 118–31, div. G, title III, § 7320, Dec. 22, 2023, 137 Stat. 1036, as amended by Pub. L. 119–60, div. F, title LXVIII, § 6804(b)(3), Dec. 18, 2025, 139 Stat. 1657, provided that:
“(a) Inclusion of Counternarcotics as Special Topic .— For the purposes of the congressional budget justification book for the National Intelligence Program (as such term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) for each of fiscal years 2025 through 2026, and for any subsequent fiscal year as the Director of National Intelligence determines appropriate, information with respect to the aggregate amount of funding requested for counternarcotics required to be included as part of the budget justification materials submitted to Congress under section 506(a)(3) of such Act [ 50 U.S.C. 3096(a)(3) ] shall be included as a provision relating to a special topic in such congressional budget justification book. “(b) Contents .— With respect to a fiscal year, the special topic provision included in the congressional budget justification book pursuant to subsection (a) regarding the aggregate amount of funding requested for counternarcotics shall include— “(1) a summary of the main activities and investments that such requested funding would support; “(2) a breakdown of such requested funding by program, budget category, intelligence discipline, and any other appropriate classification; “(3) a comparison of aggregate requested funding and aggregate enacted funding for counternarcotics for the current fiscal year and the previous fiscal year; “(4) the number of full-time equivalent civilian and military personnel assigned to the counternarcotics mission of the intelligence community; and “(5) such other information as the Director of National Intelligence determines appropriate.”
[For definition of “intelligence community” as used in section 7320 of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
The Director of National Intelligence shall, in consultation with the head of each element of the intelligence community concerned, prepare an independent cost estimate of the full life-cycle cost of development, procurement, and operation of each major system to be acquired by the intelligence community.
Each independent cost estimate for a major system shall, to the maximum extent practicable, specify the amount required to be appropriated and obligated to develop, procure, and operate the major system in each fiscal year of the proposed period of development, procurement, and operation of the major system.
For major system acquisitions requiring a service or capability from another acquisition or program to deliver the end-to-end functionality for the intelligence community end users, independent cost estimates shall include, to the maximum extent practicable, all estimated costs across all pertinent elements of the intelligence community. For collection programs, such cost estimates shall include the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program. If such costs for processing, exploitation, dissemination, and storage are scheduled to be executed in other elements of the intelligence community, the independent cost estimate shall identify and annotate such costs for such other elements accordingly.
In the case of a program of the intelligence community that qualifies as a major system, an independent cost estimate shall be prepared before the submission to Congress of the budget of the President for the first fiscal year in which appropriated funds are anticipated to be obligated for the development or procurement of such major system.
In the case of a program of the intelligence community for which an independent cost estimate was not previously required to be prepared under this section, including a program for which development or procurement commenced before December 13, 2003, if the aggregate future costs of development or procurement (or any combination of such activities) of the program will exceed $500,000,000 (in current fiscal year dollars), the program shall qualify as a major system for purposes of this section, and an independent cost estimate for such major system shall be prepared before the submission to Congress of the budget of the President for the first fiscal year thereafter in which appropriated funds are anticipated to be obligated for such major system.
The independent cost estimate for a major system shall be updated upon—
the completion of any preliminary design review associated with the major system;
any significant modification to the anticipated design of the major system; or
any change in circumstances that renders the current independent cost estimate for the major system inaccurate.
Any update of an independent cost estimate for a major system under paragraph (4) shall meet all requirements for independent cost estimates under this section, and shall be treated as the most current independent cost estimate for the major system until further updated under that paragraph.
The Director shall establish within the Office of the Director of National Intelligence for Community Management an office which shall be responsible for preparing independent cost estimates, and any updates thereof, under subsection (a), unless a designation is made under paragraph (2).
In the case of the acquisition of a major system for an element of the intelligence community within the Department of Defense, the Director and the Secretary of Defense shall provide that the independent cost estimate, and any updates thereof, under subsection (a) be prepared by an entity jointly designated by the Director and the Secretary in accordance with section 2434(b)(1)(A) 1 of title 10.
If the budget of the President requests appropriations for any fiscal year for the development or procurement of a major system by the intelligence community, the President shall, subject to paragraph (2), request in such budget an amount of appropriations for the development or procurement, as the case may be, of the major system that is equivalent to the amount of appropriations identified in the most current independent cost estimate for the major system for obligation for each fiscal year for which appropriations are requested for the major system in such budget.
If the amount of appropriations requested in the budget of the President for the development or procurement of a major system is less than the amount of appropriations identified in the most current independent cost estimate for the major system for obligation for each fiscal year for which appropriations are requested for the major system in such budget, the President shall include in the budget justification materials submitted to Congress in support of such budget—
an explanation for the difference between the amount of appropriations requested and the amount of appropriations identified in the most current independent cost estimate;
a description of the importance of the major system to the national security;
an assessment of the consequences for the funding of all programs of the National Intelligence Program in future fiscal years if the most current independent cost estimate for the major system is accurate and additional appropriations are required in future fiscal years to ensure the continued development or procurement of the major system, including the consequences of such funding shortfalls on the major system and all other programs of the National Intelligence Program; and
such other information on the funding of the major system as the President considers appropriate.
The budget justification materials submitted to Congress in support of the budget of the President shall include the most current independent cost estimate under this section for each major system for which appropriations are requested in such budget for any fiscal year.
In this section:
The term “budget of the President” means the budget of the President for a fiscal year as submitted to Congress under section 1105(a) of title 31.
The term “independent cost estimate” means a pragmatic and neutral analysis, assessment, and quantification of all costs and risks associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle, which shall be based on programmatic and technical specifications provided by the office within the element of the intelligence community with primary responsibility for the development, procurement, or operation of the major system.
In accordance with subsection (a)(2)(B), each independent cost estimate shall include all costs required across elements of the intelligence community to develop, acquire, procure, operate, and sustain the system to provide the end-to-end intelligence functionality of the system, including—
for collection programs, the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program; and
costs for processing, exploitation, dissemination, and storage scheduled to be executed in other elements of the intelligence community.
The term “major system” means any significant program of an element of the intelligence community with projected total development and procurement costs exceeding $500,000,000 (based on fiscal year 2010 constant dollars), which costs shall include all end-to-end program costs, including costs associated with the development and procurement of the program and any other costs associated with the development and procurement of systems required to support or utilize the program.
Pub. L. 112–87, title III, § 306(b), Jan. 3, 2012, 125 Stat. 1882, provided that:
“The amendments made by this section [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [ Jan. 3, 2012 ].”
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 108–177, title III, § 312(c), Dec. 13, 2003, 117 Stat. 2609, provided that:
“The amendments made by subsection (b) [enacting this section] shall take effect on the date of the enactment of this Act [ Dec. 13, 2003 ].”
Pub. L. 108–177, title III, § 312(a), Dec. 13, 2003, 117 Stat. 2606, provided that:
“Congress makes the following findings: “(1) Funds within the National Foreign Intelligence Program often must be shifted from program to program and from fiscal year to fiscal year to address funding shortfalls caused by significant increases in the costs of acquisition of major systems by the intelligence community. “(2) While some increases in the costs of acquisition of major systems by the intelligence community are unavoidable, the magnitude of growth in the costs of acquisition of many major systems indicates a systemic bias within the intelligence community to underestimate the costs of such acquisition, particularly in the preliminary stages of development and production. “(3) Decisions by Congress to fund the acquisition of major systems by the intelligence community rely significantly upon initial estimates of the affordability of acquiring such major systems and occur within a context in which funds can be allocated for a variety of alternative programs. Thus, substantial increases in costs of acquisition of major systems place significant burdens on the availability of funds for other programs and new proposals within the National Foreign Intelligence Program. “(4) Independent cost estimates, prepared by independent offices, have historically represented a more accurate projection of the costs of acquisition of major systems. “(5) Recognizing the benefits associated with independent cost estimates for the acquisition of major systems, the Secretary of Defense has built upon the statutory requirement in [former] section 2434 of title 10 , United States Code, to develop and consider independent cost estimates for the acquisition of such systems by mandating the use of such estimates in budget requests of the Department of Defense. “(6) The mandatory use throughout the intelligence community of independent cost estimates for the acquisition of major systems will assist the President and Congress in the development and funding of budgets which more accurately reflect the requirements and priorities of the United States Government for intelligence and intelligence-related activities.”
Pub. L. 108–177, title III, § 312(d), Dec. 13, 2003, 117 Stat. 2609, provided that:
“(1) (A) For each major system for which funds have been authorized for a fiscal year before fiscal year 2005, or for which funds are sought in the budget of the President for fiscal year 2005, as submitted to Congress pursuant to section 1105(a) of title 31 , United States Code, and for which no independent cost estimate has been provided to Congress, no contract, or option to contract, for the procurement or acquisition of such major system may be entered into, or option to contract be exercised, before the date of the enactment of an Act to authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government. “(B) Subparagraph (A) shall not affect any contract for procurement or acquisition that was entered into before the date of the enactment of this Act [ Dec. 13, 2003 ]. “(2) Commencing as of the date of the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31 , United States Code, no funds may be obligated or expended for the development or procurement of a major system until the President has complied with the requirements of section 506A of the National Security Act of 1947 (as added by subsection (b)) [ 50 U.S.C. 3097 ] with respect to such major system. “(3) In this subsection, the terms ‘independent cost estimate’ and ‘major system’ have the meaning given such terms in subsection (e) of section 506A of the National Security Act of 1947 (as so added) [ 50 U.S.C. 3097(e) ].”
[Repealed]
Except as provided in subparagraph (B), the Director of National Intelligence shall conduct and submit to the congressional intelligence committees an initial vulnerability assessment for each major system and its significant items of supply—
except as provided in clause (ii), prior to the completion of Milestone B or an equivalent acquisition decision for the major system; or
prior to the date that is 1 year after October 7, 2010, in the case of a major system for which Milestone B or an equivalent acquisition decision—
was completed prior to such date; or
is completed on a date during the 180-day period following such date.
The Director may submit to the congressional intelligence committees an initial vulnerability assessment required by clause (ii) of subparagraph (A) not later than 180 days after the date such assessment is required to be submitted under such clause if the Director notifies the congressional intelligence committees of the extension of the submission date under this subparagraph and provides a justification for such extension.
The initial vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach to—
identify vulnerabilities;
define exploitation potential;
examine the system’s potential effectiveness;
determine overall vulnerability; and
make recommendations for risk reduction.
If an initial vulnerability assessment for a major system is not submitted to the congressional intelligence committees as required by paragraph (1), funds appropriated for the acquisition of the major system may not be obligated for a major contract related to the major system. Such prohibition on the obligation of funds for the acquisition of the major system shall cease to apply on the date on which the congressional intelligence committees receive the initial vulnerability assessment.
The Director of National Intelligence shall, periodically throughout the procurement of a major system or if the Director determines that a change in circumstances warrants the issuance of a subsequent vulnerability assessment, conduct a subsequent vulnerability assessment of each major system and its significant items of supply within the National Intelligence Program.
Upon the request of a congressional intelligence committee, the Director of National Intelligence may, if appropriate, recertify the previous vulnerability assessment or may conduct a subsequent vulnerability assessment of a particular major system and its significant items of supply within the National Intelligence Program.
Any subsequent vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach and, if applicable, a testing-based approach, to monitor the exploitation potential of such system and reexamine the factors described in clauses (i) through (v) of subsection (a)(1)(C).
The Director of National Intelligence shall give due consideration to the vulnerability assessments prepared for a given major system when developing and determining the National Intelligence Program budget.
The Director of National Intelligence shall provide to the congressional intelligence committees a copy of each vulnerability assessment conducted under subsection (a) or (b) not later than 10 days after the date of the completion of such assessment.
The Director of National Intelligence shall provide the congressional intelligence committees with a proposed schedule for subsequent periodic vulnerability assessments of a major system under subsection (b)(1) when providing such committees with the initial vulnerability assessment under subsection (a) of such system as required by paragraph (1).
In this section:
The term “item of supply” has the meaning given that term in section 4(10) 1 of the Office of Federal Procurement Policy Act (41 U.S.C. 403(10)).
The term “major contract” means each of the 6 largest prime, associate, or Government-furnished equipment contracts under a major system that is in excess of $40,000,000 and that is not a firm, fixed price contract.
The term “major system” has the meaning given that term in section 3097(e) of this title.
The term “Milestone B” means a decision to enter into major system development and demonstration pursuant to guidance prescribed by the Director of National Intelligence.
The term “vulnerability assessment” means the process of identifying and quantifying vulnerabilities in a major system and its significant items of supply.
Subject to paragraph (3), no funds appropriated to any element of the intelligence community may be obligated for an intelligence community business system transformation that will have a total cost in excess of $3,000,000 unless—
the Director of the Office of Business Transformation of the Office of the Director of National Intelligence makes a certification described in paragraph (2) with respect to such intelligence community business system transformation; and
such certification is approved by the board established under subsection (f).
The certification described in this paragraph for an intelligence community business system transformation is a certification made by the Director of the Office of Business Transformation of the Office of the Director of National Intelligence that the intelligence community business system transformation—
complies with the enterprise architecture under subsection (b) and such other policies and standards that the Director of National Intelligence considers appropriate; or
is necessary—
to achieve a critical national security capability or address a critical requirement; or
to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration any alternative solutions for preventing such adverse effect.
With respect to a fiscal year after fiscal year 2010, the amount referred to in paragraph (1) in the matter preceding subparagraph (A) shall be equal to the sum of—
the amount in effect under such paragraph (1) for the preceding fiscal year (determined after application of this paragraph), plus
such amount multiplied by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of the previous fiscal year.
The Director of National Intelligence shall, acting through the board established under subsection (f), develop and implement an enterprise architecture to cover all intelligence community business systems, and the functions and activities supported by such business systems. The enterprise architecture shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable intelligence community business system solutions, consistent with applicable policies and procedures established by the Director of the Office of Management and Budget.
The enterprise architecture under paragraph (1) shall include the following:
An information infrastructure that will enable the intelligence community to—
comply with all Federal accounting, financial management, and reporting requirements;
routinely produce timely, accurate, and reliable financial information for management purposes;
integrate budget, accounting, and program information and systems; and
provide for the measurement of performance, including the ability to produce timely, relevant, and reliable cost information.
Policies, procedures, data standards, and system interface requirements that apply uniformly throughout the intelligence community.
The Director of National Intelligence shall be responsible for the entire life cycle of an intelligence community business system transformation, including review, approval, and oversight of the planning, design, acquisition, deployment, operation, and maintenance of the business system transformation.
The Director of the Office of Business Transformation of the Office of the Director of National Intelligence shall establish and implement, not later than 60 days after October 7, 2010, an investment review process for the intelligence community business systems for which the Director of the Office of Business Transformation is responsible.
The investment review process under paragraph (1) shall—
meet the requirements of section 11312 of title 40; and
specifically set forth the responsibilities of the Director of the Office of Business Transformation under such review process.
The investment review process under paragraph (1) shall include the following elements:
Review and approval by an investment review board (consisting of appropriate representatives of the intelligence community) of each intelligence community business system as an investment before the obligation of funds for such system.
Periodic review, but not less often than annually, of every intelligence community business system investment.
Thresholds for levels of review to ensure appropriate review of intelligence community business system investments depending on the scope, complexity, and cost of the system involved.
Procedures for making certifications in accordance with the requirements of subsection (a)(2).
The Director of National Intelligence shall establish a board within the intelligence community business system transformation governance structure (in this subsection referred to as the “Board”).
The Board shall—
recommend to the Director policies and procedures necessary to effectively integrate all business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the intelligence community;
review and approve any major update of—
the enterprise architecture developed under subsection (b); and
any plans for an intelligence community business systems modernization;
manage cross-domain integration consistent with such enterprise architecture;
coordinate initiatives for intelligence community business system transformation to maximize benefits and minimize costs for the intelligence community, and periodically report to the Director on the status of efforts to carry out an intelligence community business system transformation;
ensure that funds are obligated for intelligence community business system transformation in a manner consistent with subsection (a); and
carry out such other duties as the Director shall specify.
Nothing in this section shall be construed to alter the requirements of section 8083 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 989 ), with regard to information technology systems (as defined in subsection (d) of such section).
Nothing in this section shall be construed to exempt funds authorized to be appropriated to the Department of Defense from the requirements of section 2222 of title 10 to the extent that such requirements are otherwise applicable.
Executive agency responsibilities in chapter 113 of title 40 for any intelligence community business system transformation shall be exercised jointly by—
the Director of National Intelligence and the Chief Information Officer of the Intelligence Community; and
the head of the executive agency that contains the element of the intelligence community involved and the chief information officer of that executive agency.
The Director of National Intelligence and the head of the executive agency referred to in paragraph (1)(B) shall enter into a Memorandum of Understanding to carry out the requirements of this section in a manner that best meets the needs of the intelligence community and the executive agency.
Not later than March 31 of each of the years 2011 through 2014, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the compliance of the intelligence community with the requirements of this section. Each such report shall—
describe actions taken and proposed for meeting the requirements of subsection (a), including—
specific milestones and actual performance against specified performance measures, and any revision of such milestones and performance measures; and
specific actions on the intelligence community business system transformations submitted for certification under such subsection;
identify the number of intelligence community business system transformations that received a certification described in subsection (a)(2); and
describe specific improvements in business operations and cost savings resulting from successful intelligence community business systems transformation efforts.
In this section:
The term “enterprise architecture” has the meaning given that term in section 3601(4) of title 44.
The terms “information system” and “information technology” have the meanings given those terms in section 11101 of title 40.
The term “intelligence community business system” means an information system, including a national security system, that is operated by, for, or on behalf of an element of the intelligence community, including a financial system, mixed system, financial data feeder system, and the business infrastructure capabilities shared by the systems of the business enterprise architecture, including people, process, and technology, that build upon the core infrastructure used to support business activities, such as acquisition, financial management, logistics, strategic planning and budgeting, installations and environment, and human resource management.
The term “intelligence community business system transformation” means—
the acquisition or development of a new intelligence community business system; or
any significant modification or enhancement of an existing intelligence community business system (other than necessary to maintain current services).
The term “national security system” has the meaning given that term in section 3542 1 of title 44.
The term “Office of Business Transformation of the Office of the Director of National Intelligence” includes any successor office that assumes the functions of the Office of Business Transformation of the Office of the Director of National Intelligence as carried out by the Office of Business Transformation on October 7, 2010.
Pub. L. 111–259, title III, § 322(b), Oct. 7, 2010, 124 Stat. 2673, provided that:
“(1) Certain duties .— Not later than 60 days after the date of the enactment of this Act [ Oct. 7, 2010 ], the Director of National Intelligence shall designate a chair and other members to serve on the board established under subsection (f) of such section 506D of the National Security Act of 1947 [ 50 U.S.C. 3100(f) ] (as added by subsection (a)). “(2) Enterprise architecture.— “(A) Schedule for development .— The Director shall develop the enterprise architecture required by subsection (b) of such section 506D [ 50 U.S.C. 3100(b) ] (as so added), including the initial Business Enterprise Architecture for business transformation, not later than 60 days after the enactment of this Act. “(B) Requirement for implementation plan .— In developing such an enterprise architecture, the Director shall develop an implementation plan for such enterprise architecture that includes the following: “(i) An acquisition strategy for new systems that are expected to be needed to complete such enterprise architecture, including specific time-phased milestones, performance metrics, and a statement of the financial and nonfinancial resource needs. “(ii) An identification of the intelligence community business systems in operation or planned as of the date that is 60 days after the enactment of this Act that will not be a part of such enterprise architecture, together with the schedule for the phased termination of the utilization of any such systems. “(iii) An identification of the intelligence community business systems in operation or planned as of such date, that will be a part of such enterprise architecture, together with a strategy for modifying such systems to ensure that such systems comply with such enterprise architecture. “(C) Submission of acquisition strategy .— Based on the results of an enterprise process management review and the availability of funds, the Director shall submit the acquisition strategy described in subparagraph (B)(i) to the congressional intelligence committees not later than March 31, 2011 .”
[For definitions of terms used in section 322(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.]
In this section:
The term “cost estimate”—
means an assessment and quantification of all costs and risks associated with the acquisition of a major system based upon reasonably available information at the time the Director establishes the 2010 adjusted total acquisition cost for such system pursuant to subsection (h) or restructures such system pursuant to section 3102(c) of this title; and
does not mean an “independent cost estimate”.
The term “critical cost growth threshold” means a percentage increase in the total acquisition cost for a major system of at least 25 percent over the total acquisition cost for the major system as shown in the current Baseline Estimate for the major system.
The term “current Baseline Estimate” means the projected total acquisition cost of a major system that is—
approved by the Director, or a designee of the Director, at Milestone B or an equivalent acquisition decision for the development, procurement, and construction of such system;
approved by the Director at the time such system is restructured pursuant to section 3102(c) of this title; or
the 2010 adjusted total acquisition cost determined pursuant to subsection (h).
A current Baseline Estimate may be in the form of an independent cost estimate.
Except as otherwise specifically provided, the term “Director” means the Director of National Intelligence.
The term “independent cost estimate” has the meaning given that term in section 3097(e) of this title.
The term “major contract” means each of the 6 largest prime, associate, or Government-furnished equipment contracts under a major system that is in excess of $40,000,000 and that is not a firm, fixed price contract.
The term “major system” has the meaning given that term in section 3097(e) of this title.
The term “Milestone B” means a decision to enter into major system development and demonstration pursuant to guidance prescribed by the Director.
The term “program manager” means—
the head of the element of the intelligence community that is responsible for the budget, cost, schedule, and performance of a major system; or
in the case of a major system within the Office of the Director of National Intelligence, the deputy who is responsible for the budget, cost, schedule, and performance of the major system.
The term “significant cost growth threshold” means the percentage increase in the total acquisition cost for a major system of at least 15 percent over the total acquisition cost for such system as shown in the current Baseline Estimate for such system.
The term “total acquisition cost” means the amount equal to the total cost for development and procurement of, and system-specific construction for, a major system.
The program manager for a major system shall, on a quarterly basis, submit to the Director a major system cost report as described in paragraph (2).
A major system cost report shall include the following information (as of the last day of the quarter for which the report is made):
The total acquisition cost for the major system.
Any cost variance or schedule variance in a major contract for the major system since the contract was entered into.
Any changes from a major system schedule milestones or performances that are known, expected, or anticipated by the program manager.
Any significant changes in the total acquisition cost for development and procurement of any software component of the major system, schedule milestones for such software component of the major system, or expected performance of such software component of the major system that are known, expected, or anticipated by the program manager.
Each major system cost report required by paragraph (1) shall be submitted not more than 30 days after the end of the reporting quarter.
If the program manager of a major system for which a report has previously been submitted under subsection (b) determines at any time during a quarter that there is reasonable cause to believe that the total acquisition cost for the major system has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold and if a report indicating an increase of such percentage or more has not previously been submitted to the Director, then the program manager shall immediately submit to the Director a major system cost report containing the information, determined as of the date of the report, required under subsection (b).
Whenever a major system cost report is submitted to the Director, the Director shall determine whether the current acquisition cost for the major system has increased by a percentage equal to or greater than the significant cost growth threshold or the critical cost growth threshold.
If the Director determines that the current total acquisition cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold, the Director shall submit to Congress a Major System Congressional Report pursuant to subsection (e).
Whenever the Director determines under subsection (d) that the total acquisition cost of a major system has increased by a percentage equal to or greater than the significant cost growth threshold for the major system, a Major System Congressional Report shall be submitted to Congress not later than 45 days after the date on which the Director receives the major system cost report for such major system.
If the total acquisition cost of a major system (as determined by the Director under subsection (d)) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Director shall take actions consistent with the requirements of section 3102 of this title.
Except as provided in paragraph (2), each Major System Congressional Report shall include the following:
The name of the major system.
The date of the preparation of the report.
The program phase of the major system as of the date of the preparation of the report.
The estimate of the total acquisition cost for the major system expressed in constant base-year dollars and in current dollars.
The current Baseline Estimate for the major system in constant base-year dollars and in current dollars.
A statement of the reasons for any increase in total acquisition cost for the major system.
The completion status of the major system—
expressed as the percentage that the number of years for which funds have been appropriated for the major system is of the number of years for which it is planned that funds will be appropriated for the major system; and
expressed as the percentage that the amount of funds that have been appropriated for the major system is of the total amount of funds which it is planned will be appropriated for the major system.
The fiscal year in which the major system was first authorized and in which funds for such system were first appropriated by Congress.
The current change and the total change, in dollars and expressed as a percentage, in the total acquisition cost for the major system, stated both in constant base-year dollars and in current dollars.
The quantity of end items to be acquired under the major system and the current change and total change, if any, in that quantity.
The identities of the officers responsible for management and cost control of the major system.
The action taken and proposed to be taken to control future cost growth of the major system.
Any changes made in the performance or schedule milestones of the major system and the extent to which such changes have contributed to the increase in total acquisition cost for the major system.
The following contract performance assessment information with respect to each major contract under the major system:
The name of the contractor.
The phase that the contract is in at the time of the preparation of the report.
The percentage of work under the contract that has been completed.
Any current change and the total change, in dollars and expressed as a percentage, in the contract cost.
The percentage by which the contract is currently ahead of or behind schedule.
A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the major system, contributing to the changes identified and a discussion of the effect these occurrences will have on the future costs and schedule of the major system.
In any case in which one or more problems with a software component of the major system significantly contributed to the increase in costs of the major system, the action taken and proposed to be taken to solve such problems.
A Major System Congressional Report prepared for a major system for which the increase in the total acquisition cost is due to termination or cancellation of the entire major system shall include only—
the information described in subparagraphs (A) through (F) of paragraph (1); and
the total percentage change in total acquisition cost for such system.
If a determination of an increase by a percentage equal to or greater than the significant cost growth threshold is made by the Director under subsection (d) and a Major System Congressional Report containing the information described in subsection (f) is not submitted to Congress under subsection (e)(1), or if a determination of an increase by a percentage equal to or greater than the critical cost growth threshold is made by the Director under subsection (d) and the Major System Congressional Report containing the information described in subsection (f) and section 3102(b)(3) of this title and the certification required by section 3102(b)(2) of this title are not submitted to Congress under subsection (e)(2), funds appropriated for construction, research, development, test, evaluation, and procurement may not be obligated for a major contract under the major system. The prohibition on the obligation of funds for a major system shall cease to apply at the end of the 45-day period that begins on the date—
on which Congress receives the Major System Congressional Report under subsection (e)(1) with respect to that major system, in the case of a determination of an increase by a percentage equal to or greater than the significant cost growth threshold (as determined in subsection (d)); or
on which Congress receives both the Major System Congressional Report under subsection (e)(2) and the certification of the Director under section 3102(b)(2) of this title with respect to that major system, in the case of an increase by a percentage equal to or greater than the critical cost growth threshold (as determined under subsection (d)).
Not later than 180 days after October 7, 2010, the Director—
shall, for each major system, determine if the total acquisition cost of such major system increased by a percentage equal to or greater than the significant cost growth threshold or the critical cost growth threshold prior to such date;
shall establish for each major system for which the total acquisition cost has increased by a percentage equal to or greater than the significant cost growth threshold or the critical cost growth threshold prior to such date a revised current Baseline Estimate based upon an updated cost estimate;
may, for a major system not described in subparagraph (B), establish a revised current Baseline Estimate based upon an updated cost estimate; and
shall submit to Congress a report describing—
each determination made under subparagraph (A);
each revised current Baseline Estimate established for a major system under subparagraph (B); and
each revised current Baseline Estimate established for a major system under subparagraph (C), including the percentage increase of the total acquisition cost of such major system that occurred prior to October 7, 2010.
The revised current Baseline Estimate established for a major system under subparagraph (B) or (C) of paragraph (1) shall be the 2010 adjusted total acquisition cost for the major system and may include the estimated cost of conducting any vulnerability assessments for such major system required under section 3099 of this title.
Any determination of a percentage increase under this section shall be stated in terms of constant base year dollars.
Any report required to be submitted under this section may be submitted in a classified form.
Pub. L. 111–259, title III, § 323(a)(2), Oct. 7, 2010, 124 Stat. 2678, provided that:
“The first report required to be submitted under subsection (b) of section 506E of the National security [Security] Act of 1947 [ 50 U.S.C. 3101(b) ], as added by paragraph (1) of this subsection, shall be submitted with respect to the first fiscal quarter that begins on a date that is not less than 180 days after the date of the enactment of this Act [ Oct. 7, 2010 ].”
Pub. L. 111–259, title III, § 323(b), Oct. 7, 2010, 124 Stat. 2678, provided that:
“Nothing in this section [enacting this section and provisions set out as a note under this section], section 324 [enacting section 3102 of this title ], or an amendment made by this section or section 324, shall be construed to exempt an acquisition program of the Department of Defense from the requirements of [former] chapter 144 of title 10, United States Code [see chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328 of title 10][,] or Department of Defense Directive 5000, to the extent that such requirements are otherwise applicable.”
If the Director of National Intelligence determines under section 3101(d) of this title that the total acquisition cost of a major system has increased by a percentage equal to or greater than the critical cost growth threshold for the major system, the Director shall—
determine the root cause or causes of the critical cost growth, in accordance with applicable statutory requirements, policies, procedures, and guidance; and
carry out an assessment of—
the projected cost of completing the major system if current requirements are not modified;
the projected cost of completing the major system based on reasonable modification of such requirements;
the rough order of magnitude of the costs of any reasonable alternative system or capability; and
the need to reduce funding for other systems due to the growth in cost of the major system.
After conducting the reassessment required by subsection (a) with respect to a major system, the Director shall terminate the major system unless the Director submits to Congress a Major System Congressional Report containing a certification in accordance with paragraph (2) and the information described in paragraph (3). The Director shall submit such Major System Congressional Report and certification not later than 90 days after the date the Director receives the relevant major system cost report under subsection (b) or (c) of section 3101 of this title.
A certification described by this paragraph with respect to a major system is a written certification that—
the continuation of the major system is essential to the national security;
there are no alternatives to the major system that will provide acceptable capability to meet the intelligence requirement at less cost;
the new estimates of the total acquisition cost have been determined by the Director to be reasonable;
the major system is a higher priority than other systems whose funding must be reduced to accommodate the growth in cost of the major system; and
the management structure for the major system is adequate to manage and control the total acquisition cost.
A Major System Congressional Report accompanying a written certification under paragraph (2) shall include, in addition to the requirements of section 3101(e) of this title, the root cause analysis and assessment carried out pursuant to subsection (a), the basis for each determination made in accordance with subparagraphs (A) through (E) of paragraph (2), and a description of all funding changes made as a result of the growth in the cost of the major system, including reductions made in funding for other systems to accommodate such cost growth, together with supporting documentation.
If the Director elects not to terminate a major system pursuant to subsection (b), the Director shall—
restructure the major system in a manner that addresses the root cause or causes of the critical cost growth, as identified pursuant to subsection (a), and ensures that the system has an appropriate management structure as set forth in the certification submitted pursuant to subsection (b)(2)(E);
rescind the most recent Milestone approval for the major system;
require a new Milestone approval for the major system before taking any action to enter a new contract, exercise an option under an existing contract, or otherwise extend the scope of an existing contract under the system, except to the extent determined necessary by the Milestone Decision Authority, on a nondelegable basis, to ensure that the system may be restructured as intended by the Director without unnecessarily wasting resources;
establish a revised current Baseline Estimate for the major system based upon an updated cost estimate; and
conduct regular reviews of the major system.
If a major system is terminated pursuant to subsection (b), the Director shall submit to Congress a written report setting forth—
an explanation of the reasons for terminating the major system;
the alternatives considered to address any problems in the major system; and
the course the Director plans to pursue to meet any intelligence requirements otherwise intended to be met by the major system.
Any report or certification required to be submitted under this section may be submitted in a classified form.
The Director may waive the requirements of subsections (d)(2), (e), and (g) of section 3101 of this title and subsections (a)(2), (b), (c), and (d) of this section with respect to a major system if the Director determines that at least 90 percent of the amount of the current Baseline Estimate for the major system has been expended.
If the Director grants a waiver under paragraph (1) with respect to a major system, the Director shall submit to the congressional intelligence committees written notice of the waiver that includes—
the information described in section 3101(f) of this title; and
if the current total acquisition cost of the major system has increased by a percentage equal to or greater than the critical cost growth threshold—
a determination of the root cause or causes of the critical cost growth, as described in subsection (a)(1); and
a certification that includes the elements described in subparagraphs (A), (B), and (E) of subsection (b)(2).
The Director shall submit the written notice required by subparagraph (A) not later than 90 days after the date that the Director receives a major system cost report under subsection (b) or (c) of section 3101 of this title that indicates that the total acquisition cost for the major system has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold.
In this section, the terms “cost estimate”, “critical cost growth threshold”, “current Baseline Estimate”, “major system”, and “total acquisition cost” have the meaning given those terms in section 3101(a) of this title .
The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall provide to the congressional intelligence committees a Future Year Intelligence Plan, as described in paragraph (2), for—
each expenditure center in the National Intelligence Program; and
each major system in the National Intelligence Program.
A Future Year Intelligence Plan submitted under this subsection shall include the year-by-year proposed funding for each center or system referred to in subparagraph (A) or (B) of paragraph (1), for the budget year for which the Plan is submitted and not less than the 4 subsequent fiscal years.
A Future Year Intelligence Plan submitted under subparagraph (B) of paragraph (1) for a major system shall include—
the estimated total life-cycle cost of such major system; and
major milestones that have significant resource implications for such major system.
The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall provide to the congressional intelligence committees a Long-term Budget Projection for each element of the intelligence community funded under the National Intelligence Program acquiring a major system that includes the budget for such element for the 5-year period that begins on the day after the end of the last fiscal year for which year-by-year proposed funding is included in a Future Year Intelligence Plan for such major system in accordance with subsection (a)(2)(A).
A Long-term Budget Projection submitted under paragraph (1) shall include—
projections for the appropriate element of the intelligence community for—
pay and benefits of officers and employees of such element;
other operating and support costs and minor acquisitions of such element;
research and technology required by such element;
current and planned major system acquisitions for such element;
any future major system acquisitions for such element; and
any additional funding projections that the Director of National Intelligence considers appropriate;
a budget projection based on effective cost and schedule execution of current or planned major system acquisitions and application of Office of Management and Budget inflation estimates to future major system acquisitions;
any additional assumptions and projections that the Director of National Intelligence considers appropriate; and
a description of whether, and to what extent, the total projection for each year exceeds the level that would result from applying the most recent Office of Management and Budget inflation estimate to the budget of that element of the intelligence community.
The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall submit to the congressional intelligence committees each Future Year Intelligence Plan or Long-term Budget Projection required under subsection (a) or (b) for a fiscal year at the time that the President submits to Congress the budget for such fiscal year pursuant to section 1105 of title 31 .
The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall prepare a report on the acquisition of a major system funded under the National Intelligence Program before the time that the President submits to Congress the budget for the first fiscal year in which appropriated funds are anticipated to be obligated for the development or procurement of such major system.
The report on such major system shall include an assessment of whether, and to what extent, such acquisition, if developed, procured, and operated, is projected to cause an increase in the most recent Future Year Intelligence Plan and Long-term Budget Projection submitted under this section for an element of the intelligence community.
The Director of National Intelligence shall update the report whenever an independent cost estimate must be updated pursuant to section 3097(a)(4) of this title.
The Director of National Intelligence shall submit each report required by this subsection at the time that the President submits to Congress the budget for a fiscal year pursuant to section 1105 of title 31.
In this section:
The term “budget year” means the next fiscal year for which the President is required to submit to Congress a budget pursuant to section 1105 of title 31 .
The terms “independent cost estimate” and “major system” have the meaning given those terms in section 3097(e) of this title .
Pub. L. 111–259, title III, § 325(b), Oct. 7, 2010, 124 Stat. 2683, provided that:
“The first Future Year Intelligence Plan and Long-term Budget Projection required to be submitted under subsection (a) and (b) of section 506G of the National Security Act of 1947 [ 50 U.S.C. 3103(a) , (b)], as added by subsection (a), shall be submitted to the congressional intelligence committees at the time that the President submits to Congress the budget for fiscal year 2012 pursuant to section 1105 of title 31 , United States Code.”
[For definition of “congressional intelligence committees” as used in section 325(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.]
Pub. L. 115–245, div. A, title VIII, § 8089, Sept. 28, 2018, 132 Stat. 3021, provided that:
“The Director of National Intelligence shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress that year under section 1105(a) of title 31 , United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.”
Similar provisions were contained in the following appropriation acts:
Pub. L. 115–141, div. C, title VIII, § 8090, Mar. 23, 2018, 132 Stat. 484.
Pub. L. 115–31, div. C, title VIII, § 8091, May 5, 2017, 131 Stat. 268.
Pub. L. 114–113, div. C, title VIII, § 8091, Dec. 18, 2015, 129 Stat. 2373.
Pub. L. 113–235, div. C, title VIII, § 8095, Dec. 16, 2014, 128 Stat. 2276.
Pub. L. 113–76, div. C, title VIII, § 8090, Jan. 17, 2014, 128 Stat. 126.
Pub. L. 113–6, div. C, title VIII, § 8091, Mar. 26, 2013, 127 Stat. 318.
Pub. L. 112–74, div. A, title VIII, § 8094, Dec. 23, 2011, 125 Stat. 828.
Pub. L. 112–10, div. A, title VIII, § 8094, Apr. 15, 2011, 125 Stat. 77.
Pub. L. 111–118, div. A, title VIII, § 8104, Dec. 19, 2009, 123 Stat. 3451, repealed by Pub. L. 111–259, title III, § 325(c)(2), Oct. 7, 2010, 124 Stat. 2683.
Pub. L. 110–329, div. C, title VIII, § 8112, Sept. 30, 2008, 122 Stat. 3645.
Not later than February 1 of each year, the President shall submit to Congress a report on the security clearance process. Such report shall include, for each security clearance level—
the number of employees of the United States Government who—
held a security clearance at such level as of October 1 of the preceding year; and
were approved for a security clearance at such level during the preceding fiscal year; and
the number of contractors to the United States Government who—
held a security clearance at such level as of October 1 of the preceding year; and
were approved for a security clearance at such level during the preceding fiscal year.
For purposes of paragraph (1), the President may consider—
security clearances at the level of confidential and secret as one security clearance level; and
security clearances at the level of top secret or higher as one security clearance level.
Not later than March 1 of each year, the Director of National Intelligence shall submit a report to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives regarding the security clearances processed by each element of the intelligence community during the preceding fiscal year.
The Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives such portions of the report submitted under subparagraph (A) as the Director determines address elements of the intelligence community that are within the Department of Defense.
Each report submitted under this paragraph shall separately identify security clearances processed for Federal employees and contractor employees sponsored by each such element.
Each report submitted under paragraph (1)(A) shall include, for each element of the intelligence community for the fiscal year covered by the report, the following:
The total number of initial security clearance background investigations sponsored for new applicants.
The total number of security clearance periodic reinvestigations sponsored for existing employees.
The total number of initial security clearance background investigations for new applicants that were adjudicated with notice of a determination provided to the prospective applicant, including—
the total number of such adjudications that were adjudicated favorably and granted access to classified information; and
the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance.
The total number of security clearance periodic background investigations that were adjudicated with notice of a determination provided to the existing employee, including—
the total number of such adjudications that were adjudicated favorably; and
the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance.
The total number of pending security clearance background investigations, including initial applicant investigations and periodic reinvestigations, that were not adjudicated as of the last day of such year and that remained pending, categorized as follows:
For 180 days or shorter.
For longer than 180 days, but shorter than 12 months.
For 12 months or longer, but shorter than 18 months.
For 18 months or longer, but shorter than 24 months.
For 24 months or longer.
For any security clearance determinations completed or pending during the year preceding the year for which the report is submitted that have taken longer than 12 months to complete—
an explanation of the causes for the delays incurred during the period covered by the report; and
the number of such delays involving a polygraph requirement.
The percentage of security clearance investigations, including initial and periodic reinvestigations, that resulted in a denial or revocation of a security clearance.
The percentage of security clearance investigations that resulted in incomplete information.
The percentage of security clearance investigations that did not result in enough information to make a decision on potentially adverse information.
The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
The reports required under subsections (a)(1) and (b) shall be submitted in unclassified form, but may include a classified annex.
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.
Pub. L. 111–259, title III, § 367(a)(1)(B), Oct. 7, 2010, 124 Stat. 2704, provided that:
“The first audit required to be conducted under section 506H(a)(1) of the National Security Act of 1947 [ 50 U.S.C. 3104(a)(1) ], as added by subparagraph (A) of this paragraph, shall be completed not later than February 1, 2011 .”
The Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Director of the Defense Intelligence Agency, shall make publicly available an unclassified summary of—
intelligence relating to recidivism of detainees currently or formerly held at the Naval Detention Facility at Guantanamo Bay, Cuba, by the Department of Defense; and
an assessment of the likelihood that such detainees will engage in terrorism or communicate with persons in terrorist organizations.
Not less frequently than annually, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Secretary of Defense, shall update and make publicly available an unclassified summary consisting of the information required by subsection (a) and the number of individuals formerly detained at Naval Station, Guantanamo Bay, Cuba, who are confirmed or suspected of returning to terrorist activities after release or transfer from such Naval Station.
Pub. L. 112–87, title III, § 307(a)(2), Jan. 3, 2012, 125 Stat. 1883, provided that:
“The initial update required by section 506I(b) of such Act [ act July 26, 1947, ch. 343 ; 50 U.S.C. 3105(b) ], as added by paragraph (1) of this subsection, shall be made publicly available not later than 10 days after the date the first report following the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 [ Jan. 3, 2012 ] is submitted to members and committees of Congress pursuant to section 319 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ; 10 U.S.C. 801 note).”
In this section:
The term “budget” has the meaning given the term “budget of the President” in section 3097 of this title .
The term “classified intelligence budget justification materials” means, with respect to a fiscal year, the materials submitted to Congress by the Director of National Intelligence in support of the budget for that fiscal year that are classified or otherwise protected from public disclosure.
Not later than 5 days after the date on which the President submits to Congress the budget for each fiscal year pursuant to section 1105(a) of title 31 , the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Appropriations of the Senate and the House of Representatives the classified intelligence budget justification materials for the element for that budget.
The date for the submittal to the congressional intelligence committees of the following annual reports shall be the date each year provided in subsection (c)(1):
The annual report of the Inspectors General of the intelligence community on proposed resources and activities of their offices required by section 416(h) of title 5.
The annual report on certifications for immunity in interdiction of aircraft engaged in illicit drug trafficking required by section 2291–4(c)(2) of title 22.
The annual report on activities under the David L. Boren National Security Education Act of 1991 (title VIII of Public Law 102–183; 50 U.S.C. 1901 et seq.) required by section 806(a) of that Act (50 U.S.C. 1906(a)).
The annual report on hiring and retention of minority employees in the intelligence community required by section 3050(a) of this title.
The annual report on financial intelligence on terrorist assets required by section 3055 of this title.
An annual report submitted under section 3059(d)(1) of this title.
The dates for the submittal to the congressional intelligence committees of the following semiannual reports shall be the dates each year provided in subsection (c)(2):
The semiannual reports on decisions not to prosecute certain violations of law under the Classified Information Procedures Act (18 U.S.C. App.) as required by section 13 of that Act.
The semiannual reports on the disclosure of information and consumer reports to the Federal Bureau of Investigation for counterintelligence purposes required by section 1681u(h)(2) of title 15.1
The semiannual provision of information on requests for financial information for foreign counterintelligence purposes required by section 3414(a)(5)(C) of title 12.
Except as provided in subsection (d), each annual report listed in subsection (a) shall be submitted not later than February 1.
Except as provided in subsection (d), each semiannual report listed in subsection (b) shall be submitted not later than February 1 and August 1.
Subject to paragraph (3), the date for the submittal of—
if the official required to submit such report submits to the congressional intelligence committees a written notification of such postponement.
an annual report listed in subsection (a) may be postponed until March 1; and
a semiannual report listed in subsection (b) may be postponed until March 1 or September 1, as the case may be,
Notwithstanding any other provision of law and subject to paragraph (3), the date for the submittal to the congressional intelligence committees of any report described in subparagraph (B) may be postponed by not more than 30 days from the date otherwise specified in the provision of law for the submittal of such report if the official required to submit such report submits to the congressional intelligence committees a written notification of such postponement.
A report described in this subparagraph is any report on intelligence or intelligence-related activities of the United States Government that is submitted under a provision of law requiring the submittal of only a single report.
The date for the submittal of a report whose submittal is postponed under paragraph (1) or (2) may be postponed beyond the time provided for the submittal of such report under such paragraph if the official required to submit such report submits to the congressional intelligence committees a written certification that preparation and submittal of such report at such time will impede the work of officers or employees of the intelligence community in a manner that will be detrimental to the national security of the United States.
A certification with respect to a report under subparagraph (A) shall include a proposed submittal date for such report, and such report shall be submitted not later than that date.
Amendment by Pub. L. 119–60 effective Dec. 31, 2026, see section 6801(a)(1)(C) of Pub. L. 119–60, set out as an Effective Date of Repeal note under section 3055 of this title.
Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.
Pub. L. 108–487, title I, § 107, Dec. 23, 2004, 118 Stat. 3943, provided that:
“(a) Consultation in Preparation .— (1) The Director of National Intelligence shall ensure that any report, review, study, or plan required to be prepared or conducted by a provision of this Act [see Tables for classification], including a provision of the classified Schedule of Authorizations referred to in section 102(a) [ 118 Stat. 3940 ] or the classified annex to this Act, that involves the intelligence or intelligence-related activities of the Department of Defense or the Department of Energy is prepared or conducted in consultation with the Secretary of Defense or the Secretary of Energy, as appropriate. “(2) The Secretary of Defense or the Secretary of Energy may carry out any consultation required by this subsection through an official of the Department of Defense or the Department of Energy, as the case may be, designated by such Secretary for that purpose. “(b) Submittal .— Any report, review, study, or plan referred to in subsection (a) shall be submitted, in addition to any other committee of Congress specified for submittal in the provision concerned, to the following committees or subcommittees of Congress, as appropriate: “(1) The Committee on Armed Services, the Subcommittee on Defense of the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. “(2) The Committee on Armed Services, the Subcommittee on Defense of the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.”
Similar provisions were contained in the following prior acts:
Pub. L. 108–177, title I, § 107, Dec. 13, 2003, 117 Stat. 2604.
Pub. L. 107–306, title I, § 109, Nov. 27, 2002, 116 Stat. 2389.
Pub. L. 107–108, title V, § 505, Dec. 28, 2001, 115 Stat. 1406.
Pub. L. 107–306, title VIII, § 801, Nov. 27, 2002, 116 Stat. 2418, provided that certain overdue reports that the Director of Central Intelligence has sole or primary responsibility to present to Congress must be submitted to Congress no later than 180 days after Nov. 27, 2002, or amounts available to the Director to carry out the functions and duties of the Director’s Office would be reduced by ⅓.
The head of each element of the intelligence community shall annually submit to the congressional intelligence committees—
a certification that, to the best of the knowledge of the head of such element—
the head of such element is in full compliance with the requirements of this subchapter; and
any information required to be submitted by the head of such element under this chapter before the date of the submission of such certification has been properly submitted; or
if the head of such element is unable to submit a certification under paragraph (1), a statement—
of the reasons the head of such element is unable to submit such a certification;
describing any information required to be submitted by the head of such element under this chapter before the date of the submission of such statement that has not been properly submitted; and
that the head of such element will submit such information as soon as possible after the submission of such statement.
Pub. L. 111–259, title III, § 332(b), Oct. 7, 2010, 124 Stat. 2687, provided that:
“The first certification or statement required to be submitted by the head of each element of the intelligence community under section 508 of the National Security Act of 1947 [ 50 U.S.C. 3107 ], as added by subsection (a), shall be submitted not later than 90 days after the date of the enactment of this Act [ Oct. 7, 2010 ].”
[For definition of “intelligence community” as used in section 332(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.]
The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization.
Beginning as early as practicable, but in no event later than the audit required under subsection (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such covered entity for the fiscal year covered by such audit.
The chief financial officer of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a).
In this section, the term “covered entity” means the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency.
Except as provided in subsection (c) and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the General Counsel of each element of the intelligence community shall notify the congressional intelligence committees, in writing, of any significant legal interpretation of the United States Constitution or Federal law affecting intelligence activities conducted by such element by not later than 30 days after the date of the commencement of any intelligence activity pursuant to such interpretation.
Each notification under subsection (a) shall provide a summary of the significant legal interpretation and the intelligence activity or activities conducted pursuant to such interpretation.
A notification under subsection (a) shall not be required for a significant legal interpretation if—
notice of the significant legal interpretation was previously provided to the congressional intelligence committees under subsection (a); or
the significant legal interpretation was made before July 7, 2014.
If the President determines that it is essential to limit access to a covert action finding under section 3093(c)(2) of this title , the President may limit access to information concerning such finding that is subject to notification under this section to those members of Congress who have been granted access to the relevant finding under section 3093(c)(2) of this title .
The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year.
Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 (50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was—
determined by the director, head, or general counsel of any element of the intelligence community to have occurred;
referred to the Department of Justice for possible criminal prosecution; or
substantiated by the inspector general of any element of the intelligence community.
Pub. L. 113–293, title III, § 323(e), Dec. 19, 2014, 128 Stat. 4004, provided that:
“Nothing in this section [enacting this section and provisions set out as notes under this section] or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act [ Dec. 19, 2014 ] to submit a report under any provision of law.”
Pub. L. 113–293, title III, § 323(b), Dec. 19, 2014, 128 Stat. 4004, provided that:
“The first report required under section 511 of the National Security Act of 1947 [ 50 U.S.C. 3110 ], as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act [ Dec. 19, 2014 ].”
Pub. L. 113–293, title III, § 323(c), Dec. 19, 2014, 128 Stat. 4004, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Dec. 19, 2014 ], the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— “(1) issue guidelines to carry out section 511 of the National Security Act of 1947 [ 50 U.S.C. 3110 ], as added by subsection (a); and “(2) submit such guidelines to the congressional intelligence committees.”
[For definitions of terms used in section 323(c) of Pub. L. 113–293, set out above, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of this title.]
In addition to, and without any derogation of, the requirement under section 3091 of this title to keep the congressional intelligence committees fully and currently informed of the intelligence and counterintelligence activities of the United States, not less frequently than once each quarter, or more frequently if requested by the congressional intelligence committees, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the counterintelligence activities of the Federal Bureau of Investigation. Such briefings shall include, at a minimum, an overview and update of—
the counterintelligence posture of the Bureau;
counterintelligence investigations; and
any other information relating to the counterintelligence activities of the Bureau that the Director determines necessary.
In addition to the quarterly briefings under subsection (a), the Director of the Federal Bureau of Investigation shall promptly notify the congressional intelligence committees of any counterintelligence investigation carried out by the Bureau with respect to any counterintelligence risk or threat that is related to an election or campaign for Federal office.
The Director shall develop guidelines governing the scope of the briefings provided under subsection (a), the notifications provided under subsection (b), and the information required by section 3371(a)(2) of this title . The Director shall consult the congressional intelligence committees during such development.
The Director shall submit to the congressional intelligence committees—
the guidelines under paragraph (1) upon issuance; and
any updates to such guidelines by not later than 15 days after making such update.
Not later than 30 days after December 18, 2025 , and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report containing data on cases of the Federal Bureau of Investigation for the fiscal year preceding the fiscal year in which the report is submitted.
Each report required by subsection (a) shall include, for the fiscal year covered by the report, the number of active cases, the number of unique cases, and the number of cases opened, for each of the following:
Russia counterintelligence cases.
China counterintelligence cases.
Espionage or leak cases.
All other counterintelligence cases, disaggregated by country affiliation.
Cartel and other transnational criminal organization counterterrorism cases.
All other international counterterrorism cases, disaggregated by country affiliation.
Russia cyber national security cases.
China cyber national security cases.
All other cyber national security cases, disaggregated by country affiliation.
Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Not later than January 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report—
identifying all domestic activities undertaken by each element of the intelligence community during the prior fiscal year; and
for each activity identified under paragraph (1), a statement of the legal authority authorizing such activity to be undertaken.
Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Pub. L. 117–103, div. X, title V, § 505(c), (d), Mar. 15, 2022, 136 Stat. 989, provided that:
“(c) First Report .— Not later than 90 days after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of National Intelligence shall submit to the appropriate congressional committees the first report required under section 513 of the National Security Act of 1947 [ 50 U.S.C. 3112 ], as added by subsection (a). “(d) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the congressional intelligence committees; and “(2) the Subcommittees on Commerce, Justice, Science, and Related Agencies and the Subcommittees on Homeland Security of the Committees on Appropriations of the House of Representatives and the Senate.”
[For definition of “congressional intelligence committees” as used in section 505(d) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31 , the head of each element of the intelligence community shall prepare and submit to the Director of National Intelligence, the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on the unfunded priorities of the programs under the jurisdiction of such head.
Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
Whether such priority will satisfy a covert action or support collection against requirements identified in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities), including a description of such requirements and the related prioritization level.
The additional amount of funds recommended in connection with the objectives under subparagraph (A).
Budget information with respect to the unfunded priority, including—
the appropriation account;
the expenditure center; and
the project and, if applicable, subproject.
Each report shall present the unfunded priorities covered by such report in overall order of urgency of priority among unfunded priorities.
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of an element of the intelligence community that—
is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
is necessary to fulfill a covert action or to satisfy an information requirement associated with the collection, analysis, or dissemination of intelligence that has been documented within the National Intelligence Priorities Framework; and
would have been recommended for funding by the head of the element of the intelligence community if—
additional resources had been available for the budget to fund the program, activity, or mission requirement; or
the program, activity, or mission requirement has emerged since the budget was formulated.
In this section, the term “covered document” means any executive order, memorandum, or policy directive issued by the President, including national security Presidential memoranda and Presidential policy directives, or such successor memoranda and directives.
Not later than 7 days after the date on which the President issues or amends a covered document, the President, acting through the Director of National Intelligence, shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives the covered document and any classified annex accompanying that document if such covered document or annex contains a direction to, establishes a requirement for, or includes a restriction on any element of the intelligence community.
Pub. L. 117–263, div. F, title LXIII, § 6316(b), Dec. 23, 2022, 136 Stat. 3513, provided that:
“Not later than 60 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives each covered document and classified annex required under section 515 of the National Security Act of 1947 [ 50 U.S.C. 3114 ], as added by subsection (a), in effect as of the date of enactment of this Act.”
[For definition of “congressional intelligence committees” as used in section 6316(b) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
Not later than 45 days after the date on which the President submits to Congress the budget for each fiscal year pursuant to section 1105(a) of title 31 , the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives any legislative provisions that are proposed by the Director to be enacted as part of the annual intelligence authorization bill for that fiscal year.
The Secretary of State shall provide notice to the Director of National Intelligence and the Secretary of Defense of any covered closure of a diplomatic or consular post. To the maximum extent practicable, the notice shall be provided at least 30 days before the date on which the covered closure occurs.
The Director of National Intelligence, in consultation with the heads of the other appropriate elements of the intelligence community as determined by the Director, shall submit to the appropriate congressional committees a notice describing the impact of the closure on the intelligence community. The notice shall be submitted within 30 days after the date on which the Director receives the notice under subsection (a) and, to the maximum extent practicable, shall be submitted before the date on which the covered closure occurs. Such notice shall include a description of whether, and the extent to which, the Director and the heads of the other appropriate elements of the intelligence community were consulted in the decision-making process with respect to such closure and registered any concerns with or objections to such closure.
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;
the Committees on Armed Services of the Senate and the House of Representatives; and
the Committees on Appropriations of the Senate and the House of Representatives.
The term “covered closure of a diplomatic or consular post” means the closure of a United States diplomatic or consular post abroad that is anticipated to last for 60 days or more.
Except as provided in paragraph (3), the Director of the Federal Bureau of Investigation shall notify the chairmen and ranking minority members of the appropriate congressional committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate of each counterintelligence assessment or investigation of an individual who is—
a candidate for Federal office; or
a holder of Federal office.
The notice required under paragraph (1) shall include—
a summary of the relevant facts associated with the counterintelligence assessment or investigation; and
the identity of such individual.
The Director may refrain from providing a notice under paragraph (1) to an individual who is otherwise a recipient of notices under such paragraph if that individual is a target of the counterintelligence assessment or investigation covered by the notice.
The Director shall provide each notice under subsection (a) not later than 15 days after the date of the commencement of the counterintelligence assessment or investigation that is the subject of such notice. With respect to counterintelligence assessments or investigations that commenced before December 18, 2025 , and are ongoing as of December 18, 2025 , the Director shall provide each notice under subsection (a) not later than 15 days after December 18, 2025 .
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees; and
the Committees on the Judiciary of the House of Representatives and the Senate.
The terms “candidate” and “Federal office” have the meanings given those terms in section 30101 of title 52.
SUBCHAPTER IV— PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than 15 years, or both.
Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than 10 years, or both.
Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual’s classified intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than three years, or both.
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.
It is a defense to a prosecution under section 3121 of this title that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.
Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information.
It shall not be an offense under section 3121 of this title to transmit information described in such section directly to either congressional intelligence committee.
It shall not be an offense under section 3121 of this title for an individual to disclose information that solely identifies himself as a covert agent.
[Repealed]
There is jurisdiction over an offense under section 3121 of this title committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 1101(a)(20) of title 8 ).
Nothing in this subchapter may be construed as authority to withhold information from the Congress or from a committee of either House of Congress.
For the purposes of this subchapter:
The term “classified information” means information or material designated and clearly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive order), as requiring a specific degree of protection against unauthorized disclosure for reasons of national security.
The term “authorized”, when used with respect to access to classified information, means having authority, right, or permission pursuant to the provisions of a statute, Executive order, directive of the head of any department or agency engaged in foreign intelligence or counterintelligence activities, order of any United States court, or provisions of any Rule of the House of Representatives or resolution of the Senate which assigns responsibility within the respective House of Congress for the oversight of intelligence activities.
The term “disclose” means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available.
The term “covert agent” means—
a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency whose identity as such an officer, employee, or member is classified information; or
a United States citizen whose intelligence relationship to the United States is classified information, and—
who acts as an agent of, or informant or source of operational assistance to, an intelligence agency, or
who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation; or
an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency.
The term “intelligence agency” means the elements of the intelligence community, as that term is defined in section 3003(4) of this title.
The term “informant” means any individual who furnishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such individual from public disclosure.
The terms “officer” and “employee” have the meanings given such terms by section 2104 and 2105, respectively, of title 5.
The term “Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
The term “United States”, when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands.
The term “pattern of activities” requires a series of acts with a common purpose or objective.
Pub. L. 113–126, title VII, § 703(b), July 7, 2014, 128 Stat. 1423, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ).”
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
SUBCHAPTER V— PROTECTION OF OPERATIONAL FILES
The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of section 552 of title 5 (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
In this section, the term “operational files” means—
except that files which are the sole repository of disseminated intelligence are not operational files.
files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5 (Freedom of Information Act); or
the specific subject matter of an investigation by the congressional intelligence committees, the Intelligence Oversight Board, the Department of Justice, the Office of General Counsel of the Central Intelligence Agency, the Office of Inspector General of the Central Intelligence Agency, or the Office of the Director of National Intelligence for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity.
Files that are not exempted under subsection (a) of this section which contain information derived or disseminated from exempted operational files shall be subject to search and review.
The inclusion of information from exempted operational files in files that are not exempted under subsection (a) of this section shall not affect the exemption under subsection (a) of this section of the originating operational files from search, review, publication, or disclosure.
Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under subsection (a) of this section and which have been returned to exempted operational files for sole retention shall be subject to search and review.
The provisions of subsection (a) of this section shall not be superseded except by a provision of law which is enacted after October 15, 1984 , and which specifically cites and repeals or modifies its provisions.
Whenever any person who has requested agency records under section 552 of title 5 (Freedom of Information Act), alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, except that—
in any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign relations which is filed with, or produced for, the court by the Central Intelligence Agency, such information shall be examined ex parte, in camera by the court;
the court shall, to the fullest extent practicable, determine issues of fact based on sworn written submissions of the parties;
when a complaint alleges that requested records were improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission, based upon personal knowledge or otherwise admissible evidence;
when a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Central Intelligence Agency shall meet its burden under section 552(a)(4)(B) of title 5 by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in subsection (b) of this section; and
the court may not order the Central Intelligence Agency to review the content of any exempted operational file or files in order to make the demonstration required under subparagraph (A) of this paragraph, unless the complainant disputes the Central Intelligence Agency’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence;
in proceedings under paragraphs (3) and (4) of this subsection, the parties shall not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admission may be made pursuant to rules 26 and 36;
if the court finds under this subsection that the Central Intelligence Agency has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Central Intelligence Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5 (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section; and
if at any time following the filing of a complaint pursuant to this subsection the Central Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint.
Not less than once every ten years, the Director of the Central Intelligence Agency and the Director of National Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from any category of exempted files or any portion thereof.
The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
A complainant who alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining the following:
Whether the Central Intelligence Agency has conducted the review required by paragraph (1) before October 15, 1994, or before the expiration of the 10-year period beginning on the date of the most recent review.
Whether the Central Intelligence Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 98–477, § 4, Oct. 15, 1984, 98 Stat. 2212, provided that:
“The amendments made by subsections (a) and (b) of section 2 [enacting this subchapter and amending section 552a of Title 5 , Government Organization and Employees] shall be effective upon enactment of this Act [ Oct. 15, 1984 ] and shall apply with respect to any requests for records, whether or not such request was made prior to such enactment, and shall apply to all civil actions not commenced prior to February 7, 1984 .”
The Director of the National Geospatial-Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the National Geospatial-Intelligence Agency from the provisions of section 552 of title 5 which require publication, disclosure, search, or review in connection therewith.
Subject to subparagraph (B), for the purposes of this section, the term “operational files” means files of the National Geospatial-Intelligence Agency (hereafter in this section referred to as “NGA”) concerning the activities of NGA that before the establishment of NGA were performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
Files which are the sole repository of disseminated intelligence are not operational files.
Notwithstanding paragraph (1), exempted operational files shall continue to be subject to search and review for information concerning—
any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5; or
the specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
The congressional intelligence committees.
The Intelligence Oversight Board.
The Department of Justice.
The Office of General Counsel of NGA.
The Office of the Director of NGA.
The Office of the Inspector General of the National Geospatial-Intelligence Agency.
Files that are not exempted under paragraph (1) which contain information derived or disseminated from exempted operational files shall be subject to search and review.
The inclusion of information from exempted operational files in files that are not exempted under paragraph (1) shall not affect the exemption under paragraph (1) of the originating operational files from search, review, publication, or disclosure.
Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under paragraph (1) and which have been returned to exempted operational files for sole retention shall be subject to search and review.
The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after December 3, 1999, and which specifically cites and repeals or modifies its provisions.
Except as provided in subparagraph (B), whenever any person who has requested agency records under section 552 of title 5 alleges that NGA has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5.
Judicial review shall not be available in the manner provided for under subparagraph (A) as follows:
In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by NGA, such information shall be examined ex parte, in camera by the court.
The court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of the parties.
When a complainant alleges that requested records are improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission based upon personal knowledge or otherwise admissible evidence.
When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, NGA shall meet its burden under section 552(a)(4)(B) of title 5 by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in paragraph (2).
The court may not order NGA to review the content of any exempted operational file or files in order to make the demonstration required under subclause (I), unless the complainant disputes NGA’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.
In proceedings under clauses (iii) and (iv), the parties may not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admissions may be made pursuant to rules 26 and 36.
If the court finds under this paragraph that NGA has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order NGA to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, and such order shall be the exclusive remedy for failure to comply with this subsection.
If at any time following the filing of a complaint pursuant to this paragraph NGA agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint.
Any information filed with, or produced for the court pursuant to clauses (i) and (iv) shall be coordinated with the Director of National Intelligence prior to submission to the court.
Not less than once every 10 years, the Director of the National Geospatial-Intelligence Agency and the Director of National Intelligence shall review the exemptions in force under subsection (a)(1) to determine whether such exemptions may be removed from the category of exempted files or any portion thereof. The Director of National Intelligence must approve any determination to remove such exemptions.
The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
A complainant that alleges that NGA has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining the following:
Whether NGA has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on December 3, 1999, or before the expiration of the 10-year period beginning on the date of the most recent review.
Whether NGA, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 106–120, title V, § 501(b), Dec. 3, 1999, 113 Stat. 1619, as amended by Pub. L. 108–136, div. A, title IX, § 921(g), Nov. 24, 2003, 117 Stat. 1570, provided that:
“Any record transferred to the National Geospatial-Intelligence Agency from exempted operational files of the Central Intelligence Agency covered by section 701(a) of the National Security Act of 1947 ( 50 U.S.C. 431(a) ) [now 50 U.S.C. 3141(a) ] shall be placed in the operational files of the National Geospatial-Intelligence Agency that are established pursuant to section 105B [now 702] of the National Security Act of 1947 [ 50 U.S.C. 3142 ], as added by subsection (a).”
The Director of the National Reconnaissance Office, with the coordination of the Director of National Intelligence, may exempt operational files of the National Reconnaissance Office from the provisions of section 552 of title 5 which require publication, disclosure, search, or review in connection therewith.
Subject to subparagraph (B), for the purposes of this section, the term “operational files” means files of the National Reconnaissance Office (hereafter in this section referred to as “NRO”) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
Files which are the sole repository of disseminated intelligence are not operational files.
Notwithstanding paragraph (1), exempted operational files shall continue to be subject to search and review for information concerning—
any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5; or
the specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
The Permanent Select Committee on Intelligence of the House of Representatives.
The Select Committee on Intelligence of the Senate.
The Intelligence Oversight Board.
The Department of Justice.
The Office of General Counsel of NRO.
The Office of the Director of NRO.
The Office of the Inspector General of the NRO.
Files that are not exempted under paragraph (1) which contain information derived or disseminated from exempted operational files shall be subject to search and review.
The inclusion of information from exempted operational files in files that are not exempted under paragraph (1) shall not affect the exemption under paragraph (1) of the originating operational files from search, review, publication, or disclosure.
The declassification of some of the information contained in exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or disclosure.
Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under paragraph (1) and which have been returned to exempted operational files for sole retention shall be subject to search and review.
The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after November 27, 2002, and which specifically cites and repeals or modifies its provisions.
Except as provided in subparagraph (B), whenever any person who has requested agency records under section 552 of title 5 alleges that NRO has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5.
Judicial review shall not be available in the manner provided for under subparagraph (A) as follows:
In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by NRO, such information shall be examined ex parte, in camera by the court.
The court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of the parties.
When a complainant alleges that requested records are improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission based upon personal knowledge or otherwise admissible evidence.
When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, NRO shall meet its burden under section 552(a)(4)(B) of title 5 by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in paragraph (2).
The court may not order NRO to review the content of any exempted operational file or files in order to make the demonstration required under subclause (I), unless the complainant disputes NRO’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.
In proceedings under clauses (iii) and (iv), the parties may not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admissions may be made pursuant to rules 26 and 36.
If the court finds under this paragraph that NRO has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order NRO to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5 and such order shall be the exclusive remedy for failure to comply with this subsection.
If at any time following the filing of a complaint pursuant to this paragraph NRO agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint.
Any information filed with, or produced for the court pursuant to clauses (i) and (iv) shall be coordinated with the Director of National Intelligence prior to submission to the court.
Not less than once every 10 years, the Director of the National Reconnaissance Office and the Director of National Intelligence shall review the exemptions in force under subsection (a)(1) to determine whether such exemptions may be removed from the category of exempted files or any portion thereof. The Director of National Intelligence must approve any determination to remove such exemptions.
The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
A complainant that alleges that NRO has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining the following:
Whether NRO has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on November 27, 2002, or before the expiration of the 10-year period beginning on the date of the most recent review.
Whether NRO, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
The Director of the National Security Agency, in coordination with the Director of National Intelligence, may exempt operational files of the National Security Agency from the provisions of section 552 of title 5 which require publication, disclosure, search, or review in connection therewith.
In this section, the term “operational files” means—
files of the Signals Intelligence Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems; and
files of the Research Associate Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
Files that are the sole repository of disseminated intelligence, and files that have been accessioned into the National Security Agency Archives (or any successor organization) are not operational files.
Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning any of the following:
Any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5.
The specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
The Intelligence Oversight Board.
The Department of Justice.
The Office of General Counsel of the National Security Agency.
The Office of the Inspector General of the Department of Defense.
The Office of the Director of the National Security Agency.
The Office of the Inspector General of the National Security Agency.
Files that are not exempted under subsection (a) that contain information derived or disseminated from exempted operational files shall be subject to search and review.
The inclusion of information from exempted operational files in files that are not exempted under subsection (a) shall not affect the exemption under subsection (a) of the originating operational files from search, review, publication, or disclosure.
The declassification of some of the information contained in exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or disclosure.
Records from exempted operational files that have been disseminated to and referenced in files that are not exempted under subsection (a) and that have been returned to exempted operational files for sole retention shall be subject to search and review.
The provisions of subsection (a) may not be superseded except by a provision of law that is enacted after November 24, 2003 , and that specifically cites and repeals or modifies such provisions.
Except as provided in paragraph (2), whenever any person who has requested agency records under section 552 of title 5 alleges that the National Security Agency has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5.
Judicial review shall not be available in the manner provided for under paragraph (1) as follows:
In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the National Security Agency, such information shall be examined ex parte, in camera by the court.
The court shall determine, to the fullest extent practicable, the issues of fact based on sworn written submissions of the parties.
When a complainant alleges that requested records are improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission based upon personal knowledge or otherwise admissible evidence.
When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the National Security Agency shall meet its burden under section 552(a)(4)(B) of title 5 by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in subsection (b).
The court may not order the National Security Agency to review the content of any exempted operational file or files in order to make the demonstration required under clause (i), unless the complainant disputes the National Security Agency’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.
In proceedings under subparagraphs (C) and (D), the parties may not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admissions may be made pursuant to rules 26 and 36.
If the court finds under this subsection that the National Security Agency has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order the Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, and such order shall be the exclusive remedy for failure to comply with this section (other than subsection (g)).
If at any time following the filing of a complaint pursuant to this paragraph the National Security Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint.
Any information filed with, or produced for the court pursuant to subparagraphs (A) and (D) shall be coordinated with the Director of National Intelligence before submission to the court.
Not less than once every 10 years, the Director of the National Security Agency and the Director of National Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from a category of exempted files or any portion thereof. The Director of National Intelligence must approve any determination to remove such exemptions.
The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of a particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
A complainant that alleges that the National Security Agency has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining the following:
Whether the National Security Agency has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on November 24, 2003, or before the expiration of the 10-year period beginning on the date of the most recent review.
Whether the National Security Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Subject to paragraph (2), the provisions of section 552 of title 5 that require search, review, publication, or disclosure of a record shall not apply to a record provided to the Office of the Director of National Intelligence by an element of the intelligence community from the exempted operational files of such element.
Paragraph (1) shall not apply with respect to a record of the Office that—
contains information derived or disseminated from an exempted operational file, unless such record is created by the Office for the sole purpose of organizing such exempted operational file for use by the Office;
is disseminated by the Office to a person other than an officer, employee, or contractor of the Office; or
is no longer designated as an exempted operational file in accordance with this subchapter.
Notwithstanding any other provision of this subchapter, an exempted operational file that is provided to the Office by an element of the intelligence community shall not be subject to the provisions of section 552 of title 5 that require search, review, publication, or disclosure of a record solely because such element provides such exempted operational file to the Office.
Notwithstanding subsection (a) or (b), an exempted operational file shall continue to be subject to search and review for information concerning any of the following:
Any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5.
The specific subject matter of an investigation for any impropriety or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity by any of the following:
The Select Committee on Intelligence of the Senate.
The Permanent Select Committee on Intelligence of the House of Representatives.
The Intelligence Oversight Board.
The Department of Justice.
The Office of the Director of National Intelligence.
The Office of the Inspector General of the Intelligence Community.
Not less than once every 10 years, the Director of National Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from any category of exempted files or any portion thereof.
The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
A complainant that alleges that the Director of National Intelligence has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining the following:
Whether the Director has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on October 7, 2010, or before the expiration of the 10-year period beginning on the date of the most recent review.
Whether the Director of National Intelligence, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.
The provisions of this section may not be superseded except by a provision of law that is enacted after October 7, 2010 , and that specifically cites and repeals or modifies such provisions.
Except as provided in paragraph (2), whenever any person who has requested agency records under section 552 of title 5 alleges that the Office has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5.
Judicial review shall not be available in the manner provided for under paragraph (1) as follows:
In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the Office, such information shall be examined ex parte, in camera by the court.
The court shall determine, to the fullest extent practicable, the issues of fact based on sworn written submissions of the parties.
When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Office may meet the burden of the Office under section 552(a)(4)(B) of title 5 by demonstrating to the court by sworn written submission that exempted files likely to contain responsive records are records provided to the Office by an element of the intelligence community from the exempted operational files of such element.
The court may not order the Office to review the content of any exempted file in order to make the demonstration required under clause (i), unless the complainant disputes the Office’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.
In proceedings under subparagraph (C), a party may not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admissions may be made pursuant to rules 26 and 36 of the Federal Rules of Civil Procedure.
If the court finds under this subsection that the Office has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Office to search and review each appropriate exempted file for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5 (commonly referred to as the Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section.
If at any time following the filing of a complaint pursuant to this paragraph the Office agrees to search each appropriate exempted file for the requested records, the court shall dismiss the claim based upon such complaint.
In this section:
The term “exempted operational file” means a file of an element of the intelligence community that, in accordance with this subchapter, is exempted from the provisions of section 552 of title 5 that require search, review, publication, or disclosure of such file.
Except as otherwise specifically provided, the term “Office” means the Office of the Director of National Intelligence.
SUBCHAPTER VI— ACCESS TO CLASSIFIED INFORMATION
Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum—
provide that, except as may be permitted by the President, no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States;
establish uniform minimum requirements governing the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Government who require access to classified information as part of their official responsibilities;
provide that all employees in the executive branch of Government who require access to classified information shall be required as a condition of such access to provide to the employing department or agency written consent which permits access by an authorized investigative agency to relevant financial records, other financial information, consumer reports, travel records, and computers used in the performance of Government duties, as determined by the President, in accordance with section 3162 of this title, during the period of access to classified information and for a period of three years thereafter;
provide that all employees in the executive branch of Government who require access to particularly sensitive classified information, as determined by the President, shall be required, as a condition of maintaining access to such information, to submit to the employing department or agency, during the period of such access, relevant information concerning their financial condition and foreign travel, as determined by the President, as may be necessary to ensure appropriate security; and
establish uniform minimum standards to ensure that employees in the executive branch of Government whose access to classified information is being denied or terminated under this subchapter are appropriately advised of the reasons for such denial or termination and are provided an adequate opportunity to respond to all adverse information which forms the basis for such denial or termination before final action by the department or agency concerned.
Subsection (a) shall not be deemed to limit or affect the responsibility and power of an agency head pursuant to other law or Executive order to deny or terminate access to classified information if the national security so requires. Such responsibility and power may be exercised only when the agency head determines that the procedures prescribed by subsection (a) cannot be invoked in a manner that is consistent with the national security.
Upon the exercise of such responsibility, the agency head shall submit a report to the congressional intelligence committees.
Pub. L. 106–120, title III, § 305(c), Dec. 3, 1999, 113 Stat. 1612, provided that:
“The President shall modify the procedures required by section 801(a)(3) of the National Security Act of 1947 [ 50 U.S.C. 3161(a)(3) ] to take into account the amendment to that section made by subsection (a) of this section not later than 90 days after the date of the enactment of this Act [ Dec. 3, 1999 ].”
Pub. L. 103–359, title VIII, § 802(c), Oct. 14, 1994, 108 Stat. 3438, provided that:
“The amendments made by subsections (a) and (b) [enacting this subchapter] shall take effect 180 days after the date of enactment of this Act [ Oct. 14, 1994 ].”
Pub. L. 119–60, div. F, title LXVI, § 6612, Dec. 18, 2025, 139 Stat. 1637, provided that:
“(a) Plan .— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall— “(1) develop and commence carrying out a plan, consistent with Executive Order 13526 [set out below] and with adequate protections for sources and methods, for streamlining the declassification or downgrading and sharing of intelligence information relating to biotechnological developments and threats in order to counter efforts by foreign adversaries to weaponize biotechnologies and biological weapons, including threats relating to military, industrial, agricultural, and health applications of biotechnology; and “(2) submit to the appropriate congressional committees such plan. “(b) Recipients .— The plan under subsection (a) shall include mechanisms for sharing the intelligence information described in such subsection— “(1) with allies and partners of the United States; “(2) with private sector partners of the United States; and “(3) across the Federal Government. “(c) Reports .— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 2 years, the Director shall submit to the appropriate congressional committees a report on the progress made by the intelligence community with respect to sharing intelligence information relating to biotechnological developments and threats with recipients specified in subsection (b). “(d) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means the following: “(1) The congressional intelligence committees. “(2) The Committees on Armed Services of the Senate and the House of Representatives. “(3) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6612 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
Pub. L. 119–60, div. F, title LXVIII, § 6803, Dec. 18, 2025, 139 Stat. 1654, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Director of National Intelligence shall, jointly with the head of each element of the intelligence community— “(1) perform a declassification review of intelligence relating to the origins of Coronavirus Disease 2019 (COVID–19), including— “(A) research conducted at the Wuhan Institute of Virology or any other medical or scientific research center within the People’s Republic of China; “(B) information relating to Gain of Function research and the intention of this research; “(C) information relating to sources of funding or direction for research on coronaviruses, including both sources within the People’s Republic of China and foreign sources; and “(D) the possibility of zoonotic origins of COVID–19; “(2) perform a declassification review of intelligence relating to efforts by government officials of entities of the People’s Republic of China— “(A) to disrupt or obstruct information sharing or investigations into the origins of the coronavirus disease 2019 (COVID–19) pandemic; “(B) to disrupt the sharing of medically significant information relating to the transmissibility and potential harm of SARS–CoV–2 to humans, including— “(i) efforts to limit the sharing of information with the United States Government; “(ii) efforts to limit the sharing of information with the governments of allies and partners of the United States; and “(iii) efforts to limit the sharing of information with the United Nations and World Health Organization; “(C) to obstruct or otherwise limit the sharing of information between national, provincial, and city governments within the People’s Republic of China and between subnational entities within the People’s Republic of China and external researchers; “(D) to deny the sharing of information with the United States, allies and partners of the United States, or multilateral organizations, including the United Nations and the World Health Organization; “(E) to pressure or lobby foreign governments, journalists, medical researchers, officials of the United States Government, or officials of multilateral organizations (including the United Nations and the World Health Organization) with respect to the source, scientific origins, transmissibility, or other attributes of the SARS–CoV–2 virus or the COVID–19 pandemic; “(F) to disrupt government or private-sector efforts to conduct research and development of medical interventions or countermeasures for the COVID–19 pandemic, including vaccines; and “(G) to promote alternative narratives regarding the origins of COVID–19 as well as the domestic Chinese and international response to the COVID–19 pandemic; “(3) release publicly the intelligence products described in paragraphs (1) and (2) including such redactions as the Director, with the concurrence of the head of the originating intelligence community element, determines necessary to protect sources and methods and information concerning United States persons; and “(4) submit to the congressional intelligence committees an unredacted version of the declassified intelligence products described in paragraph (3).”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6803 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
Pub. L. 118–31, div. G, title III, § 7322, Dec. 22, 2023, 137 Stat. 1038, provided that:
“Not later than 30 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of National Intelligence shall issue, and submit to the congressional intelligence committees, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate, and the Committee on the Judiciary, the Committee on Oversight and Accountability, and the Committee on Appropriations of the House of Representatives, an intelligence community-wide policy regarding prepublication review.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 7322 of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 118–2, Mar. 20, 2023, 137 Stat. 4, provided that:
“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘COVID–19 Origin Act of 2023’. “SEC. 2. SENSE OF CONGRESS. “It is the sense of Congress that— “(1) identifying the origin of Coronavirus Disease 2019 (COVID–19) is critical for preventing a similar pandemic from occurring in the future; “(2) there is reason to believe the COVID–19 pandemic may have originated at the Wuhan Institute of Virology; and “(3) the Director of National Intelligence should declassify and make available to the public as much information as possible about the origin of COVID–19 so the United States and like-minded countries can— “(A) identify the origin of COVID–19 as expeditiously as possible, and “(B) use that information to take all appropriate measures to prevent a similar pandemic from occurring again. “SEC. 3. DECLASSIFICATION OF INFORMATION RELATED TO THE ORIGIN OF COVID–19. “Not later than 90 days after the date of the enactment of this Act [ Mar. 20, 2023 ], the Director of National Intelligence shall— “(1) declassify any and all information relating to potential links between the Wuhan Institute of Virology and the origin of the Coronavirus Disease 2019 (COVID–19), including— “(A) activities performed by the Wuhan Institute of Virology with or on behalf of the People’s Liberation Army; “(B) coronavirus research or other related activities performed at the Wuhan Institute of Virology prior to the outbreak of COVID–19; and “(C) researchers at the Wuhan Institute of Virology who fell ill in autumn 2019, including for any such researcher— “(i) the researcher’s name; “(ii) the researcher’s symptoms; “(iii) the date of the onset of the researcher’s symptoms; “(iv) the researcher’s role at the Wuhan Institute of Virology; “(v) whether the researcher was involved with or exposed to coronavirus research at the Wuhan Institute of Virology; “(vi) whether the researcher visited a hospital while they were ill; and “(vii) a description of any other actions taken by the researcher that may suggest they were experiencing a serious illness at the time; and “(2) submit to Congress an unclassified report that contains— “(A) all of the information described under paragraph (1); and “(B) only such redactions as the Director determines necessary to protect sources and methods.”
Pub. L. 117–103, div. X, title III, § 310, Mar. 15, 2022, 136 Stat. 972, provided that:
“(a) Declassification Review Required .— Not later than 30 days after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of National Intelligence shall, in coordination with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, and the heads of such other elements of the intelligence community as the Director of National Intelligence considers appropriate, commence a declassification review (which the Director of National Intelligence shall complete by not later than 120 days after the date of the enactment of this Act) to determine what, if any, additional information relating to the terrorist attacks of September 11, 2001 , can be appropriately declassified and shared with the public. “(b) Information Covered .— The information reviewed under subsection (a) shall include the following: “(1) Information relating to the direction, facilitation, and other support provided to the individuals who carried out the terrorist attacks of September 11, 2001 . “(2) Information from Operation Encore and the PENTTBOM investigation of the Federal Bureau of Investigation. “(c) Report .— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the findings of the Director with respect to the declassification review conducted under subsection (a).”
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 310 of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]
Pub. L. 116–283, div. A, title XVI, § 1623, Jan. 1, 2021, 134 Stat. 4056, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Jan. 1, 2021 ], the Director of National Intelligence, in consultation with the Secretary of Defense, shall issue revised guidance authorizing and directing departments and agencies of the Federal Government and appropriately cleared contractors of such departments and agencies to process, store, use, and discuss sensitive compartmented information at facilities previously approved to handle such information, without need for further approval by the department or agency or by the site. Such guidance shall apply to controlled access programs of the intelligence community and to special access programs of the Department of Defense.”
Pub. L. 115–232, div. A, title IX, § 941, Aug. 13, 2018, 132 Stat. 1941, formerly set out as a note under this section, was transferred and is set out as a note under section 3352f of this title.
Pub. L. 115–173, §§ 2, 7, May 22, 2018, 132 Stat. 1291, 1293, provided that:
“SEC. 2. DEFINITIONS. “In this Act [see Short Title of 2018 Amendment note set out under section 3001 of this title ]— “(1) the term ‘Bureau’ means the National Background Investigations Bureau of the Office; “(2) the term ‘Director’ means the Director of National Intelligence acting as the Security Executive Agent; and “(3) the term ‘Office’ means the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent. “SEC. 7. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE. “(a) Definitions .— In this section— “(1) the term ‘agency’ has the meaning given the term in Executive Order 13467 (73 Fed. Reg. 38103) [set out below], or any successor thereto; “(2) the term ‘appropriate congressional committees’ means— “(A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and “(B) the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] and the Permanent Select Committee on Intelligence of the House of Representatives; “(3) the term ‘background investigation’ means any investigation required for the purpose of determining the— “(A) eligibility of a covered individual for logical and physical access to Federally controlled facilities or information systems; “(B) suitability or fitness of a covered individual for Federal employment; “(C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or “(D) fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; and “(4) the term ‘covered individual’— “(A) means a person who performs work for or on behalf of the executive branch or seeks to perform work for or on behalf of the executive branch; “(B) is not limited to Federal employees; “(C) includes all persons, not excluded under subparagraph (D), who require eligibility for access to classified information or eligibility to hold a sensitive position, including, but not limited to, contractors, subcontractors, licensees, certificate holders, grantees, experts, consultants, and government employees; and “(D) does not include— “(i) the President; “(ii) employees of the President under section 105 or 107 of title 3, United States Code (except to the extent otherwise directed by the President); “(iii) the Vice President; or “(iv) employees of the Vice President under section 106 of title 3 , United States Code, or an annual legislative branch appropriations Act (except to the extent otherwise directed by the Vice President). “(b) Review and Updating.— “(1) Initial review and update of guidance .— Not later than 180 days after the date of enactment of this Act [ May 22, 2018 ], the Director and the Director of the Office shall review and make recommendations to Congress and the President as appropriate to issue guidance to assist agencies in determining— “(A) position sensitivity designation; and “(B) the appropriate background investigation to initiate for each position designation. “(2) Reviews and revisions of position designations .— Not less frequently than every 4 years, the President, acting through relevant agencies (as determined by the President) and in accordance with the guidance described in paragraph (1), shall review and, if necessary, revise the position designation of positions within agencies. “(c) Reports to Congress .— Not later than 30 days after completing a review under subsection (b)(2), the President shall submit to the appropriate congressional committees a report on— “(1) any issues identified in the review; and “(2) the number of position designations revised as a result of the review. “(d) No Change in Authority .— Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information.”
Pub. L. 111–259, title VII, § 702, Oct. 7, 2010, 124 Stat. 2745, provided that:
“The Director of National Intelligence is authorized to conduct, at the request of one of the congressional intelligence committees and in accordance with procedures established by that committee, a classification review of materials in the possession of that committee that— “(1) are not less than 25 years old; and “(2) were created, or provided to that committee, by an entity in the executive branch.”
[For definition of “congressional intelligence committees” as used in section 702 of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.]
Pub. L. 111–258, § 6, Oct. 7, 2010, 124 Stat. 2651, provided that:
“(a) Incentives for Accurate Classifications .— In making cash awards under chapter 45 of title 5, United States Code, the President or the head of an Executive agency with an officer or employee who is authorized to make original classification decisions or derivative classification decisions may consider such officer’s or employee’s consistent and proper classification of information. “(b) Inspector General Evaluations.— “(1) Requirement for evaluations .— Not later than September 30, 2016 , the inspector general of each department or agency of the United States with an officer or employee who is authorized to make original classifications, in consultation with the Information Security Oversight Office, shall carry out no less than two evaluations of that department or agency or a component of the department or agency— “(A) to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within such department, agency, or component; and “(B) to identify policies, procedures, rules, regulations, or management practices that may be contributing to persistent misclassification of material within such department, agency or component. “(2) Deadlines for evaluations.— “(A) Initial evaluations .— Each first evaluation required by paragraph (1) shall be completed no later than September 30, 2013 . “(B) Second evaluations .— Each second evaluation required by paragraph (1) shall review progress made pursuant to the results of the first evaluation and shall be completed no later than September 30, 2016 . “(3) Reports.— “(A) Requirement .— Each inspector general who is required to carry out an evaluation under paragraph (1) shall submit to the appropriate entities a report on each such evaluation. “(B) Content .— Each report submitted under subparagraph (A) shall include a description of— “(i) the policies, procedures, rules, regulations, or management practices, if any, identified by the inspector general under paragraph (1)(B); and “(ii) the recommendations, if any, of the inspector general to address any such identified policies, procedures, rules, regulations, or management practices. “(C) Coordination .— The inspectors general who are required to carry out evaluations under paragraph (1) shall coordinate with each other and with the Information Security Oversight Office to ensure that evaluations follow a consistent methodology, as appropriate, that allows for cross-agency comparisons. “(4) Appropriate entities defined .— In this subsection, the term ‘appropriate entities’ means— “(A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; “(B) the Committee on Homeland Security, the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability], and the Permanent Select Committee on Intelligence of the House of Representatives; “(C) any other committee of Congress with jurisdiction over a department or agency referred to in paragraph (1); “(D) the head of a department or agency referred to in paragraph (1); and “(E) the Director of the Information Security Oversight Office.”
[For definitions of terms used in section 6 of Pub. L. 111–258, set out above, see section 3 of Pub. L. 111–258, set out as a note under section 3344 of this title.]
Pub. L. 106–567, title VII, Dec. 27, 2000, 114 Stat. 2856, as amended by Pub. L. 108–458, title I, § 1102, Dec. 17, 2004, 118 Stat. 3699; Pub. L. 110–53, title VI, § 602, Aug. 3, 2007, 121 Stat. 335; Pub. L. 111–259, title III, § 365, Oct. 7, 2010, 124 Stat. 2702; Pub. L. 112–235, § 2, Dec. 28, 2012, 126 Stat. 1626; Pub. L. 113–126, title III, § 311, July 7, 2014, 128 Stat. 1399, known as the Public Interest Declassification Act of 2000 and formerly set out as a note under this section, was transferred to subchapter III–A (§ 3355 et seq.) of chapter 45 of this title.
Pub. L. 106–65, div. A, title X, § 1041(c), (d), Oct. 5, 1999, 113 Stat. 758, provided that:
“(c) Certification Required With Respect To Automatic Declassification of Records .— No records of the Department of Defense that have not been reviewed for declassification shall be subject to automatic declassification unless the Secretary of Defense certifies to Congress that such declassification would not harm the national security. “(d) Report on Automatic Declassification of Department of Defense Records .— Not later than February 1, 2001 , the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the efforts of the Department of Defense relating to the declassification of classified records under the control of the Department of Defense. Such report shall include the following: “(1) An assessment of whether the Department will be able to review all relevant records for declassification before any date established for automatic declassification. “(2) An estimate of the cost of reviewing records to meet any requirement to review all relevant records for declassification by a date established for automatic declassification. “(3) An estimate of the number of records, if any, that the Department will be unable to review for declassification before any such date and the affect [sic] on national security of the automatic declassification of those records. “(4) An estimate of the length of time by which any such date would need to be extended to avoid the automatic declassification of records that have not yet been reviewed as of such date.”
Pub. L. 106–65, div. C, title XXXI, § 3149, Oct. 5, 1999, 113 Stat. 938, which was formerly set out as a note under this section, was renumbered section 4523 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(13)(A)–(C), Nov. 24, 2003, 117 Stat. 1775, and classified to section 2673 of this title, and was repealed and restated as section 6233 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1411, 1458.
Pub. L. 106–65, div. C, title XXXI, § 3173, Oct. 5, 1999, 113 Stat. 949, which was formerly set out as a note under this section, was renumbered section 4525 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(15)(A)–(C), Nov. 24, 2003, 117 Stat. 1775, and classified to section 2675 of this title, and was repealed and restated as section 6235 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1411, 1458.
Pub. L. 105–261, div. C, title XXXI, § 3161, Oct. 17, 1998, 112 Stat. 2259, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3193(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–480, which was formerly set out as a note under this section, was renumbered section 4522 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(12)(A)–(C), Nov. 24, 2003, 117 Stat. 1774, and classified to section 2672 of this title, and was repealed and restated as section 6232 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1409, 1458.
Pub. L. 104–93, title IV, § 402, Jan. 6, 1996, 109 Stat. 969, authorized the Director of Central Intelligence to establish and maintain a program from fiscal years 1996 through 2001 to utilize the services contributed by not more than 50 annuitants who served without compensation as volunteers in aid of the review for declassification or downgrading of classified information by the Central Intelligence Agency under applicable Executive orders governing the classification and declassification of national security information and Pub. L. 102–526 (44 U.S.C. 2107 note).
Pub. L. 103–236, title IX, Apr. 30, 1994, 108 Stat. 525, known as the “Protection and Reduction of Government Secrecy Act”, established for a two-year period a Commission on Protecting and Reducing Government Secrecy to conduct an investigation into all matters in any way related to any legislation, executive order, regulation, practice, or procedure relating to classified information or granting security clearances and to submit to the Congress a final report containing such recommendations not later than two years after the date of the first meeting of the Commission and terminated Commission 60 days after the date on which a final report is submitted (final report submitted on Mar. 3, 1997).
Pub. L. 102–190, div. A, title X, § 1082, Dec. 5, 1991, 105 Stat. 1480, as amended by Pub. L. 103–337, div. A, title X, § 1036, Oct. 5, 1994, 108 Stat. 2841; Pub. L. 104–106, div. A, title X, § 1085, Feb. 10, 1996, 110 Stat. 457, provided that:
“(a) Public Availability of Information .— (1) Except as provided in subsection (b), the Secretary of Defense shall, with respect to any information referred to in paragraph (2), place the information in a suitable library-like location within a facility within the National Capital region for public review and photocopying. “(2) Paragraph (1) applies to any record, live-sighting report, or other information in the custody of the official custodian referred to in subsection (d)(3) that may pertain to the location, treatment, or condition of (A) United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service during the Korean conflict, the Vietnam era, or the Cold War, or (B) their remains. “(b) Exceptions .— (1) The Secretary of Defense may not make a record or other information available to the public pursuant to subsection (a) if— “(A) the record or other information is exempt from the disclosure requirements of section 552 of title 5 , United States Code, by reason of subsection (b) of that section; or “(B) the record or other information is in a system of records exempt from the requirements of subsection (d) of section 552a of such title pursuant to subsection (j) or (k) of that section. “(2) The Secretary of Defense may not make a record or other information available to the public pursuant to subsection (a) if the record or other information specifically mentions a person by name unless— “(A) in the case of a person who is alive (and not incapacitated) and whose whereabouts are known, that person expressly consents in writing to the disclosure of the record or other information; or “(B) in the case of a person who is dead or incapacitated or whose whereabouts are unknown, a family member or family members of that person determined by the Secretary of Defense to be appropriate for such purpose expressly consent in writing to the disclosure of the record or other information. “(3) (A) The limitation on disclosure in paragraph (2) does not apply in the case of a person who is dead or incapacitated or whose whereabouts are unknown if the family member or members of that person determined pursuant to subparagraph (B) of that paragraph cannot be located by the Secretary of Defense— “(i) in the case of a person missing from the Vietnam era, after a reasonable effort; and “(ii) in the case of a person missing from the Korean Conflict or Cold War, after a period of 90 days from the date on which any record or other information referred to in paragraph (2) is received by the Department of Defense for disclosure review from the Archivist of the United States, the Library of Congress, or the Joint United States-Russian Commission on POW/MIAs. “(B) Paragraph (2) does not apply to the access of an adult member of the family of a person to any record or information to the extent that the record or other information relates to that person. “(C) The authority of a person to consent to disclosure of a record or other information for the purposes of paragraph (2) may be delegated to another person or an organization only by means of an express legal power of attorney granted by the person authorized by that paragraph to consent to the disclosure. “(c) Deadlines .— (1) In the case of records or other information originated by the Department of Defense, the official custodian shall make such records and other information available to the public pursuant to this section not later than January 2, 1996 . Such records or other information shall be made available as soon as a review carried out for the purposes of subsection (b) is completed. “(2) Whenever a department or agency of the Federal Government receives any record or other information referred to in subsection (a) that is required by this section to be made available to the public, the head of that department or agency shall ensure that such record or other information is provided to the Secretary of Defense, and the Secretary shall make such record or other information available in accordance with subsection (a) as soon as possible and, in any event, not later than one year after the date on which the record or information is received by the department or agency of the Federal Government. “(3) If the Secretary of Defense determines that the disclosure of any record or other information referred to in subsection (a) by the date required by paragraph (1) or (2) may compromise the safety of any United States personnel referred to in subsection (a)(2) who remain not accounted for but who may still be alive in captivity, then the Secretary may withhold that record or other information from the disclosure otherwise required by this section. Whenever the Secretary makes a determination under the preceding sentence, the Secretary shall immediately notify the President and the Congress of that determination. “(d) Definitions .— For purposes of this section: “(1) The terms ‘Korean conflict’ and ‘Vietnam era’ have the meanings given those terms in section 101 of title 38 , United States Code. “(2) The term ‘Cold War’ means the period from the end of World War II to the beginning of the Korean conflict and the period from the end of the Korean conflict to the beginning of the Vietnam era. “(3) The term ‘official custodian’ means— “(A) in the case of records, reports, and information relating to the Korean conflict or the Cold War, the Archivist of the United States; and “(B) in the case of records, reports, and information relating to the Vietnam era, the Secretary of Defense.”
Pub. L. 100–453, title IV, § 404, Sept. 29, 1988, 102 Stat. 1908, provided that:
“(a) This section is enacted to ensure that current disclosure policy is incorporated into law. “(b) Except as provided in subsection (c), the head of each department or agency— “(1) with respect to which funds are authorized under this Act [see Tables for classification], and “(2) which holds or receives live sighting reports of any United States citizen reported missing in action, prisoner of war, or unaccounted for from the Vietnam Conflict, shall make available to the next-of-kin of that United States citizen all reports, or portions thereof, held by that department or agency which have been correlated or possibly correlated to that citizen. “(c) Subsection (b) does not apply with respect to— “(1) information that would reveal or compromise sources and methods of intelligence collection; or “(2) specific information that previously has been made available to the next-of-kin. “(d) The head of each department or agency covered by subsection (a) shall make information available under this section in a timely manner.”
Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended, set out above, when referring to functions of the Atomic Energy Commission is modified to provide that all such functions shall be exercised by the Secretary of Energy and the Nuclear Regulatory Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out under section 7151 of Title 42, The Public Health and Welfare.
Section 101. Establishment. (a) There is established a National Industrial Security Program. The purpose of this program is to safeguard classified information that may be released or has been released to current, prospective, or former contractors, licensees, or grantees of United States agencies. For the purposes of this order, the terms “contractor, licensee, or grantee” means current, prospective, or former contractors, licensees, or grantees of United States agencies. The National Industrial Security Program shall be applicable to all executive branch departments and agencies.
(b) The National Industrial Security Program shall provide for the protection of information classified pursuant to Executive Order 13526 of December 29, 2009 [set out below], or any predecessor or successor order, and the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).
(c) For the purposes of this order, the term “contractor” does not include individuals engaged under personal services contracts.
Sec. 102. Policy Direction. (a) The National Security Council shall provide overall policy direction for the National Industrial Security Program.
(b) In consultation with the National Security Advisor, the Director of the Information Security Oversight Office, in accordance with Executive Order 13526 of December 29, 2009, shall be responsible for implementing and monitoring the National Industrial Security Program and shall:
(1) develop, in consultation with the agencies, and promulgate subject to the approval of the National Security Council, directives for the implementation of this order, which shall be binding on the agencies;
(2) oversee agency, contractor, licensee, and grantee actions to ensure compliance with this order and implementing directives;
(3) review all agency implementing regulations, internal rules, or guidelines. The Director shall require any regulation, rule, or guideline to be changed if it is not consistent with this order or implementing directives. Any such decision by the Director may be appealed to the National Security Council. The agency regulation, rule, or guideline shall remain in effect pending a prompt decision on the appeal;
(4) have the authority, pursuant to terms of applicable contracts, licenses, grants, or regulations, to conduct on-site reviews of the implementation of the National Industrial Security Program by each agency, contractor, licensee, and grantee that has access to or stores classified information and to require of each agency, contractor, licensee, and grantee those reports, information, and other cooperation that may be necessary to fulfill the Director’s responsibilities. If these reports, inspections, or access to specific classified information, or other forms of cooperation, would pose an exceptional national security risk, the affected agency head or the senior official designated under section 203(a) of this order may request the National Security Council to deny access to the Director. The Director shall not have access pending a prompt decision by the National Security Council;
(5) report any violations of this order or its implementing directives to the head of the agency or to the senior official designated under section 203(a) of this order so that corrective action, if appropriate, may be taken. Any such report pertaining to the implementation of the National Industrial Security Program by a contractor, licensee, or grantee shall be directed to the agency that is exercising operational oversight over the contractor, licensee, or grantee under section 202 of this order;
(6) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the National Industrial Security Program;
(7) consider, in consultation with the advisory committee established by this order, affected agencies, contractors, licensees, and grantees, and recommend to the President through the National Security Council changes to this order; and
(8) report at least annually to the President through the National Security Council on the implementation of the National Industrial Security Program.
(c) Nothing in this order shall be construed to supersede the authority of the Secretary of Energy or the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), or the authority of the Director of National Intelligence (or any Intelligence Community element) under the Intelligence Reform and Terrorism Prevention Act of 2004 [Pub. L. 108–458, see Tables for classification], the National Security Act of 1947, as amended [50 U.S.C. 3001 et seq.], or Executive Order 12333 of December 8, 1981 [50 U.S.C. 3001 note], as amended, or the authority of the Secretary of Homeland Security, as the Executive Agent for the Classified National Security Information Program established under Executive Order 13549 of August 18, 2010 (Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities) [set out below].
Sec. 103. National Industrial Security Program Policy Advisory Committee. (a) Establishment. There is established the National Industrial Security Program Policy Advisory Committee (“Committee”). The Director of the Information Security Oversight Office shall serve as Chairman of the Committee and appoint the members of the Committee. The members of the Committee shall be the representatives of those departments and agencies most affected by the National Industrial Security Program and nongovernment representatives of contractors, licensees, or grantees involved with classified contracts, licenses, or grants, as determined by the Chairman.
(b) Functions. (1) The Committee members shall advise the Chairman of the Committee on all matters concerning the policies of the National Industrial Security Program, including recommended changes to those policies as reflected in this order, its implementing directives, or the operating manual established under this order, and serve as a forum to discuss policy issues in dispute.
(2) The Committee shall meet at the request of the Chairman, but at least twice during the calendar year.
(c) Administration. (1) Members of the Committee shall serve without compensation for their work on the Committee. However, nongovernment members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707).
(2) To the extent permitted by law and subject to the availability of funds, the National Archives and Records Administration shall provide the Committee with administrative services, facilities, staff, and other support services necessary for the performance of its functions.
(d) General. Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended [see 5 U.S.C. 1001 et seq.], except that of reporting to the Congress, which are applicable to the Committee, shall be performed by the the [sic] Archivist of the United States in accordance with the guidelines and procedures established by the General Services Administration.
Sec. 201. National Industrial Security Program Operating Manual. (a) The Secretary of Defense, in consultation with all affected agencies and with the concurrence of the Secretary of Energy, the Nuclear Regulatory Commission, the Director of National Intelligence, and the Secretary of Homeland Security, shall issue and maintain a National Industrial Security Program Operating Manual (Manual). The Secretary of Energy and the Nuclear Regulatory Commission shall prescribe and issue that portion of the Manual that pertains to information classified under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.). The Director of National Intelligence shall prescribe and issue that portion of the Manual that pertains to intelligence sources and methods, including Sensitive Compartmented Information. The Secretary of Homeland Security shall prescribe and issue that portion of the Manual that pertains to classified information shared under a designated critical infrastructure protection program.
(b) The Manual shall prescribe specific requirements, restrictions, and other safeguards that are necessary to preclude unauthorized disclosure and control authorized disclosure of classified information to contractors, licensees, or grantees. The Manual shall apply to the release of classified information during all phases of the contracting process including bidding, negotiation, award, performance, and termination of contracts, the licensing process, or the grant process, with or under the control of departments or agencies.
(c) The Manual shall also prescribe requirements, restrictions, and other safeguards that are necessary to protect special classes of classified information, including Restricted Data, Formerly Restricted Data, intelligence sources and methods information, Sensitive Compartmented Information, and Special Access Program information.
(d) The Manual shall also prescribe arrangements necessary to permit and enable secure sharing of classified information under a designated critical infrastructure protection program to such authorized individuals and organizations as determined by the Secretary of Homeland Security.
(e) In establishing particular requirements, restrictions, and other safeguards within the Manual, the Secretary of Defense, the Secretary of Energy, the Nuclear Regulatory Commission, the Director of National Intelligence, and the Secretary of Homeland Security shall take into account these factors: (i) the damage to the national security that reasonably could be expected to result from an unauthorized disclosure; (ii) the existing or anticipated threat to the disclosure of information; and (iii) the short- and long-term costs of the requirements, restrictions, and other safeguards.
(f) To the extent that is practicable and reasonable, the requirements, restrictions, and safeguards that the Manual establishes for the protection of classified information by contractors, licensees, and grantees shall be consistent with the requirements, restrictions, and safeguards that directives implementing Executive Order 13526 of December 29, 2009 [set out below], or any successor order, or the Atomic Energy Act of 1954, as amended, establish for the protection of classified information by agencies. Upon request by the Chairman of the Committee, the Secretary of Defense shall provide an explanation and justification for any requirement, restriction, or safeguard that results in a standard for the protection of classified information by contractors, licensees, and grantees that differs from the standard that applies to agencies.
Sec. 202. Operational Oversight. (a) The Secretary of Defense shall serve as Executive Agent for inspecting and monitoring the contractors, licensees, and grantees who require or will require access to, or who store or will store classified information; and for determining the eligibility for access to classified information of contractors, licensees, and grantees and their respective employees. The heads of agencies shall enter into agreements with the Secretary of Defense that establish the terms of the Secretary’s responsibilities on behalf of these agency heads.
(b) The Director of National Intelligence retains authority over access to intelligence sources and methods, including Sensitive Compartmented Information. The Director of National Intelligence may inspect and monitor contractor, licensee, and grantee programs and facilities that involve access to such information or may enter into written agreements with the Secretary of Defense, as Executive Agent, or with the Director of the Central Intelligence Agency to inspect and monitor these programs or facilities, in whole or in part, on the Director’s behalf.
(c) The Secretary of Energy and the Nuclear Regulatory Commission retain authority over access to information under their respective programs classified under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]. The Secretary or the Commission may inspect and monitor contractor, licensee, and grantee programs and facilities that involve access to such information or may enter into written agreements with the Secretary of Defense, as Executive Agent, to inspect and monitor these programs or facilities, in whole or in part, on behalf of the Secretary or the Commission, respectively.
(d) The Secretary of Homeland Security may determine the eligibility for access to Classified National Security Information of contractors, licensees, and grantees and their respective employees under a designated critical infrastructure protection program, including parties to agreements with such program; the Secretary of Homeland Security may inspect and monitor contractor, licensee, and grantee programs and facilities or may enter into written agreements with the Secretary of Defense, as Executive Agent, or with the Director of the Central Intelligence Agency, to inspect and monitor these programs or facilities in whole or in part, on behalf of the Secretary of Homeland Security.
(e) The Executive Agent shall have the authority to issue, after consultation with affected agencies, standard forms or other standardization that will promote the implementation of the National Industrial Security Program.
Sec. 203. Implementation. (a) The head of each agency that enters into classified contracts, licenses, or grants shall designate a senior agency official to direct and administer the agency’s implementation and compliance with the National Industrial Security Program.
(b) Agency implementing regulations, internal rules, or guidelines shall be consistent with this order, its implementing directives, and the Manual. Agencies shall issue these regulations, rules, or guidelines no later than 180 days from the issuance of the Manual. They may incorporate all or portions of the Manual by reference.
(c) Each agency head or the senior official designated under paragraph (a) above shall take appropriate and prompt corrective action whenever a violation of this order, its implementing directives, or the Manual occurs.
(d) The senior agency official designated under paragraph (a) above shall account each year for the costs within the agency associated with the implementation of the National Industrial Security Program. These costs shall be reported to the Director of the Information Security Oversight Office, who shall include them in the reports to the President prescribed by this order.
(e) The Secretary of Defense, with the concurrence of the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, and such other agency heads or officials who may be responsible, shall amend the Federal Acquisition Regulation to be consistent with the implementation of the National Industrial Security Program.
(f) All contracts, licenses, or grants that involve access to classified information and that are advertised or proposed following the issuance of agency regulations, rules, or guidelines described in paragraph (b) above shall comply with the National Industrial Security Program. To the extent that is feasible, economical, and permitted by law, agencies shall amend, modify, or convert preexisting contracts, licenses, or grants, or previously advertised or proposed contracts, licenses, or grants, that involve access to classified information for operation under the National Industrial Security Program. Any direct inspection or monitoring of contractors, licensees, or grantees specified by this order shall be carried out pursuant to the terms of a contract, license, grant, or regulation.
(g) [Amended Ex. Ord. No. 10865, set out above.]
(h) All delegations, rules, regulations, orders, directives, agreements, contracts, licenses, and grants issued under preexisting authorities, including section 1(a) and (b) of Executive Order No. 10865 of February 20, 1960, as amended, by Executive Order No. 10909 of January 17, 1961, and Executive Order No. 11382 of November 27, 1967, shall remain in full force and effect until amended, modified, or terminated pursuant to authority of this order.
(i) This order shall be effective immediately.
Term of National Industrial Security Program Policy Advisory Committee extended until Sept. 30, 2027, by Ex. Ord. No. 14354, Sept. 29, 2025, 90 F.R. 48145, set out as a note under section 1013 of Title 5, Government Organization and Employees.
Previous extensions of term of National Industrial Security Program Policy Advisory Committee were contained in the following prior Executive Orders:
Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, extended term until Sept. 30, 2025.
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013.
Section 1.1. Definitions. For the purposes of this order: (a) “Agency” means any “Executive agency,” as defined in 5 U.S.C. 105, the “military departments,” as defined in 5 U.S.C. 102, and any other entity within the executive branch that comes into the possession of classified information, including the Defense Intelligence Agency, National Security Agency, and the National Reconnaissance Office.
(b) “Applicant” means a person other than an employee who has received an authorized conditional offer of employment for a position that requires access to classified information.
(c) “Authorized investigative agency” means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigation of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.
(d) “Classified information” means information that has been determined pursuant to Executive Order No. 12958 [formerly set out above], or any successor order, Executive Order No. 12951 [set out above], or any successor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 [et seq.]), to require protection against unauthorized disclosure.
(e) “Employee” means a person, other than the President and Vice President, employed by, detailed or assigned to, an agency, including members of the Armed Forces; an expert or consultant to an agency; an industrial or commercial contractor, licensee, certificate holder, or grantee of an agency, including all subcontractors; a personal services contractor; or any other category of person who acts for or on behalf of an agency as determined by the appropriate agency head.
(f) “Foreign power” and “agent of a foreign power” have the meaning provided in 50 U.S.C. 1801.
(g) “Need for access” means a determination that an employee requires access to a particular level of classified information in order to perform or assist in a lawful and authorized governmental function.
(h) “Need-to-know” means a determination made by an authorized holder of classified information that a prospective recipient requires access to specific classified information in order to perform or assist in a lawful and authorized governmental function.
(i) “Overseas Security Executive Agent” means the Board established by the President to consider, develop, coordinate and promote policies, standards and agreements on overseas security operations, programs and projects that affect all United States Government agencies under the authority of a Chief of Mission.
(j) “Security Executive Agent” means the Security Executive Agent established by the President to consider, coordinate, and recommend policy directives for U.S. security policies, procedures, and practices.
(k) “Special access program” has the meaning provided in section 4.1 of Executive Order No. 12958 [formerly set out above], or any successor order.
Sec. 1.2. Access to Classified Information. (a) No employee shall be granted access to classified information unless that employee has been determined to be eligible in accordance with this order and to possess a need-to-know.
(b) Agency heads shall be responsible for establishing and maintaining an effective program to ensure that access to classified information by each employee is clearly consistent with the interests of the national security.
(c) Employees shall not be granted access to classified information unless they:
(1) have been determined to be eligible for access under section 3.1 of this order by agency heads or designated officials based upon a favorable adjudication of an appropriate investigation of the employee’s background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
(d) All employees shall be subject to investigation by an appropriate government authority prior to being granted access to classified information and at any time during the period of access to ascertain whether they continue to meet the requirements for access.
(e)(1) All employees granted access to classified information shall be required as a condition of such access to provide to the employing agency written consent permitting access by an authorized investigative agency, for such time as access to classified information is maintained and for a period of 3 years thereafter, to:
(A) relevant financial records that are maintained by a financial institution as defined in 31 U.S.C. 5312(a) or by a holding company as defined in section 1101(6) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401[(6)]);
(B) consumer reports pertaining to the employee under the Fair Credit Reporting Act (15 U.S.C. 1681a [1681 et seq.]); and
(C) records maintained by commercial entities within the United States pertaining to any travel by the employee outside the United States.
(2) Information may be requested pursuant to employee consent under this section where:
(A) there are reasonable grounds to believe, based on credible information, that the employee or former employee is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power;
(B) information the employing agency deems credible indicates the employee or former employee has incurred excessive indebtedness or has acquired a level of affluence that cannot be explained by other information; or
(C) circumstances indicate the employee or former employee had the capability and opportunity to disclose classified information that is known to have been lost or compromised to a foreign power or an agent of a foreign power.
(3) Nothing in this section shall be construed to affect the authority of an investigating agency to obtain information pursuant to the Right to Financial Privacy Act [of 1978, 12 U.S.C. 3401 et seq.], the Fair Credit Reporting Act [15 U.S.C. 1681 et seq.] or any other applicable law.
Sec. 1.3. Financial Disclosure. (a) Not later than 180 days after the effective date of this order, the head of each agency that originates, handles, transmits, or possesses classified information shall designate each employee, by position or category where possible, who has a regular need for access to classified information that, in the discretion of the agency head, would reveal:
(1) the identity of covert agents as defined in the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 [sic] [et seq.]) [now 50 U.S.C. 3121 et seq.];
(2) technical or specialized national intelligence collection and processing systems that, if disclosed in an unauthorized manner, would substantially negate or impair the effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or use of any code, cipher, or cryptographic system or;
(B) the design, construction, functioning, maintenance, or repair of any cryptographic equipment; but not including information concerning the use of cryptographic equipment and services;
(4) particularly sensitive special access programs, the disclosure of which would substantially negate or impair the effectiveness of the information or activity involved; or
(5) especially sensitive nuclear weapons design information (but only for those positions that have been certified as being of a high degree of importance or sensitivity, as described in section 145(f) of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2165(f)]).
(b) An employee may not be granted access, or hold a position designated as requiring access, to information described in subsection (a) unless, as a condition of access to such information, the employee:
(1) files with the head of the agency a financial disclosure report, including information with respect to the spouse and dependent children of the employee, as part of all background investigations or reinvestigations;
(2) is subject to annual financial disclosure requirements, if selected by the agency head; and
(3) files relevant information concerning foreign travel, as determined by the Security Executive Agent.
(c) Not later than 180 days after the effective date of this order, the Security Executive Agent shall develop procedures for the implementation of this section, including a standard financial disclosure form for use by employees under subsection (b) of this section, and agency heads shall identify certain employees, by position or category, who are subject to annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data Bases. As part of all investigations and reinvestigations described in section 1.2(d) of this order, agencies may request the Department of the Treasury, under terms and conditions prescribed by the Secretary of the Treasury, to search automated data bases consisting of reports of currency transactions by financial institutions, international transportation of currency or monetary instruments, foreign bank and financial accounts, transactions under $10,000 that are reported as possible money laundering violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance. The head of each agency that grants access to classified information shall establish a program for employees with access to classified information to: (a) educate employees about individual responsibilities under this order; and
(b) inform employees about guidance and assistance available concerning issues that may affect their eligibility for access to classified information, including sources of assistance for employees who have questions or concerns about financial matters, mental health, or substance abuse.
Sec. 2.1. Eligibility Determinations. (a) Determinations of eligibility for access to classified information shall be based on criteria established under this order. Such determinations are separate from suitability determinations with respect to the hiring or retention of persons for employment by the government or any other personnel actions.
(b) The number of employees that each agency determines are eligible for access to classified information shall be kept to the minimum required for the conduct of agency functions.
(1) Eligibility for access to classified information shall not be requested or granted solely to permit entry to, or ease of movement within, controlled areas when the employee has no need for access and access to classified information may reasonably be prevented. Where circumstances indicate employees may be inadvertently exposed to classified information in the course of their duties, agencies are authorized to grant or deny, in their discretion, facility access approvals to such employees based on an appropriate level of investigation as determined by each agency.
(2) Except in agencies where eligibility for access is a mandatory condition of employment, eligibility for access to classified information shall only be requested or granted based on a demonstrated, foreseeable need for access. Requesting or approving eligibility in excess of actual requirements is prohibited.
(3) Eligibility for access to classified information may be granted where there is a temporary need for access, such as one-time participation in a classified project, provided the investigative standards established under this order have been satisfied. In such cases, a fixed date or event for expiration shall be identified and access to classified information shall be limited to information related to the particular project or assignment.
(4) Access to classified information shall be terminated when an employee no longer has a need for access.
Sec. 2.2. Level of Access Approval. (a) The level at which an access approval is granted for an employee shall be limited, and relate directly, to the level of classified information for which there is a need for access. Eligibility for access to a higher level of classified information includes eligibility for access to information classified at a lower level.
(b) Access to classified information relating to a special access program shall be granted in accordance with procedures established by the head of the agency that created the program or, for programs pertaining to intelligence activities (including special activities but not including military operational, strategic, and tactical programs) or intelligence sources and methods, by the Director of Central Intelligence. To the extent possible and consistent with the national security interests of the United States, such procedures shall be consistent with the standards and procedures established by and under this order.
Sec. 2.3. Temporary Access to Higher Levels. (a) An employee who has been determined to be eligible for access to classified information based on favorable adjudication of a completed investigation may be granted temporary access to a higher level where security personnel authorized by the agency head to make access eligibility determinations find that such access:
(1) is necessary to meet operational or contractual exigencies not expected to be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable information that is made the subject of a written access record.
(b) Where the access granted under subsection (a) of this section involves another agency’s classified information, that agency must concur before access to its information is granted.
Sec. 2.4. Reciprocal Acceptance of Access Eligibility Determinations. (a) Except when an agency has substantial information indicating that an employee may not satisfy the standards in section 3.1 of this order, background investigations and eligibility determinations conducted under this order shall be mutually and reciprocally accepted by all agencies.
(b) Except where there is substantial information indicating that the employee may not satisfy the standards in section 3.1 of this order, an employee with existing access to a special access program shall not be denied eligibility for access to another special access program at the same sensitivity level as determined personally by the agency head or deputy agency head, or have an existing access eligibility readjudicated, so long as the employee has a need for access to the information involved.
(c) This section shall not preclude agency heads from establishing additional, but not duplicative, investigative or adjudicative procedures for a special access program or for candidates for detail or assignment to their agencies, where such procedures are required in exceptional circumstances to protect the national security.
(d) Where temporary eligibility for access is granted under sections 2.3 or 3.3 of this order or where the determination of eligibility for access is conditional, the fact of such temporary or conditional access shall be conveyed to any other agency that considers affording the employee access to its information.
Sec. 2.5. Specific Access Requirement. (a) Employees who have been determined to be eligible for access to classified information shall be given access to classified information only where there is a need-to-know that information.
(b) It is the responsibility of employees who are authorized holders of classified information to verify that a prospective recipient’s eligibility for access has been granted by an authorized agency official and to ensure that a need-to-know exists prior to allowing such access, and to challenge requests for access that do not appear well-founded.
Sec. 2.6. Access by Non-United States Citizens. (a) Where there are compelling reasons in furtherance of an agency mission, immigrant alien and foreign national employees who possess a special expertise may, in the discretion of the agency, be granted limited access to classified information only for specific programs, projects, contracts, licenses, certificates, or grants for which there is a need for access. Such individuals shall not be eligible for access to any greater level of classified information than the United States Government has determined may be releasable to the country of which the subject is currently a citizen, and such limited access may be approved only if the prior 10 years of the subject’s life can be appropriately investigated. If there are any doubts concerning granting access, additional lawful investigative procedures shall be fully pursued.
(b) Exceptions to these requirements may be permitted only by the agency head or the senior agency official designated under section 6.1 of this order to further substantial national security interests.
Sec. 3.1. Standards. (a) No employee shall be deemed to be eligible for access to classified information merely by reason of Federal service or contracting, licensee, certificate holder, or grantee status, or as a matter of right or privilege, or as a result of any particular title, rank, position, or affiliation.
(b) Except as provided in sections 2.6 and 3.3 of this order, eligibility for access to classified information shall be granted only to employees who are United States citizens for whom an appropriate investigation has been completed and whose personal and professional history affirmatively indicates loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgment, as well as freedom from conflicting allegiances and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and protection of classified information. A determination of eligibility for access to such information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel or appropriate automated procedures. Eligibility shall be granted only where facts and circumstances indicate access to classified information is clearly consistent with the national security interests of the United States, and any doubt shall be resolved in favor of the national security.
(c) The United States Government does not discriminate on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information.
(d) In determining eligibility for access under this order, agencies may investigate and consider any matter that relates to the determination of whether access is clearly consistent with the interests of national security. No inference concerning the standards in this section may be raised solely on the basis of the sexual orientation of the employee.
(e) No negative inference concerning the standards in this section may be raised solely on the basis of mental health counseling. Such counseling can be a positive factor in eligibility determinations. However, mental health counseling, where relevant to the adjudication of access to classified information, may justify further inquiry to determine whether the standards of subsection (b) of this section are satisfied, and mental health may be considered where it directly relates to those standards.
(f) Not later than 180 days after the effective date of this order, the Security Executive Agent shall develop a common set of adjudicative guidelines for determining eligibility for access to classified information, including access to special access programs.
Sec. 3.2. Basis for Eligibility Approval. (a) Eligibility determinations for access to classified information shall be based on information concerning the applicant or employee that is acquired through the investigation conducted pursuant to this order or otherwise available to security officials and shall be made part of the applicant’s or employee’s security record. Applicants or employees shall be required to provide relevant information pertaining to their background and character for use in investigating and adjudicating their eligibility for access.
(b) Not later than 180 days after the effective date of this order, the Security Executive Agent shall develop a common set of investigative standards for background investigations for access to classified information. These standards may vary for the various levels of access.
(c) Nothing in this order shall prohibit an agency from utilizing any lawful investigative procedure in addition to the investigative requirements set forth in this order and its implementing regulations to resolve issues that may arise during the course of a background investigation or reinvestigation.
Sec. 3.3. Special Circumstances. (a) In exceptional circumstances where official functions must be performed prior to the completion of the investigative and adjudication process, temporary eligibility for access to classified information may be granted to an employee while the initial investigation is underway. When such eligibility is granted, the initial investigation shall be expedited.
(1) Temporary eligibility for access under this section shall include a justification, and the employee must be notified in writing that further access is expressly conditioned on the favorable completion of the investigation and issuance of an access eligibility approval. Access will be immediately terminated, along with any assignment requiring an access eligibility approval, if such approval is not granted.
(2) Temporary eligibility for access may be granted only by security personnel authorized by the agency head to make access eligibility determinations and shall be based on minimum investigative standards developed by the Security Executive Agent not later than 180 days after the effective date of this order.
(3) Temporary eligibility for access may be granted only to particular, identified categories of classified information necessary to perform the lawful and authorized functions that are the basis for the granting of temporary access.
(b) Nothing in subsection (a) shall be construed as altering the authority of an agency head to waive requirements for granting access to classified information pursuant to statutory authority.
(c) Where access has been terminated under section 2.1(b)(4) of this order and a new need for access arises, access eligibility up to the same level shall be reapproved without further investigation as to employees who were determined to be eligible based on a favorable adjudication of an investigation completed within the prior 5 years, provided they have remained employed by the same employer during the period in question, the employee certifies in writing that there has been no change in the relevant information provided by the employee for the last background investigation, and there is no information that would tend to indicate the employee may no longer satisfy the standards established by this order for access to classified information.
(d) Access eligibility shall be reapproved for individuals who were determined to be eligible based on a favorable adjudication of an investigation completed within the prior 5 years and who have been retired or otherwise separated from United States Government employment for not more than 2 years; provided there is no indication the individual may no longer satisfy the standards of this order, the individual certifies in writing that there has been no change in the relevant information provided by the individual for the last background investigation, and an appropriate record check reveals no unfavorable information.
Sec. 3.4. Reinvestigation Requirements. (a) Because circumstances and characteristics may change dramatically over time and thereby alter the eligibility of employees for continued access to classified information, reinvestigations shall be conducted with the same priority and care as initial investigations.
(b) Employees who are eligible for access to classified information shall be the subject of periodic reinvestigations and may also be reinvestigated if, at any time, there is reason to believe that they may no longer meet the standards for access established in this order.
(c) Not later than 180 days after the effective date of this order, the Security Executive Agent shall develop a common set of reinvestigative standards, including the frequency of reinvestigations.
Sec. 3.5. Continuous Evaluation. An individual who has been determined to be eligible for or who currently has access to classified information shall be subject to continuous evaluation as further defined by and under standards (including, but not limited to, the frequency of such evaluation) as determined by the Director of National Intelligence.
Sec. 4. Authority. Agencies that conduct background investigations, including the Federal Bureau of Investigation and the Department of State, are authorized to conduct personnel security investigations in the United States when requested by a foreign government as part of its own personnel security program and with the consent of the individual.
Sec. 5.1. Determinations of Need for Access. A determination under section 2.1(b)(4) of this order that an employee does not have, or no longer has, a need for access is a discretionary determination and shall be conclusive.
Sec. 5.2. Review Proceedings for Denials or Revocations of Eligibility for Access. (a) Applicants and employees who are determined to not meet the standards for access to classified information established in section 3.1 of this order shall be:
(1) provided as comprehensive and detailed a written explanation of the basis for that conclusion as the national security interests of the United States and other applicable law permit;
(2) provided within 30 days, upon request and to the extent the documents would be provided if requested under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act (5 U.S.C. 552a), as applicable, any documents, records, and reports upon which a denial or revocation is based;
(3) informed of their right to be represented by counsel or other representative at their own expense; to request any documents, records, and reports as described in section 5.2(a)(2) upon which a denial or revocation is based; and to request the entire investigative file, as permitted by the national security and other applicable law, which, if requested, shall be promptly provided prior to the time set for a written reply;
(4) provided a reasonable opportunity to reply in writing to, and to request a review of, the determination;
(5) provided written notice of and reasons for the results of the review, the identity of the deciding authority, and written notice of the right to appeal;
(6) provided an opportunity to appeal in writing to a high level panel, appointed by the agency head, which shall be comprised of at least three members, two of whom shall be selected from outside the security field. Decisions of the panel shall be in writing, and final except as provided in subsection (b) of this section; and
(7) provided an opportunity to appear personally and to present relevant documents, materials, and information at some point in the process before an adjudicative or other authority, other than the investigating entity, as determined by the agency head. A written summary or recording of such appearance shall be made part of the applicant’s or employee’s security record, unless such appearance occurs in the presence of the appeals panel described in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an agency head from personally exercising the appeal authority in subsection (a)(6) of this section based upon recommendations from an appeals panel. In such case, the decision of the agency head shall be final.
(c) Agency heads shall promulgate regulations to implement this section and, at their sole discretion and as resources and national security considerations permit, may provide additional review proceedings beyond those required by subsection (a) of this section. This section does not require additional proceedings, however, and creates no procedural or substantive rights.
(d) When the head of an agency or principal deputy personally certifies that a procedure set forth in this section cannot be made available in a particular case without damaging the national security interests of the United States by revealing classified information, the particular procedure shall not be made available. This certification shall be conclusive.
(e) This section shall not be deemed to limit or affect the responsibility and power of an agency head pursuant to any law or other Executive order to deny or terminate access to classified information in the interests of national security. The power and responsibility to deny or terminate access to classified information pursuant to any law or other Executive order may be exercised only where the agency head determines that the procedures prescribed in subsection (a) of this section cannot be invoked in a manner that is consistent with national security. This determination shall be conclusive.
(f)(1) This section shall not be deemed to limit or affect the responsibility and power of an agency head to make determinations of suitability for employment.
(2) Nothing in this section shall require that an agency provide the procedures prescribed in subsection (a) of this section to an applicant where a conditional offer of employment is withdrawn for reasons of suitability or any other reason other than denial of eligibility for access to classified information.
(3) A suitability determination shall not be used for the purpose of denying an applicant or employee the review proceedings of this section where there has been a denial or revocation of eligibility for access to classified information.
Sec. 6.1. Agency Implementing Responsibilities. Heads of agencies that grant employees access to classified information shall: (a) designate a senior agency official to direct and administer the agency’s personnel security program established by this order. All such programs shall include active oversight and continuing security education and awareness programs to ensure effective implementation of this order;
(b) cooperate, under the guidance of the Security Executive Agent, with other agencies to achieve practical, consistent, and effective adjudicative training and guidelines; and
(c) conduct periodic evaluations of the agency’s implementation and administration of this order, including the implementation of section 1.3(a) of this order. Copies of each report shall be provided to the Security Executive Agent.
Sec. 6.2. Employee Responsibilities. (a) Employees who are granted eligibility for access to classified information shall:
(1) protect classified information in their custody from unauthorized disclosure;
(2) report all contacts with persons, including foreign nationals, who seek in any way to obtain unauthorized access to classified information;
(3) report all violations of security regulations to the appropriate security officials; and
(4) comply with all other security requirements set forth in this order and its implementing regulations.
(b) Employees are encouraged and expected to report any information that raises doubts as to whether another employee’s continued eligibility for access to classified information is clearly consistent with the national security.
Sec. 6.3. Security Executive Agent Responsibilities and Implementation. (a) With respect to actions taken by the Security Executive Agent pursuant to sections 1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Director of National Intelligence shall serve as the final authority for implementation.
(b) Any guidelines, standards, or procedures developed by the Security Executive Agent pursuant to this order shall be consistent with those guidelines issued by the Federal Bureau of Investigation in March 1994 on Background Investigations Policy/Guidelines Regarding Sexual Orientation.
(c) In carrying out its responsibilities under this order, the Security Executive Agent shall consult where appropriate with the Overseas Security Executive Agent. In carrying out its responsibilities under section 1.3(c) of this order, the Security Executive Agent shall obtain the concurrence of the Director of the Office of Management and Budget.
Sec. 6.4. Sanctions. Employees shall be subject to appropriate sanctions if they knowingly and willfully grant eligibility for, or allow access to, classified information in violation of this order or its implementing regulations. Sanctions may include reprimand, suspension without pay, removal, and other actions in accordance with applicable law and agency regulations.
Sec. 7.1. Classified Information Procedures Act. Nothing in this order is intended to alter the procedures established under the Classified Information Procedures Act (18 U.S.C. App.).
Sec. 7.2. General. (a) Information obtained by an agency under sections 1.2(e) or 1.3 of this order may not be disseminated outside the agency, except to:
(1) the agency employing the employee who is the subject of the records or information;
(2) the Department of Justice for law enforcement or counterintelligence purposes; or
(3) any agency if such information is clearly relevant to the authorized responsibilities of such agency.
(b) The Attorney General, at the request of the head of an agency, shall render an interpretation of this order with respect to any question arising in the course of its administration.
(c) No prior Executive orders are repealed by this order. To the extent that this order is inconsistent with any provision of any prior Executive order, this order shall control, except that this order shall not diminish or otherwise affect the requirements of Executive Order No. 10450 [5 U.S.C. 7311 note], the denial and revocation procedures provided to individuals covered by Executive Order No. 10865, as amended [set out above], or access by historical researchers and former presidential appointees under Executive Order No. 12958 [formerly set out above] or any successor order.
(d) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order shall not be affected.
(e) This Executive order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
(f) This order is effective immediately.
Section 1.1. Policy. (a) Executive branch vetting policies and procedures relating to suitability, contractor or Federal employee fitness, eligibility to hold a sensitive position, authorization to be issued a Federal credential for access to federally controlled facilities and information systems, and eligibility for access to classified information shall be aligned using consistent standards to the extent possible, shall provide for reciprocal recognition, and shall ensure cost-effective, timely, and efficient protection of the national interest, while providing fair treatment to those upon whom the Federal Government relies to conduct our Nation’s business and protect national security.
(b) The Government’s tools, systems, and processes for conducting these background investigations and managing sensitive investigative information should keep pace with technological advancements, regularly integrating current best practices to better anticipate, detect, and counter malicious activities, and threats posed by external or internal actors who may seek to do harm to the Government’s personnel, property, and information. To help fulfill these responsibilities, there shall be a primary executive branch investigative service provider whose mission is to provide effective, efficient, and secure background investigations for the Federal Government.
(c) Executive branch vetting policies and procedures shall be sustained by an enhanced risk-management approach that facilitates early detection of issues by an informed, aware, and responsible Federal workforce; results in quality decisions enabled by improved vetting capabilities; and advances Government-wide capabilities through enterprise approaches.
(d) The appointment or retention of each covered individual shall be subject to an investigation. Federal investigative standards established pursuant to this order shall be designed to develop information as to whether the employment or retention in employment in the Federal service of the person being investigated is clearly consistent with the interests of the national security, and the scope of the investigation shall be determined in the first instance according to the degree of material adverse effect the occupant of the position sought to be filled could bring about, by virtue of the nature of the position, on the national security.” [sic]
(e) Investigative agencies shall control the reports, information, and other investigative materials that are developed during the vetting process. Recipient departments and agencies may retain and use the received reports, information, and other investigative material within that recipient for authorized purposes (including, but not limited to, adjudications, hearings and appeals, continuous evaluation, inspector general functions, counterintelligence, research, and insider threat programs), in compliance with the Privacy Act of 1974, as amended (section 552a of title 5, United States Code). Investigative agencies shall ensure that their applicable System of Records Notices include, at a minimum, the authorized uses of the recipient departments and agencies such as those set forth above. Recipient departments and agencies shall not make any external releases of received information, other than to an investigative subject for the purpose of providing procedural rights or administrative due process; and shall direct any other requests for external releases of copies of the reports, information, and other investigative materials to the investigative agency. In the event redisclosure by the recipient agency is required by compulsory legal process, the recipient agency shall consult with the investigating agency. The investigative agency shall maintain the reports, information, and other investigative material in a system of records subject to the Privacy Act and ensure that any re-disclosure does not violate statutory restrictions or result in the unauthorized disclosure of: classified information, information subject to a claim of privilege, or information that is otherwise lawfully exempt from disclosure. Subject to Security Executive Agent authorizations consistent with section 3341(e)(5) of title 50, United States Code, the investigative agencies shall make reports, information, and other investigative material available, as necessary, to carry out the responsibilities set forth in this order, including but not limited to, authorized executive branch-sponsored research and initiatives for enterprise-wide continuous performance improvement of vetting policy and procedures, as permitted by law.
Sec. 1.2. Applicability. (a) This order applies to vetting of all covered individuals as defined in section 1.3(h), except that:
(i) the provisions regarding eligibility for physical access to federally controlled facilities and logical access to federally controlled information systems do not apply to individuals exempted in accordance with guidance pursuant to the Federal Information Security Management Act (title III of Public Law 107–347) and Homeland Security Presidential Directive 12 of August 27, 2004; and
(ii) the qualification standards for enlistment, appointment, and induction into the Armed Forces pursuant to title 10, United States Code, are unaffected by this order.
(b) This order also applies to vetting for employees of agencies working in or for the legislative or judicial branches when the vetting is conducted by the executive branch.
Sec. 1.3. Definitions. For the purpose of this order: (a) “Adjudication” means the evaluation of pertinent data in a background investigation, as well as any other available information that is relevant and reliable, to determine whether a covered individual is:
(i) suitable for Government employment;
(ii) eligible for logical and physical access;
(iii) eligible for access to classified information;
(iv) eligible to hold a sensitive position; or
(v) fit to perform work for or on behalf of the Government as a Federal employee, contractor, or nonappropriated fund employee.
(b) “Agency” means any “Executive agency” as defined in section 105 of title 5, United States Code, including the “military departments,” as defined in section 102 of title 5, United States Code, and any other entity within the executive branch that comes into possession of classified information or has designated positions as sensitive, except such an entity headed by an officer who is not a covered individual.
(c) “Classified information” means information that has been determined pursuant to Executive Order 13526 of December 29, 2009, or a successor or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) to require protection against unauthorized disclosure.
(d) “Continuous evaluation (CE)” means a vetting process to review the background of an individual who has been determined to be eligible for access to classified information or to hold a sensitive position at any time during the period of eligibility. CE leverages a set of automated record checks and business rules to assist in the on-going assessment of an individual’s continued eligibility. CE is intended to complement continuous vetting efforts.
(e) “Continuous performance improvement” means assessing national policy and operations, adverse events, and emerging trends and technology throughout the Government’s end-to-end vetting program. It relies on research to generate data-driven decisions and uses outcome-based measurements to adjust policy and operations.
(f) “Continuous vetting” means reviewing the background of a covered individual at any time to determine whether that individual continues to meet applicable requirements.
(g) “Contractor” means an expert or consultant (not appointed under section 3109 of title 5, United States Code) to an agency; an industrial or commercial contractor, licensee, certificate holder, or grantee of any agency, including all subcontractors; a personal services contractor; or any other category of person who performs work for or on behalf of an agency (but not a Federal employee).
(h) “Covered individual” means a person who performs, or who seeks to perform, work for or on behalf of the executive branch (e.g., Federal employee, military member, or contractor), or otherwise interacts with the executive branch such that the individual must undergo vetting, but does not include:
(i) the President or (except to the extent otherwise directed by the President) employees of the President under section 105 or 107 of title 3, United States Code;
(ii) the Vice President or (except to the extent otherwise directed by the Vice President) employees of the Vice President under section 106 of title 3, United States Code, or annual legislative branch appropriations acts; or
(iii) with respect to background investigations only, [the] duly elected or appointed governor of a State or territory, or an official who has succeeded to that office under applicable law in accordance with Executive Order 13549 of August 18, 2010, and its implementing directive.
(i) “End-to-end automation” means an executive branch-wide federated system that uses automation to manage and monitor cases and maintain relevant documentation of the application (but not an employment application), investigation, adjudication, and continuous evaluation processes.
(j) “Federally controlled facilities” and “federally controlled information systems” have the meanings prescribed in guidance pursuant to the Federal Information Security Management Act (title III of Public Law 107–347) and Homeland Security Presidential Directive 12.
(k) “Fitness” means the level of character and conduct determined necessary for an individual to perform work for or on behalf of a Federal agency as an employee in the excepted service (other than a position subject to suitability), or as a “contractor employee” or a “nonappropriated fund employee” as those terms are defined in Executive Order 13488 of January 16, 2009, as amended.
(l) “Investigation” means the collection and analysis of pertinent facts and data to support a determination of whether a covered individual is, and continues to be:
(i) eligible for access to classified information;
(ii) eligible to hold a sensitive position;
(iii) suitable or fit for Federal employment;
(iv) fit to perform work for or on behalf of the Federal Government as a contractor or nonappropriated fund employee; or
(v) authorized to be issued a Federal credential.
(m) “Logical and physical access” means access other than occasional or intermittent access to federally controlled facilities or information systems.
(n) “National Background Investigations Bureau” (NBIB) means the National Background Investigations Bureau, established within the Office of Personnel Management under section 1103(a)(3) of title 5, United States Code, or a successor entity, with responsibility for conducting effective, efficient, and secure personnel background investigations pursuant to law, rule, regulation, or Executive Order.
(o) “Sensitive Position” means any position within or in support of a department or agency, the occupant of which could bring about, by virtue of the nature of the position, a material adverse effect on the national security, regardless of whether the occupant has access to classified information, and regardless of whether the occupant is an employee, a military service member, or a contractor.
(p) “Suitability” has the meaning and coverage provided in 5 CFR Part 731.
(q) “Vetting” is the process by which covered individuals undergo investigation, evaluation, and adjudication of whether they are, and remain over time, suitable or fit for Federal employment, eligible to occupy a sensitive position, eligible for access to classified information, eligible to serve as a nonappropriated fund employee or a contractor, eligible to serve in the military, or authorized to be issued a Federal credential. Vetting includes all steps in the end-to-end process, including determining need (appropriate position designation), validating need (existence of a current investigation or adjudication), collecting background information via standard forms, investigative activity, adjudication, providing administrative due process or other procedural rights, and ongoing assessments to ensure that individuals continue to meet the applicable standards for the position for which they were favorably adjudicated.
Sec. 2.1. Vetting Enterprise. (a) The executive branch-wide vetting enterprise shall use, to the greatest extent practicable, aligned and consistent vetting policies, procedures, and standards, as determined by the Council and the Executive Agents. The Executive Agents shall issue guidance to implement this provision.
(b) The aligned executive branch-wide vetting enterprise shall employ modern and consistent standards and methods, enable innovations with enterprise information technology capabilities and end-to-end automation to the extent practicable, and ensure that relevant information maintained by agencies can be accessed and shared rapidly across the executive branch, while protecting national security, protecting privacy-related information, protecting civil rights and civil liberties, ensuring resulting decisions are in the national interest and in accordance with due process requirements, and providing the Federal Government with an effective trusted workforce.
(c) The investigative and adjudicative standards for fitness shall, to the extent practicable, be consistent with the standards for suitability. The Executive Agents shall establish in Federal investigative standards the elements of the level of investigation necessary for vetting for fitness.
(d) All covered individuals shall be subject to continuous vetting under standards (including, but not limited to, the frequency of such vetting) as determined by the Security Executive Agent or the Suitability and Credentialing Executive Agent exercising its Suitability Executive Agent functions, as applicable.
(e) Vetting shall include a search of records of the Federal Bureau of Investigation, including a fingerprint-based search, and any other appropriate biometric or database searches not precluded by law.
Sec. 2.2. Reciprocity. Except as otherwise authorized by law or policy issued by the applicable Executive Agent, agencies shall accept background investigations and adjudications conducted by other authorized agencies unless an agency determines that a particular background investigation or adjudication does not sufficiently address the standards used by that agency in determining the fitness of its excepted service employees who cannot be noncompetitively converted to the competitive service. Except as described above and except to the extent authority to apply additional requirements is vested by statute in an agency, an agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a polygraph examination consistent with law, directive, or regulation) that exceed existing requirements without the approval of the Suitability and Credentialing Executive Agent exercising its Suitability Executive Agent functions or Security Executive Agent, as appropriate. Any additional requirements approved by the appropriate Executive Agent shall be limited to those that are necessary to address significant needs unique to the agency involved, to protect national security, or to satisfy a requirement imposed by law.
Sec. 2.3. Continuous Performance Improvement. Executive branch vetting policies, processes, and procedures shall be supported by institutionalized enterprise-wide continuous performance improvement, which shall align with and support process improvements.
Sec. 2.4. Establishment and Functions of Performance Accountability Council. (a) There is hereby established a Security, Suitability, and Credentialing Performance Accountability Council (Council).
(b) The Deputy Director for Management, Office of Management and Budget, shall serve as Chair of the Council and shall have authority, direction, and control over the Council’s functions. Membership on the Council shall include the Suitability and Credentialing Executive Agent, the Security Executive Agent, and the Under Secretary of Defense for Intelligence [now Under Secretary of Defense for Intelligence and Security]. These four officials collectively shall constitute “the Security, Suitability, and Credentialing Performance Accountability Council Principals.” The Director of the Defense Counterintelligence and Security Agency shall also serve as a member of the Council. The Chair shall select a Vice Chair to act in the Chair’s absence. The Chair shall have authority to designate officials from additional agencies who shall serve as members of the Council. Council membership shall be limited to Federal Government employees in leadership positions.
(c) The Council shall be accountable to the President to achieve, consistent with this order, the goals of the executive branch vetting enterprise, and is responsible for driving implementation of reform efforts and enterprise development, ensuring accountability by agencies, ensuring the Executive Agents align their respective processes, and sustaining continuous performance improvement and reform momentum.
(d) The Council shall:
(i) ensure enterprise-wide alignment of suitability, security, credentialing, and as appropriate, fitness processes;
(ii) hold agencies accountable for the implementation of suitability, security, fitness, and credentialing processes and procedures;
(iii) define requirements for enterprise-wide reciprocity management information technology, and develop standards for enterprise-wide information technology;
(iv) work with agencies to implement continuous performance improvement programs, policies, and procedures; establish annual goals and progress metrics; and prepare annual reports on results;
(v) ensure and oversee the development of tools and techniques for enhancing background investigations and adjudications;
(vi) enable discussion and consensus resolution of differences in processes, policies, and procedures among the Council Principals, and other agencies as appropriate;
(vii) share best practices;
(viii) advise the Executive Agents on policies affecting the alignment of investigations and adjudications;
(ix) work with agencies to develop agency policies and procedures to enable sharing of vetting information consistent with the law and the protection of privacy and civil liberties and to the extent necessary for enterprise-wide efficiency, effectiveness, and security;
(x) monitor performance to identify and drive enterprise-level process enhancements, and make recommendations for changes to executive branch-wide guidance and authorities to resolve overlaps or close policy gaps where they may exist;
(xi) promote data-driven, transparent, and expeditious policy-making processes; and
(xii) develop and continuously reevaluate and revise outcome-based metrics that measure the quality, efficiency and effectiveness of the vetting enterprise.
(e) The Chair shall, to further the goals of the vetting enterprise and to the extent consistent with law, establish subordinate entities, mechanisms, and policies to support and assist in exercising the Council’s authorities and responsibilities, and facilitate, consistent with the executive branch’s enterprise strategy, adoption of enterprise-wide standards and solutions to ensure security, quality, reciprocity, efficiency, effectiveness, and timeliness. The Chair may assign, in whole or in part, to the head of any agency (solely or jointly) any function within the Council’s authority or responsibilities pursuant to this order.
Sec. 2.5. Establishment, Designation, and Functions of Executive Agents. (a) There are hereby established a Suitability and Credentialing Executive Agent and a Security Executive Agent.
(b) The Director of the Office of Personnel Management shall serve as the Suitability and Credentialing Executive Agent. With respect to the Suitability Executive Agent functions, the Director:
(i) shall, pursuant to sections 1103 and 1104 of title 5, United States Code, and the Civil Service Rules, be responsible for suitability and fitness by prescribing suitability standards and minimum standards of fitness for employment; prescribing position designation requirements with regard to the risk to the efficiency and integrity of the service; prescribing applicable investigative standards, policies, and procedures for suitability and fitness; prescribing suitability and fitness reciprocity standards; making suitability determinations; and taking suitability actions;
(ii) shall issue regulations, guidance, and standards to fulfill the Director’s responsibilities related to suitability and fitness under Executive Order 13488 of January 16, 2009, as amended;
(iii) shall promote reciprocal recognition of suitability or fitness determinations among the agencies, including acting as the final authority to arbitrate and resolve disputes among the agencies involving the reciprocity of investigations and adjudications of suitability and fitness;
(iv) shall continue to initially approve, and periodically review for renewal, agencies’ requests to administer polygraphs in connection with appointment in the competitive service, in consultation with the Security Executive Agent as appropriate;
(v) shall make a continuing review of agency programs for suitability and fitness vetting to determine whether they are being implemented according to this order;
(vi) may issue guidelines and instructions to the heads of agencies to promote appropriate uniformity, centralization, efficiency, effectiveness, reciprocity, timeliness, and security in processes relating to determining suitability or fitness; and
(vii) shall, pursuant to section 1104 of title 5, United States Code, prescribe performance standards and a system of oversight for any suitability or fitness function delegated by the Director to the head of another agency, including uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of delegated functions.
(c) With respect to the Credentialing Executive Agent functions, the Director of the Office of Personnel Management:
(i) shall develop standards for investigations, reinvestigations, and continuous vetting for a covered individual’s eligibility for a personal identity verification credential permitting logical and physical access to federally controlled facilities and federally controlled information systems (PIV credential);
(ii) shall develop adjudicative guidelines for a covered individual’s eligibility for a PIV credential;
(iii) shall develop guidelines on reporting and recording determinations of eligibility for a PIV credential;
(iv) shall develop standards for unfavorable determinations of eligibility for a PIV credential, including procedures for denying and revoking the eligibility for a PIV credential, for reconsideration of unfavorable determinations, and for rendering the PIV credential inoperable;
(v) shall develop standards and procedures for suspending eligibility for a PIV credential when there is a reasonable basis to believe there may be an unacceptable risk pending an inquiry or investigation, including special standards and procedures for imminent risk;
(vi) shall be responsible for developing uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations and adjudications relating to eligibility for a PIV credential;
(vii) may develop guidelines and instructions to the heads of agencies as necessary to ensure appropriate uniformity, centralization, efficiency, effectiveness, and timeliness in processes relating to eligibility for a PIV credential;
(viii) shall monitor and make a continuing review of agency programs for determining eligibility for a PIV credential to determine whether they are being implemented according to this order; and
(ix) shall consult to the extent practicable with other agencies with responsibilities related to PIV credentials to ensure that policies and procedures are consistent with law including:
(A) the Office of Management and Budget, in exercising its responsibilities under section 11331 of title 40, United States Code, section 3553(a) of title 44, United States Code, division A, sections 1086(b)(2) and (b)(3) of Public Law 114–92, and Homeland Security Presidential Directive 12 of August 27, 2004;
(B) the Department of Homeland Security, in exercising its responsibilities under sections 3553(b), (f), and (g) of title 44, United States Code;
(C) the Department of Defense, in exercising its responsibilities under section 3553(e) of title 44, United States Code, and division A, sections 1086(a)(1)(E), (b)(1), and (b)(2) of Public Law 114–92;
(D) the Office of the Director of National Intelligence, in exercising its responsibilities under section 3553(e) of title 44, United States Code, and division A, section 1086(b)(2) of Public Law 114–92;
(E) the Department of Commerce and the National Institute of Standards and Technology, in exercising their responsibilities under section 278g–3 of title 15, United States Code, and Homeland Security Presidential Directive 12 of August 27, 2004;
(F) the General Services Administration, in exercising its responsibilities under division A, section 1086(b)(2) of Public Law 114–92; and
(G) the Federal Acquisition Regulation agencies, in exercising their responsibilities under [former] chapter 137 of title 10, section 121(c) of title 40, and section 20113 of title 51, United States Code.
(d) In fulfilling the Credentialing Executive Agent function of developing policies and procedures for determining eligibility for a PIV credential and to protect the national security, the Director of the Office of Personnel Management shall coordinate with and obtain the concurrence of the other Council Principals. Agencies with authority to establish standards or guidelines or issue instructions related to PIV credentials shall retain the discretion as to whether to establish policies, guidelines, or instructions developed by the Credentialing Executive Agent.
(e) The Director of National Intelligence shall serve as the Security Executive Agent. The Security Executive Agent:
(i) shall direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any agency;
(ii) shall make a continuing review of agencies’ national security background investigation and adjudication programs to determine whether they are being implemented according to this order;
(iii) shall be responsible for developing and issuing uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position;
(iv) may issue guidelines and instructions to the heads of agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by agencies of eligibility for access to classified information or eligibility to hold a sensitive position, to include such matters as investigations, polygraphs, adjudications, and reciprocity;
(v) may, if consistent with the national security, authorize exceptions to or waivers of national security investigative requirements, and may issue implementing or clarifying guidance as necessary;
(vi) shall serve as the final authority to designate an agency or agencies, to the extent that it is not practicable to use the Defense Counterintelligence and Security Agency, to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position;
(vii) shall serve as the final authority to designate an agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order 12968 of August 2, 1995, as amended;
(viii) shall ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among the agencies, including acting as the final authority to arbitrate and resolve disputes among the agencies involving the reciprocity of investigations and adjudications of eligibility; and
(ix) may assign, in whole or in part, to the head of any agency (solely or jointly) any of the functions detailed in (i) through (viii) of this subsection, with the agency’s exercise of such assigned functions to be subject to the Security Executive Agent’s oversight and with such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate.
(f) Nothing in this section shall be construed in a manner that would limit the authorities of the Director of the Office of Personnel Management, the Director of National Intelligence, or the Secretary of Defense under law.
Sec. 2.6. Roles and Responsibilities of the Department of Defense, the Office of Personnel Management, and the Office of Management and Budget.
(a) The National Background Investigations Bureau shall, until such functions are transferred or delegated, as applicable, to the Defense Counterintelligence and Security Agency:
(i) serve as the primary executive branch service provider for background investigations for eligibility for access to classified information; eligibility to hold a sensitive position; suitability or, for employees in positions not subject to suitability, fitness for Government employment; fitness to perform work for or on behalf of the Government as a contractor; fitness to work as a nonappropriated fund employee, as defined in Executive Order 13488 of January 16, 2009, as amended; and authorization to be issued a Federal credential for logical and physical access to federally controlled facilities or information systems;
(ii) provide effective, efficient, and secure personnel background investigations for the Federal Government;
(iii) provide the Council information, to the extent permitted by law, on matters of performance, timeliness, capacity, information technology modernization, continuous performance improvement, and other relevant aspects of NBIB operations;
(iv) be headquartered in or near Washington, District of Columbia;
(v) have dedicated resources, including but not limited to a senior privacy and civil liberties official;
(vi) institutionalize interagency collaboration and leverage expertise across the executive branch;
(vii) continuously improve investigative operations, emphasizing information accuracy and protection, and regularly integrate best practices, including those identified by subject matter experts from industry, academia, or other relevant sources;
(viii) conduct personnel background investigations in accordance with uniform and consistent policies, procedures, standards, and requirements established by the Security Executive Agent and the Suitability and Credentialing Executive Agent exercising its Suitability Executive Agent functions; and
(ix) conduct other personnel background investigations as authorized by law, rule, regulation, or Executive Order;” [sic]
except that throughout the transition period ending on or before September 30, 2019, as described in sections 2.6(d)(vi) and 2.6(e)(viii) of this order, the National Background Investigations Bureau and its personnel may continue to perform background investigations for the Defense Counterintelligence and Security Agency.
(b) The Secretary of Defense shall design, develop, deploy, operate, secure, defend, and continuously update and modernize, as necessary, vetting information technology systems that support all background investigation processes conducted by the National Background Investigations Bureau. Design and operation of the information technology systems for the National Background Investigations Bureau shall comply with applicable information technology standards and, to the extent practicable, ensure security and interoperability with other background investigation information technology systems. The Secretary of Defense shall operate the database in the information technology systems containing appropriate data relevant to the granting, denial, or revocation of eligibility for access to classified information or eligibility for a sensitive position pertaining to military, civilian, or Government contractor personnel, see section 3341(e) of title 50, United States Code, consistent with and following an explicit delegation from the Director of the Office of Personnel Management pursuant to section 1104 of title 5, United States Code.
(i) Pursuant to sections 113 and 191 of title 10, United States Code, the Secretary of Defense shall rename the Defense Security Service (DSS) as the Defense Counterintelligence and Security Agency (DCSA). Subject to the authority, direction, and control of the Secretary of Defense and as further described in subsections (b)(ii) through (b)(iv) of this section, the DCSA shall serve as the primary Federal entity for conducting background investigations for the Federal Government. The DCSA shall, as a continuation of the former DSS, serve as the primary Department of Defense component for the National Industrial Security Program and shall execute responsibilities relating to continuous vetting, insider threat programs, and any other responsibilities assigned to it by the Secretary of Defense consistent with law. The Secretary of Defense may rename the DCSA and reassign any of its responsibilities to another Department of Defense component or components, provided, however, that the Secretary of Defense shall consult with the Directors of National Intelligence, the Office of Personnel Management, and the Office of Management and Budget before renaming the DCSA or reassigning the responsibilities specified in section 2.6(b)(ii) and (iv) of this order to another Department of Defense component.
(ii) Pursuant to and consistent with section 3001(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(c)), sections [sic] 925(a)(1) and (d)(2) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note), and in accordance with subsection (d) of this section, no later than June 24, 2019, the DCSA shall serve as the primary entity for conducting effective, efficient, and secure background investigations for the Federal Government for determining whether covered individuals are or continue to be eligible for access to classified information or eligible to hold a sensitive position.
(iii) Pursuant to and consistent with sections [sic] 925(a)(1) and (d)(2) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note) and in accordance with subsection (d) of this section, no later than June 24, 2019, the DCSA shall serve as the primary entity for conducting effective, efficient, and secure background investigations for determining the suitability or, for employees in positions not subject to suitability, fitness for Department of Defense employment; fitness to perform work for or on behalf of the Department of Defense as a contractor; fitness to work as a nonappropriated fund employee, as defined in Executive Order 13488 of January 16, 2009, [5 U.S.C. 7301 note] as amended; and authorization to be issued a Federal credential for logical and physical access to facilities or information systems controlled by the Department of Defense.
(iv) Consistent with and following an explicit delegation from the Director of the Office of Personnel Management pursuant to section 1104 of title 5, United States Code, and consistent with subsection (e) of this section, no later than June 24, 2019, the DCSA shall serve as the primary entity for conducting effective, efficient, and secure background investigations for the Federal Government not described in subsections (b)(ii) and (b)(iii) of this section, for determining suitability or, for employees in positions not subject to suitability, fitness for Government employment; fitness to perform work for or on behalf of the Government as a contractor; fitness to work as a nonappropriated fund employee, as defined in Executive Order 13488 of January 16, 2009, as amended; and authorization to be issued a Federal credential for logical and physical access to federally controlled facilities or information systems.
(v) The DCSA shall conduct other background investigations as authorized by law, designation, rule, regulation, or Executive Order.
(vi) The DCSA shall provide information to the Council established by section 2.4 of this order regarding matters of performance, including timeliness and continuous improvement, capacity, information technology modernization, and other relevant aspects of its operations. The DCSA shall be subject to the oversight of the Security Executive Agent, including implementation of Security Executive Agent policies, procedures, guidance, and instructions, in conducting investigations for eligibility to access classified information or to hold a sensitive position. The DCSA, through the Secretary of Defense, also shall be subject to the oversight of the Suitability and Credentialing Executive Agent, including implementation of Suitability and Credentialing Executive Agent policies, procedures, guidance, and instructions, and applicable Office of Personnel Management regulations, in conducting investigations of suitability or fitness and eligibility for logical and physical access.
(vii) The Secretary of Defense shall design, develop, deploy, operate, secure, defend, and continuously update and modernize, as necessary, information technology systems that support all personnel vetting processes conducted by the Department of Defense. Design and operation of these information technology systems shall comply with applicable information technology standards and, to the extent practicable, ensure security and interoperability with other personnel vetting or related information technology systems. The Secretary of Defense shall maintain and safeguard the information relevant to the granting, denial, or revocation of eligibility for access to classified information, or eligibility for a sensitive position, or relevant to suitability, fitness, or credentialing determinations pertaining to military, civilian, or Government contractor personnel. The Secretary of Defense shall operate the database in the information technology systems containing appropriate data relevant to the granting, denial, or revocation of eligibility for access to classified information or eligibility for a sensitive position pertaining to military, civilian, or Government contractor personnel, see section 3341(e) of title 50, United States Code, consistent with, as applicable, an explicit delegation from the Director of the Office of Personnel Management pursuant to section 1104 of title 5, United States Code.
(viii) The Secretary of Defense shall, by June 24, 2019, execute a written agreement with the Director of the Office of Personnel Management designating the appropriate support functions to be transferred as part of the investigative mission, consistent with section 925(d)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note), and setting forth expectations for the transition period, including for detailing personnel, funding background investigations, using and safeguarding information technology, managing facilities and property, contracting, administrative support, records access, and addressing any claims.
(ix) The Secretary of Defense shall, upon finalization of the agreement described in paragraph (viii) of this subsection and in accordance with its terms:
(A) establish the Personnel Vetting Transformation Office within the Department of Defense, which will include personnel from the Department of Defense and other stakeholder agencies, as appropriate; and
(B) commence efforts to receive transferred or delegated functions and, as appropriate, associated Office of Personnel Management operations, resources, and personnel, to the DCSA.
(x) The Secretary of Defense shall:
(A) no later than June 24, 2019, and every 180 days thereafter until the transfer is complete, provide a report to the President, in coordination with the Director of the Office of Personnel Management and through the Director of the Office of Management and Budget, regarding the status of the transfer, including any resource or funding shortfall and gaps in authority;
(B) take necessary actions to enable the Department of Defense to receive any resources, including personnel, made available as a result of subsection (d) of this section; and
(C) notify the President upon completion of the transition period.
(xi) In the event the agreement described in paragraph (viii) of this subsection and section 2.6(e)(v) of this order is not executed by June 24, 2019, beginning on such date, the Secretary of Defense shall begin to take necessary actions to begin execution of paragraph (ix) until the agreement described in paragraph (viii) of this subsection is executed, at which time the Secretary of Defense shall ensure actions subject to such agreement under paragraph (ix) of this subsection are executed in accordance with its terms.” [sic]
(c) Existing delegations of authority to conduct background investigations made by the Director of the Office of Personnel Management, as the Suitability and Credentialing Executive Agent or as otherwise authorized by statute or Executive Order, to any agency relating to suitability, fitness, or credentialing determinations, existing designations made by the Director of National Intelligence, as the Security Executive Agent or as otherwise authorized by statute or Executive Order, relating to investigating persons who are proposed for access to classified information or for eligibility to hold a sensitive position, or existing delegations of authority to conduct background investigations made by the President to any other agency through any Executive Order shall remain in effect. Nothing in this order shall be construed to limit the authority of any agency to conduct its own background investigations when specifically authorized or directed to do so by statute or any preexisting delegation from the President.
(d) Consistent with section 3503 of title 5, United States Code, subchapter I of chapter 83 of title 10, United States Code, and section 925(d)(1) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note), the Secretary of Defense and the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget and the Security Executive Agent, shall, consistent with applicable law, provide for the transfer of the functions described in sections 2.6(b)(ii) and (iii) of this order from the Office of Personnel Management’s NBIB to DCSA, and any appropriate Office of Personnel Management-associated personnel and resources, including infrastructure and the investigation-related support functions. The transfer shall commence no later than June 24, 2019, and shall:
(i) be executed with the assistance of the Personnel Vetting Transformation Office established pursuant to paragraph (b)(ix) of this section, which shall, in providing such assistance, consider input from other stakeholder agencies, as appropriate;
(ii) be conducted in accordance with a risk management approach that is consistent with Office of Management and Budget Circular A–123;
(iii) include any appropriate funds that the Secretary of Defense and the Director of the Office of Personnel Management, with the concurrence of the Director of the Office of Management and Budget, determine to be available and necessary to finance and discharge the functions transferred;
(iv) be consistent with the transition from legacy information technology as required by subsection (b)(vii) of this section;
(v) build upon the implementation plan developed pursuant to section 951(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) [10 U.S.C. 1564 note], which is being implemented pursuant to section 925 of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note); and
(vi) permit NBIB to conduct background investigations for DCSA, as necessary, until September 30, 2019.
(e) The Director of the Office of Personnel Management shall:
(i) no later than June 24, 2019, take any steps necessary to make effective the delegation, pursuant to section 1104(a)(2) of title 5, United States Code, of the functions described in subsection (b)(iv) of this section;
(ii) promptly establish appropriate performance standards and oversight as required by section 1104(b) of title 5, United States Code;
(iii) work in coordination with the Secretary of Defense to reassign appropriate resources, including personnel, to the DCSA and provide all necessary and appropriate support to the DCSA in a timely manner to enable it to fulfill its responsibilities under this order;
(iv) no later than June 24, 2019, provide the Secretary of Defense with a complete inventory of NBIB personnel, resources, and assets, and other Office of Personnel Management personnel and resources that primarily support NBIB;
(v) no later than June 24, 2019, execute a written agreement with the Secretary of Defense designating the appropriate support functions to be transferred as part of the investigative mission, consistent with section 925(d)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note), as described in section 2.6(b)(viii) of this order;
(vi) immediately upon the finalization of the agreement described in paragraph (v) of this subsection and section 2.6(b)(viii) of this order, commence efforts to transition transferred or delegated functions and, as appropriate, associated Office of Personnel Management authorities, operations, resources, and personnel, to the DCSA;
(vii) during the transition period, coordinate with the Department of Defense regarding any decisions concerning NBIB’s personnel structure, finances, contracts, or organization to the extent provided in the written agreement described by paragraph (b)(viii) of this section;
(viii) no later than September 30, 2019, complete the transfer of all designated administrative and operational functions to the Department of Defense and revoke any applicable delegation or designation to NBIB of investigative or other authority; and
(ix) in the event the agreement described in paragraph (v) of this subsection and section 2.6(b)(viii) of this order is not executed by June 24, 2019, beginning on such date, the Director of the Office of Personnel Management shall begin to take necessary actions to begin execution of paragraphs (iii) through (viii) of this subsection until the agreement described in paragraph (v) of this subsection and section 2.6(b)(viii) of this order is executed, at which time the Director of the Office of Personnel Management shall ensure actions subject to such agreement under paragraphs (iii) through (viii) of this subsection are executed in accordance with its terms.
(f) The Director of the Office of Management and Budget shall:
(i) facilitate an effective transfer of functions, including personnel and resources;
(ii) support the Department of Defense’s efforts to establish a single, centralized funding capability for its background investigations, as required by section 925(e)(1) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note);
(iii) mediate any disagreements between the Secretary of Defense and the Director of the Office of Personnel Management that may arise during or outside of the transition period and facilitate resolution of the conflicting positions; and
(iv) develop, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, an appropriate funding plan for the activities undertaken pursuant to this order.
Sec. 2.7. Additional Functions. (a) The duties assigned to the Security Policy Board by Executive Order 12968 of August 2, 1995, to consider, coordinate, and recommend policy directives for executive branch security policies, procedures, and practices are reassigned to the Security Executive Agent.
(b) Heads of agencies shall:
(i) designate, or cause to be designated, as a “sensitive position,” any position occupied by a covered individual in which the occupant could bring about by virtue of the nature of the position, a material adverse effect on the national security;
(ii) establish and maintain within their respective agencies, an effective program to ensure that employment and retention of any covered individual within the agency is clearly consistent with the interests of national security and, as applicable, meets standards for eligibility for access to classified information or to hold a sensitive position, suitability, fitness, or credentialing, established by the respective Executive Agent;
(iii) carry out any function assigned to the agency head by the Chair, and shall assist the Chair, the Council, the Executive Agents, the National Background Investigations Bureau, and the Department of Defense in carrying out any function under sections 2.4, 2.5, and 2.6 of this order;
(iv) implement any policy or procedure established pursuant to this order;
(v) to the extent permitted by law, make available to the Council, the Executive Agents, the National Background Investigations Bureau, and the Department of Defense such information as may be requested to implement this order, including information necessary to implement enterprise-wide vetting policies and procedures;
(vi) except as authorized by section 3341(e)(5) of title 50, United States Code, promptly furnish, or cause to be promptly furnished, to the Office of Personnel Management the information deemed by the Executive Agents to be necessary for purposes of record keeping and reciprocity including, but not limited to, the date on which a background investigation is initiated, the date on which the background investigation is closed, and the specific adjudicative or access decision made. The Executive Agents shall determine the appropriate timeline pursuant to which this information must be reported to the Office of Personnel Management. The Executive Agents shall maintain discretion to determine the scope of information needed for record keeping and reciprocity purposes. The Office of Personnel Management shall regularly provide this information to the Director of National Intelligence for national security purposes.
(vii) ensure that all actions taken under this order take account of the counterintelligence interests of the United States, as appropriate; and
(viii) ensure that actions taken under this order are consistent with the President’s constitutional authority to:
(A) conduct the foreign affairs of the United States;
(B) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties;
(C) recommend for congressional consideration such measures as the President may judge necessary or expedient; and
(D) supervise the unitary executive branch.
(c) All investigations being conducted by agencies that develop information indicating that an individual may have been subjected to coercion, influence, or pressure to act contrary to the interests of the national security, or information that the individual may pose a counterintelligence or terrorist threat, or as otherwise provided by law, shall be referred to the Federal Bureau of Investigation for potential investigation, and may also be referred to other agencies where appropriate.
Sec. 3. General Provisions. (a) Executive Order 13381 of June 27, 2005 [amending Ex. Ord. No. 12171, set out as a note under section 7103 of Title 5, Government Organization and Employees], as amended, and Executive Order 10450 of April 27, 1953 [formerly set out as a note under section 7311 of Title 5], as amended, are revoked. By revoking Executive Order 10450 of April 27, 1953, as amended, there is no intent to alter the requirement for an investigation for national security purposes or the “clearly consistent with the interest of national security” standard prescribed by that Executive Order for making the determinations referenced in section 2.7(b)(ii). Further, suitability, fitness, credentialing, and national security eligibility regulations, standards and guidance issued by, or interagency agreements entered into by, the Council, the Executive Agents, or any agency pursuant to Executive Order 10450 of April 27, 1953, as amended, shall remain valid until superseded. Nothing in this order shall:
(i) supersede, impede, or otherwise affect:
(A) Executive Order 10577 of November 23, 1954, as amended;
(B) Executive Order 12333 of December 4, 1981, as amended;
(C) Executive Order 12829 of January 6, 1993, as amended; or
(D) Executive Order 13526 of December 29, 2009; or
(ii) diminish or otherwise affect the denial and revocation procedures provided to individuals covered by Executive Order 10865 of February 20, 1960, as amended; or
(iii) be applied in such a way as to affect any administrative proceeding pending on the date of this order.
(b) [Amended Ex. Ord. No. 12968, set out as a note above.]
(c) Provisions of Executive Order 12968 of August 2, 1995, as amended, that apply to eligibility for access to classified information shall apply to eligibility to hold any sensitive position regardless of whether that sensitive position requires access to classified information, subject to the Security Executive Agent issuing implementing or clarifying guidance regarding requirements for sensitive positions. Nothing in this order shall supersede, impede, or otherwise affect the remainder of Executive Order 12968 of August 2, 1995, as amended.
(d) Nothing in this order shall be construed to impair or otherwise affect the:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) Existing delegations of authority made pursuant to Executive Order 13381 of June 27, 2005, as amended, to any agency relating to granting eligibility for access to classified information shall remain in effect, subject to the exercise of authorities pursuant to this order to revise or revoke such delegation.
(g) Existing delegations of authority made by the Office of Personnel Management to any agency relating to suitability or fitness shall remain in effect, subject to the exercise of authorities to revise or revoke such delegations.
(h) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order shall not be affected.
(i) 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.
Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:
(1) an original classification authority is classifying the information;
(2) the information is owned by, produced by or for, or is under the control of the United States Government;
(3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and
(4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.
(b) If there is significant doubt about the need to classify information, it shall not be classified. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.
(d) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.
Sec. 1.2. Classification Levels. (a) Information may be classified at one of the following three levels:
(1) “Top Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(2) “Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(3) “Confidential” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.
(b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information.
(c) If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level.
Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by:
(1) the President and the Vice President;
(2) agency heads and officials designated by the President; and
(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.
(b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority.
(2) “Top Secret” original classification authority may be delegated only by the President, the Vice President, or an agency head or official designated pursuant to paragraph (a)(2) of this section.
(3) “Secret” or “Confidential” original classification authority may be delegated only by the President, the Vice President, an agency head or official designated pursuant to paragraph (a)(2) of this section, or the senior agency official designated under section 5.4(d) of this order, provided that official has been delegated “Top Secret” original classification authority by the agency head.
(4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this order. Each delegation shall identify the official by name or position.
(5) Delegations of original classification authority shall be reported or made available by name or position to the Director of the Information Security Oversight Office.
(d) All original classification authorities must receive training in proper classification (including the avoidance of over-classification) and declassification as provided in this order and its implementing directives at least once a calendar year. Such training must include instruction on the proper safeguarding of classified information and on the sanctions in section 5.5 of this order that may be brought against an individual who fails to classify information properly or protect classified information from unauthorized disclosure. Original classification authorities who do not receive such mandatory training at least once within a calendar year shall have their classification authority suspended by the agency head or the senior agency official designated under section 5.4(d) of this order until such training has taken place. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable.
(e) Exceptional cases. When an employee, government contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this order and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this information. That agency shall decide within 30 days whether to classify this information.
Sec. 1.4. Classification Categories. Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or (h) the development, production, or use of weapons of mass destruction.
Sec. 1.5. Duration of Classification. (a) At the time of original classification, the original classification authority shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically declassified. Except for information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section.
(b) If the original classification authority cannot determine an earlier specific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it be marked for declassification for up to 25 years from the date of the original decision.
(c) An original classification authority may extend the duration of classification up to 25 years from the date of origin of the document, change the level of classification, or reclassify specific information only when the standards and procedures for classifying information under this order are followed.
(d) No information may remain classified indefinitely. Information marked for an indefinite duration of classification under predecessor orders, for example, marked as “Originating Agency’s Determination Required,” or classified information that contains incomplete declassification instructions or lacks declassification instructions shall be declassified in accordance with part 3 of this order.
Sec. 1.6. Identification and Markings. (a) At the time of original classification, the following shall be indicated in a manner that is immediately apparent:
(1) one of the three classification levels defined in section 1.2 of this order;
(2) the identity, by name and position, or by personal identifier, of the original classification authority;
(3) the agency and office of origin, if not otherwise evident;
(4) declassification instructions, which shall indicate one of the following:
(A) the date or event for declassification, as prescribed in section 1.5(a);
(B) the date that is 10 years from the date of original classification, as prescribed in section 1.5(b);
(C) the date that is up to 25 years from the date of original classification, as prescribed in section 1.5(b); or
(D) in the case of information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the marking prescribed in implementing directives issued pursuant to this order; and
(5) a concise reason for classification that, at a minimum, cites the applicable classification categories in section 1.4 of this order.
(b) Specific information required in paragraph (a) of this section may be excluded if it would reveal additional classified information.
(c) With respect to each classified document, the agency originating the document shall, by marking or other means, indicate which portions are classified, with the applicable classification level, and which portions are unclassified. In accordance with standards prescribed in directives issued under this order, the Director of the Information Security Oversight Office may grant and revoke temporary waivers of this requirement. The Director shall revoke any waiver upon a finding of abuse.
(d) Markings or other indicia implementing the provisions of this order, including abbreviations and requirements to safeguard classified working papers, shall conform to the standards prescribed in implementing directives issued pursuant to this order.
(e) Foreign government information shall retain its original classification markings or shall be assigned a U.S. classification that provides a degree of protection at least equivalent to that required by the entity that furnished the information. Foreign government information retaining its original classification markings need not be assigned a U.S. classification marking provided that the responsible agency determines that the foreign government markings are adequate to meet the purposes served by U.S. classification markings.
(f) Information assigned a level of classification under this or predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Whenever such information is used in the derivative classification process or is reviewed for possible declassification, holders of such information shall coordinate with an appropriate classification authority for the application of omitted markings.
(g) The classification authority shall, whenever practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document or prepare a product to allow for dissemination at the lowest level of classification possible or in unclassified form.
(h) Prior to public release, all declassified records shall be appropriately marked to reflect their declassification.
Sec. 1.7. Classification Prohibitions and Limitations. (a) In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require protection in the interest of the national security.
(b) Basic scientific research information not clearly related to the national security shall not be classified.
(c) Information may not be reclassified after declassification and release to the public under proper authority unless:
(1) the reclassification is personally approved in writing by the agency head based on a document-by-document determination by the agency that reclassification is required to prevent significant and demonstrable damage to the national security;
(2) the information may be reasonably recovered without bringing undue attention to the information;
(3) the reclassification action is reported promptly to the Assistant to the President for National Security Affairs (National Security Advisor) and the Director of the Information Security Oversight Office; and
(4) for documents in the physical and legal custody of the National Archives and Records Administration (National Archives) that have been available for public use, the agency head has, after making the determinations required by this paragraph, notified the Archivist of the United States (Archivist), who shall suspend public access pending approval of the reclassification action by the Director of the Information Security Oversight Office. Any such decision by the Director may be appealed by the agency head to the President through the National Security Advisor. Public access shall remain suspended pending a prompt decision on the appeal.
(d) Information that has not previously been disclosed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by-document basis with the personal participation or under the direction of the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of this order. The requirements in this paragraph also apply to those situations in which information has been declassified in accordance with a specific date or event determined by an original classification authority in accordance with section 1.5 of this order.
(e) Compilations of items of information that are individually unclassified may be classified if the compiled information reveals an additional association or relationship that:
(1) meets the standards for classification under this order; and
(2) is not otherwise revealed in the individual items of information.
Sec. 1.8. Classification Challenges. (a) Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the information in accordance with agency procedures established under paragraph (b) of this section.
(b) In accordance with implementing directives issued pursuant to this order, an agency head or senior agency official shall establish procedures under which authorized holders of information, including authorized holders outside the classifying agency, are encouraged and expected to challenge the classification of information that they believe is improperly classified or unclassified. These procedures shall ensure that:
(1) individuals are not subject to retribution for bringing such actions;
(2) an opportunity is provided for review by an impartial official or panel; and
(3) individuals are advised of their right to appeal agency decisions to the Interagency Security Classification Appeals Panel (Panel) established by section 5.3 of this order.
(c) Documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement are not covered by this section.
Sec. 1.9. Fundamental Classification Guidance Review. (a) Agency heads shall complete on a periodic basis a comprehensive review of the agency’s classification guidance, particularly classification guides, to ensure the guidance reflects current circumstances and to identify classified information that no longer requires protection and can be declassified. The initial fundamental classification guidance review shall be completed within 2 years of the effective date of this order.
(b) The classification guidance review shall include an evaluation of classified information to determine if it meets the standards for classification under section 1.4 of this order, taking into account an up-to-date assessment of likely damage as described under section 1.2 of this order.
(c) The classification guidance review shall include original classification authorities and agency subject matter experts to ensure a broad range of perspectives.
(d) Agency heads shall provide a report summarizing the results of the classification guidance review to the Director of the Information Security Oversight Office and shall release an unclassified version of this report to the public.
Sec. 2.1. Use of Derivative Classification. (a) Persons who reproduce, extract, or summarize classified information, or who apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority.
(b) Persons who apply derivative classification markings shall:
(1) be identified by name and position, or by personal identifier, in a manner that is immediately apparent for each derivative classification action;
(2) observe and respect original classification decisions; and
(3) carry forward to any newly created documents the pertinent classification markings. For information derivatively classified based on multiple sources, the derivative classifier shall carry forward:
(A) the date or event for declassification that corresponds to the longest period of classification among the sources, or the marking established pursuant to section 1.6(a)(4)(D) of this order; and
(B) a listing of the source materials.
(c) Derivative classifiers shall, whenever practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document or prepare a product to allow for dissemination at the lowest level of classification possible or in unclassified form.
(d) Persons who apply derivative classification markings shall receive training in the proper application of the derivative classification principles of the order, with an emphasis on avoiding over-classification, at least once every 2 years. Derivative classifiers who do not receive such training at least once every 2 years shall have their authority to apply derivative classification markings suspended until they have received such training. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable.
Sec. 2.2. Classification Guides. (a) Agencies with original classification authority shall prepare classification guides to facilitate the proper and uniform derivative classification of information. These guides shall conform to standards contained in directives issued under this order.
(b) Each guide shall be approved personally and in writing by an official who:
(1) has program or supervisory responsibility over the information or is the senior agency official; and
(2) is authorized to classify information originally at the highest level of classification prescribed in the guide.
(c) Agencies shall establish procedures to ensure that classification guides are reviewed and updated as provided in directives issued under this order.
(d) Agencies shall incorporate original classification decisions into classification guides on a timely basis and in accordance with directives issued under this order.
(e) Agencies may incorporate exemptions from automatic declassification approved pursuant to section 3.3(j) of this order into classification guides, provided that the Panel is notified of the intent to take such action for specific information in advance of approval and the information remains in active use.
(f) The duration of classification of a document classified by a derivative classifier using a classification guide shall not exceed 25 years from the date of the origin of the document, except for:
(1) information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction; and
(2) specific information incorporated into classification guides in accordance with section 2.2(e) of this order.
Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority;
(2) the originator’s current successor in function, if that individual has original classification authority;
(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; or (4) officials delegated declassification authority in writing by the agency head or the senior agency official of the originating agency.
(c) The Director of National Intelligence (or, if delegated by the Director of National Intelligence, the Principal Deputy Director of National Intelligence) may, with respect to the Intelligence Community, after consultation with the head of the originating Intelligence Community element or department, declassify, downgrade, or direct the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.
(e) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the National Security Advisor. The information shall remain classified pending a prompt decision on the appeal.
(f) The provisions of this section shall also apply to agencies that, under the terms of this order, do not have original classification authority, but had such authority under predecessor orders.
(g) No information may be excluded from declassification under section 3.3 of this order based solely on the type of document or record in which it is found. Rather, the classified information must be considered on the basis of its content.
(h) Classified nonrecord materials, including artifacts, shall be declassified as soon as they no longer meet the standards for classification under this order.
(i) When making decisions under sections 3.3, 3.4, and 3.5 of this order, agencies shall consider the final decisions of the Panel.
Sec. 3.2. Transferred Records.
(a) In the case of classified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order.
(b) In the case of classified records that are not officially transferred as described in paragraph (a) of this section, but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such records shall be deemed to be the originating agency for purposes of this order. Such records may be declassified or downgraded by the agency in possession of the records after consultation with any other agency that has an interest in the subject matter of the records.
(c) Classified records accessioned into the National Archives shall be declassified or downgraded by the Archivist in accordance with this order, the directives issued pursuant to this order, agency declassification guides, and any existing procedural agreement between the Archivist and the relevant agency head.
(d) The originating agency shall take all reasonable steps to declassify classified information contained in records determined to have permanent historical value before they are accessioned into the National Archives. However, the Archivist may require that classified records be accessioned into the National Archives when necessary to comply with the provisions of the Federal Records Act. This provision does not apply to records transferred to the Archivist pursuant to section 2203 of title 44, United States Code, or records for which the National Archives serves as the custodian of the records of an agency or organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt a system of records management that will facilitate the public release of documents at the time such documents are declassified pursuant to the provisions for automatic declassification in section 3.3 of this order.
Sec. 3.3 Automatic Declassification.
(a) Subject to paragraphs (b)–(d) and (g)–(j) of this section, all classified records that (1) are more than 25 years old and (2) have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed. All classified records shall be automatically declassified on December 31 of the year that is 25 years from the date of origin, except as provided in paragraphs (b)–(d) and (g)–(j) of this section. If the date of origin of an individual record cannot be readily determined, the date of original classification shall be used instead.
(b) An agency head may exempt from automatic declassification under paragraph (a) of this section specific information, the release of which should clearly and demonstrably be expected to:
(1) reveal the identity of a confidential human source, a human intelligence source, a relationship with an intelligence or security service of a foreign government or international organization, or a nonhuman intelligence source; or impair the effectiveness of an intelligence method currently in use, available for use, or under development;
(2) reveal information that would assist in the development, production, or use of weapons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or activities;
(4) reveal information that would impair the application of state-of-the-art technology within a U.S. weapon system;
(5) reveal formally named or numbered U.S. military war plans that remain in effect, or reveal operational or tactical elements of prior plans that are contained in such active plans;
(6) reveal information, including foreign government information, that would cause serious harm to relations between the United States and a foreign government, or to ongoing diplomatic activities of the United States;
(7) reveal information that would impair the current ability of United States Government officials to protect the President, Vice President, and other protectees for whom protection services, in the interest of the national security, are authorized;
(8) reveal information that would seriously impair current national security emergency preparedness plans or reveal current vulnerabilities of systems, installations, or infrastructures relating to the national security; or
(9) violate a statute, treaty, or international agreement that does not permit the automatic or unilateral declassification of information at 25 years.
(c)(1) An agency head shall notify the Panel of any specific file series of records for which a review or assessment has determined that the information within that file series almost invariably falls within one or more of the exemption categories listed in paragraph (b) of this section and that the agency proposes to exempt from automatic declassification at 25 years.
(2) The notification shall include:
(A) a description of the file series;
(B) an explanation of why the information within the file series is almost invariably exempt from automatic declassification and why the information must remain classified for a longer period of time; and
(C) except when the information within the file series almost invariably identifies a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, a specific date or event for declassification of the information, not to exceed December 31 of the year that is 50 years from the date of origin of the records.
(3) The Panel may direct the agency not to exempt a designated file series or to declassify the information within that series at an earlier date than recommended. The agency head may appeal such a decision to the President through the National Security Advisor.
(4) File series exemptions approved by the President prior to December 31, 2008, shall remain valid without any additional agency action pending Panel review by the later of December 31, 2010, or December 31 of the year that is 10 years from the date of previous approval.
(d) The following provisions shall apply to the onset of automatic declassification:
(1) Classified records within an integral file block, as defined in this order, that are otherwise subject to automatic declassification under this section shall not be automatically declassified until December 31 of the year that is 25 years from the date of the most recent record within the file block.
(2) After consultation with the Director of the National Declassification Center (the Center) established by section 3.7 of this order and before the records are subject to automatic declassification, an agency head or senior agency official may delay automatic declassification for up to five additional years for classified information contained in media that make a review for possible declassification exemptions more difficult or costly.
(3) Other than for records that are properly exempted from automatic declassification, records containing classified information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies with respect to the classified information and could reasonably be expected to fall under one or more of the exemptions in paragraph (b) of this section shall be identified prior to the onset of automatic declassification for later referral to those agencies.
(A) The information of concern shall be referred by the Center established by section 3.7 of this order, or by the centralized facilities referred to in section 3.7(e) of this order, in a prioritized and scheduled manner determined by the Center.
(B) If an agency fails to provide a final determination on a referral made by the Center within 1 year of referral, or by the centralized facilities referred to in section 3.7(e) of this order within 3 years of referral, its equities in the referred records shall be automatically declassified.
(C) If any disagreement arises between affected agencies and the Center regarding the referral review period, the Director of the Information Security Oversight Office shall determine the appropriate period of review of referred records.
(D) Referrals identified prior to the establishment of the Center by section 3.7 of this order shall be subject to automatic declassification only in accordance with subparagraphs (d)(3)(A)–(C) of this section.
(4) After consultation with the Director of the Information Security Oversight Office, an agency head may delay automatic declassification for up to 3 years from the date of discovery of classified records that were inadvertently not reviewed prior to the effective date of automatic declassification.
(e) Information exempted from automatic declassification under this section shall remain subject to the mandatory and systematic declassification review provisions of this order.
(f) The Secretary of State shall determine when the United States should commence negotiations with the appropriate officials of a foreign government or international organization of governments to modify any treaty or international agreement that requires the classification of information contained in records affected by this section for a period longer than 25 years from the date of its creation, unless the treaty or international agreement pertains to information that may otherwise remain classified beyond 25 years under this section.
(g) The Secretary of Energy shall determine when information concerning foreign nuclear programs that was removed from the Restricted Data category in order to carry out provisions of the National Security Act of 1947, as amended, may be declassified. Unless otherwise determined, such information shall be declassified when comparable information concerning the United States nuclear program is declassified.
(h) Not later than 3 years from the effective date of this order, all records exempted from automatic declassification under paragraphs (b) and (c) of this section shall be automatically declassified on December 31 of a year that is no more than 50 years from the date of origin, subject to the following:
(1) Records that contain information the release of which should clearly and demonstrably be expected to reveal the following are exempt from automatic declassification at 50 years:
(A) the identity of a confidential human source or a human intelligence source; or
(B) key design concepts of weapons of mass destruction.
(2) In extraordinary cases, agency heads may, within 5 years of the onset of automatic declassification, propose to exempt additional specific information from declassification at 50 years.
(3) Records exempted from automatic declassification under this paragraph shall be automatically declassified on December 31 of a year that is no more than 75 years from the date of origin unless an agency head, within 5 years of that date, proposes to exempt specific information from declassification at 75 years and the proposal is formally approved by the Panel.
(i) Specific records exempted from automatic declassification prior to the establishment of the Center described in section 3.7 of this order shall be subject to the provisions of paragraph (h) of this section in a scheduled and prioritized manner determined by the Center.
(j) At least 1 year before information is subject to automatic declassification under this section, an agency head or senior agency official shall notify the Director of the Information Security Oversight Office, serving as Executive Secretary of the Panel, of any specific information that the agency proposes to exempt from automatic declassification under paragraphs (b) and (h) of this section.
(1) The notification shall include:
(A) a detailed description of the information, either by reference to information in specific records or in the form of a declassification guide;
(B) an explanation of why the information should be exempt from automatic declassification and must remain classified for a longer period of time; and
(C) a specific date or a specific and independently verifiable event for automatic declassification of specific records that contain the information proposed for exemption.
(2) The Panel may direct the agency not to exempt the information or to declassify it at an earlier date than recommended. An agency head may appeal such a decision to the President through the National Security Advisor. The information will remain classified while such an appeal is pending.
(k) For information in a file series of records determined not to have permanent historical value, the duration of classification beyond 25 years shall be the same as the disposition (destruction) date of those records in each Agency Records Control Schedule or General Records Schedule, although the duration of classification shall be extended if the record has been retained for business reasons beyond the scheduled disposition date.
Sec. 3.4. Systematic Declassification Review.
(a) Each agency that has originated classified information under this order or its predecessors shall establish and conduct a program for systematic declassification review for records of permanent historical value exempted from automatic declassification under section 3.3 of this order. Agencies shall prioritize their review of such records in accordance with priorities established by the Center.
(b) The Archivist shall conduct a systematic declassification review program for classified records:
(1) accessioned into the National Archives; (2) transferred to the Archivist pursuant to 44 U.S.C. 2203; and (3) for which the National Archives serves as the custodian for an agency or organization that has gone out of existence.
Sec. 3.5. Mandatory Declassification Review.
(a) Except as provided in paragraph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if:
(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;
(2) the document or material containing the information responsive to the request is not contained within an operational file exempted from search and review, publication, and disclosure under 5 U.S.C. 552 in accordance with law; and
(3) the information is not the subject of pending litigation.
(b) Information originated by the incumbent President or the incumbent Vice President; the incumbent President’s White House Staff or the incumbent Vice President’s Staff; committees, commissions, or boards appointed by the incumbent President; or other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents and Vice Presidents under the control of the Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist’s decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for declassification shall declassify information that no longer meets the standards for classification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law.
(d) If an agency has reviewed the requested information for declassification within the past 2 years, the agency need not conduct another review and may instead inform the requester of this fact and the prior review decision and advise the requester of appeal rights provided under subsection (e) of this section.
(e) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel.
(f) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of National Intelligence shall develop special procedures for the review of information pertaining to intelligence sources, methods, and activities; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.
(g) Documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement are not covered by this section.
(h) This section shall not apply to any request for a review made to an element of the Intelligence Community that is made by a person other than an individual as that term is defined by 5 U.S.C. 552a(a)(2), or by a foreign government entity or any representative thereof.
Sec. 3.6. Processing Requests and Reviews. Notwithstanding section 4.1(i) of this order, in response to a request for information under the Freedom of Information Act, the Presidential Records Act, the Privacy Act of 1974, or the mandatory review provisions of this order:
(a) An agency may refuse to confirm or deny the existence or nonexistence of requested records whenever the fact of their existence or nonexistence is itself classified under this order or its predecessors.
(b) When an agency receives any request for documents in its custody that contain classified information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies with respect to the classified information, or identifies such documents in the process of implementing sections 3.3 or 3.4 of this order, it shall refer copies of any request and the pertinent documents to the originating agency for processing and may, after consultation with the originating agency, inform any requester of the referral unless such association is itself classified under this order or its predecessors. In cases in which the originating agency determines in writing that a response under paragraph (a) of this section is required, the referring agency shall respond to the requester in accordance with that paragraph.
(c) Agencies may extend the classification of information in records determined not to have permanent historical value or nonrecord materials, including artifacts, beyond the time frames established in sections 1.5(b) and 2.2(f) of this order, provided:
(1) the specific information has been approved pursuant to section 3.3(j) of this order for exemption from automatic declassification; and
(2) the extension does not exceed the date established in section 3.3(j) of this order.
Sec. 3.7. National Declassification Center. (a) There is established within the National Archives a National Declassification Center to streamline declassification processes, facilitate quality-assurance measures, and implement standardized training regarding the declassification of records determined to have permanent historical value. There shall be a Director of the Center who shall be appointed or removed by the Archivist in consultation with the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, and the Director of National Intelligence.
(b) Under the administration of the Director, the Center shall coordinate:
(1) timely and appropriate processing of referrals in accordance with section 3.3(d)(3) of this order for accessioned Federal records and transferred presidential records.
(2) general interagency declassification activities necessary to fulfill the requirements of sections 3.3 and 3.4 of this order;
(3) the exchange among agencies of detailed declassification guidance to enable the referral of records in accordance with section 3.3(d)(3) of this order;
(4) the development of effective, transparent, and standard declassification work processes, training, and quality assurance measures;
(5) the development of solutions to declassification challenges posed by electronic records, special media, and emerging technologies;
(6) the linkage and effective utilization of existing agency databases and the use of new technologies to document and make public declassification review decisions and support declassification activities under the purview of the Center; and
(7) storage and related services, on a reimbursable basis, for Federal records containing classified national security information.
(c) Agency heads shall fully cooperate with the Archivist in the activities of the Center and shall:
(1) provide the Director with adequate and current declassification guidance to enable the referral of records in accordance with section 3.3(d)(3) of this order; and
(2) upon request of the Archivist, assign agency personnel to the Center who shall be delegated authority by the agency head to review and exempt or declassify information originated by their agency contained in records accessioned into the National Archives, after consultation with subject-matter experts as necessary.
(d) The Archivist, in consultation with representatives of the participants in the Center and after input from the general public, shall develop priorities for declassification activities under the purview of the Center that take into account the degree of researcher interest and the likelihood of declassification.
(e) Agency heads may establish such centralized facilities and internal operations to conduct internal declassification reviews as appropriate to achieve optimized records management and declassification business processes. Once established, all referral processing of accessioned records shall take place at the Center, and such agency facilities and operations shall be coordinated with the Center to ensure the maximum degree of consistency in policies and procedures that relate to records determined to have permanent historical value.
(f) Agency heads may exempt from automatic declassification or continue the classification of their own originally classified information under section 3.3(a) of this order except that in the case of the Director of National Intelligence, the Director shall also retain such authority with respect to the Intelligence Community.
(g) The Archivist shall, in consultation with the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the Information Security Oversight Office, provide the National Security Advisor with a detailed concept of operations for the Center and a proposed implementing directive under section 5.1 of this order that reflects the coordinated views of the aforementioned agencies.
Sec. 4.1. General Restrictions on Access.
(a) A person may have access to classified information provided that:
(1) a favorable determination of eligibility for access has been made by an agency head or the agency head’s designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access to classified information in paragraph (a) of this section shall receive contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.
(c) An official or employee leaving agency service may not remove classified information from the agency’s control or direct that information be declassified in order to remove it from agency control.
(d) Classified information may not be removed from official premises without proper authorization.
(e) Persons authorized to disseminate classified information outside the executive branch shall ensure the protection of the information in a manner equivalent to that provided within the executive branch.
(f) Consistent with law, executive orders, directives, and regulations, an agency head or senior agency official or, with respect to the Intelligence Community, the Director of National Intelligence, shall establish uniform procedures to ensure that automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store classified information:
(1) prevent access by unauthorized persons;
(2) ensure the integrity of the information; and
(3) to the maximum extent practicable, use:
(A) common information technology standards, protocols, and interfaces that maximize the availability of, and access to, the information in a form and manner that facilitates its authorized use; and
(B) standardized electronic formats to maximize the accessibility of information to persons who meet the criteria set forth in section 4.1(a) of this order.
(g) Consistent with law, executive orders, directives, and regulations, each agency head or senior agency official, or with respect to the Intelligence Community, the Director of National Intelligence, shall establish controls to ensure that classified information is used, processed, stored, reproduced, transmitted, and destroyed under conditions that provide adequate protection and prevent access by unauthorized persons.
(h) Consistent with directives issued pursuant to this order, an agency shall safeguard foreign government information under standards that provide a degree of protection at least equivalent to that required by the government or international organization of governments that furnished the information. When adequate to achieve equivalency, these standards may be less restrictive than the safeguarding standards that ordinarily apply to U.S. “Confidential” information, including modified handling and transmission and allowing access to individuals with a need-to-know who have not otherwise been cleared for access to classified information or executed an approved nondisclosure agreement.
(i)(1) Classified information originating in one agency may be disseminated to another agency or U.S. entity by any agency to which it has been made available without the consent of the originating agency, as long as the criteria for access under section 4.1(a) of this order are met, unless the originating agency has determined that prior authorization is required for such dissemination and has marked or indicated such requirement on the medium containing the classified information in accordance with implementing directives issued pursuant to this order.
(2) Classified information originating in one agency may be disseminated by any other agency to which it has been made available to a foreign government in accordance with statute, this order, directives implementing this order, direction of the President, or with the consent of the originating agency. For the purposes of this section, “foreign government” includes any element of a foreign government, or an international organization of governments, or any element thereof.
(3) Documents created prior to the effective date of this order shall not be disseminated outside any other agency to which they have been made available without the consent of the originating agency. An agency head or senior agency official may waive this requirement for specific information that originated within that agency.
(4) For purposes of this section, the Department of Defense shall be considered one agency, except that any dissemination of information regarding intelligence sources, methods, or activities shall be consistent with directives issued pursuant to section 6.2(b) of this order.
(5) Prior consent of the originating agency is not required when referring records for declassification review that contain information originating in more than one agency.
Sec. 4.2 Distribution Controls.
(a) The head of each agency shall establish procedures in accordance with applicable law and consistent with directives issued pursuant to this order to ensure that classified information is accessible to the maximum extent possible by individuals who meet the criteria set forth in section 4.1(a) of this order.
(b) In an emergency, when necessary to respond to an imminent threat to life or in defense of the homeland, the agency head or any designee may authorize the disclosure of classified information (including information marked pursuant to section 4.1(i)(1) of this order) to an individual or individuals who are otherwise not eligible for access. Such actions shall be taken only in accordance with directives implementing this order and any procedure issued by agencies governing the classified information, which shall be designed to minimize the classified information that is disclosed under these circumstances and the number of individuals who receive it. Information disclosed under this provision or implementing directives and procedures shall not be deemed declassified as a result of such disclosure or subsequent use by a recipient. Such disclosures shall be reported promptly to the originator of the classified information. For purposes of this section, the Director of National Intelligence may issue an implementing directive governing the emergency disclosure of classified intelligence information.
(c) Each agency shall update, at least annually, the automatic, routine, or recurring distribution mechanism for classified information that it distributes. Recipients shall cooperate fully with distributors who are updating distribution lists and shall notify distributors whenever a relevant change in status occurs.
Sec. 4.3. Special Access Programs. (a) Establishment of special access programs. Unless otherwise authorized by the President, only the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, and the Director of National Intelligence, or the principal deputy of each, may create a special access program. For special access programs pertaining to intelligence sources, methods, and activities (but not including military operational, strategic, and tactical programs), this function shall be exercised by the Director of National Intelligence. These officials shall keep the number of these programs at an absolute minimum, and shall establish them only when the program is required by statute or upon a specific finding that:
(1) the vulnerability of, or threat to, specific information is exceptional; and
(2) the normal criteria for determining eligibility for access applicable to information classified at the same level are not deemed sufficient to protect the information from unauthorized disclosure.
(b) Requirements and limitations.
(1) Special access programs shall be limited to programs in which the number of persons who ordinarily will have access will be reasonably small and commensurate with the objective of providing enhanced protection for the information involved.
(2) Each agency head shall establish and maintain a system of accounting for special access programs consistent with directives issued pursuant to this order.
(3) Special access programs shall be subject to the oversight program established under section 5.4(d) of this order. In addition, the Director of the Information Security Oversight Office shall be afforded access to these programs, in accordance with the security requirements of each program, in order to perform the functions assigned to the Information Security Oversight Office under this order. An agency head may limit access to a special access program to the Director of the Information Security Oversight Office and no more than one other employee of the Information Security Oversight Office or, for special access programs that are extraordinarily sensitive and vulnerable, to the Director only.
(4) The agency head or principal deputy shall review annually each special access program to determine whether it continues to meet the requirements of this order.
(5) Upon request, an agency head shall brief the National Security Advisor, or a designee, on any or all of the agency’s special access programs.
(6) For the purposes of this section, the term “agency head” refers only to the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, and the Director of National Intelligence, or the principal deputy of each.
(c) Nothing in this order shall supersede any requirement made by or under 10 U.S.C. 119.
Sec. 4.4. Access by Historical Researchers and Certain Former Government Personnel.
(a) The requirement in section 4.1(a)(3) of this order that access to classified information may be granted only to individuals who have a need-to-know the information may be waived for persons who:
(1) are engaged in historical research projects;
(2) previously have occupied senior policy-making positions to which they were appointed or designated by the President or the Vice President; or
(3) served as President or Vice President.
(b) Waivers under this section may be granted only if the agency head or senior agency official of the originating agency:
(1) determines in writing that access is consistent with the interest of the national security;
(2) takes appropriate steps to protect classified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with this order; and
(3) limits the access granted to former Presidential appointees or designees and Vice Presidential appointees or designees to items that the person originated, reviewed, signed, or received while serving as a Presidential or Vice Presidential appointee or designee.
Sec. 5.1. Program Direction. (a) The Director of the Information Security Oversight Office, under the direction of the Archivist and in consultation with the National Security Advisor, shall issue such directives as are necessary to implement this order. These directives shall be binding on the agencies. Directives issued by the Director of the Information Security Oversight Office shall establish standards for:
(1) classification, declassification, and marking principles;
(2) safeguarding classified information, which shall pertain to the handling, storage, distribution, transmittal, and destruction of and accounting for classified information;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the implementation and monitoring functions of this program to the Director of the Information Security Oversight Office.
(c) The Director of National Intelligence, after consultation with the heads of affected agencies and the Director of the Information Security Oversight Office, may issue directives to implement this order with respect to the protection of intelligence sources, methods, and activities. Such directives shall be consistent with this order and directives issued under paragraph (a) of this section.
Sec. 5.2. Information Security Oversight Office. (a) There is established within the National Archives an Information Security Oversight Office. The Archivist shall appoint the Director of the Information Security Oversight Office, subject to the approval of the President.
(b) Under the direction of the Archivist, acting in consultation with the National Security Advisor, the Director of the Information Security Oversight Office shall:
(1) develop directives for the implementation of this order;
(2) oversee agency actions to ensure compliance with this order and its implementing directives;
(3) review and approve agency implementing regulations prior to their issuance to ensure their consistency with this order and directives issued under section 5.1(a) of this order;
(4) have the authority to conduct on-site reviews of each agency’s program established under this order, and to require of each agency those reports and information and other cooperation that may be necessary to fulfill its responsibilities. If granting access to specific categories of classified information would pose an exceptional national security risk, the affected agency head or the senior agency official shall submit a written justification recommending the denial of access to the President through the National Security Advisor within 60 days of the request for access. Access shall be denied pending the response;
(5) review requests for original classification authority from agencies or officials not granted original classification authority and, if deemed appropriate, recommend Presidential approval through the National Security Advisor;
(6) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the program established under this order;
(7) have the authority to prescribe, after consultation with affected agencies, standardization of forms or procedures that will promote the implementation of the program established under this order;
(8) report at least annually to the President on the implementation of this order; and
(9) convene and chair interagency meetings to discuss matters pertaining to the program established by this order.
Sec. 5.3. Interagency Security Classification Appeals Panel.
(a) Establishment and administration.
(1) There is established an Interagency Security Classification Appeals Panel. The Departments of State, Defense, and Justice, the National Archives, the Office of the Director of National Intelligence, and the National Security Advisor shall each be represented by a senior-level representative who is a full-time or permanent part-time Federal officer or employee designated to serve as a member of the Panel by the respective agency head. The President shall designate a Chair from among the members of the Panel.
(2) Additionally, the Director of the Central Intelligence Agency may appoint a temporary representative who meets the criteria in paragraph (a)(1) of this section to participate as a voting member in all Panel deliberations and associated support activities concerning classified information originated by the Central Intelligence Agency.
(3) A vacancy on the Panel shall be filled as quickly as possible as provided in paragraph (a)(1) of this section.
(4) The Director of the Information Security Oversight Office shall serve as the Executive Secretary of the Panel. The staff of the Information Security Oversight Office shall provide program and administrative support for the Panel.
(5) The members and staff of the Panel shall be required to meet eligibility for access standards in order to fulfill the Panel’s functions.
(6) The Panel shall meet at the call of the Chair. The Chair shall schedule meetings as may be necessary for the Panel to fulfill its functions in a timely manner.
(7) The Information Security Oversight Office shall include in its reports to the President a summary of the Panel’s activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have filed classification challenges under section 1.8 of this order;
(2) approve, deny, or amend agency exemptions from automatic declassification as provided in section 3.3 of this order;
(3) decide on appeals by persons or entities who have filed requests for mandatory declassification review under section 3.5 of this order; and
(4) appropriately inform senior agency officials and the public of final Panel decisions on appeals under sections 1.8 and 3.5 of this order.
(c) Rules and procedures. The Panel shall issue bylaws, which shall be published in the Federal Register. The bylaws shall establish the rules and procedures that the Panel will follow in accepting, considering, and issuing decisions on appeals. The rules and procedures of the Panel shall provide that the Panel will consider appeals only on actions in which:
(1) the appellant has exhausted his or her administrative remedies within the responsible agency;
(2) there is no current action pending on the issue within the Federal courts; and
(3) the information has not been the subject of review by the Federal courts or the Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the Panel so that it can fulfill its functions in a timely and fully informed manner. The Panel shall report to the President through the National Security Advisor any instance in which it believes that an agency head is not cooperating fully with the Panel.
(e) The Panel is established for the sole purpose of advising and assisting the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States. Panel decisions are committed to the discretion of the Panel, unless changed by the President.
(f) An agency head may appeal a decision of the Panel to the President through the National Security Advisor. The information shall remain classified pending a decision on the appeal.
Sec. 5.4. General Responsibilities. Heads of agencies that originate or handle classified information shall:
(a) demonstrate personal commitment and commit senior management to the successful implementation of the program established under this order;
(b) commit necessary resources to the effective implementation of the program established under this order;
(c) ensure that agency records systems are designed and maintained to optimize the appropriate sharing and safeguarding of classified information, and to facilitate its declassification under the terms of this order when it no longer meets the standards for continued classification; and
(d) designate a senior agency official to direct and administer the program, whose responsibilities shall include:
(1) overseeing the agency’s program established under this order, provided an agency head may designate a separate official to oversee special access programs authorized under this order. This official shall provide a full accounting of the agency’s special access programs at least annually;
(2) promulgating implementing regulations, which shall be published in the Federal Register to the extent that they affect members of the public;
(3) establishing and maintaining security education and training programs;
(4) establishing and maintaining an ongoing self-inspection program, which shall include the regular reviews of representative samples of the agency’s original and derivative classification actions, and shall authorize appropriate agency officials to correct misclassification actions not covered by sections 1.7(c) and 1.7(d) of this order; and reporting annually to the Director of the Information Security Oversight Office on the agency’s self-inspection program;
(5) establishing procedures consistent with directives issued pursuant to this order to prevent unnecessary access to classified information, including procedures that:
(A) require that a need for access to classified information be established before initiating administrative clearance procedures; and
(B) ensure that the number of persons granted access to classified information meets the mission needs of the agency while also satisfying operational and security requirements and needs;
(6) developing special contingency plans for the safeguarding of classified information used in or near hostile or potentially hostile areas;
(7) ensuring that the performance contract or other system used to rate civilian or military personnel performance includes the designation and management of classified information as a critical element or item to be evaluated in the rating of:
(A) original classification authorities;
(B) security managers or security specialists; and
(C) all other personnel whose duties significantly involve the creation or handling of classified information, including personnel who regularly apply derivative classification markings;
(8) accounting for the costs associated with the implementation of this order, which shall be reported to the Director of the Information Security Oversight Office for publication;
(9) assigning in a prompt manner agency personnel to respond to any request, appeal, challenge, complaint, or suggestion arising out of this order that pertains to classified information that originated in a component of the agency that no longer exists and for which there is no clear successor in function; and
(10) establishing a secure capability to receive information, allegations, or complaints regarding over-classification or incorrect classification within the agency and to provide guidance to personnel on proper classification as needed.
Sec. 5.5. Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation of this order or its implementing directives has occurred, the Director shall make a report to the head of the agency or to the senior agency official so that corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States Government, and its contractors, licensees, certificate holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information properly classified under this order or predecessor orders;
(2) classify or continue the classification of information in violation of this order or any implementing directive;
(3) create or continue a special access program contrary to the requirements of this order; or
(4) contravene any other provision of this order or its implementing directives.
(c) Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation.
(d) The agency head, senior agency official, or other supervisory official shall, at a minimum, promptly remove the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when a violation or infraction under paragraph (b) of this section occurs; and
(2) notify the Director of the Information Security Oversight Office when a violation under paragraph (b)(1), (2), or (3) of this section occurs.
Sec. 6.1. Definitions. For purposes of this order:
(a) “Access” means the ability or opportunity to gain knowledge of classified information.
(b) “Agency” means any “Executive agency,” as defined in 5 U.S.C. 105; any “Military department” as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.
(c) “Authorized holder” of classified information means anyone who satisfies the conditions for access stated in section 4.1(a) of this order.
(d) “Automated information system” means an assembly of computer hardware, software, or firmware configured to collect, create, communicate, compute, disseminate, process, store, or control data or information.
(e) “Automatic declassification” means the declassification of information based solely upon:
(1) the occurrence of a specific date or event as determined by the original classification authority; or
(2) the expiration of a maximum time frame for duration of classification established under this order.
(f) “Classification” means the act or process by which information is determined to be classified information.
(g) “Classification guidance” means any instruction or source that prescribes the classification of specific information.
(h) “Classification guide” means a documentary form of classification guidance issued by an original classification authority that identifies the elements of information regarding a specific subject that must be classified and establishes the level and duration of classification for each such element.
(i) “Classified national security information” or “classified information” means information that has been determined pursuant to this order or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.
(j) “Compilation” means an aggregation of preexisting unclassified items of information.
(k) “Confidential source” means any individual or organization that has provided, or that may reasonably be expected to provide, information to the United States on matters pertaining to the national security with the expectation that the information or relationship, or both, are to be held in confidence.
(l) “Damage to the national security” means harm to the national defense or foreign relations of the United States from the unauthorized disclosure of information, taking into consideration such aspects of the information as the sensitivity, value, utility, and provenance of that information.
(m) “Declassification” means the authorized change in the status of information from classified information to unclassified information.
(n) “Declassification guide” means written instructions issued by a declassification authority that describes the elements of information regarding a specific subject that may be declassified and the elements that must remain classified.
(o) “Derivative classification” means the incorporating, paraphrasing, restating, or generating in new form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information. Derivative classification includes the classification of information based on classification guidance. The duplication or reproduction of existing classified information is not derivative classification.
(p) “Document” means any recorded information, regardless of the nature of the medium or the method or circumstances of recording.
(q) “Downgrading” means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level.
(r) “File series” means file units or documents arranged according to a filing system or kept together because they relate to a particular subject or function, result from the same activity, document a specific kind of transaction, take a particular physical form, or have some other relationship arising out of their creation, receipt, or use, such as restrictions on access or use.
(s) “Foreign government information” means:
(1) information provided to the United States Government by a foreign government or governments, an international organization of governments, or any element thereof, with the expectation that the information, the source of the information, or both, are to be held in confidence;
(2) information produced by the United States Government pursuant to or as a result of a joint arrangement with a foreign government or governments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence; or
(3) information received and treated as “foreign government information” under the terms of a predecessor order.
(t) “Information” means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government.
(u) “Infraction” means any knowing, willful, or negligent action contrary to the requirements of this order or its implementing directives that does not constitute a “violation,” as defined below.
(v) “Integral file block” means a distinct component of a file series, as defined in this section, that should be maintained as a separate unit in order to ensure the integrity of the records. An integral file block may consist of a set of records covering either a specific topic or a range of time, such as a Presidential administration or a 5-year retirement schedule within a specific file series that is retired from active use as a group. For purposes of automatic declassification, integral file blocks shall contain only records dated within 10 years of the oldest record in the file block.
(w) “Integrity” means the state that exists when information is unchanged from its source and has not been accidentally or intentionally modified, altered, or destroyed.
(x) “Intelligence” includes foreign intelligence and counterintelligence as defined by Executive Order 12333 of December 4, 1981, as amended, or by a successor order.
(y) “Intelligence activities” means all activities that elements of the Intelligence Community are authorized to conduct pursuant to law or Executive Order 12333, as amended, or a successor order.
(z) “Intelligence Community” means an element or agency of the U.S. Government identified in or designated pursuant to section 3(4) of the National Security Act of 1947, as amended, or section 3.5(h) of Executive Order 12333, as amended.
(aa) “Mandatory declassification review” means the review for declassification of classified information in response to a request for declassification that meets the requirements under section 3.5 of this order.
(bb) “Multiple sources” means two or more source documents, classification guides, or a combination of both.
(cc) “National security” means the national defense or foreign relations of the United States.
(dd) “Need-to-know” means a determination within the executive branch in accordance with directives issued pursuant to this order that a prospective recipient requires access to specific classified information in order to perform or assist in a lawful and authorized governmental function.
(ee) “Network” means a system of two or more computers that can exchange data or information.
(ff) “Original classification” means an initial determination that information requires, in the interest of the national security, protection against unauthorized disclosure.
(gg) “Original classification authority” means an individual authorized in writing, either by the President, the Vice President, or by agency heads or other officials designated by the President, to classify information in the first instance.
(hh) “Records” means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency’s control under the terms of the contract, license, certificate, or grant.
(ii) “Records having permanent historical value” means Presidential papers or Presidential records and the records of an agency that the Archivist has determined should be maintained permanently in accordance with title 44, United States Code.
(jj) “Records management” means the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations.
(kk) “Safeguarding” means measures and controls that are prescribed to protect classified information.
(ll) “Self-inspection” means the internal review and evaluation of individual agency activities and the agency as a whole with respect to the implementation of the program established under this order and its implementing directives.
(mm) “Senior agency official” means the official designated by the agency head under section 5.4(d) of this order to direct and administer the agency’s program under which information is classified, safeguarded, and declassified.
(nn) “Source document” means an existing document that contains classified information that is incorporated, paraphrased, restated, or generated in new form into a new document.
(oo) “Special access program” means a program established for a specific class of classified information that imposes safeguarding and access requirements that exceed those normally required for information at the same classification level.
(pp) “Systematic declassification review” means the review for declassification of classified information contained in records that have been determined by the Archivist to have permanent historical value in accordance with title 44, United States Code.
(qq) “Telecommunications” means the preparation, transmission, or communication of information by electronic means.
(rr) “Unauthorized disclosure” means a communication or physical transfer of classified information to an unauthorized recipient.
(ss) “U.S. entity” includes:
(1) State, local, or tribal governments;
(2) State, local, and tribal law enforcement and firefighting entities;
(3) public health and medical entities;
(4) regional, state, local, and tribal emergency management entities, including State Adjutants General and other appropriate public safety entities; or
(5) private sector entities serving as part of the nation’s Critical Infrastructure/Key Resources.
(tt) “Violation” means:
(1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information;
(2) any knowing, willful, or negligent action to classify or continue the classification of information contrary to the requirements of this order or its implementing directives; or
(3) any knowing, willful, or negligent action to create or continue a special access program contrary to the requirements of this order.
(uu) “Weapons of mass destruction” means any weapon of mass destruction as defined in 50 U.S.C. 1801(p).
Sec. 6.2. General Provisions. (a) Nothing in this order shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended, or the National Security Act of 1947, as amended. “Restricted Data” and “Formerly Restricted Data” shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act.
(b) The Director of National Intelligence may, with respect to the Intelligence Community and after consultation with the heads of affected departments and agencies, issue such policy directives and guidelines as the Director of National Intelligence deems necessary to implement this order with respect to the classification and declassification of all intelligence and intelligence-related information, and for access to and dissemination of all intelligence and intelligence-related information, both in its final form and in the form when initially gathered. Procedures or other guidance issued by Intelligence Community element heads shall be in accordance with such policy directives or guidelines issued by the Director of National Intelligence. Any such policy directives or guidelines issued by the Director of National Intelligence shall be in accordance with directives issued by the Director of the Information Security Oversight Office under section 5.1(a) of this order.
(c) The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpretation of this order with respect to any question arising in the course of its administration.
(d) Nothing in this order limits the protection afforded any information by other provisions of law, including the Constitution, Freedom of Information Act exemptions, the Privacy Act of 1974, and the National Security Act of 1947, as amended. This order is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The foregoing is in addition to the specific provisos set forth in sections 1.1(b), 3.1(c) and 5.3(e) of this order.
(e) Nothing in this order shall be construed to obligate action or otherwise affect functions by the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(f) This order shall be implemented subject to the availability of appropriations.
(g) Executive Order 12958 of April 17, 1995, and amendments thereto, including Executive Order 13292 of March 25, 2003, are hereby revoked as of the effective date of this order.
Sec. 6.3. Effective Date. This order is effective 180 days from the date of this order, except for sections 1.7, 3.3, and 3.7, which are effective immediately.
Sec. 6.4. Publication. The Archivist of the United States shall publish this Executive Order in the Federal Register.
Barack Obama.
Term of State, Local, Tribal, and Private Sector Policy Advisory Committee extended until Sept. 30, 2027, by Ex. Ord. No. 14354, Sept. 29, 2025, 90 F.R. 48145, set out as a note under section 1013 of Title 5, Government Organization and Employees.
Previous extensions of term of State, Local, Tribal, and Private Sector Policy Advisory Committee were contained in the following prior Executive Orders:
Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, extended term until Sept. 30, 2025.
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, extended term until Sept. 30, 2013.
Memorandum of President of the United States, Dec. 29, 2009, 75 F.R. 733, provided:
Memorandum for the Heads of Executive Departments and Agencies
Today I have signed an executive order [Ex. Ord. No. 13526, set out above] entitled, “Classified National Security Information” (the “order”), which substantially advances my goals for reforming the security classification and declassification processes. I expect that the order will produce measurable progress towards greater openness and transparency in the Government’s classification and declassification programs while protecting the Government’s legitimate interests, and I will closely monitor the results. I also look forward to reviewing recommendations from the study that the National Security Advisor will undertake in cooperation with the Public Interest Declassification Board to design a more fundamental transformation of the security classification system. To further assist in fulfilling the goal of measurable progress toward greater openness and transparency, I hereby direct the following actions.
1. Initial Implementation Efforts.
Successful implementation of the order requires personal commitment from the heads of departments and agencies, as well as their senior officials. It also requires effective security education and training programs, self-inspection programs, and measures designed to hold personnel accountable.
In accordance with section 5.4 of the order, the head of each department and agency that creates or handles classified information shall provide the Director of the Information Security Oversight Office (ISOO) a copy of the department or agency regulations implementing the requirements of the order. Such regulations shall be issued in final form within 180 days of ISOO’s publication of its implementing directive for the order. The Director of ISOO shall consider agency actions to implement the requirements of section 5.4 of the order as a key element in planning oversight of agencies. Each senior agency official designated under section 5.4(d) of the order shall provide ISOO with updates concerning agency plans and other actions to implement the requirements of the order. The Director of ISOO shall publish a periodic status report on agency implementation.
2. Declassification of Records of Permanent Historical Value.
Under the direction of the National Declassification Center (NDC), and utilizing recommendations of an ongoing Business Process Review in support of the NDC, referrals and quality assurance problems within a backlog of more than 400 million pages of accessioned Federal records previously subject to automatic declassification shall be addressed in a manner that will permit public access to all declassified records from this backlog no later than December 31, 2013. In order to promote the efficient and effective utilization of finite resources available for declassification, further referrals of these records are not required except for those containing information that would clearly and demonstrably reveal: (a) the identity of a confidential human source or a human intelligence source; or (b) key design concepts of weapons of mass destruction.
The Secretaries of State, Defense, and Energy, and the Director of National Intelligence shall provide the Archivist of the United States with sufficient guidance to complete this task. The Archivist shall make public a report on the status of the backlog every 6 months.
3. Delegation of Original Classification Authority.
Delegations of original classification authority shall be limited to the minimum necessary to implement the order and only those individuals or positions with a demonstrable and continuing need to exercise such authority shall be delegated original classification authority.
Accordingly, heads of departments and agencies with original classification authority shall commence a review to ensure that all delegations of original classification authority are so limited and otherwise in accordance with section 1.3(c) of the order. Each department and agency shall submit a report on the results of this review to the Director of ISOO within 120 days of the date of this memorandum.
4. Promotion of New Technologies to Support Declassification.
Striking the critical balance between openness and secrecy is a difficult but necessary part of our democratic form of government. Striking this balance becomes more difficult as the volume and complexity of the information increases. Improving the capability of departments and agencies to identify still-sensitive information and to make declassified information available to the public are integral parts of the classification system.
Therefore, I am directing that the Secretary of Defense and the Director of National Intelligence each support research to assist the NDC in addressing the cross-agency challenges associated with declassification.
5. Publication. The Archivist of the United States is authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Order of President of the United States, dated Dec. 29, 2009, 75 F.R. 735, provided:
Pursuant to the provisions of section 1.3 of the Executive Order issued today [Ex. Ord. No. 13526, set out above], entitled “Classified National Security Information” (Executive Order), I hereby designate the following officials to classify information originally as “Top Secret” or “Secret”:
Executive Office of the President:
The Assistant to the President and Chief of Staff
The Assistant to the President for National Security Affairs (National Security Advisor)
The Assistant to the President for Homeland Security and Counterterrorism
The Director of National Drug Control Policy
The Director, Office of Science and Technology Policy
The Chair or Co-Chairs, President’s Intelligence Advisory Board
Departments and Agencies:
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Attorney General
The Secretary of Energy
The Secretary of Homeland Security
The Director of National Intelligence
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Chairman, Nuclear Regulatory Commission
The Director of the Central Intelligence Agency
The Administrator of the National Aeronautics and Space Administration
The Director, Information Security Oversight Office
Executive Office of the President:
The United States Trade Representative
Departments and Agencies:
The Secretary of Agriculture
The Secretary of Commerce
The Secretary of Health and Human Services
The Secretary of Transportation
The Administrator of the United States Agency for International Development
The Administrator of the Environmental Protection Agency
Any delegation of this authority shall be in accordance with section 1.3(c) of the Executive Order, except that the Director of the Information Security Oversight Office, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency may not delegate the authority granted in this order. If an agency head without original classification authority under this order, or otherwise delegated in accordance with section 1.3(c) of the Executive Order, has an exceptional need to classify information originated by their agency, the matter shall be referred to the agency head with appropriate subject matter interest and classification authority in accordance with section 1.3(e) of the Executive Order. If the agency with appropriate subject matter interest and classification authority cannot readily be determined, the matter shall be referred to the Director of the Information Security Oversight Office.
Presidential designations ordered prior to the issuance of the Executive Order are revoked as of the date of this order. However, delegations of authority to classify information originally that were made in accordance with the provisions of section 1.4 of Executive Order 12958 of April 17, 1995 [formerly set out above], as amended, by officials designated under this order shall continue in effect, provided that the authority of such officials is delegable under this order.
This order shall be published in the Federal Register.
Barack Obama.
Ex. Ord. No. 13010, § 7(b), July 15, 1996, 61 F.R. 37347, as amended, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
Order of President of the United States, dated Oct. 13, 1995, 60 F.R. 53845, formerly set out as a note under this section.
Order of President of the United States, dated Feb. 27, 1996, 61 F.R. 7977, formerly set out as a note under this section.
Order of President of the United States, dated Feb. 26, 1997, 62 F.R. 9349, formerly set out as a note under this section.
Order of President of the United States, dated Dec. 10, 2001, 66 F.R. 64347, formerly set out as a note under this section.
Order of President of the United States, dated May 6, 2002, 67 F.R. 31109, formerly set out as a note under this section.
Order of President of the United States, dated Sept. 26, 2002, 67 F.R. 61465, formerly set out as a note under this section.
Order of President of the United States, dated Sept. 17, 2003, 68 F.R. 55257, formerly set out as a note under this section.
Order of President of the United States, dated Apr. 21, 2005, 70 F.R. 21609, formerly set out as a note under this section.
Any authorized investigative agency may request from any financial agency, financial institution, or holding company, or from any consumer reporting agency, such financial records, other financial information, and consumer reports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security determination. Any authorized investigative agency may also request records maintained by any commercial entity within the United States pertaining to travel by an employee in the executive branch of Government outside the United States.
Requests may be made under this section where—
the records sought pertain to a person who is or was an employee in the executive branch of Government required by the President in an Executive order or regulation, as a condition of access to classified information, to provide consent, during a background investigation and for such time as access to the information is maintained, and for a period of not more than three years thereafter, permitting access to financial records, other financial information, consumer reports, and travel records; and
there are reasonable grounds to believe, based on credible information, that the person is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power;
information the employing agency deems credible indicates the person has incurred excessive indebtedness or has acquired a level of affluence which cannot be explained by other information known to the agency; or
circumstances indicate the person had the capability and opportunity to disclose classified information which is known to have been lost or compromised to a foreign power or an agent of a foreign power.
Each such request—
shall be accompanied by a written certification signed by the department or agency head or deputy department or agency head concerned, or by a senior official designated for this purpose by the department or agency head concerned (whose rank shall be no lower than Assistant Secretary or Assistant Director), and shall certify that—
the person concerned is or was an employee within the meaning of paragraph (2)(A);
the request is being made pursuant to an authorized inquiry or investigation and is authorized under this section; and
the records or information to be reviewed are records or information which the employee has previously agreed to make available to the authorized investigative agency for review;
shall contain a copy of the agreement referred to in subparagraph (A)(iii);
shall identify specifically or by category the records or information to be reviewed; and
shall inform the recipient of the request of the prohibition described in subsection (b).
If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).
The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in—
a danger to the national security of the United States;
interference with a criminal, counterterrorism, or counterintelligence investigation;
interference with diplomatic relations; or
danger to the life or physical safety of any person.
A governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
those persons to whom disclosure is necessary in order to comply with the request;
an attorney in order to obtain legal advice or assistance regarding the request; or
other persons as permitted by the head of the authorized investigative agency described in subsection (a) or a designee.
A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.
Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.
A request under subsection (a) or a nondisclosure requirement imposed in connection with such request under subsection (b) shall be subject to judicial review under section 3511 of title 18 .
A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).
Notwithstanding any other provision of law (other than section 6103 of title 26), an entity receiving a request for records or information under subsection (a) shall, if the request satisfies the requirements of this section, make available such records or information within 30 days for inspection or copying, as may be appropriate, by the agency requesting such records or information.
Any entity (including any officer, employee, or agent thereof) that discloses records or information for inspection or copying pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be liable for any such disclosure to any person under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.
Any agency requesting records or information under this section may, subject to the availability of appropriations, reimburse a private entity for any cost reasonably incurred by such entity in responding to such request, including the cost of identifying, reproducing, or transporting records or other data.
An agency receiving records or information pursuant to a request under this section may disseminate the records or information obtained pursuant to such request outside the agency only—
to the agency employing the employee who is the subject of the records or information;
to the Department of Justice for law enforcement or counterintelligence purposes; or
with respect to dissemination to an agency of the United States, if such information is clearly relevant to the authorized responsibilities of such agency.
Nothing in this section may be construed to affect the authority of an investigative agency to obtain information pursuant to the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.).
Section effective 180 days after Oct. 14, 1994, see section 802(c) of Pub. L. 103–359, set out as a note under section 3161 of this title.
The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States.
The duties of the Security Executive Agent are as follows:
To direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any Federal agency.
To review the national security background investigation and adjudication programs of Federal agencies to determine whether such programs are being implemented in accordance with this section.
To develop and issue uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position.
Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position, as applicable.
Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order No. 12968 (50 U.S.C. 3161 note; relating to access to classified information).
To review and approve the policies of the Federal agencies that ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among Federal agencies, and to act as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility.
To execute all other duties assigned to the Security Executive Agent by law.
The Security Executive Agent shall—
issue guidelines and instructions to the heads of Federal agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position, including such matters as investigations, polygraphs, adjudications, and reciprocity;
have the authority to grant exceptions to, or waivers of, national security investigative requirements, including issuing implementing or clarifying guidance, as necessary;
have the authority to assign, in whole or in part, to the head of any Federal agency (solely or jointly) any of the duties of the Security Executive Agent described in subsection (b) or the authorities described in paragraphs (1) and (2), provided that the exercise of such assigned duties or authorities is subject to the oversight of the Security Executive Agent, including such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate;
define and set standards for continuous vetting for continued access to classified information and for eligibility to hold a sensitive position; and
issue guidelines and instructions to the heads of Federal agencies to ensure that any individual who was appointed by the President to a position in an element of the intelligence community but is no longer employed by the Federal Government shall maintain a security clearance only in accordance with Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information), or successor order.
Pub. L. 118–159, div. F, title LXVI, § 6601(b), Dec. 23, 2024, 138 Stat. 2501, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Director of National Intelligence, or such other officer of the United States acting as the Security Executive Agent pursuant to subsection (a) of section 803 of the National Security Act of 1947 ( 50 U.S.C. 3162a ), shall submit to the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the guidelines and instructions required by subsection (c)(5) of such section, as added by subsection (a) of this section.”
Pub. L. 117–263, div. F, title LXVI, § 6604, Dec. 23, 2022, 136 Stat. 3558, provided that:
“(a) Standards Required.— “(1) In general .— Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall, in the Director’s capacity as the Security Executive Agent pursuant to section 803(a) of the National Security Act of 1947 ( 50 U.S.C. 3162a(a) ), issue standards for timeliness for Federal agencies to administer polygraphs conducted for the purpose of— “(A) adjudicating decisions regarding eligibility for access to classified information (as defined in the procedures established pursuant to section 801(a) of the National Security Act of 1947 ( 50 U.S.C. 3161(a) )); and “(B) granting reciprocity pursuant to Security Executive Agent Directive 2, or successor directive. “(2) Publication .— The Director shall publish the standards issued under paragraph (1) in the Federal Register or such other venue as the Director considers appropriate. “(b) Report Required .— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to Congress a report on how Federal agencies will comply with the standards issued under subsection (a). Such plan shall specify the resources required by Federal agencies to comply with such standards and the timeline for doing so.”
Pub. L. 117–263, div. F, title LXVI, § 6605, Dec. 23, 2022, 136 Stat. 3559, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall, in the Director’s capacity as the Security Executive Agent pursuant to section 803(a) of the National Security Act of 1947 ( 50 U.S.C. 3162a(a) ), issue a policy that allows a private person to submit a certain number or proportion of applications, on a nonreimbursable basis, for employee access to classified information for personnel who perform key management and oversight functions who may not merit an application due to their work under any one contract.”
Except as otherwise specifically provided, the provisions of this subchapter shall not apply to the President and Vice President, Members of the Congress, Justices of the Supreme Court, and Federal judges appointed by the President.
Section effective 180 days after Oct. 14, 1994, see section 802(c) of Pub. L. 103–359, set out as a note under section 3161 of this title.
For purposes of this subchapter—
the term “authorized investigative agency” means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information;
the term “classified information” means any information that has been determined pursuant to Executive Order No. 12356 of April 2, 1982, or successor orders, or the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], to require protection against unauthorized disclosure and that is so designated;
the term “consumer reporting agency” has the meaning given such term in section 1681a of title 15;
the term “employee” includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, except as otherwise determined by the President;
the terms “foreign power” and “agent of a foreign power” have the same meanings as set forth in subsections (a) and (b) of section 1801, respectively, of this title;
the term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, and any other possession of the United States; and
the term “computer” means any electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device.
Section effective 180 days after Oct. 14, 1994, see section 802(c) of Pub. L. 103–359, set out as a note under section 3161 of this title.
SUBCHAPTER VII— APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES
Notwithstanding any provision of law identified in section 3174 of this title , the President may stay the imposition of an economic, cultural, diplomatic, or other sanction or related action by the United States Government concerning a foreign country, organization, or person when the President determines and reports to Congress in accordance with section 3173 of this title that to proceed without delay would seriously risk the compromise of an ongoing criminal investigation directly related to the activities giving rise to the sanction or an intelligence source or method directly related to the activities giving rise to the sanction. Any such stay shall be effective for a period of time specified by the President, which period may not exceed 120 days, unless such period is extended in accordance with section 3172 of this title .
Whenever the President determines and reports to Congress in accordance with section 3173 of this title that a stay of sanctions or related actions pursuant to section 3171 of this title has not afforded sufficient time to obviate the risk to an ongoing criminal investigation or to an intelligence source or method that gave rise to the stay, he may extend such stay for a period of time specified by the President, which period may not exceed 120 days. The authority of this section may be used to extend the period of a stay pursuant to section 3171 of this title for successive periods of not more than 120 days each.
Reports to Congress pursuant to sections 3171 and 3172 of this title shall be submitted promptly upon determinations under this subchapter. Such reports shall be submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. With respect to determinations relating to intelligence sources and methods, reports shall also be submitted to the congressional intelligence committees. With respect to determinations relating to ongoing criminal investigations, reports shall also be submitted to the Committees on the Judiciary of the House of Representatives and the Senate.
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.
The President may use the authority of sections 3171 and 3172 of this title to stay the imposition of an economic, cultural, diplomatic, or other sanction or related action by the United States Government related to the proliferation of weapons of mass destruction, their delivery systems, or advanced conventional weapons otherwise required to be imposed by the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (title III of Public Law 102–182 ) [ 22 U.S.C. 5601 et seq.]; the Nuclear Proliferation Prevention Act of 1994 (title VIII of Public Law 103–236 ); title XVII of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ) (relating to the nonproliferation of missile technology); the Iran-Iraq Arms Nonproliferation Act of 1992 (title XVI of Public Law 102–484 ); section 573 of the Foreign Operations, Export Financing Related Programs Appropriations Act, 1994 ( Public Law 103–87 ); section 563 of the Foreign Operations, Export Financing Related Programs Appropriations Act, 1995 ( Public Law 103–306 ); and comparable provisions.
[Repealed]
SUBCHAPTER VIII— EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
Part A— Science and Technology
The Director of National Intelligence may carry out a program to provide scholarships and work-study for individuals who are pursuing graduate degrees in fields of study in science and technology that are identified by the Director as appropriate to meet the future needs of the intelligence community for qualified scientists and engineers.
If the Director of National Intelligence carries out the program under subsection (a), the Director of National Intelligence shall administer the program through the Office of the Director of National Intelligence.
If the Director of National Intelligence carries out the program under subsection (a), the Director shall identify fields of study under subsection (a) in consultation with the other heads of the elements of the intelligence community.
An individual eligible to participate in the program is any individual who—
either—
is an employee of the intelligence community; or
meets criteria for eligibility for employment in the intelligence community that are established by the Director of National Intelligence;
is accepted in a graduate degree program in a field of study in science or technology identified under subsection (a); and
is eligible for a security clearance at the level of Secret or above.
If the Director of National Intelligence carries out the program under subsection (a), the Director shall prescribe regulations for purposes of the administration of this section.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 108–177, title III, § 318, Dec. 13, 2003, 117 Stat. 2613, as amended by Pub. L. 108–458, title I, §§ 1071(g)(3)(A)(iii), 1072(d)(2)(B), Dec. 17, 2004, 118 Stat. 3692, 3693, which required the Director of National Intelligence to carry out a pilot program during fiscal years 2004 through 2006 to provide financial assistance for academic training in areas of deficiency in the analytic capabilities of the intelligence community, and to submit reports to Congress not later than 120 days after Dec. 13, 2003, and not later than one year after the commencement of the program, was repealed by Pub. L. 111–259, title III, § 311(b)(2)(A), Oct. 7, 2010, 124 Stat. 2663.
The Director of National Intelligence shall establish an integrated framework that brings together the educational components of the intelligence community in order to promote a more effective and productive intelligence community through cross-disciplinary education and joint training.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
[Repealed]
Pub. L. 111–259, title III, § 313(b)(2), Oct. 7, 2010, 124 Stat. 2666, provided that:
“Notwithstanding the repeals made by paragraph (1) [repealing this section, amending provisions set out as a note under section 3023 of this title , and repealing provisions set out as a note under section 3021 of this title ], nothing in this subsection [repealing this section, amending provisions set out as a note under section 3023 of this title , and repealing provisions set out as a note under section 3021 of this title ] shall be construed to amend, modify, or abrogate any agreement, contract, or employment relationship that was in effect in relation to the provisions repealed under paragraph (1) on the day prior to the date of the enactment of this Act [ Oct. 7, 2010 ].”
Part B— Foreign Languages Program
The Secretary of Defense and the Director of National Intelligence may jointly carry out a program to advance skills in foreign languages that are critical to the capability of the intelligence community to carry out the national security activities of the United States (hereinafter in this part referred to as the “Foreign Languages Program”).
In order to carry out the Foreign Languages Program, the Secretary of Defense and the Director of National Intelligence shall jointly identify actions required to improve the education of personnel in the intelligence community in foreign languages that are critical to the capability of the intelligence community to carry out the national security activities of the United States and to meet the long-term intelligence needs of the United States.
Pub. L. 111–259, title III, § 314, Oct. 7, 2010, 124 Stat. 2666, provided that:
“(a) Establishment .— The Director of National Intelligence, in consultation with the National Security Education Board established under section 803(a) of the David L. Boren National Security Education Act of 1991 ( 50 U.S.C. 1903(a) ), may establish a pilot program for intensive language instruction in African languages. “(b) Program .— A pilot program established under subsection (a) shall provide scholarships for programs that provide intensive language instruction— “(1) in any of the five highest priority African languages for which scholarships are not offered under the David L. Boren National Security Education Act of 1991 ( 50 U.S.C. 1901 et seq.), as determined by the Director of National Intelligence; and “(2) both in the United States and in a country in which the language is the native language of a significant portion of the population, as determined by the Director of National Intelligence. “(c) Termination .— A pilot program established under subsection (a) shall terminate on the date that is five years after the date on which such pilot program is established. “(d) Authorization of Appropriations.— “(1) In general .— There is authorized to be appropriated to carry out this section $2,000,000. “(2) Availability .— Funds authorized to be appropriated under paragraph (1) shall remain available until the termination of the pilot program in accordance with subsection (c).”
In carrying out the Foreign Languages Program, the head of a covered element of the intelligence community may enter into one or more education partnership agreements with educational institutions in the United States in order to encourage and enhance the study in such educational institutions of foreign languages that are critical to the capability of the intelligence community to carry out the national security activities of the United States.
Under an educational partnership agreement entered into with an educational institution pursuant to this section, the head of a covered element of the intelligence community may provide the following assistance to the educational institution:
The loan of equipment and instructional materials of the element of the intelligence community to the educational institution for any purpose and duration that the head of the element considers appropriate.
Notwithstanding any other provision of law relating to the transfer of surplus property, the transfer to the educational institution of any computer equipment, or other equipment, that is—
commonly used by educational institutions;
surplus to the needs of the element of the intelligence community; and
determined by the head of the element to be appropriate for support of such agreement.
The provision of dedicated personnel to the educational institution—
to teach courses in foreign languages that are critical to the capability of the intelligence community to carry out the national security activities of the United States; or
to assist in the development for the educational institution of courses and materials on such languages.
The involvement of faculty and students of the educational institution in research projects of the element of the intelligence community.
Cooperation with the educational institution in developing a program under which students receive academic credit at the educational institution for work on research projects of the element of the intelligence community.
The provision of academic and career advice and assistance to students of the educational institution.
The provision of cash awards and other items that the head of the element of the intelligence community considers appropriate.
Notwithstanding section 1342 of title 31 and subject to subsection (b), the Foreign Languages Program under section 3201 of this title shall include authority for the head of a covered element of the intelligence community to accept from any dedicated personnel voluntary services in support of the activities authorized by this part.
In accepting voluntary services from an individual under subsection (a), the head of a covered element of the intelligence community shall—
supervise the individual to the same extent as the head of the element would supervise a compensated employee of that element providing similar services; and
ensure that the individual is licensed, privileged, has appropriate educational or experiential credentials, or is otherwise qualified under applicable law or regulations to provide such services.
In accepting voluntary services from an individual under subsection (a), the head of a covered element of the intelligence community may not—
place the individual in a policymaking position, or other position performing inherently governmental functions; or
compensate the individual for the provision of such services.
The head of a covered element of the intelligence community may recruit and train individuals to provide voluntary services under subsection (a).
Subject to paragraph (2), while providing voluntary services under subsection (a) or receiving training under subsection (c), an individual shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
Section 552a of title 5 (relating to maintenance of records on individuals).
Chapter 11 of title 18 (relating to conflicts of interest).
With respect to voluntary services under paragraph (1) provided by an individual that are within the scope of the services accepted under that paragraph, the individual shall be deemed to be a volunteer of a governmental entity or nonprofit institution for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
In the case of any claim against such an individual with respect to the provision of such services, section 4(d) of such Act (42 U.S.C. 14503(d)) 1 shall not apply.
Acceptance of voluntary services under this section shall have no bearing on the issuance or renewal of a security clearance.
The head of a covered element of the intelligence community may reimburse an individual for incidental expenses incurred by the individual in providing voluntary services under subsection (a). The head of a covered element of the intelligence community shall determine which expenses are eligible for reimbursement under this subsection.
Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
The head of a covered element of the intelligence community may install telephone lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services under subsection (a).
The head of a covered element of the intelligence community may pay the charges incurred for the use of equipment installed under paragraph (1) for authorized purposes.
Notwithstanding section 1348 of title 31, the head of a covered element of the intelligence community may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.
The Secretary of Defense and the Director of National Intelligence shall jointly prescribe regulations to carry out the Foreign Languages Program.
Procedures to be utilized for the acceptance of voluntary services under section 3203 of this title.
Procedures and requirements relating to the installation of equipment under section 3203(f) of this title.
In this part:
The term “covered element of the intelligence community” means an agency, office, bureau, or element referred to in subparagraphs (B) through (L) of section 3003(4) of this title.
The term “educational institution” means—
a local educational agency (as that term is defined in section 7801 of title 20);
an institution of higher education (as defined in section 1002 of title 20, other than institutions referred to in subsection (a)(1)(C) of such section); or
any other nonprofit institution that provides instruction of foreign languages in languages that are critical to the capability of the intelligence community to carry out national security activities of the United States.
The term “dedicated personnel” means employees of the intelligence community and private citizens (including former civilian employees of the Federal Government who have been voluntarily separated, and members of the United States Armed Forces who have been honorably discharged, honorably separated, or generally discharged under honorable circumstances and rehired on a voluntary basis specifically to perform the activities authorized under this part).
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Part C— Additional Education Provisions
The Director of National Intelligence, acting through the heads of the elements of the intelligence community, may assign employees of such elements in analyst positions requiring foreign language expertise as students at accredited professional, technical, or other institutions of higher education for training at the graduate or undergraduate level in foreign languages required for the conduct of duties and responsibilities of such positions.
The Director of National Intelligence may reimburse an employee assigned under subsection (a) for the total cost of the training described in that subsection, including costs of educational and supplementary reading materials.
The authority under paragraph (1) shall apply to employees who are assigned on a full-time or part-time basis.
Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
Reimbursement under this section to an employee who is an analyst is in addition to any benefits, allowances, travel expenses, or other compensation the employee is entitled to by reason of serving in such an analyst position.
The Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, shall carry out a program to ensure that selected individuals are provided funds for academic training (including with respect to both undergraduate and postgraduate education), or to reimburse for academic training previously obtained—
in capabilities, missions, or skillsets, especially in the fields of science, technology, math, and engineering, to address workforce requirements in which the intelligence community is deficient or likely to be deficient in the future; or
for such individuals who have backgrounds or experiences that the Director has identified as—
contributing to capabilities, missions, or skillsets in which the intelligence community is deficient or likely to be deficient in future; and
being underrepresented in the intelligence community or likely to be underrepresented in the future.
An individual selected for participation in the program shall commit to employment with an element of the intelligence community for a period that the Director determines is commensurate with the amount of funding provided to the individual under the program and under such terms and conditions as the Director considers appropriate.
The program shall be known as the Pat Roberts Intelligence Scholars Program.
The Director, in consultation with the heads of the elements of the intelligence community, shall maintain a publicly available internet website on the program that describes—
the intent of the program;
the conditions and requirements for selection and participation;
application instructions;
the areas covered by the program pursuant to the review conducted under subsection (b)(2); and
any other details the Director determines appropriate.
In carrying out the program under subsection (a), the Director shall—
establish such requirements relating to the academic training of participants as the Director considers appropriate to ensure that participants are prepared for employment as intelligence professionals; and
on an annual basis, review the areas that will contribute to the capabilities, missions, and skillsets in which the intelligence community is deficient or is likely to be deficient in the future.
Funds made available for the program under subsection (a) shall be used—
to provide a monthly stipend for each month that a participant is pursuing a course of study;
to pay the partial or full tuition of a participant for the completion of such course of study;
to reimburse a participant for tuition paid by the participant before becoming an employee of an element of the intelligence community, including with respect to providing payments for student loans used for such tuition;
to pay for books and materials that the participant requires or required to complete such course of study;
to pay the expenses of the participant for travel requested by an element of the intelligence community in relation to such program; or
for such other purposes the Director considers reasonably appropriate to carry out such program.
The head of a department or agency containing an element of the intelligence community may establish an undergraduate or graduate training program with respect to civilian employees and prospective civilian employees of such element similar in purpose, conditions, content, and administration to the program that the Secretary of Defense is authorized to establish under section 3614 of this title .
The Director of National Intelligence may carry out grant programs in accordance with subsections (b) and (c) to enhance the recruitment and retention of an ethnically and culturally diverse intelligence community workforce with capabilities critical to the national security interests of the United States.
In carrying out paragraph (1), the Director shall identify the skills necessary to meet current or emergent needs of the intelligence community and the educational disciplines that will provide individuals with such skills.
The Director may provide grants to institutions of higher education to support the establishment or continued development of programs of study in educational disciplines identified under subsection (a)(2).
A grant provided under paragraph (1) may, with respect to the educational disciplines identified under subsection (a)(2), be used for the following purposes:
Curriculum or program development.
Faculty development.
Laboratory equipment or improvements.
Faculty research.
The Director may provide grants to historically black colleges and universities, Predominantly Black Institutions, Hispanic-serving institutions, and Asian American and Native American Pacific Islander-serving institutions to provide programs of study in educational disciplines identified under subsection (a)(2) or described in paragraph (2).
A grant provided under paragraph (1) may be used to provide programs of study in the following educational disciplines:
Intermediate and advanced foreign languages deemed in the immediate interest of the intelligence community, including Farsi, Pashto, Middle Eastern, African, and South Asian dialects.
Study abroad programs and cultural immersion programs.
An institution of higher education seeking a grant under this section shall submit an application describing the proposed use of the grant at such time and in such manner as the Director may require.
An institution of higher education that receives a grant under this section shall submit to the Director regular reports regarding the use of such grant, including—
a description of the benefits to students who participate in the course of study funded by such grant;
a description of the results and accomplishments related to such course of study; and
any other information that the Director may require.
The Director shall prescribe such regulations as may be necessary to carry out this section.
In this section:
The term “Director” means the Director of National Intelligence.
The term “historically black college and university” has the meaning given the term “part B institution” in section 1061 of title 20.
The term “institution of higher education” has the meaning given the term in section 1001 of title 20.
The term “Predominantly Black Institution” has the meaning given the term in section 1059e of title 20.
The term “Hispanic-serving institution” has the meaning given that term in section 1101a(a)(5) of title 20.
The term “Asian American and Native American Pacific Islander-serving institution” has the meaning given that term in section 1059g(b)(2) of title 20.
The term “study abroad program” means a program of study that—
takes place outside the geographical boundaries of the United States;
focuses on areas of the world that are critical to the national security interests of the United States and are generally underrepresented in study abroad programs at institutions of higher education, including Africa, Asia, Central and Eastern Europe, Eurasia, Latin America, and the Middle East; and
is a credit or noncredit program.
Pub. L. 108–177, title III, § 319, Dec. 13, 2003, 117 Stat. 2614, as amended by Pub. L. 108–458, title I, § 1071(g)(3)(A)(iv), (B), Dec. 17, 2004, 118 Stat. 3692; Pub. L. 111–259, title III, § 313(b)(1)(A), (3), Oct. 7, 2010, 124 Stat. 2666, provided that:
“Congress makes the following findings: “(1) It is the recommendation of the Joint Inquiry of the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001 , that the Intelligence Community should enhance recruitment of a more ethnically and culturally diverse workforce and devise a strategy to capitalize upon the unique cultural and linguistic capabilities of first generation Americans. “(2) The Intelligence Community could greatly benefit from an increased number of employees who are proficient in foreign languages and knowledgeable of world cultures, especially in foreign languages that are critical to the national security interests of the United States. Particular emphasis should be given to the recruitment of United States citizens whose linguistic capabilities are acutely required for the improvement of the overall intelligence collection and analysis effort of the United States Government. “(3) The Intelligence Community has a significantly lower percentage of women and minorities than the total workforce of the Federal government and the total civilian labor force. “(4) Women and minorities continue to be under-represented in senior grade levels, and in core mission areas, of the intelligence community.”
The Director may, with or without reimbursement, obligate or expend amounts authorized to be appropriated or otherwise made available for the Office of the Director of National Intelligence for covered workforce activities for the purpose of supporting a covered workforce activity of an element of the intelligence community.
Not later than 30 days after the date on which the Director exercises the authority in subsection (a), the Director shall submit to the congressional intelligence committees and the Committees on Appropriations of the House of Representatives and the Senate written notification of such exercise.
In this section, the term “covered workforce activity” means an activity relating to—
recruitment or retention of the intelligence community workforce; or
diversity, equality, inclusion, or accessibility, with respect to such workforce.
Part D— National Intelligence University
In this part, the term “transfer date” means the date on which the National Intelligence University is transferred from the Defense Intelligence Agency to the Director of National Intelligence under section 3334a(a) of this title .
Beginning on the transfer date, under regulations prescribed by the Director of National Intelligence, the President of the National Intelligence University may, upon the recommendation of the faculty of the University, confer appropriate degrees upon graduates who meet the degree requirements.
A degree may not be conferred under this section unless—
the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
the University is accredited by the appropriate academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
[Repealed]
The Federal Advisory Committee Act (5 U.S.C. App.) 1 1 See References in Text note below. shall continue to apply to the Board of Visitors of the National Intelligence University on and after the transfer date.
The Director of National Intelligence may authorize the President of the National Intelligence University to accept qualifying research grants.
A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.
A qualifying research grant may be accepted under this section only from a Federal agency or from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
The Director shall establish an account for administering funds received as qualifying research grants under this section.
The President of the University shall use the funds in the account established pursuant to paragraph (1) in accordance with applicable provisions of the regulations and the terms and conditions of the grants received.
Subject to such limitations as may be provided in appropriations Acts, appropriations available for the National Intelligence University may be used to pay expenses incurred by the University in applying for, and otherwise pursuing, the award of qualifying research grants.
The Director of National Intelligence shall prescribe regulations for the administration of this section.
SUBCHAPTER IX— ADDITIONAL MISCELLANEOUS PROVISIONS
No Federal law enacted on or after December 27, 2000 , that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity.
An intelligence activity shall be treated as authorized for purposes of subsection (a) if the intelligence activity is authorized by an appropriate official of the United States Government, acting within the scope of the official duties of that official and in compliance with Federal law and any applicable Presidential directive.
In order to protect intelligence sources and methods from unauthorized disclosure, the Director of National Intelligence shall establish and implement an inspection process for all agencies and departments of the United States that handle classified information relating to the national security of the United States intended to assure that those agencies and departments maintain effective operational security practices and programs directed against counterintelligence activities.
The Director of National Intelligence shall establish and implement a process for all elements of the intelligence community to review, on an annual basis, individuals included on distribution lists for access to classified information. Such process shall ensure that only individuals who have a particularized “need to know” (as determined by the Director) are continued on such distribution lists.
The Director of National Intelligence shall establish and implement a process by which each head of an element of the intelligence community directs that all employees of that element, in order to be granted access to classified information referred to in subsection (a) of section 1.3 of Executive Order No. 12968 ( August 2, 1995 ; 60 Fed. Reg. 40245; [former] 50 U.S.C. 435 note [now 50 U.S.C. 3161 note]), submit financial disclosure forms as required under subsection (b) of such section.
The Director of National Intelligence shall establish, for all elements of the intelligence community, programs and procedures by which sensitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees of those elements.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
In this section:
The term “appropriate congressional committees” means—
the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
The term “covered entity” means any foreign company that either directly or indirectly develops, maintains, owns, operates, brokers, markets, sells, leases, licenses, or otherwise makes available spyware.
The term “foreign commercial spyware” means spyware that is developed (solely or in partnership with a foreign company), maintained, sold, leased, licensed, marketed, sourced (in whole or in part), or otherwise provided, either directly or indirectly, by a foreign company.
The term “foreign company” means a company that is incorporated or domiciled outside of the United States, including any subsidiaries or affiliates wherever such subsidiaries or affiliates are domiciled or incorporated.
The term “spyware” means a tool or set of tools that operate as an end-to-end system of software to provide an unauthorized user remote access to information stored on or transiting through an electronic device connected to the Internet and not owned or operated by the unauthorized user, including end-to-end systems that—
allow an unauthorized user to remotely infect electronic devices with malicious software, including without any action required by the user of the device;
can record telecommunications or other audio captured on a device not owned by the unauthorized user;
undertake geolocation, collect cell site location information, or otherwise track the location of a device or person using the internal sensors of an electronic device not owned by the unauthorized user;
allow an unauthorized user access to and the ability to retrieve information on the electronic device, including text messages, files, e-mails, transcripts of chats, contacts, photos, and browsing history; or
any additional criteria described in publicly available documents published by the Director of National Intelligence, such as whether the end-to-end system is used outside the context of a codified lawful intercept system.
Not later than 90 days after December 23, 2022 , and annually thereafter for seven years, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report with an accompanying classified annex containing an assessment of the counterintelligence threats and other risks to the national security of the United States posed by the proliferation of foreign commercial spyware. The assessment shall incorporate all credible data, including open-source information.
Each report under paragraph (1) shall include the following, if known:
A list of the most significant covered entities.
A description of the foreign commercial spyware marketed by the covered entities identified under subparagraph (A) and an assessment by the intelligence community of the foreign commercial spyware.
An assessment of the counterintelligence risk to the intelligence community or personnel of the intelligence community posed by foreign commercial spyware.
For each covered entity identified in subparagraph (A), details of any subsidiaries, resellers, or other agents acting on behalf of the covered entity.
Details of where each covered entity identified under subparagraphs (A) and (D) is domiciled.
A description of how each covered entity identified under subparagraphs (A) and (D) is financed, where the covered entity acquired its capital, and the organizations and individuals having substantial investments or other equities in the covered entity.
An assessment by the intelligence community of any relationship between each covered entity identified in subparagraphs (A) and (D) and any foreign government, including any export controls and processes to which the covered entity is subject.
A list of the foreign customers of each covered entity identified in subparagraphs (A) and (D), including the understanding by the intelligence community of the organizations and end-users within any foreign government.
With respect to each foreign customer identified under subparagraph (H), an assessment by the intelligence community regarding how the foreign customer is using the spyware, including whether the foreign customer has targeted personnel of the intelligence community.
With respect to the first report required under paragraph (1), a mitigation plan to reduce the exposure of personnel of the intelligence community to foreign commercial spyware.
With respect to each report following the first report required under paragraph (1), details of steps taken by the intelligence community since the previous report to implement measures to reduce the exposure of personnel of the intelligence community to foreign commercial spyware.
In submitting the report under paragraph (1), the Director shall also include an accompanying but separate classified annex, providing a watchlist of companies selling, leasing, or otherwise providing foreign commercial spyware that the Director determines are engaged in activities that pose a counterintelligence risk to personnel of the intelligence community.
Each report under paragraph (1) shall be submitted in classified form.
The Director of National Intelligence shall separately distribute each report under paragraph (1) and each annex under paragraph (3) to the President, the heads of all elements of the intelligence community, the Secretary of State, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, the National Cyber Director, and the heads of any other departments or agencies the Director of National Intelligence determines appropriate.
The Director of National Intelligence may prohibit any element of the intelligence community from procuring, leasing, or otherwise acquiring on the commercial market, or extending or renewing a contract to procure, lease, or otherwise acquire, foreign commercial spyware.
In determining whether and how to exercise the authority under subparagraph (A), the Director of National Intelligence shall consider—
the assessment of the intelligence community of the counterintelligence threats or other risks to the United States posed by foreign commercial spyware;
the assessment of the intelligence community of whether the foreign commercial spyware has been used to target United States Government personnel;
whether the original owner or developer retains any of the physical property or intellectual property associated with the foreign commercial spyware;
whether the original owner or developer has verifiably destroyed all copies of the data collected by or associated with the foreign commercial spyware;
whether the personnel of the original owner or developer retain any access to data collected by or associated with the foreign commercial spyware;
whether the use of the foreign commercial spyware requires the user to connect to an information system of the original owner or developer or information system of a foreign government; and
whether the foreign commercial spyware poses a counterintelligence risk to the United States or any other threat to the national security of the United States.
The Director of National Intelligence may prohibit any element of the intelligence community from entering into any contract or other agreement for any purpose with a company that has acquired, in whole or in part, any foreign commercial spyware.
In considering whether and how to exercise the authority under subparagraph (A), the Director of National Intelligence shall consider—
whether the original owner or developer of the foreign commercial spyware retains any of the physical property or intellectual property associated with the spyware;
whether the original owner or developer of the foreign commercial spyware has verifiably destroyed all data, and any copies thereof, collected by or associated with the spyware;
whether the personnel of the original owner or developer of the foreign commercial spyware retain any access to data collected by or associated with the foreign commercial spyware;
whether the use of the foreign commercial spyware requires the user to connect to an information system of the original owner or developer or information system of a foreign government; and
whether the foreign commercial spyware poses a counterintelligence risk to the United States or any other threat to the national security of the United States.
Not later than 30 days after the date on which the Director of National Intelligence exercises the authority to issue a prohibition under subsection (c), the Director of National Intelligence shall notify the congressional intelligence committees of such exercise of authority. Such notice shall include—
a description of the circumstances under which the prohibition was issued;
an identification of the company or product covered by the prohibition;
any information that contributed to the decision of the Director of National Intelligence to exercise the authority, including any information relating to counterintelligence or other risks to the national security of the United States posed by the company or product, as assessed by the intelligence community; and
an identification of each element of the intelligence community to which the prohibition has been applied.
The head of an element of the intelligence community may request from the Director of National Intelligence the waiver of a prohibition made under paragraph (1) or (2).
The Director of National Intelligence, upon receiving the waiver request in subparagraph (A), may issue a waiver for a period not to exceed one year in response to the request from the head of an element of the intelligence community if such waiver is in the national security interest of the United States.
Not later than 30 days after approving a waiver request pursuant to subparagraph (B), 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 written notification. The notification shall include—
an identification of the head of the element of the intelligence community that requested the waiver;
the details of the waiver request, including the national security interests of the United States;
the rationale and basis for the determination that the waiver is in the national security interests of the United States;
the considerations that informed the ultimate determination of the Director of National Intelligence to issue the waiver; and
and any other considerations contributing to the determination, made by the Director of National Intelligence.
The Director of National Intelligence may revoke a previously granted waiver at any time. Upon revocation of a waiver, the Director of National Intelligence shall submit a written notification 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 not later than 30 days after making a revocation determination.
The Director of National Intelligence may terminate a prohibition made under paragraph (1) or (2) at any time. Upon termination of a prohibition, the Director of National Intelligence shall submit a notification of the termination 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 not later than 30 days after terminating a prohibition, detailing the basis for the termination, including any United States national security interests that may be affected by such termination.
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.
Pub. L. 117–263, div. F, title LXIII, § 6318(e), Dec. 23, 2022, 136 Stat. 3521, provided that:
“Nothing in this section [enacting this section, amending section 3383 of this title , and enacting provisions set out as notes under this section] or an amendment made by this section shall be construed as enhancing, or otherwise changing, the authorities of the intelligence community to target, collect, process, or disseminate information regarding United States Government personnel.”
[For definition of “intelligence community” as used in section 6318(e) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
Pub. L. 117–263, div. F, title LXIII, § 6318(b), Dec. 23, 2022, 136 Stat. 3515, provided that:
“It shall be the policy of the United States to act decisively against counterintelligence threats posed by foreign commercial spyware, as well as the individuals who lead entities selling foreign commercial spyware and who are reasonably believed to be involved, have been involved, or pose a significant risk to being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States.”
[For definition of “foreign commercial spyware” as used in section 6318(b) of Pub. L. 117–263, set out above, see section 6318(a) of Pub. L. 117–263, set out below.]
Pub. L. 117–263, div. F, title LXIII, § 6318(d)(1)–(3), Dec. 23, 2022, 136 Stat. 3520, provided that:
“(1) Requirement .— Not later than 120 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director of National Intelligence shall— “(A) issue standards, guidance, best practices, and policies for elements of the intelligence community to protect covered devices from being compromised by foreign commercial spyware; “(B) survey elements of the intelligence community regarding the processes used by the elements to routinely monitor covered devices for indicators of compromise associated with foreign commercial spyware; and “(C) submit to the congressional intelligence committees a report on the sufficiency of the measures in place to routinely monitor covered devices for indicators of compromise associated with foreign commercial spyware. “(2) Form .— The report under paragraph (1)(C) may be submitted in classified form. “(3) Counterintelligence notifications .— Not later than 30 days after the date on which an element of the intelligence community becomes aware that a covered device was targeted or compromised by foreign commercial spyware, the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, shall notify 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 of such determination, including— “(A) the component of the element and the location of the personnel whose covered device was targeted or compromised; “(B) the number of covered devices compromised or targeted; “(C) an assessment by the intelligence community of the damage to national security of the United States resulting from any loss of data or sensitive information; “(D) an assessment by the intelligence community of any foreign government, or foreign organization or entity, and, to the extent possible, the foreign individuals, who directed and benefitted from any information acquired from the targeting or compromise; and “(E) as appropriate, an assessment by the intelligence community of the capacity and will of such governments or individuals to continue targeting personnel of the United States Government.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6318(d)(1)–(3) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “covered device” and “foreign commercial spyware” as used in section 6318(d)(1)–(3) of Pub. L. 117–263, set out above, see section 6318(a) of Pub. L. 117–263, set out below.]
Pub. L. 117–263, div. F, title LXIII, § 6318(a), Dec. 23, 2022, 136 Stat. 3515, provided that:
“In this section: “(1) Covered device .— The term ‘covered device’ means any electronic mobile device including smartphones, tablet computing devices, or laptop computing devices, that is issued by an element of the intelligence community for official use. “(2) Foreign commercial spyware; foreign company; spyware .— The terms ‘foreign commercial spyware’, ‘foreign company’, and ‘spyware’ have the meanings given those terms in section 1102A of the National Security Act of 1947 ( 50 U.S.C. 3231 et seq. [probably means 50 U.S.C. 3232a ]), as added by this section.”
[For definition of “intelligence community” as used in section 6318(a) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
No person may, except with the written permission of the Director of National Intelligence, or a designee of the Director, knowingly use the words “Office of the Director of National Intelligence”, the initials “ODNI”, the seal of the Office of the Director of National Intelligence, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Director of National Intelligence.
Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
In this section:
The term “covered intelligence community element”—
means—
the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5 to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and
does not include the Federal Bureau of Investigation.
The term “personnel action” means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character) or a contractor employee—
an appointment;
a promotion;
a disciplinary or corrective action;
a detail, transfer, or reassignment;
a demotion, suspension, or termination;
a reinstatement or restoration;
a performance evaluation;
a decision concerning pay, benefits, or awards;
a decision concerning education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation; or
any other significant change in duties, responsibilities, or working conditions.
The term “contractor employee” means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element.
Any employee of a covered intelligence community element or an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee of a covered intelligence community element as a reprisal for—
any lawful disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency or covered intelligence community element, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences—
a violation of any Federal law, rule, or regulation; or
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
any lawful disclosure that complies with—
subsections (b)(1), (e), and (h) of section 416 of title 5;
subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title; or
subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title; or
if the actions do not result in the employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with—
the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); or
cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.
Any employee of an agency or of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action with respect to any contractor employee as a reprisal for—
any lawful disclosure of information by the contractor employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, a supervisor in the contractor employee’s direct chain of command, or a supervisor of the employing or contracting agency or employing contractor with responsibility for the subject matter of the disclosure, up to and including the head of the employing or contracting agency (or an employee designated by the head of that agency for that purpose) or employing contractor, the appropriate inspector general of the employing or contracting agency or covered intelligence community element, a congressional intelligence committee, or a member of a congressional intelligence committee, which the contractor employee reasonably believes evidences—
a violation of any Federal law, rule, or regulation (including with respect to evidence of another employee or contractor employee accessing or sharing classified information without authorization); or
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
any lawful disclosure that complies with—
subsections (b)(1), (e), and (h) of section 416 of title 5;
subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title; or
subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title; or
if the actions do not result in the contractor employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with—
the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or
cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.
A personnel action under paragraph (1) is prohibited even if the action is undertaken at the request of an agency official, unless the request takes the form of a nondiscretionary directive and is within the authority of the agency official making the request.
Consistent with the protection of intelligence sources and methods, nothing in subsection (b) or (c) shall be construed to authorize—
the withholding of information from Congress; or
the taking of any personnel action against an employee who lawfully discloses information to Congress.
A disclosure shall not be excluded from this section because—
the disclosure was made to an individual, including a supervisor, who participated in an activity that the employee reasonably believed to be covered under subsection (b)(1)(B) or the contractor employee reasonably believed to be covered under subsection (c)(1)(A)(ii);
the disclosure revealed information that had been previously disclosed;
the disclosure was not made in writing;
the disclosure was made while the employee was off duty;
of the amount of time which has passed since the occurrence of the events described in the disclosure; or
the disclosure was made during the normal course of duties of an employee or contractor employee.
The President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5 .
Nothing in this section shall be construed to—
preempt or preclude any employee, contractor employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including section 2303 of title 5; or
repeal section 2303 of title 5.
Pub. L. 113–126, title VI, § 604, July 7, 2014, 128 Stat. 1421, as amended by Pub. L. 119–60, div. F, title LXIV, § 6402(c)(2)(H), Dec. 18, 2025, 139 Stat. 1616, provided that:
“(a) Covered Intelligence Community Element Defined .— In this section, the term ‘covered intelligence community element’— “(1) means— “(A) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and “(B) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5 , United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and “(2) does not include the Federal Bureau of Investigation. “(b) Regulations .— In consultation with the Secretary of Defense, the Director of National Intelligence shall develop policies and procedures to ensure that a personnel action shall not be taken against an employee of a covered intelligence community element as a reprisal for any disclosure of information described in [section] 1104 of the National Security Act of 1947 [ 50 U.S.C. 3234 ], as added by section 601 of this Act. “(c) Report on the Status of Implementation of Regulations .— Not later than 2 years after the date of the enactment of this Act [ July 7, 2014 ], the Director of National Intelligence shall submit a report on the status of the implementation of the regulations promulgated under subsection (b) to the congressional intelligence committees. “(d) Nonapplicability to Certain Terminations .— Section 1104 of the National Security Act of 1947, as added by section 601 of this Act, and section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ), as amended by section 602 of this Act, shall not apply if— “(1) the affected employee is concurrently terminated under— “(A) section 1609 of title 10 , United States Code; “(B) the authority of the Director of National Intelligence under section 102A( l ) of the National Security Act of 1947 ( 50 U.S.C. 3024(m) [now 50 U.S.C. 3024 ( l )]), if the Director determines that the termination is in the interest of the United States; “(C) the authority of the Director of the Central Intelligence Agency under section 104A(e) of the National Security Act of 1947 ( 50 U.S.C. 3036(e) ), if the Director determines that the termination is in the interest of the United States; or “(D) section 7532 of title 5 , United States Code, if the head of the agency determines that the termination is in the interest of the United States; and “(2) not later than 30 days after such termination, the head of the agency that employed the affected employee notifies the congressional intelligence committees of the termination.”
[For definition of “congressional intelligence committees” as used in section 604 of Pub. L. 113–126, set out above, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.]
In this section:
The term “covered official” means—
the heads of each element of the intelligence community; and
the inspectors general with oversight responsibility for an element of the intelligence community.
The term “investigation” means any inquiry, whether formal or informal, into the existence of an unauthorized public disclosure of classified information.
The term “unauthorized disclosure of classified information” means any unauthorized disclosure of classified information to any recipient.
The term “unauthorized public disclosure of classified information” means the unauthorized disclosure of classified information to a journalist or media organization.
Not less frequently than once every 6 months, each covered official shall submit to the congressional intelligence committees a report on investigations of unauthorized public disclosures of classified information.
Each report submitted under paragraph (1) shall include, with respect to the preceding 6-month period, the following:
The number of investigations opened by the covered official regarding an unauthorized public disclosure of classified information.
The number of investigations completed by the covered official regarding an unauthorized public disclosure of classified information.
Of the number of such completed investigations identified under subparagraph (B), the number referred to the Attorney General for criminal investigation.
Not less frequently than once every 6 months, the Assistant Attorney General for National Security of the Department of Justice, in consultation with the Director of the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the status of each referral made to the Department of Justice from any element of the intelligence community regarding an unauthorized disclosure of classified information made during the most recent 365-day period or any referral that has not yet been closed, regardless of the date the referral was made.
Each report submitted under paragraph (1) shall include, for each referral covered by the report, at a minimum, the following:
The date the referral was received.
A statement indicating whether the alleged unauthorized disclosure described in the referral was substantiated by the Department of Justice.
A statement indicating the highest level of classification of the information that was revealed in the unauthorized disclosure.
A statement indicating whether an open criminal investigation related to the referral is active.
A statement indicating whether any criminal charges have been filed related to the referral.
A statement indicating whether the Department of Justice has been able to attribute the unauthorized disclosure to a particular entity or individual.
Each report submitted under this section shall be submitted in unclassified form, but may have a classified annex.
If the Director of National Intelligence becomes aware of an actual or potential significant unauthorized disclosure or compromise of classified national intelligence—
as soon as practicable, but not later than 7 days after the date on which the Director becomes so aware, the Director shall notify the congressional intelligence committees of such actual or potential disclosure or compromise; and
in the case of an actual disclosure or compromise, not later than 7 days after the date on which the Director becomes so aware, the Director or the head of any element of the intelligence community from which the significant unauthorized disclosure or compromise originated shall initiate a damage assessment consistent with the procedures set forth in Intelligence Community Directive 732 (relating to the conduct of damage assessments), or successor directive, with respect to such disclosure or compromise.
A notification submitted to the congressional intelligence committees under paragraph (1)(A) with respect to an actual or potential significant unauthorized disclosure or compromise of classified national intelligence shall include—
a summary of the facts and circumstances of such disclosure or compromise;
a summary of the contents of the national intelligence revealed or potentially revealed, as the case may be, by such disclosure or compromise;
an initial appraisal of the level of actual or potential damage, as the case may be, to the national security of the United States as a result of such disclosure or compromise; and
in the case of an actual disclosure or compromise, which elements of the intelligence community will be involved in the damage assessment conducted with respect to such disclosure or compromise pursuant to paragraph (1)(B).
Not later than 30 days after the date of the initiation of a damage assessment pursuant to subsection (a)(1)(B), and every 90 days thereafter until the completion of the damage assessment or upon the request of the congressional intelligence committees, the Director of National Intelligence shall—
submit to the congressional intelligence committees copies of any documents or materials disclosed as a result of the significant unauthorized disclosure or compromise of the classified national intelligence that is the subject of the damage assessment; and
provide to the congressional intelligence committees a briefing on such documents and materials and a status of the damage assessment.
As soon as practicable after completing a damage assessment pursuant to subsection (a)(1)(B), the Director of National Intelligence shall submit the final damage assessment to the congressional intelligence committees.
If a referral is made to the Department of Justice from any element of the intelligence community regarding a significant unauthorized disclosure or compromise of classified national intelligence under this section, the Director of National Intelligence shall notify the congressional intelligence committees of the referral on the date such referral is made.
An individual with a claim described in subsection (b) may submit to the Inspector General of the Intelligence Community a request for a review of such claim by an external review panel convened under subsection (c).
A claim described in this subsection is any—
claim by an individual—
that the individual has been subjected to a personnel action that is prohibited under section 3234 of this title; and
who has exhausted the applicable review process for the claim pursuant to enforcement of such section; or
claim by an individual—
that he or she has been subjected to a reprisal prohibited by paragraph (1) of section 3341(j) of this title; and
who received a decision on an appeal regarding that claim under paragraph (4) of such section.
Upon receipt of a request under subsection (a) regarding a claim, the Inspector General of the Intelligence Community may, at the discretion of the Inspector General, convene an external review panel under this subsection to review the claim.
An external review panel convened under this subsection shall be composed of three members as follows:
The Inspector General of the Intelligence Community.
Except as provided in subparagraph (B), two members selected by the Inspector General as the Inspector General considers appropriate on a case-by-case basis from among inspectors general of the following:
The Department of Defense.
The Department of Energy.
The Department of Homeland Security.
The Department of Justice.
The Department of State.
The Department of the Treasury.
The Central Intelligence Agency.
The Defense Intelligence Agency.
The National Geospatial-Intelligence Agency.
The National Reconnaissance Office.
The National Security Agency.
An inspector general of an agency may not be selected to sit on the panel under subparagraph (A)(ii) to review any matter relating to a decision made by such agency.
Except as provided in clause (ii), the chairperson of any panel convened under this subsection shall be the Inspector General of the Intelligence Community.
If the Inspector General of the Intelligence Community finds cause to recuse himself or herself from a panel convened under this subsection, the Inspector General of the Intelligence Community shall—
select a chairperson from inspectors general of the elements listed under subparagraph (A)(ii) whom the Inspector General of the Intelligence Community considers appropriate; and
notify the congressional intelligence committees of such selection.
Each external review panel convened under this subsection to review a claim shall complete review of the claim no later than 270 days after the date on which the Inspector General convenes the external review panel.
If an external review panel convened under subsection (c) determines, pursuant to a review of a claim submitted by an individual under subsection (a), that the individual was the subject of a personnel action prohibited under section 3234 of this title or was subjected to a reprisal prohibited by section 3341(j)(1) of this title, the panel may recommend that the agency head take corrective action—
in the case of an employee or former employee—
to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the reprisal not occurred; or
reconsider the employee’s or former employee’s eligibility for access to classified information consistent with national security; or
in any other case, such other action as the external review panel considers appropriate.
Not later than 90 days after the date on which the head of an agency receives a recommendation from an external review panel under paragraph (1), the head shall—
give full consideration to such recommendation; and
inform the panel and the Director of National Intelligence of what action the head has taken with respect to the recommendation.
The Director shall notify the President of any failures to comply with subparagraph (A)(ii).
Not less frequently than once each year, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees and the Director of National Intelligence a report on the activities under this section during the previous year.
Subject to such limitations as the Inspector General of the Intelligence Community considers necessary to protect the privacy of an individual who has made a claim described in subsection (b), each report submitted under paragraph (1) shall include, for the period covered by the report, the following:
The determinations and recommendations made by the external review panels convened under this section.
The responses of the heads of agencies that received recommendations from the external review panels.
On an annual basis, consistent with the protection of intelligence sources and methods, the Director of the National Counterintelligence and Security Center, in coordination with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other relevant head of an element of the intelligence community, shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the influence operations and campaigns in the United States conducted by the Chinese Communist Party.
Each report under subsection (a) shall include the following:
A description of the organization of the United Front Work Department of the People’s Republic of China, or the successors of the United Front Work Department, and the links between the United Front Work Department and the Central Committee of the Chinese Communist Party.
An assessment of the degree to which organizations that are associated with or receive funding from the United Front Work Department, particularly such entities operating in the United States, are formally tasked by the Chinese Communist Party or the Government of China.
A description of the efforts by the United Front Work Department and subsidiary organizations of the United Front Work Department to target, coerce, and influence foreign populations, particularly those of ethnic Chinese descent.
An assessment of attempts by the Chinese Embassy, consulates, and organizations affiliated with the Chinese Communist Party (including, at a minimum, the United Front Work Department) to influence the United States-based Chinese Student Scholar Associations.
A description of the evolution of the role of the United Front Work Department under the leadership of the President of China.
An assessment of the activities of the United Front Work Department designed to influence the opinions of elected leaders of the United States, or candidates for elections in the United States, with respect to issues of importance to the Chinese Communist Party.
A listing of all known organizations affiliated with the United Front Work Department that are operating in the United States as of the date of the report.
An identification of influence activities and operations employed by the Chinese Communist Party against the United States science and technology sectors, specifically employees of the United States Government, researchers, scientists, and students in the science and technology sector in the United States.
A listing of all known Chinese talent recruitment programs operating in the United States as of the date of the report.
A listing of provincial, municipal, or other law enforcement institutions, including police departments, in the People’s Republic of China associated with establishing or maintaining a Chinese police presence in the United States.
A listing of colleges and universities in the People’s Republic of China that conduct military research or host dedicated military initiatives or laboratories.
With respect to reports submitted after the first report, an assessment of the change in goals, tactics, techniques, and procedures of the influence operations and campaigns conducted by the Chinese Communist Party.
Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Pub. L. 116–92, div. E, title LV, § 5511(c), Dec. 20, 2019, 133 Stat. 2147, provided that:
“The Director of the National Counterintelligence and Security Center shall submit to 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], the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate the first report under section 1107 of the National Security Act of 1947 [ 50 U.S.C. 3237 ], as added by subsection (a), by not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2019 ].”
[Repealed]
On an annual basis, the Director of the National Counterintelligence and Security Center shall submit to the congressional intelligence committees a report on the influence operations and campaigns in the United States conducted by the Russian Federation.
Each report under subsection (a) shall include the following:
A description and listing of the Russian organizations and persons involved in influence operations and campaigns operating in the United States as of the date of the report.
An assessment of organizations that are associated with or receive funding from organizations and persons identified in paragraph (1), particularly such entities operating in the United States.
A description of the efforts by the organizations and persons identified in paragraph (1) to target, coerce, and influence populations within the United States.
An assessment of the activities of the organizations and persons identified in paragraph (1) designed to influence the opinions of elected leaders of the United States or candidates for election in the United States.
With respect to reports submitted after the first report, an assessment of the change in goals, tactics, techniques, and procedures of the influence operations and campaigns conducted by the organizations and persons identified in paragraph (1).
In carrying out subsection (a), the Director shall coordinate with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other relevant head of an element of the intelligence community.
Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Pub. L. 116–92, div. E, title LV, § 5501(c), Dec. 20, 2019, 133 Stat. 2144, provided that:
“The Director of the National Counterintelligence and Security Center shall submit to the congressional intelligence committees the first report under section 1108 of the National Security Act of 1947 [ 50 U.S.C. 3238 ], as added by subsection (a), by not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2019 ].”
[For definition of “congressional intelligence committees” as used in section 5501(c) of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]
In this section:
The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
Beginning January 1, 2021 , except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
It is the sense of Congress that—
the People’s Republic of China appears to be specifically targeting the Chinese-American community for intelligence purposes;
such targeting carries a substantial risk that the loyalty of such Americans may be generally questioned and lead to unacceptable stereotyping, targeting, and racial profiling;
the United States Government has a duty to warn and protect all Americans including those of Chinese descent from these intelligence efforts by the People’s Republic of China;
the broad stereotyping, targeting, and racial profiling of Americans of Chinese descent is contrary to the values of the United States and reinforces the flawed narrative perpetuated by the People’s Republic of China that ethnically Chinese individuals worldwide have a duty to support the People’s Republic of China; and
the United States efforts to combat the People’s Republic of China’s intelligence activities should actively safeguard and promote the constitutional rights of all Chinese Americans.
On an annual basis, the Director of National Intelligence, acting through the Office of Civil Liberties, Privacy, and Transparency, in coordination with the civil liberties and privacy officers of the elements of the intelligence community, shall submit a report to the congressional intelligence committees containing—
a review of how the policies, procedures, and practices of the intelligence community that govern the intelligence activities and operations targeting the People’s Republic of China affect policies, procedures, and practices relating to the privacy, civil liberties, and civil rights of Americans of Chinese descent who may be targets of espionage and influence operations by China; and
recommendations to ensure that the privacy, civil liberties, and civil rights of Americans of Chinese descent are sufficiently protected.
The report under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
On a biennial basis until the date that is 10 years after March 15, 2022 , the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
An assessment of foreign malign influence efforts relating to such threats, including any foreign academics engaged in such efforts, and a description of how the intelligence community contributes to efforts by non-intelligence community partners to counter such foreign malign influence.
Each report submitted under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary.
In this section:
The term “covered country” means—
China;
Iran;
North Korea;
Russia; and
any other foreign country—
from which the Director of National Intelligence determines a biological threat emanates; or
that the Director determines has a known history of, or has been assessed as having conditions present for, infectious disease outbreaks or epidemics.
The term “foreign biological threat” means biological warfare, bioterrorism, naturally occurring infectious diseases, or accidental exposures to biological materials, without regard to whether the threat originates from a state actor, a non-state actor, natural conditions, or an undetermined source.
The term “foreign malign influence” has the meaning given such term in section 3059(e) 1 1 See References in Text note below. of this title.
The term “non-intelligence community partner” means a Federal department or agency that is not an element of the intelligence community.
Pub. L. 117–103, div. X, title VIII, § 821(b), Mar. 15, 2022, 136 Stat. 1020, provided that:
“Not later than 120 days after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of National Intelligence shall submit to the congressional intelligence committees the first report required under section 1111 of the National Security Act of 1947 [ 50 U.S.C. 3241 ], as added by subsection (a).”
[For definition of “congressional intelligence committees” as used in section 821(b) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]
On an annual basis through 2026, the Director of the Central Intelligence Agency and the Director of the National Security Agency, in coordination with the Director of National Intelligence, shall jointly submit to the congressional intelligence committees a report containing information on foreign commercial providers and the cyber vulnerabilities procured by the intelligence community through foreign commercial providers.
Each report under subsection (a) shall include, with respect to the period covered by the report, the following:
A description of each cyber vulnerability procured through a foreign commercial provider, including—
a description of the vulnerability;
the date of the procurement;
whether the procurement consisted of only that vulnerability or included other vulnerabilities;
the cost of the procurement;
the identity of the commercial provider and, if the commercial provider was not the original supplier of the vulnerability, a description of the original supplier;
the country of origin of the vulnerability; and
an assessment of the ability of the intelligence community to use the vulnerability, including whether such use will be operational or for research and development, and the approximate timeline for such use.
An assessment of foreign commercial providers that—
pose a significant threat to the national security of the United States; or
have provided cyber vulnerabilities to any foreign government that—
has used the cyber vulnerabilities to target United States persons, the United States Government, journalists, or dissidents; or
has an established pattern or practice of violating human rights or suppressing dissent.
An assessment of whether the intelligence community has conducted business with the foreign commercial providers identified under paragraph (2) during the 5-year period preceding the date of the report.
Each report under subsection (a) may be submitted in classified form.
In this section:
The term “commercial provider” means any person that sells, or acts as a broker, for a cyber vulnerability.
The term “cyber vulnerability” means any tool, exploit, vulnerability, or code that is intended to compromise a device, network, or system, including such a tool, exploit, vulnerability, or code procured by the intelligence community for purposes of research and development.
Pub. L. 117–103, div. X, title VIII, § 822(b), Mar. 15, 2022, 136 Stat. 1021, provided that:
“Not later than 90 days after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of the Central Intelligence Agency and the Director of the National Security Agency shall jointly submit the first report required under section 1112 of the National Security Act of 1947 [ 50 U.S.C. 3242 ], as added by subsection (a).”
On a basis that is not less frequent than once every 4 years, the Director of National Intelligence, in coordination with the Director of the Office of Science and Technology Policy, the Secretary of Commerce, and the heads of such other agencies as the Director considers appropriate, shall submit to the congressional intelligence committees a comprehensive report on the technology strategy of the intelligence community, which shall be designed to support the maintenance of the leadership of the United States in critical and emerging technologies essential to the national security of the United States.
Each report submitted under subsection (a) shall include the following:
An assessment of technologies critical to the national security of the United States, particularly those technologies with respect to which foreign countries that are adversarial to the United States have or are poised to match or surpass the technology leadership of the United States.
A review of current technology policies of the intelligence community, including long-term goals.
An identification of sectors and supply chains the Director determines to be of the greatest strategic importance to national security.
An identification of opportunities to protect the leadership of the United States, and the allies and partners of the United States, in critical technologies, including through targeted export controls, investment screening, and counterintelligence activities.
An identification of research and development areas the Director determines critical to the national security of the United States, including areas in which the private sector does not focus.
Recommendations for growing talent in key critical and emerging technologies and enhancing the ability of the intelligence community to recruit and retain individuals with critical skills relating to such technologies.
An identification of opportunities to improve the leadership of the United States in critical technologies, including opportunities to develop international partnerships to reinforce domestic policy actions, develop new markets, engage in collaborative research, and maintain an international environment that reflects the values of the United States and protects the interests of the United States.
A technology annex to establish an approach for the identification, prioritization, development, and fielding of emerging technologies critical to the mission of the intelligence community.
Such other information as the Director determines may be necessary to inform Congress on matters relating to the technology strategy of the intelligence community and related implications for the national security of the United States.
Each annex submitted under subsection (b)(8) may be submitted in classified form.
Pub. L. 117–103, div. X, title VIII, § 823(b), Mar. 15, 2022, 136 Stat. 1022, provided that:
“Not later than 1 year after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of National Intelligence shall submit to the congressional intelligence committees the first report required under section 1113 of the National Security Act of 1947 [ 50 U.S.C. 3243 ], as added by subsection (a).”
[For definition of “congressional intelligence committees” as used in section 823(b) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]
Not later than March 1 of each fiscal year, 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 a report detailing all congressionally mandated reporting requirements applicable to the Office of the Director of National Intelligence for the upcoming fiscal year.
Each report submitted pursuant to subsection (a) shall include, for the fiscal year covered by the report and for each congressionally mandated reporting requirement detailed in the report:
A description of the reporting requirement.
A citation to the provision of law (or other source of congressional directive) imposing the reporting requirement.
Whether the reporting requirement is recurring, conditional, or subject to a termination provision.
Whether the Director recommends repealing or modifying the requirement.
Each report submitted pursuant to subsection (a) may be submitted in classified form.
CHAPTER 45— MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES
SUBCHAPTER I— BUDGET AND OVERSIGHT
The Director of National Intelligence shall submit to the congressional committees specified in subsection (d) each year a multiyear national intelligence program plan reflecting the estimated expenditures and proposed appropriations required to support that program. Any such multiyear national intelligence program plan shall cover the fiscal year with respect to which the budget is submitted and at least four succeeding fiscal years.
The Director of National Intelligence shall submit the report required by subsection (a) each year at or about the same time that the budget is submitted to Congress pursuant to section 1105(a) of title 31 .
The Director of National Intelligence and the Secretary of Defense shall ensure that the estimates referred to in subsection (a) are consistent with the budget estimates submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year concerned and with the estimated expenditures and proposed appropriations for the future-years defense program submitted pursuant to section 221 of title 10 .
The congressional committees referred to in subsection (a) are the following:
The Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.
The Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
Pub. L. 118–31, div. G, title VI, § 7601, Dec. 22, 2023, 137 Stat. 1096, provided that:
“This title [enacting sections 3344a and 3350a of this title, amending section 3355a of this title , and enacting provisions set out as a note under section 3501 of Title 44 , Public Printing and Documents] may be cited as the ‘Sensible Classification Act of 2023’.”
Pub. L. 107–306, title IX, § 901(a), Nov. 27, 2002, 116 Stat. 2432, provided that:
“This title [see Tables for classification] may be cited as the ‘Counterintelligence Enhancement Act of 2002’.”
Pub. L. 106–567, title VII, § 701, Dec. 27, 2000, 114 Stat. 2856, provided that:
“This title [enacting subchapter III–A of this chapter] may be cited as the ‘Public Interest Declassification Act of 2000’.”
The Director of Central Intelligence shall include the same level of budgetary detail for the Base Budget that is provided for Ongoing Initiatives and New Initiatives to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate in the congressional justification materials for the annual submission of the National Foreign Intelligence Program of each fiscal year.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
No project for the construction of any facility, or improvement to any facility, having an estimated Federal cost in excess of $300,000, may be undertaken in any fiscal year unless specifically identified as a separate item in the President’s annual fiscal year budget request or otherwise specifically authorized and appropriated if such facility or improvement would be used primarily by personnel of the intelligence community.
As used in this section, the term “intelligence community” has the same meaning given that term in section 3003(4) of this title.
Except as provided in subsection (b), no project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost in excess of $9,000,000 may be undertaken in any fiscal year unless such project is specifically identified as a separate item in the President’s annual fiscal year budget request and is specifically authorized by the Congress.
In the case of a project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost greater than $4,000,000 but less than $9,000,000, or where any project for the improvement, repair, or modification of such a facility has an estimated Federal cost greater than $4,000,000, the head of such component, in coordination with and subject to the approval of the Director of National Intelligence, shall submit a notification to the intelligence committees specifically identifying such project.
Notwithstanding subsection (a) but subject to paragraphs (2) and (3), a project for the construction of a facility to be used primarily by personnel of any component of the intelligence community may be carried out if the Secretary of Defense and the Director of National Intelligence jointly determine—
that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and
that the requirement for the project is so urgent that deferral of the project for inclusion in the next Act authorizing appropriations for the intelligence community would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
When a decision is made to carry out a construction project under this subsection, the Secretary of Defense and the Director of National Intelligence jointly shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (i) the justification for the project and the current estimate of the cost of the project, (ii) the justification for carrying out the project under this subsection, and (iii) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 7-day period beginning on the date the notification is received by such committees.
Notwithstanding subparagraph (A), a project referred to in paragraph (1) may begin on the date the notification is received by the appropriate committees of Congress under that paragraph if the Director of National Intelligence and the Secretary of Defense jointly determine that—
an emergency exists with respect to the national security or the protection of health, safety, or environmental quality; and
any delay in the commencement of the project would harm any or all of those interests.
If a project referred to in paragraph (1) is primarily for the Central Intelligence Agency, the Director of the Central Intelligence Agency shall make the determination and submit the report required by paragraphs (1) and (2).
A project carried out under this subsection shall be carried out within the total amount of funds appropriated for intelligence and intelligence-related activities that have not been obligated.
This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section 601.
Pub. L. 103–359, title VI, § 604, Oct. 14, 1994, 108 Stat. 3433, provided that:
“As used in this title [enacting this section and section 3302 of this title ]: “(1) Intelligence committees .— The term ‘intelligence committees’ means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. “(2) Intelligence community .— The term ‘intelligence community’ has the same meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) [now 50 U.S.C. 3003(4) ]).”
Beginning with the fiscal year 2010 budget request, the Director of National Intelligence shall include the budget exhibits identified in paragraphs (1) and (2) as described in the Department of Defense Financial Management Regulation with the congressional budget justification books.
For procurement programs requesting more than $20,000,000 in any fiscal year, the P–1, Procurement Program; P–5, Cost Analysis; P–5a, Procurement History and Planning; P–21, Production Schedule; and P–40 1 Budget Item Justification.
For research, development, test and evaluation projects requesting more than $10,000,000 in any fiscal year, the R–1, RDT&E Program; R–2, RDT&E Budget Item Justification; R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program Schedule Profile.
Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 113–6, div. C, title VIII, § 8087, Mar. 26, 2013, 127 Stat. 317.
Pub. L. 112–74, div. A, title VIII, § 8090, Dec. 23, 2011, 125 Stat. 827.
Pub. L. 112–10, div. A, title VIII, § 8091, Apr. 15, 2011, 125 Stat. 77.
Pub. L. 111–118, div. A, title VIII, § 8100, Dec. 19, 2009, 123 Stat. 3450.
At the time that the President submits to Congress the budget for a fiscal year pursuant to section 1105 of title 31 , the President shall disclose to the public the aggregate amount of appropriations requested for that fiscal year for the National Intelligence Program.
Not later than 30 days after the end of each fiscal year, the Director of National Intelligence shall disclose to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such fiscal year.
The President may waive or postpone the disclosure required by subsection (a) or (b) for a fiscal year by submitting to the Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives—
a statement, in unclassified form, that the disclosure required in subsection (a) or (b) for that fiscal year would damage national security; and
a statement detailing the reasons for the waiver or postponement, which may be submitted in classified form.
The President shall submit the statements required under paragraph (1)—
in the case of a waiver or postponement of a disclosure required under subsection (a), at the time of the submission of the budget for the fiscal year for which such disclosure is waived or postponed; and
in the case of a waiver or postponement of a disclosure required under subsection (b), not later than 30 days after the date of the end of the fiscal year for which such disclosure is waived or postponed.
As used in this section, the term “National Intelligence Program” has the meaning given the term in section 3003(6) of this title .
Pub. L. 116–92, div. E, title LVII, § 5702, Dec. 20, 2019, 133 Stat. 2160, provided that:
“(a) Findings .— Congress finds the following: “(1) Consistent with section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ), the recent practice of the intelligence community has been to release to the public— “(A) around the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31 , United States Code, the ‘top-line’ amount of total funding requested for the National Intelligence Program for such fiscal year; and “(B) the amount of requested and appropriated funds for the National Intelligence Program and Military Intelligence Program for certain prior fiscal years, consistent with the protection of intelligence sources and methods. “(2) The Directorate of Strategic Operational Planning of the National Counterterrorism Center is responsible for producing an annual National Counterterrorism Budget report, which examines the alignment of intelligence and other resources in the applicable fiscal year budget with the counterterrorism goals and areas of focus in the National Strategy for Counterterrorism. “(b) Sense of Congress .— It is the sense of Congress that— “(1) despite the difficulty of compiling and releasing to the public comprehensive information on the resource commitments of the United States to counterterrorism activities and programs, including with respect to such activities and programs of the intelligence community, the United States Government could take additional steps to enhance the understanding of the public with respect to such resource commitments, in a manner consistent with the protection of intelligence sources and methods and other national security interests; and “(2) the United States Government should release to the public as much information as possible regarding the funding of counterterrorism activities and programs, including activities and programs of the intelligence community, in a manner consistent with the protection of intelligence sources and methods and other national security interests. “(c) Briefing on Public Release of Information.— “(1) Requirement .— Not later than 90 days after the date of the enactment of this Act [ Dec. 20, 2019 ], and not later than 90 days after the beginning of each fiscal year thereafter, the President shall ensure that the congressional intelligence committees receive a briefing from appropriate personnel of the United States Government on the feasibility of releasing to the public additional information relating to counterterrorism efforts of the intelligence community. “(2) Elements .— Each briefing required by paragraph (1) shall include a discussion of the feasibility of— “(A) subject to paragraph (3), releasing to the public the National Counterterrorism Budget report described in subsection (a)(2) for the prior fiscal year; and “(B) declassifying other reports, documents, or activities of the intelligence community relating to counterterrorism and releasing such information to the public in a manner consistent with the protection of intelligence sources and methods and other national security interests. “(3) Release of national counterterrorism budget report .— The President may satisfy the requirement under paragraph (2)(A) during a fiscal year by, not later than 90 days after the beginning of the fiscal year, releasing to the public the National Counterterrorism Budget report (with any redactions the Director determines necessary to protect intelligence sources and methods and other national security interests) for the prior fiscal year.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 5702 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]
The Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any element of the intelligence community shall, not later than 45 days after receiving a written request from the Chair or ranking minority member of the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives for any existing intelligence assessment, report, estimate, or legal opinion relating to matters within the jurisdiction of such Committee, make available to such committee such assessment, report, estimate, or legal opinion, as the case may be.
In response to a request covered by subsection (a), the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any element of the intelligence community shall provide to the Committee making such request the document or information covered by such request unless the President determines that such document or information shall not be provided because the President is asserting a privilege pursuant to the Constitution of the United States.
The White House Counsel shall submit to Congress in writing any assertion by the President under paragraph (1) of a privilege pursuant to the Constitution.
In this section:
The term “intelligence community” has the meaning given the term in section 3003(4) of this title .
The term “intelligence assessment” means an intelligence-related analytical study of a subject of policy significance and does not include building-block papers, research projects, and reference aids.
The term “intelligence estimate” means an appraisal of available intelligence relating to a specific situation or condition with a view to determining the courses of action open to an enemy or potential enemy and the probable order of adoption of such courses of action.
The Director of National Intelligence, in consultation with the Comptroller General of the United States, shall issue a written directive governing the access of the Comptroller General to information in the possession of an element of the intelligence community.
The Director of National Intelligence, in consultation with the Comptroller General, may issue an amendment to the directive issued under paragraph (1) at any time the Director determines such an amendment is appropriate.
The directive issued under paragraph (1) and any amendment to such directive issued under paragraph (2) shall be consistent with the provisions of—
chapter 7 of title 31; and
the National Security Act of 1947 (50 U.S.C. 401 et seq.).
The Comptroller General of the United States shall ensure that the level of confidentiality of information made available to the Comptroller General pursuant to the directive issued under subsection (a)(1) or an amendment to such directive issued under subsection (a)(2) is not less than the level of confidentiality of such information required of the head of the element of the intelligence community from which such information was obtained.
An officer or employee of the Government Accountability Office shall be subject to the same statutory penalties for unauthorized disclosure or use of such information as an officer or employee of the element of the intelligence community from which such information was obtained.
The directive issued under subsection (a)(1) shall be submitted to Congress by the Director of National Intelligence, together with any comments of the Comptroller General of the United States, no later than May 1, 2011 .
Any amendment to such directive issued under subsection (a)(2) shall be submitted to Congress by the Director, together with any comments of the Comptroller General.
The directive issued under subsection (a)(1) and any amendment to such directive issued under subsection (a)(2) shall take effect 60 days after the date such directive or amendment is submitted to Congress under subsection (c), unless the Director determines that for reasons of national security the directive or amendment should take effect sooner.
For definition of “intelligence community”, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.
The Director of the National Reconnaissance Office shall provide to the Comptroller General of the United States, in a timely manner, access to the cost, schedule, and performance information the Comptroller General requires to conduct assessments, as required by any of the appropriate congressional committees, of programs of the National Reconnaissance Office.
In this section, the term “appropriate congressional committees” means—
the congressional defense committees; and
the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.
The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include—
a description of such advisory committee, including the subject matter of such committee;
a list of members of such advisory committee; and
in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 1003(b)(3) of title 5 that an advisory committee cannot comply with the requirements of chapter 10 of title 5.
For definition of “congressional intelligence committees” as used in this section, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.
The President shall submit to the congressional committees specified in subsection (d) each year a report (in both classified and unclassified form) on United States security arrangements with, and commitments to, other nations.
The President shall include in each such report the following:
A description of—
each security arrangement with, or commitment to, other nations, whether based upon (i) a formal document (including a mutual defense treaty, a pre-positioning arrangement or agreement, or an access agreement), or (ii) an expressed policy; and
the historical origins of each such arrangement or commitment.
An evaluation of the ability of the United States to meet its commitments based on the projected reductions in the defense structure of the United States.
A plan for meeting each of those commitments with the force structure projected for the future.
An assessment of the need to continue, modify, or discontinue each of those arrangements and commitments in view of the changing international security situation.
The President shall submit the report required by subsection (a) not later than February 1 of each year.
The congressional committees referred to in subsection (a) are the following:
The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
The Committee on Armed Services and the Committee on International Relations of the House of Representatives.
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.
Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following:
The congressional intelligence committees.
The Subcommittee on Defense of the Committee on Appropriations of the Senate.
The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
In the case of a plan for an element of the intelligence community that is within the Department of Defense, to—
the Committee on Armed Services of the Senate; and
the Committee on Armed Services of the House of Representatives.
In this section, the term “head of an applicable agency” includes the following:
The Director of National Intelligence.
The Director of the Central Intelligence Agency.
Each head of each element of the intelligence community that is within the Department of Defense.
For definition of “congressional intelligence committees” as used in this section, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.
[Repealed]
Each year, concurrent with the annual budget request submitted by the President to Congress under section 1105 of title 31 , each head of an element of the intelligence community shall submit to the congressional intelligence committees a report that lists each memorandum of understanding or other agreement regarding significant operational activities or policy entered into during the most recently completed fiscal year between or among such element and any other entity of the United States Government.
Each head of an element of an intelligence community who receives a request from the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a memorandum of understanding or other document listed in a report submitted by the head under subsection (a) shall submit to such committee the requested copy as soon as practicable after receiving such request.
Nothing in this section may be construed to require an element of the intelligence community to submit to the congressional intelligence committees any memorandum or agreement that is solely administrative in nature, including a memorandum or agreement regarding joint duty or other routine personnel assignments.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Appropriations and the Committee on Armed Services of the Senate; and
the Committee on Appropriations and the Committee on Armed Services of the House of Representatives.
Not later than 120 days after May 5, 2017 , and annually thereafter, the Director of the National Security Agency, in coordination with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate committees of Congress a report on national security systems.
Each report submitted under subsection (b) shall include information related to—
national security systems or components thereof that have been decertified and are still in operational use;
extension requests and the current status of any national security systems still in use or components thereof that have been decertified and are still in use;
national security systems known to not be in compliance with the policies, principles, standards, and guidelines issued by the Committee on National Security Systems established pursuant to National Security Directive 42, signed by the President on July 5, 1990; and
organizations which have not provided access or information to the Director of the National Security Agency that is adequate to enable the Director to make a determination as to whether such organizations are in compliance with the policies, principles, standards, and guidelines issued by such Committee on National Security Systems.
For definition of “congressional intelligence committees” as used in this section, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
[Repealed]
In this section:
The term “electronic repository” means the electronic distribution mechanism, in use as of December 20, 2019 , or any successor electronic distribution mechanism, by which the Director of National Intelligence submits to the congressional intelligence committees information.
The term “policy”, with respect to the intelligence community, includes unclassified or classified—
directives, policy guidance, and policy memoranda of the intelligence community;
executive correspondence of the Director of National Intelligence; and
any equivalent successor policy instruments.
Not later than 180 days after December 20, 2019 , the Director of National Intelligence shall submit to the congressional intelligence committees using the electronic repository all nonpublicly available policies issued by the Director of National Intelligence for the intelligence community that are in effect as of the date of the submission.
Not later than 15 days after the date on which the Director of National Intelligence issues, modifies, or rescinds a policy of the intelligence community, the Director shall—
notify the congressional intelligence committees of such addition, modification, or removal; and
update the electronic repository with respect to such addition, modification, or removal.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section:
The term “Vulnerabilities Equities Policy and Process document” means the executive branch document entitled “Vulnerabilities Equities Policy and Process” dated November 15, 2017 .
The term “Vulnerabilities Equities Process” means the interagency review of vulnerabilities, pursuant to the Vulnerabilities Equities Policy and Process document or any successor document.
The term “vulnerability” means a weakness in an information system or its components (for example, system security procedures, hardware design, and internal controls) that could be exploited or could affect confidentiality, integrity, or availability of information.
Not later than 90 days after December 20, 2019, the Director of National Intelligence shall submit to the congressional intelligence committees a written report describing—
with respect to each element of the intelligence community—
the title of the official or officials responsible for determining whether, pursuant to criteria contained in the Vulnerabilities Equities Policy and Process document or any successor document, a vulnerability must be submitted for review under the Vulnerabilities Equities Process; and
the process used by such element to make such determination; and
the roles or responsibilities of that element during a review of a vulnerability submitted to the Vulnerabilities Equities Process.
Not later than 30 days after any significant change is made to the process and criteria used by any element of the intelligence community for determining whether to submit a vulnerability for review under the Vulnerabilities Equities Process, such element shall submit to the congressional intelligence committees a report describing such change.
Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.
Not less frequently than once each calendar year, the Director of National Intelligence shall submit to the congressional intelligence committees a classified report containing, with respect to the previous year—
the number of vulnerabilities submitted for review under the Vulnerabilities Equities Process;
the number of vulnerabilities described in subparagraph (A) disclosed to each vendor responsible for correcting the vulnerability, or to the public, pursuant to the Vulnerabilities Equities Process; and
the aggregate number, by category, of the vulnerabilities excluded from review under the Vulnerabilities Equities Process, as described in paragraph 5.4 of the Vulnerabilities Equities Policy and Process document.
Each report submitted under paragraph (1) shall include an unclassified appendix that contains—
the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process; and
the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process known to have been patched.
The Director of National Intelligence may forgo submission of an annual report required under this subsection for a calendar year, if the Director notifies the intelligence committees in writing that, with respect to the same calendar year, an annual report required by paragraph 4.3 of the Vulnerabilities Equities Policy and Process document already has been submitted to Congress, and such annual report contains the information that would otherwise be required to be included in an annual report under this subsection.
The Director of National Intelligence shall make available to the public each unclassified appendix submitted with a report under paragraph (1) pursuant to paragraph (2).
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section, the term “covered national emergency” means the following:
A major disaster declared by the President under section 5170 of title 42.
An emergency declared by the President under section 5191 of title 42.
A national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).
A public health emergency declared under section 247d of title 42.
The Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each establish continuity of operations plans for use in the case of covered national emergencies for the element of the intelligence community concerned.
Not later than 7 days after the date on which a covered national emergency is declared, the Director of National Intelligence and the Director of the Central Intelligence Agency shall each submit to the congressional intelligence committees the plan established under subsection (b) for that emergency for the element of the intelligence community concerned.
Not later than 7 days after the date on which a covered national emergency is declared, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit the plan established under subsection (b) for that emergency for the element of the intelligence community concerned to the following:
The congressional intelligence committees.
The Committee on Armed Services of the Senate.
The Committee on Armed Services of the House of Representatives.
During a covered national emergency, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit any updates to the plans submitted under subsection (c)—
in accordance with that subsection; and
in a timely manner consistent with section 3091 of this title.
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 2 of div. W of Pub. L. 116–260, set out as a note under section 3003 of this title.
Not later than September 30, 2023, the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security, in consultation with the heads of the elements of the intelligence community, shall jointly develop and publish definitions for the following terms:
Acoustic intelligence.
All-source intelligence.
Communications intelligence.
Critical intelligence.
Cyber-threat intelligence.
Electronic intelligence.
Explosive ordnance intelligence.
General military intelligence.
Imagery intelligence.
Geospatial intelligence.
Instrumentation signals intelligence.
Intelligence-related activity.
Joint intelligence.
Measurement and signature intelligence.
Medical intelligence.
Open-source intelligence.
Operational intelligence.
Scientific and technical intelligence.
Signals intelligence.
Strategic intelligence.
Tactical intelligence.
Target intelligence.
Technical intelligence.
Such others terms as may be jointly determined necessary by the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security.
The Director of National Intelligence shall ensure that the definitions developed under subsection (a) are used uniformly across activities of the intelligence community with respect to the corresponding terms specified in such subsection.
The Director of National Intelligence and the Under Secretary of Defense for Intelligence shall submit to the appropriate congressional committees notification of any modification by the Director and Under Secretary to a definition of a term specified in subsection (a) following the initial publication of the definition under such subsection.
In this section, the term “appropriate congressional committees” means—
the congressional intelligence committees; and
the Committees on Armed Services of the House of Representatives and the Senate.
Pub. L. 117–103, div. X, title VIII, § 825(b)(5), (c), Mar. 15, 2022, 136 Stat. 1028, 1029, provided that:
[“(b) National Intelligence Estimate.—]
“(5) Definitions.—In this subsection [pars. (1) to (4) not classified to the Code]:
“(A) Gray zone activity.—The term ‘gray zone activity’ means an activity to advance the national interests of a State that—
“(i) falls between ordinary statecraft and open warfare;
“(ii) is carried out with an intent to maximize the advancement of interests of the state without provoking a kinetic military response by the United States; and
“(iii) falls on a spectrum that ranges from covert adversary operations, to detectible covert adversary operations, to unattributable adversary operations, to deniable adversary operations, to open adversary operations.
“(B) Covert adversary operation.—The term ‘covert adversary operation’ means an operation by an adversary that—
“(i) the adversary intends to remain below the threshold at which the United States detects the operation; and
“(ii) does stay below such threshold.
“(C) Detectible covert adversary operation.—The term ‘detectible covert adversary operation’ means an operation by an adversary that—
“(i) the adversary intends to remain below the threshold at which the United States detects the operation; but
“(ii) is ultimately detected by the United States at a level below the level at which the United States will publicly attribute the operation to the adversary.
“(D) Unattributable adversary operation.—The term ‘unattributable adversary operation’ means an operation by an adversary that the adversary intends to be detected by the United States, but remains below the threshold at which the United States will publicly attribute the operation to the adversary.
“(E) Deniable adversary operation.—The term ‘deniable adversary operation’ means an operation by an adversary that—
“(i) the adversary intends to be detected and publicly or privately attributed by the United States; and
“(ii) the adversary intends to deny, to limit the response by the United States, and any allies of the United States.
“(F) Open adversary operation.—The term ‘open adversary operation’ means an operation by an adversary that the adversary openly acknowledges as attributable to the adversary.
“(c) Requirement to Develop Lexicon.—
“(1) Requirement.—The Director of National Intelligence, acting through the National Intelligence Council, shall develop a lexicon of common terms (and corresponding definitions for such terms) for concepts associated with gray zone activities.
“(2) Considerations.—In developing the lexicon under paragraph (1), the National Intelligence Council shall include in the lexicon each term (and the corresponding definition for each term) specified in subsection (b)(5), unless the National Intelligence Council determines that an alternative term (or alternative definition)—
“(A) more accurately describes a concept associated with gray zone activities; or
“(B) is preferable for any other reason.
“(3) Report.—
“(A) Publication.—The Director of National Intelligence shall publish a report containing the lexicon developed under paragraph (1).
“(B) Form.—The report under subparagraph (A) shall be published in unclassified form.”
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.
SUBCHAPTER II— PERSONNEL AND ADMINISTRATIVE AUTHORITIES
The Director of National Intelligence may provide for the establishment and training of a National Intelligence Reserve Corps (in this section referred to as “National Intelligence Reserve Corps”) for the temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during periods of emergency, as determined by the Director.
An individual may participate in the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community.
The Director of National Intelligence shall prescribe the terms and conditions under which eligible individuals may participate in the National Intelligence Reserve Corps.
The Director of National Intelligence may provide members of the National Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of participating in any training that relates to service as a member of the Reserve Corps.
If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby.
An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5.
A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Office of the Director of National Intelligence.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Congress makes the following findings:
Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community.
Since September 11, 2001, the need for language proficiency levels to meet required national security functions has been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical.
The Director of National Intelligence shall—
identify the linguistic requirements for the Office of the Director of National Intelligence;
identify specific requirements for the range of linguistic skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign languages; and
develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists.
In carrying out activities under paragraph (1), the Director shall take into account education grant programs of the Department of Defense and the Department of Education that are in existence as of December 17, 2004.
The Director of National Intelligence shall require the head of each element and component within the Office of the Director of National Intelligence who has responsibility for professional intelligence training to periodically review and revise the curriculum for the professional intelligence training of the senior and intermediate level personnel of such element or component in order to—
strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office; and
prepare such personnel for duty with other departments, agencies, and elements of the intelligence community.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 109–364, div. A, title IX, § 944(a)(1), Oct. 17, 2006, 120 Stat. 2366, transferred administration of pilot project on establishment of Civilian Linguist Reserve Corps required by section 613 of the Intelligence Authorization Act for Fiscal Year 2005 [Pub. L. 108–487, formerly set out as a note below] from Director of National Intelligence to Secretary of Defense.
Pub. L. 109–163, div. A, title XI, § 1124, Jan. 6, 2006, 119 Stat. 3454, authorized Secretary of Defense to support implementation of Civilian Linguist Reserve Corps pilot project authorized by section 613 of the Intelligence Authorization Act for Fiscal Year 2005 [Pub. L. 108–487, formerly set out as a note below], subject to availability of appropriated funds.
Pub. L. 108–487, title VI, § 613, Dec. 23, 2004, 118 Stat. 3959, as amended by Pub. L. 109–364, div. A, title IX, § 944(a)(2), (b)–(e), Oct. 17, 2006, 120 Stat. 2366, provided that Secretary of Defense, in coordination with Director of National Intelligence, shall conduct five-year pilot project to assess feasibility and advisability of establishing Civilian Linguist Reserve Corps comprised of United States citizens with advanced levels of proficiency in foreign languages who would be available upon the call of the Secretary to perform such service or duties with respect to such foreign languages in the intelligence community as the Secretary may specify and provided that the Secretary shall submit final report on project to Congress six months after completion of project.
The Director of Central Intelligence may exercise the authority granted in section 4503 of title 5 , with respect to Federal employees and members of the Armed Forces detailed or assigned to the Central Intelligence Agency or to the Intelligence Community Staff, in the same manner as such authority may be exercised with respect to the personnel of the Central Intelligence Agency and the Intelligence Community Staff.
The authority granted by subsection (a) of this section may be exercised with respect to Federal employees or members of the Armed Forces detailed or assigned to the Central Intelligence Agency or to the Intelligence Community Staff on or after a date five years before December 9, 1983 .
During fiscal year 1987, the Director of Central Intelligence may exercise the authority granted in section 4503(2) of title 5 with respect to members of the Armed Forces who are assigned to foreign intelligence duties at the time of the conduct which gives rise to the exercise of such authority.
An award made by the Director of Central Intelligence to an employee or member of the Armed Forces under the authority of section 4503 of title 5 or this section may be paid and accepted notwithstanding—
section 5536 of title 5; and
the death, separation, or retirement of the employee or the member of the Armed Forces whose conduct gave rise to the award, or the assignment of such member to duties other than foreign intelligence duties.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
It is the policy of the United States that an element of the Intelligence Community may not use as an agent or asset for the purposes of collecting intelligence any individual who—
is authorized by contract or by the issuance of press credentials to represent himself or herself, either in the United States or abroad, as a correspondent of a United States news media organization; or
is officially recognized by a foreign government as a representative of a United States media organization.
Pursuant to such procedures as the President may prescribe, the President or the Director of Central Intelligence may waive subsection (a) in the case of an individual if the President or the Director, as the case may be, makes a written determination that the waiver is necessary to address the overriding national security interest of the United States. The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate shall be notified of any waiver under this subsection.
Subsection (a) shall not be construed to prohibit the voluntary cooperation of any person who is aware that the cooperation is being provided to an element of the United States Intelligence Community.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
Congress finds that longstanding statutes, regulations, and policies of the United States prohibit employees, agents, and assets of the elements of the intelligence community, and of every other Federal department and agency, from engaging in the illegal manufacture, purchase, sale, transport, and distribution of drugs.
Any employee of the intelligence community having knowledge of a fact or circumstance that reasonably indicates that an employee, agent, or asset of an element of the intelligence community is involved in any activity that violates a statute, regulation, or policy described in subsection (a) shall report such knowledge to an appropriate official.
In this section, the term “intelligence community” has the meaning given that term in section 3003(4) of this title .
During the current fiscal year and hereafter, none of the funds appropriated for intelligence programs to the Department of Defense which are transferred to another Federal agency for execution shall be expended by the Department of Defense in any fiscal year in excess of amounts required for expenditure during such fiscal year by the Federal agency to which such funds are transferred.
During the current fiscal year and thereafter, no funds may be made available through transfer, reprogramming, or other means between the Central Intelligence Agency and the Department of Defense for any intelligence or special activity different from that previously justified to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appropriations Committees of the intent to make such funds available for such activity.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 102–396, title IX, § 9014, Oct. 6, 1992, 106 Stat. 1903.
Pub. L. 102–172, title VIII, § 8014, Nov. 26, 1991, 105 Stat. 1174.
Pub. L. 101–511, title VIII, § 8015, Nov. 5, 1990, 104 Stat. 1878.
Pub. L. 101–165, title IX, § 9022, Nov. 21, 1989, 103 Stat. 1134.
Pub. L. 100–463, title VIII, § 8035, Oct. 1, 1988, 102 Stat. 2270–23.
Pub. L. 100–202, § 101(b) [title VIII, § 8037], Dec. 22, 1987, 101 Stat. 1329–43, 1329–68.
No part of the funds appropriated in any act shall be used to pay (1) any person, firm, or corporation, or any combinations of persons, firms, or corporations, to conduct a study or to plan when and how or in what circumstances the Government of the United States should surrender this country and its people to any foreign power, (2) the salary or compensation of any employee or official of the Government of the United States who proposes or contracts or who has entered into contracts for the making of studies or plans for the surrender by the Government of the United States of this country and its people to any foreign power in any event or under any circumstances.
The Director of National Intelligence shall direct that elements of the intelligence community, whenever compatible with the national security interests of the United States and consistent with the operational and security concerns related to the conduct of intelligence activities, and where fiscally sound, shall award contracts in a manner that would maximize the procurement of products in the United States.
In this section, the term “intelligence community” has the meaning given that term in section 3003(4) of this title .
Pub. L. 119–60, div. F, title LXVII, § 6703, Dec. 18, 2025, 139 Stat. 1644, provided that:
“(a) Definitions .— In this section: “(1) 1260H list .— The term ‘1260H list’ means the list of Chinese military companies operating in the United States most recently submitted under section 1260H(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 [ Pub. L. 116–283 ] ( 10 U.S.C. 113 note). “(2) Affiliate .— The term ‘affiliate’ means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity. “(3) Biotechnology .— The term ‘biotechnology’ means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics. “(b) Prohibition .— Subject to subsections (d) and (e), a head of an element of the intelligence community may not enter into, renew, or extend any contract for a product or service with— “(1) any entity listed on the 1260H list that is engaged in biotechnology research, development, or manufacturing activities; “(2) any entity that is a known or assessed affiliate of any entity described in paragraph (1); “(3) any entity that has a known or assessed joint venture, partnership, or contractual relationship with any entity described in paragraph (1), if the Director of National Intelligence determines that the relationship presents a risk to the national security of the United States; or “(4) any other entity that is engaged in biotechnology research, development, or manufacturing activities, if the Director of National Intelligence determines that the activities present a risk to the national security of the United States. “(c) Implementation and Compliance .— The Director of National Intelligence shall, in consultation with the heads of the elements of the intelligence community— “(1) establish guidelines for the implementation of this section; “(2) maintain both a publicly available and classified list of entities covered by the prohibition in subsection (b); “(3) require that each head of an element of the intelligence community ensure that any contractor engaged by the element certify that neither it nor any of its subcontractors are engaged in a contract for a product or service with an entity covered by the prohibition in subsection (b); and “(4) otherwise ensure compliance with subsection (b). “(d) Waiver Process.— “(1) In general .— The Director of National Intelligence may establish a waiver process for the heads of the elements of the intelligence community under which the head of the relevant element may waive the prohibition under subsection (b) for a procurement on a case-by-case basis. A waiver may be made under the process only if the head of the relevant element— “(A) complies with any conditions the Director may establish for the process; and “(B) determines, in writing, that— “(i) the procurement is essential for national security and no reasonable alternative source exists; and “(ii) appropriate measures are in place to mitigate risks associated with the procurement. “(2) Congressional notification .— For each waiver for a procurement issued under subsection (b) [probably should be “paragraph (1)”], the Director and the relevant head of the element of the intelligence community shall, not later than 30 days after issuing the waiver, submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notice of the waiver, which shall include a justification for the waiver and a description of the risk mitigation measures implemented for the procurement. “(e) Exceptions .— The prohibition in subsection (b) shall not apply to— “(1) the acquisition or provision of health care services overseas for— “(A) employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10 , United States Code), whose official duty stations are located overseas or who are on permissive temporary duty travel overseas; or “(B) employees of contractors or subcontractors of the United States— “(i) who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and “(ii) whose primary duty stations are located overseas or who are on permissive temporary duty travel overseas; or “(2) the acquisition, use, or distribution of human multiomic data, lawfully compiled, that is commercially or publicly available. “(f) Effective Date .— This section shall take effect on the date that is 60 days after the date of the enactment of this Act [ Dec. 18, 2025 ] and apply to any contract entered into, renewed, or extended on or after such effective date. “(g) Sunset .— The provisions of this section shall terminate on the date that is 10 years after the date of the enactment of this Act. “(h) Rule of Construction .— This section shall only be construed to apply to activities of an element of the intelligence community.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6703 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
Pub. L. 112–87, title III, § 309, Jan. 3, 2012, 125 Stat. 1883, formerly set out as a note under this section, was transferred to section 3334e of this title.
The Director of National Intelligence shall establish procedures that require each cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.
The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a).
The procedures established pursuant to subsection (a) shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following:
A description of the technique or method used in such penetration.
A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration.
A summary of information created by or for such element in connection with any program of such element that has been potentially compromised due to such penetration.
The procedures established pursuant to subsection (a) shall—
include mechanisms for intelligence community personnel to, upon request, obtain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor;
provide that a cleared intelligence contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated; and
provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person (other than the name of the suspected perpetrator of the penetration).
The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except—
with the approval of the contractor providing such information;
to the congressional intelligence committees or the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate for such committees and such Subcommittees to perform oversight; or
to law enforcement agencies to investigate a penetration reported under this section.
Not later than 90 days after July 7, 2014 , the Director of National Intelligence shall establish the procedures required under subsection (a) and the criteria required under subsection (b).
The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures required under this section.
Not later than 180 days after July 7, 2014 , the Director of National Intelligence and the Secretary of Defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. 2224 note) to submit a single report that satisfies the requirements of this section and such section 941 for an incident of penetration of network or information system.
In this section:
The term “cleared intelligence contractor” means a private entity granted clearance by the Director of National Intelligence or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community.
The term “covered network” means a network or information system of a cleared intelligence contractor that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection.
Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.
Beginning on October 1, 2018 , the Director of National Intelligence shall improve management of the workforce of the intelligence community by enabling elements of the intelligence community to build and maintain an appropriate mix between employees of the United States Government and core contractors.
Not later than July 1, 2017 , and each 120 days thereafter until July 1, 2018 , the Director of National Intelligence shall brief the congressional intelligence committees on the initiative required by paragraph (1).
Beginning on October 1, 2018, the personnel levels of the intelligence community shall be managed each fiscal year on the basis of—
the workload required to carry out the functions and activities of the intelligence community; and
the funds made available to the intelligence community in accordance with section 3094 of this title.
Beginning on October 1, 2018 , the management of such personnel in the intelligence community in any fiscal year shall not be subject to an externally imposed constraint or limitation expressed in terms of man years, end strength, full-time equivalent positions, or maximum number of employees.
Not later than 180 days after May 5, 2017, the Director of National Intelligence shall issue a written report and provide a briefing to the congressional intelligence committees on—
the methodology used to calculate the number of civilian and contractor full-time equivalent positions in the intelligence community;
the cost analysis tool used to calculate personnel costs in the intelligence community; and
the plans of the Director of National Intelligence and the head of each element of the intelligence community to implement a multi-sector workforce as required by subsections (a) and (b).
Not later than 240 days after May 5, 2017 , the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a written report on the accuracy of intelligence community data for the numbers and costs associated with the civilian and contractor workforce in each element of the intelligence community.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
In this section:
The term “engagement”—
means any significant interaction between an element of the intelligence community and an entertainment industry entity for the purposes of contributing to an entertainment product intended to be heard, read, viewed, or otherwise experienced by the public; and
does not include routine inquiries made by the press or news media to the public affairs office of an intelligence community.
The term “entertainment industry entity” means an entity that creates, produces, promotes, or distributes a work of entertainment intended to be heard, read, viewed, or otherwise experienced by an audience, including—
theater productions, motion pictures, radio broadcasts, television broadcasts, podcasts, webcasts, other sound or visual recording, music, or dance;
books and other published material; and
such other entertainment activity, as determined by the Director of National Intelligence.
Not later than 180 days after May 5, 2017 , the Director of National Intelligence shall issue, and release to the public, guidance regarding engagements by elements of the intelligence community with entertainment industry entities.
The guidance required by paragraph (1) shall permit an element of the intelligence community to conduct engagements, if the head of the element, or a designee of such head, provides prior approval.
At the written request of either of the congressional intelligence committees, the Director of National Intelligence shall submit to such committees information with respect to engagements occurring during the calendar year prior to the year during which such request is made. Such information may include—
a description of the nature and duration of each such engagement;
the cost incurred by the United States Government for each such engagement;
a description of the benefits to the United States Government for each such engagement;
a determination of whether any information was declassified, and whether any classified information was improperly disclosed, for each such engagement; and
a description of the work produced through each such engagement.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
Congress finds the following:
The Director of National Intelligence set a strategic goal to use joint facilities as a means to save costs by consolidating administrative and support functions across multiple elements of the intelligence community.
The use of joint facilities provides more opportunities for operational collaboration and information sharing among elements of the intelligence community.
Before an element of the intelligence community purchases, leases, or constructs a new facility that is 20,000 square feet or larger, the head of that element of the intelligence community shall submit to the Director of National Intelligence—
a written certification that, to the best of the knowledge of the head of such element, all prospective joint facilities in the vicinity have been considered and the element is unable to identify a joint facility that meets the operational requirements of such element; and
a written statement listing the reasons for not participating in the prospective joint facilities considered by the element.
For definition of “intelligence community” as used in this section, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
Not later than 270 days after December 20, 2019 , the Director of National Intelligence shall develop policies, processes, and procedures to facilitate the rotation of personnel of the intelligence community to the private sector, and personnel from the private sector to the intelligence community.
The Director shall ensure that the policies, processes, and procedures developed pursuant to paragraph (1) require exchanges under this section that relate to intelligence or counterintelligence with a focus on rotations described in such paragraph with private-sector organizations in the following fields:
Finance.
Acquisition.
Biotechnology.
Computing.
Artificial intelligence.
Business process innovation and entrepreneurship.
Cybersecurity.
Materials and manufacturing.
Any other technology or research field the Director determines relevant to meet evolving national security threats in technology sectors.
Under policies developed by the Director pursuant to subsection (a), pursuant to a written agreement with a private-sector organization, and with the consent of the employee, a head of an element of the intelligence community may arrange for the temporary detail of an employee of such element to such private-sector organization, or from such private-sector organization to such element under this section.
A head of an element of the intelligence community exercising the authority of the head under subsection (a) shall provide for a written agreement among the element of the intelligence community, the private-sector organization, and the employee concerned regarding the terms and conditions of the employee’s detail under this section. The agreement—
shall require that the employee of the element, upon completion of the detail, serve in the element, or elsewhere in the civil service if approved by the head of the element, for a period that is at least equal to the length of the detail;
shall provide that if the employee of the element fails to carry out the agreement, such employee shall be liable to the United States for payment of all nonsalary and benefit expenses of the detail, unless that failure was for good and sufficient reason, as determined by the head of the element;
shall contain language informing such employee of the prohibition on sharing, using, or otherwise improperly handling classified or unclassified nonpublic information for the benefit or advantage of the private-sector organization;
shall contain language governing the handling of classified information by such employee during the detail; and
shall contain language requiring the employee to acknowledge the obligations of the employee under section 1905 of title 18.
An amount for which an employee is liable under paragraph (1) shall be treated as a debt due the United States.
The head of an element of the intelligence community may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee.
A detail under this section may, at any time and for any reason, be terminated by the head of the element of the intelligence community concerned or the private-sector organization concerned.
A detail under this section shall be for a period of not less than 3 months and not more than 2 years, renewable up to a total of 5 years.
A detail under this section may be for a period in excess of 2 years, but not more than 5 years, if the head of the element making the detail determines that such detail is necessary to meet critical mission or program requirements.
No employee of an element of the intelligence community may be detailed under this section for more than a total of 5 years, inclusive of all such details.
An employee of an element of the intelligence community who is detailed to a private-sector organization under this section shall be considered, during the period of detail, to be on a regular work assignment in the element. The written agreement established under subsection (c)(1) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee.
In establishing a temporary detail of an employee of an element of the intelligence community to a private-sector organization, the head of the element shall—
certify that the temporary detail of such employee shall not have an adverse or negative impact on mission attainment or organizational capabilities associated with the detail; and
in the case of an element of the intelligence community in the Department of Defense, ensure that the normal duties and functions of such employees are not, as a result of and during the course of such temporary detail, performed or augmented by contractor personnel in violation of the provisions of section 2461 of title 10.
An employee of a private-sector organization who is detailed to an element of the intelligence community under this section—
shall continue to receive pay and benefits from the private-sector organization from which such employee is detailed and shall not receive pay or benefits from the element, except as provided in paragraph (2);
is deemed to be an employee of the element for the purposes of—
chapters 73 and 81 of title 5;
sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
sections 1343, 1344, and 1349(b) of title 31;
chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”) and any other Federal tort liability statute;
the Ethics in Government Act of 1978 (5 U.S.C. App.); 1 and
chapter 21 of title 41;
may perform work that is considered inherently governmental in nature only when requested in writing by the head of the element;
may not be used to circumvent any limitation or restriction on the size of the workforce of the element;
shall be subject to the same requirements applicable to an employee performing the same functions and duties proposed for performance by the private-sector employee;
in the case of an element of the intelligence community in the Department of Defense, may not be used to circumvent the provisions of section 2461 of title 10; and
shall not have access to any trade secrets or proprietary information which is of commercial value or competitive advantage to the private-sector organization from which such employee is detailed.
A private-sector organization may not charge an element of the intelligence community or any other agency of the Federal Government, as direct costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee detailed to an element of the intelligence community under this section for the period of the detail and any subsequent renewal periods.
A private-sector organization that temporarily details a member of its workforce to an element of the intelligence community or that accepts the temporary detail of a member of the intelligence community shall not be considered to have an organizational conflict of interest with the element of the intelligence community solely because of participation in the program established under this section.
If the identification of an organizational conflict of interest arises based on the particular facts surrounding an individual’s participation in the program established under this section and the nature of any contract, then the heads of intelligence community elements shall implement a system to avoid, neutralize, or mitigate any such organizational conflicts of interest.
In carrying out this section, the Director, pursuant to procedures developed under subsection (a)—
shall, to the degree practicable, ensure that small business concerns are represented with respect to details authorized by this section;
may, notwithstanding any other provision of law, establish criteria for elements of the intelligence community to use appropriated funds to reimburse small business concerns for the salaries and benefits of its employees during the periods when the small business concern agrees to detail its employees to the intelligence community under this section;
shall take into consideration the question of how details under this section might best be used to help meet the needs of the intelligence community, including with respect to the training of employees;
shall take into consideration areas of private-sector expertise that are critical to the intelligence community; and
shall establish oversight mechanisms to determine whether the public-private exchange authorized by this section improves the efficiency and effectiveness of the intelligence community.
For definition of “intelligence community” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
Upon the submission of the joint certifications under subsection (b)(1), the Secretary of Defense and the Director of National Intelligence shall take such actions that the Director determines necessary to transfer the National Intelligence University from the Defense Intelligence Agency to the Director of National Intelligence.
Except as provided by paragraph (2), as soon as practicable after December 20, 2019, but not later than 18 months after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees written certifications of each of the following:
The Middle States Commission on Higher Education has provided regional academic accreditation for the National Intelligence University before the date of the certification, or will provide such academic accreditation as of the date on which the University is transferred under subsection (a).
Members of the Armed Forces attending the University will be eligible to receive credit for Phase I joint professional military education.
The Secretary of Education has informed the Director of National Intelligence that the Secretary has recommended approval of the degrees to be conferred pursuant to section 3227a(b) of this title or will provide such recommended approval as of the date on which the University is transferred under subsection (a).
The Director of National Intelligence, in collaboration with the Secretary of Defense, has established an appropriate governance model for the University.
The Secretary of Defense shall use the University to provide personnel of the Department of Defense with advanced intelligence education.
If the Secretary of Defense and the Director of National Intelligence fail to submit the certifications under paragraph (1) by the date specified in such paragraph, the Secretary and the Director shall—
jointly submit to the appropriate congressional committees a report on such failure by not later than 21 months after December 20, 2019; and
jointly submit such certifications as soon as practicable.
The report under subparagraph (A)(i) shall contain the following:
A description of the progress made toward fulfilling the conditions described in such paragraph as of the date of the report.
A description of any obstacles preventing the fulfillment of such conditions.
The estimated dates of completion for the fulfillment of such conditions and the submission of the certifications.
Not later than 90 days after December 20, 2019, the Director of National Intelligence, the Director of the Defense Intelligence Agency, and the President of the National Intelligence University shall jointly provide to the appropriate congressional committees a briefing on the plan to carry out the transfer under subsection (a), including with respect to—
ensuring the provision of services to all elements of the intelligence community;
employing a military cadre at the University; and
addressing the current accreditation status of the National Intelligence University with the Middle States Commission on Higher Education.
Not later than 90 days after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees an estimate of—
the annual costs of operating the National Intelligence University; and
the costs to the Federal Government of transferring the National Intelligence University to the Director of National Intelligence.
The estimate submitted under paragraph (1) shall include all indirect costs, including with respect to human resources, security, facilities, and information technology.
The amendments made by paragraph (1) shall take effect on the date on which the Secretary of Defense and the Director of National Intelligence jointly submit the joint certifications under subsection (b)(1). The Secretary and the Director shall jointly notify the Law Revision Counsel of the House of Representatives of the submission of the certifications so that the Law Revision Counsel may execute the amendments made by paragraph (1).
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees; and
the Committees on Armed Services of the Senate and House of Representatives.
The term “Phase I joint professional military education” has the meaning given that term pursuant to section 2154 of title 10 .
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
Not later than 180 days after December 20, 2019 , the Director of National Intelligence shall make available to the public, the appropriate congressional committees, and the workforce of the intelligence community a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the intelligence community.
A report made available under paragraph (1)—
shall include unclassified reports and barrier analyses relating to diversity and inclusion efforts;
shall include aggregate demographic data—
by segment of the workforce of the intelligence community and grade or rank;
relating to attrition and promotion rates;
that addresses the compliance of the intelligence community with validated inclusion metrics, such as the New Inclusion Quotient index score; and
that provides demographic comparisons to the relevant nongovernmental labor force and the relevant civilian labor force;
shall include an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations;
shall include demographic data relating to participants in professional development programs of the intelligence community and the rate of placement into senior positions for participants in such programs;
shall include any voluntarily collected demographic data relating to the membership of any external advisory committee or board to which individuals in senior positions in the intelligence community appoint members; and
may include data in proportions or percentages to account for concerns relating to the protection of classified information.
Not later than March 31 of each year, the Director of National Intelligence shall provide a report (which may be provided as part of an annual report required under another provision of law) to the workforce of the intelligence community (including senior leadership), the public, and the appropriate congressional committees that includes—
demographic data and information on the status of diversity and inclusion efforts of the intelligence community, including demographic data relating to—
the average years of service;
the average number of years of service for each level in the General Schedule, Senior Executive Service, Senior Intelligence Service, or equivalent; and
career categories;
an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; and
demographic data relating to participants in professional development programs of the intelligence community and the rate of placement into senior positions for participants in such programs.
The Director of National Intelligence shall develop a system to collect and analyze applicant flow data for as many positions within the intelligence community as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions.
The collection of applicant flow data may be implemented by the Director of National Intelligence in a phased approach commensurate with the resources available to the intelligence community.
The Director of National Intelligence may submit to the Office of Management and Budget and to the appropriate congressional committees a recommendation regarding whether the intelligence community should voluntarily collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Management and Budget entitled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity”.
In making a recommendation under paragraph (1), the Director of National Intelligence shall—
engage in close consultation with internal stakeholders, such as employee resource or affinity groups;
ensure that there is clear communication with the workforce of the intelligence community—
to explain the purpose of the potential collection of such data; and
regarding legal protections relating to any anticipated use of such data; and
ensure adherence to relevant standards and guidance issued by the Federal Government.
In this section:
The term “applicant flow data” means data that tracks the rate of applications for job positions among demographic categories.
The term “appropriate congressional committees” means—
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
The term “diversity” means diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories.
Pub. L. 116–92, div. E, title LXIII, § 6316, Dec. 20, 2019, 133 Stat. 2195, as amended by Pub. L. 117–263, div. F, title LXVIII, § 6824(b)(2), Dec. 23, 2022, 136 Stat. 3615, provided that:
“In order to further increase the diversity of the intelligence community workforce, not later than 90 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Director of National Intelligence, in consultation with heads of elements of the Intelligence Community, shall create, implement, and submit to the congressional intelligence committees a written plan to ensure that rural and underrepresented regions are more fully and consistently represented in such elements’ employment recruitment efforts. Upon receipt of the plan, the congressional intelligence committees shall have 60 days to submit comments to the Director of National Intelligence before such plan shall be implemented.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6316 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]
For definition of “intelligence community” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
Not later than 90 days after December 18, 2025 , the Director of National Intelligence, in coordination with the head of each element of the intelligence community, shall revise all regulations, policies, procedures, manuals, circulars, courses, training, and guidance in the intelligence community such that all such materials are in compliance with and consistent with this section.
None of the funds authorized to be appropriated by any law for the National Intelligence Program shall be used for the purposes of implementing covered practices in the intelligence community.
In this section, the term “covered practice” means any practice that discriminates for or against any person in a manner prohibited by the Constitution of the United States, the Civil Rights Act of 1964 ( 42 U.S.C. 2000 1 1 So in original. Probably should be “2000a”. et seq.), or any other Federal law.
For definition of “intelligence community” as used in this section, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.
Not later than the date that is 120 days after submission of the report required under section 5703, 1 1 See References in Text note below. and annually thereafter, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, and the Director of the Defense Counterintelligence and Security Agency, shall submit to the appropriate congressional committees an assessment of the homeland security vulnerabilities associated with retired and former personnel of the intelligence community providing covered intelligence assistance.
The assessment under subsection (a) may be submitted in classified form.
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Homeland Security of the House of Representatives.
The term “covered intelligence assistance” has the meaning given that term in section 5703. 1
Pub. L. 116–92, div. E, title LVII, § 5703, Dec. 20, 2019, 133 Stat. 2162, provided that:
“(a) Study .— The Director of National Intelligence shall conduct a study on former intelligence personnel providing covered intelligence assistance. “(b) Elements .— The study under subsection (a) shall include the following: “(1) An identification of, and discussion of the effectiveness of, existing laws, policies, procedures, and other measures relevant to the ability of elements of the intelligence community [see Definitions note below] to prevent former intelligence personnel from providing covered intelligence assistance— “(A) without proper authorization; or “(B) in a manner that would violate legal or policy controls if the personnel performed such assistance while working for the United States Government; and [sic] “(2) Make recommendations for such legislative, regulatory, policy, or other changes as may be necessary to ensure that the United States consistently meets the objectives described in paragraph (1). “(c) Report and Plan .— Not later than 90 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Director shall submit to the congressional intelligence committees [see Definitions note below], the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives— “(1) a report on the findings of the Director with respect to each element of the study under subsection (a); and “(2) a plan to implement any recommendations made by the Director that the Director may implement without changes to Federal law. “(d) Form .— The report and plan under subsection (c) may be submitted in classified form. “(e) Definitions .— In this section: “(1) Covered intelligence assistance .— The term ‘covered intelligence assistance’ means assistance— “(A) provided by former intelligence personnel directly to, or for the benefit of, the government of a foreign country or indirectly to, or for the benefit of, such a government through a company or other entity; and “(B) that relates to intelligence, military, or law enforcement activities of a foreign country, including with respect to operations that involve abuses of human rights, violations of the laws of the United States, or infringements on the privacy rights of United States persons. “(2) Former intelligence personnel .— The term ‘former intelligence personnel’ means retired or former personnel of the intelligence community, including civilian employees of elements of the intelligence community, members of the Armed Forces, and contractors of elements of the intelligence community.”
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section:
The term “personal accounts” means accounts for online and telecommunications services, including telephone, residential internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services, used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community.
The term “personal technology devices” means technology devices used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community, including networks to which such devices connect.
Subject to a determination by the Director of National Intelligence, the Director shall offer cyber protection support for the personal technology devices and personal accounts of the personnel described in paragraph (2) and shall provide such support to any such personnel who request.
The personnel described in this paragraph are personnel of the intelligence community—
who the Director determines to be highly vulnerable to cyber attacks and hostile information collection activities because of the positions occupied by such personnel in the intelligence community; and
whose personal technology devices or personal accounts are highly vulnerable to cyber attacks and hostile information collection activities.
Subject to the availability of resources, the cyber protection support provided to personnel under subsection (b) may include training, advice, assistance, and other services relating to cyber attacks and hostile information collection activities.
Nothing in this section shall be construed—
to encourage personnel of the intelligence community to use personal technology devices for official business; or
to authorize cyber protection support for senior intelligence community personnel using personal devices, networks, and personal accounts in an official capacity.
Not later than 180 days after December 20, 2019, the Director shall submit to the congressional intelligence committees a report on the provision of cyber protection support under subsection (b). The report shall include—
a description of the methodology used to make the determination under subsection (b)(2); and
guidance for the use of cyber protection support and tracking of support requests for personnel receiving cyber protection support under subsection (b).
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section:
The term “covered agency” means any element of the intelligence community other than an element within the Department of Defense.
The term “covered item of supply” means an item of information technology (as that term is defined in section 11101 of title 40 ) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
The term “covered procurement” means—
a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 3306(a)(3)(B) of title 41, or an evaluation factor, as provided in section 3306(b)(1) of such title, relating to supply chain risk;
the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.
The term “covered procurement action” means any of the following actions, if the action takes place in the course of conducting a covered procurement:
The exclusion of a source that fails to meet qualifications standards established in accordance with the requirements of section 3311 of title 41 for the purpose of reducing supply chain risk in the acquisition of covered systems.
The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
The term “covered system” means a national security system, as that term is defined in section 3552 of title 44 .
The term “supply chain risk” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.
Subject to subsection (c) and in consultation with the Director of National Intelligence, the head of a covered agency may, in conducting intelligence and intelligence-related activities—
carry out a covered procurement action; and
limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
The head of a covered agency may exercise the authority provided in subsection (b) only after—
any appropriate consultation with procurement or other relevant officials of the covered agency;
making a determination in writing, which may be in classified form, that—
use of the authority in subsection (b)(1) is necessary to protect national security by reducing supply chain risk;
less intrusive measures are not reasonably available to reduce such supply chain risk; and
in a case where the head of the covered agency plans to limit disclosure of information under subsection (b)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information;
notifying the Director of National Intelligence that there is a significant supply chain risk to the covered system concerned, unless the head of the covered agency making the determination is the Director of National Intelligence; and
providing a notice, which may be in classified form, of the determination made under paragraph (2) to the congressional intelligence committees that includes a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
The head of a covered agency may not delegate the authority provided in subsection (b) or the responsibility to make a determination under subsection (c) to an official below the level of the service acquisition executive for the agency concerned.
The authority under this section is in addition to any other authority under any other provision of law. The authority under this section shall not be construed to alter or effect the exercise of any other provision of law.
The requirements of this section shall take effect on the date that is 180 days after January 3, 2012 , and shall apply to contracts that are awarded on or after such date.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 2 of Pub. L. 112–87, set out as a note under section 3003 of this title.
Not later than 90 days after December 18, 2025 , the Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall establish a policy to ensure that elements of the intelligence community that procure products made using synthetic DNA or RNA from domestic sources do not contract with Chinese biotechnology suppliers or Chinese biotechnology supply chain intermediaries that are determined by the Director to pose a security or supply chain threat to the United States.
The policy required by subsection (a) shall provide that an element of the intelligence community may not—
procure or obtain any product made using synthetic DNA or RNA unless—
the final assembly or processing of the product occurs in the United States;
all significant processing of the product occurs in the United States; and
all or nearly all ingredients or components of the product are made and sourced in the United States or an allied nation; or
contract with any Chinese biotechnology supplier or Chinese biotechnology supply chain intermediary that is determined by the Director to pose a security or supply chain threat to the United States.
As part of the policy required by subsection (a), the Director of National Intelligence may establish a waiver process for the heads of the elements of the intelligence community under which the head of the relevant element may waive the prohibition under subsection (b). A waiver may be made under the process only if the head of the relevant element complies with any conditions the Director may establish for the waiver process.
In this section:
The term “biotechnology” means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics.
The term “Chinese biotechnology supplier” means a supplier of biotechnology that is organized under the laws of, or otherwise subject to the jurisdiction of, the People’s Republic of China.
The term “Chinese biotechnology supply chain intermediary” means a United States domestic supplier of biotechnology where a controlling interest in the United States domestic supplier is owned by the People’s Republic of China.
The term “synthetic DNA or RNA” means any nucleic acid sequence that is produced de novo through chemical or enzymatic synthesis.
For definition of “intelligence community” as used in this section, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.
In this section, the term “covered intelligence officer” means—
a United States intelligence officer serving in a post in a foreign country; or
a known or suspected foreign intelligence officer serving in a United States post.
Not later than 72 hours after a covered intelligence officer is designated as a persona non grata, the Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification of that designation. Each such notification shall include—
the date of the designation;
the basis for the designation; and
a justification for the expulsion.
For definition of “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
It is the sense of Congress that—
there should be established, through the issuing of an Intelligence Community Directive or otherwise, an intelligence-community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, for employees of the intelligence community;
creating such a program would enhance the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions;
such a program, including with respect to eligibility requirements, should be designed so as to maximize the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions; and
to the extent possible, such a program should be uniform throughout the intelligence community and publicly promoted by each element of the intelligence community to both current employees of the element as well as to prospective employees of the element.
Not later than 180 days after December 20, 2019 , the Director of National Intelligence, in cooperation with the heads of the elements of the intelligence community and the heads of any other appropriate department or agency of the Federal Government, shall submit to the congressional intelligence committees a report on potentially establishing and carrying out an intelligence-community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, as described in subsection (a).
The report under paragraph (1) shall include, at a minimum, the following:
A description of the financial resources that the elements of the intelligence community would require to establish and initially carry out the program specified in paragraph (1).
A description of the practical steps to establish and carry out such a program.
The identification of any legislative action the Director determines necessary to establish and carry out such a program.
Pub. L. 116–260, div. W, title III, § 310, Dec. 27, 2020, 134 Stat. 2369, provided that:
“(a) Sense of Congress .— It is the sense of Congress that— “(1) student loan repayment programs are a crucial tool in attracting and retaining talented individuals to the intelligence community, particularly individuals from diverse backgrounds; “(2) generous student loan repayment programs help the intelligence community compete with the private sector for talented employees; “(3) departments and agencies containing elements of the intelligence community have authority to establish student loan repayment programs either under section 5379 of title 5 , United States Code, or under the delegable authority of the Director of National Intelligence under section 102A(n)(1) [now 102A(m)(1)] of the National Security Act of 1947 ( 50 U.S.C. 3024(n)(1) [now 50 U.S.C. 3024(m)(1) ]); “(4) although the Director should use the authority under such section 102A(n)(1) sparingly, and should be exceedingly sparing in delegating such authority to an element of the intelligence community, the Director should approve well-predicated requests for such authority in the student loan repayment context if an element of the intelligence community can articulate an impediment to establishing or enhancing a program under section 5379 of title 5 , United States Code; and “(5) student loan repayment programs established by an element of the intelligence community should provide flexibility to intelligence community employees, including employees who pursue loan-financed education in the middle of their careers or after the day on which they first become intelligence community employees. “(b) Student Loan Repayment Program Standards .— Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2020 ], the Director of National Intelligence, or a designee of the Director who is an employee of the Office of the Director of National Intelligence, shall establish minimum standards for the repayment of student loans of employees of elements of the intelligence community by such elements of the intelligence community. “(c) Report .— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees a report on the standards established under subsection (b). Such report shall include— “(1) an explanation of why such minimum standards were established; and “(2) how such standards advance the goals of— “(A) attracting and retaining a talented intelligence community workforce; “(B) competing with private sector companies for talented employees; and “(C) promoting the development of a diverse workforce. “(d) Failure To Meet Standards .— Not later than 180 days after the date on which the standards required under subsection (b) are established, the head of an element of the intelligence community that does not meet such standards shall submit to the appropriate congressional committees a report containing an explanation for why such element does not meet such standards and an identification of any additional authority or appropriations required to for the element to meet such standards. “(e) Submittal of Regulations and Policies to Congress .— Not later than 180 days after the date on which the standards required under subsection (b) are established, the head of an element of the intelligence community shall submit to the appropriate congressional committees a copy of all internal regulations and policies governing the student loan repayment program of that element as well as copies of such policies redacted to remove classified information. “(f) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Permanent Select Committee on Intelligence of the House of Representatives; “(2) the Select Committee on Intelligence of the Senate; “(3) with respect to an element of the intelligence community within the Department of Defense, the Committees on Armed Services of the Senate and House of Representatives; “(4) with respect to an element of the intelligence community within the Department of Justice, the Committees on the Judiciary of the Senate and House of Representatives; “(5) with respect to an element of the intelligence community within the Department of Homeland Security, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives; “(6) with respect to an element of the intelligence community within the Department of State, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; “(7) with respect to an element of the intelligence community within the Department of Energy, the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives; and “(8) with respect to an element of the intelligence community within the Department of the Treasury, the Committee on Finance of the Senate and the Committee on Financial Services of the House of Representatives. “(g) Form of Reports .— Each of the reports required under subsections (c) and (d) shall be submitted in unclassified form, but may contain a classified annex.”
[For definition of “intelligence community” as used in section 310 of div. W of Pub. L. 116–260, set out above, see section 2 of div. W of Pub. L. 116–260, set out as a note under section 3003 of this title.]
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
Not later than 90 days after December 27, 2020 , the Director of National Intelligence shall establish standards for collecting data relating to attrition in the intelligence community workforce across demographics, specialities, and length of service.
The Director shall include, in the standards established under paragraph (1), standards for collecting data from candidates who accepted conditional offers of employment but chose to withdraw from the hiring process before entering into service, including data with respect to the reasons such candidates chose to withdraw.
Not later than 120 days after December 27, 2020 , each element of the intelligence community shall begin collecting data on workforce and candidate attrition in accordance with the standards established under subsection (a).
For definition of “intelligence community” as used in this section, see section 2 of div. W of Pub. L. 116–260, set out as a note under section 3003 of this title.
Congress finds that—
developing faster, more energy efficient, and more resilient computing is important to the future of the national security of the United States and the leadership by the United States in artificial intelligence; and
multidisciplinary teams co-designing microelectronics for artificial intelligence will lead to unprecedented capabilities that will help ensure that the United States maintains its superiority in this worldwide competition for economic and national security.
The Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, shall award contracts or grants, or enter into transactions other than contracts, to encourage microelectronics research.
The Director shall award contracts or grants to, or enter into transactions other than contracts with, entities under subsection (b) to carry out any of the following:
Advanced engineering and applied research into novel computing models, materials, devices, architectures, or algorithms to enable the advancement of artificial intelligence and machine learning.
Research efforts to—
overcome challenges with engineering and applied research of microelectronics, including with respect to the physical limits on transistors, electrical interconnects, and memory elements; or
promote long-term advancements in computing technologies, including by fostering a unified and multidisciplinary approach encompassing research and development into algorithm design, computing architectures, microelectronic devices and circuits, and the chemistry and physics of new materials.
Any other activity the Director determines would promote the development of microelectronics research.
In awarding contracts or grants, or entering into transactions other than contracts, under subsection (b), the Director may award not more than a total of $15,000,000.
The Director of National Intelligence shall ensure that the elements of the intelligence community provide to individuals described in subsection (c) who are experiencing symptoms of anomalous health conditions timely access for medical assessment to facilities of the United States Government with expertise in traumatic brain injury.
In carrying out subsection (a), the Director of National Intelligence shall coordinate with the Secretary of Defense and the heads of such Federal agencies as the Director considers appropriate to ensure that, by not later than 60 days after March 15, 2022 , there is a process to provide the individuals described in subsection (c) with timely access to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate medical treatment facility for assessment as described in subsection (a) and, if necessary, treatment.
The individuals described in this subsection are employees of elements of the intelligence community and the dependents or other immediate family members of such employees.
For definition of “intelligence community” as used in this section, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.
Beginning not later than 180 days after March 15, 2022 , the President shall develop, for uniform implementation across the elements of the intelligence community, each of the protocols described in subsections (c) through (f). Such protocols shall be subject to review and revision on a periodic basis, and any implementation of such protocols shall be conducted in accordance with applicable laws and current clinical and professional practices of the interagency medical community.
No data collected pursuant to any protocol under this section may be used for research or analytical purposes without the written consent of the individual from whom such data was collected with respect to such use.
The protocol described in this subsection is a protocol for conducting voluntary baseline medical testing of covered employees, covered individuals, and the dependents of covered employees who are included on the overseas travel orders of the covered employee. Such protocol shall set forth the required elements of such baseline medical testing, such as—
standard lab collection and testing of relevant biofluids;
the conduct of relevant visual and auditory examinations;
the conduct of Acquired Brain Injury Tool assessments, or other relevant assessments for balance, eye motion, and cognition;
the assessment of relevant medical histories; and
the conduct of any other standard relevant medical or neurological examinations, testing, or assessments.
The protocols described in this subsection are protocols to enable voluntary medical testing and the coordination of treatment for covered employees, covered individuals, and the dependents of covered employees, following a reported anomalous health incident, such as—
a protocol that sets forth elements, similar to the elements described in subsection (c), of such testing;
a protocol pertaining to the voluntary testing and treatment for victims of anomalous health incidents who are children;
a protocol for ensuring that all victims of anomalous health incidents receive access to prompt and consistent medical treatment, including from medical professionals holding appropriate security clearances and medical professionals with expertise in child care;
a protocol for ensuring that all victims of anomalous health incidents are offered options for psychological treatment for the effects of such incidents; and
a protocol for ensuring that any testing, evaluation, or collection of biofluids or other samples following a reported anomalous health incident may be compared against the baseline for the victim of the anomalous health incident, to the extent the individual participated in the baseline medical testing, consistent with subsections (b) and (c).
The protocol described in this subsection is a protocol for the collection, storage, and safeguarding of information acquired as a result of the protocols described in subsections (c) and (d).
The protocol described in this subsection is a protocol for the reporting of matters relating to anomalous health incidents by covered employees, covered individuals, and the dependents of covered employees, including the development of a system for the adjudication of complaints regarding medical treatment received by such covered employees, covered individuals, and dependents of covered employees.
Not later than 180 days after March 15, 2022 , the Director of National Intelligence shall submit to the appropriate congressional committees a report on the protocols described in subsections (c) through (f).
Such report shall include the following elements:
A copy of each protocol under this section.
A description of the following:
Any interagency agreements, authorities, or policies required to effectively implement the protocols under this section.
Any new facilities, medical equipment, tools, training, or other resources required to effectively implement such protocols.
A timeline for the implementation of the protocols under this section, including a proposal for the prioritization of implementation with respect to various categories of covered employees and the dependents of covered employees.
Not later than 60 days following the date of submission of the report under paragraph (1), and biannually thereafter, the Director shall provide to the appropriate congressional committees a briefing regarding the implementation of the protocols under this section.
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees; and
the Committees on Armed Services of the House of Representatives and the Senate.
The term “covered employee” means an individual who is an employee, assignee, or detailee of an element of the intelligence community.
The term “covered individual” means a contractor to an element of the intelligence community.
The term “dependent of a covered employee” means, with respect to a covered employee, a family member (including a child), as defined by the Director of National Intelligence.
The term “victim of an anomalous health incident” means a covered employee, covered individual, or dependent of a covered employee, who is, or is suspected to have been, affected by an anomalous health incident.
Pub. L. 119–60, div. F, title LXVIII, § 6806, Dec. 18, 2025, 139 Stat. 1657, provided that:
“(a) Standard Guidelines .— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Director of National Intelligence shall, in coordination with such heads of elements of the intelligence community as the Director considers appropriate, develop and issue standard guidelines for personnel of the intelligence community to report and properly document anomalous health incidents. “(b) Conformity With Department of Defense Guidelines .— In developing the standard guidelines required by subsection (a), the Director shall ensure that such standard guidelines are as similar as practicable to guidelines issued by the Secretary of Defense for personnel of the Department of Defense to report and properly document anomalous health incidents. “(c) Submission .— Not later than 10 days after the date on which the Director issues the standard guidelines required by subsection (a), the Director shall submit to the congressional intelligence committees the standard guidelines, including a statement describing the implementation of such standard guidelines, how the standard guidelines differ from those issued by the Secretary, and the justifications for such differences.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6806 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.
In this section:
The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Armed Services of the Senate;
the Subcommittee on Defense of the Committee on Appropriations of the Senate;
the Committee on Armed Services of the House of Representatives; and
the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
The term “workforce climate survey”—
means a workforce engagement or climate survey conducted at the agency, directorate, career field, or integrated intelligence center level, without regard to whether the survey is conducted on an annual or ad-hoc basis; and
does not include an exit survey specified in subsection (c).
Congress finds that the Defense Intelligence Agency has committed to improving Agency culture and leadership; however, actions taken by the Agency as of December 23, 2022 , have not enabled a full assessment of the extent of workforce culture issues and potential management abuses, and require additional congressional oversight to ensure concerns are both understood and addressed.
The Director of the Defense Intelligence Agency shall ensure that each employee of such Agency who leaves employment with such Agency (but not including any detail assignment) completes an exit survey or exit interview prior to such departure, to the extent practicable.
On an annual basis during the 3-year period beginning on December 23, 2022 , the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a written analysis of the results of the exit surveys or exit interviews completed pursuant to paragraph (1) during the year covered by the report together with a plan of the Director to address any issues identified pursuant to such results to improve retention and culture.
Not later than 14 days after the date on which the Director of the Defense Intelligence Agency conducts an ad-hoc workforce climate survey (including in response to a specific incident or concern), the Director shall notify the appropriate committees of Congress.
Not later than 90 days after the date on which the Director of the Defense Intelligence Agency concludes the conduct of any workforce climate survey, the Director shall submit to the appropriate committees of Congress a report containing the final results of such workforce climate survey. Such report shall include the following:
The topic of the workforce climate survey, and the workforce level surveyed.
The rationale for conducting the workforce climate survey.
The measures in place to ensure the accessibility of the workforce climate survey.
The lead official or entity conducting the workforce climate survey.
Any actions the Director intends to take, or is considering, in response to the results of the workforce climate survey.
The Director of the Defense Intelligence Agency shall ensure that, to the extent practicable, and consistent with the protection of intelligence sources and methods, workforce climate surveys are accessible to employees of such Agency on classified and unclassified systems.
Not later than 270 days after December 23, 2022, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report containing an analysis of the feasibility (including the anticipated cost, personnel requirements, necessary authorities, and such other matters as may be determined appropriate by the Director for purposes of analyzing feasibility) of—
conducting 360-degree performance reviews among employees of the Defense Intelligence Agency; and
including leadership suitability assessments (including personality evaluations, communication style assessments, and emotional intelligence aptitude assessments) for promotions of such employees to a position within grade GS–14 or above of the General Schedule.
For definition of “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.
The Director of National Intelligence, in consultation with the heads of the elements of the intelligence community or the Chief Artificial Intelligence Officers designated under subsection (e), shall—
establish, and periodically conduct reviews of, policies, standards, and procedures relating to the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities and associated data, frameworks, computing environments, and other enablers by the intelligence community (including by incorporating and updating such policies based on emerging technology capabilities), to accelerate and increase the adoption of artificial intelligence capabilities within the intelligence community;
ensure policies established or updated pursuant to paragraph (1) are consistent with—
the principles outlined in the guidance of the Office of the Director of National Intelligence titled “Principles of Artificial Intelligence Ethics for the Intelligence Community and its Artificial Intelligence Ethics Framework for the Intelligence Community”, or any successor guidance; and
any other principles developed by the Director relating to the governance, documentation, auditability, or evaluation of artificial intelligence systems or the accurate, secure, ethical, and reliable adoption or use of artificial intelligence; and
provide to the heads of the elements of the intelligence community guidance for developing the National Intelligence Program budget pertaining to such elements to facilitate the acquisition, adoption, development, use, and maintenance of element-specific artificial intelligence capabilities, and to ensure the associated data, frameworks, computing environments, and other enablers are appropriately prioritized.
In carrying out subsection (a)(1), not later than 1 year after December 22, 2023 , the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, the Director of the Office of Management and Budget, and such other officials as the Director of National Intelligence determines appropriate, shall establish the policies described in paragraph (2).
The policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that—
establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community;
establish minimum guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by—
specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance;
documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties;
specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and
specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability;
establish minimum guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B);
establish minimum documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community;
establish minimum standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and
provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element.
The Director of National Intelligence shall annually review or revise each policy established under paragraph (1).
In carrying out subsections (a) and (b), the Director shall ensure that the policies established under such subsections apply to the greatest extent possible to artificial intelligence models generally available to the public and hosted in classified environments.
The Chief Artificial Intelligence Officer of the Intelligence Community, or any officer designated by the Director of National Intelligence, shall establish standards for testing of artificial intelligence models in proportion to risk, including benchmarks and methodologies for the performance, efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, and trustworthiness of artificial intelligence models across common use cases, including machine translation, object detection, and object recognition.
The Chief Artificial Intelligence Officer of the Intelligence Community, in coordination with the Chief Artificial Intelligence Officers of the elements of the intelligence community, shall set standards for an appropriate secure computing environment, at a level (or multiple levels) of classification deemed appropriate, for elements of the intelligence community to engage in testing and evaluation of models prior to acquisition.
Each head of an element of the intelligence community, in coordination with the Director of National Intelligence, shall identify a senior official within the element to serve as the designated Chief Artificial Intelligence Officer, with lead responsibility for overseeing and coordinating efforts relating to artificial intelligence, including through the integration of the acquisition, technology, human capital, and financial management aspects necessary for the adoption of artificial intelligence solutions. Such designated Chief Artificial Intelligence Officers shall meet regularly to consult and coordinate with the Director of National Intelligence regarding the implementation of this section and this title. 1 1 See References in Text note below.
Pub. L. 119–60, div. F, title LXVI, § 6603(b), Dec. 18, 2025, 139 Stat. 1635, provided that:
“Nothing in subsection (c) or (d) of section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3334m ), as added by subsection (a)(3) of this section, shall be construed— “(1) to authorize an officer or employee of the intelligence community to direct a vendor or prospective vendor to alter a model to favor a particular viewpoint; or “(2) to apply to, limit, restrict, or otherwise affect any department, agency, or division or function of a department or agency outside of the intelligence community.”
[For definition of “intelligence community” as used in section 6603(b) of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
Pub. L. 119–60, div. F, title LXVI, § 6602, Dec. 18, 2025, 139 Stat. 1634, provided that:
“(a) Chief Artificial Intelligence Officers for Elements of the Intelligence Community .— [Amended this section] “(b) Identification of Commonly Used Artificial Intelligence Systems and Functions That Can Be Re-used by Other Elements .— Not later than 1 year after the date of the enactment of this Act [ Dec. 18, 2025 ], the Chief Information Officer of the Intelligence Community shall, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, identify commonly used artificial intelligence systems or functions that have the greatest potential for re-use without significant modification by other intelligence community elements. “(c) Sharing of Identified Applications and Functions .— To the extent consistent with the protection of intelligence sources and methods, for any artificial intelligence system or function identified pursuant to subsection (b), each Chief Artificial Intelligence Officer of an element of the intelligence community shall adopt a policy to promote the sharing, to the extent practical, of any custom-developed code and other key technical components, including models and model weights, whether agency-developed or procured, with other elements of the intelligence community that rely on common artificial intelligence systems or functions. “(d) Model Contract Terms .— The Chief Information Officer of the Intelligence Community shall provide the elements of the intelligence community with model contractual terms for consideration by the heads of those elements to appropriately address technical data rights and rights related to artificial intelligence dataset requirements, minimize dependency on proprietary information, and promote the adoption of procurement practices that encourage competition to sustain a robust marketplace for artificial intelligence products and services, including through contractual preferences for interoperable artificial intelligence products and services. “(e) Tracking and Evaluating Performance .— Each head of an element of the intelligence community shall track and evaluate performance of procured and element-developed artificial intelligence, including efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, and trustworthiness.”
[For definition of “intelligence community” as used in section 6602 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
Pub. L. 119–60, div. F, title LXVI, § 6603(c), Dec. 18, 2025, 139 Stat. 1636, provided that:
“The Director shall make such revisions to the policies issued under subsections (a) and (b) of section 6702 of such Act [Intelligence Authorization Act for Fiscal Year 2023, 50 U.S.C. 3334m ] as the Director considers necessary.”
Pub. L. 119–60, div. F, title LXVI, § 6604, Dec. 18, 2025, 139 Stat. 1636, provided that:
“(a) Prohibition .— The Director of National Intelligence, in consultation with the other heads of the elements of the intelligence community, shall develop standards and guidelines for elements of the intelligence community that require the removal of any covered application from national security systems operated by an element of the intelligence community, a contractor to an element of the intelligence community, or another entity on behalf of an element of the intelligence community. “(b) Applicability of Information Security Requirements .— The standards and guidelines developed under subsection (a) shall be consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code. “(c) National Security and Research Exceptions .— The standards and guidelines developed under subsection (a) shall include— “(1) exceptions for national security purposes and research activities; and “(2) risk mitigation standards and guidelines that shall apply in the case of an exception described in paragraph (1). “(d) Initial Standards and Guidelines .— The Director of National Intelligence shall develop the initial standards and guidelines under subsection (a) not later than 60 days after the date of the enactment of this Act [ Dec. 18, 2025 ]. “(e) Definitions .— In this section: “(1) Covered application .— The term ‘covered application’ means the DeepSeek application or any successor application or service. “(2) National security system .— The term ‘national security system’ has the meaning given the term in section 3552 of title 44 , United States Code.”
[For definition of “intelligence community” as used in section 6604 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
For definition of “intelligence community” as used in this section, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.
For definition of “intelligence community” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.
For definitions of “artificial intelligence” and “emerging technology” as used in this section, see section 6701 of Pub. L. 117–263, set out as a note under section 3024 of this title.
Prior to the date on which the head of an element of the intelligence community enters into, renews, or extends a contract for the acquisition of an information technology or software system, the head shall certify to the Director of National Intelligence the following:
That the information technology or software system is the most up-to-date version of the system available or, if it is not, why a more out of date version was chosen.
That the information technology or software system is compatible with integrating new and emerging technologies, such as artificial intelligence.
That the information technology or software system was thoroughly reviewed and alternative products are not superior to meet the requirements of the element.
The Director of National Intelligence may exempt elements of the intelligence community, as appropriate, from the requirements under (a) 1 1 So in original. Probably should be “subsection (a)”. if meeting such requirements may pose security or operational risks.
The Director shall issue to the heads of the elements of the intelligence community, and 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, guidance to—
establish guidelines that the heads of the relevant elements of the intelligence community shall use to evaluate the criteria required for the certifications under subsection (a);
incentivize each such head to adopt and integrate new and emerging technology within information technology and software systems of the element and to decommission and replace outdated systems, including through potential funding enhancements; and
incentivize, and hold accountable, personnel of the intelligence community with respect to the integration of new and emerging technology within such systems, including through the provision of appropriate training programs and evaluations.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.
For definitions of “emerging technology” and “artificial intelligence” as used in this section, see section 6701 of Pub. L. 117–263, set out as a note under section 3024 of this title.
The Director of National Intelligence, in coordination with the heads of human capital from each element of the intelligence community, shall—
develop a plan for the recruitment and retention of personnel to positions the primary duties of which involve the integration, maintenance, or use of artificial intelligence (and the retention and training of personnel serving in such positions), including with respect to the authorities and requirements under section 6732(b); 1
develop a plan for the review and evaluation, on a continuous basis, of the expertise necessary to accelerate the adoption of artificial intelligence and other emerging technology solutions; and
coordinate and share information and best practices relating to such recruitment and retention within the element and across the intelligence community.
Not later than January 1, 2024 , the Director of National Intelligence, in coordination with heads of human capital from each element of the intelligence community, 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 single report on the workforce needs of each element of the intelligence community relating to emerging technologies, with a specific focus on artificial intelligence.
The report under paragraph (1) shall include, with respect to each element of the intelligence community, the following:
A description of the number and types of personnel in work roles whose primary official duties include artificial intelligence responsibilities.
A detailed description of the plans for each element developed pursuant to subsection (a).
The report under paragraph (1) shall also include an assessment of the quality and sustainability of the talent pipeline of the intelligence community with respect to talent in emerging technologies, including artificial intelligence. Such assessment shall include the following:
A description of the education, recruitment, and retention programs (including skills-based training and career and technical educational programs) available to personnel of the intelligence community, regardless of whether such programs are administered by the head of an element of the intelligence community or the head of another Federal department or agency, and an analysis of how such programs support the quality and sustainability of such talent pipeline.
A description of the relevant authorities available to the heads of the elements of the intelligence community to promote the quality and sustainability of such talent pipeline.
An assessment of any gaps in authorities, resources, recruitment or retention incentives, skills-based training, or educational programs, that may negatively affect the quality or sustainability of such talent pipeline.
The report under paragraph (1) shall be submitted in classified or unclassified form, as appropriate.
The heads of the elements of the intelligence community shall furnish to the Director of National Intelligence such information as may be necessary for the development of the report under subsection (b).
Pub. L. 119–60, div. F, title LXVI, § 6613, Dec. 18, 2025, 139 Stat. 1638, provided that:
“(a) Plan .— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Director of National Intelligence shall develop a plan to use existing and future funding and resources of the intelligence community to ensure the intelligence community has sufficient personnel with appropriate security clearances, including private-sector experts, to identify and respond to biotechnology threats. “(b) Elements .— The plan required by subsection (a) shall include the following: “(1) An identification of the exact number of personnel dedicated to biotechnology threats other than biological weapons in each element of the intelligence community as of the date on which such plan is completed, including personnel breakdowns by position function. “(2) An identification of the exact number of personnel dedicated to biological weapons issues in each element of the intelligence community as of such date, including personnel breakdowns by position function. “(3) An identification of areas within the intelligence community with respect to which the addition of full-time employees or detailees may be appropriate to address biotechnology expertise gaps. “(4) Strategies for increasing partnerships with the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )) and other government and private-sector entities, including strategies for using existing funding and resources of the intelligence community to secure expertise on biotechnology issues and provide appropriate security clearances to personnel who can provide such expertise. “(5) Strategies to make use of special hiring authorities to ensure the intelligence community has sufficient personnel to inform analysis and provide independent recommendations to address emerging biotechnology threats. “(6) Strategies to increase recruitment and retention of persons with biotechnology expertise. “(c) Implementation .— Not later than 180 days after the completion of the plan required by subsection (a), the Director of National Intelligence shall direct the funding and resources described in subsection (b)(4) towards securing sufficient expertise to identify and respond to biotechnology threats.”
[For definition of “intelligence community” as used in section 6613 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.
For definitions of “artificial intelligence” and “emerging technology” as used in this section, see section 6701 of Pub. L. 117–263, set out as a note under section 3024 of this title.
The Director of National Intelligence shall develop a plan to promote intelligence-related engineering, research, and development activities at covered institutions for the purpose of contributing toward the research necessary to achieve the intelligence advantage of the United States.
The plan under paragraph (1) shall include the following:
An assessment of opportunities to support engineering, research, and development at covered institutions in computer sciences, including artificial intelligence, quantum computing, and machine learning, and synthetic biology and an assessment of opportunities to support the associated workforce and physical research infrastructure of such institutions.
An assessment of opportunities to enhance the ability of covered institutions—
to participate in intelligence-related engineering, research, and development activities; and
to effectively compete for intelligence-related engineering, research and development contracts in support of the most urgent research requirements of the intelligence community.
An assessment of the activities and investments the Director determines necessary—
to expand opportunities for covered institutions to partner with other research organizations and educational institutions that the intelligence community frequently partners with to conduct research; and
to increase participation of covered institutions in intelligence-related engineering, research, and development activities.
Recommendations identifying actions that may be taken by the Director, Congress, covered institutions, and other organizations to increase participation of such institutions in intelligence-related engineering, research, and development activities and contracts.
Specific goals, incentives, and metrics to increase and measure the capacity of covered institutions to address the engineering, research, and development needs of the intelligence community.
In developing the plan under paragraph (1), the Director shall consult with covered institutions and other departments or agencies of the United States Government or private sector organizations that the Director determines appropriate.
Not later than 1 year after December 23, 2022 , the Director 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, and make publicly available on the internet website of the Director, a report containing the plan under paragraph (1).
Subject to the availability of appropriations for such purpose, the Director may establish a program to award contracts, grants, or other agreements, on a competitive basis, and to perform other appropriate activities, for any of the following purposes:
Developing the capability, including the workforce and the research infrastructure, for covered institutions to more effectively compete for intelligence-related engineering, research, and development activities and contracts.
Any other purposes the Director determines appropriate to enhance the capabilities of covered institutions to carry out intelligence-related engineering, research, and development activities and contracts.
The Director shall establish goals and incentives to encourage the Intelligence Advanced Research Projects Activity to—
partner with covered institutions to advance the research and development needs of the intelligence community through partnerships and collaborations with the Intelligence Advanced Research Projects Activity; and
if the Director determines appropriate, foster the establishment of similar relationships between such institutions and other organizations that have partnerships with the Intelligence Advanced Research Projects Activity.
In this section, the term “covered institution” means the following:
A part B institution (as defined in section 1061 of title 20).
An institution of higher education (as defined in section 1001 of title 20) not covered by paragraph (1) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering, as determined by the Director of National Intelligence.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.
In order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may, acting through the Intelligence Community Civilian Joint Duty Program and in consultation with the Secretary of Commerce, advertise joint duty positions and detail or facilitate the detail of civilian employees from across the intelligence community to the Bureau of Industry and Security of the Department of Commerce.
Detailees on a joint duty assignment (JDA) assigned pursuant to subsection (a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce.
The Director shall ensure that detailees referred to in subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence.
The detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege.
For definition of “intelligence community” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
The head of each covered element of the intelligence community shall designate a senior official to serve as the chief technology officer of such element.
For purposes of this section, the covered elements of the intelligence community are the following:
The Central Intelligence Agency.
The Defense Intelligence Agency.
The Federal Bureau of Investigation.
The National Geospatial-Intelligence Agency.
The National Security Agency.
The National Reconnaissance Office.
The chief technology officer of each covered element of the intelligence community shall be responsible for assisting the head of such element in the identification and adoption of technology to advance mission needs.
Any chief technology officer designated pursuant to subsection (a) may not concurrently serve as the chief information officer, the chief data officer, or the principal science officer of any element of the intelligence community.
For definition of “intelligence community” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
Subject to the availability of appropriations, the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, shall establish or otherwise oversee a program to advance microelectronics research.
The Director of National Intelligence shall ensure that the research carried out under the program established under subsection (a) is focused on the following:
Advanced engineering and applied research into next-generation computing models, materials, devices, architectures, and algorithms to enable the advancement of artificial intelligence and machine learning.
Efforts to—
overcome challenges with engineering and applied research of microelectronics, including with respect to the physical limits on transistors, electrical interconnects, and memory elements; 1
promote long-term advancements in computing technologies, including by fostering a unified and multidisciplinary approach encompassing research and development into—
next-generation algorithm design;
next-generation compute capability;
generative and adaptive artificial intelligence for design applications;
photonics-based microprocessors, including electrophotonics;
the chemistry and physics of new materials;
optical communication networks, including electrophotonics; and
safety and controls for generative artificial intelligence applications for the intelligence community.
Any other activity the Director determines would promote the development of microelectronics research for future technologies, including optical communications or quantum technologies.
In carrying out the program established under subsection (a), the Director of National Intelligence shall—
consider the national strategy developed pursuant to subsection (a)(3)(A)(i) of section 4656 of title 15;
consult with the Secretary of Commerce; and
actively collaborate with relevant Government agencies and programs, including the programs established under subsection 2 (c), (d), (e), and (f) of such section 4656 of title 15, academic institutions, and private industry to leverage expertise and resources in conducting research.
Amounts authorized to be appropriated for the National Intelligence Program of the Office of the Director of National Intelligence may be made available to carry out the program established under subsection (a).
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
The Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, may initiate or otherwise carry out a program dedicated to research and development efforts relevant to 6G technology and any successor technologies, but only if such efforts are specific to potential applications of 6G technology (or any successor technologies) for the intelligence community or for other national security purposes.
In carrying out any program under subsection (a), the Director shall consult and coordinate with—
relevant—
heads of Federal departments and agencies, including the Administrator of the National Telecommunications and Information Administration;
interagency bodies, such as the Committee for the Assessment of Foreign Participation in the United States Telecommunications Sector;
private sector entities;
institutions of higher learning; and
federally funded research and development centers; and
such other individuals and entities as the Director determines appropriate.
In this section, the term “6G technology” means hardware, software, or other technologies relating to sixth-generation wireless networks.
For definition of “intelligence community” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
If a referral is made to the Department of Justice from any element of the intelligence community regarding an allegation of misconduct against a civilian employee of the intelligence community, the head of the element of the intelligence community that employs the covered employee shall notify the congressional intelligence committees of the referral not later than 10 days after the date on which such referral is made.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of div. F of Pub. L. 118–159, set out as a note under section 3003 of this title.
SUBCHAPTER III— SECURITY CLEARANCES AND CLASSIFIED INFORMATION
In this section:
The term “agency” means—
an executive agency (as that term is defined in section 105 of title 5);
a military department (as that term is defined in section 102 of title 5); or
an element of the intelligence community.
The term “authorized investigative agency” means an agency designated by the head of the agency selected pursuant to subsection (b) to conduct a counterintelligence investigation or investigation of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.
The term “authorized adjudicative agency” means an agency authorized by law, regulation, or direction of the Director of National Intelligence to determine eligibility for access to classified information in accordance with Executive Order 12968.
The term “highly sensitive program” means—
a government program designated as a Special Access Program (as that term is defined in section 4.1(h) of Executive Order 12958 or any successor Executive order); or
a government program that applies restrictions required for—
restricted data (as that term is defined in section 2014(y) of title 42); or
other information commonly referred to as “sensitive compartmented information”.
The term “current investigation file” means, with respect to a security clearance, a file on an investigation or adjudication that has been conducted during—
the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret Clearance, or the date access was granted to a highly sensitive program;
the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and
the 15-year period beginning on the date the security clearance was granted in the case of a Confidential Clearance.
The term “personnel security investigation” means any investigation required for the purpose of determining the eligibility of any military, civilian, or government contractor personnel to access classified information.
The term “periodic reinvestigations” means investigations conducted for the purpose of updating a previously completed background investigation—
every 5 years in the case of a top secret clearance or access to a highly sensitive program;
every 10 years in the case of a secret clearance; or
every 15 years in the case of a Confidential Clearance.
The term “appropriate committees of Congress” means—
the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Security, Government Reform, and the Judiciary of the House of Representatives; and
the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.
The term “access determination” means the determination regarding whether an employee—
is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any successor thereto; and
possesses a need to know under such an Order.
Except as otherwise provided, not later than 90 days after December 17, 2004, the President shall select a single department, agency, or element of the executive branch to be responsible for—
directing day-to-day oversight of investigations and adjudications for personnel security clearances, including for highly sensitive programs, throughout the United States Government;
developing and implementing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of security clearances and determinations for access to highly sensitive programs, including the standardization of security questionnaires, financial disclosure requirements for security clearance applicants, and polygraph policies and procedures;
serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;
ensuring reciprocal recognition of access to classified information among the agencies of the United States Government, including acting as the final authority to arbitrate and resolve disputes involving the reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d);
ensuring, to the maximum extent practicable, that sufficient resources are available in each agency to achieve clearance and investigative program goals;
reviewing and coordinating the development of tools and techniques for enhancing the conduct of investigations and granting of clearances; and
not later than 180 days after July 7, 2014, and consistent with subsection (j)—
developing policies and procedures that permit, to the extent practicable, individuals alleging reprisal for having made a protected disclosure (provided the individual does not disclose classified information or other information contrary to law) to appeal any action affecting an employee’s access to classified information and to retain their government employment status while such challenge is pending; and
developing and implementing uniform and consistent policies and procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information following a protected disclosure, including the ability to appeal such a denial, suspension, or revocation, except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts no longer than 1 year or the head of the agency or a designee of the head of the agency certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security.
Notwithstanding any other provision of law, not later than 180 days after December 17, 2004, the President shall, in consultation with the head of the entity selected pursuant to subsection (b), select a single agency of the executive branch to conduct, to the maximum extent practicable, security clearance investigations of employees and contractor personnel of the United States Government who require access to classified information and to provide and maintain all security clearances of such employees and contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it appropriate for national security and efficiency purposes.
The agency selected under paragraph (1) shall—
take all necessary actions to carry out the requirements of this section, including entering into a memorandum of understanding with any agency carrying out responsibilities relating to security clearances or security clearance investigations before December 17, 2004;
as soon as practicable, integrate reporting of security clearance applications, security clearance investigations, and determinations of eligibility for security clearances, with the database required by subsection (e); and
ensure that security clearance investigations are conducted in accordance with uniform standards and requirements established under subsection (b), including uniform security questionnaires and financial disclosure requirements.
All security clearance background investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency shall be accepted by all agencies.
All security clearance background investigations initiated by an authorized investigative agency shall be transferable to any other authorized investigative agency.
An authorized investigative agency or authorized adjudicative agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a polygraph examination) that exceed requirements specified in Executive Orders establishing security requirements for access to classified information without the approval of the head of the entity selected pursuant to subsection (b).
Notwithstanding subparagraph (A), the head of the entity selected pursuant to subsection (b) may establish such additional requirements as the head of such entity considers necessary for national security purposes.
An authorized investigative agency or authorized adjudicative agency may not conduct an investigation for purposes of determining whether to grant a security clearance to an individual where a current investigation or clearance of equal level already exists or has been granted by another authorized adjudicative agency.
The head of the entity selected pursuant to subsection (b) may disallow the reciprocal recognition of an individual security clearance by an agency under this section on a case-by-case basis if the head of the entity selected pursuant to subsection (b) determines that such action is necessary for national security purposes.
The head of the entity selected pursuant to subsection (b) shall establish a review procedure by which agencies can seek review of actions required under this section.
Not later than 12 months after December 17, 2004, the Director of the Office of Personnel Management shall, in cooperation with the heads of the entities selected pursuant to subsections (b) and (c), establish and commence operating and maintaining an integrated, secure, database into which appropriate data relevant to the granting, denial, or revocation of a security clearance or access pertaining to military, civilian, or government contractor personnel shall be entered from all authorized investigative and adjudicative agencies.
The database under this subsection shall function to integrate information from existing Federal clearance tracking systems from other authorized investigative and adjudicative agencies into a single consolidated database.
Each authorized investigative or adjudicative agency shall check the database under this subsection to determine whether an individual the agency has identified as requiring a security clearance has already been granted or denied a security clearance, or has had a security clearance revoked, by any other authorized investigative or adjudicative agency.
The head of the entity selected pursuant to subsection (b) shall evaluate the extent to which an agency is submitting information to, and requesting information from, the database under this subsection as part of a determination of whether to certify the agency as an authorized investigative agency or authorized adjudicative agency.
The head of the entity selected pursuant to subsection (b) may authorize an agency to withhold information about certain individuals from the database under this subsection if the head of the entity considers it necessary for national security purposes.
The head of the entity selected pursuant to subsection (b) shall evaluate the use of available information technology and databases to expedite investigative and adjudicative processes for all and to verify standard information submitted as part of an application for a security clearance.
The evaluation shall assess the application of the technologies described in paragraph (1) for—
granting interim clearances to applicants at the secret, top secret, and special access program levels before the completion of the appropriate full investigation;
expediting investigations and adjudications of security clearances, including verification of information submitted by the applicant;
ongoing verification of suitability of personnel with security clearances in effect for continued access to classified information;
use of such technologies to augment periodic reinvestigations;
assessing the impact of the use of such technologies on the rights of applicants to verify, correct, or challenge information obtained through such technologies; and
such other purposes as the head of the entity selected pursuant to subsection (b) considers appropriate.
An individual subject to verification utilizing the technology described in paragraph (1) shall be notified of such verification, shall provide consent to such use, and shall have access to data being verified in order to correct errors or challenge information the individual believes is incorrect.
Not later than one year after December 17, 2004, the head of the entity selected pursuant to subsection (b) shall submit to the President and the appropriate committees of Congress a report on the results of the evaluation, including recommendations on the use of technologies described in paragraph (1).
There is authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each fiscal year thereafter for the implementation, maintenance, and operation of the database required by subsection (e).
Agency personnel with authority to take, direct others to take, recommend, or approve personnel security clearance or access determinations shall not take or fail to take, or threaten to take or fail to take, any action with respect to any employee’s security clearance or access determination in retaliation for—
any lawful disclosure of information to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose) or a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including the head of the employing agency (or employee designated by the head of that agency for such purpose) by an employee that the employee reasonably believes evidences—
a violation of any Federal law, rule, or regulation; or
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
any lawful disclosure to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee reasonably believes evidences—
a violation of any Federal law, rule, or regulation; or
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
any lawful disclosure that complies with—
subsections (a)(1), (d), and (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); 1
subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title; or
subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title; and
if the actions do not result in the employee or applicant unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with—
the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or
cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.
Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of information from Congress or the taking of any personnel action or clearance action against an employee who lawfully discloses information to Congress.
A disclosure shall not be excluded from paragraph (1) because—
the disclosure was made to a person, including a supervisor, who participated in an activity that the employee reasonably believed to be covered by paragraph (1)(A)(ii);
the disclosure revealed information that had been previously disclosed;
the disclosure was not made in writing;
the disclosure was made while the employee was off duty;
of the amount of time which has passed since the occurrence of the events described in the disclosure; or
the disclosure was made during the normal course of duties of an employee.
An employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days (except as provided by subparagraph (D)) after the issuance of notice of such decision, appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in accordance with a certification made under subsection (b)(7)).
If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the violation not occurred. Such corrective action may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000.
In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure, giving the utmost deference to the agency’s assessment of the particular threat to the national security interests of the United States in the instant matter.
The time requirement established by subparagraph (A) for an employee or former employee to appeal the decision of an agency may be tolled if the employee or former employee presents substantial credible evidence showing why the employee or former employee did not timely initiate the appeal and why the enforcement of the time requirement would be unfair, such as evidence showing that the employee or former employee—
did not receive notice of the decision; or
could not timely initiate the appeal because of factors beyond the control of the employee or former employee.
Within 60 days after receiving notice of an adverse final agency determination under a proceeding under paragraph (4), an employee or former employee may appeal that determination in accordance with the procedures established under subparagraph (B).
The Director of National Intelligence, in consultation with the Attorney General and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (A).
Consistent with the protection of sources and methods, at the time the Director of National Intelligence issues an order regarding an appeal pursuant to the policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees.
Nothing in this section shall be construed to permit or require judicial review of any—
agency action under this section; or
action of the appellate review procedures established under paragraph (5).
Nothing in this section shall be construed to permit, authorize, or require a private cause of action to challenge the merits of a security clearance determination.
Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5 .
In this subsection, the term “employee” includes an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of an agency. With respect to such employees, the term “employing agency” shall be deemed to be the contracting agency.
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Pub. L. 113–126, title VI, § 602(e), July 7, 2014, 128 Stat. 1419, provided that:
“Nothing in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ), as amended by this title, shall be construed to require the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information) [ 50 U.S.C. 3161 note], or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with[in] industry) [ 50 U.S.C. 3161 note], or any successor thereto, that meet the requirements of paragraph (7) of section 3001(b) of such Act [ 50 U.S.C. 3341(b)(7) ], as added by this section.”
Pub. L. 117–103, div. X, title III, § 311, Mar. 15, 2022, 136 Stat. 972, provided that:
“(a) Policy Required .— Not later than 180 days after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of National Intelligence shall issue a policy for measuring the total time it takes to transfer personnel with security clearances and eligibility for access to information commonly referred to as ‘sensitive compartmented information’ from one element of the intelligence community to another, or from one contract to another in the case of a contractor. “(b) Requirements .— The policy issued under subsection (a) shall— “(1) to the degree practicable, cover all personnel who are moving to positions that require a security clearance and access to sensitive compartmented information; “(2) cover the period from the first time an element of the intelligence community or company submits a request to an element of the intelligence community for the transfer of the employment of an individual with a clearance access or eligibility determination to another element of the intelligence community, to the time the individual is authorized by that receiving element to start to work in the new position; and “(3) include analysis of all appropriate phases of the process, including polygraph, suitability determination, fitness determination, human resources review, transfer of the sensitive compartmented information access, and contract actions. “(c) Updated Policies.— “(1) Modifications .— Not later than 1 year after the date on which the Director issues the policy under subsection (a), the Director shall issue modifications to such policies as the Director determines were issued before the issuance of the policy under such subsection and are relevant to such updated policy, as the Director considers appropriate. “(2) Recommendations .— Not later than 1 year after the date on which the Director issues the policy under subsection (a), the Director shall submit to the appropriate congressional committees recommendations for legislative action to update metrics specified elsewhere in statute to measure parts of the process that support transfers described in subsection (a). “(d) Annual Reports .— Not later than 180 days after issuing the policy required by subsection (a) and not less frequently than once each year thereafter until the date that is 3 years after the date of such issuance, the Director shall submit to the appropriate congressional committees a report on the implementation of such policy. Such report shall address performance by department or agency and by clearance type in meeting such policy. “(e) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the congressional intelligence committees; and “(2) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate.”
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 311 of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]
Pub. L. 113–126, title VI, § 602(a)(2), July 7, 2014, 128 Stat. 1416, provided that:
“The policies and procedures for appeal developed under paragraph (7) of section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 [ 50 U.S.C. 3341(b)(7) ], as added by subsection (a), shall provide for the Inspector General of the Intelligence Community, or the inspector general of the employing agency, to conduct fact-finding and report to the agency head or the designee of the agency head within 180 days unless the employee and the agency agree to an extension or the investigating inspector general determines in writing that a greater period of time is required. To the fullest extent possible, such fact-finding shall include an opportunity for the employee to present relevant evidence such as witness testimony.”
Pub. L. 113–126, title VI, § 602(d), July 7, 2014, 128 Stat. 1419, provided that:
“Nothing in this section [amending this section and enacting provisions set out as notes under this section] or the amendments made by this section shall be construed to preempt, preclude, or otherwise prevent an individual from exercising rights, remedies, or avenues of redress currently provided under any other law, regulation, or rule.”
Pub. L. 112–277, title III, § 306, Jan. 14, 2013, 126 Stat. 2472, provided that:
“(a) Strategy .— The President shall develop a strategy and a schedule for carrying out the requirements of section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 435b(d) ) [now 50 U.S.C. 3341(d) ]. Such strategy and schedule shall include— “(1) a process for accomplishing the reciprocity required under such section for a security clearance issued by a department or agency of the Federal Government, including reciprocity for security clearances that are issued to both persons who are and who are not employees of the Federal Government; and “(2) a description of the specific circumstances under which a department or agency of the Federal Government may not recognize a security clearance issued by another department or agency of the Federal Government. “(b) Congressional Notification .— Not later than 180 days after the date of the enactment of this Act [ Jan. 14, 2013 ], the President shall inform Congress of the strategy and schedule developed under subsection (a).”
In this section, the term “eligible candidate” has the meaning given such term by section 3(h)(4) of the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note).
Each eligible candidate for President may submit, before the date of the general election, requests for security clearances for prospective transition team members who will have a need for access to classified information to carry out their responsibilities as members of the President-elect’s transition team.
Necessary background investigations and eligibility determinations to permit appropriate prospective transition team members to have access to classified information shall be completed, to the fullest extent practicable, by the day after the date of the general election.
In this section:
The term “controlled substance” has the meaning given that term in section 802 of title 21 .
The term “covered person” means—
an officer or employee of a Federal agency;
a member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status; and
an officer or employee of a contractor of a Federal agency.
The term “Restricted Data” has the meaning given that term in section 2014 of title 42 .
The term “special access program” has the meaning given that term in section 4.1 of Executive Order No. 12958 (60 Fed. Reg. 19825).
After January 1, 2008 , the head of a Federal agency may not grant or renew a security clearance for a covered person who is an unlawful user of a controlled substance or an addict (as defined in section 802(1) of title 21 ).
After January 1, 2008, absent an express written waiver granted in accordance with paragraph (2), the head of a Federal agency may not grant or renew a security clearance described in paragraph (3) for a covered person who—
has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding 1 year, and was incarcerated as a result of that sentence for not less than 1 year;
has been discharged or dismissed from the Armed Forces under dishonorable conditions; or
is mentally incompetent, as determined by an adjudicating authority, based on an evaluation by a duly qualified mental health professional employed by, or acceptable to and approved by, the United States Government and in accordance with the adjudicative guidelines required by subsection (d).
In a meritorious case, an exception to the disqualification in this subsection may be authorized if there are mitigating factors. Any such waiver may be authorized only in accordance with—
standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the President; or
the adjudicative guidelines required by subsection (d).
This subsection applies to security clearances that provide for access to—
special access programs;
Restricted Data; or
any other information commonly referred to as “sensitive compartmented information”.
Not later than February 1 of each year, the head of a Federal agency shall submit a report to the appropriate committees of Congress if such agency employs or employed a person for whom a waiver was granted in accordance with paragraph (2) during the preceding year. Such annual report shall not reveal the identity of such person, but shall include for each waiver issued the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor.
In this paragraph:
The term “appropriate committees of Congress” means, with respect to a report submitted under subparagraph (A) by the head of a Federal agency—
the congressional defense committees;
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Oversight and Government Reform of the House of Representatives; and
each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency.
The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10 .
The term “congressional intelligence committees” has the meaning given that term in section 3003 of this title .
The President shall establish adjudicative guidelines for determining eligibility for access to classified information.
The guidelines required by paragraph (1) shall—
include procedures and standards under which a covered person is determined to be mentally incompetent and provide a means to appeal such a determination; and
require that no negative inference concerning the standards in the guidelines may be raised solely on the basis of seeking mental health counseling.
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.
The head of each Executive agency, in accordance with Executive Order 13526, shall require annual training for each employee who has original classification authority. For employees who perform derivative classification, or are responsible for analysis, dissemination, preparation, production, receipt, publication, or otherwise communication of classified information, training shall be provided at least every two years. Such training shall—
educate the employee, as appropriate, regarding—
the guidance established under subparagraph (G) of section 3024(f)(1) of this title, as added by section 5(a)(3),1 regarding the formatting of finished intelligence products;
the proper use of classification markings, including portion markings that indicate the classification of portions of information; and
any incentives and penalties related to the proper classification of intelligence information; and
ensure such training is a prerequisite, once completed successfully, as evidenced by an appropriate certificate or other record, for—
obtaining original classification authority or derivatively classifying information; and
maintaining such authority.
The head of each Executive agency shall ensure that the training required by subsection (a) is conducted efficiently and in conjunction with any other required security, intelligence, or other training programs to reduce the costs and administrative burdens associated with carrying out the training required by subsection (a).
Pub. L. 111–258, § 3, Oct. 7, 2010, 124 Stat. 2648, provided that:
“In this Act [see Short Title of 2010 Amendment note set out under section 101 of Title 6 , Domestic Security]: “(1) Derivative classification and original classification .— The terms ‘derivative classification’ and ‘original classification’ have the meanings given those terms in Executive Order No. 13526 [ 50 U.S.C. 3161 note]. “(2) Executive agency .— The term ‘Executive agency’ has the meaning given that term in section 105 of title 5 , United States Code. “(3) Executive order no. 13526 .— The term ‘Executive Order No. 13526’ means Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national security information) or any subsequent corresponding executive order.”
In this section:
The term “over-classification” means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the United States.
The term “sensible classification” means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the United States.
Each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to hold employees accountable for over-classification and to promote sensible classification.
The Director of Central Intelligence shall certify to the appropriate committees of Congress whether or not each covered element of the Department of State is in full compliance with all applicable directives of the Director of Central Intelligence relating to the handling, retention, or storage of covered classified material.
The Director of Central Intelligence may not certify a covered element of the Department of State as being in full compliance with the directives referred to in subsection (a) if the covered element is currently subject to a waiver of compliance with respect to any such directive.
Whenever the Director of Central Intelligence determines that a covered element of the Department of State is not in full compliance with any directive referred to in subsection (a), the Director shall promptly notify the appropriate committees of Congress of such determination.
Subject to subsection (e), effective as of January 1, 2001, a covered element of the Department of State may not retain or store covered classified material unless the Director has certified under subsection (a) as of such date that the covered element is in full compliance with the directives referred to in subsection (a).
If the prohibition in paragraph (1) takes effect in accordance with that paragraph, the prohibition shall remain in effect until the date on which the Director certifies under subsection (a) that the covered element involved is in full compliance with the directives referred to in that subsection.
The Director of Central Intelligence may waive the applicability of the prohibition in subsection (d) to an element of the Department of State otherwise covered by such prohibition if the Director determines that the waiver is in the national security interests of the United States.
The Director shall submit to appropriate committees of Congress a report on each exercise of the waiver authority in paragraph (1).
Each report under paragraph (2) with respect to the exercise of authority under paragraph (1) shall set forth the following:
The covered element of the Department of State addressed by the waiver.
The reasons for the waiver.
The actions that will be taken to bring such element into full compliance with the directives referred to in subsection (a), including a schedule for completion of such actions.
The actions taken by the Director to protect any covered classified material to be handled, retained, or stored by such element pending achievement of full compliance of such element with such directives.
In this section:
The term “appropriate committees of Congress” means the following:
The Select Committee on Intelligence and the Committee on Foreign Relations of the Senate.
The Permanent Select Committee on Intelligence and the Committee on International Relations of the House of Representatives.
The term “covered classified material” means any material classified at the Sensitive Compartmented Information (SCI) level.
The term “covered element of the Department of State” means each element of the Department of State that handles, retains, or stores covered classified material.
The term “material” means any data, regardless of physical form or characteristic, including written or printed matter, automated information systems storage media, maps, charts, paintings, drawings, films, photographs, engravings, sketches, working notes, papers, reproductions of any such things by any means or process, and sound, voice, magnetic, or electronic recordings.
The term “Sensitive Compartmented Information (SCI) level”, in the case of classified material, means a level of classification for information in such material concerning or derived from intelligence sources, methods, or analytical processes that requires such information to be handled within formal access control systems established by the Director of Central 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 intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
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.
The Department of Defense may not be required, when conducting a special search, to compile or organize records that have already been declassified and placed into the public domain.
For the purpose of this section, the term “special search” means the response of the Department of Defense to any of the following:
A statutory requirement to conduct a declassification review on a specified set of agency records.
An Executive order to conduct a declassification review on a specified set of agency records.
An order from the President or an official with delegated authority from the President to conduct a declassification review on a specified set of agency records.
Notwithstanding any other provision of law not specifically referencing this section, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum—
require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government; and
provide that the form or agreement does not bar—
disclosures to Congress; or
disclosures to an authorized official of an executive agency that are deemed essential to reporting a violation of United States law.
Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight committees a report on each special access program carried out in the department or agency.
Each such report shall set forth—
the total amount requested by the department or agency for special access programs within the budget submitted under section 1105 of title 31 for the fiscal year following the fiscal year in which the report is submitted; and
for each program in such budget that is a special access program—
a brief description of the program;
in the case of a procurement program, a brief discussion of the major milestones established for the program;
the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and
the estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight committees a report that, with respect to each new special access program of that department or agency, provides—
notice of the designation of the program as a special access program; and
justification for such designation.
A report under paragraph (1) with respect to a program shall include—
the current estimate of the total program cost for the program; and
an identification, as applicable, of existing programs or technologies that are similar to the technology, or that have a mission similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
In this subsection, the term “new special access program” means a special access program that has not previously been covered in a notice and justification under this subsection.
Whenever a change in the classification of a special access program of a covered department or agency is planned to be made or whenever classified information concerning a special access program of a covered department or agency is to be declassified and made public, the head of the department or agency shall submit to the congressional oversight committees a report containing a description of the proposed change or the information to be declassified, the reasons for the proposed change or declassification, and notice of any public announcement planned to be made with respect to the proposed change or declassification.
Except as provided in paragraph (3), a report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change, declassification, or public announcement is to occur.
If the head of the department or agency determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change, declassification, or public announcement concerning a special access program of the department or agency, the head of the department or agency may submit the report required by paragraph (1) regarding the proposed change, declassification, or public announcement at any time before the proposed change, declassification, or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
Whenever there is a modification or termination of the policy and criteria used for designating a program of a covered department or agency as a special access program, the head of the department or agency shall promptly notify the congressional oversight committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
The head of a covered department or agency may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the head of the department or agency determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be made on a case-by-case basis.
If the head of a department or agency exercises the authority provided under paragraph (1), the head of the department or agency shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, to the congressional oversight committees.
A special access program may not be initiated by a covered department or agency until—
the congressional oversight committees are notified of the program; and
a period of 30 days elapses after such notification is received.
For purposes of this section:
The term “congressional oversight committees” means—
congressional leadership and authorizing and appropriations congressional committees with jurisdiction or shared jurisdiction over a department or agency;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Oversight and Government Reform of the House of Representatives.
Except as provided in subparagraph (B), the term “covered department or agency” means any department or agency of the Federal Government that carries out a special access program.
Such term does not include—
the Department of Defense (which is required to submit reports on special access programs under section 119 of title 10);
the National Nuclear Security Administration (which is required to submit reports on special access programs under section 2426 of this title); or
an agency in the Intelligence Community (as defined in section 3003(4) of this title).
The term “special access program” means any program that, under the authority of Executive Order 12356 (or any successor Executive order), is established by the head of a department or agency whom the President has designated in the Federal Register as an original “secret” or “top secret” classification authority that imposes “need-to-know” controls or access controls beyond those controls normally required (by regulations applicable to such department or agency) for access to information classified as “confidential”, “secret”, or “top secret”.
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.
Amendment by Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of this title.
Not later than February 1 of each year, the head of each covered element shall submit to congressional leadership a report on each covered program carried out by that covered element.
Each such report shall set forth—
the total amount requested by the covered element for covered programs within the budget submitted under section 1105 of title 31 for the fiscal year following the fiscal year in which the report is submitted; and
for each program in such budget that is a covered program—
a brief description of the program;
in the case of a procurement program, a brief discussion of the major milestones established for the program;
the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and
the estimated total cost of the program and the estimated cost of the program for—
the current fiscal year;
the fiscal year for which the budget is submitted; and
each of the four succeeding fiscal years during which the program is expected to be conducted.
Not later than February 1 of each year, the head of each covered element shall submit to congressional leadership a report that, with respect to each new covered program of that covered element, provides—
notice of the designation of the program as a special access program; and
justification for such designation.
A report under paragraph (1) with respect to a program shall include—
the current estimate of the total program cost for the program; and
an identification, as applicable, of existing programs or technologies that are similar to the technology, or that have a mission similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
In this subsection, the term “new covered program” means a covered program that has not previously been covered in a notice and justification under this subsection.
Whenever a change in the classification of a covered program of a covered element is planned to be made or whenever classified information concerning a covered program of a covered element is to be declassified and made public, the head of the covered element shall submit to congressional leadership a report containing a description of the proposed change or the information to be declassified, the reasons for the proposed change or declassification, and notice of any public announcement planned to be made with respect to the proposed change or declassification.
Except as provided in paragraph (3), a report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change, declassification, or public announcement is to occur.
If the head of the covered element determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change, declassification, or public announcement concerning a covered program of the covered element, the head of the department or agency may submit the report required by paragraph (1) regarding the proposed change, declassification, or public announcement at any time before the proposed change, declassification, or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
Whenever there is a modification or termination of the policy and criteria used for designating a program of a covered element as a covered program, the head of the covered element shall promptly notify congressional leadership of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
A covered program may not be initiated by a covered element until—
congressional leadership is notified of the program; and
a period of 30 days elapses after such notification is received.
No funds may be obligated or expended by any covered element to carry out a covered program until the head of the covered element has briefed congressional leadership on the covered program.
In this section:
The term “covered element” means any element or portion of the Federal Government that is not—
a covered department or agency as defined in section 3348(g) of this title;
the Department of Defense (which is required to submit reports on special access programs under section 119 of title 10);
the National Nuclear Security Administration (which is required to submit reports on special access programs under section 2426 of this title); or
an element of the intelligence community (as defined in section 3003 of this title).
The term “congressional leadership” means—
the majority leader of the Senate;
the minority leader of the Senate;
the Speaker of the House of Representatives; and
the minority leader of the House of Representatives.
The term “covered program” means any special access program or similarly protected program established under the authority of Executive Order 12356 ( 50 U.S.C. 3161 note; relating to prescribing a uniform system for classifying, declassifying, and safeguarding national security information), or any successor Executive order, or any similar sensitive program established anywhere in the Federal Government, including one established at the direction of the President.
In the event of an authorized disclosure of national intelligence or intelligence related to national security to the persons or entities described in subsection (b), the government official responsible for authorizing the disclosure shall submit to the congressional intelligence committees on a timely basis a notification of the disclosure if—
at the time of the disclosure—
such intelligence is classified; or
is declassified for the purpose of the disclosure; and
the disclosure will be made by an officer, employee, or contractor of the Executive branch.
The persons or entities described in this subsection are as follows:
Media personnel.
Any person or entity, if the disclosure described in subsection (a) is made with the intent or knowledge that such information will be made publicly available.
Each notification required under subsection (a) shall—
provide the specific title and authority of the individual authorizing the disclosure;
if applicable, provide the specific title and authority of the individual who authorized the declassification of the intelligence disclosed; and
describe the intelligence disclosed, including the classification of the intelligence prior to its disclosure or declassification and the rationale for making the disclosure.
The notification requirement in this section does not apply to a disclosure made—
pursuant to any statutory requirement, including to section 552 of title 5 (commonly referred to as the “Freedom of Information Act”);
in connection with a civil, criminal, or administrative proceeding;
as a result of a declassification review process under Executive Order 13526 (50 U.S.C. 435 note) [now 50 U.S.C. 3161 note] or any successor order; or
to any officer, employee, or contractor of the Federal government or member of an advisory committee to an element of the intelligence community who possesses an active security clearance and a need to know the specific national intelligence or intelligence related to national security, as defined in section 3003(5) of this title.
Pub. L. 112–277, § 2, Jan. 14, 2013, 126 Stat. 2469, provided that:
“In this Act [see Tables for classification]: “(1) Congressional intelligence committees .— The term ‘congressional intelligence committees’ means— “(A) the Select Committee on Intelligence of the Senate; and “(B) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Intelligence community .— The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ) [now 50 U.S.C. 3003(4) ].”
In reviewing and processing a request by a person for the mandatory declassification of information pursuant to Executive Order No. 13526, a successor executive order, or any provision of law, the head of an element of the intelligence community—
may not charge the person reproduction fees in excess of the amount of fees that the head would charge the person for reproduction required in the course of processing a request for information under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”); and
may waive or reduce any processing fees in the same manner as the head waives or reduces fees under such section 552.
For definition of “intelligence community” as used in this section, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
Whenever an agency is processing a request pursuant to section 552 of title 5 (commonly known as the “Freedom of Information Act”) or the mandatory declassification review provisions of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, and identifies responsive classified records that are more than 25 years of age as of December 31 of the year in which the request is received, the head of the agency shall, in accordance with existing processes to protect national security under the Freedom of Information Act and the mandatory review provisions of Executive Order 12526,1 review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration, unless the head of agency—
makes a certification to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, that the declassification of certain components within the record would be harmful to the protection of sources and methods or national security, pursuant to existing processes; and
provides an explanation to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, for such certification.
Subsection (a) shall apply regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration.
For definition of “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
Not later than 180 days after December 20, 2019, the Director of the Defense Counterintelligence and Security Agency, which serves as the primary executive branch service provider for background investigations for eligibility for access to classified information, eligibility to hold a sensitive position, and for suitability and fitness for other matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information), shall, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established under such executive order, submit to Congress a report on—
metrics for assessing the completeness and quality of packages for background investigations submitted by agencies requesting background investigations from the Defense Counterintelligence and Security Agency;
rejection rates of background investigation submission packages due to incomplete or erroneous data, by agency; and
best practices for ensuring full and complete information in background investigation requests.
Not later than 270 days after December 20, 2019 , and not less frequently than once each year thereafter, the Security, Suitability, and Credentialing Performance Accountability Council shall submit to Congress a report on performance against the metrics and return rates identified in paragraphs (1) and (2) of subsection (a).
Not later than one year after December 20, 2019 , executive agents under Executive Order 13467 ( 50 U.S.C. 3161 note) shall identify agencies in need of improvement with respect to the quality of the information in the background investigation submissions of the agencies as reported in subsection (b).
Not later than 90 days after an agency is identified under paragraph (1), the head of the agency shall provide the executive agents referred to in such paragraph with a plan to improve the performance of the agency with respect to the quality of the information in the agency’s background investigation submissions.
In this section:
The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to section 3162a of this title .
The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 ( 50 U.S.C. 3161 note; relating to National Industrial Security Program), as in effect on the day before December 20, 2019 ) that is participating in the National Industrial Security Program established by such Executive Order.
Each head of a Federal agency shall share policies and plans relating to security clearances with appropriate industry partners directly affected by such policies and plans in a manner consistent with the protection of national security as well as the goals and objectives of the National Industrial Security Program administered pursuant to Executive Order 12829 ( 50 U.S.C. 3161 note; relating to the National Industrial Security Program).
Not later than 90 days after December 20, 2019 , the Security Executive Agent and the Director of the National Industrial Security Program shall jointly develop policies and procedures by which appropriate industry partners with proper security clearances and a need to know can have appropriate access to the policies and plans shared pursuant to subsection (b) that directly affect those industry partners.
An officer of an element of the intelligence community who has been nominated by the President for a position that requires the advice and consent of the Senate may not make a classification decision with respect to information related to such officer’s nomination.
Except as provided in paragraph (2), in a case in which an officer described in subsection (a) has been nominated as described in such subsection and classification authority rests with the officer or another officer who reports directly to such officer, a classification decision with respect to information relating to the officer shall be made by the Director of National Intelligence.
In a case described in paragraph (1) in which the officer nominated is the Director of National Intelligence, the classification decision shall be made by the Principal Deputy Director of National Intelligence.
Whenever the Director or the Principal Deputy Director makes a decision under subsection (b), the Director or the Principal Deputy Director, as the case may be, shall submit to the congressional intelligence committees a report detailing the reasons for the decision.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this title:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Armed Services of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Armed Services of the House of Representatives;
the Committee on Appropriations of the House of Representatives;
the Committee on Homeland Security of the House of Representatives; and
the Committee on Oversight and Reform of the House of Representatives.
The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order No. 12829 ( 50 U.S.C. 3161 note; relating to National Industrial Security Program)) that is participating in the National Industrial Security Program established by such Executive order.
The term “continuous vetting” has the meaning given such term in Executive Order No. 13467 ( 50 U.S.C. 3161 note; relating to reforming processes for determining suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information).
The term “Council” means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive order, or any successor entity.
The term “reciprocity” means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information.
The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to section 3162a of this title .
The term “Suitability and Credentialing Executive Agent” means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order No. 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information), or any successor entity.
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.
For definition of “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
It is the sense of Congress that—
ensuring the trustworthiness and security of the workforce, facilities, and information of the Federal Government is of the highest priority to national security and public safety;
the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability;
the current system for background investigations for security clearances, suitability and fitness for employment, and credentialing lacks efficiencies and capabilities to meet the current threat environment, recruit and retain a trusted workforce, and capitalize on modern technologies; and
changes to policies or processes to improve this system should be vetted through the Council to ensure standardization, portability, and reciprocity in security clearances across the Federal Government.
Not later than 90 days after December 20, 2019, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners the following:
A plan, with milestones, to reduce the background investigation inventory to 200,000, or an otherwise sustainable steady-level, by the end of year 2020. Such plan shall include notes of any required changes in investigative and adjudicative standards or resources.
A plan to consolidate the conduct of background investigations associated with the processing for security clearances in the most effective and efficient manner in the Defense Counterintelligence and Security Agency. Such plan shall address required funding, personnel, contracts, information technology, field office structure, policy, governance, schedule, transition costs, and effects on stakeholders.
Not later than 180 days after December 20, 2019 , the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security to reflect changes in threats, the workforce, and technology.
The report submitted under subparagraph (A) shall include the following:
A risk framework for granting and renewing access to classified information.
A discussion of the use of technologies to prevent, detect, and monitor threats.
A discussion of efforts to address reciprocity and portability.
A discussion of the characteristics of effective insider threat programs.
An analysis of how to integrate data from continuous vetting, insider threat programs, and human resources data.
Recommendations on interagency governance.
Not later than 180 days after December 20, 2019 , the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the report’s framework and recommendations submitted under paragraph (2)(A).
Not less frequently than quarterly, the Security Executive Agent shall make available to the public a report regarding the status of the disposition of requests received from departments and agencies of the Federal Government for a change to, or approval under, the Federal investigative standards, the national adjudicative guidelines, continuous vetting, or other national policy regarding personnel security.
For definitions of “Council”, “reciprocity”, “appropriate congressional committees”, “appropriate industry partners”, “continuous vetting”, and “Security Executive Agent”, referred to in text, see section 3352 of this title.
Not later than 180 days after December 20, 2019, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following:
A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.
An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat.
Recommendations to improve the background investigation process by—
simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire;
using remote techniques and centralized locations to support or replace field investigation work;
using secure and reliable digitization of information obtained during the clearance process;
building the capacity of the background investigation workforce; and
replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances.
Not later than 180 days after December 20, 2019, the Security Executive Agent shall, in coordination with the members of the Council, establish the following:
A policy and implementation plan for the issuance of interim security clearances.
A policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the United States as compared to employees of such agencies and departments. Such policy shall address—
prioritization of processing security clearances based on the mission the contractors will be performing;
standardization in the forms that agencies issue to initiate the process for a security clearance;
digitization of background investigation-related forms;
use of the polygraph;
the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”);
reciprocal recognition of clearances across agencies and departments of the United States, regardless of status of periodic reinvestigation;
tracking of clearance files as individuals move from employment with an agency or department of the United States to employment in the private sector;
collection of timelines for movement of contractors across agencies and departments;
reporting on security incidents and job performance, consistent with section 552a of title 5 (commonly known as the “Privacy Act of 1974”), that may affect the ability to hold a security clearance;
any recommended changes to the Federal Acquisition Regulations (FAR) necessary to ensure that information affecting contractor clearances or suitability is appropriately and expeditiously shared between and among agencies and contractors; and
portability of contractor security clearances between or among contracts at the same agency and between or among contracts at different agencies that require the same level of clearance.
A strategy and implementation plan that—
provides for periodic reinvestigations as part of a security clearance determination only on an as-needed, risk-based basis;
includes actions to assess the extent to which automated records checks and other continuous vetting methods may be used to expedite or focus reinvestigations; and
provides an exception to the requirement under subparagraph (A) for certain populations if the Security Executive Agent—
determines such populations require reinvestigations at regular intervals; and
provides written justification to the appropriate congressional committees for any such determination.
A policy and implementation plan for agencies and departments of the United States, as a part of the security clearance process, to accept automated records checks generated pursuant to a security clearance applicant’s employment with a prior employer.
A policy for the use of certain background information on individuals collected by the private sector for background investigation purposes.
Uniform standards for agency continuous vetting programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information.
Pub. L. 116–92, div. E, title LIV, § 5401, Dec. 20, 2019, 133 Stat. 2142, provided that:
“(a) Definition of Security Executive Agent .— In this section, the term ‘Security Executive Agent’ means the officer serving as the Security Executive Agent pursuant to section 803 of the National Security Act of 1947 [ 50 U.S.C. 3162a ], as added by section 6605. “(b) Policy Required .— Not later than 90 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Security Executive Agent shall issue a policy that requires the head of each Federal agency to create, not later than December 31, 2023 , an electronic portal that can be used by human resources personnel and applicants for security clearances to view information about the status of an application for a security clearance and the average time required for each phase of the security clearance process.”
For definitions of “Security Executive Agent”, “Council”, “appropriate congressional committees”, “appropriate industry partners”, “Suitability and Credentialing Executive Agent”, “continuous vetting”, and “reciprocity”, referred to in text, see section 3352 of this title.
The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations identified under section 3352b(b)(3)(C) of this title, regarding—
security clearances—
at the secret level are issued in 30 days or fewer; and
at the top secret level are issued in 90 days or fewer; and
reciprocity of security clearances at the same level are recognized in 2 weeks or fewer.
The Council shall reform the security clearance process with the goal that by December 31, 2021 , reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance.
If the Council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections (a) and (b), the Council may use those metrics for purposes of compliance within this provision.
If the Council uses the authority provided by paragraph (1) to use metrics as described in such paragraph, the Council shall, not later than 30 days after communicating such metrics to departments and agencies, notify the appropriate congressional committees that it is using such authority.
Not later than 180 days after December 20, 2019 , the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended interim milestones for the goals set forth in subsections (a) and (b) for 2019, 2020, and 2021.
For definitions of “Council”, “reciprocity”, “appropriate congressional committees”, and “appropriate industry partners”, referred to in text, see section 3352 of this title.
The head of each Federal department or agency shall submit an annual report to the Security Executive Agent that, with respect to the period covered by the report—
identifies the number of individuals whose security clearances took more than 2 weeks for reciprocity recognition after such individuals move to another part of such department or agency; and
breaks out the information described in paragraph (1) by type of clearance and the reasons for any delays.
Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners a report that summarizes the information received pursuant to subsection (b) during the period covered by such report.
For definitions of “Security Executive Agent”, “reciprocity”, and “appropriate congressional committees”, referred to in text, see section 3352 of this title.
Not later than 180 days after December 20, 2019 , and biennially thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information, networks, or facilities, or may only require a security clearance at the secret level. Such report shall take into account the potential effect of maintaining continuity of operations during a covered national emergency (as defined by section 3316b of this title ) and the assessed needs of the intelligence community to maintain such continuity of operations.
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
Not later than 90 days after December 20, 2019 , the Security Executive Agent and the Suitability and Credentialing Executive Agent shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
The program established under paragraph (1) shall be known as the “Trusted Information Provider Program” (in this section referred to as the “Program”).
The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate.
The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered through private-sector means during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
The information and records considered under the Program shall include the following:
Date and place of birth.
Citizenship or immigration and naturalization information.
Education records.
Employment records.
Employment or social references.
Military service records.
State and local law enforcement checks.
Criminal history checks.
Financial records or information.
Foreign travel, relatives, or associations.
Social media checks.
Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility.
Not later than 90 days after December 20, 2019 , the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program.
The plan required by paragraph (1) shall include the following:
Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program.
Not later than 180 days after December 20, 2019 , the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel.
The plan required by paragraph (1) shall include the following:
Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program.
Not later than 1 year after December 20, 2019 , the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans.
Pub. L. 117–103, div. X, title VIII, § 806, Mar. 15, 2022, 136 Stat. 1014, as amended by Pub. L. 117–263, div. F, title LXVI, § 6606, Dec. 23, 2022, 136 Stat. 3559, provided that:
“(a) Policy Required .— Not later than 2 years after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of National Intelligence, in coordination with the Secretary of Defense, the Director of the Office of Management and Budget, and the Attorney General, shall issue a policy for the Federal Government on sharing covered insider threat information pertaining to contractor employees. “(b) Consent Requirement .— The Director shall ensure that the policy issued under subsection (a) requires, as a condition of obtaining and maintaining a security clearance with the Federal Government, that a contractor employee provide prior written consent for the Federal Government to share covered insider threat information with the senior official responsible for the insider threat program of the contractor that employs the contractor employee. The Director may include in such policy restrictions on the further disclosure of such information. “(c) Consultation .— On a quarterly basis during the period in which the Director is developing the policy under subsection (a), the Director shall consult with Congress and industry partners with respect to such development. “(d) Review.— “(1) Submission .— Not later than 1 year after the date of the issuance of the policy under subsection (a), the Director of National Intelligence and the Secretary of Defense shall jointly submit to Congress and make available to such industry partners as the Director and the Secretary consider appropriate a review of the policy. “(2) Contents .— The review under paragraph (1) shall include the following: “(A) An assessment of the utility and effectiveness of the policy issued under subsection (a). “(B) Such recommendations as the Director and the Secretary determine appropriate with respect to legislative or administrative action relevant to such policy. “(e) Definitions .— In this section: “(1) Covered insider threat information .— The term ‘covered insider threat information’— “(A) means information that— “(i) is relevant with respect to adjudications relating to determinations of eligibility for access to classified information; “(ii) an agency or department of the Federal Government has vetted and verified; and “(iii) according to Director of National Intelligence policy, is considered relevant to the ability of a contractor employee to protect against insider threats as required by section 117.7(d) of title 32, Code of Federal Regulations, or successor regulation; and “(B) includes pertinent information considered in the counter-threat assessment, as authorized by a provision of Federal law or Executive Order. “(2) Contractor employee .— The term ‘contractor employee’ means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a department or agency of the Federal Government.”
Pub. L. 117–103, div. X, title VIII, § 807(a), Mar. 15, 2022, 136 Stat. 1015, provided that:
“(a) Governance .— The Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Deputy Director for Management in the Office of Management and Budget, acting as the chairman of the Performance Accountability Council, and the Under Secretary of Defense for Intelligence and Security shall jointly— “(1) not later than 180 days after the date of the enactment of this Act [ Mar. 15, 2022 ], publish, in the Federal Register as appropriate, a policy with guidelines and standards for Federal Government agencies and industry partners to implement the Trusted Workforce 2.0 initiative; “(2) not later than 2 years after the date of the enactment of this Act and not less frequently than once every 6 months thereafter, submit to Congress a report on the timing, delivery, and adoption of Federal Government agencies’ policies, products, and services to implement the Trusted Workforce 2.0 initiative, including those associated with the National Background Investigation Service; and “(3) not later than 90 days after the date of the enactment of this Act, submit to Congress performance management metrics for the implementation of the Trusted Workforce 2.0 initiative, including performance metrics regarding timeliness, cost, and measures of effectiveness.”
Pub. L. 115–232, div. A, title IX, § 941, Aug. 13, 2018, 132 Stat. 1941, provided that:
“(a) Program Required .— Not later than 90 days after the date of the enactment of this Act [ Aug. 13, 2018 ], the Security Executive Agent and the Suitability/Credentialing Executive Agent shall establish and implement a program (to be known as the ‘Trusted Information Provider Program’) to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce. “(b) Privacy Safeguards .— The Security Executive Agent and the Suitability/Credentialing Executive Agent shall ensure that the program required by subsection (a) includes such safeguards for privacy as the Security Executive Agent and the Suitability/Credentialing Executive Agent consider appropriate. “(c) Provision of Information to the Federal Government .— The program required by subsection (a) shall include requirements that enable Investigative Service Providers and agencies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy. “(d) Information and Records .— The information and records considered under the program required by subsection (a) shall include the following: “(1) Date and place of birth. “(2) Citizenship or immigration and naturalization information. “(3) Education records. “(4) Employment records. “(5) Employment or social references. “(6) Military service records. “(7) State and local law enforcement checks. “(8) Criminal history checks. “(9) Financial records or information. “(10) Foreign travel, relatives or associations. “(11) Social media checks. “(12) Any other information or records relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility. “(e) Implementation Plan.— “(1) In general .— Not later than 90 days after the date of the enactment of this Act [ Aug. 13, 2018 ], the Security Executive Agent and the Suitability/Credentialing Executive Agent shall jointly submit to Congress a plan for the implementation of the program required by subsection (a). “(2) Elements .— The plan required by paragraph (1) shall include the following: “(A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes. “(B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability/Credentialing Executive Agent consider appropriate to carry out or improve the program. “(f) Definitions .— In this section: “(1) The term ‘Security Executive Agent’ means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note). “(2) The term ‘Suitability/Credentialing Executive Agent’ means the Director of the Office of Personnel Management acting as the Suitability/Credentialing Executive Agent in accordance with Executive Order 13467.”
For definitions of “Security Executive Agent”, “Suitability and Credentialing Executive Agent”, “appropriate congressional committees”, and “appropriate industry partners”, referred to in text, see section 3352 of this title.
In this section:
The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
The term “covered contract or agreement”, with respect to an entity, means a contract or other agreement between that entity and an element of the intelligence community the performance of which requires a specified number of covered persons to hold a security clearance.
The term “covered person”, with respect to an entity, means a contractor or employee of that entity.
No later than April 1, 2024, the Director of National Intelligence shall—
complete a study on the feasibility and advisability of implementing a program to authorize additional security clearances for certain contractors as described in subsection (c);
develop a plan to implement the program described in subparagraph (A); and
submit to the appropriate committees of Congress—
a report on the findings of the Director with respect to the study completed pursuant to subparagraph (A); and
the plan developed pursuant to subparagraph (B).
The study completed pursuant to paragraph (1)(A) shall address the following:
For contracts agreed to after December 22, 2023, how private entities that contract with the intelligence community would make payments for additional clearances for their employees and how the intelligence community would receive payments.
A list of and changes to provisions of law required in order to fully implement the program required by subsection (c) and achieve the intent indicated in subparagraph (A) of this paragraph.
Such considerations as the Director may have for carrying out the program required by subsection (c) and achieving the intent indicated in subparagraph (A) of this paragraph.
Subject to the limitations described in subsection (d), the Director shall establish a program under which—
any entity that enters into a covered contract or agreement with an element of the intelligence community may designate an additional number of covered persons who may submit an application for a security clearance;
the appropriate authorized investigative agency and authorized adjudicative agency, as such terms are defined in section 3341(a) of this title, shall—
upon receiving such an application—
conduct an appropriate investigation of the background of the additional covered person; and
make a determination as to whether the additional covered person is eligible for access to classified information; and
if the determination under subparagraph (A)(ii) is favorable, upon any of the specified number of covered persons required to hold a security clearance for the performance of work under that covered contract or agreement becoming unable to perform such work, make a determination as to whether the additional covered person has a demonstrated need-to-know under Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, or Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any successor thereto (without requiring an additional investigation to be conducted under subparagraph (A)(i)); and
if the additional covered person receives a favorable determination regarding the need-to-know under paragraph (2)(B) and signs an approved nondisclosure agreement, the additional covered person may perform such work in lieu of such covered person.
The limitations described in this subsection are as follows:
The additional number designated by an entity under the program established pursuant to subsection (c) for each covered contract or agreement may not exceed the greater of the following:
10 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement.
1 person.
The total additional number designated by an entity under the program established pursuant to subsection (c) may not exceed the greater of the following:
10 percent of the sum total number of security clearances required to be held by covered persons to perform work under all covered contracts or agreements of the entity.
1 person.
No application for a security clearance may be submitted by a covered person of an entity or granted pursuant to the program established under subsection (c) in excess of the limitations under subsection (d) applicable to such entity.
No head of an element of the intelligence community may bear any cost associated with granting or maintaining a security clearance the application for which is submitted pursuant to subsection (c)(1).
Nothing in this section may be construed as requiring the head of an element of the intelligence community to grant any covered person access to classified information if a favorable determination of eligibility to access such classified information is not made with respect to such person.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
The President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards.
Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent—
review the standards established pursuant to paragraph (1); and
pursuant to such review—
update such standards as the President considers appropriate; and
publish in the Federal Register such updates as may be made pursuant to clause (i).
Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5 ) with the standards established pursuant to subsection (a).
Each report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel.
The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).
With respect to each report on compliance with timeliness standards for rendering determinations of trust for personnel vetting prepared pursuant to subsection (b), the Director of National Intelligence shall make available to the congressional intelligence committees as soon as practicable anonymized raw data with respect to the timeliness of polygraph examinations used to prepare each such report in machine-readable format for each element of the intelligence community that collects such data.
The data provided to the congressional intelligence committees under paragraph (1) may be modified to remove any personally identifying information, shall be submitted in unclassified form to the greatest extent possible, and shall contain a justification for the classification of any such data provided.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
SUBCHAPTER III–A— PUBLIC INTEREST DECLASSIFICATIONS
Congress makes the following findings:
It is in the national interest to establish an effective, coordinated, and cost-effective means by which records on specific subjects of extraordinary public interest that do not undermine the national security interests of the United States may be collected, retained, reviewed, and disseminated to Congress, policymakers in the executive branch, and the public.
Ensuring, through such measures, public access to information that does not require continued protection to maintain the national security interests of the United States is a key to striking the balance between secrecy essential to national security and the openness that is central to the proper functioning of the political institutions of the United States.
Pub. L. 106–567, title VII, § 710, Dec. 27, 2000, 114 Stat. 2864, as amended by Pub. L. 108–458, title I, § 1102(f), Dec. 17, 2004, 118 Stat. 3700; Pub. L. 110–53, title VI, § 602(4), Aug. 3, 2007, 121 Stat. 336; Pub. L. 112–235, § 2(c), Dec. 28, 2012, 126 Stat. 1626; Pub. L. 113–126, title III, § 311, July 7, 2014, 128 Stat. 1399; Pub. L. 116–92, div. E, title LXVII, § 6741(b), Dec. 20, 2019, 133 Stat. 2239, provided that:
“This title [enacting this subchapter] shall take effect on the date that is 120 days after the date of the enactment of this Act [ Dec. 27, 2000 ].”
For short title of title VII of Pub. L. 106–567, which enacted this subchapter, as the “Public Interest Declassification Act of 2000”, see section 701 of Pub. L. 106–567, set out as a note under section 3301 of this title.
Pub. L. 116–92, div. E, title LXVII, § 6741(c), Dec. 20, 2019, 133 Stat. 2239, provided that:
“Notwithstanding section 710(b) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ; 50 U.S.C. 3161 note) as in effect on the day before the date of the enactment of this Act [ Dec. 20, 2019 ]— “(1) the Public Interest Declassification Board shall be deemed to not have terminated for purposes of the appointment of members to the Board; “(2) section 703(h) of such Act [ 50 U.S.C. 3355a(h) ] shall not apply with respect to the period beginning on December 31, 2018 , and ending on the day before the date of the enactment of this Act; and “(3) the length of the terms of the members serving on the Board as of December 30, 2018 , shall be calculated by not counting the period specified in paragraph (2).”
[Prior to being struck out by Pub. L. 116–92, div. E, title LXVII, § 6741(b)(1), Dec. 20, 2019, 133 Stat. 2239, section 710(b) of the Public Interest Declassification Act of 2000 (Pub. L. 106–567, title VII), referred to in the introductory provisions of section 6741(c) of Pub. L. 116–92, set out above, provided that:
“The provisions of this title shall expire on December 31, 2018 .”
Section 710 of the Act was formerly set out in a note under section 3161 of this title, and was editorially transferred and is now set out as an Effective Date note above.]
There is established within the executive branch of the United States a board to be known as the “Public Interest Declassification Board” (in this subchapter referred to as the “Board”).
The Board shall report directly to the President or, upon designation by the President, the Vice President, the Attorney General, or other designee of the President. The other designee of the President under this paragraph may not be an agency head or official authorized to classify information under Executive Order 13526, or any successor order.
The purposes of the Board are as follows:
To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials (including donated historical materials) that are of archival value, including records and materials of extraordinary public interest.
To promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant United States national security decisions and significant United States national security activities in order to—
support the oversight and legislative functions of Congress;
support the policymaking role of the executive branch;
respond to the interest of the public in national security matters; and
promote reliable historical analysis and new avenues of historical study in national security matters.
To provide recommendations to the President for the identification, collection, and review for declassification of information of extraordinary public interest that does not undermine the national security of the United States, to be undertaken in accordance with a declassification program that has been established or may be established by the President by Executive order.
To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on policies deriving from the issuance by the President of Executive orders regarding the classification and declassification of national security information.
To review and make recommendations to the President in a timely manner with respect to any congressional request, made by the committee of jurisdiction or by a member of the committee of jurisdiction, to declassify certain records, to evaluate the proper classification of certain records, or to reconsider a declination to declassify specific records.
The Board shall be composed of nine individuals appointed from among citizens of the United States who are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives, including individuals who have served in Congress or otherwise in the Federal Government or have otherwise engaged in research, scholarship, or publication in such fields on matters relating to the national security of the United States, of whom—
five shall be appointed by the President;
one shall be appointed by the Speaker of the House of Representatives;
one shall be appointed by the majority leader of the Senate;
one shall be appointed by the minority leader of the Senate; and
one shall be appointed by the minority leader of the House of Representatives.
Of the members initially appointed to the Board by the President—
three shall be appointed for a term of 4 years;
one shall be appointed for a term of 3 years; and
one shall be appointed for a term of 2 years.
The members initially appointed to the Board by the Speaker of the House of Representatives or by the majority leader of the Senate shall be appointed for a term of 3 years.
The members initially appointed to the Board by the minority leader of the House of Representatives or the Senate shall be appointed for a term of 2 years.
Any subsequent appointment to the Board shall be for a term of 3 years from the date of the appointment.
A vacancy in the Board shall be filled in the same manner as the original appointment.
A member of the Board may be appointed to a new term on the Board upon the expiration of the member’s term on the Board, except that no member may serve more than three full terms on the Board.
A member of the Board whose term has expired may continue to serve until the earlier of—
the date that a successor is appointed and sworn in; and
the date that is 1 year after the date of the expiration of the term.
Not later than 30 days after the date on which the term of a member of the Board ends, the appointing authority of the member shall submit to Congress a plan to appoint a successor.
The President shall designate one of the members of the Board as the Chairperson of the Board.
The term of service as Chairperson of the Board shall be 2 years.
A member serving as Chairperson of the Board may be redesignated as Chairperson of the Board upon the expiration of the member’s term as Chairperson of the Board, except that no member shall serve as Chairperson of the Board for more than 6 years.
The Director of the Information Security Oversight Office shall serve as the Executive Secretary of the Board.
The Board shall meet as needed to accomplish its mission, consistent with the availability of funds, but shall meet in person not less frequently than on a quarterly basis. A majority of the members of the Board shall constitute a quorum.
Any employee of the Federal Government may be detailed to the Board, with the agreement of and without reimbursement to the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege.
In addition to any employees detailed to the Board under paragraph (1), the Board may, subject to the availability of funds, hire not more than 12 staff members.
The members and staff of the Board shall, as a condition of appointment to or employment with the Board, hold appropriate security clearances for access to the classified records and materials to be reviewed by the Board or its staff, and shall follow the guidance and practices on security under applicable Executive orders and Presidential or agency directives.
The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board, or a member of the staff of the Board to classified records or materials of the agency under this subchapter, require the member, the Executive Secretary, or the member of the staff, as the case may be, to—
execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and
hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials.
The members of the Board, the Executive Secretary of the Board, and the members of the staff of the Board may not use any information acquired in the course of their official activities on the Board for nonofficial purposes.
For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States, and subject to any limitations on access arising under section 3355d(b) of this title, and to facilitate the advisory functions of the Board under this subchapter, a member of the Board seeking access to a record or material under this subchapter shall be deemed for purposes of this subsection to have a need to know the contents of the record or material.
Each member of the Board shall receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for positions at ES–1 of the Senior Executive Service under section 5382 of title 5 for each day such member is engaged in the actual performance of duties of the Board.
Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of the duties of the Board.
On behalf of the President, the Assistant to the President for National Security Affairs shall provide guidance on policy to the Board.
The Executive Secretary of the Board, under the direction of the Chairperson of the Board and the Board, and acting in consultation with the Archivist of the United States, the Assistant to the President for National Security Affairs, and the Director of the Office of Management and Budget, shall prepare the annual budget of the Board.
The Information Security Oversight Office may support the activities of the Board under this subchapter. Such support shall be provided on a reimbursable basis.
The Board shall make available for public inspection records of its proceedings and reports prepared in the course of its activities under this subchapter to the extent such records and reports are not classified and would not be exempt from release under the provisions of section 552 of title 5.
In making records and reports available under paragraph (1), the Board shall coordinate the release of such records and reports with appropriate officials from agencies with expertise in classified information in order to ensure that such records and reports do not inadvertently contain classified information.
The provisions of chapter 10 of title 5 shall not apply to the activities of the Board under this subchapter. However, the records of the Board shall be governed by the provisions of the Federal Records Act of 1950.
As requested by the Board, or by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, the head of any agency with the authority under an Executive order to classify information shall provide to the Board, the Select Committee on Intelligence of the Senate, or the Permanent Select Committee on Intelligence of the House of Representatives, on an annual basis, a summary briefing and report on such agency’s progress and plans in the declassification of national security information. Such briefing shall cover the declassification goals set by statute, regulation, or policy, the agency’s progress with respect to such goals, and the agency’s planned goals and priorities for its declassification activities over the next 2 fiscal years. Agency briefings and reports shall give particular attention to progress on the declassification of records and materials that are of archival value or extraordinary public interest to the people of the United States.
The annual briefing and report under paragraph (1) for agencies within the Department of Defense, including the military departments and the elements of the intelligence community, shall be provided on a consolidated basis.
In this paragraph, the term “elements of the intelligence community” means the elements of the intelligence community specified or designated under section 3003(4) of this title.
Upon reviewing and discussing declassification plans and progress with an agency, the Board shall provide to the head of the agency the written recommendations of the Board as to how the agency’s declassification program could be improved. A copy of each recommendation shall also be submitted to the Assistant to the President for National Security Affairs and the Director of the Office of Management and Budget.
Consistent with the provisions of section 3355a(k) of this title, the Board’s recommendations to the head of an agency under paragraph (1) shall become public 60 days after such recommendations are sent to the head of the agency under that paragraph.
The Board shall also make recommendations to the President regarding proposed initiatives to identify, collect, and review for declassification classified records and materials of extraordinary public interest.
In making recommendations under paragraph (1), the Board shall consider the following:
The opinions and requests of Members of Congress, including opinions and requests expressed or embodied in letters or legislative proposals, and also including specific requests for the declassification of certain records or for the reconsideration of declinations to declassify specific records.
The opinions and requests of the National Security Council, the Director of National Intelligence, and the heads of other agencies.
The opinions of United States citizens.
The opinions of members of the Board.
The impact of special searches on systematic and all other on-going declassification programs.
The costs (including budgetary costs) and the impact that complying with the recommendations would have on agency budgets, programs, and operations.
The benefits of the recommendations.
The impact of compliance with the recommendations on the national security of the United States.
Concurrent with the submission to Congress of the budget of the President each fiscal year under section 1105 of title 31, the Director of the Office of Management and Budget shall publish a description of the President’s declassification program and priorities, together with a listing of the funds requested to implement that program.
Nothing in this subchapter shall be construed to substitute or supersede, or establish a funding process for, any declassification program that has been established or may be established by the President by Executive order.
If requested by the President, the Board shall review in a timely manner certain records or declinations to declassify specific records, the declassification of which has been the subject of specific congressional request described in section 3355a(b)(5) of this title .
Upon receiving a congressional request described in section 3355a(b)(5) of this title , the Board may conduct the review and make the recommendations described in that section, regardless of whether such a review is requested by the President.
Any recommendations submitted to the President by the Board under section 3355a(b)(5) of this title shall be submitted to the chairman and ranking minority member of the committee of Congress that made the request relating to such recommendations.
Nothing in this subchapter shall be construed to limit the authority of the head of an agency to classify information or to continue the classification of information previously classified by that agency.
Nothing in this subchapter shall be construed to limit the authority of the head of an agency to grant or deny access to a special access program.
Nothing in this subchapter shall be construed to limit the authorities of the Director of National Intelligence as the head of the intelligence community, including the Director’s responsibility to protect intelligence sources and methods from unauthorized disclosure as required by 3024(h) 1 1 So in original. Probably should be preceded by “section”. of this title.
Nothing in this subchapter shall be construed to limit any exemption or exception to the release to the public under this subchapter of information that is protected under subsection (b) of section 552 of title 5 (commonly referred to as the “Freedom of Information Act”), or section 552a of title 5 (commonly referred to as the “Privacy Act”).
Nothing in this subchaper shall be construed to authorize the withholding of information from Congress.
The head of each agency with the authority under an Executive order to classify information and the head of each Federal Presidential library shall designate an employee of such agency or library to act as liaison to the Board for purposes of this subchapter.
The Board may establish liaison and otherwise consult with such other historical and advisory committees as the Board considers appropriate for purposes of this subchapter.
Except as provided in paragraph (2), if the head of an agency or the head of a Federal Presidential library determines it necessary to deny or restrict access of the Board, or of the agency or library liaison to the Board, to information contained in a record or material, in whole or in part, the head of the agency or the head of the library shall promptly notify the Board in writing of such determination.
Each notice to the Board under subparagraph (A) shall include a description of the nature of the records or materials, and a justification for the determination, covered by such notice.
In the case of a determination referred to in paragraph (1) with respect to a special access program created by the Secretary of Defense, the Director of National Intelligence, or the head of any other agency, the notification of denial of access under paragraph (1), including a description of the nature of the Board’s request for access, shall be submitted to the Assistant to the President for National Security Affairs rather than to the Board.
At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the public’s interest in the disclosure of records or materials of the agency covered by such review, and still properly classified, outweighs the Government’s need to protect such records or materials, and may release such records or materials in accordance with the provisions of Executive Order 13526 or any successor order to such Executive order.
At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the interest of the agency in the protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public’s need for access to such records or materials, and may deny release of such records or materials in accordance with the provisions of Executive Order 13526 or any successor order to such Executive order.
Except as provided in paragraph (2), the Board shall annually submit to the appropriate congressional committees a report on the activities of the Board under this subchapter, including summary information regarding any denials to the Board by the head of an agency or the head of a Federal Presidential library of access to records or materials under this subchapter.
In this paragraph, the term “appropriate congressional committees” means the Select Committee on Intelligence and the Committee on Governmental Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on Government Reform of the House of Representatives.
Notwithstanding paragraph (1), notice that the Board has been denied access to records and materials, and a justification for the determination in support of the denial, shall be submitted by the agency denying the access as follows:
In the case of the denial of access to a special access program created by the Secretary of Defense, to the Committees on Armed Services and Appropriations of the Senate and to the Committees on Armed Services and Appropriations of the House of Representatives.
In the case of the denial of access to a special access program created by the Director of National Intelligence, or by the head of any other agency (including the Department of Defense) if the special access program pertains to intelligence activities, or of access to any information and materials relating to intelligence sources and methods, to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
In the case of the denial of access to a special access program created by the Secretary of Energy or the Administrator for Nuclear Security, to the Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate and to the Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.
In response to a specific congressional request for declassification review described in section 3355a(b)(5) of this title , the Board shall advise the originators of the request in a timely manner whether the Board intends to conduct such review.
Committee on Government Reform of the House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of the Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Nothing in this subchapter limits the protection afforded to any information under any other provision of law. This subchapter is not intended and may not be construed to create any right or benefit, substantive or procedural, enforceable against the United States, its agencies, its officers, or its employees. This subchapter does not modify in any way the substantive criteria or procedures for the classification of information, nor does this subchapter create any right or benefit subject to judicial review.
There is hereby authorized to be appropriated to carry out the provisions of this subchapter amounts as follows:
For fiscal year 2001, $650,000.
For each fiscal year after fiscal year 2001, such sums as may be necessary for such fiscal year.
The President shall include in the budget submitted to Congress for each fiscal year under section 1105 of title 31 a request for amounts for the activities of the Board under this subchapter during such fiscal year.
In this subchapter:
Except as provided in subparagraph (B), the term “agency” means the following:
An Executive agency, as that term is defined in section 105 of title 5.
A military department, as that term is defined in section 102 of such title.
Any other entity in the executive branch that comes into the possession of classified information.
The term does not include the Board.
The terms “classified material” and “classified record” include any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, videotape, machine readable records, and other documentary material, regardless of physical form or characteristics, that has been determined pursuant to Executive order to require protection against unauthorized disclosure in the interests of the national security of the United States.
The term “declassification” means the process by which records or materials that have been classified are determined no longer to require protection from unauthorized disclosure to protect the national security of the United States.
The term “donated historical material” means collections of personal papers donated or given to a Federal Presidential library or other archival repository under a deed of gift or otherwise.
The term “Federal Presidential library” means a library operated and maintained by the United States Government through the National Archives and Records Administration under the applicable provisions of the Federal Records Act of 1950.
The term “national security” means the national defense or foreign relations of the United States.
The term “records or materials of extraordinary public interest” means records or materials that—
demonstrate and record the national security policies, actions, and decisions of the United States, including—
policies, events, actions, and decisions which led to significant national security outcomes; and
the development and evolution of significant United States national security policies, actions, and decisions;
will provide a significantly different perspective in general from records and materials publicly available in other historical sources; and
would need to be addressed through ad hoc record searches outside any systematic declassification program established under Executive order.
The term “records of archival value” means records that have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Government.
SUBCHAPTER IV— COLLECTION, ANALYSIS, AND SHARING OF INTELLIGENCE
The Director of National Intelligence shall establish in the intelligence community an element with the function of connecting the elements of the intelligence community engaged in the acquisition, storage, translation, or analysis of voice or data in digital form.
The element established under subsection (a) shall be known as the National Virtual Translation Center.
The element established under subsection (a) shall provide for timely and accurate translations of foreign intelligence for all elements of the intelligence community through—
the integration of the translation capabilities of the intelligence community;
the use of remote-connection capabilities; and
the use of such other capabilities as the Director considers appropriate.
The Director shall retain direct supervision and control over the element established under subsection (a).
The element established under subsection (a) shall connect elements of the intelligence community utilizing the most current available information technology that is applicable to the function of the element.
Personnel of the element established under subsection (a) may carry out the duties and functions of the element at any location that—
has been certified as a secure facility by a department or agency of the United States Government; or
the Director has otherwise determined to be appropriate for such duties and functions.
The element required by subsection (a) shall be established as soon as practicable after November 27, 2002 , but not later than 90 days after November 27, 2002 .
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
The Director of National Intelligence shall establish within the Central Intelligence Agency an element responsible for conducting all-source intelligence analysis of information relating to the financial capabilities, practices, and activities of individuals, groups, and nations associated with international terrorism in their activities relating to international terrorism.
The element established under subsection (a) shall be known as the Foreign Terrorist Asset Tracking Center.
The element required by subsection (a) shall be established as soon as practicable after November 27, 2002 , but not later than 90 days after November 27, 2002 .
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
The Director of National Intelligence shall—
establish and maintain a list of individuals who are known or suspected international terrorists, and of organizations that are known or suspected international terrorist organizations; and
ensure that pertinent information on the list is shared with the departments, agencies, and organizations described by subsection (c).
The list under paragraph (1), and the mechanisms for sharing information on the list, shall be known as the “Terrorist Identification Classification System”.
The Director shall prescribe requirements for the inclusion of an individual or organization on the list required by subsection (a), and for the deletion or omission from the list of an individual or organization currently on the list.
The Director shall ensure that the information utilized to determine the inclusion, or deletion or omission, of an individual or organization on or from the list is derived from all-source intelligence.
The Director shall ensure that the list is maintained in accordance with existing law and regulations governing the collection, storage, and dissemination of intelligence concerning United States persons.
Subject to section 3024(h) of this title , relating to the protection of intelligence sources and methods, the Director shall provide for the sharing of the list, and information on the list, with such departments and agencies of the Federal Government, State and local government agencies, and entities of foreign governments and international organizations as the Director considers appropriate.
Not later than March 1, 2003, the Director shall submit to the congressional intelligence committees a report describing the criteria used to determine which types of information on the list required by subsection (a) are to be shared, and which types of information are not to be shared, with various departments and agencies of the Federal Government, State and local government agencies, and entities of foreign governments and international organizations.
The report shall include a description of the circumstances in which the Director has determined that sharing information on the list with the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c) would be inappropriate due to the concerns addressed by section 403–3(c)(7) 1 of this title, relating to the protection of sources and methods, and any instance in which the sharing of information on the list has been inappropriate in light of such concerns.
The Director shall, to the maximum extent practicable, ensure the interoperability of the Terrorist Identification Classification System with relevant information systems of the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c).
The Director shall ensure that the System utilizes technologies that are effective in aiding the identification of individuals in the field.
Not later than one year after November 27, 2002, the Director shall, in consultation with the Director of Homeland Security, submit to the congressional intelligence committees a report on the status of the Terrorist Identification Classification System. The report shall contain a certification on the following:
Whether the System contains the intelligence information necessary to facilitate the contribution of the System to the domestic security of the United States.
Whether the departments and agencies having access to the System have access in a manner that permits such departments and agencies to carry out appropriately their domestic security responsibilities.
Whether the System is operating in a manner that maximizes its contribution to the domestic security of the United States.
If a certification under subparagraph (A), (B), or (C) is in the negative, the modifications or enhancements of the System necessary to ensure a future certification in the positive.
The report shall be submitted in unclassified form, but may include a classified annex.
In this section, the term “congressional intelligence committees” means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
For purposes of carrying out section 3024(g) of this title , the Director of National Intelligence shall, not later than 180 days after December 17, 2004 , assign an individual or entity to be responsible for ensuring that finished intelligence products produced by any element or elements of the intelligence community are timely, objective, independent of political considerations, based upon all sources of available intelligence, and employ the standards of proper analytic tradecraft.
The individual or entity assigned responsibility under subsection (a)—
may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or involved in, the specific production of any finished intelligence product;
shall perform, on a regular basis, detailed reviews of finished intelligence product or other analytic products by an element or elements of the intelligence community covering a particular topic or subject matter;
shall be responsible for identifying on an annual basis functional or topical areas of analysis for specific review under subparagraph (B); and
upon completion of any review under subparagraph (B), may draft lessons learned, identify best practices, or make recommendations for improvement to the analytic tradecraft employed in the production of the reviewed product or products.
Each review under paragraph (1)(B) should—
include whether the product or products concerned were based on all sources of available intelligence, properly describe the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic judgments, properly distinguish between underlying intelligence and the assumptions and judgments of analysts, and incorporate, where appropriate, alternative analyses; and
ensure that the analytic methodologies, tradecraft, and practices used by the element or elements concerned in the production of the product or products concerned meet the standards set forth in subsection (a).
Information drafted under paragraph (1)(D) should, as appropriate, be included in analysis teaching modules and case studies for use throughout the intelligence community.
The individual or entity assigned responsibility under subsection (a) shall annually conduct a survey of analytic objectivity among officers and employees of the intelligence community.
The head of each element of the intelligence community shall take all practical actions to encourage maximum participation by officers and employees of such element with respect to the survey conducted under subparagraph (A).
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 117–263, div. F, title LXIII, § 6312, Dec. 23, 2022, 136 Stat. 3510, as amended by Pub. L. 119–60, div. F, title LXIII, § 6306, title LXVIII, § 6801(c)(2)(B), Dec. 18, 2025, 139 Stat. 1612, 1653, provided that:
“(a) Policy for Training Program Required .— Consistent with sections 1019 and 1020 of the Intelligence Reform and Terrorism Prevention Act of 2004 [ Pub. L. 108–458 ] ( 50 U.S.C. 3364 and 3364 note), the Director of National Intelligence shall issue a policy that requires each head of an element of the intelligence community, that has not already done so, to create, before the date that is 180 days after the date of the enactment of this Act [ Dec. 23, 2022 ], an annual training program on the standards set forth in Intelligence Community Directive 203, Analytic Standards (or successor directive). “(b) Conduct of Training .— Training required pursuant to the policy required by subsection (a) shall— “(1) be a dedicated, stand-alone training; and “(2) include instruction on how to report concerns regarding lack of objectivity, bias, politicization, or other issues relating to the standards set forth in Intelligence Community Directive 203, Analytic Standards (or any successor directive). “(c) Certification of Completion of Training .— Each year, each head of an element of the intelligence community shall submit to the congressional intelligence committees a certification as to whether all of the analysts of that element have completed the training required pursuant to the policy required by subsection (a) and if the analysts have not, an explanation of why the training has not been completed. “(d) Reports.— “(1) Annual report .— Not later than February 1 each year, the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the compliance incidents reported to intelligence community analytic ombudspersons relating to the standards set forth in Intelligence Community Directive 203 (relating to analytic standards), or successor directive, including the number and themes of such incidents and a list of each intelligence product reported during the preceding 1-year period to the Analytic Ombudsman of the Office of the Director of National Intelligence or other designated official specified in law or policy to receive complaints related to, or review compliance with, analytic standards. “(2) Report on performance evaluation .— Not later than 90 days after the date of the enactment of this Act, the head of analysis at each element of the intelligence community that conducts all-source analysis shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing how compliance with the standards set forth in Intelligence Community Directive 203 (relating to analytic standards), or successor directive, is considered in the performance evaluations and consideration for merit pay, bonuses, promotions, and any other personnel actions for analysts within the element. “(e) Rule of Construction .— Nothing in this section shall be construed to prohibit the Director from providing training described in this section as a service of common concern. “(f) Sunset .— This section shall cease to be effective on the date that is 5 years after the date of the enactment of this Act [ Dec. 23, 2022 ].”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6312 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
Pub. L. 108–458, title I, § 1020, Dec. 17, 2004, 118 Stat. 3672, provided that:
“(a) In General .— Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458 , see Effective Date of 2004 Amendment; Transition Provisions note set out under section 3001 of this title ], the Director of National Intelligence shall identify an individual within the Office of the Director of National Intelligence who shall be available to analysts within the Office of the Director of National Intelligence to counsel, conduct arbitration, offer recommendations, and, as appropriate, initiate inquiries into real or perceived problems of analytic tradecraft or politicization, biased reporting, or lack of objectivity in intelligence analysis. “(b) Report .— Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives on the implementation of subsection (a).”
Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence (as defined in section 3003 of this title ) or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information. Consistent with the responsibility of the Director of Central Intelligence to protect intelligence sources and methods, and the responsibility of the Attorney General to protect sensitive law enforcement information, it shall be lawful for information revealing a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, obtained as part of a criminal investigation to be disclosed to any appropriate Federal, State, local, or foreign government official for the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue.
In this section, the term “foreign intelligence information” means—
information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—
actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage or international terrorism by a foreign power or an agent of a foreign power; or
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—
the national defense or the security of the United States; or
the conduct of the foreign affairs of the United States.
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Notwithstanding any other provision of law, the head of any department or agency of the United States is authorized to receive and utilize funds made available to the department or agency by the Director of National Intelligence pursuant to section 3024(d)(2) of this title , as amended by subsection (a), and receive and utilize any system referred to in such section that is made available to such department or agency.
The Director of National Intelligence shall ensure that the intelligence community makes efficient and effective use of open-source information and analysis.
Pub. L. 118–31, div. G, title III, § 7321(d), (e), Dec. 22, 2023, 137 Stat. 1038, provided that:
“(d) Intelligence Community Directive With Respect to Open-source Intelligence .— Not later than 180 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of National Intelligence shall update Intelligence Community Directive 208, Maximizing the Utility of Analytic Products (or any successor directive) to specifically address— “(1) the production and dissemination of unclassified intelligence products derived entirely from open-source intelligence, including from unclassified publicly available information, unclassified commercially available information, or any other type of unclassified information; and “(2) the needs and requirements of covered individuals who do not hold a security clearance or have access to the classified systems on which such unclassified intelligence products reside. “(e) Definitions .— In this section: “(1) Appropriate committees of congress .— The term ‘appropriate committees of Congress’ means— “(A) the congressional intelligence committees; “(B) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and “(C) the Committee on Oversight and Accountability, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. “(2) Covered individual .— The term ‘covered individual’ means an employee of the Federal Government— “(A) who is not an employee or contractor of an element of the intelligence community; and “(B) who would derive value from a covered open-source intelligence product. “(3) Covered open-source intelligence product .— The term ‘covered open-source intelligence product’ means an unclassified product derived from open-source intelligence that is produced by the intelligence community.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 7321(d), (e) of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 117–263, div. F, title LXIII, § 6311, Dec. 23, 2022, 136 Stat. 3508, provided that:
“(a) Pilot Program to Assess Open Source Support for Export Controls and Foreign Investment Screening.— “(1) Pilot program authorized .— The Director of National Intelligence shall designate an element of the intelligence community to carry out a pilot program to assess the feasibility and advisability of providing enhanced intelligence support, including intelligence derived from open source, publicly and commercially available information— “(A) to the Department of Commerce to support the export control and investment screening functions of the Department; and “(B) to the Department of Homeland Security to support the export control functions of the Department. “(2) Authority .— In carrying out the pilot program required by paragraph (1), the element designated by the Director under such paragraph— “(A) shall establish a process for the provision of information as described in such paragraph; and “(B) may— “(i) acquire and prepare data, consistent with applicable provisions of law and Executive orders; “(ii) modernize analytic systems, including through the acquisition, development, or application of automated tools; and “(iii) establish standards and policies regarding the acquisition, treatment, and sharing of open source, publicly and commercially available information. “(3) Duration .— The pilot program required by paragraph (1) shall be carried out during a 3-year period. “(b) Plan and Report Required.— “(1) Definition of appropriate committees of congress .— In this subsection, the term ‘appropriate committees of Congress’ means— “(A) the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and “(B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. “(2) Plan.— “(A) In general .— Not later than 90 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Director shall, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, submit to the appropriate committees of Congress a plan to carry out the pilot program required by subsection (a)(1). “(B) Contents .— The plan submitted under subparagraph (A) shall include the following: “(i) A list, developed in consultation with the Secretary of Commerce and the Secretary of Homeland Security, of the activities of the Department of Commerce and the Department of Homeland Security that will be supported by the pilot program. “(ii) A plan for measuring the effectiveness of the pilot program and the value of open source, publicly and commercially available information to the export control and investment screening missions. “(3) Report.— “(A) In general .— Not later than 540 days after the date on which the Director submits the plan under paragraph (2)(A), the Director shall submit to the appropriate committees of Congress a report on the findings of the Director with respect to the pilot program. “(B) Contents .— The report submitted under subparagraph (A) shall include the following: “(i) An assessment of the feasibility and advisability of providing information as described in subsection (a)(1). “(ii) An assessment of the value of open source, publicly and commercially available information to the export control and investment screening missions, using the measures of effectiveness under paragraph (2)(B)(ii). “(iii) Identification of opportunities for and barriers to more effective use of open source, publicly and commercially available information by the intelligence community.”
[For definition of “intelligence community” as used in section 6311 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
Not later than 180 days after May 5, 2017 , and consistent with the protection of intelligence sources and methods, the Director of National Intelligence shall publish on a publicly available Internet website a list of all logos, symbols, insignia, and other markings commonly associated with, or adopted by, an organization designated by the Secretary of State as a foreign terrorist organization under section 1189(a) of title 8 .
The Director shall update the list published under subsection (a) every 180 days until December 22, 2023 .
Congress makes the following findings:
The Russian Federation, through military intelligence units, also known as the “GRU”, and Kremlin-linked troll organizations often referred to as the “Internet Research Agency”, deploy information warfare operations against the United States, its allies and partners, with the goal of advancing the strategic interests of the Russian Federation.
One line of effort deployed as part of these information warfare operations is the weaponization of social media platforms with the goals of intensifying societal tensions, undermining trust in governmental institutions within the United States, its allies and partners in the West, and generally sowing division, fear, and confusion.
These information warfare operations are a threat to the national security of the United States and that of the allies and partners of the United States. As former Director of National Intelligence Dan Coats stated, “These actions are persistent, they are pervasive and they are meant to undermine America’s democracy.”.
These information warfare operations continue to evolve and increase in sophistication.
Other foreign adversaries and hostile non-state actors are increasingly adopting similar tactics of deploying information warfare operations against the West, such as recent state-backed operations from China around the Hong Kong protests identified by social media companies.
Technological advances, including artificial intelligence, will only make it more difficult in the future to detect fraudulent accounts, deceptive material posted on social media, and malign behavior on social media platforms.
Because these information warfare operations are deployed within and across private social media platforms, the companies that own these platforms have a responsibility to detect and facilitate the removal or neutralization of foreign adversary networks operating clandestinely on their platforms.
The social media companies are inherently technologically sophisticated and adept at rapidly analyzing large amounts of data and developing software-based solutions to diverse and ever-changing challenges on their platforms, which makes them well-equipped to address the threat occurring on their platforms.
Independent analyses confirmed Kremlin-linked threat networks, based on data provided by several social media companies to the Select Committee on Intelligence of the Senate, thereby demonstrating that it is possible to discern both broad patterns of cross-platform information warfare operations and specific fraudulent behavior on social media platforms.
General Paul Nakasone, Director of the National Security Agency, emphasized the importance of these independent analyses to the planning and conducting of military cyber operations to frustrate Kremlin-linked information warfare operations against the 2018 mid-term elections. General Nakasone stated that the reports “were very, very helpful in terms of being able to understand exactly what our adversary was trying to do to build dissent within our nation.”.
Institutionalizing ongoing robust, independent, and vigorous analysis of data related to foreign threat networks within and across social media platforms will help counter ongoing information warfare operations against the United States, its allies, and its partners.
Archiving and disclosing to the public the results of these analyses by the social media companies and trusted third-party experts in a transparent manner will serve to demonstrate that the social media companies are detecting and removing foreign malign activities from their platforms while protecting the privacy of the people of the United States and will build public understanding of the scale and scope of these foreign threats to our democracy, since exposure is one of the most effective means to build resilience.
It is the sense of Congress that—
the social media companies should cooperate among themselves and with independent organizations and researchers on a sustained and regular basis to share and analyze data and indicators relevant to foreign information warfare operations within and across their platforms in order to detect and counter foreign information warfare operations that threaten the national security of the United States and its allies and partners;
information from law enforcement and the intelligence community is also important in assisting efforts by these social media companies to identify foreign information warfare operations;
these analytic efforts should be organized in such a fashion as to meet the highest standards of ethics, confidentiality, and privacy protection of the people of the United States, while still allowing timely research access to relevant data;
these analytic efforts should be undertaken as soon as possible to facilitate countering ongoing state or state-backed foreign information warfare operations and to aid in preparations for the United States Presidential and congressional elections in 2020 and beyond;
the structure and operations of social media companies make them well positioned to work with independent organizations and researchers to address foreign adversary threat networks within and across their platforms, and these efforts could be conducted without direct Government involvement, direction, or regulation; and
if the social media industry fails to take sufficient action to address foreign adversary threat networks operating within or across their platforms, Congress would have to consider additional safeguards for ensuring that this threat is effectively mitigated.
Not later than June 1, 2021 , the Director of National Intelligence, in coordination with the Secretary of Defense, shall facilitate, by grant or contract or under an existing authority of the Director, the establishment of a Social Media Data and Threat Analysis Center with the functions described in paragraph (2) at an independent, nonprofit organization.
The functions described in this paragraph are the following:
Acting as a convening and sponsoring authority for cooperative social media data analysis of foreign threat networks involving social media companies and third-party experts, nongovernmental organizations, data journalists, Federally funded research and development centers, academic researchers, traditional media, and international counterparts, as appropriate.
Facilitating analysis of foreign influence operation, within and across the individual social media platforms as well as hacking and leaking campaigns, and other tactics, and related unlawful activities that fund or subsidize such operations.
Developing processes to share information from government entities on foreign influence operations with the individual social media companies to inform threat analysis, and working with the Office of the Director of National Intelligence as appropriate.
Determining and making public criteria for identifying which companies, organizations, or researchers qualify for inclusion in the activities of the Center, and inviting entities that fit the criteria to join.
Determining jointly with the social media companies what data and metadata related to indicators of foreign adversary threat networks from their platforms and business operations will be made available for access and analysis.
Developing and making public the criteria and standards that must be met for companies, other organizations, and individual researchers to access and analyze data relating to foreign adversary threat networks within and across social media platforms and publish or otherwise use the results.
Developing and making public the ethical standards for investigation of foreign threat networks and use of analytic results and for protection of the privacy of the customers and users of the social media platforms and of the proprietary information of the social media companies.
Developing technical, contractual, and procedural controls to prevent misuse of data, including any necessary auditing procedures, compliance checks, and review mechanisms.
Developing and making public criteria and conditions under which the Center shall share information with the appropriate Government agencies regarding threats to national security from, or violations of the law involving, foreign activities on social media platforms.
Hosting a searchable archive aggregating information related to foreign influence and disinformation operations to build a collective understanding of the threats and facilitate future examination consistent with privacy protections.
Developing data standards to harmonize the sharing of information pursuant to this paragraph.
The Director of the Center shall—
not later than August 1, 2021, submit to appropriate congressional committees a report on—
the estimated funding needs of the Center for fiscal year 2021 and for subsequent years;
such statutory protections from liability as the Director considers necessary for the Center, participating social media companies, and participating third-party analytical participants;
such statutory penalties as the Director considers necessary to ensure against misuse of data by researchers; and
such changes to the Center’s mission to fully capture broader unlawful activities that intersect with, complement, or support information warfare tactics; and
not less frequently than once each year, submit to the Director of National Intelligence, the Secretary of Defense, and the appropriate congressional committees a report—
that assesses—
degree of cooperation and commitment from the social media companies to the mission of the Center; and
effectiveness of the Center in detecting and facilitating the removal or neutralization of clandestine foreign information warfare operations from social media platforms; and
includes such recommendations for legislative or administrative action as the Center considers appropriate to carry out the functions of the Center.
The Director of the Center shall—
once each quarter, make available to the public a report on key trends in foreign influence and disinformation operations, including any threats to campaigns and elections, to inform the public of the United States; and
as the Director considers necessary, provide more timely assessments relating to ongoing disinformation campaigns.
Not later than 90 days before the date of each regularly scheduled general election for Federal office, the Director of the Center shall submit to the appropriate congressional committees a report on foreign malign influence campaigns on and across social media platforms targeting such election.
Each report under subparagraph (A) shall include an analysis of the following:
The patterns, tools, and techniques of foreign malign influence campaigns across all platforms on social media by a covered foreign country targeting a regularly scheduled general election for Federal office.
Inauthentic accounts and “bot” networks across platforms, including the scale to which such accounts or networks exist, how platforms currently act to remove such accounts or networks, and what percentage of such accounts or networks have been removed during the period covered by the report.
The estimated reach and impact of intentional or weaponized disinformation by inauthentic accounts and “bot” networks, including an analysis of amplification by users and algorithmic distribution.
The trends of types of media that are being used for dissemination through foreign malign influence campaigns, including machine-manipulated media, and the intended targeted groups.
Not later than August 1, 2021 , the Director of the Center shall submit to the appropriate congressional committees a report under subparagraph (A) addressing the regularly scheduled general election for Federal office occurring during 2020.
Each report under this paragraph shall be submitted in an unclassified form, but may include a classified annex.
Not later than 30 days after the date on which the Director submits to the appropriate congressional committees a report under paragraph (1), the Director of National Intelligence, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Federal Bureau of Investigation, shall provide to such committees a briefing assessing threats from foreign malign influence campaigns on social media from covered countries to the regularly scheduled general election for Federal office covered by the report.
Each briefing under subparagraph (A) shall include the following:
The patterns, tools, and techniques of foreign malign influence campaigns across all platforms on social media by a covered foreign country targeting a regularly scheduled general election for Federal office.
An assessment of the findings from the report for which the briefing is provided.
The activities and methods used to mitigate the threats associated with such findings by the Department of Defense, the Department of Homeland Security, or other relevant departments or agencies of the Federal Government.
The steps taken by departments or agencies of the Federal Government to cooperate with social media companies to mitigate the threats identified.
Of the amounts appropriated or otherwise made available to the National Intelligence Program (as defined in section 3003 of this title ) in fiscal year 2021 and 2022, the Director of National Intelligence may use up to $30,000,000 to carry out this section.
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Armed Services, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and
the Committee on Armed Services, the Committee on Appropriations, the Committee on Homeland Security and Government Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.
The terms “covered foreign country” and “foreign malign influence” have the meanings given those terms in section 3059 of this title .
The term “machine-manipulated media” has the meaning given that term in section 5724. 1 1 See References in Text note below.
For definition of “intelligence community”, referred to subsec. (b)(2), see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
Not later than 180 days after December 20, 2019, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees a report on—
the potential national security impacts of machine-manipulated media (commonly known as “deepfakes”); and
the actual or potential use of machine-manipulated media by foreign governments to spread disinformation or engage in other malign activities.
The report under subsection (a) shall include the following:
An assessment of the technical capabilities of foreign governments, including foreign intelligence services, foreign government-affiliated entities, and foreign individuals, with respect to machine-manipulated media, machine-generated text, generative adversarial networks, and related machine-learning technologies, including—
an assessment of the technical capabilities of the People’s Republic of China and the Russian Federation with respect to the production and detection of machine-manipulated media; and
an annex describing those governmental elements within China and Russia known to have supported or facilitated machine-manipulated media research, development, or dissemination, as well as any civil-military fusion, private-sector, academic, or nongovernmental entities which have meaningfully participated in such activities.
An updated assessment of how foreign governments, including foreign intelligence services, foreign government-affiliated entities, and foreign individuals, could use or are using machine-manipulated media and machine-generated text to harm the national security interests of the United States, including an assessment of the historic, current, or potential future efforts of China and Russia to use machine-manipulated media, including with respect to—
the overseas or domestic dissemination of misinformation;
the attempted discrediting of political opponents or disfavored populations; and
intelligence or influence operations directed against the United States, allies or partners of the United States, or other jurisdictions believed to be subject to Chinese or Russian interference.
An updated identification of the countertechnologies that have been or could be developed and deployed by the United States Government, or by the private sector with Government support, to deter, detect, and attribute the use of machine-manipulated media and machine-generated text by foreign governments, foreign-government affiliates, or foreign individuals, along with an analysis of the benefits, limitations and drawbacks of such identified counter-technologies, including any emerging concerns related to privacy.
An identification of the offices within the elements of the intelligence community that have, or should have, lead responsibility for monitoring the development of, use of, and response to machine-manipulated media and machine-generated text, including—
a description of the coordination of such efforts across the intelligence community;
a detailed description of the existing capabilities, tools, and relevant expertise of such elements to determine whether a piece of media has been machine manipulated or machine generated, including the speed at which such determination can be made, the confidence level of the element in the ability to make such a determination accurately, and how increasing volume and improved quality of machine-manipulated media or machine-generated text may negatively impact such capabilities; and
a detailed description of planned or ongoing research and development efforts intended to improve the ability of the intelligence community to detect machine-manipulated media and machine-generated text.
A description of any research and development activities carried out or under consideration to be carried out by the intelligence community, including the Intelligence Advanced Research Projects Activity, relevant to machine-manipulated media and machine-generated text detection technologies.
Updated recommendations regarding whether the intelligence community requires additional legal authorities, financial resources, or specialized personnel to address the national security threat posed by machine-manipulated media and machine-generated text.
Other additional information the Director determines appropriate.
The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
The Director of National Intelligence, in cooperation with the heads of any other relevant departments or agencies of the Federal Government, shall notify the congressional intelligence committees each time the Director of National Intelligence determines—
there is credible information or intelligence that a foreign entity has attempted, is attempting, or will attempt to deploy machine-manipulated media or machine-generated text aimed at the elections or domestic political processes of the United States; and
that such intrusion or campaign can be attributed to a foreign government, a foreign government-affiliated entity, or a foreign individual.
The term “machine-generated text” means text generated using machine-learning techniques in order to resemble writing in natural language.
The term “machine-manipulated media” has the meaning given that term in section 5724. 1 1 See References in Text note below.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section:
The term “covered institution of higher education” means an institution described in section 1002 of title 20 that receives Federal funds in any amount and for any purpose.
The term “sensitive research subject” means a subject of research that is carried out at a covered institution of higher education that receives funds that were appropriated for—
the National Intelligence Program; or
any Federal agency the Director of National Intelligence deems appropriate.
Not later than 180 days after December 20, 2019 , and not less frequently than once each year thereafter, the Director of National Intelligence, in consultation with such elements of the intelligence community as the Director considers appropriate and consistent with the privacy protections afforded to United States persons, shall provide to congressional intelligence committees a briefing on risks to sensitive research subjects posed by foreign entities in order to provide Congress and covered institutions of higher education with more complete information on these risks and to help ensure academic freedom.
The briefing required by subsection (b) shall include the following:
A list of sensitive research subjects that could affect national security.
A list of foreign entities, including governments, corporations, nonprofit organizations and for-profit organizations, and any subsidiary or affiliate of such an entity, that the Director determines pose a counterintelligence, espionage (including economic espionage), or other national security threat with respect to sensitive research subjects.
A list of any known or suspected attempts by foreign entities to exert pressure on covered institutions of higher education, including attempts to limit freedom of speech, propagate misinformation or disinformation, or to influence professors, researchers, or students.
Recommendations for collaboration between covered institutions of higher education and the intelligence community to mitigate threats to sensitive research subjects associated with foreign influence in academia, including any necessary legislative or administrative action.
Not later than 30 days after the date on which the Director identifies a change to either list described in paragraph (1) or (2) of subsection (c), the Director shall notify the congressional intelligence committees of the change.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
The term “congressional leadership” includes the following:
The majority leader of the Senate.
The minority leader of the Senate.
The Speaker of the House of Representatives.
The minority leader of the House of Representatives.
The Director of National Intelligence, in cooperation with the Director of the Federal Bureau of Investigation and the head of any other relevant agency, shall notify the congressional leadership and the chairman and vice chairman or ranking member of each of the appropriate congressional committees, and of other relevant committees of jurisdiction, each time the Director of National Intelligence determines there is credible information that a foreign power has, is, or will attempt to employ a covert influence or active measures campaign with regard to the modernization, employment, doctrine, or force posture of the nuclear deterrent or missile defense.
Each notification required by subsection (b) shall include information concerning actions taken by the United States to expose or halt an attempt referred to in subsection (b).
For definition of “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section:
The term “active measures by Russia, China, Iran, North Korea, or other nation state to exert covert influence” means activities intended to influence a person or government that are carried out in coordination with, or at the behest of, political leaders or the security services of the Russian Federation, the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or other nation state and the role of the Russian Federation, the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or other nation state has been hidden or not acknowledged publicly, including the following:
Establishment or funding of a front group.
Covert broadcasting.
Media manipulation.
Disinformation and forgeries.
Funding agents of influence.
Incitement and offensive counterintelligence.
Assassinations.
Terrorist acts.
The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
There is established within the executive branch an interagency committee to counter active measures by the Russian Federation, the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or other nation state to exert covert influence.
Each head of an agency or department of the Government set out under subparagraph (B) shall appoint one member of the committee established by subsection (b) from among officials of such agency or department who occupy a position that is required to be appointed by the President, with the advice and consent of the Senate.
The head of an agency or department of the Government set out under this subparagraph are the following:
The Director of National Intelligence.
The Secretary of State.
The Secretary of Defense.
The Secretary of the Treasury.
The Attorney General.
The Secretary of Energy.
The Director of the Federal Bureau of Investigation.
The head of any other agency or department of the United States Government designated by the President for purposes of this section.
The committee shall meet on a regular basis.
The duties of the committee established by subsection (b) shall be as follows:
To counter active measures by Russia, China, Iran, North Korea, or other nation state to exert covert influence, including by exposing falsehoods, agents of influence, corruption, human rights abuses, terrorism, and assassinations carried out by the security services or political elites of the Russian Federation, the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or other nation state or their proxies.
Such other duties as the President may designate for purposes of this section.
The committee established by subsection (b) may employ such staff as the members of such committee consider appropriate.
A request for funds required for the functioning of the committee established by subsection (b) may be included in each budget for a fiscal year submitted by the President pursuant to section 1105(a) of title 31 .
For definition of “congressional intelligence committees” as used in this section, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
In this section, the term “appropriate congressional committees” means the following:
The congressional intelligence committees.
The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.
The Committee on Armed Services, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
The Director of National Intelligence shall establish a Supply Chain and Counterintelligence Risk Management Task Force to standardize information sharing between the intelligence community and the acquisition community of the United States Government with respect to the supply chain and counterintelligence risks.
The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall be composed of—
a representative of the Defense Security Service of the Department of Defense;
a representative of the General Services Administration;
a representative of the Office of Federal Procurement Policy of the Office of Management and Budget;
a representative of the Department of Homeland Security;
a representative of the Federal Bureau of Investigation;
the Director of the National Counterintelligence and Security Center; and
any other members the Director of National Intelligence determines appropriate.
Each member of the Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall have a security clearance at the top secret level and be able to access sensitive compartmented information.
The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall submit to the appropriate congressional committees an annual report that describes the activities of the Task Force during the previous year, including identification of the supply chain, cybersecurity, and counterintelligence risks shared with the acquisition community of the United States Government by the intelligence community.
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.
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
[Repealed]
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
The term “foreign commercial threat” means a rare commercial item or service that is produced by, offered by, sold by, licensed by, or otherwise distributed under the control of a strategic competitor or foreign adversary in a manner that may provide the strategic competitor or foreign adversary leverage over an intended recipient.
In determining whether an item or service is a foreign commercial threat, the Working Group shall consider whether the strategic competitor or foreign adversary could—
withhold, or threaten to withhold, the rare commercial item or service;
create reliance on the rare commercial item or service as essential to the safety, health, or economic wellbeing of the intended recipient; or
have its rare commercial item or service easily replaced by a United States entity or an entity of an ally or partner of the United States.
The term “rare commercial item or service” means a good, service, or intellectual property that is not widely available for distribution.
Unless the Director of National Intelligence and the Secretary of Commerce make the joint determination specified in subsection (c), the Director and the Secretary, in consultation with the Secretary of State, shall jointly establish a working group to counter foreign commercial threats (in this section referred to as the “Working Group”).
The composition of the Working Group may include any officer or employee of a department or agency of the United States Government determined appropriate by the Director or the Secretary.
The duties of the Working Group shall be the following:
To identify current foreign commercial threats.
To identify probable future foreign commercial threats.
To identify goods, services, or intellectual property that, if produced by entities within the United States, or allies or partners of the United States, would mitigate foreign commercial threats.
Not later than 30 days after December 23, 2022 , and on a regular basis that is not less frequently than quarterly thereafter until the date of termination under paragraph (5), the Working Group shall meet.
Beginning on the date that is 2 years after the date of the establishment under paragraph (1), the Working Group may be terminated upon the Director of National Intelligence and the Secretary of Commerce jointly—
determining that termination of the Working Group is appropriate; and
submitting to the appropriate congressional committees a notification of such determination (including a description of the justification for such determination).
Not later than 60 days after December 23, 2022 , and biannually thereafter until the date of termination under paragraph (5), the Working Group shall submit to the appropriate congressional committees a report on the activities of the Working Group.
Each report under subparagraph (A) shall include a description of the following:
Any current or future foreign commercial threats identified by the Working Group.
The strategy of the United States Government, if any, to mitigate any current foreign commercial threats or future foreign commercial threats so identified.
The plan of the intelligence community to provide to the Department of Commerce and other nontraditional customers of the intelligence community support in addressing foreign commercial threats.
Any other significant activity of the Working Group.
If the Director of National Intelligence and the Secretary of Commerce make a joint determination that the requirements of the Working Group under subsection (b) (including the duties under paragraph (3) and the reporting requirement under paragraph (6) of such subsection) may be appropriately filled by an existing entity or structure, and submit to the congressional intelligence committees a notification of such determination (including a description of the justification for such determination), the Director and Secretary may task such entity or structure with such requirements in lieu of establishing the Working Group.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.
As provided in subparagraph (B), with respect to an election for Federal office, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Director of the Federal Bureau of Investigation, shall make publicly available on an internet website an advisory report on foreign counterintelligence and cybersecurity threats to campaigns of candidates for Federal office. Each such report, consistent with the protection of sources and methods, shall include the following:
A description of foreign counterintelligence and cybersecurity threats to campaigns of candidates for Federal office.
A summary of best practices that campaigns of candidates for Federal office can employ in seeking to counter such threats.
An identification of publicly available resources, including United States Government resources, for countering such threats.
Except as provided by clause (ii), with respect to an election for Federal office, a report under this subsection shall be first made available not later than the date that is 1 year before the date of such election, and may be subsequently revised as the Director of National Intelligence determines appropriate.
With respect to an election for Federal office that occurs during 2020, the report under this subsection shall be first made available not later than the date that is 60 days after December 20, 2020 , and may be subsequently revised as the Director of National Intelligence determines appropriate.
A report under this subsection shall reflect the most current information available to the Director of National Intelligence regarding foreign counterintelligence and cybersecurity threats.
If the Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis jointly determine that a campaign of a candidate for Federal office is subject to a heightened foreign counterintelligence or cybersecurity threat, the Director and the Under Secretary, consistent with the protection of sources and methods, may make available additional information to the appropriate representatives of such campaign.
Not later than 45 days after the end of a Federal election cycle, the Director of National Intelligence, in consultation with the heads of such other executive departments and agencies as the Director considers appropriate, shall—
conduct an assessment of any information indicating that a foreign government, or any person acting as an agent of or on behalf of a foreign government, has acted with the intent or purpose of interfering in elections for Federal office occurring during the Federal election cycle; and
transmit the findings of the Director with respect to the assessment conducted under subparagraph (A), along with such supporting information as the Director considers appropriate, to the following:
The President.
The Secretary of State.
The Secretary of the Treasury.
The Secretary of Defense.
The Attorney General.
The Secretary of Homeland Security.
Congress.
An assessment conducted under paragraph (1)(A), with respect to an act described in such paragraph, shall identify, to the maximum extent ascertainable, the following:
The nature of any foreign interference and any methods employed to execute the act.
The persons involved.
The foreign government or governments that authorized, directed, sponsored, or supported the act.
The Director shall, not later than 60 days after the end of a Federal election cycle, make available to the public, to the greatest extent possible consistent with the protection of sources and methods, the findings transmitted under paragraph (1)(B).
In this section, the term “Federal election cycle” means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date.
This subsection shall apply with respect to the Federal election cycle that began during November 2018, and each succeeding Federal election cycle.
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Homeland Security of the House of Representatives.
The term “congressional leadership” includes the following:
The majority leader of the Senate.
The minority leader of the Senate.
The Speaker of the House of Representatives.
The minority leader of the House of Representatives.
The term “security vulnerability” has the meaning given such term in section 650 of title 6 .
The Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the heads of other relevant elements of the intelligence community, shall—
commence not later than 1 year before any regularly scheduled Federal election occurring after December 31, 2018, and complete not later than 180 days before such election, an assessment of security vulnerabilities of State election systems; and
not later than 180 days before any regularly scheduled Federal election occurring after December 31, 2018, submit a report on such security vulnerabilities and an assessment of foreign intelligence threats to the election to—
congressional leadership; and
the appropriate congressional committees.
Not later than 90 days before any regularly scheduled Federal election occurring after December 31, 2018, the Director of National Intelligence shall—
update the assessment of foreign intelligence threats to that election; and
submit the updated assessment to—
congressional leadership; and
the appropriate congressional committees.
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
In this section, the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
Not later than 30 days after December 20, 2019 , the Director of National Intelligence shall support the Under Secretary of Homeland Security for Intelligence and Analysis, and any other official of the Department of Homeland Security designated by the Secretary of Homeland Security, in sponsoring a security clearance up to the top secret level for each eligible chief election official of a State or the District of Columbia, and additional eligible designees of such election official as appropriate, at the time that such election official assumes such position.
Consistent with applicable policies and directives, the Director of National Intelligence may issue interim clearances, for a period to be determined by the Director, to a chief election official as described in paragraph (1) and up to one designee of such official under such paragraph.
The Director of National Intelligence shall assist the Under Secretary of Homeland Security for Intelligence and Analysis and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 113(a)(1)(H) of title 6 ) with sharing any appropriate classified information related to threats to election systems and to the integrity of the election process with chief election officials and such designees who have received a security clearance under subsection (b).
The Under Secretary of Homeland Security for Intelligence and Analysis shall coordinate with the Director of National Intelligence and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 113(a)(1)(H) of title 6 ) to facilitate the sharing of information to the affected Secretaries of State or States.
In this section:
The term “active measures campaign” means a foreign semi-covert or covert intelligence operation.
The terms “candidate”, “election”, and “political party” have the meanings given those terms in section 30101 of title 52 .
The term “congressional leadership” includes the following:
The majority leader of the Senate.
The minority leader of the Senate.
The Speaker of the House of Representatives.
The minority leader of the House of Representatives.
The term “cyber intrusion” means an electronic occurrence that actually or imminently jeopardizes, without lawful authority, electronic election infrastructure, or the integrity, confidentiality, or availability of information within such infrastructure.
The term “electronic election infrastructure” means an electronic information system of any of the following that is related to an election for Federal office:
The Federal Government.
A State or local government.
A political party.
The election campaign of a candidate.
The term “Federal office” has the meaning given that term in section 30101 of title 52 .
The term “high confidence”, with respect to a determination, means that the determination is based on high-quality information from multiple sources.
The term “moderate confidence”, with respect to a determination, means that a determination is credibly sourced and plausible but not of sufficient quality or corroborated sufficiently to warrant a higher level of confidence.
The term “other appropriate congressional committees” means—
the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly carry out subsection (c) if such Directors and the Secretary jointly determine—
that on or after December 20, 2019, a significant foreign cyber intrusion or active measures campaign intended to influence an upcoming election for any Federal office has occurred or is occurring; and
with moderate or high confidence, that such intrusion or campaign can be attributed to a foreign state or to a foreign nonstate person, group, or other entity.
Not later than 14 days after making a determination under subsection (b), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly provide a briefing to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the other appropriate congressional committees. The briefing shall be classified and address, at a minimum, the following:
A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination.
An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed.
The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign.
Any other information such Directors and the Secretary jointly determine appropriate.
With respect to a significant foreign cyber intrusion covered by a determination under subsection (b), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall offer to the owner or operator of any electronic election infrastructure directly affected by such intrusion, a briefing on such intrusion, including steps that may be taken to mitigate such intrusion. Such briefing may be classified and made available only to individuals with appropriate security clearances.
This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.
For definition of “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
The Director of National Intelligence shall designate a national counterintelligence officer within the National Counterintelligence and Security Center to lead, manage, and coordinate counterintelligence matters relating to election security.
The person designated under subsection (a) shall also lead, manage, and coordinate counterintelligence matters relating to risks posed by interference from foreign powers (as defined in section 1801 of this title) to the following:
The Federal Government election security supply chain.
Election voting systems and software.
Voter registration databases.
Critical infrastructure related to elections.
Such other Government goods and services as the Director of National Intelligence considers appropriate.
Not later than 1 year after December 27, 2020, the Director of National Intelligence (referred to in this section as the “Director”), in consultation with the Secretary of the Interior, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, the Secretary of Defense, and the United States Trade Representative, shall submit to the appropriate congressional committees a report on investments in minerals under the Belt and Road Initiative of the People’s Republic of China that includes an assessment of—
notable past mineral investments;
whether and how such investments have increased the extent of control of minerals by the People’s Republic of China;
any efforts by the People’s Republic of China to counter or interfere with the goals of the Energy Resource Governance Initiative of the Department of State; and
the strategy of the People’s Republic of China with respect to mineral investments.
In conjunction with each report required by subsection (a), the Director shall submit to the appropriate congressional committees a list of any minerals with respect to which—
the People’s Republic of China, directly or through the Belt and Road Initiative—
is increasing its concentration of extraction and processing;
is acquiring significant mining and processing facilities;
is maintaining or increasing export restrictions; or
has achieved substantial control of the supply of minerals used within an industry or related minerals;
there is a significant difference between domestic prices in the People’s Republic of China as compared to prices on international markets; or
there is a significant increase or volatility in price as a result of the Belt and Road Initiative of the People’s Republic of China.
For any mineral included on the list required by subsection (b) that is not already designated as critical by the Secretary of the Interior pursuant to section 1606(c) of title 30, the Director shall—
determine, in consultation with the Secretary of the Interior, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, the Secretary of Defense, and the United States Trade Representative, whether the mineral is strategic and critical to the defense or national security of the United States; and
make a recommendation to the Secretary of the Interior regarding the designation of the mineral under section 1606(c) of title 30.
The Director shall update the report required by subsection (a) and list required by subsection (b) not less frequently than annually.
Each report or list required by this section shall be submitted in unclassified form but may include a classified annex.
In this section, the term “appropriate congressional committees” means—
the Committee on Energy and Natural Resources, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
Not later than 120 days after December 23, 2022 , the Secretary of Defense, in coordination with the Director of National Intelligence, shall establish an office within a component of the Office of the Secretary of Defense, or within a joint organization of the Department of Defense and the Office of the Director of National Intelligence, to carry out the duties of the Unidentified Aerial Phenomena Task Force, as in effect on December 26, 2021 , and such other duties as are required by this section, including those pertaining to unidentified anomalous phenomena.
The office established under paragraph (1) shall be known as the “All-domain Anomaly Resolution Office” (in this section referred to as the “Office”).
The head of the Office shall be the Director of the All-domain Anomaly Resolution Office (in this section referred to as the “Director of the Office”), who shall be appointed by the Secretary of Defense in consultation with the Director of National Intelligence.
The Deputy Director of the Office shall be appointed by the Director of National Intelligence in coordination with the Secretary of Defense.
The Director of the Office shall report directly to the Deputy Secretary of Defense and the Principal Deputy Director of National Intelligence.
The Director of the Office shall report—
to the Under Secretary of Defense for Intelligence and Security on all administrative matters of the Office; and
to the Deputy Secretary of Defense and the Principal Deputy Director of National Intelligence on all operational and security matters of the Office.
The duties of the Office shall include the following:
Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, regarding unidentified anomalous phenomena across the Department of Defense and the intelligence community, in coordination with the Director of National Intelligence, which shall be provided to the congressional defense committees, the congressional intelligence committees, and congressional leadership.
Developing processes and procedures to ensure that such incidents from each component of the Department and each element of the intelligence community are reported and stored in an appropriate manner that allows for the integration of analysis of such information.
Establishing procedures to require the timely and consistent reporting of such incidents.
Evaluating links between unidentified anomalous phenomena and adversarial foreign governments, other foreign governments, or nonstate actors.
Evaluating the threat that such incidents present to the United States.
Coordinating with other departments and agencies of the Federal Government, as appropriate, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Homeland Security, the National Oceanic and Atmospheric Administration, the National Science Foundation, and the Department of Energy.
As appropriate, and in coordination with the Secretary of State, the Secretary of Defense, and the Director of National Intelligence, consulting with allies and partners of the United States to better assess the nature and extent of unidentified anomalous phenomena.
Preparing reports for Congress, in both classified and unclassified form, including under subsection (j).
The Secretary of Defense and the Director of National Intelligence shall jointly designate from within their respective organizations an official, to be under the direction of the Director of the Office, responsible for ensuring the appropriate expertise, authorities, accesses, data, systems, platforms, and capabilities are available for the rapid response to, and support for, the conduct of field investigations of incidents involving unidentified anomalous phenomena.
The Secretary of Defense and the Director of National Intelligence shall ensure field investigations are supported by personnel with the requisite expertise, equipment, transportation, and other resources necessary to respond rapidly to incidents or patterns of observations involving unidentified anomalous phenomena.
The Secretary of Defense, in coordination with the Director of National Intelligence, shall designate one or more line organizations that will be primarily responsible for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection (d) and data from other sources, including with respect to the testing of materials, medical studies, and development of theoretical models, to better understand and explain unidentified anomalous phenomena.
The Secretary of Defense and the Director of National Intelligence shall each issue such directives as are necessary to ensure that each line organization designated under paragraph (1) has authority to draw on the special expertise of persons outside the Federal Government with appropriate security clearances.
The Director of National Intelligence and the Secretary of Defense shall jointly require that each element of the intelligence community and component of the Department of Defense with data relating to unidentified anomalous phenomena makes such data available immediately to the Office in a manner that protects intelligence sources and methods.
The Director of National Intelligence and the Secretary of Defense shall each, in coordination with one another, ensure that military and civilian personnel of the Department of Defense or an element of the intelligence community, and contractor personnel of the Department or such an element, have access to procedures by which the personnel shall report incidents or information, including adverse physiological effects, involving or associated with unidentified anomalous phenomena directly to the Office.
The Director of the Office, acting in coordination with the Secretary of Defense and the Director of National Intelligence, shall supervise the development and execution of an intelligence collection and analysis plan to gain as much knowledge as possible regarding the technical and operational characteristics, origins, and intentions of unidentified anomalous phenomena, including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize unidentified anomalous phenomena.
In developing the plan under paragraph (2), the Director of the Office shall consider and propose, as appropriate, the use of any resource, capability, asset, or process of the Department and the intelligence community.
The Director of the Office, on behalf of the Secretary of Defense and the Director of National Intelligence, shall supervise the development and execution of a science plan to develop and test, as practicable, scientific theories to—
account for characteristics and performance of unidentified anomalous phenomena that exceed the known state of the art in science or technology, including in the areas of propulsion, aerodynamic control, signatures, structures, materials, sensors, countermeasures, weapons, electronics, and power generation; and
provide the foundation for potential future investments to replicate or otherwise better understand any such advanced characteristics and performance.
The Director of National Intelligence, in consultation with and with the recommendation of the Secretary of Defense, shall assign an appropriate level of priority within the National Intelligence Priorities Framework to the requirement to understand, characterize, and respond to unidentified anomalous phenomena.
The heads of the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the Department of Energy, the National Geospatial-Intelligence Agency, the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard, the Department of Homeland Security, and such other elements of the intelligence community as the Director of the Office considers appropriate may provide to the Office a detailee of the element to be physically located at the Office.
Not later than 540 days after December 23, 2022, the Director of the Office shall submit to the congressional defense committees, the congressional intelligence committees, and congressional leadership a written report detailing the historical record of the United States Government relating to unidentified anomalous phenomena, including—
the records and documents of the intelligence community;
oral history interviews;
open source analysis;
interviews of current and former Government officials;
classified and unclassified national archives including any records any third party obtained pursuant to section 552 of title 5; and
such other relevant historical sources as the Director of the Office considers appropriate.
The report submitted under subparagraph (A) shall—
focus on the period beginning on January 1, 1945, and ending on the date on which the Director of the Office completes activities under this subsection; and
include a compilation and itemization of the key historical record of the involvement of the intelligence community with unidentified anomalous phenomena, including—
any program or activity that was protected by restricted access that has not been explicitly and clearly reported to Congress;
successful or unsuccessful efforts to identify and track unidentified anomalous phenomena; and
any efforts to obfuscate, manipulate public opinion, hide, or otherwise provide incorrect unclassified or classified information about unidentified anomalous phenomena or related activities.
The Archivist of the United States shall make available to the Office such information maintained by the National Archives and Records Administration, including classified information, as the Director of the Office considers necessary to carry out paragraph (1).
Not later than 180 days after December 23, 2022 , and annually thereafter for four years, the Director of the Office shall submit to the appropriate congressional committees a report on unidentified anomalous phenomena.
Each report submitted under subparagraph (A) shall include, with respect to the year covered by the report, the following information:
All reported unidentified anomalous phenomena-related events that occurred during the one-year period.
All reported unidentified anomalous phenomena-related events that occurred during a period other than that one-year period but were not included in an earlier report.
An analysis of data and intelligence received through each reported unidentified anomalous phenomena-related event.
An analysis of data relating to unidentified anomalous phenomena collected through—
geospatial intelligence;
signals intelligence;
human intelligence; and
measurement and signature intelligence.
The number of reported incidents of unidentified anomalous phenomena over restricted airspace of the United States during the one-year period.
An analysis of such incidents identified under clause (v).
Identification of potential aerospace or other threats posed by unidentified anomalous phenomena to the national security of the United States.
An assessment of any activity regarding unidentified anomalous phenomena that can be attributed to one or more adversarial foreign governments.
Identification of any incidents or patterns regarding unidentified anomalous phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability.
An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified anomalous phenomena.
An update on any efforts underway on the ability to capture or exploit discovered unidentified anomalous phenomena.
An assessment of any health-related effects for individuals that have encountered unidentified anomalous phenomena.
The number of reported incidents, and descriptions thereof, of unidentified anomalous phenomena associated with military nuclear assets, including strategic nuclear weapons and nuclear-powered ships and submarines.
In consultation with the Administrator for Nuclear Security, the number of reported incidents, and descriptions thereof, of unidentified anomalous phenomena associated with facilities or assets associated with the production, transportation, or storage of nuclear weapons or components thereof.
In consultation with the Chairman of the Nuclear Regulatory Commission, the number of reported incidents, and descriptions thereof, of unidentified anomalous phenomena or drones of unknown origin associated with nuclear power generating stations, nuclear fuel storage sites, or other sites or facilities regulated by the Nuclear Regulatory Commission.
The names of the line organizations that have been designated to perform the specific functions under subsections (d) and (e), and the specific functions for which each such line organization has been assigned primary responsibility.
A summary of the reports received using the mechanism for authorized reporting established under section 3373b of this title.
Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Not later than December 31, 2022 , and not less frequently than semiannually thereafter until December 31, 2026 , the Director of the Office shall provide to the appropriate congressional committees classified briefings on unidentified anomalous phenomena.
The first briefing provided under paragraph (1) shall include all incidents involving unidentified anomalous phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the Office established under subsection (a) after June 24, 2021 , regardless of the date of occurrence of the incident.
Each briefing provided subsequent to the first briefing described in paragraph (2) shall include, at a minimum, all events relating to unidentified anomalous phenomena that occurred during the previous 180 days, and events relating to unidentified anomalous phenomena that were not included in an earlier briefing.
For each briefing period, the Director of the Office shall jointly provide to the chairman or chair and the ranking member or vice chairman of the congressional committees specified in subparagraphs (A) and (D) of subsection (n)(1) an enumeration of any instances in which data relating to unidentified anomalous phenomena was not provided to the Office because of classification restrictions on that data or for any other reason.
Each briefing under this subsection shall include, for the period covered by the briefing, details on any unidentified anomalous phenomena intercepts conducted by the North American Aerospace Defense Command or the United States Northern Command.
In providing a briefing under this subsection, the Director of the Office shall make available a summary of all instances of intercepts described in subparagraph (A), including—
the number, location, and nature of such intercepts; and
a description of the procedures and protocols followed during the intercepts, including any data collected or analyzed during such intercepts.
The Director of the Office shall inform the appropriate congressional committees of any failure by the North American Aerospace Defense Command or the United States Northern Command to provide timely information on unidentified anomalous phenomena intercepts.
Not later than the date on which the Secretary of Defense establishes the Office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomena Task Force.
In this section:
The term “appropriate congressional committees” means the following:
The Committees on Armed Services of the Senate and the House of Representatives.
The Committees on Appropriations of the Senate and the House of Representatives.
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
The term “congressional defense committees” has the meaning given such term in section 101(a) of title 10 .
The term “congressional intelligence committees” has the meaning given such term in section 3003 of this title .
The term “congressional leadership” means—
the majority leader of the Senate;
the minority leader of the Senate;
the Speaker of the House of Representatives; and
the minority leader of the House of Representatives.
The term “intelligence community” has the meaning given such term in section 3003 of this title .
The term “line organization” means, with respect to a department or agency of the Federal Government, an organization that executes programs and activities to directly advance the core functions and missions of the department or agency to which the organization is subordinate, but, with respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense.
The term “transmedium objects or devices” means objects or devices that are—
observed to transition between space and the atmosphere, or between the atmosphere and bodies of water; and
not immediately identifiable.
The term “unidentified anomalous phenomena” means—
airborne objects that are not immediately identifiable;
transmedium objects or devices; and
submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices may be related to the objects described in subparagraph (A).
Pub. L. 119–60, div. A, title XVI, § 1671(b), Dec. 18, 2025, 139 Stat. 1202, provided that:
“Notwithstanding paragraph (5) of such section [ 50 U.S.C. 3373 ( l )], as added by subsection (a), for the first briefing provided under such section after the date of the enactment of this Act [ Dec. 18, 2025 ], the briefing shall include details on any unidentified anomalous phenomena intercepts conducted by the North American Aerospace Defense Command or the United States Northern Command not previously provided that occurred during the period beginning on January 1, 2004 , and ending on the last day of the period otherwise covered by the briefing.”
Pub. L. 119–60, div. A, title XVI, § 1673(a), Dec. 18, 2025, 139 Stat. 1202, provided that:
“Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Director of the All-Domain Anomaly Resolution Office— “(1) shall make an accounting of security classification guides that apply to information used for reports and investigations of unidentified anomalous phenomena; and “(2) may issue a consolidated security classification matrix for programs relating to unidentified anomalous phenomena to provide a resource for programs that support or may be affected by investigations relating to unidentified anomalous phenomena.”
Pub. L. 118–159, div. A, title X, § 1089, Dec. 23, 2024, 138 Stat. 2081, provided that:
“(a) Liaison Required .— The Director of the All-Domain Anomaly Resolution Office of the Department of Defense shall designate one or more employees of the Office to act as a liaison with the Counter Unmanned Aerial Systems Task Force established under section 925 [of Pub. L. 118—159, 10 U.S.C. 130i note] to improve coordination of efforts and support enabling capabilities of mutual benefit. “(b) Responsibilities .— An individual designated as a liaison under subsection (a) shall have the following responsibilities: “(1) Conducting information sharing between the Office and the Task Force on identified or suspected Unmanned Aerial Systems events, including incident reporting, incident responses, and data on technical characterization of the known or suspected threats. “(2) Coordinating the development of technical capabilities for sensing and response to threats. “(3) Developing coordinated tactics, techniques, and procedures for incident response.”
Pub. L. 118–31, div. A, title XVI, § 1687(b), (c), Dec. 22, 2023, 137 Stat. 621, provided that:
“(b) Limitation Regarding Independent Research and Development .— Consistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014 , incorporating change 2, dated July 9, 2020 ; relating to Department policy for oversight of independent research and development), independent research and development funding relating to unidentified anomalous phenomena shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available the appropriate congressional committees and congressional leadership. “(c) Definitions .— In this section: “(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]; and “(B) 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— “(A) the majority leader of the Senate; “(B) the minority leader of the Senate; “(C) the Speaker of the House of Representatives; and “(D) the minority leader of the House of Representatives. “(3) The term ‘unidentified anomalous phenomena’ has the meaning given such term in section 1683(n) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(n) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ([div. F of] Public Law 117–263 ).”
Pub. L. 117–263, div. F, title LXVIII, § 6803, Dec. 23, 2022, 136 Stat. 3594, as amended by Pub. L. 118–159, div. F, title LXVIII, § 6802, Dec. 23, 2024, 138 Stat. 2516, provided that:
“(a) Definitions .— In this section, the terms ‘congressional leadership’ and ‘Office’ have the meanings given such terms in section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 ), as amended by section 6802. “(b) Audit.— “(1) In general .— Not later than 90 days after the date of the enactment of this Act [ Dec. 23, 2022 ], the Comptroller General of the United States shall identify appropriately cleared personnel of the Government Accountability Office to audit the historical record report process described in section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 ), as amended by section 6802, including personnel to conduct work on-site as appropriate. “(2) Provision of information .— On a quarterly basis until the date that is 90 days after the delivery of the final volume of the Historical Record Report, and as appropriate and consistent with Government Auditing Standards, the Comptroller General of the United States shall provide the Office with information on the findings of any audits conducted by the personnel identified under paragraph (1). “(c) Verbal Briefings .— Not later than 180 days after the date of the enactment of this Act, and semiannually thereafter until the date that is 180 days after the delivery of the final volume of the Historical Record Report, the Comptroller General of the United States shall verbally brief the congressional intelligence committees, the congressional defense committees, and congressional leadership on the progress of the Office with respect to the historical record report described in section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 ), as amended by section 6802, and compliance with legislative requirements. “(d) Rule of Construction .— Nothing in this section shall be construed to restrict access of a committee of Congress under section 719(f) of title 31 , United States Code, to an audit under subsection (b).”
[For definition of “congressional intelligence committees” as used in section 6803 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]
[Repealed]
The Secretary of Defense, acting through the head of the Office and in consultation with the Director of National Intelligence, shall establish a secure mechanism for authorized reporting of—
any event relating to unidentified anomalous phenomena; and
any activity or program by a department or agency of the Federal Government or a contractor of such a department or agency relating to unidentified anomalous phenomena, including with respect to material retrieval, material analysis, reverse engineering, research and development, detection and tracking, developmental or operational testing, and security protections and enforcement.
The Secretary shall ensure that the mechanism for authorized reporting established under paragraph (1) prevents the unauthorized public reporting or compromise of classified military and intelligence systems, programs, and related activity, including all categories and levels of special access and compartmented access programs.
The Secretary shall ensure that the mechanism for authorized reporting established under paragraph (1) is administered by designated and appropriately cleared employees of the Department of Defense or elements of the intelligence community or contractors of the Department or such elements assigned to the Office.
The Secretary shall ensure that the mechanism for authorized reporting established under paragraph (1) provides for the sharing of an authorized disclosure to personnel and supporting analysts and scientists of the Office (regardless of the classification of information contained in the disclosure or any nondisclosure agreements), unless the employees or contractors administering the mechanism under paragraph (3) conclude that the preponderance of information available regarding the disclosure indicates that the observed object and associated events and activities likely relate to a special access program or compartmented access program that, as of the date of the disclosure, has been explicitly and clearly reported to the congressional defense committees or the congressional intelligence committees, and is documented as meeting those criteria.
Not later than 72 hours after determining that an authorized disclosure relates to a restricted access activity, a special access program, or a compartmented access program that has not been explicitly and clearly reported to the congressional defense committees or the congressional intelligence committees, the Secretary shall report such disclosure to such committees and the congressional leadership.
Not later than 180 days after December 23, 2022, the Secretary, acting through the head of the Office and in consultation with the Director of National Intelligence, shall—
submit to the congressional defense committees, the congressional intelligence committees, and the congressional leadership a report detailing the mechanism for authorized reporting established under paragraph (1); and
issue clear public guidance for how to securely access the mechanism for authorized reporting.
An authorized disclosure—
shall not be subject to a nondisclosure agreement entered into by the individual who makes the disclosure;
shall be deemed to comply with any regulation or order issued under the authority of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information) or chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.); and
is not a violation of section 798 of title 18 or other provision of law relating to the disclosure of information.
An employee of a department or agency of the Federal Government, or of a contractor, subcontractor, grantee, subgrantee, or personal services contractor of such a department or agency, who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action, including the revocation or suspension of security clearances, or termination of employment, with respect to any individual as a reprisal for any authorized disclosure.
The Secretary of Defense, the Director of National Intelligence, the Secretary of Homeland Security, the heads of such other departments and agencies of the Federal Government that have supported investigations of the types of events covered by subparagraph (A) of subsection (a)(1) and activities and programs described in subparagraph (B) of such subsection, and contractors of the Federal Government that have supported or are supporting such activities and programs, shall conduct comprehensive searches of all records relating to nondisclosure orders relating to the types of events described in subsection (a) and provide copies of such orders, agreements, or obligations to the Office.
The head of the Office shall—
make the records compiled under subparagraph (A) accessible to the congressional defense committees, the congressional intelligence committees, and the congressional leadership; and
not later than September 30, 2023, and at least once each fiscal year thereafter through fiscal year 2026, provide to such committees and congressional leadership briefings and reports on such records.
In this section:
The term “authorized disclosure” means a report of any information through, and in compliance with, the mechanism for authorized reporting established pursuant to subsection (a)(1).
The term “congressional intelligence committees” has the meaning given such term in section 3003 of this title.
The term “congressional leadership” means—
the majority leader of the Senate;
the minority leader of the Senate;
the Speaker of the House of Representatives; and
the minority leader of the House of Representatives.
The term “intelligence community” has the meaning given such term in section 3003 of this title.
The term “nondisclosure agreement” means any written or oral nondisclosure agreement, order, or other instrumentality or means entered into by an individual that could be interpreted as a legal constraint on the individual making an authorized disclosure.
The term “Office” means the All-domain Anomaly Resolution Office established pursuant to section 3373(a) of this title.
The term “personnel action” has the meaning given such term in section 3234(a) of this title.
The term “unidentified anomalous phenomena” has the meaning given such term in section 3373(n) of this title.
For definition of “congressional defense committees” as the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 101 of Title 10, Armed Forces, as made applicable by section 3 of of Pub. L. 117–263, which is listed in a table under section 101 of Title 10.
It is the sense of Congress that Congress is gravely concerned about the ongoing threat of lethal plotting against United States persons from adversary nations, including those against numerous former senior United States officials, principally from the Government of the Islamic Republic of Iran. Information collected regarding plots against United States persons requires expeditious fulfilment of the duty to warn process of the intelligence community, including close consultation with the Federal Bureau of Investigation.
If an element of the intelligence community determines pursuant to procedures established in accordance with Intelligence Community Directive 191 (or any successor directive) that such element has a duty to warn a United States person inside the United States of an impending threat and, after consultation with the Federal Bureau of Investigation when required, notifies such person or facilitates notification of such person by another party, the head of such element shall also immediately provide notice of the warning to the Director of the Federal Bureau of Investigation and, if such person is under the protection of an element of the Federal Government, a person responsible for the protection of such United States person.
If notice is required under paragraph (1) to a person responsible for the protection of a United States person, such notice may be made in any appropriate and expeditious manner, including through the Director of the Federal Bureau of Investigation.
The Director of the Federal Bureau of Investigation shall establish a process for documenting and maintaining records of each notice of a warning provided to the Director in accordance with subsection (b).
Nothing in this section shall be construed to limit any duty to warn already in effect, including under Intelligence Community Directive 191 (relating to duty to warn) and any policies or procedures issued in accordance with such directive.
In this section, the term “United States person” has the meaning given the term in section 3039 of this title .
For definition of “intelligence community” as used in this section, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.
SUBCHAPTER V— MANAGEMENT OF COUNTERINTELLIGENCE ACTIVITIES
There is established within the executive branch of Government a National Counterintelligence Policy Board (in this section referred to as the “Board”). The Board shall report to the President through the National Security Council.
The Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3382 ) shall serve as the chairperson of the Board.
The membership of the National Counterintelligence Policy Board shall consist of the following:
The Director of the National Counterintelligence and Security Center.
Senior personnel of departments and elements of the United States Government, appointed by the head of the department or element concerned, as follows:
The Department of Justice, including the Federal Bureau of Investigation.
The Department of Defense, including the Joint Chiefs of Staff.
The Department of State.
The Department of Energy.
The Central Intelligence Agency.
Any other department, agency, or element of the United States Government specified by the President.
The Board shall—
serve as the principal mechanism for—
developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and
upon the direction of the President, resolving conflicts that arise between elements of the Government conducting such activities; and
act as an interagency working group to—
ensure the discussion and review of matters relating to the implementation of the Counterintelligence Enhancement Act of 2002; and
provide advice to the Director of the National Counterintelligence and Security Center on priorities in the implementation of the National Counterintelligence Strategy produced pursuant to section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2)).
The Board may, for purposes of carrying out its functions under this section, establish such interagency boards and working groups as the Board considers appropriate.
Except as provided in paragraph (5), the head of each department or agency within the executive branch shall ensure that—
the Federal Bureau of Investigation is advised immediately of any information, regardless of its origin, which indicates that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power;
following a report made pursuant to subparagraph (A), the Federal Bureau of Investigation is consulted with respect to all subsequent actions which may be undertaken by the department or agency concerned to determine the source of such loss or compromise; and
where, after appropriate consultation with the department or agency concerned, the Federal Bureau of Investigation undertakes investigative activities to determine the source of the loss or compromise, the Federal Bureau of Investigation is given complete and timely access to the employees and records of the department or agency concerned for purposes of such investigative activities.
Except as provided in paragraph (5), the Director of the Federal Bureau of Investigation shall ensure that espionage information obtained by the Federal Bureau of Investigation pertaining to the personnel, operations, or information of departments or agencies of the executive branch, is provided through appropriate channels in a timely manner to the department or agency concerned, and that such departments or agencies are consulted in a timely manner with respect to espionage investigations undertaken by the Federal Bureau of Investigation which involve the personnel, operations, or information of such department or agency.
The Director of the Federal Bureau of Investigation shall submit to the head of the department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation.
The head of the department or agency concerned shall—
use an assessment under subparagraph (A) as an aid in determining whether, and under what circumstances, the subject of an investigation under paragraph (1) should be left in place for investigative purposes; and
notify in writing the Director of the Federal Bureau of Investigation of such determination.
The Director of the Federal Bureau of Investigation and the head of the department or agency concerned shall continue to consult, as appropriate, to review the status of an investigation covered by this paragraph, and to reassess, as appropriate, a determination of the head of the department or agency concerned to leave a subject in place for investigative purposes.
The Federal Bureau of Investigation shall notify appropriate officials within the executive branch, including the head of the department or agency concerned, of the commencement of a full field espionage investigation with respect to an employee within the executive branch.
A department or agency may not conduct a polygraph examination, interrogate, or otherwise take any action that is likely to alert an employee covered by a notice under subparagraph (A) of an investigation described in that subparagraph without prior coordination and consultation with the Federal Bureau of Investigation.
Where essential to meet extraordinary circumstances affecting vital national security interests of the United States, the President may on a case-by-case basis waive the requirements of paragraph (1), (2), or (3), as they apply to the head of a particular department or agency, or the Director of the Federal Bureau of Investigation. Such waiver shall be in writing and shall fully state the justification for such waiver. Within thirty days, the President shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives that such waiver has been issued, and at that time or as soon as national security considerations permit, provide these committees with a complete explanation of the circumstances which necessitated such waiver.
Nothing in this section may be construed to alter the existing jurisdictional arrangements between the Federal Bureau of Investigation and the Department of Defense with respect to investigations of persons subject to the Uniform Code of Military Justice, nor to impose additional reporting requirements upon the Department of Defense with respect to such investigations beyond those required by existing law and executive branch policy.
As used in this section, the terms “foreign power” and “agent of a foreign power” have the same meanings as set forth in subsections (a) and (b) of section 1801, respectively, of this title.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.
Pub. L. 105–107, title III, § 308, Nov. 20, 1997, 111 Stat. 2253, as amended by Pub. L. 107–306, title VIII, § 811(b)(5)(D), Nov. 27, 2002, 116 Stat. 2424, related to annual reports to Congress by the Director of Central Intelligence and the Director of the Federal Bureau of Investigation on intelligence activities of the People’s Republic of China directed against or affecting the interests of the United States, prior to repeal by Pub. L. 108–177, title III, § 361(f), Dec. 13, 2003, 117 Stat. 2625.
There shall be a Director of the National Counterintelligence and Security Center (referred to in this section as the “Director”), who shall be appointed by the President, by and with the advice and consent of the Senate.
The mission of the Director shall be to serve as the head of national counterintelligence for the United States Government.
Subject to the direction and control of the Director of National Intelligence, the duties of the Director are as follows:
To carry out the mission referred to in subsection (b).
To act as chairperson of the National Counterintelligence Policy Board established under section 3381 of this title.
To act as head of the National Counterintelligence and Security Center established under section 3383 of this title.
To participate as an observer on such boards, committees, and entities of the executive branch as the Director of National Intelligence considers appropriate for the discharge of the mission and functions of the Director and the National Counterintelligence and Security Center under section 3383 of this title.
Pub. L. 115–31, div. N, title IV, § 401(a)(3), May 5, 2017, 131 Stat. 817, provided that:
“The amendment made by subsection (a) of section 401 of the Intelligence Authorization Act for Fiscal Year 2016 (division M of Public Law 114–113 ) [amending this section] shall not take effect, or, if the date of the enactment of this Act [ May 5, 2017 ] is on or after the effective date specified in subsection (b) of such section [ Dec. 18, 2016 , see note below], such amendment shall be deemed to not have taken effect.”
Pub. L. 114–113, div. M, title IV, § 401(b), Dec. 18, 2015, 129 Stat. 2921, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on the date that is one year after the date of the enactment of this Act [ Dec. 18, 2015 ].”
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 107–306, title IX, § 901(b), Nov. 27, 2002, 116 Stat. 2432, provided that:
“The purpose of this title [see Tables for classification] is to facilitate the enhancement of the counterintelligence activities of the United States Government by— “(1) enabling the counterintelligence community of the United States Government to fulfill better its mission of identifying, assessing, prioritizing, and countering the intelligence threats to the United States; “(2) ensuring that the counterintelligence community of the United States Government acts in an efficient and effective manner; and “(3) providing for the integration of all the counterintelligence activities of the United States Government.”
There shall be a National Counterintelligence and Security Center.
The Director of the National Counterintelligence and Security Center shall be the head of the National Counterintelligence and Security Center.
The National Counterintelligence and Security Center shall be located in the Office of the Director of National Intelligence.
The mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities.
Subject to the direction and control of the Director of the National Counterintelligence and Security Center, the functions of the National Counterintelligence and Security Center shall be as follows:
Subject to subsection (f), in consultation with appropriate department and agencies of the United States Government, and private sector entities, to produce a strategic planning assessment of the counterintelligence requirements of the United States to be known as the National Threat Identification and Prioritization Assessment.
Subject to subsection (f), in consultation with appropriate department and agencies of the United States Government, and private sector entities, and based on the most current National Threat Identification and Prioritization Assessment under paragraph (1), to produce a strategy for the counterintelligence programs and activities of the United States Government to be known as the National Counterintelligence Strategy.
The National Counterintelligence Strategy shall be revised or updated at least once every three years and shall be aligned with the strategy and policies of the Director of National Intelligence.
To evaluate on an ongoing basis the implementation of the National Counterintelligence Strategy and to submit to the President periodic reports on such evaluation, including a discussion of any shortfalls in the implementation of the Strategy and recommendations for remedies for such shortfalls.
As directed by the Director of National Intelligence and in consultation with appropriate elements of the departments and agencies of the United States Government, to oversee and coordinate the production of strategic analyses of counterintelligence matters, including the production of counterintelligence damage assessments and assessments of lessons learned from counterintelligence activities.
At the direction of the Director of National Intelligence—
to coordinate the development of budgets and resource allocation plans for the counterintelligence programs and activities of the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, and other appropriate elements of the United States Government;
to ensure that the budgets and resource allocation plans developed under subparagraph (A) address the objectives and priorities for counterintelligence under the National Counterintelligence Strategy; and
to submit to the National Security Council periodic reports on the activities undertaken by the Office under subparagraphs (A) and (B).
To develop priorities for counterintelligence investigations and operations, and for collection of counterintelligence, for purposes of the National Counterintelligence Strategy, except that the National Counterintelligence and Security Center may not—
carry out any counterintelligence investigations or operations; or
establish its own contacts, or carry out its own activities, with foreign intelligence services.
To develop standards and criteria for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats.
To carry out and coordinate outreach programs and activities on counterintelligence to other elements of the United States Government, and the private sector, and to coordinate the dissemination to the public of warnings on intelligence threats to the United States.
To ensure that research and development programs and activities of the United States Government, and the private sector, direct attention to the needs of the counterintelligence community for technologies, products, and services.
To develop policies and standards for training and professional development of individuals engaged in counterintelligence activities and to manage the conduct of joint training exercises for such personnel.
In carrying out efforts to secure covered devices, to consult with the private sector of the United States and reputable third-party researchers to identify vulnerabilities from foreign commercial spyware (as defined in section 3232a(a) of this title ) and maintain effective security measures for such devices.
In this subparagraph, the term “covered device” means any electronic mobile device including smartphones, tablet computing devices, or laptop computing devices, that is issued by an element of the intelligence community for official use.
A National Threat Identification and Prioritization Assessment under subsection (e)(1), and any modification of such assessment, shall not go into effect until approved by the President.
A National Counterintelligence Strategy under subsection (e)(2), and any modification of such strategy, shall not go into effect until approved by the President.
The Director of the National Counterintelligence and Security Center shall submit to the congressional intelligence committees each National Threat Identification and Prioritization Assessment, or modification thereof, and each National Counterintelligence Strategy, or modification thereof, approved under this section.
In this subsection, the term “congressional intelligence committees” means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives.
Personnel of the National Counterintelligence and Security Center may consist of personnel employed by the Center or personnel on detail from any other department, agency, or element of the Federal Government. Any such detail may be on a reimbursable or nonreimbursable basis, at the election of the head of the agency detailing such personnel.
Notwithstanding section 104(d) 1 or any other provision of law limiting the period of the detail of personnel on a nonreimbursable basis, the detail of an officer or employee of United States or a member of the Armed Forces under paragraph (1) on a nonreimbursable basis may be for any period in excess of one year that the Director of the National Counterintelligence and Security Center and the head of the department, agency, or element concerned consider appropriate.
The files of the National Counterintelligence and Security Center shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 ( 50 U.S.C. 3141 ) to the extent such files meet criteria under subsection (b) of that section for treatment of files as operational files of an element of the Agency.
The location of the National Counterintelligence and Security Center within the Office of the Director of National Intelligence shall not be construed as affecting access by Congress, or any committee of Congress, to—
any information, document, record, or paper in the possession of the Center; or
any personnel of the Center.
Nothing in this section shall be construed as affecting the authority of the Director of National Intelligence, the Secretary of Defense, the Secretary of State, the Attorney General, or the Director of the Federal Bureau of Investigation as provided or specified under the National Security Act of 1947 or under other provisions of law.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Nothing in amendment made by Pub. L. 117–263 to be construed as enhancing, or otherwise changing, the authorities of the intelligence community to target, collect, process, or disseminate information regarding United States Government personnel, see section 6318(e) of Pub. L. 117–263, set out as a note under section 3232a of this title.
In this section:
The term “Department” means the Department of Agriculture.
The term “Secretary” means the Secretary of Agriculture.
The Director of National Intelligence, acting through the Director of the National Counterintelligence and Security Center, shall seek to enter into an agreement with the Secretary under which the Director of National Intelligence and the Secretary shall establish within the Department an office, which shall be known as the “Intelligence Community Counterintelligence Office”, in accordance with this section.
The Intelligence Community Counterintelligence Office established pursuant to this section shall be physically located within the headquarters of the Department and within reasonable proximity to the offices of the leadership of the Department.
The Director of the National Counterintelligence and Security Center shall be responsible for the protection of classified information and for the establishment and enforcement of all security-related controls within the Intelligence Community Counterintelligence Office.
There shall be at the head of the Intelligence Community Counterintelligence Office a Director who is appointed by the Director of National Intelligence. The Director of the Intelligence Community Counterintelligence Office shall—
be supervised and subject to performance evaluations by the Director of the National Counterintelligence and Security Center, in consultation with the Secretary;
be an employee of the intelligence community with significant counterintelligence experience; and
serve for a period of 3 years.
The Director of the Intelligence Community Counterintelligence Office shall carry out the following responsibilities:
Serving as the head of the Intelligence Community Counterintelligence Office, with supervisory responsibility for the Intelligence Community Counterintelligence Office and any other personnel assigned to the Intelligence Community Counterintelligence Office.
Advising the Secretary on counterintelligence and intelligence information.
Ensuring that counterintelligence threat information and, as appropriate, finished intelligence on topics related to the functions of the Department, are provided to appropriate personnel of the department or agency without delay.
Ensuring critical intelligence relevant to the Secretary is requested and disseminated in a timely manner.
Establishing, as appropriate, mechanisms for collaboration through which Department subject matter experts, including those without security clearances, can share information and expertise with the intelligence community.
Correlating and evaluating counterintelligence threats identified within intelligence community reporting, in coordination with the National Counterintelligence and Security Center, and providing appropriate dissemination of such intelligence to officials of the Department with a need-to-know.
Advising the Secretary on methods to improve the counterintelligence posture of the Department.
Where appropriate, supporting the Department’s leadership in engaging with the National Security Council.
In coordination with the National Counterintelligence and Security Center, establishing counterintelligence partnerships to improve the counterintelligence defense of the Department.
There shall be within the Intelligence Community Counterintelligence Office a Deputy Director who is appointed by the Secretary, in coordination with the Director of National Intelligence. The Deputy Director shall—
be supervised and subject to performance evaluations by the Secretary, in consultation with the Director of the National Counterintelligence and Security Center;
be a current or former employee of the Department with significant experience within the Department; and
serve at the pleasure of the Secretary.
There shall be within the Intelligence Community Counterintelligence Office such other employees as the Director of National Intelligence, in consultation with the Secretary, determines appropriate. Employment at the Intelligence Community Counterintelligence Office is an intelligence community joint duty assignment. A permanent change of station to the Intelligence Community Counterintelligence Office shall be for a period of not less than 2 years.
The Director of the Intelligence Community Counterintelligence Office shall be responsible for the supervision and management of employees assigned to the Intelligence Community Counterintelligence Office, including employees assigned by program elements of the intelligence community and other Federal departments and agencies, as appropriate.
The Director of National Intelligence shall reimburse a program element of the intelligence community or a Federal department or agency for any permanent change of station employee assigned to the Intelligence Community Counterintelligence Office from amounts authorized to be appropriated for the Office of the Director of National Intelligence.
Employees assigned to the Intelligence Community Counterintelligence Office under this paragraph shall operate under the authorities of the Director of National Intelligence for the duration of their assignment or period of employment within the Intelligence Community Counterintelligence Office, except for temporary duty assignment employees.
An employee who accepts employment at the Intelligence Community Counterintelligence Office during the 120-day period after the date of the establishment of the Intelligence Community Counterintelligence Office shall receive an incentive payment, which shall be payable by the Director of National Intelligence, in an amount equal to 10 percent of the base annual pay of the employee. Such an employee who completes 2 years of service in the Intelligence Community Counterintelligence Office may receive an incentive payment in an amount equal to 10 percent of the base annual pay of the employee if the Director of the Intelligence Community Counterintelligence Office determines the performance of the employee is exceptional.
An employee is only eligible for an incentive payment under clause (i) if the employee enters into an agreement with the Director of National Intelligence to serve in the Intelligence Community Counterintelligence Office for a period of at least 2 years.
To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director of National Intelligence may expend such sums as are authorized within the National Intelligence Program of the Office of the Director of National Intelligence for—
the renovation, furnishing, and equipping of a Federal building, as necessary, to meet the security and operational requirements of the Intelligence Community Counterintelligence Office;
the provision of connectivity to the Intelligence Community Counterintelligence Office to enable briefings, secure audio and video communications, and collaboration between employees of the Department and the intelligence community at the unclassified, secret, and top secret levels;
the provision of other information technology systems and devices, such as computers, printers, and phones, for use by employees of the Intelligence Community Counterintelligence Office;
the assignment of employees of the intelligence community to support the operation of the Intelligence Community Counterintelligence Office; and
the provision of other personal services necessary for the operation of the Intelligence Community Counterintelligence Office.
Not later than January 1, 2025 , the Director of National Intelligence shall seek to establish, in accordance with this section, the Intelligence Community Counterintelligence Office within the Department.
Not later than 180 days after December 22, 2023 , 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 a report on the plan to establish the Intelligence Community Counterintelligence Office required under paragraph (1). Such report shall include the costs and schedule associated with establishing the Intelligence Community Counterintelligence Office.
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
The Director of the Central Intelligence Agency shall maintain the Benjamin Tallmadge Institute as the primary entity within the Central Intelligence Agency for education and training related to all aspects of counterintelligence.
The Director of the Central Intelligence Agency shall—
ensure the Institute is fully and properly organized and has the resources necessary to provide counterintelligence education and training for all career fields within the Agency, including specialized certifications for Agency counterintelligence personnel;
develop appropriate certification courses that are designed to educate, train, and certify Agency personnel in—
counterintelligence threats, insider threats, and other counterintelligence processes and issues;
the conduct and support of counterintelligence inquiries and investigations;
relevant skills necessary for coordination with Federal law enforcement; and
any other skills as the Director determines necessary;
identify and designate specific positions for which an individual shall be required to have a certification described in paragraph (2) prior to filling such a position; and
develop necessary infrastructure and capacity to support the availability of courses under subsection (c) to increase participation by personnel from other components of the intelligence community in the courses offered by the Institute.
The head of the Institute shall—
develop training and familiarization courses at different classification levels, including courses at an unclassified level; and
offer instruction in the courses developed under subparagraph (A) or make training curricula available to other intelligence community components, as appropriate, to support outreach efforts.
The training and familiarization courses developed under paragraph (1) shall be made available to any of the following that have a need and appropriate clearance, as determined by the Director of the National Counterintelligence and Security Center in consultation with the Director of the Central Intelligence Agency, for a general education on counterintelligence threats, briefings on specific topics, or other training related to counterintelligence:
Federal departments and agencies that are not elements of the intelligence community.
State, local, and Tribal governments.
Private sector entities.
Such other personnel and entities as appropriate.
The Institute shall develop, in coordination with the National Counterintelligence and Security Center and the Defense Intelligence Agency, and implement a baseline certification course for all counterintelligence career professionals that aligns the minimum certification requirements of the course and the Defense Counterintelligence Agent Course of the Joint Counterintelligence Training Activity.
The baseline certification course developed under paragraph (1) shall be made available, on a space-available basis, to all intelligence community professionals and appropriate personnel with appropriate security clearance from any other agency, committee, commission, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.
For definition of “intelligence community” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
CHAPTER 46— CENTRAL INTELLIGENCE AGENCY
When used in this chapter, the term—
“Agency” means the Central Intelligence Agency;
“Director” means the Director of the Central Intelligence Agency; and
“Government agency” means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Act June 20, 1949, ch. 227, § 10, formerly § 12, 63 Stat. 213; renumbered § 10, July 7, 1958, Pub. L. 85–507, § 21(b)(2), 72 Stat. 337, provided that:
“This Act [see Tables for classification] may be cited as the ‘Central Intelligence Agency Act of 1949’.”
Act June 20, 1949, ch. 227, § 9, formerly § 11, 63 Stat. 213; renumbered § 9, July 7, 1958, Pub. L. 85–507, § 21(b)(2), 72 Stat. 337, provided that:
“If any provision of this Act [see Tables for classification], or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.”
Pub. L. 105–272, title III, § 309, Oct. 20, 1998, 112 Stat. 2403, provided that:
“(a) Designation .— The headquarters compound of the Central Intelligence Agency located in Langley, Virginia, shall be known and designated as the ‘George Bush Center for Intelligence’. “(b) References .— Any reference in a law, map, regulation, document, paper, or other record of the United States to the headquarters compound referred to in subsection (a) shall be deemed to be a reference to the ‘George Bush Center for Intelligence’.”
The Director shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
In the performance of its functions the Central Intelligence Agency is authorized to exercise the authorities contained in sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3066, 3134, 3841, and 4752 of title 10.
In the exercise of the authorities granted in subsection (a) of this section, the term “Agency head” shall mean the Director, the Deputy Director, or the Executive of the Agency.
The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency.
The power of the Agency head to make the determinations or decisions specified in sections 3201 through 3204 of title 10 shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10 shall be based upon written findings made by the official making such determinations, which findings shall be final and shall be available within the Agency for a period of at least six years following the date of the determination.
Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702.
Pub. L. 97–269, title VII, § 703, Sept. 27, 1982, 96 Stat. 1155, provided that:
“The provisions of titles IV and V [enacting former section 202 of Title 10 , Armed Forces, and amending this section] and of this title [which, except for enacting this note was not classified to the Code] shall become effective upon the date of the enactment of this Act [ Sept. 27, 1982 ].”
Pub. L. 97–269, title V, § 502(b), Sept. 27, 1982, 96 Stat. 1145, provided that former subsec. (e) of this section did not apply to a contract made before Sept. 27, 1982.
[Repealed]
Under such regulations as the Director may prescribe, the Agency, with respect to its officers and employees assigned to duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, shall—
pay the travel expenses of officers and employees of the Agency, including expenses incurred while traveling pursuant to authorized home leave;
pay the travel expenses of members of the family of an officer or employee of the Agency when proceeding to or returning from his post of duty; accompanying him on authorized home leave; or otherwise traveling in accordance with authority granted pursuant to the terms of this chapter or any other Act;
pay the cost of transporting the furniture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termination of his services, to his residence at time of appointment or to a point not more distant, or, upon retirement, to the place where he will reside;
pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency, when he is absent from his post of assignment under orders, or when he is assigned to a post to which he cannot take or at which he is unable to use such furniture and household and personal effects, or when it is in the public interest or more economical to authorize storage; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law;
pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency in connection with assignment or transfer to a new post, from the date of his departure from his last post or from the date of his departure, from his place of residence in the case of a new officer or employee and for not to exceed three months after arrival at the new post, or until the establishment of residence quarters, whichever shall be shorter; and in connection with separation of an officer or employee of the Agency, the cost of packing and unpacking, transporting to and from a place of storage, and storing for a period not to exceed three months, his furniture and household and personal effects; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law; and
pay the travel expenses and transportation costs incident to the removal of the members of the family of an officer or employee of the Agency and his furniture and household and personal effects, including automobiles, from a post at which, because of the prevalence of disturbed conditions, there is imminent danger to life and property, and the return of such persons, furniture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned.
Charge expenses in connection with travel of personnel, their dependents, and transportation of their household goods and personal effects, involving a change of permanent station, to the appropriation for the fiscal year current when any part of either the travel or transportation pertaining to the transfer begins pursuant to previously issued travel and transfer orders, notwithstanding the fact that such travel or transportation may not all be effected during such fiscal year, or the travel and transfer orders may have been issued during the prior fiscal year.
Order to any of the several States of the United States of America (including the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as described above) at time of employment, upon completion of two years’ continuous service abroad, or as soon as possible thereafter.
While in the United States (as described in paragraph (3)(A) of this subsection) 1 on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe; and the time of such work or duty shall not be counted as leave.
Where an officer or employee on leave returns to the United States (as described in paragraph (3)(A) of this subsection),1 leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States (as so described) and such time as may be necessarily occupied in awaiting transportation.
Notwithstanding the provisions of any other law, transport for or on behalf of an officer or employee of the Agency, a privately owned motor vehicle in any case in which it shall be determined that water, rail, or air transportation of the motor vehicle is necessary or expedient for all or any part of the distance between points of origin and destination, and pay the costs of such transportation. Not more than one motor vehicle of any officer or employee of the Agency may be transported under authority of this paragraph during any four-year period, except that, as a replacement for such motor vehicle, one additional motor vehicle of any such officer or employee may be so transported during such period upon approval, in advance, by the Director and upon a determination, in advance, by the Director that such replacement is necessary for reasons beyond the control of the officer or employee and is in the interest of the Government. After the expiration of a period of four years following the date of transportation under authority of this paragraph of a privately owned motor vehicle of any officer or employee who has remained in continuous service outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, during such period, the transportation of a replacement for such motor vehicle for such officer or employee may be authorized by the Director in accordance with this paragraph.
In the event of illness or injury requiring the hospitalization of an officer or full time employee of the Agency incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clinic, pay the travel expenses of such officer or employee by whatever means the Director deems appropriate and without regard to the Standardized Government Travel Regulations and section 5731 of title 5, to the nearest locality where a suitable hospital or clinic exists and on the recovery of such officer or employee pay for the travel expenses of the return to the post of duty of such officer or employee. If the officer or employee is too ill to travel unattended, the Director may also pay the travel expenses of an attendant;
Establish a first-aid station and provide for the services of a nurse at a post at which, in the opinion of the Director, sufficient personnel is employed to warrant such a station: Provided, That, in the opinion of the Director, it is not feasible to utilize an existing facility;
In the event of illness or injury requiring hospitalization of an officer or full time employee of the Agency incurred in the line of duty while such person is assigned abroad, pay for the cost of the treatment of such illness or injury at a suitable hospital or clinic;
Provide for the periodic physical examination of officers and employees of the Agency and for the cost of administering inoculations or vaccinations to such officers or employees.
Pay the costs of preparing and transporting the remains of an officer or employee of the Agency or a member of his family who may die while in travel status or abroad, to his home or official station, or to such other place as the Director may determine to be the appropriate place of interment, provided that in no case shall the expense payable be greater than the amount which would have been payable had the destination been the home or official station.
Pay the costs of travel of new appointees and their dependents, and the transportation of their household goods and personal effects, from places of actual residence in foreign countries at time of appointment to places of employment and return to their actual residences at the time of appointment or a point not more distant: Provided, That such appointees agree in writing to remain with the United States Government for a period of not less than twelve months from the time of appointment.
Violation of such agreement for personal convenience of an employee or because of separation for misconduct will bar such return payments and, if determined by the Director or his designee to be in the best interests of the United States, any money expended by the United States on account of such travel and transportation shall be considered as a debt due by the individual concerned to the United States.
The Director may pay to officers and employees of the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, allowances and benefits comparable to the allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law.
The Director may pay allowances and benefits related to officially authorized travel, personnel and physical security activities, operational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when payment of such allowances and benefits is necessary to meet the special requirements of work related to such activities. Payment of allowances and benefits under this paragraph shall be in accordance with regulations prescribed by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those authorized by sections 5724 and 5724a of title 5 when reimbursement is provided for relocation attributable, in whole or in part, to relocation within the United States.
Notwithstanding any other provision of this section or any other provision of law relating to the officially authorized travel of Government employees, the Director, in order to reflect Agency requirements not taken into account in the formulation of Government-wide travel procedures, may by regulation—
authorize the travel of officers and employees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intelligence functions, and
provide for payment for such travel, in classes of cases, as determined by the Director, in which such travel is important to the performance of intelligence functions.
Members of the Armed Forces may not receive benefits under both this section and title 37 for the same purpose. The Director and Secretary of Defense shall prescribe joint regulations to carry out the preceding sentence.
Regulations, other than regulations under paragraph (1), issued pursuant to this subsection shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.
Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
Pub. L. 108–177, title IV, § 405(c), Dec. 13, 2003, 117 Stat. 2633, required the Director of Central Intelligence to submit to the congressional intelligence committees a report on the compensation of Central Intelligence Agency employees participating in the pilot project under section 402(b) of Pub. L. 107–306, formerly set out below.
Pub. L. 107–306, title IV, § 402, Nov. 27, 2002, 116 Stat. 2403, as amended by Pub. L. 108–177, title IV, § 405(a), Dec. 13, 2003, 117 Stat. 2632, delayed implementation of a compensation reform plan for Central Intelligence Agency employees, required the Director of Central Intelligence to conduct a pilot project to test the efficacy and fairness of the plan and to submit a report on the project to the congressional intelligence committees, and expressed the sense of Congress that the Director of the National Security Agency should delay implementation of a compensation reform plan for National Security Agency employees and that an employee performance evaluation mechanism should be phased in before implementation of any new compensation plan at either Agency.
Pub. L. 86–707, title III, § 301(d), Sept. 6, 1960, 74 Stat. 796, provided that:
“The term ‘furniture and household and personal effects’, as used in the amendments made by this part to the Foreign Service Act of 1946, as amended [amending section 1136 of Title 22 , Foreign Relations and Intercourse], and the Central Intelligence Agency Act of 1949, as amended [amending this section], and the term ‘household goods and personal effects’, as used in the amendments made by this part to the Administrative Expenses Act of 1946, as amended [amending section 73b–1 of former Title 5, Executive Departments and Government Officers and Employees], mean such personal property of an employee and the dependents of such employee as the Secretary of State and the Director of Central Intelligence, as the case may be, with respect to the term ‘furniture and household and personal effects’, and the President, with respect to the term ‘household goods and personal effects’, shall by regulation authorize to be transported or stored under the amendments made by this part to such Acts (including, in emergencies, motor vehicles authorized to be shipped at Government expense). Such motor vehicle shall be excluded from the weight and volume limitations prescribed by the laws set forth in this part.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
Pub. L. 86–707, title III, § 301(d), Sept. 6, 1960, 74 Stat. 796, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 661, insofar as it is applicable to the Administrative Expenses Act of 1946, as amended.
In the performance of its functions, the Central Intelligence Agency is authorized to—
Transfer to and receive from other Government agencies such sums as may be approved by the Office of Management and Budget, for the performance of any of the functions or activities authorized under section 3036 of this title, and any other Government agency is authorized to transfer to or receive from the Agency such sums without regard to any provisions of law limiting or prohibiting transfers between appropriations. Sums transferred to the Agency in accordance with this paragraph may be expended for the purposes and under the authority of this chapter without regard to limitations of appropriations from which transferred;
Exchange funds without regard to section 3651 of the Revised Statutes;
Reimburse other Government agencies for services of personnel assigned to the Agency, and such other Government agencies are authorized, without regard to provisions of law to the contrary, so to assign or detail any officer or employee for duty with the Agency;
Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s authorized functions, except that, within the United States, such authority shall be limited to the purposes of—
the training of Agency personnel and other authorized persons in the use of firearms;
the protection of classified materials and information;
the protection of installations and property of the Agency;
the protection of—
current and former Agency personnel and their immediate families;
individuals nominated by the President to the position of Director (including with respect to an individual whom a President-elect (as defined in section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) has declared an intent to nominate) and their immediate families; and
defectors and their immediate families, and other persons in the United States under Agency auspices; and
with respect to the Office of the Director of National Intelligence, the protection of—
installations and property of the Office of the Director of National Intelligence;
the Director of National Intelligence and the immediate family of the Director;
current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate; and
individuals nominated by the President to the position of Director of National Intelligence (including with respect to an individual whom a President-elect has declared an intent to nominate) and their immediate families;
Make alterations, improvements, and repairs on premises rented by the Agency, and pay rent therefor;
Determine and fix the minimum and maximum limits of age within which an original appointment may be made to an operational position within the Agency, notwithstanding the provision of any other law, in accordance with such criteria as the Director, in his discretion, may prescribe;
Notwithstanding section 1341(a)(1) of title 31, enter into multiyear leases for up to 15 years; and
Upon the approval of the Director, provide, during any fiscal year, with or without reimbursement, subsistence to any personnel assigned to an overseas location designated by the Agency as an austere location.
The authority to enter into a multiyear lease under subsection (a)(7) shall be subject to appropriations provided in advance for—
the entire lease; or
the first 12 months of the lease and the Government’s estimated termination liability.
In the case of any such lease entered into under subparagraph (B) of paragraph (1)—
such lease shall include a clause that provides that the contract shall be terminated if budget authority (as defined by section 622(2) of title 2) is not provided specifically for that project in an appropriations Act in advance of an obligation of funds in respect thereto;
notwithstanding section 1552 of title 31, amounts obligated for paying termination costs with respect to such lease shall remain available until the costs associated with termination of such lease are paid;
funds available for termination liability shall remain available to satisfy rental obligations with respect to such lease in subsequent fiscal years in the event such lease is not terminated early, but only to the extent those funds are in excess of the amount of termination liability at the time of their use to satisfy such rental obligations; and
funds appropriated for a fiscal year may be used to make payments on such lease, for a maximum of 12 months, beginning any time during such fiscal year.
Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency for that purpose shall remain available for 3 years.
The Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the transfer of sums described in paragraph (1) each time that authority is exercised.
Pub. L. 106–567, title IV, § 405(c), Dec. 27, 2000, 114 Stat. 2849, provided that:
“Subsection (c) of section 5 of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3506(c) ], as added by subsection (a) of this section, shall apply with respect to amounts appropriated or otherwise made available for the Central Intelligence Agency for fiscal years after fiscal year 2000.”
Pub. L. 105–107, title IV, § 401(b), Nov. 20, 1997, 111 Stat. 2257, provided that:
“The amendments made by subsection (a) [amending this section] apply to multiyear leases entered into under section 5 of the Central Intelligence Agency Act of 1949 [this section], as so amended, on or after October 1, 1997 .”
Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88–448, title IV, Aug. 19, 1964, 78 Stat. 496.
Pub. L. 117–263, div. F, title LXIV, § 6413, Dec. 23, 2022, 136 Stat. 3527, provided that:
“(a) Sense of Congress .— It is the sense of Congress that Congress expresses its appreciation— “(1) to the Director of the Central Intelligence Agency for reconstituting the Historical Advisory Panel; and “(2) for the important work of the Historical Advisory Panel, especially for— “(A) the efforts of the Panel to aid with the declassification of materials that enrich the historical national security record; and “(B) the assistance of the Panel in liaison with the scholarly community. “(b) Reporting Requirement .— The Historical Advisory Panel shall report directly to the Director of the Central Intelligence Agency. “(c) Historical Advisory Panel Defined .— The term ‘Historical Advisory Panel’ means the panel of the Central Intelligence Agency, regardless of the name of the panel, that assists in conducting declassification reviews and providing other assistance with respect to matters of historical interest.”
Pub. L. 119–75, div. A, title VIII, § 8049(b), Feb. 3, 2026, 140 Stat. 211, provided that:
“None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 118–47, div. A, title VIII, § 8050(b), Mar. 23, 2024, 138 Stat. 496.
Pub. L. 117–328, div. C, title VIII, § 8051(b), Dec. 29, 2022, 136 Stat. 4599.
Pub. L. 117–103, div. C, title VIII, § 8052(b), Mar. 15, 2022, 136 Stat. 188.
Pub. L. 116–260, div. C, title VIII, § 8047(b), Dec. 27, 2020, 134 Stat. 1316.
Pub. L. 116–93, div. A, title VIII, § 8047(b), Dec. 20, 2019, 133 Stat. 2348.
Pub. L. 115–245, div. A, title VIII, § 8045(b), Sept. 28, 2018, 132 Stat. 3012.
Pub. L. 115–141, div. C, title VIII, § 8045(b), Mar. 23, 2018, 132 Stat. 475.
Pub. L. 115–31, div. C, title VIII, § 8047(b), May 5, 2017, 131 Stat. 259.
Pub. L. 114–113, div. C, title VIII, § 8046(b), Dec. 18, 2015, 129 Stat. 2362.
Pub. L. 113–235, div. C, title VIII, § 8045(b), Dec. 16, 2014, 128 Stat. 2264.
Pub. L. 113–76, div. C, title VIII, § 8045(b), Jan. 17, 2014, 128 Stat. 115.
Pub. L. 113–6, div. C, title VIII, § 8045(b), Mar. 26, 2013, 127 Stat. 308.
Pub. L. 112–74, div. A, title VIII, § 8045(b), Dec. 23, 2011, 125 Stat. 817.
Pub. L. 112–10, div. A, title VIII, § 8045(b), Apr. 15, 2011, 125 Stat. 67.
Pub. L. 111–118, div. A, title VIII, § 8047(b), Dec. 19, 2009, 123 Stat. 3439.
Pub. L. 110–329, div. C, title VIII, § 8047(b), Sept. 30, 2008, 122 Stat. 3632.
Pub. L. 110–116, div. A, title VIII, § 8048(b), Nov. 13, 2007, 121 Stat. 1325.
Pub. L. 109–289, div. A, title VIII, § 8045(b), Sept. 29, 2006, 120 Stat. 1283.
Pub. L. 109–148, div. A, title VIII, § 8052(b), Dec. 30, 2005, 119 Stat. 2710.
Pub. L. 108–287, title VIII, § 8057(b), Aug. 5, 2004, 118 Stat. 983.
Pub. L. 108–87, title VIII, § 8057(b), Sept. 30, 2003, 117 Stat. 1085.
Pub. L. 107–248, title VIII, § 8058(b), Oct. 23, 2002, 116 Stat. 1550.
Pub. L. 107–117, div. A, title VIII, § 8063(b), Jan. 10, 2002, 115 Stat. 2261.
Pub. L. 106–259, title VIII, § 8062(b), Aug. 9, 2000, 114 Stat. 688.
Pub. L. 106–79, title VIII, § 8065(b), Oct. 25, 1999, 113 Stat. 1244.
Pub. L. 105–262, title VIII, § 8065(b), Oct. 17, 1998, 112 Stat. 2312.
Pub. L. 105–56, title VIII, § 8071(b), Oct. 8, 1997, 111 Stat. 1235.
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8080(b)], Sept. 30, 1996, 110 Stat. 3009–71, 3009–104.
Pub. L. 104–61, title VIII, § 8096(b), Dec. 1, 1995, 109 Stat. 671.
Pub. L. 103–335, title VIII, § 8154(b), Sept. 30, 1994, 108 Stat. 2658.
The Director of the Central Intelligence Agency shall, in accordance with standards developed by the Director in consultation with the Director of National Intelligence—
enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency;
develop and maintain an effective language program within the Agency;
emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the Agency;
establish and maintain effective relationships between human intelligence and signals intelligence within the Agency at the operational level; and
achieve a more effective balance within the Agency with respect to unilateral operations and liaison operations.
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 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 108–458, title I, § 1011(b), Dec. 17, 2004, 118 Stat. 3661, provided that:
“It is the sense of Congress that— “(1) the human intelligence officers of the intelligence community have performed admirably and honorably in the face of great personal dangers; “(2) during an extended period of unprecedented investment and improvements in technical collection means, the human intelligence capabilities of the United States have not received the necessary and commensurate priorities; “(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric threats to the national security of the United States; “(4) the continued development and improvement of a robust and empowered and flexible human intelligence work force is critical to identifying, understanding, and countering the plans and intentions of the adversaries of the United States; and “(5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among the top priorities of the Director of National Intelligence.”
In the interests of the security of the foreign intelligence activities of the United States and in order further to implement section 3024(h) of this title that the Director of National Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, the Agency shall be exempted from the provisions of sections 1 and 2 of the Act of August 28, 1935 ( 49 Stat. 956 , 957; 5 U.S.C. 654 ), and the provisions of any other law which require the publication or disclosure of the organization or functions of the Agency, or of the names, official titles, salaries, or numbers of personnel employed by the Agency: Provided , That in furtherance of this section, the Director of the Office of Management and Budget shall make no reports to the Congress in connection with the Agency under section 607 of the Act of June 30, 1945 , as amended ( 5 U.S.C. 947(b) ).
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Whenever the Director, the Attorney General, and the Commissioner of Immigration and Naturalization shall determine that the admission of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be admitted to the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided , That the number of aliens and members of their immediate families admitted to the United States under the authority of this section shall in no case exceed one hundred persons in any one fiscal year.
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Ex. Ord. No. 6166, § 14, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees, consolidated Bureaus of Immigration and Naturalization of Department of Labor to form an Immigration and Naturalization Service in Department of Labor, to be administered by a Commissioner of Immigration and Naturalization, which was then transferred from Department of Labor to Department of Justice by Reorg. Plan No. V of 1940, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, set out in the Appendix to Title 5. Accordingly, “Commissioner of Immigration and Naturalization” was substituted for “Commissioner of Immigration”.
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, were transferred to Attorney General, with power vested in the Attorney General to authorize their performance or performance of any of the Attorney General’s functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, formerly set out in the Appendix to Title 5, Government Organization and Employees, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
[Repealed]
Notwithstanding any other provisions of law, sums made available to the Agency by appropriation or otherwise may be expended for purposes necessary to carry out its functions, including—
personal services, including personal services without regard to limitations on types of persons to be employed, and rent at the seat of government and elsewhere; health-service program as authorized by law (5 U.S.C. 7901); payment of death benefits in cases in which the circumstances of the death of an employee of the Agency, a detailee of the Agency or other employee of another department or agency of the Federal Government assigned to the Agency, or an individual affiliated with the Agency (as determined by the Director), is not covered by section 3511 of this title, other similar provisions of Federal law, or any regulation issued by the Director providing death benefits, but that the Director determines such payment appropriate; rental of news-reporting services; purchase or rental and operation of photographic, reproduction, cryptographic, duplication, and printing machines, equipment, and devices, and radio-receiving and radio-sending equipment and devices, including telegraph and teletype equipment; purchase, maintenance, operation, repair, and hire of passenger motor vehicles, and aircraft, and vessels of all kinds; subject to policies established by the Director, transportation of officers and employees of the Agency in Government-owned automotive equipment between their domiciles and places of employment, where such personnel are engaged in work which makes such transportation necessary, and transportation in such equipment, to and from school, of children of Agency personnel who have quarters for themselves and their families at isolated stations outside the continental United States where adequate public or private transportation is not available; printing and binding; purchase, maintenance, and cleaning of firearms, including purchase, storage, and maintenance of ammunition; subject to policies established by the Director, expenses of travel in connection with, and expenses incident to attendance at meetings of professional, technical, scientific, and other similar organizations when such attendance would be a benefit in the conduct of the work of the Agency; association and library dues; payment of premiums or costs of surety bonds for officers or employees without regard to the provisions of section 14 1 of title 6; payment of claims pursuant to title 28; acquisition of necessary land and the clearing of such land; construction of buildings and facilities without regard to 36 Stat. 699; 40 U.S.C. 259, 267; 1 repair, rental, operation, and maintenance of buildings, utilities, facilities, and appurtenances; and
supplies, equipment, and personnel and contractual services otherwise authorized by law and regulations, when approved by the Director.
The sums made available to the Agency may be expended without regard to the provisions of law and regulations relating to the expenditure of Government funds; and for objects of a confidential, extraordinary, or emergency nature, such expenditures to be accounted for solely on the certificate of the Director and every such certificate shall be deemed a sufficient voucher for the amount therein certified.
Not later than 30 days after the date on which the Director makes a novel and significant expenditure pursuant to subsection (a), the Director shall notify the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, 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 of such expenditure.
Not later than 180 days after December 18, 2025, the Director shall issue written guidance to ensure the timely identification and reporting of novel and significant expenditures in accordance with this subsection. Such guidance shall—
establish a definition of a novel and significant expenditure for purposes of this subsection;
define internal procedures to evaluate expenditures to determine if such expenditures are novel and significant using the definition established pursuant to clause (i); and
require timely congressional notification in accordance with this subsection.
The Director shall regularly review and update the guidance issued under this paragraph as appropriate.
Not later than 60 days after the date on which the initial guidance is issued under this paragraph, and not later than 60 days after the date on which any material revisions to such guidance take effect, the Director shall provide to the committees specified in paragraph (1) a briefing with respect to such guidance or such material revisions.
During the current fiscal year and thereafter, funds appropriated for construction projects of the Central Intelligence Agency, which are transferred to another Agency for execution, shall remain available until expended.
Pursuant to the authority granted in section 3510 of this title , the Director of Central Intelligence shall establish an undergraduate training program with respect to civilian employees of the Central Intelligence Agency similar in purpose, conditions, content, and administration to the program which the Secretary of Defense is authorized to establish under section 3614 of this title for civilian employees of the National Security Agency.
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, and reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency, see section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
The Director may pay death benefits substantially similar to those authorized for members of the Foreign Service pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq.) or any other provision of law. The Director may adjust the eligibility for death benefits as necessary to meet the unique requirements of the mission of the Agency.
Regulations issued pursuant to this section shall be submitted to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before such regulations take effect.
Subject to the provisions of this section, the Director may accept, hold, administer, and use gifts of money, securities, or other property whenever the Director determines it would be in the interest of the United States to do so.
Any gift accepted by the Director as a gift to the Agency under this subsection (and any income produced by any such gift)—
may be used only for—
artistic display;
purposes relating to the general welfare, education, or recreation of employees or dependents of employees of the Agency or for similar purposes; or
purposes relating to the welfare, education, or recreation of an individual described in paragraph (3); and
under no circumstances may such a gift (or any income produced by any such gift) be used for operational purposes.
An individual described in this paragraph is an individual who—
is an employee or a former employee of the Agency who suffered injury or illness while employed by the Agency that—
resulted from hostile or terrorist activities;
occurred in connection with an intelligence activity having a significant element of risk; or
occurred under other circumstances determined by the Director to be analogous to the circumstances described in clause (i) or (ii);
is a family member of such an employee or former employee; or
is a surviving family member of an employee of the Agency who died in circumstances described in clause (i), (ii), or (iii) of subparagraph (A).
The Director may not accept any gift under this section that is expressly conditioned upon any expenditure not to be met from the gift itself or from income produced by the gift unless such expenditure has been authorized by law.
The Director may, in the Director’s discretion, determine that an individual described in subparagraph (A) or (B) of paragraph (3) may accept a gift for the purposes described in paragraph (2)(A)(iii).
Unless otherwise restricted by the terms of the gift, the Director may sell or exchange, or invest or reinvest, any property which is accepted under subsection (a), but any such investment may only be in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
There is hereby created on the books of the Treasury of the United States a fund into which gifts of money, securities, and other intangible property accepted under the authority of subsection (a), and the earnings and proceeds thereof, shall be deposited. The assets of such fund shall be disbursed upon the order of the Director for the purposes specified in subsection (a) or (b).
For purposes of Federal income, estate, and gift taxes, gifts accepted by the Director under subsection (a) shall be considered to be to or for the use of the United States.
For the purposes of this section, the term “gift” includes a bequest or devise.
The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members.
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.
Not later than the date that is 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 Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives of the fundraising.
The Director, in consultation with the Director of the Office of Government Ethics, shall issue regulations to carry out the authority provided in this section. Such regulations shall ensure that such authority is exercised consistent with all relevant ethical constraints and principles, including—
the avoidance of any prohibited conflict of interest or appearance of impropriety; and
a prohibition against the acceptance of a gift from a foreign government or an agent of a foreign government.
No person may, except with the written permission of the Director, knowingly use the words “Central Intelligence Agency”, the initials “CIA”, the seal of the Central Intelligence Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Central Intelligence Agency.
Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces.
The provisions of sections 2002, 2031(b)(1)–(3), 2031(f), 2031(g), 2031(i)(2), 2031(j), 2031(m), 2032, 2033, 2034, 2035, 2052(b), 2071(b), 2071(d), and 2094(b) of this title establishing certain requirements, limitations, rights, entitlements, and benefits relating to retirement annuities, survivor benefits, and lump-sum payments for a spouse or former spouse of an Agency employee who is a participant in the Central Intelligence Agency Retirement and Disability System shall apply in the same manner and to the same extent in the case of an Agency employee who is a participant in the Civil Service Retirement and Disability System.
The Director of the Office of Personnel Management, in consultation with the Director of the Central Intelligence Agency, shall prescribe such regulations as may be necessary to implement the provisions of this section.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title.
Amendment by Pub. L. 100–178 effective Nov. 15, 1982, but not to be construed to require forfeiture by any individual of benefits received before Dec. 2, 1987, nor to require reduction in level of benefits received by any individual who was receiving benefits under section 232 of Pub. L. 88–643 before Dec. 2, 1987, see section 402(c)–(e) of Pub. L. 100–178, set out as an Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496 note under section 2001 of this title.
Pub. L. 99–569, title III, § 302(d), Oct. 27, 1986, 100 Stat. 3194, provided that:
“The amendments made by this section [amending this section and provisions formerly set out as a note under section 403 of this title ] shall take effect on October 1, 1986 .”
Section effective Nov. 15, 1982, see section 613 of Pub. L. 97–269 set out as an Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496 note under section 2001 of this title.
The Director may authorize Agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40, with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—
within the Agency Headquarters Installation and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such Installation;
in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such Installation and property and extending outward 500 yards;
within any other Agency installation and protected property;
within an installation owned, or contracted to be occupied for a period of one year or longer, by the Office of the Director of National Intelligence; and
in the streets, sidewalks, and open areas within the zone beginning at the outside boundary of any installation or property referred to in subparagraph (C) or (D) and extending outward 500 yards.
The performance of functions and exercise of powers under subparagraph (B) or (E) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to Agency installations, property, or employees.
Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.
The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A), (C), or (D) of paragraph (1).
The Director is authorized to establish penalties for violations of the rules or regulations promulgated by the Director under subsection (a) of this section. Such penalties shall not exceed the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18 .
Agency personnel designated by the Director under subsection (a) of this section shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) of this section refers.
Notwithstanding any other provision of law, any Agency personnel designated by the Director under subsection (a), or designated by the Director to carry firearms under subparagraph (D) or (E) of section 3506(a)(4) of this title, shall be considered for purposes of chapter 171 of title 28, or any other provision of law relating to tort liability, to be acting within the scope of their office or employment when such Agency personnel take reasonable action, which may include the use of force, to—
protect an individual in the presence of such Agency personnel from a crime of violence;
provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or
prevent the escape of any individual whom such Agency personnel reasonably believe to have committed a crime of violence in the presence of such Agency personnel.
Paragraph (1) shall not affect the authorities of the Attorney General under section 2679 of title 28.
In this subsection, the term “crime of violence” has the meaning given that term in section 16 of title 18.
Reference to the headquarters compound of the Central Intelligence Agency deemed to be a reference to the George Bush Center for Intelligence, see section 309 of Pub. L. 105–272, set out as a note under section 3501 of this title.
Notwithstanding section 46502 of title 49 or sections 32, 1030, and 1367 and chapters 119 and 206 of title 18, the Director may take, and may authorize personnel of the Agency with assigned duties under section 3515 of this title that include the security or protection of people, facilities, or assets within the United States to take, the actions described in subsection (b)(1) that are necessary to mitigate a credible threat (as defined by the Director, in consultation with the Secretary of Transportation) to safety or security in any specially designated area posed by an unmanned aircraft system.
The actions described in this paragraph are the following:
During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication, used to control the unmanned aircraft system.
Warn the operator of the unmanned aircraft system, including by passive or active, and by direct or indirect, physical, electronic, radio, and electromagnetic means.
Disrupt control of the unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system.
Seize or exercise control of the unmanned aircraft system.
Seize or otherwise confiscate the unmanned aircraft system.
Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system.
In carrying out subsection (a), the Director may take an action described in subparagraphs (B) through (F) of paragraph (1) only for the period necessary to mitigate a credible threat to safety or security identified in subsection (a).
In carrying out this section, the Director shall comply with the guidance developed under subsection (c).
The Director shall develop guidance for carrying out subsection (a) and for conducting research, testing, training, and evaluation under subsection (e) in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration to ensure that any such actions or research, testing, training, and evaluation do not adversely affect or interfere with the safety and efficiency of the national airspace system.
In developing guidance for carrying out subsection (a) and for conducting research, testing, training, and evaluation under subsection (e), the Director shall request consultation by the Secretary of Commerce and the Chairman of the Federal Communications Commission. The Secretary of Commerce and the Chairman may each provide such consultation during the 180-day period beginning on the date of the request by the Director.
The guidance under paragraph (1) shall include requirements that—
the Administrator of the Federal Aviation Administration advise on the types of activities covered by subsection (b)(1);
the Director contact the Administrator of the Federal Aviation Administration through the appropriate channel if practicable before, or otherwise as soon as practicable after (but not later than 24 hours after), carrying out an action described in subparagraphs (B) through (F) of subsection (b)(1);
the Director contact the Administrator of the Federal Aviation Administration through the appropriate channel before conducting research, testing, training, and evaluation under subsection (e); and
when taking an action described in subsection (b)(1), all due consideration is given to—
mitigating effects on privacy and civil liberties under the first and fourth amendments to the Constitution of the United States;
mitigating damage to, or loss of, real and personal property; and
mitigating any risk of personal injury or death.
On an annual basis, the Director, in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall review the guidance developed under paragraph (1) and make any necessary updates.
The Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (5) a list, which may be in classified form, of each area that the Director—
determines meets the criteria described in paragraph (4); and
designates as a specially designated area for purposes of this section.
Not later than March 31 each year, the Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (5) an updated list of specially designated areas under paragraph (1).
If the Director determines that adding an area that meets the criteria described in paragraph (4) to the list under paragraph (1) is necessary to mitigate a credible threat to safety or security, the Director may update the list to include that area as a specially designated area covered by this section if the Director makes available to the congressional intelligence committees and the recipients specified in paragraph (5) information regarding that area by not later than 7 days after making such determination.
The criteria described in this paragraph are the following:
The area is identified by the Director, in coordination with the Secretary of Transportation, with respect to potentially impacted airspace, through a risk-based assessment, as high-risk and a potential target for unlawful unmanned aircraft system-related activity.
The area consists of—
premises that—
are owned, leased, or controlled by the Agency or the Office of the Director of National Intelligence;
are not eligible for protection from threats from unmanned aircraft systems by another department or agency of the Federal Government that has authority to mitigate the threat of unmanned aircraft systems, including pursuant to section 130i of title 10; and
directly relate to one or more functions authorized to be performed by the Agency or the Office of the Director of National Intelligence under this chapter or the National Security Act of 1947 (50 U.S.C. 3001 et seq.);
one or more perimeters adjacent to such premises, as designated by the Director, in coordination with the Secretary of Transportation, based on the specific type of action described in subsection (b)(1); and
the airspace above the premises and perimeters covered by clauses (i) and (ii).
The airspace specified in subparagraph (B)(iii) is restricted by a temporary flight restriction or covered by a determination under section 2209 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802 note) or any other similar restriction applicable to unmanned aircraft system overflights determined appropriate by the Secretary of Transportation.
The designated recipients for purposes of this subsection are each of the following:
The chairs and ranking minority members of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
The chairs and ranking minority members of the Committees on the Judiciary of the House of Representatives and of the Senate.
The chairs and ranking minority members of the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
The chairs and ranking minority members of the Committees on Appropriations of the House of Representatives and of the Senate.
For each committee specified in subparagraphs (A), (B), (C), and (D)—
two staff members of the committee who have the required security clearances and are designated by the chair; and
two staff members of the committee who have the required security clearances and are designated by the ranking minority member.
The Director may, consistent with section 1805(g) of this title , other Federal laws, and Presidential directives, conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action carried out under subsection (a).
Any interception or acquisition of, or access to, or maintenance or use of, information or communications to or from an unmanned aircraft system under this section shall be conducted—
in a manner consistent with the first and fourth amendments to the Constitution of the United States and applicable provisions of Federal law; and
only to the extent necessary to support an action described in subsection (b)(1) taken to carry out the authority provided in subsection (a).
In carrying out subsection (a), the Director may maintain records containing or regarding the content and dialing, signaling, routing, and addressing information associated with wire communications, oral communications, electronic communications, and radio communications, and may maintain parts or the whole of an unmanned aircraft system, only if—
such maintenance is for the purpose of mitigating a credible threat, as described in subsection (a), to safety or security of persons in a specially designated area; and
such maintenance does not exceed a period of 180 days unless—
the Director or the Attorney General determines a longer period—
is necessary to directly support an ongoing security operation of the Agency pursuant to subsection (a); or
is required to be maintained by the Agency under Federal law;
the Director or the Attorney General has created a record before the end of such 180-day period providing the specific factual basis to support the determination based on the matters specified in either or both subclauses (I) and (II) of clause (i); and
the Director is in compliance with the reporting requirements under subsection (g)(2)(B).
The Director shall destroy any records or materials maintained under paragraph (2) at the end of the period specified in such paragraph.
Records or materials maintained under paragraph (2) may not be disclosed outside of the Agency or Department of Justice unless the Director or Attorney General determine that the disclosure of such records or materials—
is necessary to investigate or prosecute a violation of Federal law;
is necessary to support the counter unmanned aircraft systems activities of another department or agency of the Federal Government with authority to mitigate the threat of unmanned aircraft systems;
is necessary to comply with another provision of Federal law; or
is necessary to comply with an obligation to preserve materials during the course of litigation.
The recipient of records or materials pursuant to subparagraph (A) shall—
maintain the records or materials only for the purpose authorized under such subparagraph;
disclose the records or materials only for a purpose authorized under such subparagraph; and
destroy the records or parts or materials once such purpose no longer applies.
Each time the Director carries out subsection (a) by taking an action described in subparagraphs (C) through (F) of subsection (b)(1), the Director shall certify that the Director is in compliance with paragraphs (1) through (4) of this subsection. The Director may only delegate the authority to make such certification to—
the General Counsel or the Principal Deputy General Counsel; or
the Director of Operations or the Deputy Director of Operations.
Each certification made under subparagraph (A) shall be retained by the Director for a period of at least seven years.
Not later than 30 days after the date on which the Director carries out subsection (a) by taking an action described in subparagraphs (C) through (F) of subsection (b)(1), the Director shall notify the Attorney General of such action.
Not later than 90 days after December 18, 2025, and every 90 days thereafter, the Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (3) a report that includes the following:
With respect to each action described in subparagraphs (B) through (F) of subsection (b)(1) taken to carry out subsection (a) during the period covered by the report, a description of—
the action taken;
options considered by the Director to mitigate any identified effects to the national airspace system relating to such action, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals; and
whether any harm, damage, or loss to a person or to private property resulted from such action.
A description of all records or materials that, as of the date of the report, are being maintained for a period exceeding 180 days pursuant to subsection (f)(2)(B), and a copy of each record created pursuant to clause (ii) of such subsection relating to such maintenance.
A copy of the guidance, policies, and procedures established by the Director in effect during the period covered by the report to address privacy, civil rights, and civil liberties issues implicated by actions taken by the Director in carrying out subsection (a).
Information on any violation of, or failure to comply with, this section during the period covered by the report, including a description of any such violation or failure.
The designated recipients for purposes of paragraph (2) are each of the following:
Each member of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Each member of the Committees on the Judiciary of the House of Representatives and of the Senate.
Each member of the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
Each member of the Committees on Appropriations of the House of Representatives and of the Senate.
For each committee specified in subparagraphs (A), (B), (C), and (D)—
five staff members of the committee who have the required security clearances and are designated by the chair; and
five staff members of the committee who have the required security clearances and are designated by the ranking minority member.
Any unmanned aircraft system described in subsection (a) that is seized by the Director is subject to forfeiture to the United States.
The requirements for civil, criminal, or administrative forfeiture under applicable law or regulation shall apply to any forfeiture conducted under subparagraph (A).
Chapter 171 of title 28 shall apply to any claims for loss of property, injury, or death pursuant to actions taken pursuant to this section.
Nothing in this section may be construed as—
affecting the restrictions in section 1805(g) of this title;
vesting in the Director any authority of the Secretary of Transportation, the Secretary of Defense, or the Administrator of the Federal Aviation Administration;
vesting in the Secretary of Transportation, the Secretary of Defense, or the Administrator any authority of the Director;
creating a new cause of action or any new rights, or waiving any defenses, that do not otherwise exist in law as of December 18, 2025;
authorizing any official of a department or agency of the Federal Government to conduct any search or seizure in a manner that violates the fourth amendment to the Constitution of the United States; or
authorizing any actions that violate any provision of the Constitution of the United States, including the first and fourth amendments.
Together with the budget requests of the Agency for each fiscal year after fiscal year 2026, or not later than 7 days after the date on which such a request is submitted to Congress, the Director shall submit to the congressional intelligence committees and the Committees on Appropriations of the Senate and the House of Representatives a consolidated funding display that identifies the funding source for actions to carry out subsection (a). The funding display shall be in unclassified form, but may contain a classified annex.
The Director may not carry out subsection (a) by taking an action described in subsection (b)(1) until the date on which the Director has made available the first list under subsection (d)(1).
If the Director fails to make available the updated list by the date required under subsection (d)(2), the Director may not carry out subsection (a) by taking an action described in subsection (b)(1) until the date on which the Director makes available such updated list.
The authority to carry out this section shall terminate on December 31, 2027 .
In this section:
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.
The term “radio communication” has the meaning given that term in section 153 of title 47 .
The term “specially designated area” means an area designated by the Director as a specially designated area for purposes of this section pursuant to subsection (d).
The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meanings given those terms in section 2510 of title 18 .
The term “United States” has the meaning given that term in section 5 of title 18 .
The term “unmanned aircraft system” has the meaning given the term in section 44801 of title 49 .
Except as provided in subsection (e), any individual—
is eligible for coverage under a health benefits plan in accordance with the provisions of this section.
formerly married to an employee or former employee of the Agency, whose marriage was dissolved by divorce or annulment before May 7, 1985;
who, at any time during the eighteen-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and
who was married to such employee for not less than ten years during periods of service by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse,
Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the six-month period beginning on October 1, 1986, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual—
files an election for such enrollment; and
arranges to pay currently into the Employees Health Benefits Fund under section 8909 of title 5 an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits.
The Director of the Central Intelligence Agency shall, as soon as possible, take all steps practicable—
to determine the identity and current address of each former spouse eligible for coverage under subsection (a); and
to notify each such former spouse of that individual’s rights under this section.
The Director of the Office of Personnel Management, upon notification by the Director of the Central Intelligence Agency, shall waive the six-month limitation set forth in paragraph (1) in any case in which the Director of the Central Intelligence Agency determines that the circumstances so warrant.
Notwithstanding subsections (a) and (b) and except as provided in subsections (d), (e), and (f), an individual—
is eligible for coverage under a health benefits plan.
who was divorced on or before December 4, 1991, from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System or the Federal Employees Retirement System Special Category;
who was married to such participant for not less than ten years during the participant’s creditable service, at least five years of which were spent by the participant during the participant’s service as an employee of the Agency outside the United States, or otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title; and
who was enrolled in a health benefits plan as a family member at any time during the 18-month period before the date of dissolution of the marriage to such participant;
A former spouse eligible for coverage under paragraph (1) may enroll in a health benefits plan in accordance with subsection (b)(1), except that the election for such enrollment must be submitted within 60 days after the date on which the Director notifies the former spouse of such individual’s eligibility for health insurance coverage under this subsection.
Notwithstanding subsections (a), (b), and (c) and except as provided in subsections (e) and (f), an individual divorced on or before December 4, 1991 , from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System or Federal Employees’ Retirement System Special Category who enrolled in a health benefits plan following the dissolution of the marriage to such participant may continue enrollment following the death of such participant notwithstanding the termination of the retirement annuity of such individual.
Any former spouse who remarries before age fifty-five is not eligible to make an election under subsection (b)(1).
Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) or to subsection (d) may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age fifty-five shall not be eligible for continued enrollment under this section after the end of the thirty-one-day period beginning on the date of remarriage.
A former spouse who is not eligible to enroll or to continue enrollment in a health benefits plan under this section solely because of remarriage before age fifty-five shall be restored to such eligibility on the date such remarriage is dissolved by death, annulment, or divorce.
A former spouse whose eligibility is restored under subparagraph (A) may, under regulations which the Director of the Office of Personnel Management shall prescribe, enroll in a health benefits plan if such former spouse—
was an individual referred to in paragraph (1) and was an individual covered under a benefits plan as a family member at any time during the 18-month period before the date of dissolution of the marriage to the Agency employee or annuitant; or
was an individual referred to in paragraph (2) and was an individual covered under a benefits plan immediately before the remarriage ended the enrollment.
No individual may be covered by a health benefits plan under this section during any period in which such individual is enrolled in a health benefits plan under any other authority, nor may any individual be covered under more than one enrollment under this section.
For purposes of this section the term “health benefits plan” means an approved health benefits plan under chapter 89 of title 5.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Amendment by section 203(c) of Pub. L. 103–178 applicable to individuals on and after Oct. 1, 1994, with no benefits provided pursuant to section 203(c) payable with respect to any period before Oct. 1, 1994, except that subsec. (d) of this section applicable to individuals beginning Dec. 3, 1993, see section 203(e) of Pub. L. 103–178, set out as a Survivor Annuity, Retirement Annuity, and Health Benefits for Certain Ex-Spouses of Central Intelligence Agency Employees; Effective Date note under section 2032 of this title.
Pub. L. 102–88, title III, § 307(d), Aug. 14, 1991, 105 Stat. 433, provided that:
“The amendments made by this section [amending this section and provisions formerly set out as a note under section 403 of this title ] shall take effect as of October 1, 1990 . No benefits provided pursuant to the amendments made by this section shall be payable with respect to any period before such date.”
Pub. L. 99–569, title III, § 303(b), Oct. 27, 1986, 100 Stat. 3195, provided that:
“The amendment made by this section [enacting this section] shall take effect on October 1, 1986 .”
Pub. L. 102–88, title III, § 307(e), Aug. 14, 1991, 105 Stat. 433, provided that:
“Any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974 [ 2 U.S.C. 651(c) ]) provided pursuant to the amendments made by this section [amending this section and provisions formerly set out as a note under section 403 of this title ] shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.”
In order to—
there is hereby established in the Agency an Office of Inspector General (hereafter in this section referred to as the “Office”).
create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independently inspections, investigations, and audits relating to programs and operations of the Agency;
provide leadership and recommend policies designed to promote economy, efficiency, and effectiveness in the administration of such programs and operations, and detect fraud and abuse in such programs and operations;
provide a means for keeping the Director fully and currently informed about problems and deficiencies relating to the administration of such programs and operations, and the necessity for and the progress of corrective actions; and
in the manner prescribed by this section, ensure that the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (hereafter in this section referred to collectively as the “intelligence committees”) are kept similarly informed of significant problems and deficiencies as well as the necessity for and the progress of corrective actions,
There shall be at the head of the Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate. This appointment shall be made without regard to political affiliation and shall be on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigation. Such appointment shall also be made on the basis of compliance with the security standards of the Agency and prior experience in the field of foreign intelligence.
The Inspector General shall report directly to and be under the general supervision of the Director.
The Director may prohibit the Inspector General from initiating, carrying out, or completing any audit, inspection, or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit, inspection, or investigation or to issue such subpoena, if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
If the Director exercises any power under paragraph (3), he shall submit an appropriately classified statement of the reasons for the exercise of such power within seven days to the intelligence committees. The Director shall advise the Inspector General at the time such report is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of any such report. In such cases, the Inspector General may submit such comments to the intelligence committees that he considers appropriate.
In accordance with section 535 of title 28, the Inspector General shall report to the Attorney General any information, allegation, or complaint received by the Inspector General relating to violations of Federal criminal law that involve a program or operation of the Agency, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. A copy of all such reports shall be furnished to the Director.
The Inspector General may be removed from office only by the President. The President shall communicate in writing to the intelligence committees the substantive rationale, including detailed and case-specific reasons, for any such removal not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law, other than transfer or removal.
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—
identify each entity that is conducting, or that conducted, the inquiry; and
in the case of a completed inquiry, contain the findings made during the inquiry.
Subject to the other provisions of this paragraph, only the President may place the Inspector General on nonduty status.
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—
the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5; and
in the communication, the President includes a report on the determination described in clause (i), which shall include—
a specification of which clause of section 6329b(b)(2)(A) of title 5 the President has determined applies under clause (i);
the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.
The President may not place the Inspector General on non-duty 1 status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (6)(A) unless the President—
has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5; and
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.
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.).2
If the Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—
section 3345(a) of title 5 shall not apply;
subject to subparagraph (D), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5; and
notwithstanding clause (ii), and subject to subparagraphs (D) and (E), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, only if—
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—
the requirement under this subclause shall not apply if the officer is an Inspector General; and
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;
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;
the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and
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.
Notwithstanding section 3345(a) of title 5 and clauses (ii) and (iii) of subparagraph (B), and subject to subparagraph (D), during any period in which the Inspector General is on nonduty status—
the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5; and
if the first assistant described in clause (i) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in the Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, if—
that direction satisfies the requirements under subclauses (II), (III), and (IV) of subparagraph (B)(iii); and
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.
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.
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—
the first assistant to the position of Inspector General; or
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.
It shall be the duty and responsibility of the Inspector General appointed under this section—
to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the inspections, investigations, and audits relating to the programs and operations of the Agency to ensure they are conducted efficiently and in accordance with applicable law and regulations;
to keep the Director fully and currently informed concerning violations of law and regulations, fraud and other serious problems, abuses and deficiencies that may occur in such programs and operations, and to report the progress made in implementing corrective action;
to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Office, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and
in the execution of his responsibilities, to comply with generally accepted government auditing standards.
The Inspector General shall, not later than October 31 and April 30 of each year, prepare and submit to the Director a classified semiannual report summarizing the activities of the Office during the immediately preceding six-month periods ending September 30 and March 31, respectively. Not later than 30 days after the date of the receipt of such reports, the Director shall transmit such reports to the intelligence committees with any comments he may deem appropriate. Such reports shall, at a minimum, include a list of the title or subject of each inspection, investigation, review, or audit conducted during the reporting period and—
a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the Agency identified by the Office during the reporting period;
a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified in subparagraph (A);
a statement of whether corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action;
a certification that the Inspector General has had full and direct access to all information relevant to the performance of his functions;
a description of the exercise of the subpoena authority under subsection (e)(5) by the Inspector General during the reporting period; and
such recommendations as the Inspector General may wish to make concerning legislation to promote economy and efficiency in the administration of programs and operations undertaken by the Agency, and to detect and eliminate fraud and abuse in such programs and operations.
The Inspector General shall report immediately to the Director whenever he becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs or operations. The Director shall transmit such report to the intelligence committees within seven calendar days, together with any comments he considers appropriate.
In the event that—
the Inspector General shall immediately notify and submit a report on such matter to the intelligence committees.
the Inspector General is unable to resolve any differences with the Director affecting the execution of the Inspector General’s duties or responsibilities;
an investigation, inspection, or audit carried out by the Inspector General should focus on any current or former Agency official who—
holds or held a position in the Agency that is subject to appointment by the President, by and with the advice and consent of the Senate, including such a position held on an acting basis; or
holds or held the position in the Agency, including such a position held on an acting basis, of—
Deputy Director;
Associate Deputy Director;
Director of the National Clandestine Service;
Director of Intelligence;
Director of Support; or
Director of Science and Technology.
a matter requires a report by the Inspector General to the Department of Justice on possible criminal conduct by a current or former Agency official described or referred to in subparagraph (B);
the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible criminal conduct of any of the officials described in subparagraph (B); or
the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, or audit,
Pursuant to Title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.], the Director shall submit to the intelligence committees any report or findings and recommendations of an inspection, investigation, or audit conducted by the office which has been requested by the Chairman or Ranking Minority Member of either committee.
An employee of the Agency, or of a contractor to the Agency, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information in writing to the Inspector General.
The Inspector General shall—
provide reasonable support necessary to ensure that an employee can report a complaint or information under this subparagraph in writing; and
if such submission is not feasible, create a written record of the employee’s verbal complaint or information and treat such written record as a written submission.
In accordance with clause (ii), the Inspector General shall determine whether a complaint or information reported under subparagraph (A) appears credible. Upon making such a determination, the Inspector General shall transmit to the Director a notice of that determination, together with the complaint or information.
The Inspector General shall make the determination under clause (i) with respect to a complaint or information under subparagraph (A) by not later than the end of the 14-calendar-day period beginning on the date on which the employee who reported the complaint or information confirms to the Inspector General the intent of the employee to report to Congress that complaint or information.
If the Director determines that a complaint or information transmitted under subparagraph (A) would create a conflict of interest for the Director, the Director shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence. In such a case, the requirements of this subsection for the Director of the Central Intelligence Agency apply to the Director of National Intelligence.
Upon receipt of a transmittal from the Inspector General under subparagraph (B), the Director shall, within 7 calendar days of such receipt, forward such transmittal to the intelligence committees, together with any comments the Director considers appropriate.
If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the intelligence committees directly.
The employee may contact the intelligence committees directly as described in clause (i) only if the employee—
before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact the intelligence committees directly; and
obtains and follows from the Director, through the Inspector General, direction on how to contact the intelligence committees in accordance with appropriate security practices.
A member or employee of one of the intelligence committees who receives a complaint or information under clause (i) does so in that member or employee’s official capacity as a member or employee of that committee.
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.
An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.
In this paragraph:
The term “urgent concern” means any of the following:
A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operations of an intelligence activity of the Federal Government that is—
a matter of national security; and
not a difference of opinion concerning public policy matters.
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.
An action, including a personnel action described in section 2302(a)(2)(A) of title 5, constituting reprisal or threat of reprisal prohibited under subsection (e)(3)(B) in response to an employee’s reporting an urgent concern in accordance with this paragraph.
The term “intelligence committees” means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
The term “employee” includes a former employee or former contractor, if the complaint or information reported under subparagraph (A) arises from or relates to the period during which the former employee or former contractor was an employee or contractor, as the case may be.
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.
An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made.
The Inspector General shall have direct and prompt access to the Director when necessary for any purpose pertaining to the performance of his duties.
The Inspector General shall have access to any employee or any employee of a contractor of the Agency whose testimony is needed for the performance of his duties. In addition, he shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to the programs and operations with respect to which the Inspector General has responsibilities under this section. Failure on the part of any employee or contractor to cooperate with the Inspector General shall be grounds for appropriate administrative actions by the Director, to include loss of employment or the termination of an existing contractual relationship.
The Inspector General is authorized to receive and investigate complaints or information from any person concerning the existence of an activity constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the Agency—
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
no action constituting a reprisal, or threat of reprisal, for making such complaint or providing such information may be taken by any employee of the Agency in a position to take such actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
An individual may disclose classified information to the Inspector General in accordance with the applicable security standards and procedures established under section 3024 or 3162a of this title, chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.), Executive Order 13526 (50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law.
A disclosure under clause (i) of classified information made by an individual without appropriate clearance or authority to access such classified information at the time of the disclosure, but that is otherwise made in accordance with applicable security standards and procedures, shall be treated as an authorized disclosure that does not violate a covered provision.
Nothing in clause (ii) may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with applicable security guidance and procedures, including with respect to the removal or retention of classified information.
In this subparagraph, the term “covered provision” means—
any otherwise applicable nondisclosure agreement;
any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) or Executive Order 13526;
section 798 of title 18; or
any other provision of law with respect to the unauthorized disclosure of national security information.
The Inspector General shall have authority to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of his duties, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal.
Except as provided in subparagraph (B), the Inspector General is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information or any tangible thing) and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.
In the case of Government agencies, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.
The Inspector General may not issue a subpoena for or on behalf of any other element or component of the Agency.
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.
The Inspector General shall be provided with appropriate and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.
Subject to applicable law and the policies of the Director, the Inspector General shall select, appoint and employ such officers and employees as may be necessary to carry out his functions. In making such selections, the Inspector General shall ensure that such officers and employees have the requisite training and experience to enable him to carry out his duties effectively. In this regard, the Inspector General shall create within his organization a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of his duties.
Consistent with budgetary and personnel resources allocated by the Director, the Inspector General has final approval of—
the selection of internal and external candidates for employment with the Office of Inspector General; and
all other personnel decisions concerning personnel permanently assigned to the Office of Inspector General, including selection and appointment to the Senior Intelligence Service, but excluding all security-based determinations that are not within the authority of a head of other Central Intelligence Agency offices.
The Inspector General may designate an officer or employee appointed in accordance with subparagraph (A) as a law enforcement officer solely for purposes of subchapter III of chapter 83 or chapter 84 of title 5 if such officer or employee is appointed to a position with responsibility for investigating suspected offenses against the criminal laws of the United States.
In carrying out clause (i), the Inspector General shall ensure that any authority under such clause is exercised in a manner consistent with section 3307 of title 5 as it relates to law enforcement officers.
For purposes of applying sections 3307(d), 8335(b), and 8425(b) of title 5, the Inspector General may exercise the functions, powers, and duties of an agency head or appointing authority with respect to the Office.
The Inspector General shall—
appoint a Counsel to the Inspector General who shall report to the Inspector General; or
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.
The counsel appointed or obtained under subparagraph (A) shall perform such functions as the Inspector General may prescribe.
The Inspector General may request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General provided by this section from any Federal, State, or local governmental agency or unit thereof.
Upon request of the Inspector General for information or assistance from a department or agency of the Federal Government, the head of the department or agency involved, insofar as practicable and not in contravention of any existing statutory restriction or regulation of such department or agency, shall furnish to the Inspector General, or to an authorized designee, such information or assistance.
Nothing in this paragraph may be construed to provide any new authority to the Central Intelligence Agency to conduct intelligence activity in the United States.
In this paragraph, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
Beginning with fiscal year 1991, and in accordance with procedures to be issued by the Director of National Intelligence in consultation with the intelligence committees, the Director of National Intelligence shall include in the National Intelligence Program budget a separate account for the Office of Inspector General established pursuant to this section.
For each fiscal year, the Inspector General shall transmit a budget estimate and request through the Director to the Director of National Intelligence that specifies for such fiscal year—
the aggregate amount requested for the operations of the Inspector General;
the amount requested for all training requirements of the Inspector General, including a certification from the Inspector General that the amount requested is sufficient to fund all training requirements for the Office; and
the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount.
In transmitting a proposed budget to the President for a fiscal year, the Director of National Intelligence shall include for such fiscal year—
the aggregate amount requested for the Inspector General of the Central Intelligence Agency;
the amount requested for Inspector General training;
the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and
the comments of the Inspector General, if any, with respect to such proposed budget.
The Director of National Intelligence shall submit to the Committee on Appropriations and the Select Committee on Intelligence of the Senate and the Committee on Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives for each fiscal year—
a separate statement of the budget estimate transmitted pursuant to paragraph (2);
the amount requested by the Director of National Intelligence for the Inspector General pursuant to paragraph (3)(A);
the amount requested by the Director of National Intelligence for training of personnel of the Office of the Inspector General pursuant to paragraph (3)(B);
the amount requested by the Director of National Intelligence for support for the Council of the Inspectors General on Integrity and Efficiency pursuant to paragraph (3)(C); and
the comments of the Inspector General under paragraph (3)(D), if any, on the amounts requested pursuant to paragraph (3), including whether such amounts would substantially inhibit the Inspector General from performing the duties of the Office.
There shall be transferred to the Office the office of the Agency referred to as the “Office of Inspector General.” The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, or available to such “Office of Inspector General” are hereby transferred to the Office established pursuant to this section.
The Director of the Central Intelligence Agency shall establish and maintain on the homepage of the Agency’s publicly accessible website information relating to the Office of the Inspector General including methods to contact the Inspector General.
The information referred to in paragraph (1) shall be obvious and facilitate accessibility to the information related to the Office of the Inspector General.
Amendment by section 5203(c) of Pub. L. 117–263 effective Dec. 23, 2022, except that such amendment to take effect 30 days after Dec. 23, 2022, with respect to an individual performing the functions and duties of an Inspector General temporarily in an acting capacity, see section 5203(e) of Pub. L. 117–263, set out as a note under section 403 of Title 5, Government Organization and Employees.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 115–31, div. N, title IV, § 412(b), May 5, 2017, 131 Stat. 821, provided that:
“Subparagraph (C) of section 17(e)(7) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(7) ), as added by subsection (a), may not be construed to confer on the Inspector General of the Central Intelligence Agency, or any other officer or employee of the Agency, any police or law enforcement or internal security functions or authorities.”
Pub. L. 111–259, title IV, § 425(f)(2), Oct. 7, 2010, 124 Stat. 2729, provided that:
“Nothing in the amendment made by paragraph (1)(C) [amending this section] shall be construed to alter the duties and responsibilities of the General Counsel of the Central Intelligence Agency.”
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 4th item on page 156, relating to the transmittal of semiannual reports to the intelligence committees, identifies a reporting provision which, as subsequently amended, is contained in subsec. (d)(1) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Notwithstanding any provision of chapter 83 of title 5, the annuity under subchapter III of such chapter of an officer or employee of the Central Intelligence Agency who retires on or after October 1, 1989 , is not designated under section 2013 of this title , and has served abroad as an officer or employee of the Agency on or after January 1, 1987 , shall be computed as provided in subsection (b).
The portion of the annuity relating to such service abroad that is actually performed at any time during the officer’s or employee’s first ten years of total service shall be computed at the rate and using the percent of average pay specified in section 8339(a)(3) of title 5 that is normally applicable only to so much of an employee’s total service as exceeds ten years.
The portion of the annuity relating to service abroad as described in subsection (a) but that is actually performed at any time after the officer’s or employee’s first ten years of total service shall be computed as provided in section 8339(a)(3) of title 5; but, in addition, the officer or employee shall be deemed for annuity computation purposes to have actually performed an equivalent period of service abroad during his or her first ten years of total service, and in calculating the portion of the officer’s or employee’s annuity for his or her first ten years of total service, the computation rate and percent of average pay specified in paragraph (1) shall also be applied to the period of such deemed or equivalent service abroad.
The portion of the annuity relating to other service by an officer or employee as described in subsection (a) shall be computed as provided in the provisions of section 8339(a) of title 5 that would otherwise be applicable to such service.
For purposes of this subsection, the term “total service” has the meaning given such term under chapter 83 of title 5.
The provisions of subsection (a) of this section shall not apply to an officer or employee of the Central Intelligence Agency who would otherwise be entitled to a greater annuity computed under an otherwise applicable subsection of section 8339 of title 5 .
Amendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title.
The special accrual rates provided by section 2153 of this title and by section 3518 of this title for computation of the annuity of an individual who has served abroad as an officer or employee of the Central Intelligence Agency shall be used to compute that portion of the annuity of such individual relating to such service abroad whether or not the individual is employed by the Central Intelligence Agency at the time of retirement from Federal service.
Notwithstanding any other provision of law, an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83 of title 5 who—
shall, upon his own application or upon order of the Director, be retired on an annuity computed in accordance with the rules prescribed in section 2051 of this title, in lieu of an annuity computed as provided by section 8337 of title 5.
has five years of civilian service credit toward retirement under such subchapter III of chapter 83, title 5;
has not been designated under section 2013 of this title as a participant in the Central Intelligence Agency Retirement and Disability System;
has become disabled during a period of assignment to the performance of duties that are qualifying toward such designation under such section 2013 of this title; and
satisfies the requirements for disability retirement under section 8337 of title 5—
Notwithstanding any other provision of law, in the case of an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83, title 5, who—
such surviving spouse, former spouse, or child of such officer or employee shall be entitled to an annuity computed in accordance with section 2052 of this title, in lieu of an annuity computed in accordance with section 8341 of title 5.
has at least eighteen months of civilian service credit toward retirement under such subchapter III of chapter 83, title 5;
has not been designated under section 2013 of this title,1 as a participant in the Central Intelligence Agency Retirement and Disability System;
prior to separation or retirement from the Agency, dies during a period of assignment to the performance of duties that are qualifying toward such designation under such section 2013 of this title; and
The annuities provided under subsections (a) and (b) of this section shall be deemed to be annuities under chapter 83 of title 5 for purposes of the other provisions of such chapter and other laws (including title 26) relating to such annuities, and shall be payable from the Central Intelligence Agency Retirement and Disability Fund maintained pursuant to section 2012 of this title .
Amendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title.
For purposes of this section—
the term “Director” means the Director of the Central Intelligence Agency; and
the term “employee” means an employee of the Central Intelligence Agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include—
a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5 or another retirement system for employees of the Government; or
an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
In order to avoid or minimize the need for involuntary separations due to downsizing, reorganization, transfer of function, or other similar action, the Director may establish a program under which employees may be offered separation pay to separate from service voluntarily (whether by retirement or resignation). An employee who receives separation pay under such program may not be reemployed by the Central Intelligence Agency for the 12-month period beginning on the effective date of the employee’s separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after March 30, 1994 , and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the Central Intelligence Agency. If the employment is with an Executive agency (as defined by section 105 of title 5 ), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
An employee may not be separated from service under this section unless the employee agrees that the employee will not—
during the 12-month period beginning on the effective date of the employee’s separation from service.
act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to the Central Intelligence Agency; or
participate in any manner in the award, modification, extension, or performance of any contract for property or services with the Central Intelligence Agency,
An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section times the proportion of the 12-month period during which the employee was in violation of the agreement.
Under this program, separation pay may be offered only—
with the prior approval of the Director; and
to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.
Such separation pay—
shall be paid in a lump sum;
shall be equal to the lesser of—
an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, if the employee were entitled to payment under such section; or
$25,000;
shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
shall not be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5 based on any other separation.
The Director shall prescribe such regulations as may be necessary to carry out this section.
The Director may not make an offering of voluntary separation pay pursuant to this section until 30 days after submitting to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report describing the occupational groups or geographic locations, or other similar limitations or conditions, required by the Director under subsection (d).
At the end of each of the fiscal years 1993 through 1997, the Director shall submit to the President and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on the effectiveness and costs of carrying out this section.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 104–293, title IV, § 402, Oct. 11, 1996, 110 Stat. 3468, which authorized the Director of Central Intelligence to prescribe regulations requiring each employee of the Central Intelligence Agency designated by the Director for such purpose to sign a written agreement restricting the activities of the employee upon ceasing employment with the Central Intelligence Agency, was repealed by Pub. L. 117–263, div. F, title LXIII, § 6301(f), Dec. 23, 2022, 136 Stat. 3501.
In this section:
The term “covered dependent” means a family member (as defined by the Director) of a covered employee who, on or after September 11, 2001—
accompanies the covered employee to an assigned duty station in a foreign country; and
becomes injured by reason of a qualifying injury.
The term “covered employee” means an officer or employee of the Central Intelligence Agency who, on or after September 11, 2001 , becomes injured by reason of a qualifying injury.
The term “covered individual” means an individual who—
is detailed to the Central Intelligence Agency from other agencies of the United States Government or from the Armed Forces; or
is affiliated with the Central Intelligence Agency, as determined by the Director; and
who, on or after September 11, 2001, becomes injured by reason of a qualifying injury.
The term “qualifying injury” means the following:
With respect to a covered dependent, an injury incurred—
during a period in which the covered dependent is accompanying the covered employee to an assigned duty station in a foreign country;
in connection with war, insurgency, hostile act, terrorist activity, or an incident designated for purposes of this section by the Director; and
that was not the result of the willful misconduct of the covered dependent.
With respect to a covered employee or a covered individual—
an injury incurred—
during a period of assignment to a duty station in a foreign country;
in connection with war, insurgency, hostile act, or terrorist activity; and
that was not the result of the willful misconduct of the covered employee or the covered individual; or
an injury incurred—
in connection with an incident designated for purposes of this section by the Director; and
that was not the result of the willful misconduct of the covered employee or the covered individual.
The Director may increase the amount of monthly compensation paid to a covered employee under section 8105 of title 5. Subject to paragraph (2), the Director may determine the amount of each such increase by taking into account—
the severity of the qualifying injury;
the circumstances by which the covered employee became injured; and
the seniority of the covered employee.
Notwithstanding chapter 81 of title 5, the total amount of monthly compensation increased under paragraph (1) may not exceed the monthly pay of the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of such title.
The Director may pay the costs of treating a qualifying injury of a covered employee, a covered individual, or a covered dependent, or may reimburse a covered employee, a covered individual, or a covered dependent for such costs, that are not otherwise covered by chapter 81 of title 5, or other provision of Federal law.
In this subsection:
The term “covered dependent” has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country.
The term “qualifying injury” has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country.
Notwithstanding any other provision of law but subject to paragraph (3), the Director may provide payment to a covered dependent, a covered employee, and a covered individual for a qualifying injury to the brain.
Payment under paragraph (2) in a fiscal year may be made using any funds—
appropriated specifically for payments under such paragraph; or
reprogrammed in accordance with section 3094 of this title.
For each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31 an estimate of the funds required in that fiscal year to make payments under paragraph (2).
The Director shall prescribe regulations to carry out this subsection.
The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2).
Payments made under paragraph (2) are supplemental to any other benefit furnished by the United States Government for which a covered dependent, covered employee, or covered individual is entitled, and the receipt of such payments may not affect the eligibility of such a person to any other benefit furnished by the United States Government.
Without regard to the requirements in sections (b) and (c), covered employees need not first seek benefits provided under chapter 81 of title 5 to be eligible solely for payment authorized under paragraph (2) of this subsection.
Pub. L. 117–46, § 2(c), Oct. 8, 2021, 135 Stat. 392, provided that:
“Payment under subsection (d) of such section [meaning 50 U.S.C. 3519b(d) ], as added by subsection (b) of this section, may be made available for a qualifying injury to the brain that occurs before, on, or after the date of the enactment of this Act [ Oct. 8, 2021 ] as the Director of the Central Intelligence Agency considers appropriate.”
[For definition of “qualifying injury” as used in section 2(c) of Pub. L. 117–46, set out above, see section 2(a) of Pub. L. 117–46, set out below.]
Pub. L. 116–92, div. E, title LXIV, § 6412(c), Dec. 20, 2019, 133 Stat. 2198, provided that:
“Section 19A of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3519b ], as added by subsection (a), shall apply with respect to— “(1) payments made to covered employees (as defined in such section) under section 8105 of title 5 , United States Code, beginning on or after the date of the enactment of this Act [ Dec. 20, 2019 ]; and “(2) treatment described in subsection (b) of such section 19A occurring on or after the date of the enactment of this Act.”
Pub. L. 118–31, div. G, title VIII, § 7802(b), Dec. 22, 2023, 137 Stat. 1103, provided that:
“Not later than 90 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of the Central Intelligence Agency shall— “(1) revise applicable regulations to conform with the amendment made by subsection (a) [amending this section]; and “(2) 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 copies of such regulations, as revised pursuant to paragraph (1).”
[For definition of “congressional intelligence committees” as used in section 7802(b) of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 117–46, § 2(e), Oct. 8, 2021, 135 Stat. 393, provided that:
“(1) In general .— Not later than 180 days after the date of the enactment of this Act [ Oct. 8, 2021 ], the Director shall prescribe regulations required under section 19A(d)(4)(A) of such Act [meaning act June 20, 1949 , 50 U.S.C. 3519b(d)(4)(A) ], as added by subsection (b) of this section. “(2) Notice to congress .— Not later than 210 days after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1).”
[For definition of “appropriate congressional committees” as used in section 2(e) of Pub. L. 117–46, set out above, see section 2(a) of Pub. L. 117–46, set out below.]
Pub. L. 116–92, div. E, title LXIV, § 6412(b), Dec. 20, 2019, 133 Stat. 2198, provided that:
“Not later than 120 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Director of the Central Intelligence Agency shall— “(1) prescribe regulations ensuring the fair and equitable implementation of section 19A of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3519b ], as added by subsection (a); and “(2) submit to the congressional intelligence committees such regulations.”
[For definition of “congressional intelligence committees” as used in section 6412(b) of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]
Pub. L. 118–31, div. G, title VIII, § 7803, Dec. 22, 2023, 137 Stat. 1103, provided that:
“(a) Regulations .— Except as provided in subsection (c), not later than 180 days after the date of the enactment of this Act [ Dec. 22, 2023 ], each head of an element of the intelligence community that has not already done so shall— “(1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) ) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i) ) to provide payments under such sections, to the degree that such authorities are applicable to the head of the element; and “(2) submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations. “(b) Reporting .— Not later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on— “(1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1); “(2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and “(3) any perceived barriers or concerns in implementing such authorities. “(c) Alternative Reporting .— Not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives to explain this position.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 7803 of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Pub. L. 117–46, § 2(a), Oct. 8, 2021, 135 Stat. 391, provided that:
“(a) Definitions .— In this section [amending this section and enacting provisions set out as notes above]: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ mean— “(A) the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )); “(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and “(C) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives. “(2) Covered dependent .— The term ‘covered dependent’ has the meaning given such term in subsection (d)(1) of section 19 [probably should be “19A”] of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519 ) [ 50 U.S.C. 3519b ], as added by subsection (b). “(3) Covered employee .— The term ‘covered employee’ has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(a) ). “(4) Covered individual .— The term ‘covered individual’ has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(a) ). “(5) Qualifying injury .— The term ‘qualifying injury’ has the meaning given such term in subsection (d)(1) of section 19 [probably should be “19A”] of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519 ) [ 50 U.S.C. 3519b ], as added by subsection (b).”
There is a General Counsel of the Central Intelligence Agency, appointed from civilian life by the President, by and with the advice and consent of the Senate.
The General Counsel is the chief legal officer of the Central Intelligence Agency.
The General Counsel of the Central Intelligence Agency shall perform such functions as the Director may prescribe.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 104–293, title VIII, § 813(b), Oct. 11, 1996, 110 Stat. 3483, provided that:
“The requirement established by section 20 of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3520 ], as added by subsection (a), for the appointment by the President, by and with the advice and consent of the Senate, of an individual to the position of General Counsel of the Central Intelligence Agency shall apply as follows: “(1) To any vacancy in such position that occurs after the date of the enactment of this Act [ Oct. 11, 1996 ]. “(2) To the incumbent serving in such position on the date of the enactment of this Act as of the date that is six months after such date of enactment, if such incumbent has served in such position continuously between such date of enactment and the date that is six months after such date of enactment.”
The Director may carry out a program under which elements of the Agency provide items and services on a reimbursable basis to other elements of the Agency, nonappropriated fund entities or instrumentalities associated or affiliated with the Agency, and other Government agencies. The Director shall carry out the program in accordance with the provisions of this section.
In order to carry out the program, the Director shall—
designate the elements of the Agency that are to provide items or services under the program (in this section referred to as “central service providers”);
specify the items or services to be provided under the program by such providers;
assign to such providers for purposes of the program such inventories, equipment, and other assets (including equipment on order) as the Director determines necessary to permit such providers to provide items or services under the program; and
authorize such providers to make known their services to the entities specified in subsection (a) through Government communication channels.
The designation of elements and the specification of items and services under paragraph (1) shall be subject to the approval of the Director of the Office of Management and Budget.
The authority in paragraph (1)(D) does not include the authority to distribute gifts or promotional items.
There is established a fund to be known as the Central Services Working Capital Fund (in this section referred to as the “Fund”). The purpose of the Fund is to provide sums for activities under the program.
There shall be deposited in the Fund the following:
Amounts appropriated to the Fund.
Amounts credited to the Fund from payments received by central service providers under subsection (e).
Fees imposed and collected under subsection (f)(1).
Amounts received in payment for loss or damage to equipment or property of a central service provider as a result of activities under the program.
Other receipts from the sale or exchange of equipment, recyclable materials, or property of a central service provider as a result of activities under the program.
Receipts from individuals in reimbursement for utility services and meals provided under the program.
Receipts from individuals for the rental of property and equipment under the program.
Such other amounts as the Director is authorized to deposit in or transfer to the Fund.
Amounts in the Fund shall be available, without fiscal year limitation, for the following purposes:
To pay the costs of providing items or services under the program.
To pay the costs of carrying out activities under subsections (b)(1)(D) and (f)(2).
The total value of all orders for items or services to be provided under the program in any fiscal year may not exceed an amount specified in advance by the Director of the Office of Management and Budget.
A Government agency provided items or services under the program shall pay the central service provider concerned for such items or services an amount equal to the costs incurred by the provider in providing such items or services plus any fee imposed under subsection (f). In calculating such costs, the Director shall take into account personnel costs (including costs associated with salaries, annual leave, and workers’ compensation), plant and equipment costs (including depreciation of plant and equipment other than structures owned by the Agency), operation and maintenance expenses, amortized costs, and other expenses.
Payment for items or services under paragraph (1) may take the form of an advanced payment by an agency from appropriations available to such agency for the procurement of such items or services.
The Director may permit a central service provider to impose and collect a fee with respect to the provision of an item or service under the program. The amount of the fee may not exceed an amount equal to four percent of the payment received by the provider for the item or service.
The Director may obligate and expend amounts in the Fund that are attributable to the fees imposed and collected under paragraph (1) to acquire equipment or systems for, or to improve the equipment or systems of, central service providers and any elements of the Agency that are not designated for participation in the program in order to facilitate the designation of such elements for future participation in the program.
Subject to paragraph (2), the Director of the Central Intelligence Agency and the Director of the Office of Management and Budget, acting jointly—
may terminate the program under this section and the Fund at any time; and
upon such termination, shall provide for the disposition of the personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the program or the Fund.
The Director of the Central Intelligence Agency and the Director of the Office of Management and Budget may not undertake any action under paragraph (1) until 60 days after the date on which the Directors jointly submit notice of such action to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 118–47, div. A, title VIII, § 8043, Mar. 23, 2024, 138 Stat. 492, provided in part:
“That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended”.
Similar provisions were contained in the following appropriation acts:
Pub. L. 119–75, div. A, title VIII, § 8043, Feb. 3, 2026, 140 Stat. 208.
Pub. L. 117–328, div. C, title VIII, § 8043, Dec. 29, 2022, 136 Stat. 4596.
Pub. L. 117–103, div. C, title VIII, § 8045, Mar. 15, 2022, 136 Stat. 184.
Pub. L. 116–260, div. C, title VIII, § 8038, Dec. 27, 2020, 134 Stat. 1312.
Pub. L. 116–93, div. A, title VIII, § 8038, Dec. 20, 2019, 133 Stat. 2344.
Pub. L. 115–245, div. A, title VIII, § 8036, Sept. 28, 2018, 132 Stat. 3008.
Pub. L. 115–141, div. C, title VIII, § 8035, Mar. 23, 2018, 132 Stat. 471.
Pub. L. 115–31, div. C, title VIII, § 8036, May 5, 2017, 131 Stat. 254.
Pub. L. 114–113, div. C, title VIII, § 8035, Dec. 18, 2015, 129 Stat. 2358.
Pub. L. 113–235, div. C, title VIII, § 8033, Dec. 16, 2014, 128 Stat. 2260.
Pub. L. 113–76, div. C, title VIII, § 8032, Jan. 17, 2014, 128 Stat. 111.
Pub. L. 113–6, div. C, title VIII, § 8032, Mar. 26, 2013, 127 Stat. 304.
Pub. L. 112–74, div. A, title VIII, § 8032, Dec. 23, 2011, 125 Stat. 812.
Pub. L. 112–10, div. A, title VIII, § 8033, Apr. 15, 2011, 125 Stat. 64.
Pub. L. 111–118, div. A, title VIII, § 8035, Dec. 19, 2009, 123 Stat. 3436.
Pub. L. 110–329, div. C, title VIII, § 8035, Sept. 30, 2008, 122 Stat. 3629.
Pub. L. 110–116, div. A, title VIII, § 8035, Nov. 13, 2007, 121 Stat. 1322.
Pub. L. 109–289, div. A, title VIII, § 8033, Sept. 29, 2006, 120 Stat. 1281.
Pub. L. 109–148, div. A, title VIII, § 8038, Dec. 30, 2005, 119 Stat. 2707.
Pub. L. 108–287, title VIII, § 8042, Aug. 5, 2004, 118 Stat. 979.
Pub. L. 108–87, title VIII, § 8042, Sept. 30, 2003, 117 Stat. 1081.
Pub. L. 107–248, title VIII, § 8042, Oct. 23, 2002, 116 Stat. 1546.
Pub. L. 107–117, div. A, title VIII, § 8045, Jan. 10, 2002, 115 Stat. 2257.
Pub. L. 106–259, title VIII, § 8045, Aug. 9, 2000, 114 Stat. 684.
Pub. L. 106–79, title VIII, § 8048, Oct. 25, 1999, 113 Stat. 1241.
Pub. L. 105–262, title VIII, § 8048, Oct. 17, 1998, 112 Stat. 2307.
The Director may—
detail any personnel of the Agency on a reimbursable basis indefinitely to the National Reconnaissance Office without regard to any limitation under law on the duration of details of Federal Government personnel; and
hire personnel for the purpose of any detail under paragraph (1).
In this section—
the term “designated employee” means an employee designated by the Director of the Central Intelligence Agency under subsection (b); and
the term “Federal retirement system” includes the Central Intelligence Agency Retirement and Disability System, and the Federal Employees’ Retirement System (including the Thrift Savings Plan).
Notwithstanding any other provision of law, the Director of the Central Intelligence Agency may exercise the authorities under this section in order to—
protect from unauthorized disclosure—
intelligence operations;
the identities of undercover intelligence officers;
intelligence sources and methods; or
intelligence cover mechanisms; or
meet the special requirements of work related to collection of foreign intelligence or other authorized activities of the Agency.
The Director of the Central Intelligence Agency may designate any employee of the Agency who is under nonofficial cover to be an employee to whom this section applies. Such designation may be made with respect to any or all authorities exercised under this section.
The Director of the Central Intelligence Agency may pay a designated employee salary, allowances, and other benefits in an amount and in a manner consistent with the nonofficial cover of that employee, without regard to any limitation that is otherwise applicable to a Federal employee. A designated employee may accept, utilize, and, to the extent authorized by regulations prescribed under subsection (i), retain any salary, allowances, and other benefits provided under this section.
The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee retirement system for designated employees (and the spouse, former spouses, and survivors of such designated employees). A designated employee may not participate in the retirement system established under this paragraph and another Federal retirement system at the same time.
A designated employee participating in the retirement system established under paragraph (1) may convert to coverage under the Federal retirement system which would otherwise apply to that employee at any appropriate time determined by the Director of the Central Intelligence Agency (including at the time of separation of service by reason of retirement), if the Director of the Central Intelligence Agency determines that the employee’s participation in the retirement system established under this subsection is no longer necessary to protect from unauthorized disclosure—
intelligence operations;
the identities of undercover intelligence officers;
intelligence sources and methods; or
intelligence cover mechanisms.
Upon a conversion under this paragraph—
all periods of service under the retirement system established under this subsection shall be deemed periods of creditable service under the applicable Federal retirement system;
the Director of the Central Intelligence Agency shall transmit an amount for deposit in any applicable fund of that Federal retirement system that—
is necessary to cover all employee and agency contributions including—
interest as determined by the head of the agency administering the Federal retirement system into which the employee is converting; or
in the case of an employee converting into the Federal Employees’ Retirement System, interest as determined under section 8334(e) of title 5; and
ensures that such conversion does not result in any unfunded liability to that fund; and
in the case of a designated employee who participated in an employee investment retirement system established under paragraph (1) and is converted to coverage under subchapter III of chapter 84 of title 5, the Director of the Central Intelligence Agency may transmit any or all amounts of that designated employee in that employee investment retirement system (or similar part of that retirement system) to the Thrift Savings Fund.
Amounts described under subparagraph (B)(ii) shall be paid from the fund or appropriation used to pay the designated employee.
The Director of the Central Intelligence Agency may use amounts contributed by the designated employee to a retirement system established under paragraph (1) to offset amounts paid under clause (i).
The Director of the Central Intelligence Agency shall transmit all necessary records relating to a designated employee who converts to a Federal retirement system under this paragraph (including records relating to periods of service which are deemed to be periods of creditable service under subparagraph (B)) to the head of the agency administering that Federal retirement system.
The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee health insurance program for designated employees (and the family of such designated employees). A designated employee may not participate in the health insurance program established under this paragraph and the program under chapter 89 of title 5 at the same time.
A designated employee participating in the health insurance program established under paragraph (1) may convert to coverage under the program under chapter 89 of title 5 at any appropriate time determined by the Director of the Central Intelligence Agency (including at the time of separation of service by reason of retirement), if the Director of the Central Intelligence Agency determines that the employee’s participation in the health insurance program established under this subsection is no longer necessary to protect from unauthorized disclosure—
intelligence operations;
the identities of undercover intelligence officers;
intelligence sources and methods; or
intelligence cover mechanisms.
Upon a conversion under this paragraph—
the employee (and family, if applicable) shall be entitled to immediate enrollment and coverage under chapter 89 of title 5;
any requirement of prior enrollment in a health benefits plan under chapter 89 of that title for continuation of coverage purposes shall not apply;
the employee shall be deemed to have had coverage under chapter 89 of that title from the first opportunity to enroll for purposes of continuing coverage as an annuitant; and
the Director of the Central Intelligence Agency shall transmit an amount for deposit in the Employees’ Health Benefits Fund that is necessary to cover any costs of such conversion.
Any amount described under subparagraph (B)(iv) shall be paid from the fund or appropriation used to pay the designated employee.
The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee life insurance program for designated employees (and the family of such designated employees). A designated employee may not participate in the life insurance program established under this paragraph and the program under chapter 87 of title 5 at the same time.
A designated employee participating in the life insurance program established under paragraph (1) may convert to coverage under the program under chapter 87 of title 5 at any appropriate time determined by the Director of the Central Intelligence Agency (including at the time of separation of service by reason of retirement), if the Director of the Central Intelligence Agency determines that the employee’s participation in the life insurance program established under this subsection is no longer necessary to protect from unauthorized disclosure—
intelligence operations;
the identities of undercover intelligence officers;
intelligence sources and methods; or
intelligence cover mechanisms.
Upon a conversion under this paragraph—
the employee (and family, if applicable) shall be entitled to immediate coverage under chapter 87 of title 5;
any requirement of prior enrollment in a life insurance program under chapter 87 of that title for continuation of coverage purposes shall not apply;
the employee shall be deemed to have had coverage under chapter 87 of that title for the full period of service during which the employee would have been entitled to be insured for purposes of continuing coverage as an annuitant; and
the Director of the Central Intelligence Agency shall transmit an amount for deposit in the Employees’ Life Insurance Fund that is necessary to cover any costs of such conversion.
Any amount described under subparagraph (B)(iv) shall be paid from the fund or appropriation used to pay the designated employee.
The Director of the Central Intelligence Agency may exempt a designated employee from mandatory compliance with any Federal regulation, rule, standardized administrative policy, process, or procedure that the Director of the Central Intelligence Agency determines—
would be inconsistent with the nonofficial cover of that employee; and
could expose that employee to detection as a Federal employee.
Notwithstanding any other provision of law, a designated employee—
shall file a Federal or State tax return as if that employee is not a Federal employee and may claim and receive the benefit of any exclusion, deduction, tax credit, or other tax treatment that would otherwise apply if that employee was not a Federal employee, if the Director of the Central Intelligence Agency determines that taking any action under this paragraph is necessary to—
protect from unauthorized disclosure—
intelligence operations;
the identities of undercover intelligence officers;
intelligence sources and methods; or
intelligence cover mechanisms; and
meet the special requirements of work related to collection of foreign intelligence or other authorized activities of the Agency; and
shall receive social security benefits based on the social security contributions made.
The Director of the Central Intelligence Agency shall establish procedures to carry out this subsection. The procedures shall be subject to periodic review by the Internal Revenue Service.
The Director of the Central Intelligence Agency shall prescribe regulations to carry out this section. The regulations shall ensure that the combination of salary, allowances, and benefits that an employee designated under this section may retain does not significantly exceed, except to the extent determined by the Director of the Central Intelligence Agency to be necessary to exercise the authority in subsection (b), the combination of salary, allowances, and benefits otherwise received by Federal employees not designated under this section.
Any determinations authorized by this section to be made by the Director of the Central Intelligence Agency or the Director’s designee shall be final and conclusive and shall not be subject to review by any court.
No law enacted after the effective date of this section shall affect the authorities and provisions of this section unless such law specifically refers to this section.
The Associate Director of the Central Intelligence Agency for Military Affairs shall be selected by the Secretary of Defense, with the concurrence of the Director of the Central Intelligence Agency, from among commissioned officers of the Armed Forces who are general or flag officers.
In order to improve the provision of support to, and the receipt of support from, the Central Intelligence Agency, and to improve deconfliction of the activities of the Central Intelligence Agency and the Department of Defense, the Secretary of Defense and the Under Secretary of Defense for Intelligence 1 shall ensure that the Associate Director of the Central Intelligence Agency for Military Affairs has access to, and support from, offices, agencies, and programs of the Department necessary for the purposes of the Associate Director as follows:
To facilitate and coordinate Department of Defense support for the Central Intelligence Agency requested by the Director of the Central Intelligence Agency and approved by the Secretary, including oversight of Department of Defense military and civilian personnel detailed or assigned to the Central Intelligence Agency.
To prioritize, communicate, and coordinate Department of Defense requests for, and the provision of support to, the Department of Defense from the Central Intelligence Agency, including support requested by and provided to the commanders of the combatant commands and subordinate task forces and commands.
The Under Secretary shall develop and supervise the implementation of policies to integrate and communicate Department of Defense requirements and requests for support from the Central Intelligence Agency that are coordinated by the Associate Director pursuant to paragraph (1)(B).
Under Secretary of Defense for Intelligence redesignated and references deemed to refer to Under Secretary of Defense for Intelligence and Security, see section 1621(a) of Pub. L. 116–92, set out as a note under section 137 of Title 10, Armed Forces.
There is established in the Agency an Office of the Ombudsman for Analytic Objectivity (in this section referred to as the “Office”).
The Office shall be headed by an Ombudsman, who shall be appointed by the Director from among current or former senior staff officers of the Agency.
The Ombudsman shall—
on an annual basis, conduct a survey of analytic objectivity among officers and employees of the Agency;
implement a procedure by which any officer or employee of the Agency may submit to the Office a complaint alleging politicization, bias, lack of objectivity, or other issues relating to a failure of tradecraft in analysis conducted by the Agency;
except as provided in paragraph (4), upon receiving a complaint submitted pursuant to paragraph (2), take reasonable action to investigate the complaint, make a determination as to whether the incident described in the complaint involved politicization, bias, or lack of objectivity, and prepare a report that—
summarizes the facts relevant to the complaint;
documents the determination of the Ombudsman with respect to the complaint; and
contains a recommendation for remedial action;
if a complaint submitted pursuant to paragraph (2) alleges politicization, bias, or lack of objectivity in the collection of intelligence information, refer the complaint to the official responsible for supervising collection operations of the Agency; and
continuously monitor changes in areas of analysis that the Ombudsman determines involve a heightened risk of politicization, bias, or lack of objectivity, to ensure that any change in the analytic line arises from proper application of analytic tradecraft and not as a result of politicization, bias, or lack of objectivity.
On an annual basis, the Ombudsman shall submit to the intelligence committees a report on the results of the survey conducted pursuant to subsection (b)(1) with respect to the most recent fiscal year.
On an annual basis, the Ombudsman shall submit to the intelligence committees a report that includes—
the number of complaints of submitted pursuant to subsection (b)(2) during the most recent fiscal year; and
a description of the nature of such complaints, the actions taken by the Office or any other relevant element or component of the Agency with respect to such complaints, and the resolution of such complaints.
On a quarterly basis, the Ombudsman shall submit to the intelligence committees a report that includes—
a list of the areas of analysis monitored during the most recent calendar quarter pursuant to subsection (b)(5); and
a brief description of the methods by which the Office has conducted such monitoring.
In this section, the term “intelligence committees” means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Pub. L. 116–260, div. W, title IV, § 401(b), Dec. 27, 2020, 134 Stat. 2377, provided that:
“Any reference in any law, regulation, map, document, paper, or other record of the United States to the Ombudsman for Analytic and Collection Objectivity of the Central Intelligence Agency shall be deemed to be a reference to the Office of the Ombudsman for Analytic Objectivity of the Central Intelligence Agency established by section 24(a) [ 50 U.S.C. 3525(a) ] of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3501 et seq.), as added by subsection (a).”
In this section:
The term “eligible entity” includes a department or agency of the Federal Government, a State, a political subdivision of a State, an individual, and a not-for-profit or other organization in the private sector.
The term “educational institution” includes any public or private elementary school or secondary school, institution of higher education, college, university, or any other profit or nonprofit institution that is dedicated to improving science, technology, engineering, the arts, mathematics, business, law, medicine, or other fields that promote development and education relating to science, technology, engineering, the arts, or mathematics.
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
The Director shall, on a continuing basis—
identify actions that the Director may take to improve education in the scientific, technology, engineering, arts, and mathematics (known as “STEAM”) skills necessary to meet the long-term national security needs of the United States for personnel proficient in such skills; and
establish and conduct programs to carry out such actions.
The Director, in support of educational programs in science, technology, engineering, the arts, and mathematics, may—
award grants to eligible entities;
provide cash awards and other items to eligible entities;
accept voluntary services from eligible entities;
support national competition judging, other educational event activities, and associated award ceremonies in connection with such educational programs; and
enter into one or more education partnership agreements with educational institutions in the United States for the purpose of encouraging and enhancing study in science, technology, engineering, the arts, and mathematics disciplines at all levels of education.
Under an education partnership agreement entered into with an educational institution under paragraph (1)(E), the Director may provide assistance to the educational institution by—
loaning equipment to the educational institution for any purpose and duration in support of such agreement that the Director considers appropriate;
making personnel available to teach science courses or to assist in the development of science courses and materials for the educational institution;
providing sabbatical opportunities for faculty and internship opportunities for students;
involving faculty and students of the educational institution in Agency projects, including research and technology transfer or transition projects;
cooperating with the educational institution in developing a program under which students may be given academic credit for work on Agency projects, including research and technology transfer for transition projects; and
providing academic and career advice and assistance to students of the educational institution.
In entering into education partnership agreements under paragraph (1)(E), the Director shall prioritize entering into education partnership agreements with the following:
Historically Black colleges and universities and other minority-serving institutions, as described in section 1067q(a) of title 20.
Educational institutions serving women, members of minority groups, and other groups of individuals who traditionally are involved in the science, technology, engineering, arts, and mathematics professions in disproportionately low numbers.
The Director shall designate one or more individuals within the Agency to advise and assist the Director regarding matters relating to science, technology, engineering, the arts, and mathematics education and training.
There is in the Agency a Chaplain Corps, which shall provide spiritual and religious pastoral services and care across all components of the Agency for employees of all faiths and non-faiths.
The head of the Chaplain Corps shall be the Chief of Chaplains, who shall be appointed by the Director.
The Chief of Chaplains shall report directly to the Director.
The Chief of Chaplains shall—
oversee the Chaplain Corps; and
be the proponent for, and consult with the Director on—
all guidance pertaining to chaplains’ care;
programming and instruction; and
any policy or guidance pertaining to religion or religious accommodation.
All appropriate offices of the Agency shall consult with the Chief of Chaplains on best practices to implement guidance or policy pertaining to religion or religious accommodation.
Chaplains of the Chaplain Corps shall—
be located at the headquarters building of the Agency; and
travel as necessary to provide services to personnel of the Agency.
The Chaplain Corps shall be composed of not less than 6 chaplains, of which—
not less than 3 shall be full-time staff employees of the Agency; and
not less than 3 shall be government contractors.
The Director shall expeditiously fill any vacancies.
A chaplain of the Chaplain Corps shall serve exclusively in the chaplain’s role in the Chaplain Corps.
The Director may appoint and fix the compensation of such chaplains of the Chaplain Corps as the Director considers appropriate, except that the Director may not provide basic pay to any chaplain of the Chaplain Corps at an annual rate of basic pay in excess of the maximum rate of basic pay for grade GS–15 of the General Schedule under section 5332 of title 5 .
The Director shall—
provide security clearances, including one-time read-ins, to chaplains of the Chaplain Corps to ensure that personnel of the Agency can seek unrestricted chaplaincy counseling; and
furnish physical workspace for the Chaplain Corps at the headquarters building of the Agency.
The Director shall implement privacy standards with respect to the physical workspaces of the Chaplain Corps to ensure privacy for individuals visiting such spaces.
The Director may not require a chaplain of the Chaplain Corps to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or religious beliefs of the chaplain or of the ecclesiastical organization that ordains the chaplain.
Not less frequently than annually, the Director shall certify to Congress whether implementation of this section meets the requirements of this section.
Pub. L. 119–60, div. F, title LXV, § 6504(b), Dec. 18, 2025, 139 Stat. 1629, provided that:
“The minimum staffing level required by subsection (d)(1) of section 26 [ 50 U.S.C. 3527(d)(1) ] (as amended by subsection (a)) shall apply on and after the date that is 120 days after the date of the enactment of this Act [ Dec. 18, 2025 ].”
There is in the Agency an Office of Medical Services.
Beginning not later than 1 year after March 15, 2022 , each medical officer of the Office of Medical Services who meets the qualifications under subsection (c) shall be compensated during a pay period pursuant to a pay range that is equal to the pay range published in the Federal Register pursuant to section 7431(e)(1)(C) of title 38 (for the corresponding pay period), for a physician in the Veterans Health Administration in the District of Columbia region with a medical subspecialty that is the equivalent of the medical subspecialty of the officer.
A medical officer meets the qualifications under this subsection if the officer provides direct care services to patients in connection with the official duties of the officer and—
maintains current, active, full, and unrestricted licensure or registration as a physician from a State, the District of Columbia, or a commonwealth or territory of the United States;
holds active board certification and maintains accreditation in an American Board of Medical Specialties direct care clinical specialty; and
except as provided in subsection (d), maintains a minimum of 96 hours per year of clinical practice in an accredited clinic or hospital facility that is not affiliated with the Central Intelligence Agency.
If a medical officer is a medical officer located in a duty station outside of the United States pursuant to a permanent change of station and greater than 50 percent of the official duties of the officer in such duty station involve direct patient care, the officer, in lieu of performing the minimum hours under subsection (c)(3) on an annual basis, may count up to 480 hours of clinical practice performed as specified in such subsection prior to such change of station, to fulfill in advance the requirement under such subsection for up to 3 years.
The head of the Office of Medical Services shall make available to medical officers excused absence time to allow for the maintenance of clinical practice hours in accordance with subsection (c)(3).
The Director shall establish within the Agency a medical advisory board (in this section referred to as the “Board”).
The Board shall—
conduct a study on the Office of Medical Services of the Agency, and submit reports regarding such study, in accordance with subsection (c); and
upon request, provide advice and guidance in connection with any independent review of the Office conducted by an inspector general.
In conducting the study under subsection (b)(1), the Board shall seek to—
contribute to the modernization and reform of the Office of Medical Services;
ensure that the activities of the Office are of the highest professional quality; and
ensure that all medical care provided by the Office is provided in accordance with the highest professional medical standards.
The Board shall submit to the congressional intelligence committees, in writing—
interim reports on the study; and
a final report on the study, which shall—
set forth in detail the findings of the study and the recommendations of the Board, based on such findings and taking into consideration the objectives under paragraph (1), regarding any changes to the activities of the Office of Medical Services; and
include, as applicable, any additional or dissenting views submitted by a member of the Board.
The Board shall be composed of 9 members, appointed as follows:
1 member appointed by the Speaker of the House of Representatives.
1 member appointed by the minority leader of the House of Representatives.
1 member appointed by the majority leader of the Senate.
1 member appointed by the minority leader of the Senate.
1 member appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives.
1 member appointed by the ranking minority member of the Permanent Select Committee on Intelligence of the House of Representatives.
1 member appointed by the Chairman of the Select Committee on Intelligence of the Senate.
1 member appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate.
1 member appointed by the Director of National Intelligence.
During the first meeting under subsection (e)(1), the members of the Board shall elect a Chairperson of the Board. In addition to meeting the criteria under paragraph (3), the Chairperson may not be an employee, or former employee, of the Agency.
The members appointed under paragraph (1) shall meet the following criteria:
Each member shall be a recognized expert in at least 1 medical field, as demonstrated by appropriate credentials.
Each member shall possess significant and diverse medical experience, including clinical experience.
Each member shall be eligible to hold an appropriate security clearance.
Each member, including the Chairperson, shall be appointed or elected, as applicable, for the life of the Board.
Any vacancy in the Board occurring prior to the expiration of the term under subparagraph (A) shall be filled in the manner in which the original appointment or election was made.
Except as provided in subparagraph (B), each member of the Board, including the Chairperson, may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5 for each day during which that member is engaged in the actual performance of the duties under subsection (b).
Members of the Board, including the Chairperson, who are officers or employees of the United States shall receive no additional pay by reason of the service of the member on the Board.
Each member of the Board, including the Chairperson, while away from the home or regular places of business of the member in the performance of services for the Board, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 .
Upon request of the Board, the Director of National Intelligence may detail to the Board, without reimbursement from the Board, any of the personnel of the Office of the Director of National Intelligence to assist in carrying out the duties under subsection (b). Any such detailed personnel shall retain the rights, status, and privileges of the regular employment of the personnel without interruption.
Any personnel detailed to the Board under subparagraph (A) shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.
The Board shall meet not less frequently than on a quarterly basis.
The Board shall meet with the congressional intelligence committees on a biannual basis.
Except as provided in paragraph (2), the Board may secure directly from any department or agency of the United States Government information necessary to enable it to carry out the duties under subsection (b) and, upon request of the Chairperson of the Board, the head of that department or agency shall furnish such information to the Board.
The Director (without delegation) may deny a request for information made by the Board pursuant to paragraph (1), regardless of the agency from which such information is requested.
If the Director denies a request under paragraph (2), not later than 15 days after the date of such denial, the Director shall submit to the congressional intelligence committees a written notification of such denial.
The Director shall ensure that the Board receives comprehensive briefings on all activities of the Office of Medical Services, including by promptly scheduling such briefings at the request of the Board.
The Board shall terminate on the date that is 5 years after the date of the first meeting of the Board.
In this section, the terms “congressional intelligence committees” and “intelligence community” have the meanings given such terms in section 3003 of this title .
Pub. L. 117–103, div. X, title VI, § 602(b), Mar. 15, 2022, 136 Stat. 995, provided that:
“(1) Deadline for appointments .— Each member of the medical advisory board established under section 28 of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3529 ] (as added by subsection (a)), including the Chairperson, shall be appointed or elected, as applicable, in accordance with subsection (d) of such section by not later than 45 days after the date of the enactment of this Act [ Mar. 15, 2022 ]. “(2) First board meeting .— Not later than 30 days after the first date on which at least 5 members of the Board described in paragraph (1) hold the security clearance and are able to access information in accordance with subsection (d)(3)(C) of such section 28 [ 50 U.S.C. 3529(d)(3)(C) ], the Board shall meet. During such meeting, the Director of the Central Intelligence Agency shall provide to the Board a comprehensive briefing on all aspects of the Office of Medical Services of the Central Intelligence Agency. “(3) First meeting with congress .— Not later than 30 days after the date of the briefing under paragraph (2), the Board described in such paragraph shall meet with the staff members of the congressional intelligence committees to discuss topics for the Board to examine in carrying out the duties under subsection (b) of such section 28 [ 50 U.S.C. 3529(b) ].”
[For definition of “congressional intelligence committees” as used in section 602(b) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]
The Director shall establish within the Agency an office (in this section referred to as the “Office”) to provide support for the physical health, mental health, and wellbeing of eligible individuals under subsection (d).
The head of the Office is the Chief Wellbeing Officer, who shall provide to the Director regular updates on the operations of the Office.
To assist in performing the functions under subsection (c), the Director shall assign to the Office a sufficient number of individuals, who shall have no official duties other than duties related to the Office while so assigned.
The Director shall establish the functions and role of the Office, which shall include the following:
Providing to eligible individuals under subsection (d) advice and assistance on health and wellbeing, including with respect to—
physical health and access to physical health care;
mental health and access to mental health care; and
other related programs and benefits for which the individual may be eligible.
In providing advice and assistance to individuals under subparagraph (A), assisting such individuals who are applying for, and navigating the process to obtain, benefits furnished by the United States Government for which the individual is eligible, including, at a minimum—
health care and benefits described in such subparagraph; and
benefits furnished pursuant to section 3519b of this title.
Maintaining, and making available to eligible individuals under subsection (d), the following:
A list of physicians and mental health care providers (including from the private sector, as applicable), who have experience with the physical and mental health care needs of the Agency workforce.
A list of chaplains and religious counselors who have experience with the needs of the Agency workforce, including information regarding access to the Chaplain Corps established under section 3527 of this title.
Information regarding how to select and retain private attorneys who have experience with the legal needs of the Agency workforce, including detailed information on the process for the appropriate sharing of information with retained private attorneys.
Any other functions the Director determines appropriate.
The inclusion of any person on a list maintained or made available pursuant to paragraph (1)(C) shall not be construed as an endorsement of such person (or any service furnished by such person), and the Director shall not be liable, as a result of such inclusion, for any portion of compensable injury, loss, or damage attributable to such person or service.
The Director shall ensure that, to the extent permitted by law, the advice and assistance provided by the Office to eligible individuals under subsection (d) is provided in a confidential manner.
The Director may prescribe regulations regarding the requirement for confidentiality under this paragraph. The Director shall submit to the congressional intelligence committees (as defined in section 3003 of this title ), 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 any such regulations not later than 30 days after prescribing such regulations.
An individual described in paragraph (2) may receive a service under the Office at the election of the individual.
An individual described in this paragraph is—
a current or former officer or employee of the Agency; or
an individual affiliated with the Agency, as determined by the Director.
Pub. L. 117–263, div. F, title LXIV, § 6416(b), Dec. 23, 2022, 136 Stat. 3530, provided that:
“The Director of the Central Intelligence Agency shall establish the Office under section 29 of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3530 ] (as added by subsection (a)) (in this section referred to as the ‘Office’) by not later than 120 days after the date of the enactment of this Act [ Dec. 23, 2022 ].”
The Director shall carry out the following responsibilities:
Establishing professional and uniform training for employees assigned to working with all aspects of the response of the Agency to allegations of sexual assault and sexual harassment.
Developing and implementing policies and procedures to protect the confidentiality of employees who report sexual assault or sexual harassment and to mitigate negative effects on the reputation or career of such an employee as a result of such a report.
Developing and implementing documented standards for—
appropriate mitigation and protection measures for individuals who make allegations of a sexual assault or sexual harassment to be put in place while an investigation proceeds;
appropriate employee consequences to be imposed based on the findings of an inquiry or investigation into a substantiated allegation of sexual assault or sexual harassment;
appropriate career path protection for all employees involved in an incident resulting in a reported allegation of sexual assault or sexual harassment while an administrative or criminal investigation or review of the allegation is pending; and
mitigation measures to protect employees and mission execution while such allegations are being addressed.
Articulating and enforcing norms, expectations, practices, and policies, including with respect to employee promotions and assignments, that are published for the workforce and designed to promote a healthy workplace culture that is inhospitable to sexual assault and sexual harassment.
Developing and issuing workforce messaging to inform Agency employees of policies, procedures, resources, and points of contact to obtain information related to, or to report, sexual assault or sexual harassment globally.
Developing and implementing sexual assault and sexual harassment training for all Agency employees that—
is designed to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault and sexual harassment;
includes onboarding programs, annual refresher training, and specialized leadership training; and
includes details of the definitions of sexual assault and sexual harassment, the distinction between such terms, and what does or does not constitute each.
Developing and implementing processes and procedures applicable to personnel involved in providing the training referred to in paragraph (6) that—
are designed to ensure seamless policy consistency and mechanisms for submitting reports of sexual assault and sexual harassment in all training environments; and
include requirements for in-person training that—
covers the reporting processes for sexual assault and sexual harassment that are specific to training environments for students and trainers; and
shall be provided at an appropriate time during the first 5 days of any extended or residential training course.
Developing and implementing, in consultation with the Victim Advocacy Specialists of the Federal Bureau of Investigation, appropriate training requirements, policies, and procedures applicable to all employees whose professional responsibilities include interaction with people making reports alleging sexual assault or sexual harassment.
Developing and implementing procedures under which current and former employees of the Agency who have reported an allegation of sexual assault or sexual harassment may obtain documents and records related to such a report, as appropriate and upon request.
Developing and implementing procedures under which an employee who makes a restricted or unrestricted report containing an allegation of a sexual assault or sexual harassment may transfer out of the current assignment or location of the employee, upon the request of the employee making the report. Such procedures shall be consistent with the privilege established in section 3532 of this title.
Coordinating the response of the Agency to allegations of sexual assault and sexual harassment.
Not less frequently than once every 180 days, the Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the activities of all Agency offices responsible for preventing, investigating, adjudicating, and addressing claims of sexual assault or sexual harassment. The Director shall personally review, approve, and submit each report under this subsection on a nondelegable basis. Each such report shall include—
for the period covered by the report—
the number of new allegations of sexual assault and sexual harassment reported to any Agency office, disaggregated by restricted and unrestricted reports;
the number of new or ongoing cases in which the Sexual Harassment/Assault Response and Prevention Office has provided victim advocacy services;
a description of all training activities related to sexual assault and sexual harassment carried out Agency-wide, and the number of such trainings conducted; and
for the period beginning on December 22, 2023, and ending on the last day of the period covered by the report—
the total number of allegations of sexual assault and sexual harassment;
the disposition of each report of such an allegation;
any corrective action taken in response to each such report;
the number of such allegations that were not substantiated; and
the number of employee reassignment and relocation requests, including—
the number of such requests that were granted;
the number of such requests that were denied; and
for any such request that was denied, the position of the individual who denied the request and the reason for denial.
The policies developed pursuant to this section shall apply to each of the following:
Any employee of the Agency.
Any person other than an Agency employee who alleges they were sexually assaulted or harassed at a facility associated with the Agency or during the performance of a function associated with the Agency. If such person is an employee of an industrial contractor, the contracting officer for the relevant contract shall coordinate with the contractually identified representative for the prime contractor in a manner consistent with section 3532 of this title.
The policies developed pursuant to this section for handling allegations of sexual harassment shall be in addition to the requirements of part 1614 of title 29, Code of Federal Regulations, or successor regulations.
Not less frequently than once every 365 days, the Director shall—
complete an Agency climate assessment—
that does not request any information that would make an Agency employee or the position of an Agency employee identifiable;
for the purposes of—
preventing and responding to sexual assault and sexual harassment; and
examining the prevalence of sexual assault and sexual harassment occurring among the Agency’s workforce; and
that includes an opportunity for Agency employees to express the opinions of the employees regarding the manner and extent to which the Agency responds to allegations of sexual assault and complaints of sexual harassment, and the effectiveness of such response; and
submit to the appropriate congressional committees the findings of the Director with respect to the climate assessment completed pursuant to subparagraph (A).
In this subsection, the term “appropriate congressional committees” means—
the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
Pub. L. 118–31, div. G, title III, § 7339(a), Dec. 22, 2023, 137 Stat. 1051, provided that:
“(a) Sense of Congress .— It is the sense of Congress that— “(1) sexual assault and sexual harassment arise from, and are often indicative of, an environment where toxic, provocative, and sometimes significantly inappropriate behavior is tolerated; “(2) when supervisors and senior leaders at headquarters and in the field are among the offenders and facilitate a work climate in which toxic and disrespectful behavior is tolerated, harassment and even assault will often go unaddressed and unpunished; “(3) while establishing clear policies and procedures and enhancing training are necessary first steps toward protecting victims and establishing stronger internal mechanisms for preventing and responding to future sexual assault and sexual harassment within the Central Intelligence Agency, comprehensive culture change driven by Agency leadership will be necessary to accomplish impactful and enduring improvement; and “(4) it is vital for the Central Intelligence Agency to maintain an independent and neutral person with whom all employees at all levels, supervisors and non-supervisors, may speak confidentially, informally, and off-the-record about work-related concerns or questions.”
Pub. L. 118–31, div. G, title III, § 7339(e), Dec. 22, 2023, 137 Stat. 1061, provided that:
“(1) Deadline for implementation .— Not later than 180 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Director of the Central Intelligence Agency shall— “(A) complete an Agency climate assessment— “(i) which does not request any information that would make an Agency employee or an Agency employee’s position identifiable; “(ii) for the purposes of— “(I) preventing and responding to sexual assault and sexual harassment; and “(II) examining the prevalence of sexual assault and sexual harassment occurring among the Agency’s workforce; and “(iii) that includes an opportunity for Agency employees to express their opinions regarding the manner and extent to which the Agency responds to allegations of sexual assault and complaints of sexual harassment, and the effectiveness of such response; “(B) submit to the appropriate congressional committees the findings of the Director with respect to the climate assessment completed pursuant to subparagraph (A); “(C) establish and implement the policies required under sections 30 and 31 of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3531 and 3532], as added by subsections (b) and (c), respectively; “(D) consolidate the responsibilities of the Director under section 30 of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3531 ] in a single Office, as determined by the Director; and “(E) establish the Special Victim Investigator, as required by section 32 of the Central Intelligence Agency Act of 1949 [ 50 U.S.C. 3533 ], as added by subsection (d). “(2) Report .— Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter for 2 years, the Director of the Central Intelligence Agency shall submit to the appropriate congressional committees a report on the implementation of this section and the amendments made by this section. The Director shall personally review, approve, and submit each report under this paragraph on a nondelegable basis. “(3) Appropriate congressional committees defined .— In this subsection, the term ‘appropriate congressional committees’ means— “(A) the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and “(B) the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.”
The Director shall develop and implement policies, regulations, personnel training, and workforce education to establish and provide information about restricted reports and unrestricted reports of allegations of sexual assault and sexual harassment within the Agency in accordance with this subsection.
Workforce education developed under paragraph (1) shall be designed to clearly inform Agency employees of the differences between restricted and unrestricted reporting of allegations of sexual assault and sexual harassment, and which individual or office within the Agency is responsible for receiving each type of report.
To the extent consistent with preserving a victim’s complete autonomy, the policies, regulations, training, and messaging described in this subsection shall—
encourage Agency employees to make restricted or unrestricted reports of sexual assault and sexual harassment to the Sexual Harassment/Assault Response and Prevention Office;
encourage Agency employees to use the Sexual Harassment/Assault Response and Prevention Office as the primary point of contact and entry point for Agency employees to make restricted or unrestricted reports of sexual assault and sexual harassment;
encourage Agency employees to seek the victim advocacy services of the Sexual Harassment/Assault Response and Prevention Office after reporting an allegation of sexual assault or sexual harassment, to the extent consistent with the victim’s election; and
encourage Agency employees and individuals who receive disclosures of sexual assault and sexual harassment to provide the report to, and receive guidance from, the Sexual Harassment/Assault Response and Prevention Office.
Any person making a report containing an allegation of a sexual assault or sexual harassment shall elect whether to make a restricted report or an unrestricted report. Once an election is made to make an unrestricted report, such election may not be changed.
A person who elects to make an unrestricted report containing an allegation of sexual assault or sexual harassment may seek the assistance of another employee of the Agency with taking the action required under paragraph (2).
A person electing to make an unrestricted report containing an allegation of sexual assault or sexual harassment shall submit the report to the Sexual Harassment/Assault Response and Prevention Office. To the extent consistent with the person’s election after consultation with the Sexual Harassment/Assault Response and Prevention Office, the Sexual Harassment/Assault Response and Prevention Office may facilitate the person’s contact with any other appropriate Agency official or office, and make available to Agency employees the following:
A list of physicians and mental health care providers (including from the private sector, as applicable) who have experience with the physical and mental health care needs of the Agency workforce.
A list of chaplains and religious counselors who have experience with the needs of the Agency workforce, including information regarding access to the Chaplain Corps established under section 3527 of this title.
Information regarding how to select and retain private attorneys who have experience with the legal needs of the Agency workforce, including detailed information on the process for the appropriate sharing of information with retained private attorneys.
The inclusion of any person on a list maintained or made available pursuant to subsection (c)(2) shall not be construed as an endorsement of such person (or any service furnished by such person), and neither the Sexual Harassment/Assault Response and Prevention Office nor the Agency shall be liable, as a result of such inclusion, for any portion of compensable injury, loss, or damage attributable to such person or service.
A person who elects to make a restricted report containing an allegation of sexual assault or sexual harassment shall submit the report to the Sexual Harassment/Assault Response and Prevention Office.
A restricted report containing an allegation of sexual assault or sexual harassment—
shall be treated by the person who receives the report in the same manner as a communication covered by the privilege set forth in this section;
shall not result in a referral to law enforcement or commencement of a formal administrative investigation, unless the victim elects to change the report from a restricted report to an unrestricted report;
in a case requiring an employee reassignment, relocation, or other mitigation or protective measures, shall result only in actions that are managed in a manner to limit, to the extent possible, the disclosure of any information contained in the report;
shall be exempt from any Federal or, to the maximum extent permitted by the Constitution, State reporting requirements, including the requirements under section 535(b) of title 28, section 3517(b)(5) of this title, relevant provisions of Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities), or successor order, Executive Order 13462 (50 U.S.C. 3001 note; relating to President’s intelligence advisory board and intelligence oversight board), or successor order, title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), and sections 791 and 794a of title 29, except when reporting is necessary to prevent or mitigate an imminent threat of serious bodily harm.
The receipt of a restricted report submitted under subsection (d) shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault or sexual harassment to the Agency for the purpose of the Agency’s responsibility to exercise reasonable care to take immediate and appropriate corrective action to prevent and correct harassing behavior.
A victim shall be entitled to maintain and assert a privilege against disclosure of, and be able to prevent any other person from disclosing, any confidential communication made between the victim and any employee of the Sexual Harassment/Assault Response and Prevention Office, if such communication was made for the purpose of facilitating advice or assistance to the victim in accordance with this section. A victim may consent to additional disclosures.
A communication is confidential for the purposes of this section if made in the course of the relationship between the victim and any employee of the Sexual Harassment/Assault Response and Prevention Office and not intended to be disclosed to third persons, other than those to whom disclosure is made in furtherance of the provision of advice or assistance to the victim or those reasonably necessary for such transmission of the communication.
The privilege is maintained by the victim. A victim may authorize the Sexual Harassment/Assault Response and Prevention Office employee who received the communication to assert the privilege on his or her behalf, with confidentiality. The Sexual Harassment/Assault Response and Prevention Office employee who received the communication may assert the privilege on behalf of the victim. The authority of such Sexual Harassment/Assault Response and Prevention Office employee to so assert the privilege is presumed in the absence of evidence to the contrary.
The privilege shall not apply to prevent limited disclosures necessary under the following circumstances:
When the victim is deceased.
When the Sexual Harassment/Assault Response and Prevention Office employee who received the communication has a reasonable belief that a victim’s mental or emotional condition makes the victim a danger to any person, including the victim.
When the otherwise privileged communication clearly contemplates the future commission of a crime or breach of national security, or aiding any individual to commit or plan to commit what the victim knew or reasonable should have known to be a crime or breach of national security.
When disclosure of a communication is constitutionally required.
When the Sexual Harassment/Assault Response and Prevention Office employee determines that information requires an exception to the privilege, the Sexual Harassment/Assault Response and Prevention Office employee who received the communication will protect information pertaining to the facts and circumstances surrounding the underlying sexual assault or sexual harassment allegations to the greatest extent possible.
The Director shall establish and maintain a policy under which—
the head of the Sexual Harassment/Assault Response and Prevention Office is required to submit a written incident report not later than 8 days after receiving an unrestricted report containing an allegation of sexual assault or sexual harassment; and
each such incident report required under subparagraph (A) shall be provided to—
the Director of the Agency;
the Chief Operating Officer of the Agency;
the Special Victim Investigator; and
such other individuals as the Director determines appropriate.
The purpose of an incident report required under paragraph (1) is—
to record the details about actions taken or in progress to provide the necessary care and support to the victim of the alleged incident;
to document the referral of the allegations to the appropriate investigatory or law enforcement agency; and
to provide initial formal notification of the alleged incident.
Each incident report required under paragraph (1) shall include each of the following:
The time, date, and location of the alleged sexual assault or sexual harassment.
An identification of the type of offense or harassment alleged.
An identification of the assigned office and location of the victim.
An identification of the assigned office and location of the alleged perpetrator, including information regarding whether the alleged perpetrator has been temporarily transferred or removed from an assignment or otherwise restricted, if applicable.
A description of any post-incident actions taken in connection with the incident, including—
referral to any services available to victims, including the date of each referral;
notification of the incident to appropriate investigatory organizations, including the organizations notified and dates of notifications; and
issuance of any personal protection orders or steps taken to separate the victim and the alleged perpetrator within their place of employment.
Such other elements as the Director determines appropriate.
Upon receipt of an incident report under subsection (f)(1) containing an allegation of sexual assault or sexual harassment against an individual known to be the subject of at least one allegation of sexual assault or sexual harassment by another reporter, the Special Victim Investigator shall notify each of the following of all existing allegations against the individual:
The Director of the Agency.
The Chief Operating Officer of the Agency.
The Sexual Harassment/Assault Response and Prevention Office.
If the individual is an Agency employee, the head of the directorate employing the individual and the first-level supervisor of the individual.
If the individual is an Agency contractor, the Acquisition Group Chief and the contracting officer for the relevant contract. For industrial contractor personnel, the contracting officer shall notify the contractually identified representative for the prime contractor.
The Inspector General of the Agency.
Such other individuals as the Director determines appropriate.
In the case of restricted reports under subsection (d), the Sexual Harassment/Assault Response and Prevention Office shall notify any victims known to have filed a restricted report against an individual known to be the subject of at least one unrestricted allegation of sexual assault or sexual harassment by another reporter that another allegation has been made against the same individual who is the alleged subject of the victim’s report at the time of the victim’s initial report or any time thereafter upon receipt of any subsequent unrestricted report under subsection (c) or a common perpetrator notice under paragraph (1) of this subsection.
The policies developed pursuant to this section shall apply to each of the following:
Any employee of the Agency.
Any person other than an Agency employee who alleges they were sexually assaulted or harassed at a facility associated with the Agency or during the performance of a function associated with the Agency.
The Director shall establish a system for the tracking and, in accordance with chapter 31 of title 44 (commonly known as the “Federal Records Act of 1950”), long-term temporary retention of all Agency records related to any investigation into an allegation of sexual assault or sexual harassment made in an unrestricted report, including any related medical documentation.
Any Agency records created under the authority of this section are subject to the privileges described in this section. Routine records management activities conducted by authorized Agency personnel with respect to such records, including maintaining, searching, or dispositioning of records, shall not result in a waiver of those privileges.
This section shall constitute a withholding statute pursuant to section 552(b)(3) of title 5 with respect to any information that may reveal the identity of a victim of sexual assault or sexual harassment, or any information subject to the privileges described in this section.
In the case of a restricted report of sexual harassment, such report shall not result in a referral to the Office of Equal Employment Opportunity, unless the victim elects to change the report from a restricted report to an unrestricted report. In the case of an unrestricted report, the Special Victim Investigator, the Office of Equal Employment Opportunity, law enforcement, or any other appropriate investigative body, or any appropriate combination thereof, may investigate the unrestricted report, as appropriate. Policies and procedures developed pursuant to this section are intended to offer victims options in addition to the process described in part 1614 of title 29, Code of Federal Regulations, or successor regulations.
In this section:
The term “report” means a communication—
by a victim;
that describes information relating to an allegation of sexual assault or sexual harassment;
to an individual eligible to document an unrestricted or restricted report; and
that the victim intends to result in formal documentation of an unrestricted or restricted report.
The term “victim” means a person who alleges they have suffered direct physical or emotional harm because they were subjected to sexual assault or sexual harassment.
The Director shall establish in the Office of Security a Special Victim Investigator, who shall be authorized to investigate or facilitate the investigation of unrestricted reports containing allegations of sexual assault and sexual harassment. The person appointed as the Special Victim Investigator shall be an appropriately credentialed Federal law enforcement officer and may be detailed or assigned from a Federal law enforcement entity. No individual appointed as the Special Victim Investigator may, at the time of such appointment, be a current employee of the Central Intelligence Agency.
The Investigator shall—
at the election of a victim (as defined in section 3532(k) of this title), be authorized to conduct internal Agency inquiries, investigations, and other fact-finding activities related to allegations of sexual harassment, which may be separate and in addition to any inquiry or investigation conducted by the Office of Equal Employment Opportunity;
conduct and manage internal Agency inquiries, investigations, and other fact-finding activities related to specific allegations of sexual assault;
testify in a criminal prosecution in any venue, where appropriate;
serve as the case agent for a criminal investigation in any venue, where appropriate;
facilitate engagement with other law enforcement relating to such allegations, where appropriate, including coordinating on the matter and any related matters with other Federal, State, local, and Tribal law enforcement agencies, as necessary and appropriate, pursuant to regulations, requirements, and procedures developed in consultation with the Federal Bureau of Investigation, the Department of State’s Diplomatic Security Service, or other Federal, State, local, or Tribal law enforcement authorities, for any such inquiries, investigations, or other fact-finding activities;
develop and implement policies and procedures necessary for the Special Victim Investigator or any law enforcement partner to conduct effective investigations and also protect sensitive information;
serve as the primary internal investigative body in the Agency for allegations of sexual assault, except that, in the case of an allegation of a sexual assault involving an employee of the Office of Security, the Special Victim Investigator shall coordinate with the Inspector General or appropriate criminal investigators employed by a Federal, State, local, or Tribal law enforcement entity, as necessary, to maintain the integrity of the investigation and mitigate potential conflicts of interest;
establish and coordinate clear policies regarding which agency should take the lead on conducting, or be the lead in coordinating with local law enforcement when applicable, investigations of sexual assault and sexual harassment overseas; and
sharing information with the Sexual Harassment/Assault Response and Prevention Office, including providing a copy of materials related to investigations with such redactions as deemed necessary, to facilitate the support and advocacy of such Office for victims of alleged sexual assault or sexual harassment.
The Special Victim Investigator shall—
ensure that any Special Victim Investigator investigation into an allegation of a sexual assault or sexual harassment contained in an unrestricted report submitted under section 3532 of this title is completed by not later than 60 days after the date on which the report is referred to the Special Victim Investigator; and
if the Special Victim Investigator determines that the completion of an investigation will take longer than 60 days—
not later than 60 days after the date on which the report is referred to the Special Victim Investigator, submit to the Director a request for an extension that contains a summary of the progress of the investigation, the reasons why the completion of the investigation requires additional time, and a plan for the completion of the investigation; and
provide to the person who made the report and the person against whom the allegation in the report was made notice of the extension of the investigation.
CHAPTER 47— NATIONAL SECURITY AGENCY
This chapter may be cited as the “National Security Agency Act of 1959”.
There is a Director of the National Security Agency.
The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.
The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this chapter or otherwise by law or executive order.
There is a Director of Compliance of the National Security Agency, who shall be appointed by the Director of the National Security Agency and who shall be responsible for the programs of compliance over mission activities of the National Security Agency.
Pub. L. 113–126, title IV, § 403, July 7, 2014, 128 Stat. 1408, as amended by Pub. L. 117–286, § 4(b)(11), Dec. 27, 2022, 136 Stat. 4344, provided that:
“(a) In General .— Except as otherwise specifically provided, the amendments made by sections 401 [amending this section] and 402 [amending sections 8G and 12 of Pub. L. 95–452 , formerly set out in the Appendix to Title 5, Government Organization and Employees] shall take effect on October 1, 2014 , and shall apply upon the earlier of— “(1) in the case of section 401— “(A) the date of the first nomination by the President of an individual to serve as the Director of the National Security Agency 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 Security Agency by the individual performing such duties on October 1, 2014 ; and “(2) in the case of section 402— “(A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Security Agency 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 Security Agency by the individual performing such duties on October 1, 2014 . “(b) Exception for Initial Nominations .— Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Security Agency or the Inspector General of the National Security Agency on the date that the President first nominates an individual for such position on or after October 1, 2014 , may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. “(c) Incumbent Inspector General .— The individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act [ July 7, 2014 ] shall be eligible to be appointed by the President to a new term of service under section 403 of title 5 , United States Code, by and with the advice and consent of the Senate.”
Pub. L. 118–159, div. F, title LXV, § 6504, Dec. 23, 2024, 138 Stat. 2495, as amended by Pub. L. 119–60, div. F, title LXVI, § 6601, Dec. 18, 2025, 139 Stat. 1633, provided that:
“(a) Definition of Counter-artificial Intelligence .— In this section, the term ‘counter-artificial intelligence’ means techniques or procedures to extract information about the behavior or characteristics of an artificial intelligence system, or to learn how to manipulate an artificial intelligence system, in order to subvert the confidentiality, integrity, or availability of an artificial intelligence system or adjacent system. “(b) Establishment .— Not later than 90 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Director of the National Security Agency shall establish an Artificial Intelligence Security Center (referred to in this section as the ‘Center’) within the Cybersecurity Collaboration Center of the National Security Agency. “(c) Functions .— The functions of the Artificial Intelligence Security Center shall be as follows: “(1) Developing guidance to prevent or mitigate counter-artificial intelligence techniques. “(2) Promoting secure artificial intelligence adoption practices for managers of national security systems (as defined in section 3552 of title 44 , United States Code) and elements of the defense industrial base. “(3) In accordance with subsection (d), developing security guidance to defend artificial intelligence technologies from technology theft by nation-state adversaries. “(4) Such other functions as the Director considers appropriate. “(d) Artificial Intelligence Security Guidance.— “(1) Elements .— In developing the guidance pursuant to subsection (c)(3), the Director of the National Security Agency shall— “(A) identify vulnerabilities in advanced artificial intelligence technologies, with a focus on cybersecurity risks and security challenges unique to protecting such technologies from theft or sabotage by nation-state adversaries; “(B) identify elements of the artificial intelligence supply chain or development or product lifecycle that, if accessed by nation-state adversaries, would contribute to progress made by nation-state adversaries on advanced artificial intelligence or would provide opportunities to adversaries to compromise the confidentiality, integrity, or availability of artificial intelligence systems or associated supply chains; and “(C) identify strategies for artificial intelligence technologies to identify, protect, detect, respond, and recover from nation-state adversary cyber threats. “(2) External collaboration .— In developing the guidance pursuant to subsection (c)(3), the Director of the National Security Agency may collaborate, on a voluntary basis, with other departments and agencies of the United States Government, research entities, and private sector entities, as determined appropriate by the Director, on artificial intelligence model safety and security, including through the provision of any computing resources the Director determines appropriate. “(3) Security guidance form .— The Director of the National Security Agency shall publish, and may update from time to time, the security guidance developed under subsection (c)(3) to share with departments and agencies of the United States Government, research entities, and private sector entities, as determined appropriate by the Director, at unclassified or classified levels. “(e) Disestablishment .— The Director of the National Security Agency may disestablish the Center established in subsection (b) not earlier than 3 years after the date of the enactment of this Act provided that the Director of the National Security Agency submits to the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] a report documenting the rationale for disestablishment of the Center, including resource trades, effectiveness, priority, and any other pertinent considerations not later than 6 months prior to the disestablishment.”
Pub. L. 113–126, title IV, § 401(b), July 7, 2014, 128 Stat. 1408, provided that:
“(1) In general .— The President may designate the Director of the National Security Agency as a position of importance and responsibility under section 601 of title 10 , United States Code. “(2) Effective date .— Paragraph (1) shall take effect on the date of the enactment of this Act [ July 7, 2014 ].”
[Repealed]
Repeal effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of Title 10, Armed Forces.
Officers and employees of the National Security Agency who are citizens or nationals of the United States may be granted additional compensation, in accordance with regulations which shall be prescribed by the Secretary of Defense, not in excess of additional compensation authorized by section 5941 of title 5 , for employees whose rates of basic compensation are fixed by statute.
Pub. L. 86–36, § 8, May 29, 1959, 73 Stat. 64, provided that:
“The foregoing provisions of this Act [see Tables for classification] shall take effect on the first day of the first pay period which begins later than the thirtieth day following the date of enactment of this Act [ May 29, 1959 ].”
Except as provided in subsection (b) of this section, nothing in this chapter or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935) 1 shall be construed to require the disclosure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency.
Section effective on the first day of the first pay period which begins later than the thirtieth day following May 29, 1959, see section 8 of Pub. L. 86–36, set out as a note under section 3604 of this title.
[Repealed]
Notwithstanding section 322 of the Act of June 30, 1932 , section 5536 of title 5 , and section 2675 of title 10 , the Director of the National Security Agency, on behalf of the Secretary of Defense, may lease real property outside the United States, for periods not exceeding ten years, for the use of the National Security Agency for special cryptologic activities and for housing for personnel assigned to such activities.
The Director of the National Security Agency, on behalf of the Secretary of Defense, may provide to certain civilian and military personnel of the Department of Defense who are assigned to special cryptologic activities outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection—
allowances and benefits—
comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and
in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency;
housing (including heat, light, and household equipment) without cost to such personnel, if the Director of the National Security Agency, on behalf of the Secretary of Defense determines that it would be in the public interest to provide such housing; and
The authority of the Director of the National Security Agency, on behalf of the Secretary of Defense, to make payments under subsections (a) and (b), and under contracts for leases entered into under subsection (a), is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37 for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection.
Regulations issued pursuant to subsection (b)(1) shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.
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, and reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency, see section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
Amendment by Pub. L. 102–496 effective on the first day of the fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title.
Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
The Director of the National Security Agency shall arrange for, and shall prescribe regulations concerning, language and language-related training programs for military and civilian cryptologic personnel. In establishing programs under this section for language and language-related training, the Director—
may provide for the training and instruction to be furnished, including functional and geographic area specializations;
may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or instruction is unavailable through Government facilities, through nongovernmental facilities that furnish training and instruction useful in the fields of language and foreign affairs;
may support programs that furnish necessary language and language-related skills, including, in any case in which appropriate programs are unavailable at Government facilities, support through contracts, grants, or cooperation with nongovernmental educational institutions; and
may obtain by appointment or contract the services of individuals to serve as language instructors, linguists, or special language project personnel.
In order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director, without regard to subchapter IV of chapter 55 of title 5, may provide special monetary or other incentives to encourage civilian cryptologic personnel of the Agency to acquire or retain proficiency in foreign languages or special related abilities needed by the Agency.
In order to provide linguistic training and support for cryptologic personnel, the Director—
may pay all or part of the tuition and other expenses related to the training of personnel who are assigned or detailed for language and language-related training, orientation, or instruction; and
may pay benefits and allowances to civilian personnel in accordance with chapters 57 and 59 of title 5, and to military personnel in accordance with chapter 7 of title 37, and applicable provisions of title 10, when such personnel are assigned to training at sites away from their designated duty station.
To the extent not inconsistent, in the opinion of the Secretary of Defense, with the operation of military cryptologic reserve units and in order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired civilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as determined by the Director of the Agency. Each member of the cryptologic linguist reserve shall agree that, during any period of emergency (as determined by the Director), the member shall return to active civilian status with the National Security Agency and shall perform such linguistic or linguistic-related duties as the Director may assign.
In order to attract individuals to become members of the cryptologic linguist reserve, the Director, without regard to subchapter IV of chapter 55 of title 5, may provide special monetary incentives to individuals eligible to become members of the reserve who agree to become members of the cryptologic linguist reserve and to acquire or retain proficiency in foreign languages or special related abilities.
In order to provide training and support for members of the cryptologic linguist reserve, the Director—
may pay all or part of the tuition and other expenses related to the training of individuals in the cryptologic linguist reserve who are assigned or detailed for language and language-related training, orientation, or instruction; and
may pay benefits and allowances in accordance with chapters 57 and 59 of title 5 to individuals in the cryptologic linguist reserve who are assigned to training at sites away from their homes or regular places of business.
The Director, before providing training under this section to any individual, may obtain an agreement with that individual that—
in the case of current employees, pertains to continuation of service of the employee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5; and
in the case of individuals accepted for membership in the cryptologic linguist reserve, pertains to return to service when requested, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5.
The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agreement made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest.
Subject to paragraph (2), the Director may provide to family members of military and civilian cryptologic personnel assigned to representational duties outside the United States, in anticipation of the assignment of such personnel outside the United States or while outside the United States, appropriate orientation and language training that is directly related to the assignment abroad.
Language training under paragraph (1) may not be provided to any individual through payment of the expenses of tuition or other cost of instruction at a non-Government educational institution unless appropriate instruction is not available at a Government facility.
The Director may waive the applicability of any provision of chapter 41 of title 5 to any provision of this section if he finds that such waiver is important to the performance of cryptologic functions.
The authority of the Director to enter into contracts or to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.
The Director of the National Security Agency, on behalf of the Secretary of Defense, may, without regard to section 4109(a)(2)(B) of title 5 , pay travel, transportation, storage, and subsistence expenses under chapter 57 of such title to civilian and military personnel of the Department of Defense who are assigned to duty outside the United States for a period of one year or longer which involves cryptologic training, language training, or related disciplines.
Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
The Director of the National Security Agency may authorize agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40, with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—
at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and
in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet.
The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to agency installations, property, or employees.
Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.
The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1).
Agency personnel authorized by the Director under paragraph (1) may transport an individual apprehended under the authority of this section from the premises at which the individual was apprehended, as described in subparagraph (A) or (B) of paragraph (1), for the purpose of transferring such individual to the custody of law enforcement officials. Such transportation may be provided only to make a transfer of custody at a location within 30 miles of the premises described in subparagraphs (A) and (B) of paragraph (1).
The Director of the National Security Agency is authorized to establish penalties for violations of the rules or regulations prescribed by the Director under subsection (a). Such penalties shall not exceed those specified in section 1315(c)(2) of title 40 .
Agency personnel designated by the Director of the National Security Agency under subsection (a) shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) refers.
Notwithstanding any other provision of law, agency personnel designated by the Director of the National Security Agency under subsection (a) shall be considered for purposes of chapter 171 of title 28, or any other provision of law relating to tort liability, to be acting within the scope of their office or employment when such agency personnel take reasonable action, which may include the use of force, to—
protect an individual in the presence of such agency personnel from a crime of violence;
provide immediate assistance to an individual who has suffered or who is threatened with bodily harm;
prevent the escape of any individual whom such agency personnel reasonably believe to have committed a crime of violence in the presence of such agency personnel; or
transport an individual pursuant to subsection (a)(2).
Paragraph (1) shall not affect the authorities of the Attorney General under section 2679 of title 28.
In this subsection, the term “crime of violence” has the meaning given that term in section 16 of title 18.
The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regulations establishing the Senior Cryptologic Executive Service shall—
meet the requirements set forth in section 3131 of title 5 for the Senior Executive Service;
provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title;
provide, without regard to section 2,1 rates of pay for the Senior Cryptologic Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title;
provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee);
permit the payment of performance awards to members of the Senior Cryptologic Executive Service consistent with the provisions applicable to performance awards under section 5384 of such title;
provide that members of the Senior Cryptologic Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title; and
provide for the recertification of members of the Senior Cryptologic Executive Service consistent with the provisions of section 3393a 1 of such title.
Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may—
make applicable to the Senior Cryptologic Executive Service any of the provisions of title 5 applicable to applicants for or members of the Senior Executive Service; and
appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service.
The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Senior Cryptologic Executive Service in a manner consistent with the provisions of section 4507 of title 5.
Notwithstanding any other provision of this section, the Director of the National Security Agency may detail or assign any member of the Senior Cryptologic Executive Service to serve in a position outside the National Security Agency in which the member’s expertise and experience may be of benefit to the National Security Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Senior Cryptologic Executive Service.
The Secretary of Defense (or his designee) may by regulation establish a merit pay system for such employees of the National Security Agency as the Secretary of Defense (or his designee) considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5 .
Nothing in this section shall be construed to allow the aggregate amount payable to a member of the Senior Cryptologic Executive Service under this section during any fiscal year to exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year.
Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of Title 5, Government Organization and Employees.
Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces.
The Director of the National Security Agency may make grants to private individuals and institutions for the conduct of cryptologic research. An application for a grant under this section may not be approved unless the Director determines that the award of the grant would be clearly consistent with the national security.
The grant program established by subsection (a) shall be conducted in accordance with chapter 63 of title 31 to the extent that such chapter is consistent with and in accordance with section 3605 of this title .
The authority of the Director to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces.
Funds appropriated to an entity of the Federal Government other than an element of the Department of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years.
Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces.
No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words “National Security Agency”, the initials “NSA”, the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency.
Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces.
The purpose of this section is to establish an undergraduate and graduate training program, which may lead to a baccalaureate or graduate degree, to facilitate the recruitment of individuals, particularly minority high school students, with a demonstrated capability to develop skills critical to the mission of the National Security Agency, including mathematics, computer science, engineering, and foreign languages.
The Secretary of Defense is authorized, in his discretion, to assign civilians who may or may not be employees of the National Security Agency as students at accredited professional, technical, and other institutions of higher learning for training at the undergraduate or graduate level in skills critical to effective performance of the mission of the Agency.
The National Security Agency may pay, directly or by reimbursement to program participants, expenses incident to assignments under subsection (b), in any fiscal year only to the extent that appropriated funds are available for such purpose.
To be eligible for assignment under subsection (b), a program participant must agree in writing—
to continue in the service of the Agency for the period of the assignment and to complete the educational course of training for which the program participant is assigned;
to continue in the service of the Agency following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof;
to reimburse the United States for the total cost of education (excluding the program participant’s pay and allowances) provided under this section to the program participant if, prior to the program participant’s completing the educational course of training for which the program participant is assigned, the assignment or the program participant’s employment with the Agency is terminated—
by the Agency due to misconduct by the program participant;
by the program participant voluntarily; or
by the Agency for the failure of the program participant to maintain such level of academic standing in the educational course of training as the Director of the National Security Agency shall have specified in the agreement of the program participant under this subsection; and
to reimburse the United States if, after completing the educational course of training for which the program participant is assigned, the program participant’s employment with the Agency is terminated either by the Agency due to misconduct by the program participant or by the program participant voluntarily, prior to the program participant’s completion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the program participant’s pay and allowances) provided to the program participant as the unserved portion of the service obligation period described in subparagraph (B) bears to the total period of the service obligation described in subparagraph (B).
Subject to paragraph (3), the obligation to reimburse the United States under an agreement described in paragraph (1), including interest due on such obligation, is for all purposes a debt owing the United States.
A discharge in bankruptcy under title 11 shall not release a person from an obligation to reimburse the United States required under an agreement described in paragraph (1) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in subparagraphs (A) and (B) of paragraph (1).
The Secretary of Defense may release a person, in whole or in part, from the obligation to reimburse the United States under an agreement described in paragraph (1) when, in his discretion, the Secretary determines that equity or the interests of the United States so require.
The Secretary of Defense shall permit a program participant assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the program participant’s employment with the Agency, to satisfy his obligation under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the program participant.
Agency efforts to recruit individuals at educational institutions for participation in the undergraduate and graduate training program established by this section shall be made openly and according to the common practices of universities and employers recruiting at such institutions.
Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31 shall not apply with respect to this section.
The Secretary of Defense may issue such regulations as may be necessary to implement this section.
The undergraduate and graduate training program established under this section shall be known as the Louis Stokes Educational Scholarship Program.
[Repealed]
The Secretary of Defense may pay the expenses referred to in section 5742(b) of title 5 in the case of any employee of the National Security Agency who dies while on a rotational tour of duty within the United States or while in transit to or from such tour of duty.
For the purposes of this section, the term “rotational tour of duty”, with respect to an employee, means a permanent change of station involving the transfer of the employee from the National Security Agency headquarters to another post of duty for a fixed period established by regulation to be followed at the end of such period by a permanent change of station involving a transfer of the employee back to such headquarters.
There is established the National Security Agency Emerging Technologies Panel. The Panel is a standing panel of the National Security Agency. The Panel shall be appointed by, and shall report directly to, the Director of the National Security Agency.
The Panel shall study and assess, and periodically advise the Director on, the research, development, and application of existing and emerging science and technology advances, advances in encryption, and other topics.
Chapter 10 of title 5 shall not apply with respect to the Panel.
The Director may collect charges for evaluating, certifying, or validating information assurance products under the National Information Assurance Program or successor program.
The charges collected under subsection (a) shall be established through a public rulemaking process in accordance with Office of Management and Budget Circular No. A–25.
Charges collected under subsection (a) shall not exceed the direct costs of the program referred to in that subsection.
The appropriation or fund bearing the cost of the service for which charges are collected under the program referred to in subsection (a) may be reimbursed, or the Director may require advance payment subject to such adjustment on completion of the work as may be agreed upon.
Amounts collected under this section shall be credited to the account or accounts from which costs associated with such amounts have been or will be incurred, to reimburse or offset the direct costs of the program referred to in subsection (a).
The Director of the National Security Agency shall establish an honorary award for the recognition of female personnel of the National Security Agency for distinguished career contributions in support of the mission of the Agency as civilian employees or members of the Armed Forces assigned to the Agency. The award shall be known as the “Senior Chief Petty Officer Shannon Kent Award” and shall consist of a design determined appropriate by the Director.
The Director shall award the Senior Chief Petty Officer Shannon Kent Award to female civilian employees, members of the Armed Forces, or former civilian employees or members, whom the Director determines meet the criteria under subsection (a).
Not later than 30 days after the date on which the Director of the National Security Agency determines that a covered intelligence collection or sharing adjustment has occurred, the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a summary of such adjustment and the cause of such adjustment.
In this section:
The term “congressional intelligence committees” has the meaning given that term in section 3003 of this title .
The term “covered intelligence collection or sharing adjustment” means an action or inaction by the National Security Agency that results in a significant change to—
the quantity of intelligence collected by the National Security Agency with respect to a foreign country, foreign organization, or senior leader of a foreign country or foreign organization; or
policies or practices of the National Security Agency with respect to the sharing of intelligence with a foreign country, organization of foreign countries, or organization of countries of which the United States is a member.
CHAPTER 48— DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION
In this chapter:
The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10.
The term “Cooperative Threat Reduction funds” means funds appropriated pursuant to an authorization of appropriations for the Program, or otherwise made available to the Program.
The term “Program” means the Cooperative Threat Reduction Program of the Department of Defense established under section 3711 of this title.
Pub. L. 113–291, div. A, title XIII, § 1311, Dec. 19, 2014, 128 Stat. 3595, provided that:
“This subtitle [subtitle B (§§ 1311–1352) of title XIII of div. A of Pub. L. 113–291 , enacting this chapter, repealing sections 5902, 5921, 5952, 5953, 5955, 5957, 5959 to 5961, and 5962 to 5965 of Title 22, Foreign Relations and Intercourse, amending provisions set out as notes under sections 2551, 5952, and 5955 of Title 22, and repealing provisions set out as notes under section 2362 of this title and section 5952 of Title 22 ] may be cited as the ‘Department of Defense Cooperative Threat Reduction Act’.”
SUBCHAPTER I— PROGRAM AUTHORITIES
The Secretary of Defense may carry out a program, referred to as the “Department of Defense Cooperative Threat Reduction Program”, with respect to foreign countries to do the following:
Facilitate the elimination and the safe and secure transportation and storage of chemical, biological, or other weapons, weapons components, weapons-related materials, and associated delivery vehicles.
Facilitate—
the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and associated delivery vehicles; and
the elimination of nuclear weapons, nuclear weapons components, and nuclear weapons delivery vehicles.
Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology, and expertise.
Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks that could affect the Armed Forces of the United States or allies of the United States, regardless of whether such diseases are caused by biological weapons.
Prevent the proliferation of weapons of mass destruction-related materials, including materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and the means of delivery of such weapons.
Carry out military-to-military and defense contacts for advancing the mission of the Program, subject to subsection (f).
The authority under subsection (a) to carry out the Program is subject to any concurrence of the Secretary of State or other appropriate agency head required under section 3712 or 3713 of this title (unless such concurrence is otherwise exempted pursuant to section 3751 of this title with respect to activities or determinations carried out or made before December 19, 2014 ).
The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide funds directly for a project or activity carried out under the Program.
The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. The Program may also involve the funding of critical short-term requirements relating to weapons destruction.
The Secretary of Defense may reimburse heads of other departments and agencies of the Federal Government under this section for costs of the participation of the respective departments and agencies in the Program.
The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)—
are focused and expanded to support specific relationship-building opportunities, which could lead to the development of the Program in new geographic areas and achieve other benefits of the Program;
are directly administered as part of the Program; and
include cooperation and coordination with—
the unified combatant commands; and
the Department of State.
Not less than 15 days before any obligation of any Cooperative Threat Reduction funds, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation of such funds for that fiscal year (or, in accordance with section 3735(b) of this title , the semiannual period covered by the report).
Each report under paragraph (1) shall specify—
the activities and forms of assistance for which the Secretary plans to obligate funds;
the amount of the proposed obligation; and
the projected involvement (if any) of any other department or agency of the United States and of the private sector of the United States in the activities and forms of assistance for which the Secretary plans to obligate such funds.
Except for Cooperative Threat Reduction funds subject to section 3735 of this title , paragraph (1) shall not apply with respect to a proposed obligation of Cooperative Threat Reduction funds that is covered by a notification previously submitted by the Secretary to the congressional defense committees that includes the matters described in subparagraphs (A) through (C) of paragraph (2).
For purposes of the Program, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a prior fiscal year that remain available for obligation, for a proliferation threat reduction project or activity if the Secretary, with the concurrence of the Secretary of State, determines each of the following:
That such project or activity will—
assist the United States in the resolution of a critical emerging proliferation threat; or
permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.
That such project or activity will be completed in a period not exceeding five years.
That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity.
Not later than 15 days before the date on which the Secretary obligates funds under subsection (a) for a project or activity, the Secretary of Defense shall notify, in writing, the congressional defense committees and the Secretary of State shall notify, in writing, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the determinations made under such subsection with respect to such project or activity, together with—
a justification for such determinations;
a description of the scope and duration of such project or activity; and
a discussion of—
whether authorities other than the authority under this section are available to the Secretaries to perform such project or activity to meet the threats or goals identified under subsection (a)(1); and
if such other authorities exist, why the Secretaries were not able to use such authorities for such project or activity.
With respect to military-to-military and defense contacts carried out under subsection (a)(6) of section 3711 of this title , as further described in subsection (f) of such section, concurrence of the Secretary of State under subsection (a) is required only for participation in such contacts by personnel from non-defense agencies of foreign countries.
The requirement for a determination under subsection (a) shall not apply to a state of the former Soviet Union.
Subject to subsections (b) and (c), not more than 15 percent of the total amount of Cooperative Threat Reduction funds for any fiscal year may be obligated or expended, notwithstanding any other provision of law, for covered activities.
With respect to an area not covered by subsection (c), the Secretary of Defense may obligate or expend funds pursuant to subsection (a) for covered activities if—
the Secretary determines, in writing, that—
a threat arising in such area from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently;
certain provisions of law would unnecessarily impede the ability of the Secretary to carry out such covered activities to address such threat; and
it is necessary to obligate or expend such funds to carry out such covered activities;
the Secretary of State and the Secretary of Energy concur with such determination; and
not later than seven days before the date on which the Secretary of Defense first obligates such funds, the Secretary of Defense, in consultation with the Secretary of State, submits to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate—
the determination under paragraph (1);
a description of the covered activities to be carried out using such funds;
the expected time frame for such activities; and
the expected cost of such activities.
With respect to an ungoverned area or an area that is not controlled by an effective governmental authority, as determined by the Secretary of State, the President may obligate or expend funds pursuant to subsection (a) for covered activities if—
the President determines, in writing, that—
a threat arising in such an area from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently; and
it is necessary to obligate or expend such funds to carry out such covered activities to address such threat; and
at the time at which the President first obligates such funds, the Secretary of Defense, in consultation with the Secretary of State, submits to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate—
the determination under paragraph (1);
a description of the covered activities to be carried out using such funds;
the expected time frame for such activities; and
the expected cost of such activities.
In this section, the term “covered activity” means an activity under the Program to address a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise.
For any fiscal year for which Cooperative Threat Reduction funds are specifically authorized in an Act other than an appropriations Act for specific purposes within the Program, the Secretary of Defense may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, for purposes other than such specified purposes if—
the Secretary determines that such obligation or expenditure is necessary in the national interests of the United States;
the Secretary submits to the congressional defense committees—
notification of the intent of the Secretary to make such an obligation or expenditure of funds; and
a complete discussion of the purpose and justification for such obligation or expenditure, including the amount of funds to be obligated or expended; and
a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under subparagraph (B).
Paragraph (1) may not be construed to authorize the obligation or expenditure of Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under section 3731 of this title or any other provision of law.
For any fiscal year for which Cooperative Threat Reduction funds are specifically authorized in an Act other than an appropriations Act for specific purposes within the Program, the Secretary may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, in excess of the specific amount so authorized for that purpose if—
the Secretary determines that such obligation or expenditure is necessary in the national interests of the United States;
the Secretary submits to the congressional defense committees—
notification of the intent of the Secretary to make such an obligation or expenditure of funds in excess of such authorized amount; and
a complete discussion of the justification for exceeding such specified amounts, including the amount by which the Secretary will exceed such specified amounts; and
a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under paragraph (2).
Subject to paragraph (2), the Secretary of Defense may enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) that the Secretary considers appropriate under which the person contributes funds for activities conducted under the Program.
The Secretary may enter into an agreement under paragraph (1) only with the concurrence of the Secretary of State.
Notwithstanding section 3302 of title 31 and subject to subsections (c) and (d), the Secretary of Defense may retain and obligate or expend funds contributed pursuant to subsection (a) for purposes of the Program. Funds so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available to be obligated or expended without further appropriation.
If the Secretary does not obligate or expend funds contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution.
Not later than 30 days after receiving funds contributed pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees a notice—
specifying the value of the contribution and the purpose for which the contribution was made; and
identifying the person who made the contribution.
The Secretary may not obligate funds contributed pursuant to subsection (a) until a period of 15 days elapses following the date on which the Secretary submits the notice under paragraph (1).
The Secretary shall submit to the congressional defense committees—
an implementation plan for the authority provided under this section prior to obligating or expending any funds contributed pursuant to subsection (a); and
any updates to such plan that the Secretary considers appropriate.
In this section, the term “appropriate congressional committees” means the following:
The congressional defense committees.
The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
SUBCHAPTER II— RESTRICTIONS AND LIMITATIONS
Cooperative Threat Reduction funds may not be obligated or expended for any of the following purposes:
Conducting any peacekeeping exercise or other peacekeeping-related activity.
Provision of housing.
Provision of assistance to promote environmental restoration.
Provision of assistance to promote job retraining.
Provision of assistance to promote defense conversion.
Cooperative Threat Reduction funds may not be obligated or expended for the elimination of—
conventional weapons; or
delivery vehicles of conventional weapons, unless such delivery vehicles could reasonably be used or adapted to be used for the delivery of chemical, nuclear, or biological weapons.
Before obligating any Cooperative Threat Reduction funds for a project described in subsection (b), the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
Subsection (a) applies to a project—
to be located in a state of the former Soviet Union;
which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000.
The on-site manager appointed under subsection (a) shall—
develop, in cooperation with representatives from governments of states participating in the project, a list of those steps or activities critical to achieving the disarmament or nonproliferation goals of the project;
establish a schedule for completing those steps or activities;
meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
suspend the participation of the United States in a project when a participant other than the United States fails to complete a scheduled step or activity on time, unless the Secretary of Defense directs the on-site manager to resume the participation of the United States.
Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
Steps or activities referred to in subsection (c)(1) are those steps or activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
Identification and acquisition of permits (as defined in section 3733 of this title).
Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
Timely provision of financial, personnel, management, transportation, and other resources.
In any case in which the Secretary directs an on-site manager to resume the participation of the United States in a project under subsection (c)(4), the Secretary shall notify the congressional defense committees of such direction by not later than 30 days after the date of such direction.
The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Program in a state of the former Soviet Union before obligating more than 40 percent of the total costs of that phase of the project.
Except as provided in subsection (c), with respect to a new construction project to be carried out by the Program, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary—
determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and
obtains from the state in which the project is to be located any permits that may be required to begin construction.
The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary—
determines that it is necessary in the national interest to obligate funds for such project; and
submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.
In this section, with respect to a project under the Program:
The term “new construction project” means a construction project for which no funds have been obligated or expended as of November 24, 2003.
The term “permit” means any local or national permit for development, general construction, environmental, land use, or other purposes that is required for purposes of major construction.
It is the sense of Congress that—
the United States should carry out activities under the Program in the Russian Federation only if those activities are consistent with and in support of the security interests of the United States; and
in carrying out any such activities after December 19, 2014, the Secretary of Defense should focus on only those activities that—
are in support of the arms control obligations of the United States and the Russian Federation; or
will reduce the threats posed by weapons of mass destruction and related materials and technology to the United States and countries in the Euro-Atlantic and Eurasian regions.
Cooperative Threat Reduction funds made available for a fiscal year after fiscal year 2015 may not be obligated or expended for activities in the Russian Federation unless such activities in Russia are specifically authorized by law.
In carrying out activities under the Program in the People’s Republic of China, the Secretary of Defense shall ensure that Cooperative Threat Reduction funds for such activities are obligated in semiannual installments.
With respect to carrying out activities under the Program in the People’s Republic of China, the Secretary of Defense shall submit to the congressional defense committees the reports required by section 3711(g) of this title on a semiannual basis by not later than 15 days before any obligation of Cooperative Threat Reduction funds for such activities during the covered semiannual period. In addition to the matters required by such section, each such report shall include, in coordination with the Secretary of State—
whether China has taken material steps to—
disrupt the proliferation activities of Li Fangwei (also known as Karl Lee, or any other alias known by the United States); and
arrest Li Fangwei pursuant the indictment charged in the United States District Court for the Southern District of New York on April 29, 2014;
whether China has proliferated to any non-nuclear weapons state, or any nuclear weapons state in violation of the Treaty on the Non-Proliferation of Nuclear Weapons, any item that contributes to a ballistic missile or nuclear weapons delivery system; and
the number, type, and summary of any demarches between the United States and China with respect to the matters described in subparagraphs (A) and (B).
At the same time as the Secretary of Defense submits to the congressional defense committees the information described in subparagraphs (A), (B), and (C) of paragraph (1) as part of the reports required by section 3711(g) of this title , the Secretary shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such information.
With respect to the information described in subparagraphs (A), (B), and (C) of paragraph (1)—
the first report described in such paragraph that is submitted after December 23, 2016, shall cover the preceding 12-month period before the date of such submission; and
each subsequent report shall cover the semiannual period preceding the date of such submission.
The information described in subparagraphs (A), (B), and (C) of paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
SUBCHAPTER III— RECURRING CERTIFICATIONS AND REPORTS
[Repealed]
In any year in which the President submits to Congress, under section 1105 of title 31 , the budget for a fiscal year that requests funds for the Department of Defense for activities or assistance under the Program, the Secretary of Defense, after consultation with the Secretary of State, shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the activities and assistance carried out under the Program.
Each report under subsection (a) shall be submitted not later than the first Monday in February of a year.
Each report under subsection (a) shall include the following:
An estimate of the total amount that will be required to be expended by the United States during the fiscal year covered by the budget described in subsection (a) in order to achieve the objectives of the Program.
A five-year plan setting forth the amount of funds and other resources proposed to be provided by the United States for the Program during the period covered by the plan, including the purpose for which such funds and resources will be used.
A description of the activities and assistance carried out under the Program during the fiscal year preceding the submission of the report, including—
the funds notified, obligated, and expended for such activities and assistance and the purposes for which such funds were notified, obligated, and expended for such fiscal year and cumulatively for the Program;
a description of the participation, if any, of each department and agency of the Federal Government in such activities and assistance;
a description of such activities and assistance, including the forms of assistance provided;
a description of the United States private sector participation in the portion of such activities and assistance that were supported by the obligation and expenditure of funds for the Program; and
such other information as the Secretary considers appropriate to fully inform Congress of the operation of activities and assistance carried out under the Program, including, with respect to proposed demilitarization or conversion projects, information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities.
A description of the means (including program management, audits, examinations, and other means) used by the United States during the fiscal year preceding the submission of the report to ensure that assistance provided under the Program is fully accounted for, that such assistance is being used for its intended purpose, and that such assistance is being used efficiently and effectively, including—
if such assistance consisted of equipment, a description of the current location of such equipment and the current condition of such equipment;
if such assistance consisted of contracts or other services, a description of the status of such contracts or services and the methods used to ensure that such contracts and services are being used for their intended purpose;
a determination whether the assistance described in subparagraphs (A) and (B) has been used for its intended purpose and an assessment of whether the assistance being provided is being used effectively and efficiently; and
a description of the efforts planned to be carried out during the fiscal year beginning in the year of the report to ensure that Department of Defense Cooperative Threat Reduction assistance provided during such fiscal year is fully accounted for and is used for its intended purpose.
A description of the defense and military activities carried out under section 3711(a)(6) of this title during the fiscal year preceding the submission of the report, including—
the amount of funds obligated or expended for such activities;
the strategy, goals, and objectives for which such funds were obligated and expended;
a description of the activities carried out, including the forms of assistance provided, and the justification for each form of assistance provided;
the success of each activity, including the goals and objectives achieved for each activity;
a description of participation by private sector entities in the United States in carrying out such activities, and the participation of any other department or agency of the Federal Government in such activities; and
any other information that the Secretary considers relevant to provide a complete description of the operation and success of activities carried out under the Program.
The requirement to submit the report under subsection (a) shall terminate on January 1, 2030 .
The Secretary of Defense shall implement metrics to measure the impact and effectiveness of activities of the Program to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weapons-related materials, technologies, and expertise.
SUBCHAPTER IV— TRANSITION PROVISIONS
Any determination made before December 19, 2014 , under section 5963(a) 1 1 See References in Text note below. of title 22 shall be treated as a determination under section 3712(a) of this title .
Any determination made before December 19, 2014 , under section 5965(b) 1 of title 22 shall be treated as a determination under section 3713(b) of this title .
Funds made available for Cooperative Threat Reduction programs pursuant to the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1632 ) or the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 672 ) that remain available for obligation as of December 19, 2014 , shall be available for the Program.
CHAPTER 49— MILITARY SELECTIVE SERVICE
This Act may be cited as the “Military Selective Service Act”.
The Congress declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation.
The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy.
The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.
To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this chapter, the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists.
The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources.
The Congress further declares that the Selective Service System should remain administratively independent of any other agency, including the Department of Defense.
Pub. L. 91–124, § 1, Nov. 26, 1969, 83 Stat. 220, provided:
“That this Act [see Tables for classification] may be cited as the ‘Selective Service Amendment Act of 1969’.”
Act June 30, 1955, ch. 250, § 1, 69 Stat. 223, provided:
“That this Act [see Tables for classification] may be cited as the ‘1955 Amendments to the Universal Military Training and Service Act’.”
Act June 19, 1951, ch. 144, title I, § 7, 65 Stat. 89, provided that:
“This title [see Tables for classification] may be cited as the ‘1951 Amendments to the Universal Military Training and Service Act’.”
Act June 19, 1951, ch. 144, title I, § 5, 65 Stat. 88, provided that:
“If any provisions of this Act [see Tables for classification] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.”
Except as otherwise provided in this chapter it shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 1101(a)(15) of title 8, for so long as he continues to maintain a lawful nonimmigrant status in the United States.
Regulations prescribed pursuant to subsection (a) may require that persons presenting themselves for and submitting to registration under this section provide, as part of such registration, such identifying information (including date of birth, address, and social security account number) as such regulations may prescribe.
Pub. L. 119–60, div. A, title V, § 535(c), Dec. 18, 2025, 139 Stat. 872, provided that:
“The amendments made by this section [enacting this section, amending sections 3803, 3806, 3809, 3811, and 3813 of this title, and repealing this section] shall take effect one year after the date of the enactment of this Act [ Dec. 18, 2025 ].”
Proc. No. 4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255, provided:
Under authority vested in the President by the Military Selective Service Act (62 Stat. 604), as amended [see References in Text note set out under section 3801 of this title], procedures have been established for the registration of male citizens of the United States and of other male persons who are subject to registration under section 3 of said act, as amended (85 Stat. 348) [50 U.S.C. 3802].
In order to evaluate an annual registration system, existing procedures are being terminated and will be replaced by new procedures which will provide for periodic registration.
NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by the Constitution and the statutes of the United States, including the Military Selective Service Act, as amended, do hereby revoke Proclamations No. 2799 of July 20, 1948, No. 2937 of August 16, 1951, No. 2938 of August 16, 1951, No. 2942 of August 30, 1951, No. 2972 of April 17, 1952, No. 3314 of September 14, 1959, and No. 4101 of January 13, 1972; thereby terminating the present procedures for registration under the Military Selective Service Act, as amended.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of March in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred ninety-ninth.
Gerald R. Ford.
Proc. No. 4771, July 2, 1980, 45 F.R. 45247, 94 Stat. 3775, as amended by Proc. No. 7275, Feb. 22, 2000, 65 F.R. 9199, provided:
Section 3 of the Military Selective Service Act, as amended (50 U.S.C. App. 453) [now 50 U.S.C. 3802], provides that male citizens of the United States and other male persons residing in the United States who are between the ages of 18 and 26, except those exempted by Sections 3 and 6(a) of the Military Selective Service Act [50 U.S.C. 3802, 3806(a)], must present themselves for registration at such time or times and place or places, and in such manner as determined by the President. Section 6(k) [50 U.S.C. 3806(k)] provides that such exceptions shall not continue after the cause for the exemption ceases to exist.
The Congress of the United States has made available the funds (H.J. Res. 521, approved by me on June 27, 1980 [Pub. L. 96–282, June 27, 1980, 93 Stat. 552]), which are needed to initiate this registration, beginning with those born on or after January 1, 1960.
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, by the authority vested in me by the Military Selective Service Act, as amended (50 U.S.C. App. 451 et seq.) [now 50 U.S.C. 3801 et seq.], do hereby proclaim as follows:
1–101. Male citizens of the United States and other males residing in the United States, unless exempted by the Military Selective Service Act, as amended, who were born on or after January 1, 1960, and who have attained their eighteenth birthday, shall present themselves for registration in the manner and at the time and places as hereinafter provided.
1–102. Persons born in calendar year 1960 shall present themselves for registration on any of the six days beginning Monday, July 21, 1980.
1–103. Persons born in calendar year 1961 shall present themselves for registration on any of the six days beginning Monday, July 28, 1980.
1–104. Persons born in calendar year 1962 shall present themselves for registration on any of the six days beginning Monday, January 5, 1981.
1–105. Persons born on or after January 1, 1963, shall present themselves for registration on the day they attain the 18th anniversary of their birth or on any day within the period of 60 days beginning 30 days before such date; however, in no event shall such persons present themselves for registration prior to January 5, 1981.
1–106. Aliens who would be required to present themselves for registration pursuant to Sections 1–101 to 1–105, but who are in processing centers on the dates fixed for registration, shall present themselves for registration within 30 days after their release from such centers.
1–107. Aliens and noncitizen nationals of the United States who reside in the United States, but who are absent from the United States on the days fixed for their registration, shall present themselves for registration within 30 days after their return to the United States.
1–108. Aliens and noncitizen nationals of the United States who, on or after July 1, 1980, come into and reside in the United States shall present themselves for registration in accordance with Sections 1–101 to 1–105 or within 30 days after coming into the United States, whichever is later.
1–109. Persons who would have been required to present themselves for registration pursuant to Sections 1–101 to 1–108 but for an exemption pursuant to Section 3 or 6(a) of the Military Selective Service Act, as amended [50 U.S.C. 3802, 3806(a)], or but for some condition beyond their control such as hospitalization or incarceration, shall present themselves for registration within 30 days after the cause for their exempt status ceases to exist or within 30 days after the termination of the condition which was beyond their control.
1–201. Persons who are required to be registered and who are in the United States shall register at the places and by the means designated by the Director of Selective Service. These places and means may include but are not limited to any classified United States Post Office, the Selective Service Internet web site, telephonic registration, registration on approved Government forms, registration through high school and college registrars, and the Selective Service reminder mailback card.
1–202. Citizens of the United States who are required to be registered and who are not in the United States, shall register via any of the places and methods authorized by the Director of Selective Service pursuant to paragraph 1–201 or present themselves at a United States Embassy or Consulate for registration before a diplomatic or consular officer of the United States or before a registrar duly appointed by a diplomatic or consular officer of the United States.
1–203. The hours for registration in United States Post Offices shall be the business hours during the days of operation of the particular United States Post Office. The hours for registration in United States Embassies and Consulates shall be those prescribed by the United States Embassies and Consulates.
1–301. Persons who are required to be registered shall comply with the registration procedures and other rules and regulations prescribed by the Director of Selective Service.
1–302. When reporting for registration each person shall present for inspection reasonable evidence of his identity. After registration, each person shall keep the Selective Service System informed of his current address.
Having proclaimed these requirements for registration, I urge everyone, including employers in the private and public sectors, to cooperate with and assist those persons who are required to be registered in order to ensure a timely and complete registration. Also, I direct the heads of Executive agencies, when requested by the Director of Selective Service and to the extent permitted by law, to cooperate and assist in carrying out the purposes of this Proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of July, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth.
Jimmy Carter.
Except as otherwise provided in this chapter, every person required to register pursuant to section 3802 of this chapter who is between the ages of eighteen years and six months and twenty-six years, at the time fixed for his registration, or who attains the age of eighteen years and six months after having been required to register pursuant to section 3802 of this title , or who is otherwise liable as provided in section 3806(h) of this title , shall be liable for training and service in the Armed Forces of the United States: Provided , That each registrant shall be immediately liable for classification and examination, and shall, as soon as practicable following his registration, be so classified and examined, both physically and mentally, in order to determine his availability for induction for training and service in the Armed Forces: Provided further , That, notwithstanding any other provision of law, any registrant who has failed or refused to report for induction shall continue to remain liable for induction and when available shall be immediately inducted. The President is authorized, from time to time, whether or not a state of war exists, to select and induct into the Armed Forces of the United States for training and service in the manner provided in this chapter (including but not limited to selection and induction by age group or age groups) such number of persons as may be required to provide and maintain the strength of the Armed Forces.
At such time as the period of active service in the Armed Forces required under this chapter of persons who have not attained the nineteenth anniversary of the day of their birth has been reduced or eliminated pursuant to the provisions of subsection (k), and except as otherwise provided in this chapter, every person who is required to register under this chapter and who has not attained the nineteenth anniversary of the day of his birth on the date such period of active service is reduced or eliminated or who is otherwise liable as provided in section 3806(h) of this title , shall be liable for training in the National Security Training Corps: Provided , That persons deferred under the provisions of section 3806 of this title shall not be relieved from liability for induction into the National Security Training Corps solely by reason of having exceeded the age of nineteen years during the period of such deferment. The President is authorized, from time to time, whether or not a state of war exists, to select and induct for training in the National Security Training Corps as hereinafter provided such number of persons as may be required to further the purposes of this chapter.
No person shall be inducted into the Armed Forces for training and service or shall be inducted for training in the National Security Training Corps under this chapter until his acceptability in all respects, including his physical and mental fitness, has been satisfactorily determined under standards prescribed by the Secretary of Defense: Provided , That the minimum standards for physical acceptability established pursuant to this subsection shall not be higher than those applied to persons inducted between the ages of 18 and 26 in January 1945: Provided further , That the passing requirement for the Armed Forces Qualification Test shall be fixed at a percentile score of 10 points: And provided further , That except in time of war or national emergency declared by the Congress the standards and requirements fixed by the preceding two provisos may be modified by the President under such rules and regulations as he may prescribe.
No persons shall be inducted for such training and service until adequate provision shall have been made for such shelter, sanitary facilities, water supplies, heating and lighting arrangements, medical care, and hospital accommodations for such persons as may be determined by the Secretary of Defense or the Secretary of Homeland Security to be essential to the public and personal health.
The persons inducted into the Armed Forces for training and service under this chapter shall be assigned to stations or units of such forces. Persons inducted into the land forces of the United States pursuant to this chapter shall be deemed to be members of the Army of the United States; persons inducted into the naval forces of the United States pursuant to this chapter shall be deemed to be members of the United States Navy or the United States Marine Corps or the United States Coast Guard, as appropriate; and persons inducted into the air forces of the United States pursuant to this chapter shall be deemed to be members of the Air Force of the United States.
Every person inducted into the Armed Forces pursuant to the authority of this subsection after June 19, 1951 , shall, following his induction, be given full and adequate military training for service in the armed force into which he is inducted for a period of not less than twelve weeks, and no such person shall, during this twelve weeks period, be assigned for duty at any installation located on land outside the United States, its Territories and possessions (including the Canal Zone): Provided , That no funds appropriated by the Congress shall be used for the purpose of transporting or maintaining in violation of the provisions of this paragraph any person inducted into, or enlisted, appointed, or ordered to active duty in, the Armed Forces under the provisions of this chapter.
No person, without his consent, shall be inducted for training and service in the Armed Forces or for training in the National Security Training Corps under this chapter, except as otherwise provided herein, after he has attained the twenty-sixth anniversary of the day of his birth.
Each person inducted into the Armed Forces under the provisions of subsection (a) of this section shall serve on active training and service for a period of twenty-four consecutive months, unless sooner released, transferred, or discharged in accordance with procedures prescribed by the Secretary of Defense (or the Secretary of Homeland Security with respect to the United States Coast Guard) or as otherwise prescribed by subsection (d). The Secretaries of the Army, Navy, and Air Force, with the approval of the Secretary of Defense (and the Secretary of Homeland Security with respect to the United States Coast Guard), may provide, by regulations which shall be as nearly uniform as practicable, for the release from training and service in the armed forces prior to serving the periods required by this subsection of individuals who volunteered for and are accepted into organized units of the Army National Guard and Air National Guard and other reserve components.
Under the provisions of applicable laws and regulations any person between the ages of eighteen years and six months and twenty-six years shall be offered an opportunity to enlist in the regular army for a period of service equal to that prescribed in subsection (b) of this section: Provided, That, notwithstanding the provisions of this or any other Act, any person so enlisting shall not have his enlistment extended without his consent until after a declaration of war or national emergency by the Congress after June 19, 1951.
Any enlisted member of any reserve component of the Armed Forces may, during the effective period of this Act, apply for a period of service equal to that prescribed in subsection (b) of this section and his application shall be accepted: Provided, That his services can be effectively utilized and that his physical and mental fitness for such service meet the standards prescribed by the head of the department concerned: Provided further, That active service performed pursuant to this section shall not prejudice his status as such member of such reserve component: And provided further, That any person who was a member of a reserve component on June 25, 1950, and who thereafter continued to serve satisfactorily in such reserve component, shall, if his application for active duty made pursuant to this paragraph is denied, be deferred from induction under this chapter until such time as he is ordered to active duty or ceases to serve satisfactorily in such reserve component.
Within the limits of the quota determined under section 3805(b) of this title for the subdivision in which he resides, any person, between the ages of eighteen and twenty-six, shall be afforded an opportunity to volunteer for induction into the Armed Forces of the United States for the training and service prescribed in subsection (b), but no person who so volunteers shall be inducted for such training and service so long as he is deferred after classification.
Within the limits of the quota determined under section 3805(b) of this title for the subdivision in which he resides, any person after attaining the age of seventeen shall with the written consent of his parents or guardian be afforded an opportunity to volunteer for induction into the Armed Forces of the United States for the training and service prescribed in subsection (b).
Within the limits of the quota determined under section 3805(b) of this title for the subdivision in which he resides, at such time as induction into the National Security Training Corps is authorized pursuant to the provisions of this chapter, any person after attaining the age of seventeen shall with the written consent of his parents or guardian be afforded an opportunity to volunteer for induction into the National Security Training Corps for the training prescribed in subsection (k).
Each person who hereafter and prior to June 19, 1951, is inducted, enlisted, or appointed and serves for a period of less than three years in one of the armed forces and meets the qualifications for enlistment or appointment in a reserve component of the armed force in which he serves, shall be transferred to a reserve component of such armed force, and until the expiration of a period of five years after such transfer, or until he is discharged from such reserve component, whichever occurs first, shall be deemed to be a member of such reserve component and shall be subject to such additional training and service as may now or hereafter be prescribed by law for such reserve component: Provided, That any such person who completes at least twenty-one months of service in the armed forces and who thereafter serves satisfactorily (1) on active duty in the armed forces under a voluntary extension for a period of at least one year, which extension is authorized, or (2) in an organized unit of any reserve component of any of the armed forces for a period of at least thirty-six consecutive months, shall, except in time of war or national emergency declared by the Congress, be relieved from any further liability under this subsection to serve in any reserve component of the armed forces of the United States, but nothing in this subsection shall be construed to prevent any such person, while in a reserve component of such forces, from being ordered or called to active duty in such forces.
Each person who hereafter and prior to June 19, 1951, is enlisted under the provisions of subsection (g) 1 of this section and who meets the qualifications for enlistment or appointment in a reserve component of the armed forces shall, upon discharge from such enlistment under honorable conditions, be transferred to a reserve component of the armed forces of the United States and shall serve therein for a period of six years or until sooner discharged. Each such person shall, so long as he is a member of such reserve component, be liable to be ordered to active duty, but except in time of war or national emergency declared by the Congress no such person shall be ordered to active duty, without his consent and except as hereinafter provided, for more than one month in any year. In case the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force determines that enlistment, enrollment, or appointment in, or assignment to, an organized unit of a reserve component or an officers’ training program of the armed force in which he served is available to, and can without undue hardship be filled by, any such person, it shall be the duty of such person to enlist, enroll, or accept appointment in, or accept assignment to, such organized unit or officers’ training program and to serve satisfactorily therein for a period of four years. Any such person who fails or refuses to perform such duty may be ordered to active duty, without his consent, for an additional period of not more than twelve consecutive months. Any such person who enlists or accepts appointment in any such organized unit and serves satisfactorily therein for a period of four years shall, except in time of war or national emergency declared by the Congress, be relieved from any further liability under this subsection to serve in any reserve component of the armed forces of the United States, but nothing in this subsection shall be construed to prevent any such person, while in a reserve component of such forces, from being ordered or called to active duty in such forces. The Secretary of Defense is authorized to prescribe regulations governing the transfer of such persons within and between reserve components of the armed forces and determining, for the purpose of the requirements of the foregoing provisions of this paragraph, the credit to be allowed any person so transferring for his previous service in one or more reserve components.
Each person who, subsequent to June 19, 1951, and on or before August 9, 1955, is inducted, enlisted, or appointed, under any provision of law, in the Armed Forces, including the reserve components thereof, or in the National Security Training Corps prior to attaining the twenty-sixth anniversary of his birth, shall be required to serve on active training and service in the Armed Forces or in training in the National Security Training Corps, and in a reserve component, for a total period of eight years, unless sooner discharged on grounds of personal hardship, in accordance with regulations and standards prescribed by the Secretary of Defense (or the Secretary of Transportation with respect to the United States Coast Guard). Each such person, on release from active training and service in the Armed Forces or from training in the National Security Training Corps, shall, if physically and mentally qualified, be transferred to a reserve component of the Armed Forces, and shall serve therein for the remainder of the period which he is required to serve under this paragraph and shall be deemed to be a member of the reserve component during that period. If the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the Secretary of Transportation with respect to the United States Coast Guard, determines that enlistment, enrollment, or appointment in, or assignment to, an organized unit of a reserve component or an officers’ training program of the armed force in which he served is available to, and can, without undue personal hardship, be filled by such a person, that person shall enlist, enroll, or accept appointment in, or accept assignment to, the organized unit or officers’ training program, and serve satisfactorily therein.
With respect to the persons inducted for training and service under this chapter there shall be paid, allowed, and extended the same pay, allowances, pensions, disability and death compensation, and other benefits as are provided by law in the case of other enlisted men of like grades and length of service of that component of the armed forces to which they are assigned. Section 3 of the Act of July 25, 1947 (Public Law 239, Eightieth Congress), is amended by deleting therefrom the following: “Act of March 7, 1942 ( 56 Stat. 143 to 148, ch. 166), as amended”. The Act of March 7, 1942 ( 56 Stat. 143 to 148), as amended, is made applicable to persons inducted into the armed forces pursuant to this chapter.
Notwithstanding any other provision of law, any person who is inducted into the armed forces under this Act and who, before being inducted, was receiving compensation from any person may, while serving under that induction, receive compensation from that person.
The National Security Council shall periodically advise the Director of the Selective Service System and coordinate with him the work of such State and local volunteer advisory committees which the Director of Selective Service may establish, with respect to the identification, selection, and deferment of needed professional and scientific personnel and those engaged in, and preparing for, critical skills and other essential occupations. In the performance of its duties under this subsection the National Security Council shall consider the needs of both the Armed Forces and the civilian segment of the population.
Upon a finding by him that such action is justified by the strength of the Armed Forces in the light of international conditions, the President, upon recommendation of the Secretary of Defense, is authorized, by Executive order, which shall be uniform in its application to all persons inducted under this chapter but which may vary as to age groups, to provide for (A) decreasing periods of service under this chapter but in no case to a lesser period of time than can be economically utilized, or (B) eliminating periods of service required under this chapter.
Whenever the Congress shall by concurrent resolution declare—
the period of active service in the Armed Forces of the age group or groups designated in any such resolution shall be so decreased or eliminated, as the case may be. Whenever the period of active service required under this chapter of persons who have not attained the nineteenth anniversary of the day of their birth has been reduced or eliminated by the President or as a result of the adoption of a concurrent resolution of the Congress in accordance with the foregoing provisions of this section, all individuals then or thereafter liable for registration under this chapter who on that date have not attained the nineteenth anniversary of the day of their birth and have not been inducted into the Armed Forces shall be liable, effective on such date, for induction into the National Security Training Corps as hereinafter established for initial military training for a period of six months.
that the period of active service required of any age group or groups of persons inducted under this chapter should be decreased to any period less than twenty-four months which may be designated in such resolution; or
that the period of active service required of any age group or groups of persons inducted under this chapter should be eliminated,
, (4) Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 656.
The Commission shall, subject to the direction of the President, exercise general supervision over the training of the National Security Training Corps, which training shall be basic military training. The Commission shall establish such policies and standards with respect to the conduct of the training of members of the National Security Training Corps as are necessary to carry out the purposes of this Act. The Commission shall make adequate provisions for the moral and spiritual welfare of members of the National Security Training Corps. The Secretary of Defense shall designate the military departments to carry out such training. Each military department so designated shall carry out such military training in accordance with the policies and standards of the Commission. The military department or departments so designated to carry out such military training shall, subject to the approval of the Secretary of Defense, and subject to the policies and standards established by the Commission, determine the type or types of basic military training to be given to members of the National Security Training Corps.
Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 656.
Not later than four months following confirmation of the members of the Commission, the Commission shall submit to the Congress legislative recommendations which shall include, but not be limited to—
All legislative recommendations submitted under this paragraph shall be referred to the Committees on Armed Services of the two Houses, and each of such committees shall, not later than the expiration of the first period of 45 calendar days of continuous sessions of the Congress, following the date on which the recommendations provided for in this paragraph are transmitted to the Congress, report thereon to its House: Provided, That any bill or resolution reported with respect to such recommendations shall be privileged and may be called up by any member of either House but shall be subject to amendment as if it were not so privileged.
a broad outline for a program deemed by the Commission and approved by the Secretary of Defense to be appropriate to assure that the training carried out under the provisions of this Act shall be of a military nature, but nothing contained in this paragraph shall be construed to grant to the Commission the authority to prescribe the basic type or types of military training to be given members of the National Security Training Corps;
measures for the personal safety, health, welfare and morals of members of the National Security Training Corps;
a code of conduct, together with penalties for violation thereof;
measures deemed necessary to implement the policies and standards established under the provisions of paragraph (5) of this subsection; and
disability and death benefits and other benefits, and the obligations, duties, liabilities and responsibilities, to be granted to or imposed upon members of the National Security Training Corps.
No person shall be inducted into the National Security Training Corps until after—
a code of conduct, together with penalties for violation thereof, and measures providing for disability and death benefits have been enacted into law; and
such other legislative recommendations as are provided for in paragraph (7) shall have been considered and such recommendations or any portion thereof shall have been enacted with or without amendments into law; and
the period of service required under this chapter of persons who have not attained the nineteenth anniversary of the day of their birth has been reduced or eliminated by the President or as a result of the adoption of a concurrent resolution of the Congress in accordance with paragraph (2) of this subsection.
Six months following the commencement of induction of persons into the National Security Training Corps, and semiannually thereafter, the Commission shall submit to the Congress a comprehensive report describing in detail the operation of the National Security Training Corps, including the number of persons inducted therein, a list of camps and stations at which training is being conducted, a report on the number of deaths and injuries occurring during such training and the causes thereof, an estimate of the performance of the persons inducted therein, including an analysis of the disciplinary problems encountered during the preceding six months, the number of civilian employees of the Commission and the administrative costs of the Commission. Simultaneously, there shall be submitted to the Congress by the Secretary of Defense a report setting forth an estimate of the value of the training conducted during the preceding six months, the cost of the training program chargeable to the appropriations made to the Department of Defense, and the number of personnel of the Armed Forces directly engaged in the conduct of such training.
Each person inducted into the National Security Training Corps shall be compensated at the monthly rate of $30: Provided, however, That each such person, having a dependent or dependents shall be entitled to receive a dependency allowance equal to the basic allowance for housing provided for persons in pay grade E–1 under section 403 of title 37 plus $40 so long as such person has in effect an allotment equal to the amount of such dependency allowance for the support of the dependent or dependents on whose account the allowance is claimed.
No person inducted into the National Security Training Corps shall be assigned for training at an installation located on land outside the continental United States, except that residents of Territories and possessions of the United States may be trained in the Territory or possession from which they were inducted.
Amendment by Pub. L. 119–60 effective one year after Dec. 18, 2025, see section 535(c) of Pub. L. 119–60, set out as an Effective Date of Repeal note under section 3802 of this title.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
Pub. L. 85–62, § 9, June 27, 1957, 71 Stat. 208, as amended by Pub. L. 86–4, § 4, Mar. 23, 1959, 73 Stat. 13; Pub. L. 88–2, § 4, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90–40, § 4, June 30, 1967, 81 Stat. 105; Pub. L. 92–129, title I, § 103, Sept. 28, 1971, 85 Stat. 355, provided that:
“This Act [see Tables for classification] takes effect July 1, 1957 , and shall terminate July 1, 1973 .”
Act July 9, 1952, ch. 608, pt. VIII, § 813, 66 Stat. 509, provided that the amendment made by that section is effective as of June 19, 1951.
Act Sept. 9, 1950, ch. 939, § 7, 64 Stat. 828, as amended by acts June 19, 1951, § 2(b); June 29, 1953, § 9; and June 30, 1955, § 201, and by Pub. L. 85–62, § 8, provided that subsecs. (i) and (j) of this section, which were added by act Sept. 9, 1950, shall terminate as of June 30, 1957. See Effective and Termination Dates of 1957 Amendment note set out above with respect to subsec. (j) as reenacted and amended by Pub. L. 85–62.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Proc. No. 2906, Oct. 6, 1950, 15 F.R. 6845, 64 Stat. Pt. 2, p. A437, as amended Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64 Stat. Pt. 2, p. A455, provided:
1. Every male person who participated as a student in the Army specialized training program or any similar program administered by the Navy, or was deferred from service during World War II for the purpose of pursuing a course of instruction leading to education in a medical, dental, or allied specialist category, and has had less than twenty-one months of active duty in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to the completion of, or release from, such program or course of instruction (exclusive of time spent in post-graduate training), and who, on the day or any of the days hereinafter fixed for his registration (a) shall have received from any school, college, university, or similar institution of learning, one or more of the degrees of bachelor of medicine, doctor of medicine, doctor of dental surgery, doctor of dental medicine, doctor of veterinary surgery, and doctor of veterinary medicine, (b) is within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not a member of any reserve component of the armed forces of the United States, and (d) shall not have attained the fiftieth anniversary of the day of his birth is required to and shall on that day or any of those days present himself for and submit to registration before a duly designated registration official or selective service local board having jurisdiction in the area in which he has his permanent home or in which he may happen to be on that day or any of those days.
2. The special registration of the male persons required to submit to registration by paragraph numbered 1 hereof shall take place in the several States of the United States, the District of Columbia, the Territories of Alaska and Hawaii, Puerto Rico, and the Virgin Islands between the hours of 8:00 a.m. and 5:00 p.m. on the day or days hereinafter designated for their registration, as follows:
(a) Persons who shall have received any of the degrees above referred to on or before October 16, 1950, shall be registered on Monday, the 16th day of October, 1950.
(b) Persons who receive any of the degrees above referred to after October 16, 1950, shall be registered on the day they receive any such degree, or within five days thereafter.
(c) Persons who shall have received any of the degrees above referred to and who enter any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands after October 16, 1950, shall be registered on the day of such entrance, or within five days thereafter.
3. Every male person who has not had active service in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to September 16, 1940, and every male person not included in the first or the second of the priorities defined in section 4(i)(2) of the Selective Service Act of 1948, as amended [now the Military Selective Service Act, former 50 U.S.C. 3803(i)(2)], who has had active service in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to September 16, 1940, who on the day or any of the days hereafter fixed by the Director of Selective Service for his registration (a) shall have received from a school, college, university, or similar institution of learning one or more of the degrees of bachelor of medicine, doctor of medicine, doctor of dental surgery, doctor of dental medicine, doctor of veterinary surgery, and doctor of veterinary medicine, (b) is within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not a member of any reserve component of the armed forces of the United States, and (d) shall not have attained the fiftieth anniversary of the day of his birth is required to and shall on that day or any of those days present himself for and submit to registration before a duly designated registration official or selective service local board having jurisdiction in the area in which he has his permanent home or in which he may happen to be on that day or any of those days.
4. The Director of Selective Service is hereby authorized and directed to fix the date or dates for the special registration required under paragraph numbered 3 hereof: Provided, that the date or dates so fixed shall be not later than January 16, 1951.
5. The Director of Selective Service is hereby authorized to require special registration of, and fix the date or dates of registration for, all other persons who are subject to registration under section 4(i) of the Selective Service Act of 1948, as amended, and who are not required to register under or pursuant to this proclamation.
6. All orders and directives of the Director of Selective Service issued pursuant to paragraph numbered 4 or paragraph numbered 5 hereof shall be published in the Federal Register.
7. (a) A person subject to registration under or pursuant to this proclamation who, because of circumstances beyond his control, is unable to present himself for and submit to registration during the hours of the day or any of the days fixed for registration shall do so as soon as possible after the cause for such inability ceases to exist.
(b) Every person subject to registration under or pursuant to this proclamation who has registered in accordance with Proclamation No. 2799 of July 20, 1948, issued under the Selective Service Act of 1948, as amended, [now the Military Selective Service Act] and the regulations prescribed thereunder, shall, notwithstanding such registration, present himself for and submit to registration as required by or pursuant to this proclamation.
(c) The duty of any person to present himself for and submit to registration in accordance with Proclamation No. 2799 of July 20, 1948, issued under the Selective Service Act of 1948, as amended [now the Military Selective Service Act] and the regulations prescribed thereunder, shall not be affected by this proclamation.
8. Every person subject to registration under or pursuant to this proclamation is required to familiarize himself with the rules and regulations governing such registration and to comply therewith.
9. I call upon the Governors of each of the several States, the Territories of Alaska and Hawaii, Puerto Rico, and the Virgin Islands and the Board of Commissioners of the District of Columbia, and all officers and agents of the United States and all officers and agents of the several States, the Territories of Alaska and Hawaii, Puerto Rico, the Virgin Islands, and the District of Columbia, and political subdivisions thereof, and all local boards and agents thereof appointed under the provisions of title I of the Selective Service Act of 1948, as amended [now the Military Selective Service Act, 50 U.S.C. 3801 et seq.], or the regulations prescribed thereunder, to do and perform all acts and services necessary to accomplish effective and complete registration.
10. In order that there may be full cooperation in carrying into effect the purposes of section 4(i) of title I of the Selective Service Act of 1948, as amended, I urge all employers and Government agencies of all kinds—Federal, State, territorial, and local—to give those under their charge sufficient time in which to fulfill the obligations of registration incumbent upon them under the said Act and under or pursuant to this proclamation.
Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64 Stat. 494, provided:
Proclamation No. 2906 of October 6, 1950 [set out above], be, and it is hereby, amended, effective as of October 6, 1950, so as to exempt from the force and effect thereof, until otherwise directed by the President by proclamation, (1) commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service, and (2) aliens who are residing in the United States and have not declared their intention of becoming citizens of the United States and who are also in one of the following categories: (a) alien students admitted under subdivision (e) of section 4 of the Immigration Act approved May 26, 1924, as amended [former 8 U.S.C. 204], (b) aliens recognized as diplomatic, consular, military or civilian officials or employees of a foreign government and members of their families, (c) aliens who are officials or employees of a public international organization recognized under the International Organizations Immunities Act, approved December 29, 1945 (59 Stat. 669) [22 U.S.C. 288 et seq.], and members of their families, (d) aliens who have entered the United States and remain therein pursuant to the provisions of section 11 of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, as approved in Public Law 357, 80th Congress (61 Stat. 756) [22 U.S.C. 287 note], (e) aliens who are nationals of a country with which there is in effect a treaty or international agreement exempting its nationals from military service while they are within the United States, or (f) other aliens whose admission to the United States is for a temporary stay only: Provided, That such exemption shall not continue after the cause thereof shall cease to exist.
Any physician or dentist who meets the qualifications for a reserve commission in the respective military departments shall, so long as there is a need for the services of such a physician or dentist, be afforded an opportunity to volunteer for a period of active duty of not less than twenty-four months. Any physician or dentist who so volunteers his service, and meets the qualifications for a reserve commission shall be ordered to active duty for not less than twenty-four months, notwithstanding the grade or rank to which such physician or dentist is entitled under the provisions of the Act of September 9, 1950 , as amended.
The selection of persons for training and service under section 3803 of this title shall be made in an impartial manner, under such rules and regulations as the President may prescribe, from the persons who are liable for such training and service and who at the time of selection are registered and classified, but not deferred or exempted: Provided, That in the selection of persons for training and service under this chapter, and in the interpretation and execution of the provisions of this chapter, there shall be no discrimination against any person on account of race or color: Provided further, That in the classification of registrants within the jurisdiction of any local board, the registrants of any particular registration may be classified, in the manner prescribed by and in accordance with rules and regulations prescribed by the President, before, together with, or after the registrants of any prior registration or registrations; and in the selection for induction of persons within the jurisdiction of any local board and within any particular classification, persons who were registered at any particular registration may be selected, in the manner prescribed by and in accordance with rules and regulations prescribed by the President, before, together with, or after persons who were registered at any prior registration or registrations: And provided further, That nothing herein shall be construed to prohibit the selection or induction of persons by age group or groups under rules and regulations prescribed by the President: And provided further, That—
no local board shall order for induction for training and service in the Armed Forces of the United States any person who has not attained the age of nineteen, if there is any person within the jurisdiction of such local board who (i) is as much as ninety days older, (ii) has not attained the age of nineteen, and (iii) is deemed by the local board to be available for induction; and
no local board shall order for induction for training and service in the Armed Forces of the United States an alien unless such alien shall have resided in the United States for one year.
Quotas of men to be inducted for training and service under this chapter shall be determined for each State, Territory, possession, and the District of Columbia, and for subdivisions thereof, on the basis of the actual number of men in the several States, Territories, possessions, and the District of Columbia, and the subdivisions thereof, who are liable for such training and service but who are not deferred after classification, except that credits shall be given in fixing such quotas for residents of such subdivisions who are in the armed forces of the United States on the date fixed for determining such quotas. After such quotas are fixed, credits shall be given in filling such quotas for residents of such subdivisions who subsequently become members of such forces. Until the actual numbers necessary for determining the quotas are known, the quotas may be based on estimates, and subsequent adjustments therein shall be made when such actual numbers are known. All computations under this subsection shall be made in accordance with such rules and regulations as the President may prescribe.
Whenever the President has provided for the selection of persons for training and service in accordance with random selection under subsection (a) of this section, calls for induction may be placed under such rules and regulations as he may prescribe, notwithstanding the provisions of subsection (b) of this section.
Notwithstanding any other provision of this Act, not more than 130,000 persons may be inducted into the Armed Forces under this Act in the fiscal year ending June 30, 1972 , and not more than 140,000 in the fiscal year ending June 30, 1973 , unless a number greater than that authorized in this subsection for such fiscal year or years is authorized by a law enacted after September 28, 1971 .
Amendment by Pub. L. 85–62 to take effect on July 1, 1957, and terminate on July 1, 1973, see section 9 of Pub. L. 85–62, set out as a note under section 3803 of this title.
Proc. No. 3945, Nov. 26, 1969, 34 F.R. 19017, 83 Stat. 972, provided:
WHEREAS section 5(a)(1) of the Military Selective Service Act of 1967, as amended (50 U.S.C. App. 455(a)(1)) [now the Military Selective Service Act, 50 U.S.C. 3805(a)(1)], provides that selection of persons for training and service under that Act shall be made in an impartial manner without discrimination on account of race or color, under such rules and regulations as the President may prescribe; and
WHEREAS section 5(a)(2) of that Act (50 U.S.C. App. 455(a)(2)) [now 50 U.S.C. 3805(a)(2)] limited the President’s authority to prescribe rules and regulations by requiring, in effect, the selection of registrants through a method known as “oldest first”; and
WHEREAS such section 5(a)(2) has been repealed by Public Law 91–124 of November 26, 1969:
NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me by section 5(a) of the Military Selective Service Act of 1967, as amended, and having determined that a method of random selection will provide the most equitable basis for selection of registrants for military training and service, do hereby proclaim the following:
That a random selection sequence will be established by a drawing to be conducted in Washington, D.C., on December 1, 1969, and will be applied nationwide. The random selection method will use 366 days to represent the birthdays (month and day only) of all registrants who, prior to January 1, 1970, shall have attained their nineteenth year of age but not their twenty-sixth. The drawing, commencing with the first day selected and continuing until all 366 days are drawn, shall be accomplished impartially.
On the day designated above, a supplemental drawing or drawings will be conducted to determine alphabetically the random selection sequence by name among registrants who have the same birthday.
The random selection sequence obtained as described above shall determine the order of selection of registrants who prior to January 1, 1970, shall have attained their nineteenth year of age but not their twenty-sixth and who are not volunteers and not delinquents. New random selection sequences shall be established, in a similar manner, for registrants who attain their nineteenth year of age on or after January 1, 1970.
The random sequence number determined for any registrant shall apply to him so long as he remains subject to induction for military training and service by random selection.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of November, in the year of our Lord nineteen hundred and sixty-nine, and of the Independence of the United States of America the one hundred and ninety-fourth.
Richard Nixon.
Commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, and the Environmental Science Services Administration; 1 cadets, United States Military Academy; midshipmen, United States Naval Academy; cadets, United States Air Force Academy; cadets, United States Coast Guard Academy; midshipmen, Merchant Marine Reserve, members of the United States Navy Reserve; students enrolled in an officer procurement program at military colleges the curriculum of which is approved by the Secretary of Defense; members of the reserve components of the Armed Forces and the Coast Guard, while on active duty; and foreign diplomatic representatives, technical attachés of foreign embassies and legations, consuls general, consuls, vice consuls and other consular agents of foreign countries who are not citizens of the United States, and members of their families, and persons in other categories to be specified by the President who are not citizens of the United States, shall not be required to be registered under section 3802 of this title and shall be relieved from liability for training and service under section 3803 of this title, except that aliens admitted for permanent residence in the United States shall not be so exempted: Provided, That any alien lawfully admitted for permanent residence as defined in paragraph (20) of section 1101(a) of title 8 and who by reason of occupational status is subject to adjustment to nonimmigrant status under paragraph (15)(A), (15)(E), or (15)(G) of such section 1101(a) but who executes a waiver in accordance with section 1257(b) of title 8 of all rights, privileges, exemptions, and immunities which would otherwise accrue to him as a result of that occupational status, shall be subject to registration under section 3802 of this title, but shall be deferred from induction for training and service for so long as such occupational status continues. Any person who subsequent to June 24, 1948, serves on active duty for a period of not less than twelve months in the armed forces of a nation with which the United States is associated in mutual defense activities as defined by the President, may be exempted from training and service, but not from registration, in accordance with regulations prescribed by the President, except that no such exemption shall be granted to any person who is a national of a country which does not grant reciprocal privileges to citizens of the United States: Provided, That any active duty performed prior to June 24, 1948, by a person in the armed forces of a country allied with the United States during World War II and with which the United States is associated in such mutual defense activities, shall be credited in the computation of such twelve-month period: Provided further, That any person who is in a medical, dental, or allied specialist category not otherwise deferred or exempted under this subsection shall be liable for registration and training and service until the thirty-fifth anniversary of the date of his birth.
Commissioned officers of the Public Health Service and members of the Reserve of the Public Health Service while on active duty and assigned to staff the various offices and bureaus of the Public Health Service, including the National Institutes of Health, or assigned to the Coast Guard, the Bureau of Prisons, Department of Justice, the Environmental Protection Agency, or the Environmental Science Services Administration 1 or who are assigned to assist Indian tribes, groups, bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 674), as amended [42 U.S.C. 2001 et seq.], shall not be required to be registered under section 3802 of this title and shall be relieved from liability for training and service under section 3803 of this title. Notwithstanding the preceding sentence, commissioned officers of the Public Health Service and members of the Reserve of the Public Health Service who, prior to June 30, 1967, had been detailed or assigned to duty other than that specified in the preceding sentence shall not be required to be registered under section 3802 of this title and shall be relieved from liability for training and service under section 3803 of this title.
No person who served honorably on active duty between September 16, 1940, and June 24, 1948, for a period of twelve months or more, or between December 7, 1941, and September 2, 1945, for a period in excess of ninety days, in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945, shall be liable for induction for training and service under this chapter, except after a declaration of war or national emergency made by the Congress subsequent to June 24, 1948.
No person who served honorably on active duty between September 16, 1940, and June 24, 1948, for a period of ninety days or more but less than twelve months in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945, shall be liable for induction for training and service under this chapter, except after a declaration of war or national emergency made by the Congress subsequent to June 24, 1948, if—
Nothing in this paragraph shall be deemed to be applicable to any person to whom paragraph (1) of this subsection is applicable.
the local board determines that he is regularly enlisted or commissioned in any organized unit of a reserve component of the armed force in which he served, provided such unit is reasonably accessible to such person without unduly interrupting his normal pursuits and activities (including attendance at a college or university in which he is regularly enrolled), or in a reserve component (other than in an organized unit) of such armed force in any case in which enlistment or commission in an organized unit of a reserve component of such armed force is not available to him; or
the local board determines that enlistment or commission in a reserve component of such armed force is not available to him or that he has voluntarily enlisted or accepted appointment in an organized unit of a reserve component of an armed force other than the armed force in which he served.
Except as provided in section 3805(a) of this title, and notwithstanding any other provision of this Act, no person who (A) has served honorably on active duty after September 16, 1940, for a period of not less than one year in the Army, the Air Force, the Navy, the Marine Corps, or the Coast Guard, or (B) subsequent to September 16, 1940, was discharged for the convenience of the Government after having served honorably on active duty for a period of not less than six months in the Army, the Air Force, the Navy, the Marine Corps, or the Coast Guard, or (C) has served for a period of not less than twenty-four months (i) as a commissioned officer in the Public Health Service or (ii) as a commissioned officer in the Coast and Geodetic Survey, shall be liable for induction for training and service under this Act, except after a declaration of war or national emergency made by the Congress subsequent to June 24, 1948.
No person who is honorably discharged upon the completion of an enlistment pursuant to section 3803(c) of this title shall be liable for induction for training and service under this chapter, except after a declaration of war or national emergency made by the Congress subsequent to June 24, 1948.
For the purposes of computation of the periods of active duty referred to in paragraphs (1), (2), or (3) of this subsection, no credit shall be allowed for—
periods of active duty training performed as a member of a reserve component pursuant to an order or call to active duty solely for training purposes;
periods of active duty in which the service consisted solely of training under the Army specialized training program, the Army Air Force college training program, or any similar program under the jurisdiction of the Navy, Marine Corps, or Coast Guard;
periods of active duty as a cadet at the United States Military Academy or United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, or in a preparatory school after nomination as a principal, alternate, or candidate for admission to any of such academies; or
periods of active duty in any of the armed forces while being processed for entry into or separation from any educational program or institution referred to in paragraphs (B) or (C); 2
Persons who, on February 1, 1951, were members of organized units of the federally recognized National Guard, the federally recognized Air National Guard, the Officers’ Reserve Corps, the Regular Army Reserve, the Air Force Reserve, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve, the Coast Guard Reserve, or the Public Health Service Reserve, shall, so long as they continue to be such members and satisfactorily participate in scheduled drills and training periods as prescribed by the Secretary of Defense, be exempt from training and service by induction under the provisions of this chapter, but shall not be exempt from registration unless on active duty.
Any person, other than a person referred to in subsection (d) of this section, who—
enlists or accepts appointment, before attaining the age of 26 years, in the Ready Reserve of any Reserve component of the Armed Forces, the Army National Guard, or the Air National Guard, shall be deferred from training and service under this chapter so long as he serves satisfactorily as a member of an organized unit of such Reserve or National Guard in accordance with section 10147 of title 10 or section 502 of title 32, as the case may be, or satisfactorily performs such other Ready Reserve service as may be prescribed by the Secretary of Defense. Enlistments or appointments under subparagraphs (ii) and (iii) of this clause may be accepted notwithstanding the provisions of section 3813(d) of this title. Notwithstanding the provisions of subsection (h) of this section, no person deferred under this clause who has completed six years of such satisfactory service as a member of the Ready Reserve or National Guard, and who during such service has performed active duty for training with an armed force for not less than twelve consecutive weeks, shall be liable for induction for training and service under this Act, except after a declaration of war or national emergency made by the Congress after August 9, 1955. In no event shall the number of enlistments or appointments made under authority of this paragraph in any fiscal year in any Reserve component of the Armed Forces or in the Army National Guard or the Air National Guard cause the personnel strength of such Reserve component or the Army National Guard or the Air National Guard, as the case may be, to exceed the personnel strength for which funds have been made available by the Congress for such fiscal year.
prior to the issuance of orders for him to report for induction; or
prior to the date scheduled for his induction and pursuant to a proclamation by the Governor of a State to the effect that the authorized strength of any organized unit of the National Guard of that State cannot be maintained by the enlistment or appointment of persons who have not been issued orders to report for induction under this chapter; or
prior to the date scheduled for his induction and pursuant to a determination by the President that the strength of the Ready Reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve cannot be maintained by the enlistment or appointment of persons who have not been issued orders to report for induction under this chapter;
A person who, under any provision of law, is exempt or deferred from training and service under this Act by reason of membership in a reserve component, the Army National Guard, or the Air National Guard, as the case may be, shall, if he becomes a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be, continue to be exempt or deferred to the same extent as if he had not become a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be, so long as he continues to serve satisfactorily.
Except as provided in subsection (b) and the provisions of this subsection, no person who becomes a member of a reserve component after February 1, 1951, shall thereby be exempt from registration or training and service by induction under the provisions of this Act.
Notwithstanding any other provision of this Act, the President, under such rules and regulations as he may prescribe, may provide that any person enlisted or appointed after October 4, 1961, in the Ready Reserve of any reserve component of the Armed Forces (other than under section 12103 of title 10), the Army National Guard, or the Air National Guard, prior to attaining age of twenty-six years, or any person enlisted or appointed in the Army National Guard or the Air National Guard or enlisted in the Ready Reserve of any reserve component prior to attaining the age of eighteen years and six months and deferred under the prior provisions of this paragraph as amended by the Act of October 4, 1961, Public Law 87–378 (75 Stat. 807), or under section 1013 of this title, who fails to serve satisfactorily during his obligated period of service as a member of such Ready Reserve or National Guard or the Ready Reserve of another reserve component or the National Guard of which he becomes a member, may be selected for training and service and inducted into the armed force of which such reserve component is a part, prior to the selection and induction of other persons liable therefor.
Within such numbers as may be prescribed by the Secretary of Defense, any person who (A) has been or may hereafter be selected for enrollment or continuance in the senior division, Reserve Officers’ Training Corps, or the Air Reserve Officers’ Training Corps, or the Naval Reserve Officers’ Training Corps, or the naval and Marine Corps officer candidate training program established by the Act of August 13, 1946 (60 Stat. 1057), as amended, or the Reserve officers’ candidate program of the Navy, or the platoon leaders’ class of the Marine Corps, or the officer procurement programs of the Coast Guard and the Coast Guard Reserve, or appointed an ensign, United States Navy Reserve, while undergoing professional training; (B) agrees, in writing, to accept a commission, if tendered, and to serve, subject to order of the Secretary of the military department having jurisdiction over him (or the Secretary of Homeland Security with respect to the United States Coast Guard), not less than two years on active duty after receipt of a commission; and (C) agrees to remain a member of a regular or reserve component until the eighth anniversary of the receipt of a commission in accordance with his obligation under the first sentence of section 651 of title 10, or until the sixth anniversary of the receipt of a commission in accordance with his obligation under the second sentence of section 651 of title 10, shall be deferred from induction under this chapter until after completion or termination of the course of instruction and so long as he continues in a regular or reserve status upon being commissioned, but shall not be exempt from registration. Such persons, except those persons who have previously completed an initial period of military training or an equivalent period of active military training and service, shall be required while enrolled in such programs to complete a period of training equal (as determined under regulations approved by the Secretary of Defense or the Secretary of Homeland Security with respect to the United States Coast Guard) in duration and type of training to an initial period of military training. There shall be added to the obligated active commissioned service of any person who has agreed to perform such obligatory service in return for financial assistance while attending a civilian college under any such training program a period of not to exceed one year. Except as provided in paragraph (5), upon the successful completion by any person of the required course of instruction under any program listed in clause (A) of the first sentence of this paragraph, such person shall be tendered a commission in the appropriate reserve component of the Armed Forces if he is otherwise qualified for such appointment. If, at the time of, or subsequent to, such appointment, the armed force in which such person is commissioned does not require his service on active duty in fulfillment of the obligation undertaken by him in compliance with clause (B) of the first sentence of this paragraph, such person shall be ordered to active duty for training with such armed force in the grade in which he was commissioned for a period of active duty for training of not more than six months (not including duty performed under section 10147 of title 10), as determined by the Secretary of the military department concerned to be necessary to qualify such person for a mobilization assignment. Upon being commissioned and assigned to a reserve component, such person shall be required to serve therein, or in a reserve component of any other armed force in which he is later appointed, until the eighth anniversary of the receipt of such commission pursuant to the provisions of this section. So long as such person performs satisfactory service, as determined under regulations prescribed by the Secretary of Defense, he shall be deferred from training and service under the provisions of this Act. If such person fails to perform satisfactory service, and such failure is not excused under regulations prescribed by the Secretary of Defense, his commission may be revoked by the Secretary of the military department concerned.
In addition to the training programs enumerated in paragraph (1) of this subsection, and under such regulations as the Secretary of Defense (or the Secretary of the Treasury with respect to the United States Coast Guard) may approve, the Secretaries of the military departments and the Secretary of the Treasury are authorized to establish officer candidate programs leading to the commissioning of persons on active duty. Any person heretofore or hereafter enlisted in the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air Force Reserve, or the Coast Guard Reserve who thereafter has been or may be commissioned therein upon graduation from an Officers’ Candidate School of such Armed Force shall, if not ordered to active duty as a commissioned officer, be deferred from training and service under the provisions of this Act so long as he performs satisfactory service as a commissioned officer in an appropriate unit of the Ready Reserve, as determined under regulations prescribed by the Secretary of the department concerned. If such person fails to perform satisfactory service in such unit, and such failure is not excused under such regulations, his commission may be revoked by such Secretary.
Nothing in this subsection shall be deemed to preclude the President from providing, by regulations prescribed under subsection (h) of this section, for the deferment from training and service of any category or categories of students for such periods of time as he may deem appropriate.
Omitted
Notwithstanding paragraph (1), upon the successful completion by any person of the required course of instruction under any Reserve Officers’ Training Corps program listed in clause (A) of the first sentence of paragraph (1) and subject to the approval of the Secretary of the military department having jurisdiction over him, such person may, without being relieved of his obligation under that sentence, be tendered, and accept, a commission in the National Oceanic and Atmospheric Administration instead of a commission in the appropriate reserve component of the Armed Forces. If he does not serve on active duty as a commissioned officer of the National Oceanic and Atmospheric Administration for at least six years, he shall, upon discharge therefrom, be tendered a commission in the appropriate reserve component of the Armed Forces, if he is otherwise qualified for such appointment, and, in fulfillment of his obligation under the first sentence of paragraph (1), remain a member of a reserve component until the sixth anniversary of the receipt of his commission in the National Oceanic and Atmospheric Administration. While a member of a reserve component he may, in addition to as otherwise provided by law, be ordered to active duty for such period that, when added to the period he served on active duty as a commissioned officer of the National Oceanic and Atmospheric Administration, equals two years.
Fully qualified and accepted aviation cadet applicants of the Army, Navy, or Air Force who have signed an agreement of service shall, in such numbers as may be designated by the Secretary of Defense, be deferred, during the period covered by the agreement but not to exceed four months, from induction for training and service under this chapter but shall not be exempt from registration.
The Vice President of the United States; the governors of the several States, Territories, and possessions, and all other officials chosen by the voters of the entire State, Territory, or possession; members of the legislative bodies of the United States and of the several States, Territories, and possessions; judges of the courts of record of the United States and of the several States, Territories, possessions, and the District of Columbia shall, while holding such offices, be deferred from training and service under this chapter in the armed forces of the United States.
Regular or duly ordained ministers of religion, as defined in this chapter, shall be exempt from training and service, but not from registration, under this chapter.
Students preparing for the ministry under the direction of recognized churches or religious organizations, who are satisfactorily pursuing full-time courses of instruction in recognized theological or divinity schools, or who are satisfactorily pursuing full-time courses of instruction leading to their entrance into recognized theological or divinity schools in which they have been preenrolled, shall be deferred from training and service, but not from registration, under this chapter. Persons who are or may be deferred under the provisions of this subsection shall remain liable for training and service in the Armed Forces under the provisions of section 3803(a) of this title until the thirty-fifth anniversary of the date of their birth. The foregoing sentence shall not be construed to prevent the exemption or continued deferment of such persons if otherwise exempted or deferrable under any other provision of this Act.
Except as otherwise provided in this subsection the President is authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service in the Armed Forces of any or all categories of persons whose employment in industry, agriculture, or other occupations or employment, or whose continued service in an Office (other than an Office described in subsection (f)) under the United States or any State, territory, or possession, or the District of Columbia, or whose activity in study, research, or medical, dental, veterinary, optometric, osteopathic, scientific, pharmaceutical, chiropractic, chiropodial, or other endeavors is found to be necessary to the maintenance of the national health, safety, or interest: Provided , That no person within any such category shall be deferred except upon the basis of his individual status: Provided further , That persons who are or may be deferred under the provisions of this section shall remain liable for training and service in the Armed Forces under the provisions of section 3803(a) of this title until the thirty-fifth anniversary of the date of their birth. This proviso shall not be construed to prevent the continued deferment of such persons if otherwise deferrable under any other provisions of this Act. The President is also authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service in the Armed Forces (1) of any or all categories of persons in a status with respect to persons (other than wives alone, except in cases of extreme hardship) dependent upon them for support which renders their deferment advisable, and (2) of any or all categories of those persons found to be physically, mentally, or morally deficient or defective. For the purpose of determining whether or not the deferment of any person is advisable, because of his status with respect to persons dependent upon him for support, any payments of allowances which are payable by the United States to the dependents of persons serving in the Armed Forces of the United States shall be taken into consideration, but the fact that such payments of allowances are payable shall not be deemed conclusively to remove the grounds for deferment when the dependency is based upon financial considerations and shall not be deemed to remove the ground for deferment when the dependency is based upon other than financial considerations and cannot be eliminated by financial assistance to the dependents. Except as otherwise provided in this subsection, the President is also authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service in the Armed Forces of any or all categories of persons who have children, or wives and children, with whom they maintain a bona fide family relationship in their homes. No deferment from such training and service in the Armed Forces shall be made in the case of any individual except upon the basis of the status of such individual. There shall be posted in a conspicuous place at the office of each local board a list setting forth the names and classifications of those persons who have been classified by such local board. The President may, in carrying out the provisions of this chapter, recommend criteria for the classification of persons subject to induction under this chapter, and to the extent that such action is determined by the President to be consistent with the national interest, recommend that such criteria be administered uniformly throughout the United States whenever practicable; except that no local board, appeal board, or other agency of appeal of the Selective Service System shall be required to postpone or defer any person by reason of his activity in study, research, or medical, dental, veterinary, optometric, osteopathic, scientific, pharmaceutical, chiropractic, chiropodial, or other endeavors found to be necessary to the maintenance of the national health, safety, or interest solely on the basis of any test, examination, selection system, class standing, or any other means conducted, sponsored, administered, or prepared by any agency or department of the Federal Government, or any private institution, corporation, association, partnership, or individual employed by an agency or department of the Federal Government.
Any person who is satisfactorily pursuing a full-time course of instruction at a high school or similar institution of learning and is issued an order for induction shall, upon the facts being presented to the local board, have his induction postponed (A) until the time of his graduation therefrom, or (B) until he attains the twentieth anniversary of his birth, or (C) until he ceases satisfactorily to pursue such course of instruction, whichever is the earliest. Notwithstanding the preceding sentence, any person who attains the twentieth anniversary of his birth after beginning his last academic year of high school shall have his induction postponed until the end of that academic year if and so long as he continues to pursue satisfactorily a full-time course of instruction.
Any person who while satisfactorily pursuing a full-time course of instruction at a college, university, or similar institution is ordered to report for induction under this chapter, shall, upon the appropriate facts being presented to the local board, have his induction postponed (A) until the end of the semester or term, or academic year in the case of his last academic year, or (B) until he ceases satisfactorily to pursue such course of instruction, whichever is the earlier.
Nothing contained in this chapter shall be construed to require any person to be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form. As used in this subsection, the term “religious training and belief” does not include essentially political, sociological, or philosophical views, or a merely personal moral code. Any person claiming exemption from combatant training and service because of such conscientious objections whose claim is sustained by the local board shall, if he is inducted into the armed forces under this chapter, be assigned to noncombatant service as defined by the President, or shall, if he is found to be conscientiously opposed to participation in such noncombatant service, in lieu of such induction, be ordered by his local board, subject to such regulations as the President may prescribe, to perform for a period equal to the period prescribed in section 3803(b) of this title such civilian work contributing to the maintenance of the national health, safety, or interest as the Director may deem appropriate and any such person who knowingly fails or neglects to obey any such order from his local board shall be deemed, for the purposes of section 3811 of this title , to have knowingly failed or neglected to perform a duty required of him under this chapter. The Director shall be responsible for finding civilian work for persons exempted from training and service under this subsection and for the placement of such persons in appropriate civilian work contributing to the maintenance of the national health, safety, or interest.
No exception from registration, or exemption or deferment from training and service, under this chapter, shall continue after the cause therefor ceases to exist.
Notwithstanding any other provisions of law, no person between the ages of eighteen and twenty-one shall be discharged from service in the armed forces of the United States while this chapter is in effect because such person entered such service without the consent of his parent or guardian.
No person shall be relieved from training and service under this chapter by reason of conviction of a criminal offense, except where the offense of which he has been convicted may be punished by death, or by imprisonment for a term exceeding one year.
In the case of any registrant whose principal place of employment is located outside the appeal board area in which the local board having jurisdiction over the registrant is located, any occupational deferment made under subsection (h) of this section may, within five days after such deferment is made, be submitted for review and decision to the appeal board having jurisdiction over the area in which is located the principal place of employment of the registrant. Such decision of the appeal board shall be final unless modified or changed by the President, and such decision shall be made public.
Except during the period of a war or a national emergency declared by Congress, no person may be inducted for training and service under this chapter unless he volunteers for such induction—
As used in this subsection, the term “brother” or “sister” means a brother of the whole blood or a sister of the whole blood, as the case may be.
if the father or the mother or a brother or a sister of such person was killed in action or died in line of duty while serving in the Armed Forces after December 31, 1959, or died subsequent to such date as a result of injuries received or disease incurred in line of duty during such service, or
during any period of time in which the father or the mother or a brother or a sister of such person is in a captured or missing status as a result of such service.
References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Reserve Retired List, deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109–163, set out as a note under section 10101 of Title 10, Armed Forces.
Amendment by Pub. L. 119–60 effective one year after Dec. 18, 2025, see section 535(c) of Pub. L. 119–60, set out as an Effective Date of Repeal note under section 3802 of this title.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Pub. L. 96–584, § 3(b), Dec. 23, 1980, 94 Stat. 3377, provided that:
“The amendment made by subsection (a) [amending this section] shall apply only to persons ordered to active duty for training after the effective date of this Act [ Dec. 23, 1980 ].”
Amendment by Pub. L. 85–62 to take effect on July 1, 1957, and terminate on July 1, 1973, see section 9 of Pub. L. 85–62, set out as a note under section 3803 of this title.
Pub. L. 92–129, title I, § 101(b), Sept. 28, 1971, 85 Stat. 354, provided that:
“Notwithstanding the repeal of section 6(h)(1) of the Military Selective Service Act of 1967 [ 50 U.S.C. 3806(h)(1) ] made by subsection (a)(17) of this section, any person (1) who is satisfactorily pursuing a full-time course of instruction at a college, university, or similar institution of higher learning, (2) who met the academic requirements of a student deferment prescribed in such section 6(h)(1), and (3) who was satisfactorily pursuing such a full-time course prior to the date of enactment of this Act [ Sept. 28, 1971 ] and during the 1970–1971 regular academic school year shall be deferred from induction for training and service in the Armed Forces under the same terms and conditions such person would have been deferred under the provisions of such section 6(h)(1) had such provision not been repealed.”
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard.
Pub. L. 92–129, title I, § 101(d), Sept. 28, 1971, 85 Stat. 354, provided that:
“(1) Subject to the provisions of paragraph (2) of this subsection any surviving son or sons of a family who (A) were inducted into the Armed Forces under the Military Selective Service Act of 1967 [now the Military Selective Service Act, see References in Text note set out under section 3801 of this title ], (B) have not reenlisted or otherwise voluntarily extended their period of active duty in the Armed Forces, and (C) are serving on active duty with the Armed Forces on or after the date of enactment of this subsection [ Sept. 28, 1971 ], and such son or sons could not, if they were not in the Armed Forces, be involuntarily inducted into military service under the Military Selective Service Act as a result of the amendment made by paragraph (22) of subsection (a) of this section [amending this section], such surviving son or sons shall, upon application, be promptly discharged from the Armed Forces. “(2) The provisions of paragraph (1) of this subsection shall not apply in the case of any member of the Armed Forces against whom court-martial charges are pending, or in the case of any member who has been tried and convicted by a court-martial for an offense and whose case is being reviewed or appealed, or in the case of any member who has been tried and convicted by a court-martial for an offense and who is serving a sentence (or otherwise satisfying punishment) imposed by such court-martial, until final action (including completion of any punishment imposed pursuant to such court-martial) has been completed with respect to such charges, review, or appeal, or until the sentence has been served (or until any other punishment imposed has been satisfied), as the case may be. The President shall have authority to implement the provisions of this subsection by regulations. “(3) Notwithstanding the amendment made by paragraph (22) of subsection (a) of this section [amending this section], except during the period of a war or a national emergency declared by Congress, the sole surviving son of any family in which the father or one or more sons or daughters thereof were killed in action before January 1, 1960 , or died in line of duty before January 1, 1960 , while serving in the Armed Forces of the United States, or died subsequent to such date as a result of injuries received or disease incurred before such date during such service shall not be inducted under the Military Selective Service Act [see References in Text note set out under section 3801 of this title ] unless he volunteers for induction.”
Pub. L. 88–110, § 5, Sept. 3, 1963, 77 Stat. 136, provided that:
“This Act [amending this section, section 3812 of this title and sections 270 and 12103 of Title 10, Armed Forces, and repealing section 1013 of this title ] shall not affect any term of obligated service incurred before the effective date of this Act [ Sept. 3, 1963 ]. In addition, the enactment of this Act [ Sept. 3, 1963 ] shall not increase the minimum period of active duty or active duty for training that is required on the day before the effective date of this Act to earn an exemption from training and service under the Universal Military Training and Service Act, as amended (50 U.S.C. App. 451 et seq.) [now 50 U.S.C. 3801 et seq.], in the case of persons who entered the Armed Forces before the effective date of this Act.”
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard.
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees, which created National Oceanic and Atmospheric Administration in Department of Commerce and transferred personnel, property, records, and unexpended balances of funds of Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. Components of Environmental Science Services Administration thus transferred included Weather Bureau [now National Weather Service], Coast and Geodetic Survey [now National Ocean Survey], Environmental Data Service, National Environmental Satellite Center, and ESSA Research Laboratories.
In order to implement the provisions of Reorganization Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, the following organizational names appearing in chapter IX of subtitle B of Title 15, Code of Federal Regulations, which covers administration of National Oceanic and Atmospheric Administration, were changed by order of Acting Associate Administrator, 35 F.R. 19249, Dec. 19, 1970, as follows: Environmental Science Services Administration to National Oceanic and Atmospheric Administration (ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey; and Weather Bureau to National Weather Service.
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.
Functions of President delegated to Director of Selective Service concerning establishment, implementation, and administration of program for return of Vietnam era draft evaders and military deserters, see Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299, set out under section 3811 of this title.
Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, set out under section 3811 of this title, provided for a program for return of Vietnam era draft evaders and military deserters.
No bounty may be paid to induce any person to be inducted into an armed force. A clothing allowance authorized by law is not a bounty for the purposes of this section. No person liable for training and service under this Act may furnish a substitute for that training or service. No person may be enlisted, inducted, or appointed in an armed force as a substitute for another. No person liable for training and service under section 3803 of this title may escape that training and service or be discharged before the end of his period of training and service by paying money or any other valuable thing as consideration for his release from that training and service or liability therefor.
Any person inducted into the armed forces under this chapter for training and service, who, in the judgment of those in authority over him, satisfactorily completes his period of training and service under section 3803(b) of this title shall be entitled to a certificate to that effect upon the completion of such period of training and service, which shall include a record of any special proficiency or merit attained. In addition, each such person who is inducted into the armed forces under this chapter for training and service shall be given a physical examination at the beginning of such training and service, and upon the completion of his period of training and service under this chapter, each such person shall be given another physical examination and, upon his written request, shall be given a statement of physical condition by the Secretary concerned: Provided , That such statement shall not contain any reference to mental or other conditions which in the judgment of the Secretary concerned would prove injurious to the physical or mental health of the person to whom it pertains: Provided further , That, if upon completion of training and service under this chapter, such person continues on active duty without an interruption of more than seventy-two hours as a member of the Armed Forces of the United States, a physical examination upon completion of such training and service shall not be required unless it is requested by such person, or the medical authorities of the Armed Force concerned determine that the physical examination is warranted.
Any person inducted into the armed forces for training and service under this chapter shall, during the period of such service, be permitted to vote in person or by absentee ballot in any general, special, or primary election occurring in the State of which he is a resident, whether he is within or outside such State at the time of such election, if under the laws of such State he is otherwise entitled so to vote in such election; but nothing in this subsection shall be construed to require granting to any such person a leave of absence or furlough for longer than one day in order to permit him to vote in person in any such election. No person inducted into, or enlisted in, the armed forces for training and service under this chapter shall, during the period of such service, as a condition of voting in any election for President, Vice President, electors for President or Vice President, or for Senator or Member of the House of Representatives, be required to pay any poll tax or other tax or make any other payment to any State or political subdivision thereof.
The Secretary of a military department, and the Secretary of Homeland Security with respect to the Coast Guard, shall furnish to the Selective Service System hereafter established a report of separation for each person separated from active duty.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of Title 38, Veterans’ Benefits.
Pub. L. 86–632, § 3, July 12, 1960, 74 Stat. 468, provided that:
“This Act [amending this section and section 1013 of this title ] shall take effect upon the expiration of sixty days from the date of its enactment [ July 12, 1960 ].”
Act July 9, 1956, ch. 523, § 2, 70 Stat. 509, provided that:
“The amendment made by the first section of this Act [amending this section] shall take effect as of June 19, 1951 .”
There is established in the executive branch of the Government an agency to be known as the Selective Service System, and a Director of Selective Service who shall be the head thereof.
The Selective Service System shall include a national headquarters, at least one State headquarters in each State, Territory, and possession of the United States, and in the District of Columbia, and the local boards, appeal boards, and other agencies provided for in subsection (b)(3) of this section.
The Director shall be appointed by the President.
The functions of the Office of Selective Service Records (established by the Act of March 31, 1947) and of the Director of the Office of Selective Service Records are transferred to the Selective Service System and the Director of Selective Service, respectively. The personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Office of Selective Service Records are transferred to the Selective Service System. The Office of Selective Service Records shall cease to exist upon the taking effect of the provisions of this chapter: Provided, That, effective upon the termination of this chapter and notwithstanding such termination in other respects, (A) the said Office of Selective Service Records is reestablished on the same basis and with the same functions as obtained prior to June 24, 1948, (B) said reestablished Office shall be responsible for liquidating any other outstanding affairs of the Selective Service System, and (C) the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Selective Service System shall be transferred to such reestablished Office of Selective Service Records.
The President is authorized to undertake the following:
To prescribe the necessary rules and regulations to carry out the provisions of this chapter.
To appoint, upon recommendation of the respective governor or comparable executive official, a State director of the Selective Service System for each headquarters in each State, Territory, and possession of the United States and for the District of Columbia, who shall represent the governor and be in immediate charge of the state headquarters of the Selective Service System: Provided, That no State director shall serve concurrently in an elected or appointed position of a State or local government; to employ such number of civilians, and, subject to subsection (e), to order to active duty with their consent and to assign to the Selective Service System such officers of the selective-service section of the State headquarters and headquarters detachments and such other officers of the federally recognized National Guard of the United States or other armed forces personnel (including personnel of the reserve components thereof), as may be necessary for the administration of the national and of the several State headquarters of the Selective Service System.
To create and establish within the Selective Service System civilian local boards, civilian appeal boards, and such other civilian agencies, including agencies of appeal, as may be necessary to carry out its functions with respect to the registration, examination, classification, selection, assignment, delivery for induction, and maintenance of records of persons registered under this chapter, together with such other duties as may be assigned under this chapter: Provided, That no person shall be disqualified from serving as a counselor to registrants, including service as Government appeal agent, because of his membership in a Reserve component of the Armed Forces. He shall create and establish one or more local boards in each county or political subdivision corresponding thereto of each State, territory, and possession of the United States, and in the District of Columbia. The local board and/or its staff shall perform their official duties only within the county or political subdivision corresponding thereto for which the local board is established, or in the case of an intercounty board, within the area for which such board is established, except that the staffs of local boards in more than one county of a State or comparable jurisdiction may be collocated or one staff may serve local boards in more than one county of a State or comparable jurisdiction when such action is approved by the Governor or comparable executive official or officials. Each local board shall consist of three or more members to be appointed by the President from recommendations made by the respective Governors or comparable executive officials. In making such appointments after September 28, 1971, the President is requested to appoint the membership of each local board so that to the maximum extent practicable it is proportionately representative of the race and national origin of those registrants within its jurisdiction, but no action by any local board shall be declared invalid on the ground that any board failed to conform to any particular quota as to race or national origin. No citizen shall be denied membership on any local board or appeal board on account of sex. After December 31, 1971, no person shall serve on any local board or appeal board who has served on any local board or appeal board for a period of more than 20 years. Notwithstanding any other provision of this paragraph, an intercounty local board consisting of at least one member from each component county or corresponding subdivision may, with the approval of the Governor or comparable executive official or officials, be established for an area not exceeding five counties or political subdivisions corresponding thereto within a State or comparable jurisdiction when the President determines, after considering the public interest involved, that the establishment of such local board area will result in a more efficient and economical operation. Any such intercounty local board shall have within its area the same power and jurisdiction as a local board has in its area. A local board may include among its members any citizen otherwise qualified under Presidential regulations, provided he is at least eighteen years of age. No member of any local board shall be a member of the Armed Forces of the United States, but each member of any local board shall be a civilian who is a citizen of the United States residing in the county or political subdivision corresponding thereto in which such local board has jurisdiction, and each intercounty local board shall have at least one member from each county or political subdivision corresponding thereto included within the intercounty local board area. Such local boards, or separate panels thereof each consisting of three or more members, shall, under rules and regulations prescribed by the President, have the power within the respective jurisdictions of such local boards to hear and determine, subject to the right of appeal to the appeal boards herein authorized, all questions or claims with respect to inclusion for, or exemption or deferment from, training and service under this chapter, of all individuals within the jurisdiction of such local boards. The decisions of such local board shall be final, except where an appeal is authorized and is taken in accordance with such rules and regulations as the President may prescribe. There shall be not less than one appeal board located within the area of each Federal judicial district in the United States and within each Territory and possession of the United States, and such additional separate panels thereof, as may be prescribed by the President. Appeal boards within the Selective Service System shall be composed of civilians who are citizens of the United States and who are not members of the armed forces. The decision of such appeal boards shall be final in cases before them on appeal unless modified or changed by the President. The President, upon appeal or upon his own motion, shall have power to determine all claims or questions with respect to inclusion for, or exemption or deferment from training and service under this chapter, and the determination of the President shall be final. No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution instituted under section 3811 of this title, after the registrant has responded either affirmatively or negatively to an order to report for induction or for civilian work in the case of a registrant determined to be opposed to participation in war in any form: Provided, That such review shall go to the question of the jurisdiction herein reserved to local boards, appeal boards, and the President only when there is no basis in fact for the classification assigned to such registrant. No person who is a civilian officer, member, agent, or employee of the Office of Selective Service Records or the Selective Service System, or of any local board or appeal board or other agency of such Office or System, shall be excepted from registration or deferred or exempted from training and service, as provided for in this chapter, by reason of his status as such civilian officer, member, agent, or employee.
To appoint, and to fix, in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates, the basic pay of such officers, agents, and employees as he may deem necessary to carry out the provisions of this chapter, however, any officer of the armed forces or any officer or employee of any department or agency of the United States who may be assigned or detailed to any office or position to carry out the provisions of this chapter (except to offices or positions on local boards or appeal boards established or created pursuant to subsection (b)(3)) may serve in and perform the functions of such office or position without loss of or prejudice to his status as such officer in the armed forces or as such officer or employee in any department or agency of the United States.
To utilize the services of any or all departments and any and all officers or agents of the United States, and to accept the services of all officers and agents of the several States, Territories, and possessions, and subdivisions thereof, and the District of Columbia, and of private welfare organizations, in the execution of this chapter.
To purchase such printing, binding, and blank-book work from public, commercial, or private printing establishments or binderies upon orders placed by the Director of the Government Publishing Office or upon waivers issued in accordance with section 504 of title 44, and to obtain by purchase, loan, or gift such equipment and supplies for the Selective Service System, as he may deem necessary to carry out the provisions of this chapter, with or without advertising or formal contract.
To prescribe eligibility, rules, and regulations governing the release for service in the armed forces, or for any other special service established pursuant to this chapter, of any person convicted of a violation of any of the provisions of this chapter.
Subject to the availability of funds appropriated for such purpose, to procure such space as he may deem necessary to carry out the provisions of this chapter and the Act of March 31, 1947.
Subject to the availability of funds appropriated for such purposes, to determine the location of such additional temporary installations as he may deem essential; to utilize and enlarge such existing installations; to construct, install, and equip, and to complete the construction, installation, and equipment of such buildings, structures, utilities, and appurtenances (including the necessary grading and removal, repair or remodeling of existing structures and installations), as may be necessary to carry out the provisions of this chapter; and, in order to accomplish the purpose of this chapter, to acquire lands, and rights pertaining thereto, or other interests therein, for temporary use thereof, by donation or lease, and to prosecute construction thereon prior to the approval of the chapter by the Attorney General as required by sections 3111 and 3112 of title 40.
Subject to the availability of funds appropriated for such purposes, to utilize, in order to provide and furnish such services as may be deemed necessary or expedient to accomplish the purposes of this chapter, such personnel of the armed forces and of Reserve components thereof with their consent, and such civilian personnel, as may be necessary. For the purposes of this chapter, the provisions of section 14 of the Federal Employees’ Pay Act of 1946 (Public Law 390, Seventy-ninth Congress) with respect to the maximum limitations as to the number of civilian employees shall not be applicable to the Department of the Army, the Department of the Navy, or the Department of the Air Force.
The President is authorized to delegate any authority vested in him under this chapter, and to provide for the subdelegation of any such authority.
In the administration of this chapter, gifts of supplies, equipment, and voluntary services may be accepted.
The total number of armed forces personnel assigned to the Selective Service System under subsection (b)(2) at any time may not be less than the number of such personnel determined by the Director of Selective Service to be necessary, but not to exceed 745 persons, except that the President may assign additional armed forces personnel to the Selective Service System during a time of war or a national emergency declared by Congress or the President.
The Director is authorized to make final settlement of individual claims, for amounts not exceeding $500, for travel and other expenses of uncompensated personnel of the Office of Selective Service Records, or the Selective Service System, incurred while in the performance of official duties, without regard to other provisions of law governing the travel of civilian employees of the Federal Government.
The Director of Selective Service shall submit to the Congress annually a written report covering the operation of the Selective Service System and such report shall include, by States, information as to the number of persons registered under this Act; the number of persons inducted in to the military service under this Act; and the number of deferments granted under this Act and the basis for such deferments; and such other specific kinds of information as the Congress may from time to time request.
The Selective Service system 1 1 So in original. Probably should be capitalized. shall be maintained as an active standby organization, with (1) a complete registration and classification structure capable of immediate operation in the event of a national emergency (including a structure for registration and classification of persons qualified for practice or employment in a health care occupation essential to the maintenance of the Armed Forces), and (2) personnel adequate to reinstitute immediately the full operation of the System, including military reservists who are trained to operate such System and who can be ordered to active duty for such purpose in the event of a national emergency.
“Director of the Government Publishing Office” substituted for “Public Printer” in subsec. (b)(6) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
Amendment by Pub. L. 119–60 effective one year after Dec. 18, 2025, see section 535(c) of Pub. L. 119–60, set out as an Effective Date of Repeal note under section 3802 of this title.
Pub. L. 112–239, div. A, title X, § 1076(l), Jan. 2, 2013, 126 Stat. 1956, provided that the amendment by section 1076(l) is effective as of Aug. 10, 2012, and as if included in Pub. L. 112–166 as enacted.
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 93–176, § 4, Dec. 5, 1973, 87 Stat. 694, provided that:
“This Act [amending this section and section 5102 of Title 5 , Government Organization and Employees, and enacting provisions set out as notes under this section] shall take effect not later than the beginning of the first pay period which begins on or after the ninetieth day following the date of the enactment of this Act [ Dec. 5, 1973 ].”
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
Pub. L. 93–176, § 2, Dec. 5, 1973, 87 Stat. 693, provided that:
“The rate of basic pay of each employee in a position under a local board or appeal board of the Selective Service System on and immediately prior to the effective date of this Act [designated as a date not later than the beginning of the first pay period which begins on or after the 90th day following Dec. 5, 1973 ] shall be adjusted, as of such effective date, under the provisions of section 5334(d) of title 5 , United States Code.”
Act June 5, 1952, ch. 369, Ch. VII, § 701, 66 Stat. 109, authorized increases in the rate of compensation of any employees of local or appeal boards effective as of the first day of the first pay period which began after June 30, 1951 and within ninety days from June 5, 1952, pursuant to the authority contained in section 3809 of this title.
Compensation of Director, see section 5315 of Title 5, Government Organization and Employees.
Act Mar. 31, 1947, ch. 26, 61 Stat. 31; Pub. L. 96–513, title V, § 507(c), Dec. 12, 1980, 94 Stat. 2919, related to liquidation of the Selective Service System established by the Selective Training and Service Act of 1940 [act Sept. 16, 1940, ch. 720, 54 Stat. 885, see Tables for classification] and establishment of the Office of Selective Service Records for the preservation of Selective Service records accumulated under the 1940 Act, prior to termination of the Office and transfer of its functions and the functions of its Director to the Selective Service System under this chapter and the Director of Selective Service under this chapter. See subsec. (a)(4) of this section.
[Act Mar. 31, 1947, ch. 26, classified as a note above, was formerly classified to sections 321 to 329 of the former Appendix to this title prior to editorial reclassification as this note.]
Pub. L. 85–844, title I, Aug. 28, 1958, 72 Stat. 1073, related to use of Selective Service System appropriations for destruction of records accumulated under the Selective Training and Service Act of 1940 [act Sept. 16, 1940, ch. 720, 54 Stat. 885, see Tables for classification].
[Title I of Pub. L. 85–844, classified as a note above, was formerly classified to section 330 of the former Appendix to this title prior to editorial reclassification as this note.]
For assignment of certain emergency preparedness functions to the Director of Selective Service, see Parts 1, 2, and 23 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
Under such rules and regulations as may be prescribed by the President, funds available to carry out the provisions of this chapter shall also be available for the payment of actual and reasonable expenses of emergency medical care, including hospitalization, of registrants who suffer illness or injury, and the transportation and burial of the remains of registrants who suffer death, while acting under orders issued under the provisions of this chapter, but such burial expenses shall not exceed the maximum that the Secretary of Veterans Affairs may pay under the provisions of section 2303 of title 38 regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section in any one case.
Amendment by Pub. L. 116–315 applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as a note under section 113 of Title 38, Veterans’ Benefits.
Any member of the Selective Service System or any other person charged as herein provided with the duty of carrying out any of the provisions of this chapter, or the rules or regulations made or directions given thereunder, who shall knowingly fail or neglect to perform such duty, and any person charged with such duty, or having and exercising any authority under said chapter, rules, regulations, or directions who shall knowingly make, or be a party to the making, of any false, improper, or incorrect registration, classification, physical or mental examination, deferment, induction, enrollment, or muster, and any person who shall knowingly make, or be a party to the making, of any false statement or certificate regarding or bearing upon a classification or in support of any request for a particular classification, for service under the provisions of this chapter, or rules, regulations, or directions made pursuant thereto, or who otherwise evades or refuses registration or service in the armed forces or any of the requirements of this chapter, or who knowingly counsels, aids, or abets another to refuse or evade registration or service in the armed forces or any of the requirements of this chapter, or of said rules, regulations, or directions, or who in any manner shall knowingly fail or neglect or refuse to perform any duty required of him under or in the execution of this chapter, or rules, regulations, or directions made pursuant to this chapter, or any person or persons who shall knowingly hinder or interfere or attempt to do so in any way, by force or violence or otherwise, with the administration of this chapter or the rules or regulations made pursuant thereto, or who conspires to commit any one or more of such offenses, shall, upon conviction in any district court of the United States of competent jurisdiction, be punished by imprisonment for not more than five years or a fine of not more than $10,000, or by both such fine and imprisonment, or if subject to military or naval law may be tried by court martial, and, on conviction, shall suffer such punishment as a court martial may direct. No person shall be tried by court martial in any case arising under this chapter unless such person has been actually inducted for the training and service prescribed under this chapter or unless he is subject to trial by court martial under laws in force prior to June 24, 1948 .
Any person (1) who knowingly transfers or delivers to another, for the purpose of aiding or abetting the making of any false identification or representation, any registration certificate, alien’s certificate of nonresidence, or any other certificate issued pursuant to or prescribed by the provisions of this chapter, or rules or regulations promulgated hereunder; or (2) who, with intent that it be used for any purpose of false identification or representation, has in his possession any such certificate not duly issued to him; or (3) who forges, alters, knowingly destroys, knowingly mutilates, or in any manner changes any such certificate or any notation duly and validly inscribed thereon; or (4) who, with intent that it be used for any purpose of false identification or representation, photographs, prints, or in any manner makes or executes any engraving, photograph, print, or impression in the likeness of any such certificate, or any colorable imitation thereof; or (5) who has in his possession any certificate purporting to be a certificate issued pursuant to this chapter, or rules and regulations promulgated hereunder, which he knows to be falsely made, reproduced, forged, counterfeited, or altered; or (6) who knowingly violates or evades any of the provisions of this chapter or rules and regulations promulgated pursuant thereto relating to the issuance, transfer, or possession of such certificate, shall, upon conviction, be fined not to exceed $10,000 or be imprisoned for not more than five years, or both. Whenever on trial for a violation of this subsection the defendant is shown to have or to have had possession of any certificate not duly issued to him, such possession shall be deemed sufficient evidence to establish an intent to use such certificate for purposes of false identification or representation, unless the defendant explains such possession to the satisfaction of the jury.
The Department of Justice shall proceed as expeditiously as possible with a prosecution under this section, or with an appeal, upon the request of the Director of Selective Service System or shall advise the House of Representatives and the Senate in writing the reasons for its failure to do so.
No person shall be prosecuted, tried, or punished for evading, neglecting, or refusing to perform the duty of registering imposed by section 3802 of this title unless the indictment is found within five years next after the last day before such person attains the age of twenty-six, or within five years next after the last day before such person does perform his duty to register, whichever shall first occur.
The President may require the Secretary of Health and Human Services to furnish to the Director, from records available to the Secretary, the following information with respect to individuals who are members of any group of individuals required by a proclamation of the President under section 3802 of this title to present themselves for and submit to registration under such section: name, date of birth, social security account number, and address. Information furnished to the Director by the Secretary under this subsection shall be used only for the purpose of the enforcement of this Act.
Except as provided in subsection (g), any person who is required under section 3802 of this title to present himself for and submit to registration under such section and fails to do so in accordance with any proclamation issued under such section, or in accordance with any rule or regulation issued under such section, shall be ineligible for any form of assistance or benefit provided under title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.].
In order to receive any grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), a person who is required under section 3802 of this title to present himself for and submit to registration under such section shall file with the institution of higher education which the person intends to attend, or is attending, a statement of compliance with section 3802 of this title and regulations issued thereunder.
The Secretary of Education, in agreement with the Director, shall prescribe methods for verifying such statements of compliance filed pursuant to paragraph (2). Such methods may include requiring institutions of higher education to provide a list to the Secretary of Education or to the Director of persons who have submitted such statements of compliance.
The Secretary of Education, in consultation with the Director, shall issue regulations to implement the requirements of this subsection. Such regulations shall provide that any person to whom the Secretary of Education proposes to deny assistance or benefits under title IV [20 U.S.C. 1070 et seq.] for failure to meet the registration requirements of section 3802 of this title and regulations issued thereunder shall be given notice of the proposed denial and shall have a suitable period (of not less than thirty days) after such notice to provide the Secretary with information and materials establishing that he has complied with the registration requirement under section 3802 of this title. Such regulations shall also provide that the Secretary may afford such person an opportunity for a hearing to establish his compliance or for any other purpose.
A person may not be denied a right, privilege, or benefit under Federal law by reason of failure to present himself for and submit to registration under section 3802 of this title if—
the requirement for the person to so register has terminated or become inapplicable to the person; and
the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register.
Amendment by Pub. L. 119–60 effective one year after Dec. 18, 2025, see section 535(c) of Pub. L. 119–60, set out as an Effective Date of Repeal note under section 3802 of this title.
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Pub. L. 97–252, title XI, § 1113(b), Sept. 8, 1982, 96 Stat. 748, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to loans, grants, or work assistance under title IV of the Higher Education Act [ 20 U.S.C. 1070 et seq.] for periods of instruction beginning after June 30, 1983 .”
Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, as amended by Proc. No. 4345, Jan. 30, 1975, 40 F.R. 4893, 89 Stat. 1236; Proc. No. 4353, Feb. 28, 1975, 40 F.R. 8931, 10433, 89 Stat. 1246, provided:
The United States withdrew the last of its forces from the Republic of Vietnam on March 28, 1973.
In the period of its involvement in armed hostilities in Southeast Asia, the United States suffered great losses. Millions served their country, thousands died in combat, thousands more were wounded, others are still listed as missing in action.
Over a year after the last American combatant had left Vietnam, the status of thousands of our countrymen—convicted, charged, investigated or still sought for violations of the Military Selective Service Act [see References in Text note set out under section 3801 of this title] or of the Uniform Code of Military Justice [10 U.S.C. 801 et seq.]—remains unresolved.
In furtherance of our national commitment to justice and mercy these young Americans should have the chance to contribute a share to the rebuilding of peace among ourselves and with all nations. They should be allowed the opportunity to earn return to their country, their communities, and their families, upon their agreement to a period of alternate service in the national interest, together with an acknowledgment of their allegiance to the country and its Constitution.
Desertion in time of war is a major, serious offense; failure to respond to the country’s call for duty is also a serious offense. Reconciliation among our people does not require that these acts be condoned. Yet, reconciliation calls for an act of mercy to bind the Nation’s wounds and to heal the scars of divisiveness.
NOW, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to my powers under Article II, Sections 1, 2 and 3 of the Constitution, do hereby proclaim a program to commence immediately to afford reconciliation to Vietnam era draft evaders and military deserters upon the following terms and conditions:
1. Draft Evaders—An individual who allegedly unlawfully failed under the Military Selective Service Act [see References in Text note set out under section 3801 of this title] or any rule or regulation promulgated thereunder, to register or register on time, to keep the local board informed of his current address, to report for or submit to preinduction or induction examination, to report for or submit to induction itself, or to report for or submit to, or complete service under section 6(j) of such Act [50 U.S.C. 3806(j)] during the period from August 4, 1964 to March 28, 1973, inclusive, and who has not been adjudged guilty in a trial for such offense, will be relieved of prosecution and punishment for such offense if he:
(i) presents himself to a United States Attorney before March 31, 1975,
(ii) executes an agreement acknowledging his allegiance to the United States and pledging to fulfill a period of alternate service under the auspices of the Director of Selective Service, and
(iii) satisfactorily completes such service.
The alternate service shall promote the national health, safety, or interest. No draft evader will be given the privilege of completing a period of alternate service by service in the Armed Forces.
However, this program will not apply to an individual who is precluded from re-entering the United States under 8 U.S.C. 1182(a)(22) or other law. Additionally, if individuals eligible for this program have other criminal charges outstanding, their participation in the program may be conditioned upon, or postponed until after, final disposition of the other charges has been reached in accordance with law.
The period of service shall be twenty-four months, which may be reduced by the Attorney General because of mitigating circumstances.
2. Military Deserters—A member of the armed forces who has been administratively classified as a deserter by reason of unauthorized absence and whose absence commenced during the period from August 4, 1964 to March 28, 1973, inclusive, will be relieved of prosecution and punishment under Articles 85, 86 and 87 of the Uniform Code of Military Justice [10 U.S.C. 885, 886, 887] for such absence and for offenses directly related thereto if before March 31, 1975 he takes an oath of allegiance to the United States and executes an agreement with the Secretary of the Military Department from which he absented himself or for members of the Coast Guard, with the Secretary of Transportation, pledging to fulfill a period of alternate service under the auspices of the Director of Selective Service. The alternate service shall promote the national health, safety, or interest.
The period of service shall be twenty-four months, which may be reduced by the Secretary of the appropriate Military Department, or Secretary of Transportation for members of the Coast Guard, because of mitigating circumstances.
However, if a member of the armed forces has additional outstanding charges pending against him under the Uniform Code of Military Justice [10 U.S.C. 801 et seq.], his eligibility to participate in this program may be conditioned upon, or postponed until after, final disposition of the additional charges has been reached in accordance with law.
Each member of the armed forces who elects to seek relief through this program will receive an undesirable discharge. Thereafter, upon satisfactory completion of a period of alternate service prescribed by the Military Department or Department of Transportation, such individual will be entitled to receive, in lieu of his undesirable discharge, a clemency discharge in recognition of his fulfillment of the requirements of the program. Such clemency discharge shall not bestow entitlement to benefits administered by the Veterans Administration.
Procedures of the Military Departments implementing this Proclamation will be in accordance with guidelines established by the Secretary of Defense, present Military Department regulations notwithstanding.
3. Presidential Clemency Board—By Executive Order I have this date established a Presidential Clemency Board which will review the records of individuals within the following categories: (i) those who have been convicted of draft evasion offenses as described above, (ii) those who have received a punitive or undesirable discharge from service in the armed forces for having violated Article 85, 86, or 87 of the Uniform Code of Military Justice [10 U.S.C. 885, 886, 887] between August 4, 1964 and March 28, 1973, or are serving sentences of confinement for such violations. Where appropriate, the Board may recommend that clemency be conditioned upon completion of a period of alternate service. However, if any clemency discharge is recommended, such discharge shall not bestow entitlement to benefits administered by the Veterans Administration.
4. Alternate Service—In prescribing the length of alternate service in individual cases, the Attorney General, the Secretary of the appropriate Department, or the Clemency Board shall take into account such honorable service as an individual may have rendered prior to his absence, penalties already paid under law, and such other mitigating factors as may be appropriate to seek equity among those who participate in this program.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-nineth.
Gerald R. Ford.
Proc. No. 4483, Jan. 21, 1977, 42 F.R. 4391, 91 Stat. 1719, provided:
Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Jimmy Carter, President of the United States, do hereby grant a full, complete and unconditional pardon to: (1) all persons who may have committed any offense between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act [see References in Text note set out under section 3801 of this title] or any rule or regulation promulgated thereunder; and (2) all persons heretofore convicted, irrespective of the date of conviction, of any offense committed between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, restoring to them full political, civil and other rights.
This pardon does not apply to the following who are specifically excluded therefrom:
(1) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, involving force or violence; and
(2) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, in connection with duties or responsibilities arising out of employment as agents, officers or employees of the Military Selective Service system.
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January, in the year of our Lord nineteen hundred and seventy-seven, and of the Independence of the United States of America the two hundred and first.
Jimmy Carter.
Nothing in sections 203, 205, or 207 of title 18 or in the second sentence of subsection (a) of section 9 of the Act of August 2, 1939 ( 53 Stat. 1148 ), entitled “An Act to prevent pernicious political activities”, as amended, shall be deemed to apply to any person because of his appointment under authority of this chapter or the regulations made pursuant thereto as an uncompensated official of the Selective Service System, or as an individual to conduct hearings on appeals of persons claiming exemption from combatant or noncombatant training because of conscientious objections, or as a member of the National Selective Service Appeal Board.
All functions performed under this chapter shall be excluded from the operation of the Administrative Procedure Act ( 60 Stat. 237 ) [ 5 U.S.C. 551 et seq. and 701 et seq.] except as to the requirements of section 3 of such Act [ 5 U.S.C. 552 ]. Notwithstanding the foregoing sentence, no regulation issued under this Act shall become effective until the expiration of thirty days following the date on which such regulation has been published in the Federal Register. After the publication of any regulation and prior to the date on which such regulation becomes effective, any person shall be given an opportunity to submit his views to the Director on such regulation, but no formal hearing shall be required on any such regulation. The requirements of this subsection may be waived by the President in the case of any regulation if he (1) determines that compliance with such requirements would materially impair the national defense, and (2) gives public notice to that effect at the time such regulation is issued.
In computing the lump-sum payments made to Air Force reserve officers under the provisions of section 2 of the Act of June 16, 1936 , as amended and to reserve officers of the Navy or to their beneficiaries under section 12 of the Act of August 4, 1942 , as amended, no credit shall be allowed for any period of active service performed from June 24, 1948 , to the date on which this chapter shall cease to be effective. Each such lumpsum payment shall be prorated for a fractional part of a year of active service in the case of any reserve officer subject to the provisions of either such section, if such reserve officer performs continuous active service for one or more years (inclusive of such service performed during the period in which this chapter is effective) and such active service includes a fractional part of a year immediately prior to June 24, 1948 , or immediately following the date on which this chapter shall cease to be effective, or both.
Every person shall be deemed to have notice of the requirements of this chapter upon publication by the President of a proclamation or other public notice fixing a time for any registration under section 3802 of this title .
It shall be the duty of every registrant to keep his local board informed as to his current address and changes in status as required by such rules and regulations as may be prescribed by the President.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Except as provided in section 3803(c) of this title , nothing contained in this chapter shall be construed to repeal, amend, or suspend the laws now in force authorizing voluntary enlistment or reenlistment in the Armed Forces of the United States, including the reserve components thereof, except that no person shall be accepted for enlistment after he has been issued an order to report for induction unless authorized by the Director and the Secretary of Defense and except that, whenever the Congress or the President has declared that the national interest is imperiled, voluntary enlistment or reenlistment in such forces, and their reserve components, may be suspended by the President to such extent as he may deem necessary in the interest of national defense.
In order to assist the Armed Forces in recruiting individuals for voluntary service in the Armed Forces, the Director shall, upon the request of the Secretary of Defense or the Secretary of Homeland Security, furnish to the Secretary the full names, email addresses (if available), dates of birth, phone numbers (if available), and mailing addresses of individuals registered under this Act. Full names, email addresses, dates of birth, phone numbers, and mailing addresses furnished pursuant to the preceding sentence may be used by the Secretary of Defense or Secretary of Homeland Security only for recruiting purposes.
Amendment by Pub. L. 119–60 effective one year after Dec. 18, 2025, see section 535(c) of Pub. L. 119–60, set out as an Effective Date of Repeal note under section 3802 of this title.
Pub. L. 118–159, div. A, title V, § 532(b), Dec. 23, 2024, 138 Stat. 1887, provided that:
“The amendments made by this section [amending this section] shall take effect 120 days after the date of the enactment of this Act [ Dec. 23, 2024 ].”
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
When used in this chapter—
The term “between the ages of eighteen and twenty-six” shall refer to men who have attained the eighteenth anniversary of the day of their birth and who have not attained the twenty-sixth anniversary of the day of their birth; and other terms designating different age groups shall be construed in a similar manner.
The term “United States”, when used in a geographical sense, shall be deemed to mean the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam.
The term “armed forces” shall be deemed to include the Army, the Navy, the Marine Corps, the Air Force, and the Coast Guard.
The term “district court of the United States” shall be deemed to include the courts of the United States for the Territories and possessions of the United States.
The term “local board” shall be deemed to include an intercounty local board in the case of any registrant who is subject to the jurisdiction of an intercounty local board.
The term “Director” shall be deemed to mean the Director of the Selective Service System.
The term “duly ordained minister of religion” means a person who has been ordained, in accordance with the ceremonial, ritual, or discipline of a church, religious sect, or organization established on the basis of a community of faith and belief, doctrines and practices of a religious character, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his regular and customary vocation preaches and teaches the principles of religion and administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization.
The term “regular minister of religion” means one who as his customary vocation preaches and teaches the principles of religion of a church, a religious sect, or organization of which he is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect, or organization as a regular minister.
The term “regular or duly ordained minister of religion” does not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization and does not include any person who may have been duly ordained a minister in accordance with the ceremonial, rite, or discipline of a church, religious sect or organization, but who does not regularly, as a bona fide vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his church, sect, or organization.
The term “organized unit”, when used with respect to a reserve component, shall be deemed to mean a unit in which the members thereof are required satisfactorily to participate in scheduled drills and training periods as prescribed by the Secretary of Defense.
The term “reserve components of the armed forces” shall, unless the context otherwise requires, be deemed to include the federally recognized National Guard of the United States, the federally recognized Air National Guard of the United States, the Officers’ Reserve Corps, the Regular Army Reserve, the Air Force Reserve, the Enlisted Reserve Corps, the Navy Reserve, the Marine Corps Reserve, and the Coast Guard Reserve, and shall include, in addition to the foregoing, the Public Health Service Reserve when serving with the armed forces.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard.
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard.
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.
Except as provided in this chapter all laws or any parts of laws in conflict with the provisions of the chapter are repealed to the extent of such conflict.
There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this chapter. All funds appropriated for the administrative expenses of the National Security Training Commission shall be appropriated directly to the Commission and all funds appropriated to pay the expenses of training carried out by the military departments designated by the Commission shall be appropriated directly to the Department of Defense.
Notwithstanding any other provisions of this chapter, no person shall be inducted for training and service in the Armed Forces after July 1, 1973, except persons now or hereafter deferred under section 3806 of this chapter after the basis for such deferment ceases to exist.
Pub. L. 92–129, title I, § 101(a)(35), Sept. 28, 1971, 85 Stat. 353, provided in part that:
“The amendment made by the preceding sentence [amending this section] shall take effect July 2, 1971 .”
National Security Training Commission expired June 30, 1957, pursuant to a Presidential letter on Mar. 25, 1957, following its own recommendation for its termination.
Whenever the President after consultation with and receiving advice from the National Security Resources Board 1 1 See Transfer of Functions note below. determines that it is in the interest of the national security for the Government to obtain prompt delivery of any articles or materials the procurement of which has been authorized by the Congress exclusively for the use of the armed forces of the United States, or for the use of the Atomic Energy Commission, 1 he is authorized, through the head of any Government agency, to place with any person operating a plant, mine, or other facility capable of producing such articles or materials an order for such quantity of such articles or materials as the President deems appropriate, except that no order which requires payments thereunder in excess of $25,000,000 shall be placed with any person unless the Committees on Armed Services of the Senate and the House of Representatives have been notified in writing of such proposed order and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees and neither House of Congress has adopted, within such 60-day period, a resolution disapproving such order. For purposes of the preceding sentence, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 60-day period. Any person with whom an order is placed pursuant to the provisions of this section shall be advised that such order is placed pursuant to the provisions of this section. Under any such program of national procurement, the President shall recognize the valid claim of American small business to participate in such contracts, in such manufactures, and in such distribution of materials, and small business shall be granted a fair share of the orders placed, exclusively for the use of the armed forces or for other Federal agencies now or hereafter designated in this section. For the purposes of this section, a business enterprise shall be determined to be “small business” if (1) its position in the trade or industry of which it is a part is not dominant, (2) the number of its employees does not exceed 500, and (3) it is independently owned and operated.
It shall be the duty of any person with whom an order is placed pursuant to the provisions of subsection (a), (1) to give such order such precedence with respect to all other orders (Government or private) theretofore or thereafter placed with such person as the President may prescribe, and (2) to fill such order within the period of time prescribed by the President or as soon thereafter as possible.
In case any person with whom an order is placed pursuant to the provisions of subsection (a) refuses or fails—
the President is authorized to take immediate possession of any plant, mine, or other facility of such person and to operate it, through any Government agency, for the production of such articles or materials as may be required by the Government.
to give such order such precedence with respect to all other orders (Government or private) theretofore or thereafter placed with such person as the President may have prescribed;
to fill such order within the period of time prescribed by the President or as soon thereafter as possible as determined by the President;
to produce the kind or quality of articles or materials ordered; or
to furnish the quantity, kind, and quality of articles or materials ordered at such price as shall be negotiated between such person and the Government agency concerned; or in the event of failure to negotiate a price, to furnish the quantity, kind, and quality of articles or materials ordered at such price as he may subsequently be determined to be entitled to receive under subsection (d);
Fair and just compensation shall be paid by the United States (1) for any articles or materials furnished pursuant to an order placed under subsection (a), or (2) as rental for any plant, mine, or other facility of which possession is taken under subsection (c).
Nothing contained in this section shall be deemed to render inapplicable to any plant, mine, or facility of which possession is taken pursuant to subsection (c) any State or Federal laws concerning the health, safety, security, or employment standards of employees.
Any person, or any officer of any person as defined in this section, who willfully fails or refuses to carry out any duty imposed upon him by subsection (b) of this section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than three years, or by a fine of not more than $50,000, or by both such imprisonment and fine.
As used in this section—
The term “person” means any individual, firm, company, association, corporation, or other form of business organization.
The term “Government agency” means any department, agency, independent establishment, or corporation in the Executive branch of the United States Government.
For the purposes of this section, a plant, mine, or other facility shall be deemed capable of producing any articles or materials if it is then producing or furnishing such articles or materials or if the President after consultation with and receiving advice from the National Security Resources Board determines that it can be readily converted to the production or furnishing of such articles or materials.
The President is empowered, through the Secretary of Defense, to require all producers of steel in the United States to make available, to individuals, firms, associations, companies, corporations, or organized manufacturing industries having orders for steel products or steel materials required by the armed forces, such percentages of the steel production of such producers, in equal proportion deemed necessary for the expeditious execution of orders for such products or materials. Compliance with such requirement shall be obligatory on all such producers of steel and such requirement shall take precedence over all orders and contracts theretofore placed with such producers. If any such producer of steel or the responsible head or heads thereof refuses to comply with such requirement, the President, through the Secretary of Defense, is authorized to take immediate possession of the plant or plants of such producer and, through the appropriate branch, bureau, or department of the armed forces, to insure compliance with such requirement. Any such producer of steel or the responsible head or heads thereof refusing to comply with such requirement shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than three years and a fine not exceeding $50,000.
Amendment by Pub. L. 93–155 not affecting the carrying out of any contract, loan, guarantee, commitment, or other obligation entered into prior to Nov. 16, 1973, see section 807(e) of Pub. L. 93–155, set out as a note under section 1431 of this title.
National Security Resources Board, together with Office of Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Chairman of National Security Resources Board under this section, with respect to being consulted by and furnishing advice to President as required by this section, abolished by section 5(a) of Reorg. Plan No. 3 of 1953. Other functions of Chairman transferred to Office of Defense Mobilization by section 2(a) of Reorg. Plan No. 3 of 1953. For subsequent transfers to Office of Emergency Planning, Office of Emergency Preparedness, President, Federal Preparedness Agency, Federal Emergency Management Agency, and Secretary of Homeland Security, see notes set out under former section 3042 of this title.
For delegation of President’s authority under this section with respect to placing of orders for prompt delivery of articles or materials, see section 102 of Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, set out as a note under section 82 of this title.
Nothing in this chapter shall be deemed to amend any provision of the National Security Act of 1947 ( 61 Stat. 495 ) [ 50 U.S.C. 3001 et seq.].
This chapter shall become effective immediately; except that unless the President, or the Congress by concurrent resolution, declares a national emergency after June 24, 1948 , no person shall be inducted or ordered into active service without his consent under this chapter within ninety days after June 24, 1948 .
Until July 1, 1953 , and subject to the limitations imposed by section 2 of the Selective Service Act of 1948, as amended, 1 1 See References in Text note below. the President shall be authorized to order into the active military or naval service of the United States for a period of not to exceed twenty-four consecutive months, with or without their consent, any or all members and units of any or all Reserve components of the Armed Forces of the United States and retired personnel of the Regular Armed Forces. Unless he is sooner released under regulations prescribed by the Secretary of the military department concerned, any member of the inactive or volunteer reserve who served on active duty for a period of 12 months or more in any branch of the Armed Forces between the period December 7, 1941 , and September 2, 1945 , inclusive, who is now or may hereafter be ordered to active duty pursuant to this section, shall upon completion of 17 or more months of active duty since June 25, 1950 , if he makes application therefor to the Secretary of the branch of service in which he is serving, be released from active duty and shall not thereafter be ordered to active duty for periods in excess of 30 days without his consent except in time of war or national emergency hereafter declared by the Congress: Provided , That the foregoing shall not apply to any member of the inactive or volunteer reserve ordered to active duty whose rating or specialty is found by the Secretary of the military department concerned to be critical and whose release to inactive duty prior to the period for which he was ordered to active duty would impair the efficiency of the military department concerned.
The President may retain the unit organizations and the equipment thereof, exclusive of the individual members thereof, in the active Federal service for a total period of five consecutive years, and upon being relieved by the appropriate Secretary from active Federal service, National Guard, or Air National Guard units, shall, insofar as practicable, be returned to their National Guard or Air National Guard status in their respective States, Territories, the District of Columbia, and Puerto Rico, with pertinent records, colors, histories, trophies, and other historical impedimenta.
It is hereby declared to be the purpose of this section to guarantee to each registrant asserting a claim before a local or appeal board, a fair hearing consistent with the informal and expeditious processing which is required by selective service cases.
Pursuant to such rules and regulations as the President may prescribe—
Each registrant shall be afforded the opportunity to appear in person before the local or any appeal board of the Selective Service System to testify and present evidence regarding his status.
Subject to reasonable limitations on the number of witnesses and the total time allotted to each registrant, each registrant shall have the right to present witnesses on his behalf before the local board.
A quorum of any local board or appeal board shall be present during the registrant’s personal appearance.
In the event of a decision adverse to the claim of a registrant, the local or appeal board making such decision shall, upon request, furnish to such registrant a brief written statement of the reasons for its decision.
CHAPTER 50— SERVICEMEMBERS CIVIL RELIEF
This chapter may be cited as the “Servicemembers Civil Relief Act”.
Pub. L. 108–189, § 3, Dec. 19, 2003, 117 Stat. 2866, provided that:
“The amendment made by section 1 [enacting this chapter] shall apply to any case that is not final before the date of the enactment of this Act [ Dec. 19, 2003 ].”
Pub. L. 116–285, § 1, Jan. 5, 2021, 134 Stat. 4878, provided that:
“This Act [amending section 3956 of this title ] may be cited as the ‘Protecting Families of Fallen Servicemembers Act’.”
Pub. L. 114–142, § 1, Mar. 31, 2016, 130 Stat. 326, provided that:
“This Act [amending section 3953 of this title and provisions set out as notes under section 3953 of this title ] may be cited as the ‘Foreclosure Relief and Extension for Servicemembers Act of 2015’.”
Pub. L. 113–286, § 1, Dec. 18, 2014, 128 Stat. 3093, provided that:
“This Act [amending provisions set out as notes under section 3953 of this title ] may be cited as the ‘Foreclosure Relief and Extension for Servicemembers Act of 2014’.”
Pub. L. 111–346, § 1, Dec. 29, 2010, 124 Stat. 3622, provided that:
“This Act [amending provisions set out as a note under section 3953 of this title ] may be cited as the ‘Helping Heroes Keep Their Homes Act of 2010’.”
Pub. L. 111–97, § 1, Nov. 11, 2009, 123 Stat. 3007, provided that:
“This Act [amending sections 3998, 4001, and 4025 of this title and enacting provisions set out as notes under sections 3998, 4001, and 4025 of this title] may be cited as the ‘Military Spouses Residency Relief Act’.”
Pub. L. 102–12, § 1, Mar. 18, 1991, 105 Stat. 34, provided that:
“This Act [see Tables for classification] may be cited as the ‘Soldiers’ and Sailors’ Civil Relief Act Amendments of 1991’.”
Act Oct. 6, 1942, ch. 581, § 1, 56 Stat. 769, provided:
“That this Act [see Tables for classification] may be cited as the ‘Soldiers’ and Sailors’ Civil Relief Act Amendments of 1942’.”
The purposes of this chapter are—
to provide for, strengthen, and expedite the national defense through protection extended by this chapter to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and
to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
SUBCHAPTER I— GENERAL PROVISIONS
For the purposes of this chapter:
The term “servicemember” means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10 .
The term “military service” means—
in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard—
active duty, as defined in section 101(d)(1) of title 10, and
in the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President and supported by Federal funds;
in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and
any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.
The term “period of military service” means the period beginning on the date on which a servicemember enters military service and ending on the date on which the servicemember is released from military service or dies while in military service.
The term “dependent”, with respect to a servicemember, means—
the servicemember’s spouse;
the servicemember’s child (as defined in section 101(4) of title 38); or
an individual for whom the servicemember provided more than one-half of the individual’s support for 180 days immediately preceding an application for relief under this chapter.
The term “court” means a court or an administrative agency of the United States or of any State (including any political subdivision of a State), whether or not a court or administrative agency of record.
The term “State” includes—
a commonwealth, territory, or possession of the United States; and
the District of Columbia.
The term “Secretary concerned”—
with respect to a member of the armed forces, has the meaning given that term in section 101(a)(9) of title 10;
with respect to a commissioned officer of the Public Health Service, means the Secretary of Health and Human Services; and
with respect to a commissioned officer of the National Oceanic and Atmospheric Administration, means the Secretary of Commerce.
The term “motor vehicle” has the meaning given that term in section 30102(a)(6) of title 49 . 1 1 See References in Text note below.
The term “judgment” means any judgment, decree, order, or ruling, final or temporary.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
This chapter applies to—
the United States;
each of the States, including the political subdivisions thereof; and
all territory subject to the jurisdiction of the United States.
This chapter applies to any judicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this chapter. This chapter does not apply to criminal proceedings.
When under this chapter any application is required to be made to a court in which no proceeding has already been commenced with respect to the matter, such application may be made to any court which would otherwise have jurisdiction over the matter.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Whenever pursuant to this chapter a court stays, postpones, or suspends (1) the enforcement of an obligation or liability, (2) the prosecution of a suit or proceeding, (3) the entry or enforcement of an order, writ, judgment, or decree, or (4) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily subject to the obligation or liability the performance or enforcement of which is stayed, postponed, or suspended.
When a judgment or decree is vacated or set aside, in whole or in part, pursuant to this chapter, the court may also set aside or vacate, as the case may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement of the judgment or decree.
A court may not enforce a bail bond during the period of military service of the principal on the bond when military service prevents the surety from obtaining the attendance of the principal. The court may discharge the surety and exonerate the bail, in accordance with principles of equity and justice, during or after the period of military service of the principal.
This chapter does not prevent a waiver in writing by a surety, guarantor, endorser, accommodation maker, comaker, or other person (whether primarily or secondarily liable on an obligation or liability) of the protections provided under subsections (a) and (b). Any such waiver is effective only if it is executed as an instrument separate from the obligation or liability with respect to which it applies.
If a waiver under paragraph (1) is executed by an individual who after the execution of the waiver enters military service, or by a dependent of an individual who after the execution of the waiver enters military service, the waiver is not valid after the beginning of the period of such military service unless the waiver was executed by such individual or dependent during the period specified in section 3917 of this title .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this chapter if that service with the allied force is similar to military service as defined in this chapter. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The Secretary concerned shall ensure that notice of the benefits accorded by this chapter is provided in writing to persons in military service and to persons entering military service.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [ 50 U.S.C. 3901 et seq.].
The information required to be provided under subsection (a) to a member shall be provided at the following times:
During the initial orientation training of the member.
In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year.
At such other times as the Secretary concerned considers appropriate.
The Secretary concerned may provide to the adult dependents of members under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [ 50 U.S.C. 3901 et seq.].
In this section, the terms “dependent” and “Secretary concerned” have the meanings given such terms in section 101 of the Servicemembers Civil Relief Act [ 50 U.S.C. 3911 ].
A member of a reserve component who is ordered to report for military service is entitled to the rights and protections of this subchapter and subchapters II and III during the period beginning on the date of the member’s receipt of the order and ending on the date on which the member reports for military service (or, if the order is revoked before the member so reports, or the date on which the order is revoked).
A person who has been ordered to report for induction under the Military Selective Service Act [ 50 U.S.C. 3801 et seq.] is entitled to the rights and protections provided a servicemember under this subchapter and subchapters II and III during the period beginning on the date of receipt of the order for induction and ending on the date on which the person reports for induction (or, if the order to report for induction is revoked before the date on which the person reports for induction, on the date on which the order is revoked).
The provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A servicemember may waive any of the rights and protections provided by this chapter. Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. In the case of a waiver that permits an action described in subsection (b), the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the servicemember’s period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the servicemember is not a party to that instrument, the servicemember concerned.
The requirement in subsection (a) for a written waiver applies to the following:
The modification, termination, or cancellation of—
a contract, lease, or bailment; or
an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage.
The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that—
is security for any obligation; or
was purchased or received under a contract, lease, or bailment.
Any waiver in writing of a right or protection provided by this chapter that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.
For the purposes of this section—
a person to whom section 3917 of this title applies shall be considered to be a servicemember; and
the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 3917 of this title shall be considered to be a period of military service.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this chapter in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following:
A determination by a lender or other person that the servicemember is unable to pay the civil obligation or liability in accordance with its terms.
With respect to a credit transaction between a creditor and the servicemember—
a denial or revocation of credit by the creditor;
a change by the creditor in the terms of an existing credit arrangement; or
a refusal by the creditor to grant credit to the servicemember in substantially the amount or on substantially the terms requested.
An adverse report relating to the creditworthiness of the servicemember by or to a person engaged in the practice of assembling or evaluating consumer credit information.
A refusal by an insurer to insure the servicemember.
An annotation in a servicemember’s record by a creditor or a person engaged in the practice of assembling or evaluating consumer credit information, identifying the servicemember as a member of the National Guard or a reserve component or as a member of the Space Force.
A change in the terms offered or conditions required for the issuance of insurance.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A legal representative of a servicemember for purposes of this chapter is either of the following:
An attorney acting on the behalf of a servicemember.
An individual possessing a power of attorney.
Whenever the term “servicemember” is used in this chapter, such term shall be treated as including a reference to a legal representative of the servicemember.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
SUBCHAPTER II— GENERAL RELIEF
This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.
In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—
stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or
if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service.
If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.
If based upon the affidavits filed in such an action, the court is unable to determine whether the defendant is in military service, the court, before entering judgment, may require the plaintiff to file a bond in an amount approved by the court. If the defendant is later found to be in military service, the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal and setting aside of a judgment under applicable Federal or State law or regulation or under any applicable ordinance of a political subdivision of a State. The court may issue such orders or enter such judgments as the court determines necessary to protect the rights of the defendant under this chapter.
The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days under this subsection upon application of counsel, or on the court’s own motion, if the court determines that—
there may be a defense to the action and a defense cannot be presented without the presence of the defendant; or
after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.
A stay of proceedings under subsection (d) shall not be controlled by procedures or requirements under section 3932 of this title .
If a servicemember who is a defendant in an action covered by this section receives actual notice of the action, the servicemember may request a stay of proceeding under section 3932 of this title .
If a default judgment is entered in an action covered by this section against a servicemember during the servicemember’s period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that—
the servicemember was materially affected by reason of that military service in making a defense to the action; and
the servicemember has a meritorious or legal defense to the action or some part of it.
An application under this subsection must be filed not later than 90 days after the date of the termination of or release from military service.
If a court vacates, sets aside, or reverses a default judgment against a servicemember and the vacating, setting aside, or reversing is because of a provision of this chapter, that action shall not impair a right or title acquired by a bona fide purchaser for value under the default judgment.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—
is in military service or is within 90 days after termination of or release from military service; and
has received notice of the action or proceeding.
At any stage before final judgment in a civil action or proceeding in which a servicemember described in subsection (a) is a party, the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days, if the conditions in paragraph (2) are met.
An application for a stay under paragraph (1) shall include the following:
A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.
A letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.
An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction).
A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply for an additional stay based on continuing material affect of military duty on the servicemember’s ability to appear. Such an application may be made by the servicemember at the time of the initial application under subsection (b) or when it appears that the servicemember is unavailable to prosecute or defend the action. The same information required under subsection (b)(2) shall be included in an application under this subsection.
If the court refuses to grant an additional stay of proceedings under paragraph (1), the court shall appoint counsel to represent the servicemember in the action or proceeding.
A servicemember who applies for a stay under this section and is unsuccessful may not seek the protections afforded by section 3931 of this title .
The protections of this section do not apply to section 3951 of this title .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Pub. L. 102–12, § 6, Mar. 18, 1991, 105 Stat. 37, provided that:
“(a) Stay of Action or Proceeding .— In any judicial action or proceeding (other than a criminal proceeding) in which a member of the Armed Forces described in subsection (b) is involved (either as plaintiff or defendant), the court shall, upon application by such member (or some other person on the member’s behalf) at any stage before final judgment is entered, stay the action or proceeding until a date after June 30, 1991 . “(b) Members Covered .— A member of the Armed Forces is covered by subsection (a) if at the time of application for the stay of a judicial action or proceeding the member— “(1) is on active duty; and “(2) is serving outside the State in which the court having jurisdiction over the action or proceeding is located. “(c) Definition .— For purposes of this section, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.”
When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.
If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if—
the servicemember was in military service at the time the fine or penalty was incurred; and
the ability of the servicemember to perform the obligation was materially affected by such military service.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, the court may on its own motion and shall on application by the servicemember—
stay the execution of any judgment or order entered against the servicemember; and
vacate or stay an attachment or garnishment of property, money, or debts in the possession of the servicemember or a third party, whether before or after judgment.
This section applies to an action or proceeding commenced in a court against a servicemember before or during the period of the servicemember’s military service or within 90 days after such service terminates.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.
If the servicemember is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.
A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment.
This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States.
Section was formerly classified to section 526 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 206 of act Oct. 17, 1940, ch. 888, art. II, as added Oct. 6, 1942, ch. 581, § 6, 56 Stat. 771; amended Pub. L. 102–12, § 9(7), Mar. 18, 1991, 105 Stat. 39, related to maximum rate of interest, prior to the general amendment of this Act by Pub. L. 108–189. See section 3937 of this title.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember’s spouse jointly, before the servicemember enters military service shall not bear interest at a rate in excess of 6 percent—
during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage; or
during the period of military service, in the case of any other obligation or liability.
Interest at a rate in excess of 6 percent per year that would otherwise be incurred but for the prohibition in paragraph (1) is forgiven.
The amount of any periodic payment due from a servicemember under the terms of the instrument that created an obligation or liability covered by this section shall be reduced by the amount of the interest forgiven under paragraph (2) that is allocable to the period for which such payment is made.
Not later than 180 days after the date of a servicemember’s termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—
the military orders calling the servicemember to military service and any orders further extending military service; or
any other appropriate indicator of military service, including a certified letter from a commanding officer.
A creditor may use, in lieu of notice and documentation under subparagraph (A), information retrieved from the Defense Manpower Data Center through the creditor’s normal business reviews of such Center for purposes of obtaining information indicating that the servicemember is on active duty.
A creditor that uses the information retrieved from the Defense Manpower Data Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—
such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and
the creditor has not, by the end of the 180-day period under subparagraph (A), received the written notice and documentation required under that subparagraph with respect to the servicemember.
Upon receipt of written notice and a copy of orders calling a servicemember to military service, the creditor shall treat the debt in accordance with subsection (a), effective as of the date on which the servicemember is called to military service.
A court may grant a creditor relief from the limitations of this section if, in the opinion of the court, the ability of the servicemember to pay interest upon the obligation or liability at a rate in excess of 6 percent per year is not materially affected by reason of the servicemember’s military service.
In this section:
The term “interest” includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to an obligation or liability.
The term “obligation or liability” includes an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage.
Whoever knowingly violates subsection (a) shall be fined as provided in title 18, imprisoned for not more than one year, or both.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.
If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
that are designated as unaccompanied;
for which dependent travel is not authorized; or
that otherwise do not permit the movement of family members to that location.
The Secretaries of each of the military departments shall ensure that each member of the Armed Forces with dependents receives annually, and prior to each deployment, notice of the child custody protections afforded to members of the Armed Forces under the Servicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq.).
SUBCHAPTER III— RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS
Except by court order, a landlord (or another person with paramount title) may not—
evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—
that are occupied or intended to be occupied primarily as a residence; and
for which the monthly rent does not exceed $2,400, as adjusted under paragraph (2) for years after 2003; or
subject such premises to a distress during the period of military service.
For calendar years beginning with 2004, the amount in effect under paragraph (1)(A)(ii) shall be increased by the housing price inflation adjustment for the calendar year involved.
For purposes of this paragraph—
The housing price inflation adjustment for any calendar year is the percentage change (if any) by which—
the CPI housing component for November of the preceding calendar year, exceeds
the CPI housing component for November of 1984.
The term “CPI housing component” means the index published by the Bureau of Labor Statistics of the Department of Labor known as the Consumer Price Index, All Urban Consumers, Rent of Primary Residence, U.S. City Average.
The Secretary of Defense shall cause to be published in the Federal Register each year the amount in effect under paragraph (1)(A)(ii) for that year following the housing price inflation adjustment for that year pursuant to paragraph (2). Such publication shall be made for a year not later than 60 days after such adjustment is made for that year.
Upon an application for eviction or distress with respect to premises covered by this section, the court may on its own motion and shall, if a request is made by or on behalf of a servicemember whose ability to pay the agreed rent is materially affected by military service—
stay the proceedings for a period of 90 days, unless in the opinion of the court, justice and equity require a longer or shorter period of time; or
adjust the obligation under the lease to preserve the interests of all parties.
If a stay is granted under paragraph (1), the court may grant to the landlord (or other person with paramount title) such relief as equity may require.
Except as provided in subsection (a), a person who knowingly takes part in an eviction or distress described in subsection (a), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
To the extent required by a court order related to property which is the subject of a court action under this section, the Secretary concerned shall make an allotment from the pay of a servicemember to satisfy the terms of such order, except that any such allotment shall be subject to regulations prescribed by the Secretary concerned establishing the maximum amount of pay of servicemembers that may be allotted under this subsection.
Section 3932 of this title is not applicable to this section.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
After a servicemember enters military service, a contract by the servicemember for—
may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order.
the purchase of real or personal property (including a motor vehicle); or
the lease or bailment of such property,
This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.
A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title , or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
In a hearing based on this section, the court—
may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
may, on its own motion, and shall on application by a servicemember when the servicemember’s ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or
may make other disposition as is equitable to preserve the interests of all parties.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
This section applies only to an obligation on real or personal property owned by a servicemember that—
originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and
is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
In an action filed during, or within one year after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation is materially affected by military service—
stay the proceedings for a period of time as justice and equity require, or
adjust the obligation to preserve the interests of all parties.
A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within one year after, the period of the servicemember’s military service except—
upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or
if made pursuant to an agreement as provided in section 3918 of this title.
A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
Pub. L. 112–154, title VII, § 710(c), Aug. 6, 2012, 126 Stat. 1208, provided that:
“The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [ Aug. 6, 2012 ].”
Pub. L. 112–154, title VII, § 710(d)(1), Aug. 6, 2012, 126 Stat. 1208, as amended by Pub. L. 113–286, § 2(1), Dec. 18, 2014, 128 Stat. 3093; Pub. L. 114–142, § 2(1), Mar. 31, 2016, 130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(1), Dec. 12, 2017, 131 Stat. 1405, which provided that the amendments made by subsecs. (a) and (b) of section 710 of Pub. L. 112–154 (amending this section) would expire on Dec. 31, 2019, was repealed by Pub. L. 115–174, title III, § 313, May 24, 2018, 132 Stat. 1356.
Pub. L. 112–154, title VII, § 710(d)(3), Aug. 6, 2012, 126 Stat. 1208, as amended by Pub. L. 113–286, § 2(2), Dec. 18, 2014, 128 Stat. 3093; Pub. L. 114–142, § 2(2), Mar. 31, 2016, 130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(2), Dec. 12, 2017, 131 Stat. 1405, which provided that, effective Jan. 1, 2020, the provisions of subsecs. (b) and (c) of this section, as in effect on July 29, 2008, would be revived, was repealed by Pub. L. 115–174, title III, § 313, May 24, 2018, 132 Stat. 1356.
Pub. L. 110–289, div. B, title II, § 2203(c), July 30, 2008, 122 Stat. 2850, as amended by Pub. L. 111–346, § 2, Dec. 29, 2010, 124 Stat. 3622; Pub. L. 112–154, title VII, § 710(d)(2), Aug. 6, 2012, 126 Stat. 1208, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ July 30, 2008 ].”
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.
Based on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after—
the lessee’s entry into military service;
the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be; or
the date of the lessee’s stop movement order described in paragraph (1)(C) or (2)(C) of subsection (b), as the case may be.
A lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.
The spouse or dependent of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date of the death of the lessee, if the lessee dies while in military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10 ).
If the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service or while performing covered service, during the one-year period beginning on the date on which the lessee incurs such injury or illness—
the lessee may terminate the lease; or
in the case of a lessee who lacks the mental capacity to contract or to manage his or her own affairs (including disbursement of funds without limitation) due to such injury or illness, the spouse or dependent of the lessee may terminate the lease.
In this paragraph:
The term “catastrophic injury or illness” has the meaning given that term in section 439(g) of title 37.
The term “covered service” means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10).
This section applies to the following leases:
A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if—
the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service;
the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or
the servicemember, while in military service—
executes a lease upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and
thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember’s dependents from occupying the lease for a residential, professional, business, agricultural, or similar purpose.
A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember’s dependents for personal or business transportation if—
the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days);
the servicemember, while in military service, executes the lease and thereafter receives military orders—
for a change of permanent station—
from a location in the continental United States to a location outside the continental United States; or
from a location in a State outside the continental United States to any location outside that State; or
to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days; or
the servicemember, while in military service—
executes a lease upon receipt of military orders described in subparagraph (B); and
thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember, or the servicemember’s dependents, from using the vehicle for personal or business transportation.
Termination of a lease under subsection (a) is made—
by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee); and
in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee), not later than 15 days after the date of the delivery of written notice under subparagraph (A).
Delivery of notice under paragraph (1)(A) may be accomplished—
by hand delivery;
by private business carrier;
by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor’s grantee) or to the lessor’s agent (or the agent’s grantee), and depositing the written notice in the United States mails; or
by electronic means, including—
the direct delivery of material to an electronic address designated by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee);
the posting of material to a website or other internet or electronic-based information repository to which access has been granted to the lessee, the lessor (or the lessor’s grantee), or the lessor’s agent (or the agent’s grantee); and
other electronic means reasonably calculated to ensure actual receipt of the material by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee).
In the case of a lease described in subparagraph (A) or (B) of subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subparagraphs (A) and (B) of subsection (b)(1) termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
In the case of a lease described in subsection (b)(1)(C), termination of the lease under subsection (a) is effective on the date on which the requirements of subsection (c) are met for such termination.
In the case of a lease described in subsection (b)(2), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.
Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
Lease amounts for a lease described in subsection (b)(2) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor’s assignee or the assignee’s agent) within 30 days of the effective date of the termination of the lease.
Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require.
Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
In this section:
The term “military orders”, with respect to a servicemember, means official military orders (including orders for separation or retirement), or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status.
The term “continental United States” means the 48 contiguous States and the District of Columbia.
The term “permanent change of station” includes separation or retirement from military service.
Pub. L. 116–315, title VII, § 7201(b), Jan. 5, 2021, 134 Stat. 5063, provided that:
“The amendments made by subsection (a) [amending this section] shall apply to delivery of notice of lease terminations on or after the date the enactment of this Act [ Jan. 5, 2021 ].”
Pub. L. 116–315, title VII, § 7202(b), Jan. 5, 2021, 134 Stat. 5064, provided that:
“The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020 .”
Pub. L. 116–158, § 1(e), Aug. 14, 2020, 134 Stat. 708, provided that:
“The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020 .”
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A servicemember may terminate a contract described in subsection (b) at any time after—
the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or
the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then receives a stop movement order issued by the Secretary of Defense or the Secretary of Homeland Security in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, that prevents the servicemember from using the services provided under the contract.
In the case that a servicemember terminates a contract as described in paragraph (1), the service provider under the contract shall provide such servicemember with written or electronic notice of the servicemember’s rights under such paragraph.
Termination of a contract under paragraph (1) shall be made by delivery of a written or electronic notice of such termination and a copy of the servicemember’s military orders to the service provider, delivered in accordance with industry standards for notification of terminations, together with the date on which the service is to be terminated.
For purposes of this section, the following individuals shall be treated as a servicemember covered by paragraph (1):
A spouse or dependent of a servicemember who dies while in military service or a spouse or dependent of a member of the reserve components who dies while performing duty described in subparagraph (C).
A spouse or dependent of a servicemember who incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37), if the servicemember incurs the catastrophic injury or illness while in military service or performing duty described in subparagraph (C).
A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10).
The spouse or dependent of a servicemember, described in paragraph (1)(B), who accompanies such servicemember during the period of relocation.
A contract described in this subsection is a contract—
for—
commercial mobile service;
telephone exchange service;
internet access service;
multichannel video programming service;
a gym membership or fitness program; or
home security services; and
entered into by a servicemember before receiving the military orders referred to in subsection (a)(1).
In the case of a contract for commercial mobile service or telephone exchange service terminated under subsection (a) by a servicemember whose period of relocation is for a period of three years or less, the service provider under the contract shall, notwithstanding any other provision of law, allow the servicemember to keep the telephone number the servicemember has under the contract if the servicemember re-subscribes to the service during the 90-day period beginning on the last day of such period of relocation.
In the case of a contract for commercial mobile service entered into by any individual in which a servicemember is a designated beneficiary of the contract, the individual who entered into the contract may terminate the contract—
with respect to the servicemember if the servicemember is eligible to terminate contracts pursuant to subsection (a); and
with respect to all of the designated beneficiaries of such contract if all such beneficiaries accompany the servicemember during the servicemember’s period of relocation.
For any contract terminated under this section, the service provider under the contract may not impose an early termination charge, but any tax or any other obligation or liability of the servicemember that, in accordance with the terms of the contract, is due and unpaid or unperformed at the time of termination of the contract shall be paid or performed by the servicemember.
If the servicemember re-subscribes to the service provided under a covered contract during the 90-day period beginning on the last day of the servicemember’s period of relocation, the service provider may not impose a charge for reinstating service, other than the usual and customary charges for the installation or acquisition of customer equipment imposed on any other subscriber.
If a servicemember terminates a contract under subsection (a), the servicemember shall return any provider-owned consumer premises equipment to the service provider not later than 10 days after the date on which service is disconnected.
Not later than 60 days after the effective date of the termination of a contract under this section, the service provider under the contract shall refund to the servicemember any fee or other amount to the extent paid for a period extending until after such date, except for the remainder of the monthly or similar billing period in which the termination occurs.
For purposes of this section:
The term “commercial mobile service” has the meaning given that term in section 332(d) of title 47.
The terms “military orders” and “permanent change of station” have the meanings given such terms in section 3955 of this title.
The term “multichannel video programming service” means a subscription video service offered by a multichannel video programming distributor, as that term is defined in section 522 of title 47, over a system the distributor owns or controls.
The term “provider-owned consumer premises equipment” means any equipment that a provider of internet access service or multichannel video programming service rents or loans to a customer during the provision of that service, including gateways, routers, cable modems, voice-capable modems, CableCARDs, converters, digital adapters, remote controls, and any other equipment provided.
The term “telephone exchange service” has the meaning given that term under section 153 of title 47.
Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, provided that:
“The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020 .”
If a life insurance policy on the life of a servicemember is assigned before military service to secure the payment of an obligation, the assignee of the policy (except the insurer in connection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assignment without a court order.
The prohibition in subsection (a) shall not apply—
if the assignee has the written consent of the insured made during the period described in subsection (a);
when the premiums on the policy are due and unpaid; or
upon the death of the insured.
A court which receives an application for an order required under subsection (a) may refuse to grant such order if the court determines the ability of the servicemember to comply with the terms of the obligation is materially affected by military service.
For purposes of this subsection, premiums guaranteed under the provisions of subchapter IV of this chapter shall not be considered due and unpaid.
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—
The provisions of this subsection do not affect the scope of section 3953 of this title.
stay the proceeding for a period of time as justice and equity require; or
adjust the obligation to preserve the interests of all parties.
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Upon application to a court, a dependent of a servicemember is entitled to the protections of this subchapter if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
SUBCHAPTER IV— LIFE INSURANCE
For the purposes of this subchapter:
The term “policy” means any individual contract for whole, endowment, universal, or term life insurance (other than group term life insurance coverage), including any benefit in the nature of such insurance arising out of membership in any fraternal or beneficial association which—
provides that the insurer may not—
decrease the amount of coverage or require the payment of an additional amount as premiums if the insured engages in military service (except increases in premiums in individual term insurance based upon age); or
limit or restrict coverage for any activity required by military service; and
is in force not less than 180 days before the date of the insured’s entry into military service and at the time of application under this subchapter.
The term “premium” means the amount specified in an insurance policy to be paid to keep the policy in force.
The term “insured” means a servicemember whose life is insured under a policy.
The term “insurer” includes any firm, corporation, partnership, association, or business that is chartered or authorized to provide insurance and issue contracts or policies by the laws of a State or the United States.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The rights and protections under this subchapter apply to the insured when—
applies in writing for protection under this subchapter, unless the Secretary of Veterans Affairs determines that the insured’s policy is not entitled to protection under this subchapter.
the insured,
the insured’s legal representative, or
the insured’s beneficiary in the case of an insured who is outside a State,
The Secretary of Veterans Affairs shall notify the Secretary concerned of the procedures to be used to apply for the protections provided under this subchapter. The applicant shall send the original application to the insurer and a copy to the Secretary of Veterans Affairs.
The total amount of life insurance coverage protection provided by this subchapter for a servicemember may not exceed $250,000, or an amount equal to the Servicemember’s Group Life Insurance maximum limit, whichever is greater, regardless of the number of policies submitted.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
An application for protection under this subchapter shall—
be in writing and signed by the insured, the insured’s legal representative, or the insured’s beneficiary, as the case may be;
identify the policy and the insurer; and
include an acknowledgement that the insured’s rights under the policy are subject to and modified by the provisions of this subchapter.
The Secretary of Veterans Affairs may require additional information from the applicant, the insured and the insurer to determine if the policy is entitled to protection under this subchapter.
Upon receipt of the application of the insured, the insurer shall furnish a report concerning the policy to the Secretary of Veterans Affairs as required by regulations prescribed by the Secretary.
Upon application for protection under this subchapter, the insured and the insurer shall have constructively agreed to any policy modification necessary to give this title full force and effect.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The Secretary of Veterans Affairs shall determine whether a policy is entitled to protection under this subchapter and shall notify the insured and the insurer of that determination.
A policy that the Secretary determines is entitled to protection under this subchapter shall not lapse or otherwise terminate or be forfeited for the nonpayment of a premium, or interest or indebtedness on a premium, after the date on which the application for protection is received by the Secretary.
The protection provided by this subchapter applies during the insured’s period of military service and for a period of two years thereafter.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
While a policy is protected under this subchapter, a dividend or other monetary benefit under a policy may not be paid to an insured or used to purchase dividend additions without the approval of the Secretary of Veterans Affairs. If such approval is not obtained, the dividends or benefits shall be added to the value of the policy to be used as a credit when final settlement is made with the insurer.
While a policy is protected under this subchapter, cash value, loan value, withdrawal of dividend accumulation, unearned premiums, or other value of similar character may not be available to the insured without the approval of the Secretary. The right of the insured to change a beneficiary designation or select an optional settlement for a beneficiary shall not be affected by the provisions of this subchapter.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
If a policy matures as a result of a servicemember’s death or otherwise during the period of protection of the policy under this subchapter, the insurer in making settlement shall deduct from the insurance proceeds the amount of the unpaid premiums guaranteed under this subchapter, together with interest due at the rate fixed in the policy for policy loans.
If the interest rate is not specifically fixed in the policy, the rate shall be the same as for policy loans in other policies issued by the insurer at the time the insured’s policy was issued.
The amount deducted under this section, if any, shall be reported by the insurer to the Secretary of Veterans Affairs.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Payment of premiums, and interest on premiums at the rate specified in section 3976 of this title , which become due on a policy under the protection of this subchapter is guaranteed by the United States. If the amount guaranteed is not paid to the insurer before the period of insurance protection under this subchapter expires, the amount due shall be treated by the insurer as a policy loan on the policy.
If, at the expiration of insurance protection under this subchapter, the cash surrender value of a policy is less than the amount due to pay premiums and interest on premiums on the policy, the policy shall terminate. Upon such termination, the United States shall pay the insurer the difference between the amount due and the cash surrender value.
The amount paid by the United States to an insurer under this subchapter shall be a debt payable to the United States by the insured on whose policy payment was made.
Such amount may be collected by the United States, either as an offset from any amount due the insured by the United States or as otherwise authorized by law.
Such debt payable to the United States is not dischargeable in bankruptcy proceedings.
Any amounts received by the United States as repayment of debts incurred by an insured under this subchapter shall be credited to the appropriation for the payment of claims under this subchapter.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The Secretary of Veterans Affairs shall prescribe regulations for the implementation of this subchapter.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The findings of fact and conclusions of law made by the Secretary of Veterans Affairs in administering this subchapter are subject to review on appeal to the Board of Veterans’ Appeals pursuant to chapter 71 of title 38 and to judicial review only as provided in chapter 72 of such title.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
SUBCHAPTER V— TAXES AND PUBLIC LANDS
This section applies in any case in which a tax or assessment, whether general or special (other than a tax on personal income), falls due and remains unpaid before or during a period of military service with respect to a servicemember’s—
personal property (including motor vehicles); or
real property occupied for dwelling, professional, business, or agricultural purposes by a servicemember or the servicemember’s dependents or employees—
before the servicemember’s entry into military service; and
during the time the tax or assessment remains unpaid.
Property described in subsection (a) may not be sold to enforce the collection of such tax or assessment except by court order and upon the determination by the court that military service does not materially affect the servicemember’s ability to pay the unpaid tax or assessment.
A court may stay a proceeding to enforce the collection of such tax or assessment, or sale of such property, during a period of military service of the servicemember and for a period not more than 180 days after the termination of, or release of the servicemember from, military service.
When property described in subsection (a) is sold or forfeited to enforce the collection of a tax or assessment, a servicemember shall have the right to redeem or commence an action to redeem the servicemember’s property during the period of military service or within 180 days after termination of or release from military service. This subsection may not be construed to shorten any period provided by the law of a State (including any political subdivision of a State) for redemption.
Whenever a servicemember does not pay a tax or assessment on property described in subsection (a) when due, the amount of the tax or assessment due and unpaid shall bear interest until paid at the rate of 6 percent per year. An additional penalty or interest shall not be incurred by reason of nonpayment. A lien for such unpaid tax or assessment may include interest under this subsection.
This section applies to all forms of property described in subsection (a) owned individually by a servicemember or jointly by a servicemember and a dependent or dependents.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The rights of a servicemember to lands owned or controlled by the United States, and initiated or acquired by the servicemember under the laws of the United States (including the mining and mineral leasing laws) before military service, shall not be forfeited or prejudiced as a result of being absent from the land, or by failing to begin or complete any work or improvements to the land, during the period of military service.
If a permittee or licensee under the Act of June 28, 1934 ( 43 U.S.C. 315 et seq.), enters military service, the permittee or licensee may suspend the permit or license for the period of military service and for 180 days after termination of or release from military service.
Regulations prescribed by the Secretary of the Interior shall provide for such suspension of permits and licenses and for the remission, reduction, or refund of grazing fees during the period of such suspension.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A desert-land entry made or held under the desert-land laws before the entrance of the entryman or the entryman’s successor in interest into military service shall not be subject to contest or cancellation—
The time within which the entryman or claimant is required to make such expenditures and effect reclamation of the land shall be exclusive of the time periods described in paragraphs (2) and (3).
for failure to expend any required amount per acre per year in improvements upon the claim;
for failure to effect the reclamation of the claim during the period the entryman or the entryman’s successor in interest is in the military service, or for 180 days after termination of or release from military service; or
during any period of hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.
If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed.
In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The provisions of section 28 of title 30 specified in subsection (b) shall not apply to a servicemember’s claims or interests in claims, regularly located and recorded, during a period of military service and 180 days thereafter, or during any period of hospitalization or rehabilitation due to injuries or disabilities incurred in the line of duty.
The provisions in section 28 of title 30 that shall not apply under subsection (a) are those which require that on each mining claim located after May 10, 1872 , and until a patent has been issued for such claim, not less than $100 worth of labor shall be performed or improvements made during each year.
A mining claim or an interest in a claim owned by a servicemember that has been regularly located and recorded shall not be subject to forfeiture for nonperformance of annual assessments during the period of military service and for 180 days thereafter, or for any period of hospitalization or rehabilitation described in subsection (a).
In order to obtain the protections of this section, the claimant of a mining location shall, before the end of the assessment year in which military service is begun or within 60 days after the end of such assessment year, cause to be filed in the office where the location notice or certificate is recorded a notice communicating the fact of military service and the desire to hold the mining claim under this section.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A person holding a permit or lease on the public domain under the Federal mineral leasing laws who enters military service may suspend all operations under the permit or lease for the duration of military service and for 180 days thereafter. The term of the permit or lease shall not run during the period of suspension, nor shall any rental or royalties be charged against the permit or lease during the period of suspension.
In order to obtain the protection of this section, the permittee or lessee shall, within 180 days after entry into military service, notify the Secretary of the Interior by registered mail of the fact that military service has begun and of the desire to hold the claim under this section.
This section shall not be construed to supersede the terms of any contract for operation of a permit or lease.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
This subchapter shall not affect the right of a servicemember to take action during a period of military service that is authorized by law or regulations of the Department of the Interior, for the perfection, defense, or further assertion of rights initiated or acquired before entering military service.
A servicemember during a period of military service may make any affidavit or submit any proof required by law, practice, or regulation of the Department of the Interior in connection with the entry, perfection, defense, or further assertion of rights initiated or acquired before entering military service before an officer authorized to provide notary services under section 1044a of title 10 or any superior commissioned officer.
Such affidavits shall be binding in law and subject to the same penalties as prescribed by section 1001 of title 18 .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The Secretary concerned shall issue to servicemembers information explaining the provisions of this subchapter.
The Secretary concerned shall provide application forms to servicemembers requesting relief under this subchapter.
The Secretary of the Interior shall furnish to the Secretary concerned information explaining the provisions of this subchapter (other than sections 3991, 4000, and 4001 of this title) and related application forms.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Any servicemember under the age of 21 in military service shall be entitled to the same rights under the laws relating to lands owned or controlled by the United States, including mining and mineral leasing laws, as those servicemembers who are 21 years of age.
Any requirement related to the establishment of a residence within a limited time shall be suspended as to entry by a servicemember in military service or the spouse of such servicemember until 180 days after termination of or release from military service.
Applications for entry may be verified before a person authorized to administer oaths under section 1044a of title 10 or under the laws of the State where the land is situated.
Pub. L. 111–97, § 4(b), Nov. 11, 2009, 123 Stat. 3008, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511) [now 50 U.S.C. 3911 ]) on or after the date of the enactment of this Act [ Nov. 11, 2009 ].”
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
The Secretary of the Interior may issue regulations necessary to carry out this subchapter (other than sections 3991, 4000, and 4001 of this title).
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
Upon notice to the Internal Revenue Service or the tax authority of a State or a political subdivision of a State, the collection of income tax on the income of a servicemember falling due before or during military service shall be deferred for a period not more than 180 days after termination of or release from military service, if a servicemember’s ability to pay such income tax is materially affected by military service.
No interest or penalty shall accrue for the period of deferment by reason of nonpayment on any amount of tax deferred under this section.
The running of a statute of limitations against the collection of tax deferred under this section, by seizure or otherwise, shall be suspended for the period of military service of the servicemember and for an additional period of 270 days thereafter.
This section shall not apply to the tax imposed on employees by section 3101 of title 26 .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.
A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders.
For any taxable year of the marriage, a servicemember and the spouse of such servicemember may elect to use for purposes of taxation, regardless of the date on which the marriage of the servicemember and the spouse occurred, any of the following:
The residence or domicile of the servicemember.
The residence or domicile of the spouse.
The permanent duty station of the servicemember.
Compensation of a servicemember for military service shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the servicemember is not a resident or domiciliary of the jurisdiction in which the servicemember is serving in compliance with military orders.
Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.
The personal property of a servicemember or the spouse of a servicemember shall not be deemed to be located or present in, or to have a situs for taxation in, the tax jurisdiction in which the servicemember is serving in compliance with military orders.
This subsection applies to personal property or its use within any tax jurisdiction other than the servicemember’s or the spouse’s domicile or residence.
This section does not prevent taxation by a tax jurisdiction with respect to personal property used in or arising from a trade or business, if it has jurisdiction.
Eligibility for relief from personal property taxes under this subsection is not contingent on whether or not such taxes are paid to the State of domicile.
A tax jurisdiction may not use the military compensation of a nonresident servicemember to increase the tax liability imposed on other income earned by the nonresident servicemember or spouse subject to tax by the jurisdiction.
An Indian servicemember whose legal residence or domicile is a Federal Indian reservation shall be taxed by the laws applicable to Federal Indian reservations and not the State where the reservation is located.
For purposes of this section:
The term “personal property” means intangible and tangible property (including motor vehicles).
The term “taxation” includes licenses, fees, or excises imposed with respect to motor vehicles and their use, if the license, fee, or excise is paid by the servicemember in the servicemember’s State of domicile or residence.
The term “tax jurisdiction” means a State or a political subdivision of a State.
Pub. L. 115–407, title III, § 302(b), Dec. 31, 2018, 132 Stat. 5373, provided that:
“The amendments made by subsection (a) [amending this section] shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act [ Dec. 31, 2018 ].”
Pub. L. 111–97, § 3(b), Nov. 11, 2009, 123 Stat. 3008, provided that:
“Subsections (a)(2) and (c) of section 511 of such Act [Servicemembers Civil Relief Act] (50 U.S.C. App. 571) [now 50 U.S.C. 4001 ], as added by subsection (a) of this section, and the amendments made to such section 511 by subsection (a)(4) of this section [amending this section], shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act [ Nov. 11, 2009 ].”
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
SUBCHAPTER VI— ADMINISTRATIVE REMEDIES
If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
In any proceeding under this chapter, a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate:
That a person named is, is not, has been, or has not been in military service.
The time and the place the person entered military service.
The person’s residence at the time the person entered military service.
The rank, branch, and unit of military service of the person upon entry.
The inclusive dates of the person’s military service.
The monthly pay received by the person at the date of the certificate’s issuance.
The time and place of the person’s termination of or release from military service, or the person’s death during military service.
The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it.
A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this chapter that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
An interlocutory order issued by a court under this chapter may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
SUBCHAPTER VII— FURTHER RELIEF
A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief—
from any obligation or liability incurred by the servicemember before the servicemember’s military service; or
from a tax or assessment falling due before or during the servicemember’s military service.
In a case covered by subsection (a), the court may, if the ability of the servicemember to comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following relief:
In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, the court may grant a stay of the enforcement of the obligation—
during the servicemember’s period of military service; and
from the date of termination of or release from military service, or from the date of application if made after termination of or release from military service.
Any stay under this paragraph shall be—
for a period equal to the remaining life of the installment contract or other instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and
subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant’s military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable.
In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement—
during the servicemember’s military service; and
from the date of termination of or release from military service, or from the date of application if made after termination or release from military service.
Any stay under this paragraph shall be—
for a period of time equal to the period of the servicemember’s military service or any part of such period; and
subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable.
When a court grants a stay under this section, a fine or penalty shall not accrue on the obligation, liability, tax, or assessment for the period of compliance with the terms and conditions of the stay.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in section 551(2) of title 37) if the power of attorney—
was duly executed by the servicemember—
while in military service; or
before entry into military service but after the servicemember—
received a call or order to report for military service; or
was notified by an official of the Department of Defense that the person could receive a call or order to report for military service;
designates the servicemember’s spouse, parent, or other named relative as the servicemember’s attorney in fact for certain, specified, or all purposes; and
expires by its terms after the servicemember entered a missing status.
A power of attorney executed by a servicemember may not be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though the servicemember, after the date of execution of the document, enters a missing status.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
This section applies to a servicemember who—
after July 31, 1990, is ordered to active duty (other than for training) pursuant to sections 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10 or who is ordered to active duty under section 12301(d) of such title during a period when members are on active duty pursuant to any of the preceding sections; and
immediately before receiving the order to active duty—
was engaged in the furnishing of health-care or legal services or other services determined by the Secretary of Defense to be professional services; and
had in effect a professional liability insurance policy that does not continue to cover claims filed with respect to the servicemember during the period of the servicemember’s active duty unless the premiums are paid for such coverage for such period.
Coverage of a servicemember referred to in subsection (a) by a professional liability insurance policy shall be suspended by the insurance carrier in accordance with this subsection upon receipt of a written request from the servicemember by the insurance carrier.
A professional liability insurance carrier—
may not require that premiums be paid by or on behalf of a servicemember for any professional liability insurance coverage suspended pursuant to paragraph (1); and
shall refund any amount paid for coverage for the period of such suspension or, upon the election of such servicemember, apply such amount for the payment of any premium becoming due upon the reinstatement of such coverage.
A professional liability insurance carrier shall not be liable with respect to any claim that is based on professional conduct (including any failure to take any action in a professional capacity) of a servicemember that occurs during a period of suspension of that servicemember’s professional liability insurance under this subsection.
For the purposes of paragraph (3), a claim based upon the failure of a professional to make adequate provision for a patient, client, or other person to receive professional services or other assistance during the period of the professional’s active duty service shall be considered to be based on an action or failure to take action before the beginning of the period of the suspension of professional liability insurance under this subsection, except in a case in which professional services were provided after the date of the beginning of such period.
Professional liability insurance coverage suspended in the case of any servicemember pursuant to subsection (b) shall be reinstated by the insurance carrier on the date on which that servicemember transmits to the insurance carrier a written request for reinstatement.
The request of a servicemember for reinstatement shall be effective only if the servicemember transmits the request to the insurance carrier within 30 days after the date on which the servicemember is released from active duty. The insurance carrier shall notify the servicemember of the due date for payment of the premium of such insurance. Such premium shall be paid by the servicemember within 30 days after receipt of that notice.
The period for which professional liability insurance coverage shall be reinstated for a servicemember under this subsection may not be less than the balance of the period for which coverage would have continued under the insurance policy if the coverage had not been suspended.
An insurance carrier may not increase the amount of the premium charged for professional liability insurance coverage of any servicemember for the minimum period of the reinstatement of such coverage required under subsection (c)(3) to an amount greater than the amount chargeable for such coverage for such period before the suspension.
Paragraph (1) does not prevent an increase in premium to the extent of any general increase in the premiums charged by that carrier for the same professional liability coverage for persons similarly covered by such insurance during the period of the suspension.
This section does not—
require a suspension of professional liability insurance protection for any person who is not a person referred to in subsection (a) and who is covered by the same professional liability insurance as a person referred to in such subsection; or
relieve any person of the obligation to pay premiums for the coverage not required to be suspended.
A civil or administrative action for damages on the basis of the alleged professional negligence or other professional liability of a servicemember whose professional liability insurance coverage has been suspended under subsection (b) shall be stayed until the end of the period of the suspension if—
the action was commenced during the period of the suspension;
the action is based on an act or omission that occurred before the date on which the suspension became effective; and
the suspended professional liability insurance would, except for the suspension, on its face cover the alleged professional negligence or other professional liability negligence or other professional liability of the servicemember.
Whenever a civil or administrative action for damages is stayed under paragraph (1) in the case of any servicemember, the action shall have been deemed to have been filed on the date on which the professional liability insurance coverage of the servicemember is reinstated under subsection (c).
In the case of a civil or administrative action for which a stay could have been granted under subsection (f) by reason of the suspension of professional liability insurance coverage of the defendant under this section, the period of the suspension of the coverage shall be excluded from the computation of any statutory period of limitation on the commencement of such action.
If a servicemember whose professional liability insurance coverage is suspended under subsection (b) dies during the period of the suspension—
the requirement for the grant or continuance of a stay in any civil or administrative action against such servicemember under subsection (f)(1) shall terminate on the date of the death of such servicemember; and
the carrier of the professional liability insurance so suspended shall be liable for any claim for damages for professional negligence or other professional liability of the deceased servicemember in the same manner and to the same extent as such carrier would be liable if the servicemember had died while covered by such insurance but before the claim was filed.
For purposes of this section:
The term “active duty” has the meaning given that term in section 101(d)(1) of title 10 .
The term “profession” includes occupation.
The term “professional” includes occupational.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
A servicemember who, by reason of military service as defined in section 4023(a)(1) of this title, is entitled to the rights and protections of this chapter shall also be entitled upon termination or release from such service to reinstatement of any health insurance that—
was in effect on the day before such service commenced; and
was terminated effective on a date during the period of such service.
The reinstatement of health care insurance coverage for the health or physical condition of a servicemember described in subsection (a), or any other person who is covered by the insurance by reason of the coverage of the servicemember, shall not be subject to an exclusion or a waiting period, if—
the condition arose before or during the period of such service;
an exclusion or a waiting period would not have been imposed for the condition during the period of coverage; and
in a case in which the condition relates to the servicemember, the condition has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty (within the meaning of section 105 of title 38).
Subsection (a) does not apply to a servicemember entitled to participate in employer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38.
An application under this section must be filed not later than 120 days after the date of the termination of or release from military service.
The amount of the premium for health insurance coverage that was terminated by a servicemember and required to be reinstated under subsection (a) may not be increased, for the balance of the period for which coverage would have been continued had the coverage not been terminated, to an amount greater than the amount chargeable for such coverage before the termination.
Paragraph (1) does not prevent an increase in premium to the extent of any general increase in the premiums charged by the carrier of the health care insurance for the same health insurance coverage for persons similarly covered by such insurance during the period between the termination and the reinstatement.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
For the purposes of voting for any Federal office (as defined in section 30101 of title 52) or a State or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence—
be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;
be deemed to have acquired a residence or domicile in any other State; or
be deemed to have become a resident in or a resident of any other State.
For the purposes of voting for any Federal office (as defined in section 30101 of title 52) or a State or local office—
a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence—
be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;
be deemed to have acquired a residence or domicile in any other State; or
be deemed to have become a resident in or a resident of any other State; and
the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.
Pub. L. 115–407, title III, § 303(b), Dec. 31, 2018, 132 Stat. 5374, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [ Dec. 31, 2018 ].”
Pub. L. 111–97, § 2(c), Nov. 11, 2009, 123 Stat. 3007, provided that:
“Subsection (b) of section 705 of such Act [Servicemembers Civil Relief Act] (50 U.S.C. App. 595) [now 50 U.S.C. 4025 ], as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act [ Nov. 11, 2009 ], regardless of the date of the military or naval order concerned.”
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
If a servicemember or the spouse of a servicemember has a covered license and relocates residence because such servicemember receives military orders for military service in a State other than the State of the licensing authority that issued the covered license, such covered license shall be considered valid for the scope of practice in the State of the new residence if such servicemember or spouse submits to the licensing authority of such State an application described in subsection (c).
If a licensing authority is required to consider a covered license valid under subsection (a) but cannot carry out such requirement during the 30 days after receiving an application described in subsection (c), the licensing authority may issue to the applicant a temporary license that confers the same rights, privileges, and responsibilities as a permanent license.
An application described in this subsection includes the following:
Proof of military orders described in subsection (a).
If the applicant is the spouse of a servicemember, a copy of the marriage certificate.
A notarized affidavit affirming, under the penalty of law, that—
the applicant is the person described and identified in the application;
all statements made in the application are true and correct and complete;
the applicant has read and understands the requirements to receive a license, and the scope of practice, of the State of the licensing authority;
the applicant certifies that the applicant meets and shall comply with requirements described in subparagraph (C); and
the applicant is in good standing in all States in which the applicant holds or has held a license.
A licensing authority that receives an application described in subsection (b) may conduct a background check of the applicant before carrying out subsection (a) or (b).
If a servicemember or spouse of a servicemember has a covered license to operate in multiple States pursuant to an interstate compact described in section 1784 of title 10—
the servicemember or spouse of a servicemember shall be subject to the requirements of such compact or the applicable provisions of law of the applicable State; and
this section shall not apply to such servicemember or spouse of a servicemember.
In this section:
The term “covered license” means a professional license that, with respect to a scope of practice—
is in good standing with the licensing authority that issued such license;
has not been revoked or had discipline imposed by any State;
does not have an investigation relating to unprofessional conduct pending in any State relating to it; and
has not been voluntarily surrendered while under investigation for unprofessional conduct in any State.
The term “license” means any license, certificate, or other evidence of qualification that an individual is required to obtain before the individual may engage in, or represent himself or herself to be a member of, a particular profession.
The term “licensing authority” means any State board, commission, department, or agency that—
is established in the State for the primary purpose of regulating the entry of persons into or the conduct of persons within, a particular profession; and
is authorized to issue licenses.
The term “military orders” has the meaning given such term in section 3955 of this title.
The term “scope of practice” means the defined parameters of various duties or services that may be provided by an individual under a license.
If the trade or business (without regard to the form in which such trade or business is carried out) of a servicemember has an obligation or liability for which the servicemember is personally liable, the assets of the servicemember not held in connection with the trade or business may not be available for satisfaction of the obligation or liability during the servicemember’s military service.
Upon application to a court by the holder of an obligation or liability covered by this section, relief granted by this section to a servicemember may be modified as justice and equity require.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
For the purposes of establishing the residency of a spouse of a servicemember for any purpose (including the registration of a business), the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.
Pub. L. 117–81, div. A, title X, § 1081(c), Dec. 27, 2021, 135 Stat. 1922, provided that the amendment made by section 1081(c) is effective Dec. 20, 2019.
SUBCHAPTER VIII— CIVIL LIABILITY
The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—
engages in a pattern or practice of violating this chapter; or
engages in a violation of this chapter that raises an issue of significant public importance.
In a civil action commenced under subsection (a), the court may—
grant any appropriate equitable or declaratory relief with respect to the violation of this chapter;
award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and
may, to vindicate the public interest, assess a civil penalty—
in an amount not exceeding $55,000 for a first violation; and
in an amount not exceeding $110,000 for any subsequent violation.
Upon timely application, a person aggrieved by a violation of this chapter with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under section 4042 of this title with respect to that violation, along with costs and a reasonable attorney fee.
Any person aggrieved by a violation of this chapter may in a civil action—
obtain any appropriate equitable or declaratory relief with respect to the violation;
recover all other appropriate relief, including monetary damages; and
be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Pub. L. 116–92, div. A, title V, § 547(b), Dec. 20, 2019, 133 Stat. 1378, provided that:
“The amendments made by subsection (a) [amending this section] shall not be construed to imply that a person aggrieved by a violation of such Act [the Servicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq.)] did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act [ Dec. 20, 2019 ].”
CHAPTER 51— WAR CLAIMS
SUBCHAPTER I— TITLE I OF WAR CLAIMS ACT OF 1948
The Foreign Claims Settlement Commission of the United States (hereinafter referred to as the “Commission”) may, in accordance with the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, appoint and fix the compensation of such officers, attorneys, and employees, and may make such expenditures, as may be necessary to carry out its functions. Officers and employees of any other department or agency of the Government may, with the consent of the head of such department or agency, be assigned to assist the Commission in carrying out its functions. The Commission may, with the consent of the head of any other department or agency of the Government, utilize the facilities and services of such department or agency in carrying out the functions of the Commission.
The Commission may prescribe such rules and regulations as may be necessary to enable it to carry out its functions, and may delegate functions to any member, officer, or employee of the Commission. The Commission shall give public notice of the time when, and the limit of time within which, claims may be filed, which notice shall be published in the Federal Register. The limit of time within which claims may be filed with the Commission shall in no event be later than March 31, 1952 . The Commission shall take immediate action to advise all persons entitled to file claims under the provisions of this subchapter administered by the Commission of their rights under such provisions, and to assist them in the preparation and filing of their claims.
For the purpose of any hearing, examination, or investigation under this subchapter, the Commission and those employees designated by the Commission shall have the power to issue subpenas requiring persons to appear and testify or to appear and produce documents, or both, at any designated place where such hearing, examination, or investigation is being held. The Commission or any employee so designated shall, upon application of a claimant, issue to such claimant subpenas requiring the attendance and testimony of witnesses or the production of documents, or both, required by such claimant in hearings upon his claim: Provided, That the claimant making such application pay the witness fees and mileage of any witness or witnesses subpenaed upon his request. The production of a person’s documents at any place other than his place of business shall not be required, however, in any case in which, prior to the return date specified in the subpena with respect thereto, such person either has furnished the issuer of the subpena with a copy of such documents (certified by such person under oath to be a true and correct copy) or has entered into a stipulation with the issuer of the subpena as to the information contained in such documents.
The Commission may, in case of a failure or refusal on the part of any person to comply with any such subpena, invoke the aid of any United States district court within the jurisdiction of which the hearing, examination, or investigation is being conducted, or such person resides or transacts business. Such court may issue an order requiring such person to appear at the designated place of hearing, examination, or investigation, there to give or produce testimony or documentary evidence concerning the matter in question. Any failure to obey such order of the court shall be punishable by such court as a contempt thereof. All process in any such case may be served in the judicial district wherein such person resides or transacts business or wherever such person may be found.
Witnesses subpenaed under this subsection shall be paid the same fees and mileage that are allowed and paid witnesses in United States district courts.
Any member of the Commission, and any employee of the Commission authorized by the Commission to do so, may administer to, or take from, any person an oath, affirmation, or affidavit when such action is necessary or appropriate in the performance of the functions or activities of the Commission.
Amendment by Pub. L. 96–209 effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as an Effective Date note under section 1622a of Title 22, Foreign Relations and Intercourse.
Act Apr. 5, 1951, ch. 27, 65 Stat. 28, provided that the amendment made by that Act is effective as of Mar. 1, 1951.
Act July 3, 1948, ch. 826, title I, § 1, 62 Stat. 1240, provided that:
“This Act [enacting this chapter] may be cited as the ‘War Claims Act of 1948’.”
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
“Foreign Claims Settlement Commission” substituted in text for “War Claims Commission” pursuant to Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees, which abolished War Claims Commission, including offices of its members, and transferred functions of Commission and members, officers, and employees thereof to Foreign Claims Settlement Commission of the United States.
The Commission shall have jurisdiction to receive and adjudicate according to law claims as hereinafter provided.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
The Secretary of Labor is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any person specified in section 101(a) of the Act entitled “An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes”, approved December 2, 1942 , as amended [ 42 U.S.C. 1701(a) ], or by the legal representative of any such person who may have died, for the amount by which (1) the total sum which would have been payable to such person by his employer (not including any payments for overtime), if such person’s contract of employment had been in effect and he had been paid under it for the entire period during which he was entitled to receive benefits under section 101(b) of such Act [ 42 U.S.C. 1701(b) ], exceeds (2) the entire amount creditable to such person’s account for such period under the provisions of such section plus any amounts paid to such person by such employer for such period or recovered by such person in any legal action against such employer based upon such person’s right against such employer for such period under the contract of employment, including payments in settlement of the liability of the employer arising under or out of such contract. No claim shall be allowed to any person under the provisions of this section unless such person executes a full release to the employer and to the United States in respect to the liability of the employer arising under or out of the contract of employment, except liability for workmen’s compensation benefits under the Act of August 16, 1941 , as amended [ 42 U.S.C. 1651 et seq.] or detention or other benefits paid under the Act of December 2, 1942 , as amended [ 42 U.S.C. 1701 et seq.]. Any claim allowed under the provisions of this section shall be certified by the Secretary of Labor to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title .
The Secretary of State is authorized and directed to cancel any obligation to the United States of any person specified in section 101(a) of such Act of December 2, 1942 [42 U.S.C. 1701(a)], to pay any sum which may have been advanced to or on behalf of any such person by the Department of State for the purpose of paying the costs of food and medical services furnished to such person during his period of internment by the Imperial Japanese Government or for the purpose of paying transportation or other expenses of repatriation.
The Secretary of Labor is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any person specified in section 101(a) of such Act of December 2, 1942 [42 U.S.C. 1701(a)], for the repayment of any sum which may have been paid by such person to the Department of State in settlement of any obligation of the type referred to in paragraph (1) of this subsection. Any claim allowed under the provisions of this paragraph shall be certified by the Secretary of Labor to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
“Secretary of Labor” substituted in subsecs. (a) and (b) for “Federal Security Administrator” and “Administrator” pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred functions of Federal Security Administrator and Federal Security Agency under this section to Secretary of Labor, with power to delegate, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 662. See section 8145 of Title 5, Government Organization and Employees.
War Claims Commission, including offices of its members, abolished and functions and funds transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, 6(c), eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
As used in subsections (b) and (f) of this section, the term “civilian American citizen” means any person who, being then a citizen of the United States, was captured by the Imperial Japanese Government on or after December 7, 1941 , at Midway, Guam, Wake Island, the Philippine Islands, or any Territory or possession of the United States attacked or invaded by such government, or while in transit to or from any such place, or who went into hiding at any such place in order to avoid capture or internment by such government; except (1) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (2) a person who at the time of his capture or entrance into hiding was a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force.
The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to December 6, 1941 , during which he was held by the Imperial Japanese Government as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by such Imperial Japanese Government.
The detention benefit allowed to any person under the provisions of subsection (b) shall be at the rate of $60 for each calendar month during which such person was at least eighteen years of age and at the rate of $25 per month for each calendar month during which such person was less than eighteen years of age.
The detention benefits allowed under subsection (b) shall be allowed to the person entitled thereto, or, in the event of his death, only to the following persons:
Widow or husband if there is no child or children of the deceased;
Widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children in equal shares;
Child or children of the deceased (in equal shares) if there is no widow or husband; and
Parents (in equal shares) if there is no husband, or child.
Any claim allowed by the Commission under this section (except under subsections (g) and (i)) shall be certified to the Secretary of the Treasury for payment out of the war claims funds established by section 4110 of this title , and shall be payable by the Secretary of the Treasury to the person entitled thereto; except that where the person entitled to payment is under any legal disability, any part of the amount payable may, in the discretion of the Commission, be paid, for the use of the claimant, to the natural or legal guardian, committee, conservator, or curator of the claimant, or, if there is no such guardian, committee, conservator, or curator, then the Commission may, in its discretion, make payment to any other person, including the spouse of such claimant, whom the Commission may determine is vested with the care of the claimant or his estate for the use and benefit of such claimant or estate; and if such person is a minor, any part of the amount payable may, in the discretion of the Commission, be paid to such minor.
Except as otherwise provided in this subsection, the provisions of titles I and II of the Act entitled “An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes”, approved December 2, 1942, as amended [42 U.S.C. 1701 et seq., 1711 et seq.], are extended and shall apply with respect to the injury, disability, or death resulting from injury of a civilian American citizen occurring while he was held by or in hiding from the Imperial Japanese Government, to the same extent as if such civilian American citizen were an employee within the purview of such Act of December 2, 1942, as amended.
For the purpose of determining the benefits extended and made applicable by paragraph (1)—
the average weekly wage of any such civilian American citizen, whether employed, self-employed, or not employed, shall be deemed to have been $37.50;
the provisions of such Act [42 U.S.C. 1701 et seq.],1 shall be applicable whether or not any such civilian American citizen was employed;
notice of injury or death shall not be required; and limitation provisions with respect to the filing of claims for injury, disability, or death shall not begin to run until July 3, 1948; and
the monthly compensation in cases involving partial disability shall be determined by the percentage the degree of partial disability bears to total disability and shall not be determined with respect to the extent of loss of wage earning capacity.
The following provisions of such Act of December 2, 1942, as amended [42 U.S.C. 1701 et seq.], shall not apply in the case of such civilian American citizens: The last sentence of section 101(a), section 101(b), section 101(d) [42 U.S.C. 1701(a), (b), (d)], section 104 [42 U.S.C. 1704], and section 105 [42 U.S.C. 1705].
Rights or benefits which, under this subsection, are to be determined with reference to other provisions of law shall be determined with reference to such provisions of law as in force on January 3, 1948.
The money benefit for disability or death shall be paid only to the person entitled thereto, or to his legal or natural guardian if he has one, and shall not upon death of the person so entitled survive for the benefit of his estate or any other person.
The benefit of a minor or of an incompetent person who has no natural or legal guardian may, in the discretion of the Secretary of Labor, be paid, in whole or in such part as he may determine for and on behalf of such minor or incompetent directly to the person or institution caring for, supporting, or having custody of such minor or incompetent.
No person, except a widow or a child, shall be entitled to benefits for disability with respect to himself, and to death benefits on account of the death of another.
If a civilian American citizen or his dependent receives or has received from the United States any payments on account of the same injury or death, or from his employer, in the form of wages, or payments in lieu of wages, or in any form of support or compensation (including workmen’s compensation) in respect to the same objects, the benefits under this section shall be diminished by the amount of such payments in the following manner: (A) Benefits on account of injury or disability shall be reduced by the amount of payments to the injured person on account of the same injury or disability; and (B) benefits on account of death shall be reduced by the amount of payments to the dependents of the deceased civilian American citizen on account of the same death.
This subsection shall take effect as of December 7, 1941, and the right of individuals to benefits shall be held to have begun to accrue as though this subsection had been in effect as of such date.
No benefits provided by this subsection for injury, disability, or death shall accrue to any person who, without regard to this subsection, is entitled to or has received benefits for the same injury, disability, or death under such Act of December 2, 1942, as amended [42 U.S.C. 1701 et seq.].
No benefits provided by this subsection shall accrue to any person to whom benefits have been paid, or are payable, under the Federal Employees’ Compensation Act, or any extension thereof, by reason of disability or death of an employee of the United States suffered after capture, detention, or other restraint by an enemy of the United States, when such disability or death is deemed, in the administration of the Federal Employees’ Compensation Act to have resulted from injury occurring while in the performance of duty, under subsection (b) of section 5 of the Act entitled “An Act to amend the Act entitled ‘An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes’, as amended”, approved July 28, 1945, as amended.
As used in this subsection, the term “civilian American citizens” means any person who, being then a citizen of the United States, was captured in Korea on or after June 25, 1950, by any hostile force with which the Armed Forces of the United States were actually engaged in armed conflict subsequent to such date and prior to August 21, 1954, or who went into hiding in Korea in order to avoid capture or internment by any such hostile force; except (A) a person who at any time voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force, or (B) a regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States.
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to June 25, 1950, during which he was held by any such hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by any such hostile force.
The detention benefit allowed to any person under the provisions of paragraph (2) of this subsection shall be at the rate of $60 for each calendar month during which such person was at least eighteen years of age and at the rate of $25 per month for each calendar month during which such person was less than eighteen years of age.
The detention benefits allowed under paragraph (2) of this subsection shall be allowed to the person entitled thereto, or, in the event of his death, only to the following persons:
widow or husband if there is no child or children of the deceased;
widow or dependent husband and child or children of the deceased, one-half to the widow or dependent husband and the other half to the child or children in equal shares;
child or children of the deceased (in equal shares) if there is no widow or dependent husband.
Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection, and shall be paid by the Secretary of the Treasury to the person entitled thereto, except that where any person entitled to payment under this subsection is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of this section.
Each claim filed under this subsection must be filed not later than one year from whichever of the following dates last occurs:
The Commission shall complete its determinations with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed.
August 21, 1954;
The date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or
The date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civilian American citizen has actually died or may be presumed to be dead, in the case of any civilian American citizen who has not returned to the jurisdiction of the United States.
There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
The Commission shall determine, from time to time, the share of its administrative expenses attributable to the performance of its functions under this subsection and make the appropriate adjustments in its accounts, and determinations and adjustments made pursuant to this subparagraph shall be final and conclusive.
In the case of any Guamanian killed or captured by the Imperial Japanese Government on or after December 7, 1941 , at Wake Island, benefits shall be granted under subsections (a) through (f) of this section in the same manner and to the same extent as apply in the case of civilian American citizens so killed or captured. Claims for benefits under subsections (a) through (e) of this section must be filed within six months after August 31, 1962 , and the time limitation applicable to any individual by subsection (f) shall not begin to run until August 31, 1962 , with respect to any individual who is entitled to such benefits solely by reason of this subsection. The preceding sentence shall not be construed to affect the right of any individual to receive such benefits with respect to any period prior to August 31, 1962 .
As used in this subsection—
the term “Vietnam conflict” relates to the period beginning on February 28, 1961, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress; and
the term “civilian American citizen” means any person who, being then a citizen of the United States, was captured in Southeast Asia during the Vietnam conflict by any force hostile to the United States, or who went into hiding in Southeast Asia, in order to avoid capture or internment by any such hostile force, except (i) a person who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force, or (ii) a regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States.
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to February 27, 1961, during which he was held by any such hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid capture or internment by any such hostile force.
The detention benefits allowed under paragraph (2) of this subsection shall be at the rate of $150 for each calendar month.
The detention benefits allowed under paragraph (2) of this subsection shall be allowed to the civilian American citizen entitled thereto, or, in the event of his death, only to the following persons:
the widow or husband if there is no child or children of the deceased;
the widow or dependent husband and child or children of the deceased, one-half to the widow or dependent husband and the other half to the child or children in equal shares;
the child or children of the deceased in equal shares if there is no widow or dependent husband.
Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection, and shall be paid to the person entitled thereto, except that if a person entitled to payment under this section is under any legal disability, payment shall be made in accordance with the provisions of subsection (e) of this section.
Each claim filed under this section must be filed not later than three years from whichever of the following dates last occurs:
The Commission shall complete its determinations for each claim filed under this subsection at the earliest practicable date, but not later than one year after the date on which such claim was filed.
June 24, 1970;
the date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or
the date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civilian American citizen has actually died or may be presumed to be dead, in the case of any civilian American citizen who has not returned to the jurisdiction of the United States.
There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
“Secretary of Labor” substituted for “Federal Security Administrator” in subsec. (f)(6) pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred functions of Federal Security Administrator and Federal Security Agency under this section to Secretary of Labor, with power to delegate, and was set out in the Appendix to Title 5, Government Organization and Employees, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 662. See section 8145 of Title 5, Government Organization and Employees.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
As used in subsection (b) of this section, the term “prisoner of war” means any regularly appointed, enrolled, enlisted, or inducted member of the military or naval forces of the United States who was held as a prisoner of war for any period of time subsequent to December 7, 1941 , by any government of any nation with which the United States has been at war subsequent to such date.
The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any prisoner of war for compensation for the violation by the enemy government by which he was held as a prisoner of war, or its agents, of its obligation to furnish him the quantity or quality of food to which he was entitled as a prisoner of war under the terms of the Geneva Convention of July 27, 1929 . The compensation allowed to any prisoner of war under the provisions of this subsection shall be at the rate of $1 for each day he was held as a prisoner of war on which the enemy government or its agents failed to furnish him such quantity or quality of food. Any claim allowed under the provisions of this subsection shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title .
Claims pursuant to subsection (b) shall be paid to the person entitled thereto, and shall in case of death of the persons who are entitled be payable only to or for the benefit of the following persons:
Widow or husband if there is no child or children of the deceased;
Widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares;
Child or children of the deceased (in equal shares) if there is no widow or husband; and
Parents (in equal shares) if there is no widow, husband, or child.
As used in this subsection the term “prisoner of war” means any regularly appointed, enrolled, enlisted, or inducted member of the military or naval forces of the United States, who was held a prisoner of war for any period of time subsequent to December 7, 1941, by any government of any nation with which the United States has been at war subsequent to such date.
The Commission is authorized to receive, adjudicate according to law, and to provide for the payment of any claim filed by any prisoner of war for compensation—
for the violations by the enemy government by which he was held as a prisoner of war, or its agents, of such government’s obligations under title III, section III, of the Geneva Convention of July 27, 1929, relating to labor of prisoners of war; or
for inhumane treatment by the enemy government by which he was held, or its agents. The term “inhumane treatment” as used herein shall include, but not be limited to, violation by such enemy government, or its agents, of one or more of the provisions of articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, or 57, of the Geneva Convention of July 27, 1929.
Compensation shall be allowed to any prisoner of war under this subsection at the rate of $1.50 per day for each day he was held as a prisoner of war on which he alleges and proves in a manner acceptable to the Commission—
Any claim allowed under the provisions of this subsection shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title. In no event shall the compensation allowed to any prisoner of war under this subsection exceed the sum of $1.50 with respect to any one day.
the violation by such enemy government or its agents of the provisions of title III, section III, of the Geneva Convention of July 27, 1929; or
any inhumane treatment as defined herein.
Claims pursuant to subsection (d)(2) shall be paid to the person entitled thereto, or to his legal or natural guardian if he has one, and shall, in case of death of the persons who are entitled be payable only to or for the benefit of the following persons:
widow or husband if there is no child or children of the deceased;
widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares;
child or children of the deceased (in equal shares) if there is no widow or husband; and
parents (in equal shares) if there is no widow, husband, or child.
As used in this subsection the term “prisoner of war” means any regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States who was held as a prisoner of war for any period of time subsequent to June 25, 1950, by any hostile force with which the Armed Forces of the United States were actually engaged in armed conflict subsequent to such date and prior to August 21, 1954, or any person (military or civilian) assigned to duty in the U.S.S. Pueblo who was captured by the military forces of North Korea on January 23, 1968, and thereafter held prisoner by the Government of North Korea for any period of time ending on or before December 23, 1968, except any person who, at any time, voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force.
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by any prisoner of war for compensation for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to furnish him the quantity or quality of food prescribed for prisoners of war under the terms of the Geneva Convention of July 27, 1929. The compensation allowed to any prisoner of war under the provisions of this paragraph shall be at the rate of $1 for each day on which he was held as a prisoner of war and on which such hostile force, or its agents, failed to furnish him such quantity or quality of food.
The Commission is authorized to receive and to determine, according to law, the amount and validity and provide for the payment of any claim filed by any prisoner of war for compensation—
Compensation shall be allowed to any prisoner of war under this paragraph at the rate of $1.50 per day for each day on which he was held as a prisoner of war and with respect to which he alleges and proves in a manner acceptable to the Commission the failure to meet the conditions and requirements described in subparagraph (A) or the inhumane treatment described in subparagraph (B). In no event shall the compensation allowed to any prisoner of war under this paragraph exceed the sum of $1.50 with respect to any one day.
for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to meet the conditions and requirements prescribed under title III, section III, of the Geneva Convention of July 27, 1929, relating to labor of prisoners of war; or
for inhumane treatment by the hostile force by which he was held, or its agents. The term “inhumane treatment” as used herein shall include, but not be limited to, failure of such hostile force, or its agents, to meet the conditions and requirements of one or more of the provisions of articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, or 57 of the Geneva Convention of July 27, 1929.
Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection and shall be paid by the Secretary of the Treasury to the person entitled thereto, and shall, in case of death or determination of death of the persons who are entitled, be paid only to or for the benefit of the persons specified, and in the order established, by paragraph (4) of subsection (d) of this section.
Each claim filed under this subsection must be filed not later than one year from whichever of the following dates last occurs:
The Commission shall complete its determinations with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed.
August 21, 1954;
The date the prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or
The date upon which the Department of Defense makes a determination that the prisoner of war has actually died or is presumed to be dead, in the case of any prisoner of war who has not returned to the jurisdiction of the Armed Forces of the United States;
In the case of any person assigned to duty in the U.S.S. Pueblo referred to in paragraph (1) of this subsection, one year after June 24, 1970.
Any claim allowed under the provisions of this subsection shall be paid from funds appropriated pursuant to paragraph (7) of this subsection.
There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
The Commission shall determine, from time to time, the share of its administrative expenses attributable to the performance of its functions under this subsection and make the appropriate adjustments in its accounts, and determinations and adjustments made pursuant to this subparagraph shall be final and conclusive.
As used in this subsection—
the term “Vietnam conflict” relates to the period beginning February 28, 1961, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress; and
the term “prisoner of war” means any regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States who was held as a prisoner of war for any period of time during the Vietnam conflict by any force hostile to the United States, except any such member who, at any time, voluntarily, knowingly, and without duress, gave aid to or collaborated with, or in any manner served, such hostile force.
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by any prisoner of war for compensation for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to furnish him the quantity or quality of food prescribed for prisoners of war under the terms of the Geneva Convention of August 12, 1949. The compensation allowed to any prisoner of war under the provisions of this paragraph shall be at the rate of $2 for each day on which he was held as a prisoner of war and on which such hostile force, or its agents, failed to furnish him such quantity or quality of food.
The Commission is authorized to receive and to determine, according to law, the amount and validity and provide for the payment of any claim filed by any prisoner of war for compensation—
Compensation shall be allowed to any prisoner of war under this paragraph at the rate of $3 per day for each day on which he was held as a prisoner of war and with respect to which he alleges and proves in a manner acceptable to the Commission the failure to meet the conditions and requirements described in subparagraph (A) of this paragraph or the inhumane treatment described in subparagraph (B) of this paragraph. In no event shall the compensation allowed to any prisoner of war under this paragraph exceed the sum of $3 with respect to any one day.
for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to meet the conditions and requirements prescribed under chapter VIII, section III, of the Geneva Convention of August 12, 1949, relating to labor of prisoners of war; or
for inhumane treatment by the hostile force by which he was held, or its agents. The term “inhumane treatment” as used in this subparagraph shall include, but not be limited to, failure of such hostile force, or its agents, to meet the conditions and requirements of one or more of the provisions of articles 3, 12, 13, 14, 17, 19, 22, 23, 24, 25, 27, 29, 43, 44, 45, 46, 47, 48, 84, 85, 86, 87, 88, 89, 90, 97, or 98 of the Geneva Convention of August 12, 1949.
Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection and shall be paid by the Secretary of the Treasury to the person entitled thereto, and shall, in the case of death or determination of death of the persons who are entitled, be paid only to or for the benefit of the persons specified, and in the order established, by subsection (d)(4) of this section.
Each claim filed under this subsection must be filed not later than three years from whichever of the following dates last occurs:
The Commission shall complete its determinations with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed.
June 24, 1970;
the date the prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or
the date upon which the Department of Defense makes a determination that the prisoner of war has actually died or is presumed to be dead, in the case of any prisoner of war who has not returned to the jurisdiction of the Armed Forces of the United States.
Any claim allowed under the provisions of this subsection shall be paid from funds appropriated pursuant to paragraph (7) of this subsection.
There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
Where any person entitled to payment under this section is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of section 4104 of this title .
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
Pub. L. 104–201, div. A, title VI, § 656, Sept. 23, 1996, 110 Stat. 2584, provided that:
“(a) Authority To Make Payments .— The Secretary of the military department concerned shall make payments in the manner provided in section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) [now 50 U.S.C. 4105 ] to (or on behalf of) any person described in subsection (b) who submits an application for such payment in accordance with subsection (d). “(b) Eligible Persons .— This section applies with respect to a member or former member of the Armed Forces who— “(1) has received the prisoner of war medal under section 1128 of title 10 , United States Code; and “(2) has not previously received a payment under section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) [now 50 U.S.C. 4105 ] with respect to the period of internment for which the person received the prisoner of war medal. “(c) Amount of Payment .— The amount of the payment to any person under this section shall be determined based upon the provisions of section 6 of the War Claims Act of 1948 [ 50 U.S.C. 4105 ] that are applicable with respect to the period of time during which the internment occurred for which the person received the prisoner of war medal. “(d) One-Year Period for Submission of Applications .— A payment may be made by reason of this section only in the case of a person who submits an application to the Secretary concerned for such payment during the one-year period beginning on the date of the enactment of this Act [ Sept. 23, 1996 ]. Any such application shall be submitted in such form and manner as the Secretary may require.”
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any religious organization functioning in the Philippine Islands and affiliated with a religious organization in the United States, or by the personnel of any such Philippine organization, for reimbursement of expenditures incurred, or for payment of the fair value of supplies used, by such organization or such personnel for the purpose of furnishing shelter, food, clothing, hospitalization, medicines and medical services, and other relief in the Philippines to members of the armed forces of the United States or to civilian American citizens (as defined in section 4104 of this title ) at any time subsequent to December 6, 1941 , and before August 15, 1945 . Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title .
Any such religious organization or its personnel functioning in the Philippines and affiliated with a religious organization in the United States, which furnished relief in the Philippines to members of the Armed Forces of the United States or to civilian American citizens in accordance with the provisions of subsection (a) shall be compensated from the War Claims Fund, as hereinafter provided, for the loss and damage sustained as a consequence of the war to its schools, colleges, universities, scientific observatories, hospitals, dispensaries, orphanages, and other property or facilities connected with its educational, medical, or welfare work.
Any such affiliated organization furnishing relief which possessed any interest in, and whose personnel of American citizens substantially composed the administrative staff of, any hospital whose prewar facilities and capacity have not been restored shall be compensated in an amount sufficient to enable such organization to replace the hospital’s facilities and capacity equal to that which existed at the time of the outbreak of the war, irrespective of what disposition was made subsequently of the land, buildings, and contents.
Claims filed pursuant to subsection (b) shall be determined and paid upon the basis of postwar cost of replacement which shall be ascertained by the War Claims Commission. In making such determinations the Commission shall utilize but not be limited to the factual information and evidence contained in the records of the Philippine War Damage Commission; the technical advice of experts in the field; the substantiating evidence submitted by the claimants; and any other technical and legal means by which fair and equitable postwar replacement costs shall be determined.
The Commission is authorized and directed to proceed at once with the necessary investigation, study, and establishment of procedures in order to determine the replacement costs of the claims to be filed under subsections (b) and (c), using as a basis for beginning such investigation and study the evidence contained in the claims of those religious organizations or their personnel which have already filed and are eligible to be paid under the terms of subsection (a) of this section.
All claims under subsections (b) and (c) must be filed on or before October 1, 1952 ; and not later than March 31, 1953 , the Commission shall adjudicate according to law and provide for the payment of any claim filed pursuant to this section. In any case in which any money is payable as a result of subsections (b) and (c) to a religious organization or its personnel functioning in the Philippines, such money shall be paid upon request of such organization to its affiliate in the United States: Provided , That all money thus paid to such affiliated religious organization in the United States shall be used by such affiliate for the purpose of restoring the educational, medical, and welfare facilities described in subsections (b) and (c) and located in the Philippines.
Any religious organization functioning in the Philippines and of the same denomination as a religious organization functioning in the United States which furnished relief (as described, and during the period designated, in subsection (a) of this section) in the Philippines to members of the Armed Forces of the United States or to civilian American citizens shall be compensated from the War Claims Fund (A) for expenditures incurred, or for payment of the fair value of supplies used by such organization, for the purpose of furnishing such relief and (B) for loss and damage sustained as a consequence of the war to its schools, colleges, universities, scientific observatories, hospitals, dispensaries, orphanages, and other property or facilities connected with its educational, medical, or welfare work. No payments shall be made to any organization under this subsection if such organization has received an award under subsection (a) or (b) of this section, and no payments shall be made to any organization pursuant to clause (B) of this paragraph unless such organization has received an award for war damages from the Philippine War Damage Commission under the provisions of the Philippine Rehabilitation Act of 1946, as amended.1
The Commission is authorized to receive, determine according to law, and provide for the payment of claims filed under this subsection. Each claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund. All payments under this subsection shall be made to an organization or individual in the United States designated by the claimant, and, in the case of claims under clause (B) of paragraph (1) of this subsection such payments shall be used for the purpose of restoring the educational, medical, and welfare facilities described in such clause.
Claims for benefits under this subsection must be filed within six months after August 6, 1956. The Commission shall complete its determination with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed.
Claims filed pursuant to clause (B) of paragraph (1) of this subsection shall be determined and paid upon the basis of postwar cost of replacement for the twelve-month period ending October 1, 1952, as ascertained by the Commission.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
The Philippine War Damage Commission established by section 101 of act Apr. 30, 1946, ch. 243, title I, 60 Stat. 128, formerly classified to section 1751 of the former Appendix to this title, terminated under the provisions of subsec. (d) of such section, which provided for the winding up of the Commission’s affairs not later than two years after expiration of time for filing claims under act Apr. 30, 1946, ch. 243, if possible but in no event later than Apr. 30, 1951.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
Not later than six months after its organization, and every six months 1 1 See Modification of Reporting Requirements note below. thereafter, the Commission shall make a report to the Congress concerning its operations under this subchapter.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
Pub. L. 89–348, § 2(6), Nov. 8, 1965, 79 Stat. 1312, modified the reporting requirements of this section as follows:
“Beginning January 1, 1967 , from semiannual to annual submission to the Congress by the Foreign Claims Settlement Commission of the United States of a report concerning its operations under the War Claims Act of 1948 ( 62 Stat. 1246 ; 50 U.S.C. App. 2008 [now 50 U.S.C. 4107 ]).”
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
No remuneration on account of services rendered or to be rendered to or on behalf of any claimant in connection with any claim filed with the administering agency under this subchapter shall exceed 10 per centum (or such lesser per centum as may be fixed by the administering agency with respect to any class of claims) of the amount allowed by the administering agency on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, pays or offers to pay, or promises, to pay, or receives, on account of services rendered or to be rendered in connection with any such claim, any remuneration in excess of the maximum permitted by this section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both, and, if any such payment shall have been made or granted, the administering agency shall take such action as may be necessary to recover the same, and, in addition thereto any such claimant shall forfeit all rights under this subchapter.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
The Commission shall notify all claimants of the approval or denial of their claims, and, if approved, shall notify such claimants of the amount for which such claims are approved. Any claimant whose claim is denied, or is approved for less than the full allowable amount of such claim, shall be entitled, under such regulations as the Commission may prescribe, to a hearing before the Commission or its representatives with respect to such claim. Upon such hearing, the Commission may affirm, modify, or revise its former action with respect to such claim, including a denial or reduction in the amount theretofore allowed with respect to such claim. The action of the Commission in allowing or denying any claim under this subchapter shall be final and conclusive on all questions of law and fact and not subject to review by any other official of the United States or by any court by mandamus or otherwise, and the Comptroller General is authorized and directed to allow credit in the accounts of any certifying or disbursing officer for payments in accordance with such action.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by 68 Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
There is hereby created on the books of the Treasury of the United States a trust fund to be known as the War Claims Fund. The War Claims Fund shall consist of all sums covered into the Treasury pursuant to the provisions of section 4336 of this title . The moneys in such fund shall be available for expenditure only as provided in this chapter or as may be provided hereafter by the Congress.
Before August 1, 1956 , the Secretary of Labor shall estimate and report to the President the total amount which will be required to pay all benefits payable by reason of section 4104(f) of this title . If the President approves the amount so estimated as reasonably accurate, the total amount so estimated and approved shall be certified to the Secretary of the Treasury; if the President does not so approve he shall determine such amount, and the amount so determined shall be certified to the Secretary of the Treasury. Such certification shall be made on or before September 1, 1956 . The Secretary of the Treasury shall then transfer from the War Claims Fund to the general fund of the Treasury a sum equal to the total amount certified to him under this subsection.
Before August 1, 1956 , the Secretary of Labor shall estimate and report to the President the total amount which will be required to pay all additional benefits payable as a result of the enactment of section 4103(c) of this title . If the President approves the amount so estimated as reasonably accurate, the total amount so estimated and approved shall be certified to the Secretary of the Treasury; if the President does not so approve, he shall determine such amount, and the amount so determined shall be certified to the Secretary of the Treasury. Such certification shall be made on or before September 1, 1956 . The Secretary of the Treasury shall then transfer from the War Claims Fund to the general fund of the Treasury a sum equal to the total amount certified to him under this subsection.
On or before August 1, 1956 , the Secretary of State is authorized and directed to certify to the Secretary of the Treasury the total amount of all obligations canceled pursuant to the provisions of section 4103(b)(1) of this title . The Secretary of the Treasury shall transfer from the war claims fund to the general fund of the Treasury an amount equal to the total amount so certified.
There are hereby authorized to be appropriated, out of any money in the war claims fund, such sums as may be necessary to enable the Commission to carry out its functions under this subchapter.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
“Secretary of Labor” substituted for “Federal Security Administrator” in subsecs. (b) and (c) pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred functions of Federal Security Administrator and Federal Security Agency under this section to Secretary of Labor with power to delegate and was set out in the Appendix to Title 5, Government Organization and Employees, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 662. See section 8145 of Title 5, Government Organization and Employees.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
In any case in which any money is payable as a result of the enactment of this subchapter to any person who is prevented from accepting such money by the rules, regulations, or customs of the church or the religious order or organization of which he is a member, such money shall be paid, upon the request of such person, to such church or to such religious order or organization.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes thereunder.
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim for compensation filed by or on behalf of any individual who, being then an American citizen, served in the military or naval forces of any government allied with the United States during World War II who was held as a prisoner of war for any period of time subsequent to December 7, 1941 , by any government of any nation with which such allied government has been at war subsequent to such date. Compensation shall be payable under this section in accordance with the standards established by, and at the rates prescribed in, subsection (b) of section 4105 of this title , and paragraphs (2) and (3) of subsection (d) of such section 4105.
The amount payable under this section shall be reduced by such sum as the individual entitled to compensation under this section has received or is entitled to receive from any government by reason of the same detention.
In the event of death of the individual entitled to compensation under this section, payment may be made to the persons specified in paragraph (4) of subsection (d) of section 4105 of this title .
Claims for benefits under this section must be filed within one year after August 31, 1954 .
Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title .
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
As used in this section, the term “merchant seaman” means any individual who was employed as a seaman or crew member on any vessel registered under the laws of the United States, or under the laws of any government friendly to the United States during World War II, and who was a citizen of the United States on and after December 7, 1941 , to the date of his death or the date of filing claim under this section; except any such individual who is entitled to, or who has received, benefits under section 4104 of this title as a “civilian American citizen”.
The Commission is authorized to receive and determine, according to law, the amount and validity, and provide for the payment of any claim for detention benefits filed by or on behalf of any merchant seaman who, being then a merchant seaman, was captured or interned or held by the Government of Germany or the Imperial Japanese Government, its agents or instrumentalities in World War II for any period of time subsequent to December 7, 1941 , during which he was held by either such government as a prisoner, internee, hostage, or in any other capacity. Detention benefits shall be paid under this section at the rates prescribed and in the manner provided in subsections (c) and (d) of section 4104 of this title .
Payment of any claim filed under this section shall not be made to any merchant seaman, or to any survivor or survivors thereof, who, voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any government hostile to the United States during World War II.
Claims for benefits under this section must be filed within one year after August 31, 1954 .
Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title .
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by—
for losses arising as a result of the sequestration of accounts, deposits, or other credits of such individual or legal entity in the Philippines by the Imperial Japanese Government.
any individual who—
on or after December 7, 1941, was a member of the military or naval forces of the United States;
is the survivor of any deceased individual described in subparagraph (i);
was a national of the United States on December 7, 1941, and is a national of the United States on August 31, 1954; or
is the survivor of any deceased individual who was a national of the United States on December 7, 1941, and would be a national of the United States on August 31, 1954, if living; or
any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on December 7, 1941, and on August 31, 1954, in individuals referred to in subparagraph (A) of this paragraph;
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by any bank or other financial institution doing business in the Philippines which reestablished sequestered accounts, deposits, or other credits of—
for reimbursement of the amounts of such sequestered credits paid by such bank or financial institution.
any individual referred to in subparagraph (A) of paragraph (1) of this subsection; or
any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on December 7, 1941, and on the date of reestablishment of such sequestered credits, in individuals referred to in such subparagraph (A);
Claims must be filed under this section within one year after August 31, 1954 .
Where any individual entitled to payment under this section is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of section 4104 of this title . In the case of the death of any individual entitled to payment of any claim under this section, payment of such claim shall be made to the individuals specified, and in the order provided, in subsection (d) of section 4105 of this title ; except that no payment shall be made under this section to any individual who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any government hostile to the United States during World War II.
Each claim allowed under this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established under section 4110 of this title. The Secretary of the Treasury shall pay such claims as follows:
In the case of each claim allowed in an amount equal to or less than $500, such claim shall be paid in full; and
In the case of each claim allowed in an amount greater than $500, such claim shall be paid in two installments. The first installment shall be paid in an amount equal to $500 plus 66⅔ per centum of the amount of such claim allowed in excess of $500. The last installment shall be computed as of September 1, 1956, under the next sentence of this paragraph, and, as so computed, shall be paid from the sums remaining in the War Claims Fund on that date. If the sums remaining in the War Claims Fund on September 1, 1956, are sufficient to satisfy all claims allowed under this section and not paid in full, the unpaid portion of each such claim shall be paid in full; if the sums remaining in the War Claims Fund on September 1, 1956, are not sufficient to satisfy all claims allowed under this section and not paid in full, the last installment payable on each such claim shall be reduced ratably, and, as so reduced, shall be paid from the War Claims Fund.
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
SUBCHAPTER II— TITLE II OF WAR CLAIMS ACT OF 1948
As used in this subchapter the term or terms—
“Albania”, “Austria”, “Czechoslovakia”, “the Free Territory of Danzig”, “Estonia”, “Germany”, “Greece”, “Latvia”, “Lithuania”, “Poland”, and “Yugoslavia”, when used in their respective geographical senses, mean the territorial limits of each such country or free territory, as the case may be, in continental Europe as such limits existed on December 1, 1937.
“Commission” means the Foreign Claims Settlement Commission of the United States established pursuant to Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279).
“National of the United States” means (1) a natural person who is a citizen of the United States, (2) a natural person who, though not a citizen of the United States, owes permanent allegiance to the United States, and (3) a corporation, partnership, unincorporated body, or other entity, organized under the laws of the United States, or of any State, the Commonwealth of Puerto Rico, the District of Columbia, or any possession of the United States and in which more than 50 per centum of the outstanding capital stock or other proprietary or similar interest is owned, directly or indirectly, by persons referred to in clauses (1) and (2) of this subsection. It does not include aliens.
“Property” means real property and such items of tangible personalty as can be identified and evaluated.
Pub. L. 87–846, title III, § 301, Oct. 22, 1962, 76 Stat. 1117, provided that:
“If any provision of this Act [see Tables for classification], or the application thereof to any person or circumstances, shall be held invalid, the remainder of this Act, or the application of such provisions to other persons or circumstances, shall not be affected.”
For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
The Commission is directed to receive and to determine according to the provisions of this subchapter the validity and amount of claims of nationals of the United States for—
loss or destruction of, or physical damage to, property located in Albania, Austria, Czechoslovakia, the Free Territory of Danzig, Estonia, Germany, Greece, Latvia, Lithuania, Poland, or Yugoslavia, or in territory which was part of Hungary or Rumania on December 1, 1937, but which was not included in such countries on September 15, 1947, which loss, destruction, or physical damage occurred during the period beginning September 1, 1939, and ending May 8, 1945, or which occurred in the period beginning July 1, 1937, and ending September 2, 1945, to property in territory occupied or attacked by the Imperial Japanese military forces (including territory to which Japan has renounced all right, title, and claim under article 2 of the Treaty of Peace Between the Allied Powers and Japan) except the island of Guam: Provided, That claims for loss, destruction, or damage occurring in the Commonwealth of the Philippines shall not be allowed except on behalf of nationals of the United States who have received no payment, and certify under oath or affirmation that they have received no payment, on account of the same loss, destruction, or damage under the Philippine Rehabilitation Act of 1946,1 whether or not claim was filed thereunder: Provided further, That such loss, destruction, or damage must have occurred, as a direct consequence of (1) military operations of war or (2) special measures directed against property in such countries or territories during the respective periods specified, because of the enemy or alleged enemy character of the owner, which property was owned, directly or indirectly, by a national of the United States at the time of such loss, damage or destruction;
damage to, or loss or destruction of, ships or ship cargoes directly or indirectly owned by a national of the United States at the time such damage, loss, or destruction occurred, which was a direct consequence of military action by Germany or Japan during the period beginning September 1, 1939, and ending September 2, 1945; no award shall be made under this subsection in favor of any insurer or reinsurer as assignee or otherwise as successor in interest to the right of the insured;
net losses under war-risk insurance or reinsurance policies or contracts, incurred in the settlement of claims for insured losses of ships directly or indirectly owned by a national of the United States at the time of the loss, damage, or destruction of such ships and at the time of the settlement of such claims, which insured losses were a direct consequence of military action by Germany or Japan during the period beginning September 1, 1939, and ending September 2, 1945; such net losses shall be determined by deducting from the aggregate of all payments made in the settlement of such insured losses the aggregate of the net amounts received by any such insurance companies on all policies of contracts of war-risk insurance or reinsurance on ships under which the insured was a national of the United States, after deducting expenses; and
loss or damage on account of—
the death of any person who, being then a civilian national of the United States and a passenger on any vessel engaged in commerce on the high seas, died or was killed as a result of military action by Germany or Japan which occurred during the period beginning September 1, 1939, and ending December 11, 1941; awards under this paragraph shall be made only to or for the benefit of the following persons in the order of priority named:
widow or husband if there is no child or children of the deceased;
widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares;
child or children of the deceased (in equal shares) if there is no widow or husband; and
parents of the deceased (in equal shares) if there is no widow, husband, or child;
injury or permanent disability sustained by any person, who being then a civilian national of the United States and a passenger on any vessel engaged in commerce on the high seas, was injured or permanently disabled as a result of military action by Germany or Japan which occurred during the period beginning September 1, 1939, and ending December 11, 1941; awards under this paragraph shall be payable solely to the person so injured or disabled;
the loss or destruction, as a result of such action, of property on such vessel, as determined by the Commission to be reasonable, useful, necessary, or proper under the circumstances, which property was owned by any civilian national of the United States who was then a passenger on such vessel; and in the case of the death of any person suffering such loss, awards under this paragraph shall be made only to or for the benefit of the persons designated in paragraph (1) of this subsection and in the order of priority named therein.
The transfer or assignment for value of any property forming the subject matter of a claim under subsection (a) or (b) of section 4132 of this title subsequent to its damage, loss, or destruction shall not operate to extinguish any claim of the transferor otherwise compensable under either of such subsections. If a claim which could otherwise be allowed under subsection (a) or (b) of section 4132 of this title has been assigned for value prior to October 22, 1962 , the assignee shall be the party entitled to claim thereunder.
No claim shall be allowed under subsection (a), (b), or (c) of section 4132 of this title unless the property upon which it is based was owned by a national or nationals of the United States on the date of loss, damage, or destruction and unless the claim was owned by a national or nationals of the United States continuously thereafter until the date of filing with the Commission pursuant to this subchapter. Where any person who lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country reacquired such citizenship before October 22, 1962 , then if such individual, but for such marriage would have been a national of the United States at all times on and after the date of such loss, damage, or destruction until the filing of the claim, such individual shall be treated for all purposes of this subchapter as having been a national of the United States at all such times.
A claim under section 4132 of this title based upon an ownership interest in any corporation, association, or other entity which is a national of the United States shall be denied.
A claim under section 4132 of this title , based upon a direct ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, shall be allowed, subject to other provisions of this subchapter, if such corporation, association, or other entity on the date of the loss was not a national of the United States, without regard to the per centum of ownership vested in the claimant in any such claim.
A claim under section 4132 of this title , based upon an indirect ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, shall be allowed, subject to other provisions of this subchapter, only if at least 25 per centum of the entire ownership interest thereof at the time of such loss was vested in nationals of the United States.
Any award on a claim under subsection (b) or (c) of this section shall be calculated on the basis of the total loss suffered by such corporation, association, or other entity, and shall bear the same proportion to such loss as the ownership interest of the claimant bears to the entire ownership interest thereof.
In determining the amount of any award there shall be deducted all amounts the claimant has received on account of the same loss or losses with respect to which an award is made under this subchapter.
Each claim in excess of $10,000 filed under this subchapter by a corporation shall include a statement under oath disclosing the aggregate amount of Federal tax benefits derived by such corporation in any prior taxable year or years resulting from any deduction or deductions claimed for the loss or losses with respect to which such claim is filed. In determining the amount of any award where the allowable loss exceeds $10,000 there shall be deducted an amount equal to the aggregate amount of Federal tax benefits so derived by the claimant. For the purposes of this subsection, such Federal tax benefits shall be the aggregate of the amounts by which the claimant’s taxes for such year or years under chapters 1, 2A, 2B, 2D, and 2E of the Internal Revenue Code of 1939, or subtitle A of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] were decreased with respect to such loss or losses. Any payments made on an award reduced by reason of this subsection shall be exempt from Federal income taxes.
With respect to any claim which, at the time of the award, is vested in persons other than the person by whom the loss was sustained, the Commission may issue a consolidated award in favor of all claimants then entitled thereto, which award shall indicate the respective interests of such claimant therein; and all such claimants shall participate, in proportion to their indicated interests, in the payments authorized by this subchapter in all respects as if the award had been in favor of a single person.
No award shall be made under this subchapter to or for the benefit of (1) any person who has been convicted of a violation of any provision of chapter 115, title 18, or of any other crime involving disloyalty to the United States, or (2) any claimant whose claim under this subchapter is within the scope of title III of the International Claims Settlement Act of 1949, as amended ( 69 Stat. 570 ) [ 22 U.S.C. 1641 et seq.], except any claimant whose award under section 303(1) of title III of the International Claims Settlement Act of 1949, as amended [ 22 U.S.C. 1641b(1) ], is recertified pursuant to subsection (b) of section 4139 of this title .
The Commission shall certify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund each award made pursuant to section 4132 of this title.
The Commission shall recertify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund, awards heretofore made with respect to claims against the Government of Hungary under section 1641b(1) of title 22. Nothing contained in this subsection shall be construed as authorizing the filing of new claims against Hungary.
Within sixty days after the enactment of this subchapter or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter, whichever date is later, the Commission shall give public notice by publication in the Federal Register of the time when, and the limit of time within which claims may be filed, which limit shall not be more than eighteen months after such publication.
Notwithstanding the provisions of this section and section 4141 of this title, receipt and consideration of filed and published protests relating to awards made by the Foreign Claims Settlement Commission which result in modification of such awards shall be certified and paid by the Secretary of the Treasury out of the War Claims Fund in accordance with section 4143 of this title. See section 615 of act Mar. 10, 1950, ch. 54, as added by Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512, set out as a note under section 1623 of Title 22, Foreign Relations and Intercourse.
The Commission shall complete its affairs in connection with the settlement of claims pursuant to this subchapter not later than four years following the enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter.
Notwithstanding the provisions of this section and section 4140 of this title, receipt and consideration of filed and published protests relating to awards made by the Foreign Claims Settlement Commission which result in modification of such awards shall be certified and paid by the Secretary of the Treasury out of the War Claims Fund in accordance with section 4143 of this title. See section 615 of act Mar. 10, 1950, ch. 54, as added by Pub. L. 94–542, Oct. 18, 1976; 90 Stat. 2512, set out as a note under section 1623 of Title 22, Foreign Relations and Intercourse.
Each award or denial of a claim by the Commission, whether rendered before or after a hearing, shall include a specific statement of the facts and of the reasoning of the Commission in support of its conclusion.
The Secretary of the Treasury shall pay out of the War Claims Fund on account of awards certified by the Commission pursuant to this subchapter as follows and in the following order of priority:
Payment in full of awards made pursuant to section 4132(d)(1) and (2) of this title, and thereafter of any award made pursuant to section 4132(a) of this title to any claimant (A) certified to the Commission by the Small Business Administration as having been, on the date of loss, damage, or destruction, a small business concern within the meaning now set forth in the Small Business Act, as amended [15 U.S.C. 631 et seq.], or (B) determined by the Commission to have been, on the date of loss, damage, or destruction, a nonprofit organization operated exclusively for the promotion of social welfare, religious, charitable, or educational purposes.
Thereafter, payments from time to time on account of the other awards made pursuant to section 4132 of this title in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment made pursuant to this paragraph on account of any award shall not exceed $10,000.
Thereafter, payments from time to time on account of the other awards made to individuals and corporations pursuant to section 4132 of this title and not compensated in full under paragraph (1) or (2) of this subsection in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment pursuant to this paragraph on account of any award shall not exceed $35,000.
Thereafter, payments from time to time on account of the unpaid balance of each remaining award made pursuant to section 4132 of this title or recertified pursuant to subsection (b) of section 4139 of this title which shall bear to such unpaid balance the same proportion as the total amount in the War Claims Fund and available for distribution at the time such payments are made bears to the aggregate unpaid balances of all such awards. No payment made pursuant to this paragraph on account of any award shall exceed the unpaid balance of such award. Payments heretofore made under section 1641i of title 22, on awards made against the Government of Hungary under section 1641b(1) of title 22, and recertified under subsection (b) of section 4139 of this title, shall be considered as payments under this paragraph and no payment shall be made on any recertified award until the percentage of distribution on awards made under section 4132 of this title exceeds the corresponding percentage of distribution on such recertified award: Provided, That no payment made on awards recertified under subsection (b) of section 4139 of this title shall exceed 40 per centum of the amount of the award recertified.
Such payments, and applications for such payments, shall be made in accordance with such regulations as the Secretary of the Treasury shall prescribe.
For the purpose of making any such payments, other than under subsection (a)(1), an “award” shall be deemed to mean the aggregate of all awards certified for payment in favor of the same claimant.
If any person to whom any payment is to be made pursuant to this subchapter is deceased or is under a legal disability, payment shall be made to his legal representative, except that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates.
Payment on account of any award pursuant to this subchapter shall not, unless such payment is for the full amount of the award, extinguish any rights against any foreign government for the unpaid balance of the award.
Payments made under this section on account of any award for loss, damage, or destruction occurring in the Commonwealth of the Philippines shall not exceed the amount paid on account of awards in the same amount under the Philippine Rehabilitation Act of 1946. 1 1 See References in Text note below.
Notwithstanding the provisions of sections 4140 and 4141 of this title receipt and consideration of filed and published protests relating to awards made by the Foreign Claims Settlement Commission which result in modification of such awards shall be certified and paid by the Secretary of the Treasury out of the War Claims Fund in accordance with this section. See section 615 of Act Mar. 10, 1950, ch. 54, as added by Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512, set out as a note under section 1623 of Title 22, Foreign Relations and Intercourse.
Pub. L. 91–571, § 1(b), Dec. 24, 1970, 84 Stat. 1503, provided that:
“The Foreign Claims Settlement Commission is authorized to recertify to the Secretary of the Treasury each award which has been certified before the date of enactment of this Act [ Dec. 24, 1970 ] pursuant to title II of the War Claims Act of 1948, as added by the Act of October 22, 1962 ( 76 Stat. 1107 ) [ 50 U.S.C. 4131 et seq.], but which as of the date of enactment of this Act has not been paid in full, in such manner as it may determine to be required to give effect to the amendments made by this Act [amending this section] to the same extent and with the same effect as if such amendments had taken effect on October 22, 1962 .”
No remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this subchapter shall exceed 10 per centum (or such lesser per centum as may be fixed by the Commission with respect to any class of claims) of the total amount paid pursuant to any award certified under the provisions of this subchapter on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both.
To the extent they are not inconsistent with the provisions of this subchapter, the following provisions of subchapter I and title I of the International Claims Settlement Act of 1949, as amended [ 22 U.S.C. 1621 et seq.], shall apply to this subchapter: The first sentence of subsection (b) of section 4101 of this title , all of subsection (c) of section 4101 of this title and section 4109 of this title , and subsections (c), (d), (e), and (f) of section 7 of the International Claims Settlement Act of 1949, as amended [ 22 U.S.C. 1626 ].
The Secretary of State is authorized and directed to transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this subchapter as may be required by the Commission in carrying out its functions under this subchapter.
There are authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated such sums as may be necessary (but not to exceed the total covered into the Treasury to the credit of miscellaneous receipts under section 4336(d) 1 1 See References in Text note below. of this title) to enable the Commission and the Treasury Department to pay their administrative expenses in carrying out their respective functions under this subchapter.
CHAPTER 52— RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND ALEUTS
The purposes of this chapter are to—
acknowledge the fundamental injustice of the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry during World War II;
apologize on behalf of the people of the United States for the evacuation, relocation, and internment of such citizens and permanent resident aliens;
provide for a public education fund to finance efforts to inform the public about the internment of such individuals so as to prevent the recurrence of any similar event;
make restitution to those individuals of Japanese ancestry who were interned;
make restitution to Aleut residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island, in settlement of United States obligations in equity and at law, for—
injustices suffered and unreasonable hardships endured while those Aleut residents were under United States control during World War II;
personal property taken or destroyed by United States forces during World War II;
community property, including community church property, taken or destroyed by United States forces during World War II; and
traditional village lands on Attu Island not rehabilitated after World War II for Aleut occupation or other productive use;
discourage the occurrence of similar injustices and violations of civil liberties in the future; and
make more credible and sincere any declaration of concern by the United States over violations of human rights committed by other nations.
The Congress recognizes that, as described by the Commission on Wartime Relocation and Internment of Civilians, a grave injustice was done to both citizens and permanent resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. As the Commission documents, these actions were carried out without adequate security reasons and without any acts of espionage or sabotage documented by the Commission, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the Congress apologizes on behalf of the Nation.
The Congress recognizes that, as described by the Commission on Wartime Relocation and Internment of Civilians, the Aleut civilian residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island were relocated during World War II to temporary camps in isolated regions of southeast Alaska where they remained, under United States control and in the care of the United States, until long after any potential danger to their home villages had passed. The United States failed to provide reasonable care for the Aleuts, and this resulted in widespread illness, disease, and death among the residents of the camps; and the United States further failed to protect Aleut personal and community property while such property was in its possession or under its control. The United States has not compensated the Aleuts adequately for the conversion or destruction of personal property, and the conversion or destruction of community property caused by the United States military occupation of Aleut villages during World War II. There is no remedy for injustices suffered by the Aleuts during World War II except an Act of Congress providing appropriate compensation for those losses which are attributable to the conduct of United States forces and other officials and employees of the United States.
SUBCHAPTER I— UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT JAPANESE ALIENS
This subchapter may be cited as the “Civil Liberties Act of 1988”.
Pub. L. 102–371, § 1, Sept. 27, 1992, 106 Stat. 1167, provided that:
“This Act [see Tables for classification] may be cited as the ‘Civil Liberties Act Amendments of 1992’.”
The Attorney General is requested to review any case in which an individual living on August 10, 1988, was, while a United States citizen or permanent resident alien of Japanese ancestry, convicted of a violation of—
on account of the refusal by such individual, during the evacuation, relocation, and internment period, to accept treatment which discriminated against the individual on the basis of the individual’s Japanese ancestry.
Executive Order Numbered 9066, dated February 19, 1942;
the Act entitled “An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones”, approved March 21, 1942 (56 Stat. 173); or
any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry;
Based upon any review under subsection (a), the Attorney General is requested to recommend to the President for pardon consideration those convictions which the Attorney General considers appropriate.
In consideration of the statement of the Congress set forth in section 4202(a) of this title , the President is requested to offer pardons to any individuals recommended by the Attorney General under subsection (b).
Each department and agency of the United States Government shall review with liberality, giving full consideration to the findings of the Commission and the statement of the Congress set forth in section 4202(a) of this title , any application by an eligible individual for the restitution of any position, status, or entitlement lost in whole or in part because of any discriminatory act of the United States Government against such individual which was based upon the individual’s Japanese ancestry and which occurred during the evacuation, relocation, and internment period.
Subsection (a) does not create any authority to grant restitution described in that subsection, or establish any eligibility to apply for such restitution.
There is established in the Treasury of the United States the Civil Liberties Public Education Fund, which shall be administered by the Secretary of the Treasury.
Amounts in the Fund shall be invested in accordance with section 9702 of title 31 .
The Fund shall terminate not later than the earlier of the date on which an amount has been expended from the Fund which is equal to the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, or 10 years after August 10, 1988 . If all of the amounts in the Fund have not been expended by the end of that 10-year period, investments of amounts in the Fund shall be liquidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury.
There are authorized to be appropriated to the Fund $1,650,000,000, of which not more than $500,000,000 may be appropriated for any fiscal year. Any amounts appropriated pursuant to this section are authorized to remain available until expended.
Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 996, provided that:
“Subject to the provisions of section 104(e) of the Civil Liberties Act of 1988 ( Public Law 100–383 ; 50 U.S.C. App. 1989(b-3(e) [1989b–3(e)]) [now 50 U.S.C. 4214(e) ], the maximum amount authorized under such section for any fiscal year is appropriated, from money in the Treasury not otherwise appropriated, for each fiscal year beginning on or after October 1, 1990 , to the Civil Liberties Public Education Fund established by section 104(a) of the Civil Liberties Act of 1988 [ 50 U.S.C. 4214(a) ], for payments to eligible individuals under section 105 of that Act [ 50 U.S.C. 4215 ].”
Subject to paragraph (7), the Attorney General shall, subject to the availability of funds appropriated to the Fund for such purpose, pay out of the Fund to each eligible individual the sum of $20,000, unless such individual refuses, in the manner described in paragraph (5), to accept the payment.
The Attorney General shall identify and locate, without requiring any application for payment and using records already in the possession of the United States Government, each eligible individual. The Attorney General should use funds and resources available to the Attorney General, including those described in subsection (c), to attempt to complete such identification and location within 12 months after August 10, 1988 . Any eligible individual may notify the Attorney General that such individual is an eligible individual, and may provide documentation therefor. The Attorney General shall designate an officer or employee to whom such notification and documentation may be sent, shall maintain a list of all individuals who submit such notification and documentation, and shall, subject to the availability of funds appropriated for such purpose, encourage, through a public awareness campaign, each eligible individual to submit his or her current address to such officer or employee. To the extent that resources referred to in the second sentence of this paragraph are not sufficient to complete the identification and location of all eligible individuals, there are authorized to be appropriated such sums as may be necessary for such purpose. In any case, the identification and location of all eligible individuals shall be completed within 12 months after the appropriation of funds under the preceding sentence. Failure to be identified and located by the end of the 12-month period specified in the preceding sentence shall not preclude an eligible individual from receiving payment under this section.
When, after consideration of all evidence and relevant material for determining whether an individual is an eligible individual, there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of eligibility, the benefit of the doubt in resolving each such issue shall be given to such individual.
The Attorney General shall, when funds are appropriated to the Fund for payments to an eligible individual under this section, notify that eligible individual in writing of his or her eligibility for payment under this section. Such notice shall inform the eligible individual that—
acceptance of payment under this section shall be in full satisfaction of all claims against the United States arising out of acts described in section 4218(2)(B) of this title, and
each eligible individual who does not refuse, in the manner described in paragraph (5), to accept payment under this section within 18 months after receiving such written notice shall be deemed to have accepted payment for purposes of paragraph (6).
If an eligible individual refuses, in a written document filed with the Attorney General, to accept any payment under this section, the amount of such payment shall remain in the Fund and no payment may be made under this section to such individual at any time after such refusal.
The acceptance of payment by an eligible individual under this section shall be in full satisfaction of all claims against the United States arising out of acts described in section 4218(2)(B) of this title . This paragraph shall apply to any eligible individual who does not refuse, in the manner described in paragraph (5), to accept payment under this section within 18 months after receiving the notification from the Attorney General referred to in paragraph (4).
No payment may be made under this section to any individual who, after September 1, 1987 , accepts payment pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 4218(2)(B) of this title , or to any surviving spouse, child, or parent of such individual to whom paragraph (8) applies.
In the case of an eligible individual who is deceased at the time of payment under this section, such payment shall be made only as follows:
If there is no surviving spouse, children, or parents described in clauses (i), (ii), and (iii), the amount of such payment shall remain in the Fund, and may be used only for the purposes set forth in section 4216(b) of this title.
If the eligible individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the eligible individual who are living at the time of payment.
If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the eligible individual who are living at the time of payment.
After the death of an eligible individual, this subsection and subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this section will be made, to the same extent as such subsections apply to the eligible individual.
For purposes of this paragraph—
the “spouse” of an eligible individual means a wife or husband of an eligible individual who was married to that eligible individual for at least 1 year immediately before the death of the eligible individual;
a “child” of an eligible individual includes a recognized natural child, a stepchild who lived with the eligible individual in a regular parent-child relationship, and an adopted child; and
a “parent” of an eligible individual includes fathers and mothers through adoption.
The Attorney General shall endeavor to make payments under this section to eligible individuals in the order of date of birth (with the oldest individual on August 10, 1988 (or, if applicable, that individual’s survivors under paragraph (8)) receiving full payment first), until all eligible individuals have received payment in full.
In attempting to locate any eligible individual, the Attorney General may use any facility or resource of any public or nonprofit organization or any other record, document, or information that may be made available to the Attorney General.
No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any eligible individual.
The duties of the Attorney General under this section shall cease 180 days after the Fund terminates.
Amounts paid to an eligible individual under this section—
shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and
shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31 or available under any other law administered by the Secretary of Veterans Affairs, or for purposes of determining the amount of such benefits.
An eligible individual may be paid under this section only from amounts in the Fund.
Nothing in this subchapter shall authorize the payment to an eligible individual by the United States Government of any amount authorized by this section from any source other than the Fund.
If at any time the Fund has insufficient funds to pay all eligible individuals at such time, such eligible individuals shall, to the extent permitted under paragraph (1), be paid in full in the order specified in subsection (b).
A claimant may seek judicial review of a denial of compensation under this section solely in the United States Court of Federal Claims, which shall review the denial upon the administrative record and shall hold unlawful and set aside the denial if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
This subsection shall apply only to any claim filed in court on or after September 27, 1992 .
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Pub. L. 102–371, § 6(b), Sept. 27, 1992, 106 Stat. 1168, provided that:
“The amendment made by subsection (a) [amending this section] shall be effective as of August 10, 1988 .”
There is established the Civil Liberties Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section.
The Board may make disbursements from the Fund only—
to sponsor research and public educational activities, and to publish and distribute the hearings, findings, and recommendations of the Commission, so that the events surrounding the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and
for reasonable administrative expenses of the Board, including expenses incurred under subsections (c)(3), (d), and (e).
The Board shall be composed of 9 members appointed by the President, by and with the advice and consent of the Senate, from individuals who are not officers or employees of the United States Government.
Except as provided in subparagraphs (B) and (C), members shall be appointed for terms of 3 years.
Of the members first appointed—
as designated by the President at the time of appointment.
5 shall be appointed for terms of 3 years, and
4 shall be appointed for terms of 2 years,
Any member appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such member’s term until such member’s successor has taken office. No individual may be appointed as a member for more than 2 consecutive terms.
Members of the Board shall serve without pay, except that members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently in the United States Government are allowed expenses under section 5703 of title 5 .
5 members of the Board shall constitute a quorum but a lesser number may hold hearings.
The Chair of the Board shall be elected by the members of the Board.
The Board shall have a Director who shall be appointed by the Board.
The Board may appoint and fix the pay of such additional staff as it may require.
The Director and the additional staff of the Board may be appointed without regard to section 5311(b) 1 1 See References in Text note below. of title 5 and without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Board may not exceed a rate equivalent to the minimum rate of basic pay payable for GS–18 of the General Schedule under section 5332(a) of such title.
The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.
The Board may accept, use, and dispose of gifts or donations of services or property for purposes authorized under subsection (b).
Not later than 12 months after the first meeting of the Board and every 12 months thereafter, the Board shall transmit to the President and to each House of the Congress a report describing the activities of the Board.
90 days after the termination of the Fund, the Board shall terminate and all obligations of the Board under this section shall cease.
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
All documents, personal testimony, and other records created or received by the Commission during its inquiry shall be kept and maintained by the Archivist of the United States who shall preserve such documents, testimony, and records in the National Archives of the United States. The Archivist shall make such documents, testimony, and records available to the public for research purposes.
The Clerk of the House of Representatives is authorized to permit the Archivist of the United States to make available for use records of the House not classified for national security purposes, which have been in existence for not less than thirty years, relating to the evacuation, relocation, and internment of individuals during the evacuation, relocation, and internment period.
This subsection is enacted as an exercise of the rulemaking power of the House of Representatives, but is applicable only with respect to the availability of records to which it applies, and supersedes other rules only to the extent that the time limitation established by this section with respect to such records is specifically inconsistent with such rules, and is enacted with full recognition of the constitutional right of the House to change its rules at any time, in the same manner and to the same extent as in the case of any other rule of the House.
For the purposes of this subchapter—
the term “evacuation, relocation, and internment period” means that period beginning on December 7, 1941, and ending on June 30, 1946;
the term “eligible individual” means any individual of Japanese ancestry, or the spouse or a parent of an individual of Japanese ancestry, who is living on August 10, 1988, and who, during the evacuation, relocation, and internment period—
except that the term “eligible individual” does not include any individual who, during the period beginning on December 7, 1941, and ending on September 2, 1945, relocated to a country while the United States was at war with that country;
was a United States citizen or a permanent resident alien; and
was confined, held in custody, relocated, or otherwise deprived of liberty or property as a result of—
Executive Order Numbered 9066, dated February 19, 1942;
the Act entitled “An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones”, approved March 21, 1942 (56 Stat. 173); or
any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry; or
was enrolled on the records of the United States Government during the period beginning on December 7, 1941, and ending on June 30, 1946, as being in a prohibited military zone;
the term “permanent resident alien” means an alien lawfully admitted into the United States for permanent residence;
the term “Fund” means the Civil Liberties Public Education Fund established in section 4214 of this title;
the term “Board” means the Civil Liberties Public Education Fund Board of Directors established in section 4216 of this title; and
the term “Commission” means the Commission on Wartime Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act (Public Law 96–317; 50 U.S.C. App. 1981 note).1
No authority under this subchapter to enter into contracts or to make payments shall be effective in any fiscal year except to such extent and in such amounts as are provided in advance in appropriations Acts. In any fiscal year, total benefits conferred by this subchapter shall be limited to an amount not in excess of the appropriations for such fiscal year. Any provision of this subchapter which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal year 1989 and thereafter.
Any such payment made to an individual who is not of Japanese ancestry and who is an eligible individual on the basis of the amendment made by section 3 of the Civil Liberties Act Amendments of 1992 shall not be an entitlement and shall be made from discretionary appropriations.
There are authorized to be appropriated for fiscal year 1993 and each subsequent fiscal year such sums as may be necessary for the payments from discretionary appropriations described in paragraph (1).
As used in this section—
the term “discretionary appropriations” has the meaning given that term in section 900(c)(7) of title 2; and
the term “entitlement” means “spending authority” as defined in section 651(c)(2)(C) 1 of title 2.
SUBCHAPTER II— ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
This subchapter may be cited as the “Aleutian and Pribilof Islands Restitution Act”.
As used in this subchapter—
the term “Administrator” means the person appointed by the Secretary under section 4234 of this title;
the term “affected Aleut villages” means the surviving Aleut villages of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, and the Aleut village of Attu, Alaska;
the term “Association” means the Aleutian/Pribilof Islands Association, Inc., a nonprofit regional corporation established for the benefit of the Aleut people and organized under the laws of the State of Alaska;
the term “Corporation” means the Aleut Corporation, a for-profit regional corporation for the Aleut region organized under the laws of the State of Alaska and established under section 1606 of title 43;
the term “eligible Aleut” means any Aleut living on August 10, 1988—
who, as a civilian, was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands west of Unimak Island to an internment camp, or other temporary facility or location, during World War II; or
who was born while his or her natural mother was subject to such relocation;
the term “Secretary” means the Secretary of the Interior;
the term “Fund” means the Aleutian and Pribilof Islands Restitution Fund established in section 4233 of this title; and
the term “World War II” means the period beginning on December 7, 1941, and ending on September 2, 1945.
There is established in the Treasury of the United States the Aleutian and Pribilof Islands Restitution Fund, which shall be administered by the Secretary. The Fund shall consist of amounts appropriated to it pursuant to this subchapter.
The Secretary shall report to the Congress, not later than 60 days after the end of each fiscal year, on the financial condition of the Fund, and the results of operations of the Fund, during the preceding fiscal year and on the expected financial condition and operations of the Fund during the current fiscal year.
Amounts in the Fund shall be invested in accordance with section 9702 of title 31 .
The Secretary shall terminate the Fund 3 years after August 10, 1988 , or 1 year following disbursement of all payments from the Fund, as authorized by this subchapter, whichever occurs later. On the date the Fund is terminated, all investments of amounts in the Fund shall be liquidated by the Secretary and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury.
For provisions that the Fund, if terminated pursuant to subsec. (d) of this section, is to be reestablished upon appropriation of additional funds, and restricting use of appropriated funds, see section 1(b), (c), of Pub. L. 103–402, set out as a note under section 4235 of this title.
As soon as practicable after August 10, 1988 , the Secretary shall offer to undertake negotiations with the Association, leading to the execution of an agreement with the Association to serve as Administrator under this subchapter. The Secretary may appoint the Association as Administrator if such agreement is reached within 90 days after August 10, 1988 . If no such agreement is reached within such period, the Secretary shall appoint another person as Administrator under this subchapter, after consultation with leaders of affected Aleut villages and the Corporation.
Subject to the availability of funds appropriated to the Fund, the Secretary shall make payments from the Fund, in accordance with this section, as restitution for certain Aleut losses sustained in World War II.
The Secretary shall, subject to the availability of funds appropriated for this purpose, establish a trust for the purposes set forth in this section. Such trust shall be established pursuant to the laws of the State of Alaska, and shall be maintained and operated by not more than seven trustees, as designated by the Secretary. Each affected Aleut village may submit to the Administrator a list of three prospective trustees. The Secretary, after consultation with the Administrator, affected Aleut villages, and the Corporation, shall designate not more than seven trustees from such lists as submitted.
The trust established under this subsection shall be administered in a manner that is consistent with the laws of the State of Alaska, and as prescribed by the Secretary, after consultation with representatives of eligible Aleuts, the residents of affected Aleut villages, and the Administrator.
The Secretary shall deposit in the trust such sums as may be appropriated for the purposes set forth in this subsection. The trustees shall maintain and operate 8 independent and separate accounts in the trust for purposes of this subsection, as follows:
The trustees shall credit to the account described in subparagraph (C) an amount equal to 5 percent of the principal amount deposited by the Secretary in the trust under this subsection. Of the remaining principal amount, an amount shall be credited to each account described in subparagraphs (A) and (B) which bears the same proportion to such remaining principal amount as the Aleut civilian population, as of June 1, 1942, of the village with respect to which such account is established bears to the total civilian Aleut population on such date of all affected Aleut villages.
One account for the independent benefit of the wartime Aleut residents of Attu and their descendants.
Six accounts for the benefit of the 6 surviving affected Aleut villages, one each for the independent benefit of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, respectively.
One account for the independent benefit of those Aleuts who, as determined by the Secretary, upon the advice of the trustees, are deserving but will not benefit directly from the accounts established under subparagraphs (A) and (B).
The trustees may use the principal, accrued interest, and other earnings of the accounts maintained under paragraph (1) for—
the benefit of elderly, disabled, or seriously ill persons on the basis of special need;
the benefit of students in need of scholarship assistance;
the preservation of Aleut cultural heritage and historical records;
the improvement of community centers in affected Aleut villages; and
other purposes to improve the condition of Aleut life, as determined by the trustees.
There are authorized to be appropriated $5,000,000 to the Fund to carry out this subsection.
The Administrator shall make an inventory and assessment of real and personal church property of affected Aleut villages which was damaged or destroyed during World War II. In making such inventory and assessment, the Administrator shall consult with the trustees of the trust established under subsection (b), residents of affected Aleut villages, affected church members and leaders, and the clergy of the churches involved. Within 1 year after August 10, 1988 , the Administrator shall submit such inventory and assessment, together with an estimate of the present replacement value of lost or destroyed furnishings and artifacts, to the Secretary.
The Secretary shall review the inventory and assessment provided under paragraph (1), and shall deposit in the trust established under subsection (b) an amount reasonably calculated by the Secretary to compensate affected Aleut villages for church property lost, damaged, or destroyed during World War II.
The trustees shall distribute the amount deposited in the trust under paragraph (2) for the benefit of the churches referred to in this subsection.
There are authorized to be appropriated to the Fund $4,700,000 to carry out this subsection.
Pub. L. 103–402, § 1(b), (c), Oct. 22, 1994, 108 Stat. 4174, provided that:
“(b) Fund .— If the Fund referred to in section 205(a) of the Aleutian and Pribilof Islands Restitution Act (50 U.S.C. App. 1989c–4(a)) [now 50 U.S.C. 4235(a) ] has been terminated pursuant to section 203(d) of such Act (50 U.S.C. App. 1989c–2(d)) [now 50 U.S.C. 4233(d) ], upon the appropriation of additional funds pursuant to this Act [amending this section], the Fund shall be reestablished. “(c) Use of Funds .— The funds appropriated pursuant to this Act shall be used solely for the renovation, replacement, and restoration of church property lost, damaged, or destroyed during World War II.”
In addition to payments made under section 4235 of this title , the Secretary shall, in accordance with this section, make per capita payments out of the Fund to eligible Aleuts. The Secretary shall pay, subject to the availability of funds appropriated to the Fund for such payments, to each eligible Aleut the sum of $12,000.
The Secretary may request the Attorney General to provide reasonable assistance in locating eligible Aleuts residing outside the affected Aleut villages, and upon such request, the Attorney General shall provide such assistance. In so doing, the Attorney General may use available facilities and resources of the International Committee of the Red Cross and other organizations.
The Secretary may request the assistance of the Administrator in identifying and locating eligible Aleuts for purposes of this section.
Amounts paid to an eligible Aleut under this section—
shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering, and
shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31 or the amount of such benefits.
The payment to an eligible Aleut under this section shall be in full satisfaction of all claims against the United States arising out of the relocation described in section 4232(5) of this title .
There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.
In accordance with section 1132(c) of title 16 , the public lands on Attu Island, Alaska, within the National Wildlife Refuge System have been designated as wilderness by section 702(1) of the Alaska National Interest Lands Conservation Act ( 94 Stat. 2417 ; 16 U.S.C. 1132 note). In order to make restitution for the loss of traditional Aleut lands and village properties on Attu Island, while preserving the present designation of Attu Island lands as part of the National Wilderness Preservation System, compensation to the Aleut people, in lieu of the conveyance of Attu Island, shall be provided in accordance with this section.
Not later than 90 days after August 10, 1988 , the Secretary shall, in accordance with this subsection, determine the total acreage of land on Attu Island, Alaska, that, at the beginning of World War II, was subject to traditional use by the Aleut villagers of that island for subsistence and other purposes. In making such acreage determination, the Secretary shall establish a base acreage of not less than 35,000 acres within that part of eastern Attu Island traditionally used by the Aleut people, and shall, from the best available information, including information that may be submitted by representatives of the Aleut people, identify any such additional acreage on Attu Island that was subject to such use. The combination of such base acreage and such additional acreage shall constitute the acreage determination upon which payment to the Corporation under this section is based. The Secretary shall promptly notify the Corporation of the results of the acreage determination made under this subsection.
Not later than 120 days after August 10, 1988, the Secretary shall determine the value of the Attu Island acreage determined under subsection (b), except that—
such acreage may not be valued at less than $350 per acre nor more than $500 per acre; and
the total valuation of all such acreage may not exceed $15,000,000.
In determining the value of the acreage under paragraph (1), the Secretary shall take into consideration such factors as the Secretary considers appropriate, including—
fair market value;
environmental and public interest value; and
established precedents for valuation of comparable wilderness lands in the State of Alaska.
The Secretary shall promptly notify the Corporation of the determination of value made under this subsection, and such determination shall constitute the final determination of value unless the Corporation, within 30 days after the determination is made, appeals the determination to the Secretary. If such appeal is made, the Secretary shall, within 30 days after the appeal is made, review the determination in light of the appeal, and issue a final determination of the value of that acreage determined to be subject to traditional use under subsection (b).
The Secretary shall pay, subject to the availability of funds appropriated for such purpose, to the Corporation, as compensation for the Aleuts’ loss of lands on Attu Island, the full amount of the value of the acreage determined under subsection (c), less the value (as determined under subsection (c)) of any land conveyed under subsection (e).
The payment made under paragraph (1) shall be in full satisfaction of any claim against the United States for the loss of traditional Aleut lands and village properties on Attu Island.
The Secretary may convey to the Corporation all right, title, and interest of the United States to the surface estate of the traditional Aleut village site on Attu Island, Alaska (consisting of approximately 10 acres) and to the surface estate of a parcel of land consisting of all land outside such village that is within 660 feet of any point on the boundary of such village. The conveyance may be made under the authority contained in section 1613(h)(1) of title 43 , except that after August 10, 1988 , no site on Attu Island, Alaska, other than such traditional Aleut village site and such parcel of land, may be conveyed to the Corporation under such section 1613(h)(1).
There are authorized to be appropriated $15,000,000 to the Secretary to carry out this section.
No authority under this subchapter to enter into contracts or to make payments shall be effective in any fiscal year except to such extent and in such amounts as are provided in advance in appropriations Acts. In any fiscal year, the Secretary, with respect to—
shall limit the total benefits conferred to an amount not in excess of the appropriations for such fiscal year. Any provision of this subchapter which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal year 1989 and thereafter.
the Fund established under section 4233 of this title,
the trust established under section 4235(b) of this title, and
If any provision of this subchapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of this subchapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.
SUBCHAPTER III— TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES
Notwithstanding any other provision of law or of this chapter, nothing in this chapter shall be construed as recognition of any claim of Mexico or any other country or any Indian tribe (except as expressly provided in this chapter with respect to the Aleut tribe of Alaska) to any territory or other property of the United States, nor shall this chapter be construed as providing any basis for compensation in connection with any such claim.
CHAPTER 53— TRADING WITH THE ENEMY
Act Oct. 6, 1917, ch. 106, 40 Stat. 411, comprising this chapter, was expressly excepted from the operation and effect of Joint Res. Mar. 3, 1921, ch. 136, 41 Stat. 1359, declaring that certain Acts of Congress, joint resolutions, and proclamations should be construed as though the World War had ended and the then present or existing emergency expired.
This chapter shall be known as the “Trading with the enemy 1 1 So in original. Act.”
The word “enemy,” as used herein, shall be deemed to mean, for the purposes of such trading and of this chapter—
Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory.
The government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof.
Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term “enemy.”
The words “ally of enemy,” as used herein, shall be deemed to mean—
Buy or sell, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property.
To have any form of business or commercial communication or intercourse with.
It shall be unlawful—
For any person in the United States, except with the license of the President, granted to such person, or to the enemy, or ally of enemy, as provided in this chapter, to trade, or attempt to trade, either directly or indirectly, with, to, or from, or for, or on account of, or on behalf of, or for the benefit of, any other person, with knowledge or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or taking part in such trade, directly or indirectly, for, or on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy.
For any person, except with the license of the President, to transport or attempt to transport into or from the United States, or for any owner, master, or other person in charge of a vessel of American registry to transport or attempt to transport from any place to any other place, any subject or citizen of an enemy or ally of enemy nation, with knowledge or reasonable cause to believe that the person transported or attempted to be transported is such subject or citizen.
For any person (other than a person in the service of the United States Government or of the Government of any nation, except that of an enemy or ally of enemy nation, and other than such persons or classes of persons as may be exempted hereunder by the President or by such person as he may direct), to send, or take out of, or bring into, or attempt to send, or take out of, or bring into the United States, any letter or other writing or tangible form of communication, except in the regular course of the mail; and it shall be unlawful for any person to send, take, or transmit, or attempt to send, take, or transmit out of the United States, any letter or other writing, book, map, plan, or other paper, picture, or any telegram, cablegram, or wireless message, or other form of communication intended for or to be delivered, directly or indirectly, to an enemy or ally of enemy: Provided, however, That any person may send, take, or transmit out of the United States anything herein forbidden if he shall first submit the same to the President, or to such officer as the President may direct, and shall obtain the license or consent of the President, under such rules and regulations, and with such exemptions, as shall be prescribed by the President.
Whenever, during the present war, the President shall deem that the public safety demands it, he may cause to be censored under such rules and regulations as he may from time to time establish, communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country he may from time to time specify, or which may be carried by any vessel or other means of transportation touching at any port, place, or territory of the United States and bound to or from any foreign country. Any person who willfully evades or attempts to evade the submission of any such communication to such censorship or willfully uses or attempts to use any code or other device for the purpose of concealing from such censorship the intended meaning of such communication shall be punished as provided in section 4315 of this title.
Every enemy or ally of enemy insurance or reinsurance company, and every enemy or ally of enemy, doing business within the United States through an agency or branch office, or otherwise, may within thirty days after October 6, 1917, apply to the President for a license to continue to do business; and, within thirty days after such application, the President may enter an order either granting or refusing to grant such license. The license, if granted, may be temporary or otherwise, and for such period of time, and may contain such provisions and conditions regulating the business, agencies, managers and trustees and the control and disposition of the funds of the company, or of such enemy or ally of enemy, as the President shall deem necessary for the safety of the United States; and any license granted hereunder may be revoked or regranted or renewed in such manner and at such times as the President shall determine: Provided, however, That reasonable notice of his intent to refuse to grant a license or to revoke a license granted to any reinsurance company shall be given by him to all insurance companies incorporated within the United States and known to the President to be doing business with such reinsurance company: Provided further, That no insurance company, organized within the United States, shall be obligated to continue any existing contract, entered into prior to the beginning of the war, with any enemy or ally of enemy insurance or reinsurance company, but any such company may abrogate and cancel any such contract by serving thirty days’ notice in writing upon the President of its election to abrogate such contract.
For a period of thirty days after October 6, 1917 , and further pending the entry of such order by the President, after application made by any enemy or ally of enemy insurance or reinsurance company, within such thirty days as above provided, the provisions of the President’s proclamation of April sixth, nineteen hundred and seventeen, relative to agencies in the United States of certain insurance companies, as modified by the provisions of the President’s proclamation of July thirteenth, nineteen hundred and seventeen, relative to marine and war-risk insurance, shall remain in full force and effect so far as it applies to such German insurance companies, and the conditions of said proclamation of April sixth, nineteen hundred and seventeen, as modified by said proclamation of July thirteenth, nineteen hundred and seventeen, shall also during said period of thirty days after October 6, 1917 , and pending the order of the President as herein provided, apply to any enemy or ally of enemy insurance or reinsurance company, anything in this chapter to the contrary notwithstanding. It shall be unlawful for any enemy or ally of enemy insurance or reinsurance company, to whom license is granted, to transmit out of the United States any funds belonging to or held for the benefit of such company or to use any such funds as the basis for the establishment directly or indirectly of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on account of, an enemy or ally of enemy.
For a period of thirty days after October 6, 1917 , and further pending the entry of such order by the President, after application made within such thirty days by any enemy or ally of enemy, other than an insurance or reinsurance company as above provided, it shall be lawful for such enemy or ally of enemy to continue to do business in this country and for any person to trade with, to, from, for, on account of, on behalf of or for the benefit of such enemy or ally of enemy, anything in this chapter to the contrary notwithstanding: Provided, however , That the provisions of sections 4303 and 4315 of this title shall apply to any act or attempted act of transmission or transfer of money or other property out of the United States and to the use or attempted use of such money or property as the basis for the establishment of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on account of, an enemy or ally of enemy.
If no license is applied for within thirty days after October 6, 1917 , or if a license shall be refused to any enemy or ally of enemy, whether insurance or reinsurance company, or other person, making application, or if any license granted shall be revoked by the President, the provisions of sections 4303 and 4315 of this title shall forthwith apply to all trade or to any attempt to trade with, to, from, for, buy, on account of, or on behalf of, or for the benefit of such company or other person: Provided, however , That after such refusal or revocation, anything in this chapter to the contrary notwithstanding, it shall be lawful for a policyholder or for an insurance company, not an enemy or ally of enemy, holding insurance or having effected reinsurance in or with such enemy or ally of enemy insurance or reinsurance company, to receive payment of, and for such enemy or ally of enemy insurance or reinsurance company to pay any premium, return premium, claim, money, security, or other property due or which may become due on or in respect to such insurance or reinsurance in force at the date of such refusal or revocation of license; and nothing in this chapter shall vitiate or nullify then existing policies or contracts of insurance or reinsurance, or the conditions thereof; and any such policyholder or insurance company, not an enemy or ally of enemy, having any claim to or upon money or other property of the enemy or ally of enemy insurance or reinsurance company in the custody or control of the alien property custodian, hereinafter provided for, or of the Treasurer of the United States, may make application for the payment thereof and may institute suit as provided in section 4309 of this title .
During the present war, no enemy, or ally of enemy, and no partnership of which he is a member or was a member at the beginning of the war, shall for any purpose assume or use any name other than that by which such enemy or partnership was ordinarily known at the beginning of the war, except under license from the President.
Whenever, during the present war, in the opinion of the President the public safety or public interest requires, the President may prohibit any or all foreign insurance companies from doing business in the United States, or the President may license such company or companies to do business upon such terms as he may deem proper.
The President, if he shall find it compatible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions of this chapter so far as they apply to an ally of enemy, and he may revoke or renew such suspension from time to time; and the President may grant licenses, special or general, temporary or otherwise, and for such period of time and containing such provisions and conditions as he shall prescribe, to any person or class of persons to do business as provided in subsection (a) of section 4304 of this title, and to perform any act made unlawful without such license in section 4303 of this title, and to file and prosecute applications under subsection (b) of section 4310 of this title; and he may revoke or renew such licenses from time to time, if he shall be of opinion that such grant or revocation or renewal shall be compatible with the safety of the United States and with the successful prosecution of the war; and he may make such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out the provisions of this chapter; and the President may exercise any power or authority conferred by this chapter through such officer or officers as he shall direct.
If the President shall have reasonable cause to believe that any act is about to be performed in violation of section 4303 of this title he shall have authority to order the postponement of the performance of such act for a period not exceeding ninety days, pending investigation of the facts by him.
During the time of war, the President may, through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions, licenses, or otherwise—
by any person, or with respect to any property, subject to the jurisdiction of the United States; and any property or interest of any foreign country or national thereof shall vest, when, as, and upon the terms, directed by the President, in such agency or person as may be designated from time to time by the President, and upon such terms and conditions as the President may prescribe such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes; and the President shall, in the manner hereinabove provided, require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in this subdivision either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of this subdivision, and in any case in which a report could be required, the President may, in the manner hereinabove provided, require the production, or if necessary to the national security or defense, the seizure, of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person.
investigate, regulate, or prohibit, any transactions in foreign exchange, transfers of credit or payments between, by, through, or to any banking institution, and the importing, exporting, hoarding, melting, or earmarking of gold or silver coin or bullion, currency or securities, and
investigate, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest,
Any payment, conveyance, transfer, assignment, or delivery of property or interest therein, made to or for the account of the United States, or as otherwise directed, pursuant to this subdivision or any rule, regulation, instruction, or direction issued hereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same; and no person shall be held liable in any court for or in respect to anything done or omitted in good faith in connection with the administration of, or in pursuance of and in reliance on, this subdivision, or any rule, regulation, instruction, or direction issued hereunder.
As used in this subdivision the term “United States” means the United States and any place subject to the jurisdiction thereof: Provided, however, That the foregoing shall not be construed as a limitation upon the power of the President, which is hereby conferred, to prescribe from time to time, definitions, not inconsistent with the purposes of this subdivision, for any or all of the terms used in this subdivision. As used in this subdivision the term “person” means an individual, partnership, association, or corporation.
The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly, the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 1 of this title, or under section 4605 1 of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18.
Act Mar. 9, 1933, ch. 1, title I, § 1, 48 Stat. 1, provided that:
“The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933 , pursuant to the authority conferred by subdivision (b) of section 5 of the act of October 6, 1917 , as amended [ 50 U.S.C. 4305(b) ], are hereby approved and confirmed.”
Pub. L. 103–236, title V, § 525(b)(2), Apr. 30, 1994, 108 Stat. 474, provided that:
“The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [ 50 U.S.C. 4305(b) ], which were being exercised with respect to a country on July 1, 1977 , as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act [ Apr. 30, 1994 ], do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under section 5(b)(4) of the Trading With the Enemy Act, as amended by paragraph (1) of this subsection, may not be regulated or prohibited.”
Pub. L. 100–418, title II, § 2502(a)(2), Aug. 23, 1988, 102 Stat. 1371, provided that:
“The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [ 50 U.S.C. 4305(b) ], which were being exercised with respect to a country on July 1, 1977 , as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act [ Aug. 23, 1988 ], do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under section 5(b)(4) of the Trading With the Enemy Act, as added by paragraph (1) of this subsection, may not be regulated or prohibited.”
Pub. L. 95–223, title I, § 101(b), (c), Dec. 28, 1977, 91 Stat. 1625, provided that:
“(b) Notwithstanding the amendment made by subsection (a) [amending this section], the authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act [ 50 U.S.C. 4305(b) ], which were being exercised with respect to a country on July 1, 1977 , as a result of a national emergency declared by the President before such date, may continue to be exercised with respect to such country, except that, unless extended, the exercise of such authorities shall terminate (subject to the savings provisions of the second sentence of section 101(a) of the National Emergencies Act [ 50 U.S.C. 1601(a) ]) at the end of the two-year period beginning on the date of enactment of the National Emergencies Act [ Sept. 14, 1976 ]. The President may extend the exercise of such authorities for one-year periods upon a determination for each such extension that the exercise of such authorities with respect to such country for another year is in the national interest of the United States. “(c) The termination and extension provisions of subsection (b) of this section supersede the provisions of section 101(a) [ 50 U.S.C. 1601(a) ] and of title II [ 50 U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that the provisions of subsection (b) of this section are inconsistent with those provisions.”
President’s powers under subsec. (b) of this section delegated during World War II to Secretary of the Treasury by Memorandum of the President dated Feb. 12, 1942, 7 F.R. 1409, and to Alien Property Custodian by Ex. Ord. No. 9095, Mar. 11, 1942, 7 F.R. 1971.
Office of World War II Alien Property Custodian terminated and powers, duties, and functions vested in or transferred or delegated to such Office or in the Alien Property Custodian transferred to Attorney General, see Ex. Ord. No. 9788, set out under section 4306 of this title.
Proc. No. 8271, June 26, 2008, 73 F.R. 36785, provided:
I, GEORGE W. BUSH, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note) [now 50 U.S.C. 4305 note], hereby find that the continuation of the exercise of authorities under the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.) [now 50 U.S.C. 4301 et seq.] (TWEA) with respect to North Korea, as authorized in Proclamation 2914 of December 16, 1950, most recently continued under Presidential Determination 2007–32 of September 13, 2007 (72 FR 53407), and implemented by the regulations set forth below, is no longer in the national interest of the United States.
Section 1. The exercise of TWEA authorities with respect to North Korea, which were implemented by the Foreign Assets Control Regulations, 31 C.F.R. part 500, and the Transaction Control Regulations, 31 C.F.R. part 505, and that were continued by Presidential Determination 2007–32 of September 13, 2007, is terminated, and Presidential Determination 2007–32 is rescinded with respect to North Korea.
Sec. 2. The Secretary of the Treasury is authorized and directed to take all appropriate measures within the Secretary’s authority to give effect to this proclamation.
Sec. 3. This proclamation is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
Sec. 4. This proclamation is effective at 12:01 a.m. eastern daylight time on June 27, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of June, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.
George W. Bush.
All of the following transactions are prohibited, except as specifically authorized by the Secretary of the Treasury by means of regulations, rulings, instructions, licenses, or otherwise, if (i) such transactions are by, or on behalf of, or pursuant to the direction of any foreign country designated in this Order, or any national thereof, or (ii) such transactions involve property in which any foreign country designated in this Order, or any national thereof, has at any time on or since the effective date of this Order had any interest of any nature whatsoever, direct or indirect:
A. All transfers of credit between any banking institutions within the United States; and all transfers of credit between any banking institution within the United States and any banking institution outside the United States (including any principal, agent, home office, branch, or correspondent outside the United States, of a banking institution within the United States);
B. All payments by or to any banking institution within the United States;
C. All transactions in foreign exchange by any person within the United States;
D. The export or withdrawal from the United States, or the earmarking of gold or silver coin or bullion or currency by any person within the United States;
E. All transfers, withdrawals or exportations of, or dealings in, any evidences of indebtedness or evidences of ownership of property by any person within the United States; and
F. Any transaction for the purpose or which has the effect of evading or avoiding the foregoing prohibitions.
A. All of the following transactions are prohibited, except as specifically authorized by the Secretary of the Treasury by means of regulations, rulings, instructions, licenses, or otherwise:
(1) The acquisition, disposition or transfer of, or other dealing in, or with respect to, any security or evidence thereof on which there is stamped or imprinted, or to which there is affixed or otherwise attached, a tax stamp or other stamp of a foreign country designated in this Order or a notarial or similar seal which by its contents indicates that it was stamped, imprinted, affixed or attached within such foreign country, or where the attendant circumstances disclose or indicate that such stamp or seal may, at any time, have been stamped, imprinted, affixed or attached thereto; and
(2) The acquisition by, or transfer to, any person within the United States of any interest in any security or evidence thereof if the attendant circumstances disclose or indicate that the security or evidence thereof is not physically situated within the United States.
B. The Secretary of the Treasury may investigate, regulate, or prohibit under such regulations, rulings, or instructions as he may prescribe, by means of licenses or otherwise, the sending, mailing, importing or otherwise bringing, directly or indirectly, into the United States, from any foreign country, of any securities or evidences thereof or the receiving or holding in the United States of any securities or evidences thereof so brought into the United States.
The term “foreign country designated in this Order” means a foreign country included in the following schedule, and the term “effective date of this Order” means with respect to any such foreign country, or any national thereof, the date specified in the following schedule:
(a) April 8, 1940—
Norway and
Denmark;
(b) May 10, 1940—
The Netherlands,
Belgium and
Luxembourg;
(c) June 17, 1940—
France (including Monaco);
(d) July 10, 1940—
Latvia, Estonia and
Lithuania;
(e) October 9, 1940—
Rumania;
(f) March 4, 1941—
Bulgaria;
(g) March 13, 1941—
Hungary;
(h) March 24, 1941—
Yugoslavia;
(i) April 28, 1941—
Greece; and
(j) June 14, 1941—
Albania,
Andorra,
Austria,
Czechoslovakia,
Danzig,
Finland,
Germany,
Italy,
Liechtenstein,
Poland,
Portugal,
San Marino,
Spain,
Sweden,
Switzerland, and
Union of Soviet Socialist Republics;
(k) June 14, 1941—
China and
Japan;
(l) June 14, 1941—
Thailand;
(m) June 14, 1941—
Hong Kong.
The “effective date of this Order” with respect to any foreign country not designated in this Order shall be deemed to be June 14, 1941.
A. The Secretary of the Treasury and/or the Attorney General may require, by means of regulations, rulings, instructions, or otherwise, any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, from time to time and at any time or times, complete information relative to, any transaction referred to in section 5(b) of the Act of October 6, 1917 (40 Stat. 415) [50 U.S.C. 4305(b)], as amended, or relative to any property in which any foreign country or any national thereof has any interest of any nature whatsoever, direct or indirect, including the production of any books of account, contracts, letters, or other papers, in connection therewith, in the custody or control of such person, either before or after such transaction is completed; and the Secretary of the Treasury and/or the Attorney General may, through any agency, investigate any such transaction or act, or any violation of the provisions of this Order.
B. Every person engaging in any of the transactions referred to in sections 1 and 2 of this Order shall keep a full record of each such transaction engaged in by him, regardless of whether such transaction is effected pursuant to license or otherwise, and such record shall be available for examination for at least one year after the date of such transaction.
A. As used in the first paragraph of section 1 of this Order “transactions (which) involve property in which any foreign country designated in this Order, or any national thereof, has * * * any interest of any nature whatsoever, direct or indirect,” shall include but not by way of limitation (i) any payment or transfer to any such foreign country or national thereof, (ii) any export or withdrawal from the United States to such foreign country, and (iii) any transfer of credit, or payment of an obligation, expressed in terms of the currency of such foreign country.
B. The term “United States” means the United States and any place subject to the jurisdiction thereof, and the term “continental United States” means the States of the United States, the District of Columbia, and the Territory of Alaska: Provided, however, That for the purposes of this Order the term “United States” shall not be deemed to include any territory included within the term “foreign country” as defined in paragraph D of this section.
C. The term “person” means an individual, partnership, association, corporation, or other organization.
D. The term “foreign country” shall include, but not by way of limitation,
(i) The state and the government thereof on the effective date of this Order as well as any political subdivision, agency, or instrumentality thereof or any territory, dependency, colony, protectorate, mandate, dominion, possession or place subject to the jurisdiction thereof.
(ii) Any other government (including any political subdivision, agency, or instrumentality thereof) to the extent and only to the extent that such government exercises or claims to exercise de jure or de facto sovereignty over the area which on such effective date constituted such foreign country, and
(iii) Any territory which on or since the effective date of this Order is controlled or occupied by the military, naval or police forces or other authority of such foreign country;
(iv) Any person to the extent that such person is, or has been, or to the extent that there is reasonable cause to believe that such person is, or has been, since such effective date, acting or purporting to act directly or indirectly for the benefit or on behalf of any of the foregoing. Hong Kong shall be deemed to be a foreign country within the meaning of this subdivision.
E. The term “national” shall include,
(i) Any person who has been domiciled in, or a subject, citizen or resident of a foreign country at any time on or since the effective date of this Order,
(ii) Any partnership, association, corporation or other organization, organized under the laws of, or which on or since the effective date of this Order had or has had its principal place of business in such foreign country, or which on or since such effective date was or has been controlled by, or a substantial part of the stock, shares, bonds, debentures, notes, drafts, or other securities or obligations of which, was or has been owned or controlled by, directly or indirectly, such foreign country and/or one or more nationals thereof as herein defined.
(iii) Any person to the extent that such person is, or has been, since such effective date, acting or purporting to act directly or indirectly for the benefit or on behalf of any national of such foreign country, and
(iv) Any other person who there is reasonable cause to believe is a “national” as herein defined.
In any case in which by virtue of the foregoing definition a person is a national of more than one foreign country, such person shall be deemed to be a national of each such foreign country. In any case in which the combined interests of two or more foreign countries designated in this Order and/or nationals thereof are sufficient in the aggregate to constitute, within the meaning of the foregoing, control of 25 per centum or more of the stock, shares, bonds, debentures, notes, drafts, or other securities or obligations of a partnership, association, corporation or other organization, but such control or a substantial part of such stock, shares, bonds, debentures, notes, drafts, or other securities or obligations is not held by any one such foreign country and/or national thereof, such partnership, association, corporation or other organization shall be deemed to be a national of each of such foreign countries. The Secretary of the Treasury shall have full power to determine that any person is or shall be deemed to be a “national” within the meaning of this definition, and the foreign country of which such person is or shall be deemed to be a national. Without limitation of the foregoing, the term “national” shall also include any other person who is determined by the Secretary of the Treasury to be, or to have been, since such effective date, acting or purporting to act directly or indirectly for the benefit or under the direction of a foreign country designated in this Order or national thereof, as herein defined.
F. The term “banking institution” as used in this Order shall include any person engaged primarily or incidentally in the business of banking, of granting or transferring credits, or of purchasing or selling foreign exchange or procuring purchasers and sellers thereof, as principal or agent, or any person holding credits for others as a direct or incidental part of his business, or brokers, and each principal, agent, home office, branch or correspondent of any person so engaged shall be regarded as a separate “banking institution”.
G. The term “this Order”, as used herein, shall mean Executive Order No. 8389 of April 10, 1940, as amended.
Executive Order No. 8389 of April 10, 1940, as amended, shall no longer be deemed to be an amendment to or a part of Executive Order No. 6560 of January 15, 1934. Executive Order No. 6560 of January 15, 1934, and the Regulations of November 12, 1934, are hereby modified in so far as they are inconsistent with the provisions of this Order, and except as so modified, continue in full force and effect. Nothing herein shall be deemed to revoke any license, ruling, or instruction now in effect and issued pursuant to Executive Order No. 6560 of January 15, 1934, as amended, or pursuant to this Order; provided, however, that all such licenses, rulings, or instructions shall be subject to the provisions hereof. Any amendment, modification or revocation by or pursuant to the provisions of this Order of any orders, regulations, rulings, instructions or licenses shall not affect any act done, or any suit or proceeding had or commenced in any civil or criminal case prior to such amendment, modification or revocation, and all penalties, forfeitures and liabilities under any such orders, regulations, rulings, instructions or licenses shall continue and may be enforced as if such amendment, modification or revocation had not been made.
Without limitation as to any other powers or authority of the Secretary of the Treasury or the Attorney General under any other provision of this Order, the Secretary of the Treasury is authorized and empowered to prescribe from time to time regulations, rulings, and instructions to carry out the purposes of this Order and to provide therein or otherwise the conditions under which licenses may be granted by or through such officers or agencies as the Secretary of the Treasury may designate, and the decision of the Secretary with respect to the granting, denial or other disposition of an application or license shall be final.
Section 5(b) of the Act of October 6, 1917, as amended [50 U.S.C. 4305(b)], provides in part:
“* * * Whoever willfully violates any of the provisions of this subdivision or of any license, order, rule or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, may be imprisoned for not more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both.”
This Order and any regulations, rulings, licenses or instructions issued hereunder may be amended, modified or revoked at any time.
[Ex. Ord. No. 8389 and the regulations and general rulings issued thereunder by the Secretary of the Treasury were approved and confirmed by Res. May 7, 1940, ch. 185, § 2, 54 Stat. 179.]
[Ex. Ord. No. 9760, July 24, 1946, 11 F.R. 7999, 50 U.S.C. 4306 note, relating to diplomatic property of Germany and Japan in the United States, supersedes conflicting provisions of Ex. Ord. No. 8389, set out above.]
The application of Ex. Ord. No. 6560, §§ 9 to 14, to French property by Ex. Ord. No. 8446, 5 F.R. 2279; to Latvian, Estonian and Lithuanian property by Ex. Ord. No. 8484, 5 F.R. 2586; to Rumanian property by Ex. Ord. No. 8565, 5 F.R. 4062; to Bulgarian property by Ex. Ord. No. 8701, 6 F.R. 1285; to Hungarian property by Ex. Ord. No. 8711, 6 F.R. 1443; to Yugoslav property by Ex. Ord. No. 8721, 6 F.R. 1622; to Greek property by Ex. Ord. No. 8746, 6 F.R. 2187, was incorporated in the provisions of Ex. Ord. No. 8389 as amended by Ex. Ord. No. 8785, set out above.
Determination of President of the United States, No. 2025–11, Aug. 29, 2025, 90 F.R. 42795, provided:
Memorandum for the Secretary of State [and] the Secretary of the Treasury
Under section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. 4305 note), and a previous determination on September 13, 2024 (89 FR 76397, September 18, 2024), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to expire on September 14, 2025.
I hereby determine that the continuation of the exercise of those authorities with respect to Cuba for 1 year is in the national interest of the United States.
Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95–223, I continue for 1 year, until September 14, 2026, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 CFR Part 515.
The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.
Donald J. Trump.
Prior extensions were contained in the following:
Determination of President of the United States, No. 2024–11, Sept. 13, 2024, 89 F.R. 76397.
Determination of President of the United States, No. 2023–10, Sept. 13, 2023, 88 F.R. 64347.
Determination of President of the United States, No. 2022–22, Sept. 2, 2022, 87 F.R. 54859.
Determination of President of the United States, No. 2021–12, Sept. 7, 2021, 86 F.R. 50831.
Determination of President of the United States, No. 2020–10, Sept. 9, 2020, 85 F.R. 57075.
Determination of President of the United States, No. 2019–23, Sept. 13, 2019, 84 F.R. 49189.
Determination of President of the United States, No. 2018–11, Sept. 10, 2018, 83 F.R. 46347.
Determination of President of the United States, No. 2017–11, Sept. 8, 2017, 82 F.R. 42927.
Determination of President of the United States, No. 2016–11, Sept. 13, 2016, 81 F.R. 64047.
Determination of President of the United States, No. 2015–11, Sept. 11, 2015, 80 F.R. 55503.
Determination of President of the United States, No. 2014–14, Sept. 5, 2014, 79 F.R. 54183.
Determination of President of the United States, No. 2013–13, Sept. 12, 2013, 78 F.R. 57225.
Determination of President of the United States, No. 2012–14, Sept. 10, 2012, 77 F.R. 56753.
Determination of President of the United States, No. 2011–15, Sept. 13, 2011, 76 F.R. 57623.
Determination of President of the United States, No. 2010–13, Sept. 2, 2010, 75 F.R. 54459.
Determination of President of the United States, No. 2009–27, Sept. 11, 2009, 74 F.R. 47431.
Determination of President of the United States, No. 2008–27, Sept. 12, 2008, 73 F.R. 54055.
Determination of President of the United States, No. 2007–32, Sept. 13, 2007, 72 F.R. 53409.
Determination of President of the United States, No. 2006–23, Sept. 13, 2006, 71 F.R. 54399.
Determination of President of the United States, No. 2005–35, Sept. 12, 2005, 70 F.R. 54607.
Determination of President of the United States, No. 2004–45, Sept. 10, 2004, 69 F.R. 55497.
Determination of President of the United States, No. 2003–36, Sept. 12, 2003, 68 F.R. 54325.
Determination of President of the United States, No. 02–31, Sept. 13, 2002, 67 F.R. 58681.
Determination of President of the United States, No. 2001–26, Sept. 12, 2001, 66 F.R. 47943.
Determination of President of the United States, No. 2000–29, Sept. 12, 2000, 65 F.R. 55883.
Determination of President of the United States, No. 99–36, Sept. 10, 1999, 64 F.R. 51885.
Determination of President of the United States, No. 98–35, Sept. 11, 1998, 63 F.R. 50455.
Determination of President of the United States, No. 97–32, Sept. 12, 1997, 62 F.R. 48729.
Determination of President of the United States, No. 96–43, Aug. 27, 1996, 61 F.R. 46529.
Determination of President of the United States, No. 95–41, Sept. 8, 1995, 60 F.R. 47659.
Determination of President of the United States, No. 94–46, Sept. 8, 1994, 59 F.R. 47229.
Determination of President of the United States, No. 93–38, Sept. 13, 1993, 58 F.R. 51209.
Determination of President of the United States, No. 92–45, Aug. 28, 1992, 57 F.R. 43125.
Determination of President of the United States, No. 91–52, Sept. 13, 1991, 56 F.R. 48415.
Determination of President of the United States, No. 90–38, Sept. 5, 1990, 55 F.R. 37309.
Determination of President of the United States, No. 89–25, Aug. 28, 1989, 54 F.R. 37089.
Determination of President of the United States, No. 88–22, Sept. 8, 1988, 53 F.R. 35289.
Memorandum of President of the United States, Aug. 27, 1987, 51 F.R. 33397.
Memorandum of President of the United States, Aug. 20, 1986, 51 F.R. 30201.
Memorandum of President of the United States, Sept. 5, 1985, 50 F.R. 36563.
Memorandum of President of the United States, Sept. 11, 1984, 49 F.R. 35927.
Memorandum of President of the United States, Sept. 7, 1983, 48 F.R. 40695.
Memorandum of President of the United States, Sept. 8, 1982, 47 F.R. 39797.
Memorandum of President of the United States, Sept. 10, 1981, 46 F.R. 45321.
Memorandum of President of the United States, Sept. 8, 1980, 45 F.R. 59549.
Memorandum of President of the United States, Sept. 12, 1979, 44 F.R. 53153.
Memorandum of President of the United States, Sept. 8, 1978, 43 F.R. 40449.
The President is authorized to appoint, prescribe the duties of, and fix the salary of an official to be known as the alien property custodian, who shall be empowered to receive all money and property in the United States due or belonging to an enemy, or ally of enemy, which may be paid, conveyed, transferred, assigned, or delivered to said custodian under the provisions of this chapter; and to hold, administer, and account for the same under the general direction of the President and as provided in this chapter. The President may further employ in the District of Columbia and elsewhere and fix the compensation of such clerks, attorneys, investigators, accountants, and other employees as he may find necessary for the due administration of the provisions of this chapter; Provided , That such clerks, investigators, accountants, and other employees shall be appointed from lists of eligibles to be supplied by the Civil Service Commission 1 1 See Transfer of Functions note below. and in accordance with the civil-service law.
Every corporation incorporated within the United States, and every unincorporated association, or company, or trustee, or trustees within the United States, issuing shares or certificates representing beneficial interests, shall, under such rules and regulations as the President may prescribe and, within sixty days after October 6, 1917 , and at such other times thereafter as the President may require, transmit to the alien property custodian a full list, duly sworn to, of every officer, director, or stockholder known to be, or whom the representative of such corporation, association, company, or trustee has reasonable cause to believe to be an enemy or ally of enemy resident within the territory, or a subject or citizen residing outside of the United States, of any nation with which the United States is at war, or resident within the territory, or a subject or citizen residing outside of the United States, of any ally of any nation with which the United States is at war, together with the amount of stock or shares owned by each such officer, director, or stockholder, or in which he has any interest.
The President may also require a similar list to be transmitted of all stock or shares owned on February third, nineteen hundred and seventeen, by any person now defined as an enemy or ally of enemy, or in which any such person had any interest; and he may also require a list to be transmitted of all cases in which said corporation, association, company, or trustee has reasonable cause to believe that the stock or shares on February third, nineteen hundred and seventeen, were owned or are owned by such enemy or ally of enemy, though standing on the books in the name of another: Provided, however , That the name of any such officer, director, or stockholder, shall be stricken permanently or temporarily from such list by the alien property custodian when he shall be satisfied that he is not such enemy or ally of enemy.
Any person in the United States who holds or has or shall hold or have custody or control of any property beneficial or otherwise, alone or jointly with others, of, for, or on behalf of an enemy or ally of enemy, or of any person whom he may have reasonable cause to believe to be an enemy or ally of enemy and any person in the United States who is or shall be indebted in any way to an enemy or ally of enemy, or to any person whom he may have reasonable cause to believe to be an enemy or ally of enemy, shall, with such exceptions and under such rules and regulations as the President shall prescribe, and within thirty days after October 6, 1917 , or within thirty days after such property shall come within his custody or control, or after such debt shall become due, report the fact to the alien-property custodian by written statement under oath containing such particulars as said custodian shall require. The President may also require a similar report of all property so held, of, for, or on behalf of, and of all debts so owed to, any person now defined as an enemy or ally of enemy, on February third, nineteen hundred and seventeen: Provided , That the name of any person shall be stricken from the said report by the alien property custodian, either temporarily or permanently, when he shall be satisfied that such person is not an enemy or ally of enemy. The President may extend the time for filing the lists or reports required by this section for an additional period not exceeding ninety days.
Nothing in this chapter contained shall render valid or legal, or be construed to recognize as valid or legal, any act or transaction constituting trade with, to, from, for or on account of, or on behalf or for the benefit of an enemy performed or engaged in since the beginning of the war and prior to October 6, 1917 , or any such act or transaction hereafter performed or engaged in except as authorized hereunder, which would otherwise have been or be void, illegal, or invalid at law. No conveyance, transfer, delivery, payment, or loan of money or other property, in violation of section 4303 of this title , made after October 6, 1917 , and not under license as herein provided shall confer or create any right or remedy in respect thereof; and no person shall by virtue of any assignment, indorsement, or delivery to him of any debt, bill, note, or other obligation or chose in action by, from, or on behalf of, or on account of, or for the benefit of an enemy or ally of enemy have any right or remedy against the debtor, obligor, or other person liable to pay, fulfill, or perform the same unless said assignment, indorsement, or delivery was made prior to the beginning of the war or shall be made under license as herein provided, or unless, if made after the beginning of the war and prior to October 6, 1917 , the person to whom the same was made shall prove lack of knowledge and of reasonable cause to believe on his part that the same was made by, from or on behalf of, or on account of, or for the benefit of an enemy or ally of enemy; and any person who knowingly pays, discharges, or satisfies any such debt, note, bill, or other obligation or chose in action shall, on conviction thereof, be deemed to violate section 4303 of this title : Provided , That nothing in this chapter contained shall prevent the carrying out, completion, or performance of any contract, agreement, or obligation originally made with or entered into by an enemy or ally of enemy where, prior to the beginning of the war and not in contemplation thereof, the interest of such enemy or ally of enemy devolved by assignment or otherwise upon a person not an enemy or ally of enemy, and no enemy or ally of enemy will be benefited by such carrying out, completion, or performance otherwise than by release from obligation thereunder.
Nothing in this chapter shall be deemed to prevent payment of money belonging or owing to an enemy or ally of enemy to a person within the United States not an enemy or ally of enemy, for the benefit of such person or of any other person within the United States, not an enemy or ally of enemy, if the funds so paid shall have been received prior to the beginning of the war and such payments arise out of transactions entered into prior to the beginning of the war, and not in contemplation thereof: Provided , That such payment shall not be made without the license of the President, general or special, as provided in this chapter.
Nothing in this chapter shall be deemed to authorize the prosecution of any suit or action at law or in equity in any court within the United States by an enemy or ally of enemy prior to the end of the war, except as provided in section 4310 of this title : Provided, however , That an enemy or ally of enemy licensed to do business under this chapter may prosecute and maintain any such suit or action so far as the same arises solely out of the business transacted within the United States under such license and so long as such license remains in full force and effect: And provided further , That an enemy or ally of enemy may defend by counsel any suit in equity or action at law which may be brought against him.
Receipt of notice from the President to the effect that he has reasonable ground to believe that any person is an enemy or ally of enemy shall be prima facie defense to any one receiving the same, in any suit or action at law or in equity brought or maintained, or to any right or set-off or recoupment asserted by, such person and based on failure to complete or perform since the beginning of the war any contract or other obligation. In any prosecution under section 4315 of this title proof of receipt of notice from the President to the effect that he has reasonable cause to believe that any person is an enemy or ally of enemy shall be prima facie evidence that the person receiving such notice has reasonable cause to believe such other person to be an enemy or ally of enemy within the meaning of section 4303 of this title .
If the President shall so require any money or other property including (but not thereby limiting the generality of the above) patents, copyrights, applications therefor, and rights to apply for the same, trade marks, choses in action, and rights and claims of every character and description owing or belonging to or held for, by, on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investigation shall determine is so owning or so belongs or is so held, shall be conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian, or the same may be seized by the Alien Property Custodian; and all property thus acquired shall be held, administered and disposed of as elsewhere provided in this chapter.
Any requirement made pursuant to this chapter, or a duly certified copy thereof, may be filed, registered, or recorded in any office for the filing, registering, or recording of conveyances, transfers, or assignments of any such property or rights as may be covered by such requirement (including the proper office for filing, registering, or recording conveyances, transfers, or assignments of patents, copyrights, trade-marks, or any rights therein or any other rights); and if so filed, registered, or recorded shall impart the same notice and have the same force and effect as a duly executed conveyance, transfer, or assignment to the Alien Property Custodian so filed, registered, or recorded.
Whenever any such property shall consist of shares of stock or other beneficial interest in any corporation, association, or company or trust, it shall be the duty of the corporation, association, or company or trustee or trustees issuing such shares or any certificates or other instruments representing the same or any other beneficial interest to cancel upon its, his, or their books all shares of stock or other beneficial interest standing upon its, his, or their books in the name of any person or persons, or held for, on account of, or on behalf of, or for the benefit of any person or persons who shall have been determined by the President, after investigation, to be an enemy or ally of enemy, and which shall have been required to be conveyed, transferred, assigned, or delivered to the Alien Property Custodian or seized by him, and in lieu thereof to issue certificates or other instruments for such shares or other beneficial interest to the Alien Property Custodian or otherwise, as the Alien Property Custodian shall require.
The sole relief and remedy of any person having any claim to any money or other property heretofore or hereafter conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian, or required so to be, or seized by him shall be that provided by the terms of this chapter, and in the event of sale or other disposition of such property by the Alien Property Custodian, shall be limited to and enforced against the net proceeds received therefrom and held by the Alien Property Custodian or by the Treasurer of the United States.
If not required to pay, convey, transfer, assign, or deliver under the provisions of subsection (c) of this section, any person not an enemy or ally of enemy who owes to, or holds for, or on account of, or on behalf of, or for the benefit of an enemy or of an ally of enemy not holding a license granted by the President hereunder, any money or other property, or to whom any obligation or form of liability to such enemy or ally of enemy is presented for payment, may, at his option, with the consent of the President, pay, convey, transfer, assign, or deliver to the alien property custodian said money or other property under such rules and regulations as the President shall prescribe.
No person shall be held liable in any court for or in respect to anything done or omitted in pursuance of any order, rule, or regulation made by the President under the authority of this chapter.
Any payment, conveyance, transfer, assignment, or delivery of money or property made to the alien property custodian hereunder shall be a full acquittance and discharge for all purposes of the obligation of the person making the same to the extent of same. The alien property custodian and such other persons as the President may appoint shall have power to execute, acknowledge, and deliver any such instrument or instruments as may be necessary or proper to evidence upon the record or otherwise such acquittance and discharge, and shall, in case of payment to the alien property custodian of any debt or obligation owed to an enemy or ally of enemy, deliver up any notes, bonds, or other evidences of indebtedness or obligation, or any security therefor in which such enemy or ally of enemy had any right or interest that may have come into the possession of the alien property custodian, with like effect as if he or they, respectively, were duly appointed by the enemy or ally of enemy, creditor, or obligee. The President shall issue to every person so appointed a certificate of the appointment and authority of such person, and such certificate shall be received in evidence in all courts within the United States. Whenever any such certificate of authority shall be offered to any registrar, clerk, or other recording officer, Federal or otherwise, within the United States, such officer shall record the same in like manner as a power of attorney, and such record or a duly certified copy thereof shall be received in evidence in all courts of the United States or other courts within the United States.
Any person not an enemy or ally of enemy holding a lawful mortgage, pledge, or lien, or other right in the nature of security in property of an enemy or ally of enemy which, by law or by the terms of the instrument creating such mortgage, pledge, or lien, or right, may be disposed of on notice or presentation or demand, and any person not an enemy or ally of enemy who is a party to any lawful contract with an enemy or ally of enemy, the terms of which provide for a termination thereof upon notice or for acceleration of maturity on presentation or demand, may continue to hold said property, and, after default, may dispose of the property in accordance with law or may terminate or mature such contract by notice or presentation or demand served or made on the alien property custodian in accordance with the law and the terms of such instrument or contract and under such rules and regulations as the President shall prescribe; and such notice and such presentation and demand shall have, in all respects, the same force and effect as if duly served or made upon the enemy or ally of enemy personally: Provided , That no such rule or regulation shall require that notice or presentation or demand shall be served or made in any case in which, by law or by the terms of said instrument or contract, no notice, presentation, or demand was, prior to October 6, 1917 , required; and that in case were, by law or by the terms of such instrument or contract, notice is required, no longer period of notice shall be required: Provided further , That if, on any such disposition of property, a surplus shall remain after the satisfaction of the mortgage, pledge, lien, or other right in the nature of security, notice of that fact shall be given to the President pursuant to such rules and regulations as he may prescribe, and such surplus shall be held subject to his further order.
Any contract entered into prior to the beginning of the war between any citizen of the United States or any corporation organized within the United States, and an enemy or ally of an enemy, the terms of which provide for the delivery, during or after any war in which a present enemy or ally of enemy nation has been or is now engaged, of anything produced, mined, or manufactured in the United States, may be abrogated by such citizen or corporation by serving thirty days’ notice in writing upon the alien property custodian of his or its election to abrogate such contract.
The running of any statute of limitations shall be suspended with reference to the rights or remedies on any contract or obligation entered into prior to the beginning of the war between parties neither of whom is an enemy or ally of enemy, and containing any promise to pay or liability for payment which is evidenced by drafts or other commercial paper drawn against or secured by funds or other property situated in an enemy or ally of enemy country, and no suit shall be maintained on any such contract or obligation in any court within the United States until after the end of the war, or until the said funds or property shall be released for the payment or satisfaction of such contract or obligation: Provided, however , That nothing herein contained shall be construed to prevent the suspension of the running of the statute of limitations in all other cases where such suspension would occur under existing law.
Any person not an enemy or ally of enemy claiming any interest, right, or title in any money or other property which may have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, or to whom any debt may be owing from an enemy or ally of enemy whose property or any part thereof shall have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States may file with the said custodian a notice of his claim under oath and in such form and containing such particulars as the said custodian shall require; and the President, if application is made therefor by the claimant, may order the payment, conveyance, transfer, assignment, or delivery to said claimant of the money or other property so held by the Alien Property Custodian or by the Treasurer of the United States, or of the interest therein to which the President shall determine said claimant is entitled: Provided , That no such order by the President shall bar any person from the prosecution of any suit at law or in equity against the claimant to establish any right, title, or interest which he may have in such money or other property. If the President shall not so order within sixty days after the filing of such application or if the claimant shall have filed the notice as above required and shall have made no application to the President, said claimant may institute a suit in equity in the United States District Court for the District of Columbia or in the district court of the United States for the district in which such claimant resides, or, if a corporation, where it has its principal place of business (to which suit the Alien Property Custodian or the Treasurer of the United States, as the case may be, shall be made a party defendant), to establish the interest, right, title, or debt so claimed, and if so established the court shall order the payment, conveyance, transfer, assignment, or delivery to said claimant of the money or other property so held by the Alien Property Custodian or by the Treasurer of the United States or the interest therein to which the court shall determine said claimant is entitled. If suit shall be so instituted, then such money or property shall be retained in the custody of the Alien Property Custodian, or in the Treasury of the United States, as provided in this chapter, and until any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied by payment or conveyance, transfer, assignment, or delivery by the defendant, or by the Alien Property Custodian, or Treasurer of the United States on order of the court, or until final judgment or decree shall be entered against the claimant or suit otherwise terminated: Provided further , That upon a determination made by the President, in time of war or during any national emergency declared by the President, that the interest and welfare of the United States require the sale of any property or interest or any part thereof claimed in any suit filed under this subsection and pending on or after October 22, 1962 , the Alien Property Custodian or any successor officer, or agency may sell such property or interest or part thereof, in conformity with law applicable to sales of property by him, at any time prior to the entry of final judgment in such suit. No such sale shall be made until thirty days have passed after the publication of notice in the Federal Register of the intention to sell. The net proceeds of any such sale shall be deposited in a special account established in the Treasury, and shall be held in trust by the Secretary of the Treasury pending the entry of final judgment in such suit. Any recovery of any claimant in any such suit in respect of the property or interest or part thereof so sold shall be satisfied from the net proceeds of such sale unless such claimant, within sixty days after receipt of notice of the amount of net proceeds of sale serves upon the Alien Property Custodian, or any successor officer or agency, and files with the court an election to waive all claims to the net proceeds, or any part thereof, and to claim just compensation instead. If the court finds that the claimant has established an interest, right, or title in any property in respect of which such an election has been served and filed, it shall proceed to determine the amount which will constitute just compensation for such interest, right, or title, and shall order payment to the claimant of the amount so determined. An order for the payment of just compensation hereunder shall be a judgment against the United States and shall be payable first from the net proceeds of the sale in an amount not to exceed the amount the claimant would have received had he elected to accept his proportionate part of the net proceeds of the sale, and the balance, if any, shall be payable in the same manner as are judgments in cases arising under section 1346 of title 28 . The Alien Property Custodian or any successor officer or agency shall, immediately upon the entry of final judgment, notify the Secretary of the Treasury of the determination by final judgment of the claimant’s interest and right to the proportionate part of the net proceeds from the sale, and the final determination by judgment of the amount of just compensation in the event the claimant has elected to recover just compensation for the interest in the property he claimed.
In respect of all money or other property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, if the President shall determine that the owner thereof at the time such money or other property was required to be so conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or at the time when it was voluntarily delivered to him or was seized by him was—
A citizen or subject of any nation or State or free city other than Germany or Austria or Hungary or Austria-Hungary, and is at the time of the return of such money or other property hereunder a citizen or subject of any such nation or State or free city; or
A woman who, at the time of her marriage, was a subject or citizen of a nation which has remained neutral in the war, or of a nation which was associated with the United States in the prosecution of said war, and who, prior to April 6, 1917, intermarried with a subject or citizen of Germany or Austria-Hungary and that the money or other property concerned was not acquired by such woman, either directly or indirectly from any subject or citizen of Germany or Austria-Hungary subsequent to January 1, 1917; or
A woman who at the time of her marriage was a citizen of the United States, and who prior to April 6, 1917, intermarried with a subject or citizen of Germany or Austria-Hungary, and that the money or other property concerned, was not acquired by such woman, either directly or indirectly, from any subject or citizen of Germany or Austria-Hungary subsequent to January 1, 1917; or who was a daughter of a resident citizen of the United States and herself a resident or former resident thereof, or the minor daughter or daughters of such woman, she being deceased; or
An individual who was at such time a citizen or subject of Germany, Austria, Hungary, or Austria-Hungary, or not a citizen or subject of any nation, state or free city, and that the money or other property concerned was acquired by such individual while a bona fide resident of the United States, and that such individual, on January 1, 1926, and at the time of the return of the money or other property, shall be a bona fide resident of the United States; or
Any individual who at such time was not a subject or citizen of Germany, Austria, Hungary, or Austria-Hungary, and who is now a citizen or subject of a neutral or allied country: Provided, however, That nothing contained herein shall be construed as limiting or abrogating any existing rights of an individual under the provisions of this chapter; or
A citizen or subject of Germany or Austria or Hungary or Austria-Hungary and was at the time of the severance of diplomatic relations between the United States and such nations, respectively, accredited to the United States as a diplomatic or consular officer of any such nation, or the wife or minor child of such officer, and that the money or other property concerned was within the territory of the United States by reason of the service of such officer in such capacity; or
A citizen or subject of Germany or Austria-Hungary, who by virtue of the provisions of sections 21 to 24 of this title and of the proclamations and regulations thereunder, was transferred, after arrest, into the custody of the War Department of the United States for detention during the war and is at the time of the return of his money or other property hereunder living within the United States; or
A partnership, association, or other unincorporated body of individuals outside the United States, or a corporation incorporated within any country other than the United States, and was entirely owned at such time by subjects or citizens of nations, States, or free cities other than Germany or Austria or Hungary or Austria-Hungary and is so owned at the time of the return of its money or other property hereunder; or
The Government of Bulgaria or Turkey, or any political or municipal subdivision thereof; or
The Government of Germany or Austria or Hungary or Austria-Hungary, and that the money or other property concerned was the diplomatic or consular property of such Government; or
An individual who was at such time a citizen or subject of Germany, Austria, Hungary, or Austria-Hungary, or who is not a citizen or subject of any nation, State or free city, and that such money or other property, or the proceeds thereof, if the same has been converted, does not exceed in value the sum of $10,000, or although exceeding in value the sum of $10,000 is nevertheless susceptible of division, and the part thereof to be returned hereunder does not exceed in value the sum of $10,000: Provided, That an individual shall not be entitled, under this paragraph, to the return of any money or other property owned by a partnership, association, unincorporated body of individuals, or corporation at the time it was conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him hereunder; or
A partnership, association, other unincorporated body of individuals, or corporation, and that it is not otherwise entitled to the return of its money or other property, or any part thereof, under this section, and that such money or other property, or the proceeds thereof, if the same has been converted, does not exceed in value the sum of $10,000, or although exceeding in value the sum of $10,000, is nevertheless susceptible of division, and the part thereof to be returned hereunder does not exceed in value the sum of $10,000; or
A partnership, association, or other unincorporated body of individuals, having its principal place of business within any country other than Germany, Austria, Hungary, or Austria-Hungary, or a corporation, organized or incorporated within any country other than Germany, Austria, Hungary, or Austria-Hungary, and that the control of, or more than 50 per centum of the interests or voting power in, any such partnership, association, other unincorporated body of individuals, or corporation, was at such time, and is at the time of the return of any money or other property, vested in citizens or subjects of nations, States, or free cities other than Germany, Austria, Hungary, or Austria-Hungary: Provided, however, That this subsection shall not affect any rights which any citizen or subject may have under paragraph (1) of this subsection; or
A partnership, association, or other unincorporated body of individuals, or a corporation, and was entirely owned at such time by subjects or citizens of nations, States, or free cities other than Austria or Hungary, or Austria-Hungary and is so owned at the time of the return of its money or other property, and has filed the written consent provided for in subsection (m); or
A partnership, association, or other unincorporated body of individuals, having its principal place of business at such time within any country other than Austria, Hungary, or Austria-Hungary, or a corporation organized or incorporated within any country other than Austria, Hungary, or Austria-Hungary, and that the written consent provided for in subsection (m) has been filed; or
An individual who at such time was a citizen or subject of Germany or who, at the time of the return of any money or other property, is a citizen or subject of Germany or is not a citizen or subject of any nation, State, or free city, and that the written consent provided for in subsection (m) has been filed; or
Repealed. Aug. 6, 1956, ch. 1016, § 3, 70 Stat. 1073.
An individual, partnership, association, or other unincorporated body of individuals, or a corporation, and that the written consent provided for in subsection (m) has been filed, and that no suit or proceeding against the United States or any agency thereof is pending in respect of such return, and that such individual has filed a written waiver renouncing on behalf of himself, his heirs, successors, and assigns any claim based upon the fact that at the time of such return he was in fact entitled to such return under any other provision of this chapter; or
A partnership, association, or other unincorporated body of individuals, or a corporation, and was entirely owned at such time by citizens of Austria and is so owned at the time of the return of its money or other property; or
A partnership, association, or other unincorporated body of individuals, having its principal place of business at such time within Austria, or a corporation organized or incorporated within Austria; or
An individual who at such time was a citizen of Austria or who, at the time of the return of any money or other property, is a citizen of Austria; or
A partnership, association, or other unincorporated body of individuals, or a corporation, and was entirely owned at such time by citizens of Hungary and is so owned at the time of the return of its money or other property; or
A partnership, association, or other unincorporated body of individuals, having its principal place of business at such time within Hungary, or a corporation organized or incorporated within Hungary; or
An individual who at such time was a citizen of Hungary or who, at the time of the return of any money or other property, is a citizen of Hungary;
Then the President, without any application being made therefor, may order the payment, conveyance, transfer, assignment, or delivery of such money or other property held by the Alien Property Custodian or by the Treasurer of the United States, or of the interest therein to which the President shall determine such person entitled, either to the said owner or to the person by whom said property was conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian: Provided , That no person shall be deemed or held to be a citizen or subject of Germany or Austria or Hungary or Austria-Hungary for the purposes of this section, even though he was such citizen or subject at the time first specified in this subsection, if he has become or shall become, ipso facto or through exercise of option, a citizen or subject of any nation or State or free city other than Germany, Austria, or Hungary, (first) under the terms of such treaties of peace as have been or may be concluded subsequent to November 11, 1918 , between Germany or Austria or Hungary (of the one part) and the United States and/or three or more of the following-named powers: The British Empire, France, Italy, and Japan (of the other part), or (second) under the terms of such treaties as have been or may be concluded in pursuance of the treaties of peace aforesaid between any nation, State, or free city (of the one part) whose territories, in whole or in part, on August 4, 1914 , formed a portion of the territory of Germany or Austria-Hungary and the United States and/or three or more of the following-named powers: The British Empire, France, Italy, and Japan (of the other part). For the purposes of this section any citizen or subject of a State or free city which at the time of the proposed return of money or other property of such citizen or subject hereunder forms a part of the territory of any one of the following nations: Germany, Austria, or Hungary, shall be deemed to be a citizen or subject of such nation. And the receipt of the said owner or of the person by whom said money or other property was conveyed, transferred, assigned, delivered, or paid over to the Alien Property Custodian shall be a full acquittance and discharge of the Alien Property Custodian or the Treasurer of the United States, as the case may be, and of the United States in respect to all claims of all persons heretofore or hereafter claiming any right, title, or interest in said money or other property, or compensation or damages arising from the capture of such money or other property by the President or the Alien Property Custodian: Provided further, however , That except as herein provided no such action by the President shall bar any person from the prosecution of any suit at law or in equity to establish any right, title, or interest which he may have therein.
Any person whose money or other property the President is authorized to return under the provisions of subsection (b) hereof may file notice of claim for the return of such money or other property, as provided in subsection (a) hereof, and thereafter may make application to the President for allowance of such claim and/or may institute suit in equity to recover such money or other property, as provided in said subsection, and with like effect. The President or the court, as the case may be, may make the same determinations with respect to citizenship and other relevant facts that the President is authorized to make under the provisions of subsection (b) hereof.
Whenever an individual, deceased, would have been entitled, if living, to the return of any money or other property without filing the written consent provided for in subsection (m), then his legal representative may proceed for the return of such money or other property in the same manner as such individual might proceed if living, and such money or other property may be returned to such legal representative without requiring the appointment of an administrator, or an ancillary administrator, by a court in the United States, or to any such ancillary administrator, for distribution directly to the persons entitled thereto. Return in accordance with the provisions of this subsection may be made in any case where an application or court proceeding by any legal representative, under the provisions of this subsection before its amendment by the Settlement of War Claims Act of 1928 is pending and undetermined at the time of the enactment of such Act. All bonds or other security given under the provisions of this subsection before such amendment shall be canceled or released and all sureties thereon discharged.
No money or other property shall be returned nor any debt allowed under this section to any person who is a citizen or subject of any nation which was associated with the United States in the prosecution of the war, unless such nation in like case extends reciprocal rights to citizens of the United States: Provided , That any arrangement made by a foreign nation for the release of money and other property of American citizens and certified by the Secretary of State to the Attorney General as fair and the most advantageous arrangement obtainable shall be regarded as meeting this requirement; nor in any event shall a debt be allowed under this section unless it was owing to and owned by the claimant prior to October 6, 1917 , and as to claimants other than citizens of the United States unless it arose with reference to the money or other property held by the Alien Property Custodian or Treasurer of the United States hereunder; nor shall a debt be allowed under this section unless notice of the claim has been filed, or application therefor has been made, prior to March 10, 1928 .
Except as herein provided, the money or other property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, shall not be liable to lien, attachment, garnishment, trustee process, or execution, or subject to any order or decree of any court.
Whenever an individual, deceased, would have been entitled, if living, to the return of any money or other property upon filing the written consent provided for in subsection (m), then his legal representative may proceed for the return of such money or other property in the same manner as such individual might proceed if living, and such money or other property may be returned, upon filing the written consent provided for in subsection (m), to such legal representative without requiring the appointment of an administrator, or an ancillary administrator, by a court in the United States, or to any such ancillary administrator, for distribution to the persons entitled thereto. This subsection shall not be construed as extinguishing or diminishing any right which any citizen of the United States may have had under this subsection prior to its amendment by the Settlement of War Claims Act of 1928 to receive in full his interest in the property of any individual dying before such amendment.
The aggregate value of the money or other property returned under paragraphs (9) and (10) of subsection (b) to any one person, irrespective of the number of trusts involved, shall in no case exceed $10,000.
For the purposes of paragraphs (9) and (10) of subsection (b) of this section accumulated net income, dividends, interest, annuities, and other earnings, shall be considered as part of the principal.
The Alien Property Custodian is authorized and directed to return to the person entitled thereto, whether or not an enemy or ally of enemy and regardless of the value, any patent, trademark, print, label, copyright, or right therein or claim thereto, which was conveyed, transferred, assigned, or delivered to the Alien Property Custodian, or seized by him, and which has not been sold, licensed, or otherwise disposed of under the provisions of this chapter, and to return any such patent, trademark, print, label, copyright, or right therein or claim thereto, which has been licensed, except that any patent, trade-mark, print, label, copyright, or right therein or claim thereto, which is returned by the Alien Property Custodian and which has been licensed, or in respect of which any contract has been entered into, or which is subject to any lien or encumbrance, shall be returned subject to the license, contract, lien, or encumbrance.
Except as provided in section 4324 of this title , paragraphs (12) to (22), both inclusive, of subsection (b) of this section shall apply to the proceeds received from the sale, license, or other disposition of any patent, trademark, print, label, copyright, or right therein or claim thereto, conveyed, transferred, assigned, or delivered to the Alien Property Custodian, or seized by him.
This section shall apply to royalties paid to the Alien Property Custodian, in accordance with a judgment or decree in a suit brought under subsection (f) of section 4310 of this title ; but shall not apply to any other money paid to the Alien Property Custodian under section 4310 of this title .
No money or other property shall be returned under paragraph (12), (13), (14), or (16) of subsection (b) or under subsection (g) or (n) or (to the extent therein provided) under subsection (p), unless the person entitled thereto files a written consent to a postponement of the return of an amount equal to 20 per centum of the aggregate value of such money or other property (at the time, as nearly as may be, of the return), as determined by the Alien Property Custodian, and the investment of such amount in accordance with the provisions of section 4322 of this title . Such amount shall be deducted from the money to be returned to such person, so far as possible, and the balance shall be deducted from the proceeds of the sale of so much of the property as may be necessary, unless such person pays the balance to the Alien Property Custodian, except that no property shall be sold prior to the expiration of six years from March 10, 1928 , without the consent of the person entitled thereto. The amounts so deducted shall be returned to the persons entitled thereto as provided in subsection (f) of section 4322 of this title . The sale of any such property shall be made in accordance with the provisions of section 4312 of this title , except that the provisions of such section relating to sales or resales to, or for the benefit of, citizens of the United States shall not be applicable. If such aggregate value of the money or other property to be returned under paragraph (12), (13), (14), or (16) of subsection (b) or under subsection (g) is less than $2,000, then the written consent shall not be required and the money or other property shall be returned in full without the temporary retention and investment of 20 per centum thereof.
In the case of property consisting of stock or other interest in any corporation, association, company, or trust, or of bonded or other indebtedness thereof, evidenced by certificates of stock or by bonds or by other certificates of interest therein or indebtedness thereof, or consisting of dividends or interest or other accruals thereon, where the right, title, and interest in the property (but not the actual certificate or bond or other certificate of interest or indebtedness) was conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him, if the President determines that the owner thereof or of any interest therein has acquired such ownership by assignment, transfer, or sale of such certificate or bond or other certificate of interest or indebtedness, (it being the intent of this subsection that such assignment, transfer, or sale shall not be deemed invalid hereunder by reason of such conveyance, transfer, assignment, delivery, or payment to the Alien Property Custodian or seizure by him) and that the written consent provided for in subsection (m) has been filed, then the President may make in respect of such property an order of the same character, upon the same conditions, and with the same effect, as in cases provided for in subsection (b), including the benefits of subsection (c).
The provisions of paragraph (12), (13), (14), (17), (18), (19), (20), (21), or (22) of subsection (b), or of subsection (m) or (n) of this section, and (except to the extent therein provided) the provisions of paragraph (16) of subsection (b), shall not be construed as diminishing or extinguishing any right under any other provision of this chapter in force immediately prior to the enactment of the Settlement of War Claims Act of 1928.
The Alien Property Custodian shall transfer the money or other property in the trust of any partnership, association, or other unincorporated body of individuals, or corporation, the existence of which has terminated, to trusts in the names of the persons (including the German Government and members of the former ruling family) who have succeeded to its claim or interest; and the provisions of subsection (a) of this section relating to the collection of a debt (by order of the President or of a court) out of money or other property held by the Alien Property Custodian or the Treasurer of the United States shall be applicable to the debts of such successor and any such debt may be collected out of the money or other property in any of such trusts if not returnable under subsection (a) of this section. Subject to the above provisions as to the collection of debts, each such successor (except the German Government and members of the former ruling family) may proceed for the return of the amount so transferred to his trust, in the same manner as such partnership, association, or other unincorporated body of individuals, or corporation might proceed if still in existence. If such partnership, association, or other unincorporated body of individuals, or corporation, would have been entitled to the return of its money or other property only upon filing the written consent provided for in subsection (m), then the successor shall be entitled to the return under this subsection only upon filing such written consent.
The return of money or other property under paragraph (15), (17), (18), (19), (20), (21), or (22) of subsection (b) (relating to the return of Austrian and Hungarian nationals) shall be subject to the limitations imposed by subsections (d) and (e) of section 7 of the Settlement of War Claims Act of 1928.
In subsec. (a), act June 25, 1936, substituted “the district court of the United States for the District of Columbia” for “the Supreme Court of the District of Columbia”, and act June 25, 1948, as amended by act May 24, 1949, substituted “United States District Court for the District of Columbia” for “district court of the United States for the District of Columbia”.
Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.
Nothing contained in this chapter shall be held to make unlawful any of the following acts:
Repealed. Aug. 8, 1946, ch. 910, § 13, 60 Stat. 944.
Any citizen of the United States, or any corporation organized within the United States, may, when duly authorized by the President, pay to an enemy or ally of enemy any tax, annuity, or fee which may be required by the laws of such enemy or ally of enemy nation in relation to patents and trade-marks, prints, labels, and copyrights; and any such citizen or corporation may file and prosecute an application for letters patent or for registration of trade-mark, print, label, or copyright in the country of an enemy, or of an ally of enemy after first submitting such application to the President and receiving license so to file and prosecute, and to pay the fees required by law and customary agents’ fees, the maximum amount of which in each case shall be subject to the control of the President.
Any citizen of the United States or any corporation organized within the United States desiring to manufacture, or cause to be manufactured, a machine, manufacture, composition of matter, or design, or to carry on, or to use any trade-mark, print, label or cause to be carried on, a process under any patent or copyrighted matter owned or controlled by an enemy or ally of enemy at any time during the existence of a state of war may apply to the President for a license; and the President is authorized to grant such a license, nonexclusive or exclusive as he shall deem best, provided he shall be of the opinion that such grant is for the public welfare, and that the applicant is able and intends in good faith to manufacture, or cause to be manufactured, the machine, manufacture, composition of matter, or design, or to carry on, or cause to be carried on, the process or to use the trade-mark, print, label or copyrighted matter. The President may prescribe the conditions of this license, including the fixing of prices of articles and products necessary to the health of the military and naval forces of the United States or the successful prosecution of the war, and the rules and regulations under which such license may be granted and the fee which shall be charged therefor, not exceeding $100, and not exceeding one per centum of the fund deposited as hereinafter provided. Such license shall be a complete defense to any suit at law or in equity instituted by the enemy or ally of enemy owners of the letters patent, trade-mark, print, label or copyright, or otherwise, against the licensee for infringement or for damages, royalty, or other money award on account of anything done by the licensee under such license, except as provided in subsection (f) hereof.
The licensee shall file with the President a full statement of the extent of the use and enjoyment of the license, and of the prices received in such form and at such stated periods (at least annually) as the President may prescribe; and the licensee shall pay at such times as may be required to the alien property custodian not to exceed five per centum of the gross sums received by the licensee from the sale of said inventions or use of the trade-mark, print, label or copyrighted matter, or, if the President shall so order, five per centum of the value of the use of such inventions, trade-marks, prints, labels or copyrighted matter to the licensee as established by the President; and sums so paid shall be deposited by said alien property custodian forthwith in the Treasury of the United States as a trust fund for the said licensee and for the owner of the said patent, trade-mark, print, label or copyright registration as hereinafter provided, to be paid from the Treasury upon order of the court, as provided in subsection (f) of this section, or upon the direction of the alien property custodian.
Unless surrendered or terminated as provided in this chapter, any license granted hereunder shall continue during the term fixed in the license or in the absence of any such limitation during the term of the patent, trade-mark, print, label, or copyright registration under which it is granted. Upon violation by the licensee of any of the provisions of this chapter, or of the conditions of the license, the President may, after due notice and hearing, cancel any license granted by him.
The owner of any patent, trade-mark, print, label, or copyright under which a license is granted hereunder may, after the end of the war and until the expiration of one year thereafter, file a bill in equity against the licensee in the district court of the United States for the district in which the said licensee resides, or, if a corporation, in which it has its principal place of business (to which suit the Treasurer of the United States shall be made a party), for recovery from the said licensee for all use and enjoyment of the said patented invention, trade-mark, print, label, or copyrighted matter: Provided, however, That whenever suit is brought, as above, notice shall be filed with the alien property custodian within thirty days after date of entry of suit: Provided further, That the licensee may make any and all defenses which would be available were no license granted. The court on due proceedings had may adjudge and decree to the said owner payment of a reasonable royalty. The amount of said judgment and decree, when final, shall be paid on order of the court to the owner of the patent from the fund deposited by the licensee, so far as such deposit will satisfy said judgment and decree; and the said payment shall be in full or partial satisfaction of said judgment and decree, as the facts may appear; and if, after payment of all such judgments and decrees, there shall remain any balance of said deposit, such balance shall be repaid to the licensee on order of the alien property custodian. If no suit is brought within one year after the end of the war, or no notice is filed as above required, then the licensee shall not be liable to make any further deposits, and all funds deposited by him shall be repaid to him on order of the alien property custodian. Upon entry of suit and notice filed as above required, or upon repayment of funds as above provided, the liability of the licensee to make further reports to the President shall cease.
If suit is brought as above provided, the court may, at any time, terminate the license, and may, in such event, issue an injunction to restrain the licensee from infringement thereafter, or the court, in case the licensee, prior to suit, shall have made investment of capital based on possession of the license, may continue the license for such period and upon such terms and with such royalties as it shall find to be just and reasonable.
In the case of any such patent, trade-mark, print, label, or copyright, conveyed, assigned, transferred, or delivered to the Alien Property Custodian or seized by him, any suit brought under this subsection, within the time limited therein, shall be considered as having been brought by the owner within the meaning of this subsection, in so far as such suit relates to royalties for the period prior to the sale by the Alien Property Custodian of such patent, trade-mark, print, label, or copyright, if brought either by the Alien Property Custodian or by the person who was the owner thereof immediately prior to the date such patent, trade-mark, print, label, or copyright was seized or otherwise acquired by the Alien Property Custodian.
Any enemy, or ally of enemy, may institute and prosecute suits in equity against any person other than a licensee under this chapter to enjoin infringement of letters patent, trade-mark, print, label, and copyrights in the United States owned or controlled by said enemy or ally of enemy, in the same manner and to the extent that he would be entitled so to do if the United States was not at war: Provided, That no final judgment or decree shall be entered in favor of such enemy or ally of enemy by any court except after thirty days’ notice to the alien property custodian. Such notice shall be in writing and shall be served in the same manner as civil process of Federal courts.
All powers of attorney heretofore or hereafter granted by an enemy or ally of enemy to any person within the United States, in so far as they may be requisite to the performance of acts authorized in subsections (a) and (g) of this section, shall be valid.
Whenever the publication of an invention by the granting of a patent may, in the opinion of the President, be detrimental to the public safety or defense, or may assist the enemy or endanger the successful prosecution of the war, he may order that the invention be kept secret and withhold the grant of a patent until the end of the war: Provided, That the invention disclosed in the application for said patent may be held abandoned upon it being established before or by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office that, in violation of said order, said invention has been published or that an application for a patent therefor has been filed in any other country, by the inventor or his assigns or legal representatives, without the consent or approval of the commissioner or under a license of the President.
When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the President above referred to shall tender his invention to the Government of the United States for its use, he shall, if he ultimately receives a patent, have the right to sue for compensation in the United States Court of Federal Claims, such right to compensation to begin from the date of the use of the invention by the Government.
Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.
Whenever during the present war the President shall find that the public safety so requires and shall make proclamation thereof it shall be unlawful to import into the United States from any country named in such proclamation any article or articles mentioned in such proclamation except at such time or times, and under such regulations or orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however , That no preference shall be given to the ports of one State over those of another.
All moneys (including checks and drafts payable on demand) paid to or received by the alien property custodian pursuant to this chapter shall be deposited forthwith in the Treasury of the United States, and may be invested and reinvested by the Secretary of the Treasury in United States bonds or United States certificates of indebtedness, under such rules and regulations as the President shall prescribe for such deposit, investment, and sale of securities; and as soon after the end of the war as the President shall deem practicable, such securities shall be sold and the proceeds deposited in the Treasury.
All other property of an enemy, or ally of enemy, conveyed, transferred, assigned, delivered, or paid to the alien property custodian hereunder shall be safely held and administered by him except as hereinafter provided; and the President is authorized to designate as a depositary, or depositaries, of property of an enemy or ally of enemy, any bank, or banks, or trust company, or trust companies, or other suitable depositary or depositaries, located and doing business in the United States. The alien property custodian may deposit with such designated depositary or depositaries, or with the Secretary of the Treasury, any stocks, bonds, notes, time drafts, time bills of exchange, or other securities, or property (except money or checks or drafts payable on demand which are required to be deposited with the Secretary of the Treasury) and such depositary or depositaries shall be authorized and empowered to collect any dividends or interest or income that may become due and any maturing obligations held for the account of such custodian. Any moneys collected on said account shall be paid and deposited forthwith by said depositary or by the alien property custodian into the Treasury of the United States as hereinbefore provided.
The President shall require all such designated depositaries to execute and file bonds sufficient in his judgment to protect property on deposit, such bonds to be conditioned as he may direct.
The alien property custodian shall be vested with all of the powers of a common-law trustee in respect of all property, other than money, which has been or shall be, or which has been or shall be required to be, conveyed, transferred, assigned, delivered, or paid over to him in pursuance of the provisions of this chapter, and, in addition thereto, acting under the supervision and direction of the President, and under such rules and regulations as the President shall prescribe, shall have power to manage such property and do any act or things in respect thereof or make any disposition thereof or of any part thereof, by sale or otherwise, and exercise any rights or powers which may be or become appurtenant thereto or to the ownership thereof in like manner as though he were the absolute owner thereof: Provided , That any property sold under this chapter except when sold to the United States, shall be sold only to American citizens, at public sale to the highest bidder, after public advertisement of time and place of sale which shall be where the property or a major portion thereof is situated, unless the President stating the reasons therefor, in the public interest shall otherwise determine: Provided further , That when sold at public sale, the alien property custodian upon the order of the President stating the reasons therefor, shall have the right to reject all bids and resell such property at public sale or otherwise as the President may direct. Any person purchasing property from the alien property custodian for an undisclosed principal, or for re-sale to a person not a citizen of the United States, or for the benefit of a person not a citizen of the United States, shall be guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not more than $10,000, or imprisonment for not more than ten years, or both, and the property shall be forfeited to the United States. It shall be the duty of every corporation incorporated within the United States and every unincorporated association, or company, or trustee, or trustees within the United States issuing shares or certificates representing beneficial interests to transfer such shares or certificates upon its, his, or their books into the name of the alien property custodian upon demand, accompanied by the presentation of the certificates which represent such shares or beneficial interests. The alien property custodian shall forthwith deposit in the Treasury of the United States, as hereinbefore provided, the proceeds of any such property or rights so sold by him.
Any money or property required or authorized by the provisions of this chapter to be paid, conveyed, transferred, assigned, or delivered to the alien property custodian shall, if said custodian shall so direct by written order, be paid, conveyed, transferred, assigned, or delivered to the Treasurer of the United States with the same effect as if to the alien property custodian.
After the end of the war any claim of any enemy or of an ally of enemy to any money or other property received and held by the alien property custodian or deposited in the United States Treasury, shall be settled as Congress shall direct: Provided, however , That on order of the President as set forth in section 4309 of this title , or of the court, as set forth in sections 4309 and 4310 of this title, the alien property custodian or the Treasurer of the United States, as the case may be, shall forthwith convey, transfer, assign, and pay to the person to whom the President shall so order, or in whose behalf the court shall enter final judgment or decree, any property of an enemy or ally of enemy held by said custodian or by said Treasurer, so far as may be necessary to comply with said order of the President or said final judgment or decree of the court: And provided further , That the Treasurer of the United States, on order of the alien property custodian shall, as provided in section 4310 of this title , repay to the licensee any funds deposited by said licensee.
During the present war, in addition to the facts required by section 60105 of title 46 , and sections forty-one hundred and ninety-eight, 1 1 See References in Text note below. and forty-two hundred 1 of the Revised Statutes, as amended by the Act of June fifteenth, nineteen hundred and seventeen, to be set out in the master’s and shipper’s manifests before clearance will be issued to vessels bound to foreign ports, the master or person in charge of any vessel, before departure of such vessel from port, shall deliver to the collector of customs of the district wherein such vessel is located a statement duly verified by oath that the cargo is not shipped or to be delivered in violation of this chapter, and the owners, shippers, or consignors of the cargo of such vessels shall in like manner deliver to the collector like statement under oath as to the cargo or the parts thereof laden or shipped by them, respectively, which statement shall contain also the names and addresses of the actual consignees of the cargo, or if the shipment is made to a bank or other broker, factor, or agent, the names and addresses of the persons who are the actual consignees on whose account the shipment is made. The master or person in control of the vessel shall, on reaching port of destination of any of the cargo, deliver a copy of the manifest and of the said master’s, owner’s shipper’s, or consignor’s statement to the American consular officer of the district in which the cargo is unladen.
During the present war, whenever there is reasonable cause to believe that the manifest or the additional statements under oath required by section 4313 of this title are false or that any vessel, domestic or foreign, is about to carry out of the United States any property to or for the account or benefit of an enemy, or ally of enemy, or any property or person whose export, taking out, or transport will be in violation of law, the collector of customs for the district in which such vessel is located is authorized and empowered subject to review by the President to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart.
The collector of customs shall, during the present war, in each case report to the President the amount of gold or silver coin or bullion or other moneys of the United States contained in any cargo intended for export. Such report shall include the names and addresses of the consignors and consignees, together with any facts known to the collector with reference to such shipment and particularly those which may indicate that such gold or silver coin or bullion or moneys of the United States may be intended for delivery or may be delivered, directly or indirectly, to an enemy or an ally of enemy.
Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of the chapter shall, upon conviction, be fined not more than $1,000,000, or if a natural person, be imprisoned for not more than 20 years, or both.
A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter.
Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the direction of the Secretary of the Treasury, be forfeited to the United States Government.
Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.
Upon conviction, any property, funds, securities, papers, or other articles or documents, or any vessel, together with tackle, apparel, furniture, and equipment, concerned in any violation of subsection (a) may be forfeited to the United States.
An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.
For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.
No person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.
The district courts of the United States are given jurisdiction to make and enter all such rules as to notice and otherwise, and all such orders and decrees, and to issue such process as may be necessary and proper in the premises to enforce the provisions of this chapter, with a right of appeal from the final order or decree of such court as provided in sections one hundred and twenty-eight and two hundred and thirty-eight of the Act of March third, nineteen hundred and eleven, entitled “An Act to codify, revise, and amend the laws relating to the judiciary.”
No property or interest or proceeds shall be returned under this chapter, nor shall any payment be made or judgment awarded in respect of any property or interest vested in or transferred to any officer or agency of the United States under this chapter unless satisfactory evidence is furnished to the President or such officer or agency as he may designate, or the court, as the case may be, that the aggregate of the fees to be paid to all agents, attorneys at law or in fact, or representatives, for services rendered in connection with such return or payment or judgment does not exceed 10 per centum of the value of such property or interest or proceeds or of such payment. Any agent, attorney at law or in fact, or representative, believing that the aggregate of the fees should be in excess of such 10 per centum may in the case of any return of, or the making of any payment in respect of, such property or interest or proceeds by the President or such officer or agency as he may designate, petition the district court of the United States for the district in which he resides for an order authorizing fees in excess of 10 per centum and shall name such officer or agency as respondent. The court hearing such petition, or a court awarding any judgment in respect of any such property or interest or proceeds, as the case may be, shall approve an aggregate of fees in excess of 10 per centum of the value of such property or interest or proceeds only upon a finding that there exist special circumstances of unusual hardship which require the payment of such excess. Any person accepting any fee in excess of an amount approved hereunder, or retaining for more than thirty days any portion of a fee, accepted prior to approval hereunder, in excess of the fee as approved, shall be guilty of a violation of this chapter.
The claim of any naturalized American citizen under the provisions of this chapter shall not be denied on the ground of any presumption of expatriation which has arisen against him, under the second sentence of section 2 of the Act entitled “An Act in reference to the expatriation of citizens and their protection abroad,” approved March 2, 1907 , if he shall give satisfactory evidence to the President, or the court, as the case may be, of his uninterrupted loyalty to the United States during his absence, and that he has returned to the United States, or that he, although desiring to return, has been prevented from so returning by circumstances beyond his control.
No person shall be entitled to the return of any property or money under any provision of this chapter, or any amendment of this chapter, who is a fugitive from justice of the United States or any State or Territory thereof, or the District of Columbia.
The Alien Property Custodian is directed to pay to the person entitled thereto, from and after March 4, 1923 , the net income (including dividends, interest, annuities, and other earnings), accruing and collected thereafter, in respect of any money or property held in trust for such person by the Alien Property Custodian or by the Treasurer of the United States for the account of the Alien Property Custodian, under such rules and regulations as the President may prescribe.
The Alien Property Custodian is authorized to pay all taxes (including special assessments), heretofore or hereafter lawfully assessed by any body politic against any money or other property held by him or by the Treasurer of the United States under this chapter, and to pay the necessary expenses incurred by him or by any depositary for him in securing the possession, collection, or control of any such money or other property, or in protecting or administering the same. Such taxes and expenses shall be paid out of the money or other property against which such taxes are assessed or in respect of which such expenses are incurred, or (if such money or other property is insufficient) out of any other money or property held for the same person, notwithstanding the fact that a claim may have been filed or suit instituted under this chapter. No claim shall be filed with the Alien Property Custodian or allowed by him or by the President of the United States, nor shall any suit be instituted or maintained against the Alien Property Custodian or the Treasurer of the United States, or the United States, under any provisions of law, by any person who was an enemy or ally of enemy as defined in this chapter, and no allowance of any such claim now pending shall be made, nor judgment entered in any such suit heretofore or hereafter instituted, for the recovery of any deduction or deductions, heretofore or hereafter made by the Alien Property Custodian from money or properties, or income therefrom, held by him or by the Treasurer of the United States hereunder, for the general or administrative expenses of the office of the Alien Property Custodian, which deduction or deductions on the collection of any income do not exceed the sum of two per centum of such income or which on the return of any moneys or properties or income therefrom, do not exceed the sum of two per centum of the aggregate value thereof at the time or times as nearly as may be, of such deduction or deductions, or, for the recovery of any deduction or deductions heretofore or hereafter made by the Alien Property Custodian from money or properties or income therefrom held by him or by the Treasurer of the United States hereunder, for any and all necessary expenses incurred and actually disbursed by the Alien Property Custodian or by any depositary for him in securing the possession, collection or control of any such money or properties or income therefrom, or in protecting or administering the same, as said general or administrative and other expenses and said aggregate value of returned money or properties or income therefrom have been heretofore or shall be hereafter determined by said Alien Property Custodian.
In the case of income, war-profits, excess-profits, or estate taxes imposed by any Act of Congress, the amount thereof shall, under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, be computed in the same manner (except as hereinafter in this section provided) as though the money or other property had not been seized by or paid to the Alien Property Custodian, and shall be paid, as far as practicable, in accordance with subsection (a) of this section. Pending final determination of the tax liability the Alien Property Custodian is authorized to return, in accordance with the provisions of this chapter, money or other property in any trust in such amounts as may be determined, under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, to be consistent with the prompt payment of the full amount of the internal-revenue taxes. Notwithstanding the expiration of any period of limitation provided by law, credit or refund of any income, war-profits, or excess-profits tax erroneously or illegally assessed or collected may be made or allowed if claim therefor was filed with the Commissioner of Internal Revenue by the Alien Property Custodian on or before February 15, 1933 .
So much of the net income of a taxpayer for the taxable year 1917, or any succeeding taxable year, as represents the gain derived from the sale or exchange by the Alien Property Custodian of any property conveyed, transferred, assigned, delivered, or paid to him, or seized by him, may at the option of the taxpayer be segregated from the net income and separately taxed at the rate of 30 per centum. This subsection shall be applied and the amount of net income to be so segregated shall be determined, under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, as nearly as may be in the same manner as provided in section 208 of the Revenue Act of 1926 (relating to capital net gains), but without regard to the period for which the property was held by the Alien Property Custodian before its sale or exchange, and whether or not the taxpayer is an individual.
Any property sold or exchanged by the Alien Property Custodian (whether before or after March 10, 1928 ) shall be considered as having been compulsorily or involuntarily converted, within the meaning of the income, excess-profits, and war-profits tax laws and regulations; and the provisions of such laws and regulations relating to such a conversion shall (under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury) apply in the case of the proceeds of such sale or exchange. For the purpose of determining whether the proceeds of such conversion have been expended within such time as will entitle the taxpayer to the benefits of such laws and regulations relating to such a conversion, the date of the return of the proceeds to the person entitled thereto shall be considered as the date of the conversion.
In case of any internal-revenue tax imposed in respect of property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him, and imposed in respect of any period (in the taxable year 1917 or any succeeding taxable year) during which such property was held by him or by the Treasurer of the United States, no interest or civil penalty shall be assessed upon, collected from, or paid by or on behalf of, the taxpayer; nor shall any interest be credited or paid to the taxpayer in respect of any credit or refund allowed or made in respect of such tax.
The benefits of subsections (c), (d), and (e) shall be extended to the taxpayer if claim therefor is filed before the expiration of the period of limitations properly applicable thereto, or before the expiration of six months after March 10, 1928 , whichever date is the later. The benefits of subsection (d) shall also be extended to the taxpayer if claim therefor is filed before the expiration of six months after the return of the proceeds.
The Alien Property Custodian is authorized and directed to invest, from time to time upon the request of the Secretary of the Treasury, out of the funds held by the Alien Property Custodian or by the Treasurer of the United States for the Alien Property Custodian, an amount not to exceed $40,000,000 in the aggregate, in one or more participating certificates issued by the Secretary of the Treasury in accordance with the provisions of this section.
When in the case of any trust written consent under subsection (m) of section 4309 of this title has been filed, an amount equal to the portion of such trust the return of which is temporarily postponed under such subsection shall be credited against the investment made under paragraph (1) of this subsection. If the total amount so credited is in excess of the amount invested under paragraph (1) of this subsection, the excess shall be invested by the Alien Property Custodian in accordance with the provisions of this subsection, without regard to the $40,000,000 limitation in paragraph (1). If the amount invested under paragraph (1) of this subsection is in excess of the total amount so credited, such excess shall, from time to time on request of the Alien Property Custodian, be paid to him out of the funds in the German special deposit account created by section 4 of the Settlement of War Claims Act of 1928, and such payments shall have priority over any payments therefrom other than the payments under paragraph (1) of subsection (c) of such section (relating to expenses of administration).
The Alien Property Custodian is authorized and directed to invest, in one or more participating certificates issued by the Secretary of the Treasury, out of the unallocated interest fund, as defined in section 4325 of this title—
The sum of $25,000,000. If, after the allocation under section 4323 of this title has been made, the amount of the unallocated interest fund allocated to the trust described in subsection (c) of such section is found to be in excess of $25,000,000, such excess shall be invested by the Alien Property Custodian in accordance with the provisions of this subsection. If the amount so allocated is found to be less than $25,000,000 any participating certificate or certificates that have been issued shall be corrected accordingly; and
The balance of such unallocated interest fund remaining after the investment provided for in paragraph (1) and the payment of allocated earnings in accordance with the provisions of subsection (b) of section 4323 of this title have been made.
If the amount of such unallocated interest fund, remaining after the investment required by paragraph (1) of subsection (b) of this section has been made, is insufficient to pay the allocated earnings in accordance with subsection (b) of section 4323 of this title , then the amount necessary to make up the deficiency shall be paid out of the funds in the German special deposit account created by section 4 of the Settlement of War Claims Act of 1928, and such payment shall have priority over any payments therefrom other than the payments under paragraph (1) of subsection (c) of such section (relating to expenses of administration) and the payments under paragraph (2) of subsection (a) of this section.
The Alien Property Custodian is authorized and directed (after the payment of debts under section 4309 of this title ) to transfer to the Secretary of the Treasury, for deposit in such special deposit account, all money and the proceeds of all property, including all income, dividends, interest, annuities, and earnings accumulated in respect thereof, owned by the German Government or any member of the former ruling family. All money and other property shall be held to be owned by the German Government (1) if no claim thereto has been filed with the Alien Property Custodian prior to the expiration of three years from March 10, 1928 , or (2) if any claim has been filed before the expiration of such period (whether before or after March 10, 1928 ), then if the ownership thereof under any such claim is not established by a decision of the Alien Property Custodian or by suit in court instituted, under section 4309 of this title , within one year after the decision of the Alien Property Custodian, or after March 10, 1928 , whichever date is later. The amounts so transferred under this subsection shall be credited upon the final payment due the United States from the German Government on account of the awards of the Mixed Claims Commission.
The Secretary of the Treasury is authorized and directed to issue to the Alien Property Custodian, upon such terms and conditions and under such regulations as the Secretary of the Treasury may prescribe, one or more participating certificates, bearing interest payable annually (as nearly as may be) at the rate of 5 per centum per annum, as evidence of the investment by the Alien Property Custodian under subsection (a), and one or more non-interest bearing participating certificates, as evidence of the investment by the Alien Property Custodian under subsection (b). All such certificates shall evidence a participating interest, in accordance with, and subject to the priorities of, the provisions of section 4 of the Settlement of War Claims Act of 1928, in the funds in the German special deposit account created by such section, except that—
The United States shall assume no liability, directly or indirectly, for the payment of any such certificates, or of the interest thereon, except out of funds in such special deposit account available therefor, and all such certificates shall so state on their face; and
Such certificates shall not be transferable, except that the Alien Property Custodian may transfer any such participating certificate evidencing the interest of a substantial number of the owners of the money invested, to a trustee duly appointed by such owners.
Any amount of principal or interest paid to the Alien Property Custodian in accordance with the provisions of subsection (c) of section 4 of the Settlement of War Claims Act of 1928 shall be allocated pro rata among the persons filing written consents under subsection (m) of section 4309 of this title , and the amounts so allocated shall be paid to such persons. If any person to whom any amount is payable under this subsection has died (or if, in the case of a partnership, association, or other unincorporated body of individuals, or a corporation, its existence has terminated), payment shall be made to the persons determined by the Alien Property Custodian to be entitled thereto.
The Alien Property Custodian is authorized and directed (after the payment of debts under section 4309 of this title ) to transfer to the Secretary of the Treasury, for deposit in the special deposit account (Austrian or Hungarian, as the case may be), created by section 7 of the Settlement of War Claims Act of 1928, all money and the proceeds of all property, including all income, dividends, interest, annuities, and earnings accumulated in respect thereof, owned by the Austrian Government or any corporation all the stock of which was owned by or on behalf of the Austrian Government (including the property of the Imperial Royal Tobacco Monopoly, also known under the name of K. K. Oesterreichische Tabak Regie), or owned by the Hungarian Government or by any corporation all the stock of which was owned by or on behalf of the Hungarian Government.
The Alien Property Custodian shall allocate among the various trusts the funds in the “unallocated interest fund” (as defined in section 4325 of this title ). Such allocation shall be based upon the earnings (determined by the Secretary of the Treasury) on the total amounts deposited under section 4312 of this title .
The Alien Property Custodian, when the allocation has been made, is authorized and directed to pay to each person entitled, in accordance with a final decision of a court of the United States or of the District of Columbia, or of an opinion of the Attorney General, to the distribution of any portion of such unallocated interest fund, the amount allocated to his trust, except as provided in subsection (c) of this section.
In the case of persons entitled, under paragraph (12), (13), (14), or (16) of subsection (b) of section 4309 of this title , to such return, and in the case of persons who would be entitled to such return thereunder if all such money or property had not been returned under paragraph (9) or (10) of such subsection, and in the case of persons entitled to such return under subsection (n) of section 4309 of this title , an amount equal to the aggregate amount allocated to their trusts shall be credited against the sum of $25,000,000 invested in participating certificates under paragraph (1) of subsection (b) of section 4322 of this title . If the aggregate amount so allocated is in excess of $25,000,000, an amount equal to the excess shall be invested in the same manner. Upon the repayment of any of the amounts so invested, under the provisions of section 4 of the Settlement of War Claims Act of 1928, the amount so repaid shall be distributed pro rata among such persons, notwithstanding any receipts or releases given by them.
The unallocated interest fund shall be available for carrying out the provisions of this section, including the expenses of making the allocation.
The Alien Property Custodian is authorized and directed to return to the United States any consideration paid to him by the United States under any license, assignment, or sale by the Alien Property Custodian to the United States of any patent (or any right therein or claim thereto, and including an application therefor and any patent issued pursuant to any such application).
As used in this chapter, the term “unallocated interest fund” means the sum of (1) the earnings and profits accumulated prior to March 4, 1923 , and attributable to investments and reinvestments under section 4312 of this title by the Secretary of the Treasury, plus (2) the earnings and profits accumulated on or after March 4, 1923 , in respect of the earnings and profits referred to in clause (1) of this section.
Where the Alien Property Custodian has made demand or requirement for the conveyance, transfer, assignment, delivery, or payment to him of any money or other property of any enemy or ally of enemy (whether or not suit or proceeding for the enforcement thereof has been begun and whether or not any judgment or decree in respect thereof has been made or entered) and where the whole or any part of such money or other property would, if conveyed, transferred, assigned, delivered, or paid to him, be returnable under any provision of this chapter, the Alien Property Custodian may, in his discretion, and on such terms and conditions as he may prescribe, waive such demand or requirement, or accept in full satisfaction of such demand, requirement, judgment, or decree, a less amount than that demanded or required by him.
The Alien Property Custodian shall not make any such waiver or compromise except with the approval of the Attorney General; nor (if any part of such money or property would be returnable only upon the filing of the written consent required by subsection (m) of section 4309 of this title ) unless, after compliance with the terms and conditions of such waiver or compromise, the Alien Property Custodian or the Treasurer of the United States will hold (in respect of such enemy or ally of enemy) for investment as provided in section 4322 of this title , an amount equal to 20 per centum of the sum of (1) the value of the money or other property held by the Alien Property Custodian or the Treasurer of the United States at the time of such waiver or compromise, plus (2) the value of the money or other property to which the Alien Property Custodian would be entitled under such demand or requirement if the waiver or compromise had not been made.
Where the Alien Property Custodian has made demand or requirement for the conveyance, transfer, assignment, delivery, or payment to him of any money or other property of any enemy or ally of enemy (whether or not suit or proceeding for the enforcement thereof has been begun and whether or not any judgment or decree in respect thereof has been made or entered) and where the interest or right of such enemy or ally of enemy in such money or property has not, prior to March 10, 1928 , vested in enjoyment, the Alien Property Custodian may, in his discretion, and on such terms and conditions as he may prescribe, waive such demand and requirement, without compliance with the requirements of subsection (b) of this section, but only with the approval of the Attorney General.
Nothing in this section shall be construed as requiring the Alien Property Custodian to make any waiver or compromise authorized by this section, and the Alien Property Custodian may proceed in respect of any demand or requirement referred to in subsection (a) or (c) as if this section had not been enacted.
All money or other property received by the Alien Property Custodian as a result of any action or proceeding (whether begun before or after March 10, 1928 , and whether or not for the enforcement of a demand or requirement as above specified) shall for the purposes of this chapter be considered as forming a part of the trust in respect of which such action or proceeding was brought, and shall be subject to return in the same manner and upon the same conditions as any other money or property in such trust, except as otherwise provided in subsection (b) of this section.
Any money or other property returnable under subsection (b) or (n) of section 4309 of this title shall, at any time prior to such return, be subject to attachment in accordance with the provisions of the code of law for the District of Columbia, as amended, relating to attachments in suits at law and to attachments for the enforcement of judgments at law and decrees in equity, but any writ of attachment or garnishment issuing in any such suit, or for the enforcement of any judgment or decree, shall be served only upon the Alien Property Custodian, who shall for the purposes of this section be considered as holding credits in favor of the person entitled to such return to the extent of the value of the money or other property so returnable. Nothing in this section shall be construed as authorizing the taking of actual possession, by any officer of any court, of any money or other property held by the Alien Property Custodian or by the Treasurer of the United States.
As used in this chapter, the term “member of the former ruling family” means (1) any person who was at any time between April 6, 1917 , and July 2, 1921 , the German Emperor or the ruler of any constituent kingdom of the German Empire, or (2) the wife or any child of such person.
The President, or such officer or agency as he may designate, may return any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the net proceeds thereof, whenever the President or such officer or agency shall determine—
that the person who has filed a notice of claim for return, in such form as the President or such officer or agency may prescribe, was the owner of such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian, or is the legal representative (whether or not appointed by a court in the United States), or successor in interest by inheritance, devise, bequest, or operation of law, of such owner; and
that such owner, and legal representative or successor in interest, if any, are not—
and
the Government of Germany, Japan, Bulgaria, Hungary, or Rumania; or
a corporation or association organized under the laws of such nation: Provided, That any property or interest or proceeds which, but for the provisions of this subdivision (B), might be returned under this section to any such corporation or association, may be returned to the owner or owners of all the stock of such corporation or of all the proprietary and beneficial interest in such association, if their ownership of such stock or proprietary and beneficial interest existed immediately prior to vesting in or transfer to the Alien Property Custodian and continuously thereafter to the date of such return (without regard to purported divestments or limitations of such ownership by any government referred to in subdivision (A) hereof) and if such ownership was by one or more citizens of the United States or by one or more corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia: Provided further, That such owner or owners shall succeed to those obligations limited in aggregate amount to the value of such property or interest or proceeds, which are lawfully assertible against the corporation or association by persons not ineligible to receive a return under this section; or
an individual voluntarily resident at any time since December 7, 1941, within the territory of such nation, other than a citizen of the United States or a diplomatic or consular officer of Italy or of any nation with which the United States has not at any time since December 7, 1941, been at war: Provided, That an individual who, while in the territory of a nation with which the United States has at any time since December 7, 1941, been at war, was deprived of life or substantially deprived of liberty pursuant to any law, decree, or regulation of such nation discriminating against political, racial, or religious groups, shall not be deemed to have voluntarily resided in such territory; or
an individual who was at any time after December 7, 1941, a citizen or subject of Germany, Japan, Bulgaria, Hungary, or Rumania, and who on or after December 7, 1941, and prior to March 8, 1946, was present (other than in the service of the United States) in the territory of such nation or in any territory occupied by the military or naval forces thereof or engaged in any business in any such territory: Provided, That notwithstanding the provisions of this subdivision (D) return may be made to an individual who, as a consequence of any law, decree, or regulation of the nation of which he was then a citizen or subject, discriminating against political, racial, or religious groups, has at no time between December 7, 1941, and the time when such law, decree, or regulation was abrogated, enjoyed full rights of citizenship under the law of such nation: And provided further, That, notwithstanding the provisions of subdivision (C) hereof and of this subdivision (D), return may be made to an individual who at all times since December 7, 1941, was a citizen of the United States, or to an individual who, having lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country, reacquired such citizenship prior to September 29, 1950, if such individual would have been a citizen of the United States at all times since December 7, 1941, but for such marriage: And provided further, That the aggregate book value of returns made pursuant to the foregoing proviso shall not exceed $9,000,000; and any return under such proviso may be made if the book value of any such return, taken together with the aggregate book value of returns already made under such proviso does not exceed $9,000,000; and for the purposes of this proviso the term “book value” means the value, as of the time of vesting, entered on the books of the Alien Property Custodian for the purpose of accounting for the property or interest involved; or
a foreign corporation or association which at any time after December 7, 1941, was controlled or 50 per centum or more of the stock of which was owned by any person or persons ineligible to receive a return under subdivisions (A), (B), (C), or (D) hereof: Provided, That notwithstanding the provisions of this subdivision (E), return may be made to a corporation or association so controlled or owned, if such corporation or association was organized under the laws of a nation any of whose territory was occupied by the military or naval forces of any nation with which the United States has at any time since December 7, 1941, been at war, and if such control or ownership arose after March 1, 1938, as an incident to such occupation and was terminated prior to March 8, 1946;
that the property or interest claimed, or the net proceeds of which are claimed, was not at any time after September 1, 1939, held or used, by or with the assent of the person who was the owner thereof immediately prior to vesting in or transfer to the Alien Property Custodian, pursuant to any arrangement to conceal any property or interest within the United States of any person ineligible to receive a return under subsection (a)(2) hereof;
that the Alien Property Custodian has no actual or potential liability under the Renegotiation Act or the Act of October 31, 1942 (56 Stat. 1013), in respect of the property or interest or proceeds to be returned and that the claimant and his predecessor in interest, if any, have no actual or potential liability of any kind under the Renegotiation Act or the said Act of October 31, 1942; or in the alternative that the claimant has provided security or undertakings adequate to assure satisfaction of all such liabilities or that property or interest or proceeds to be retained by the Alien Property Custodian are adequate therefor; and
that such return is in the interest of the United States.
Notwithstanding the limitation prescribed in the Renegotiation Act upon the time within which petitions may be filed in The Tax Court of the United States, 1 1 See Change of Name note below. any person to whom any property or interest or proceeds are returned hereunder shall, for a period of ninety days (not counting Sunday or a legal holiday in the District of Columbia as the last day) following return, have the right to file such a petition for a redetermination in respect of any final order of the Renegotiation Board 2 2 See Transfer of Functions note below. determining excessive profits, made against the Alien Property Custodian, or of any determination, not embodied in an agreement, of excessive profits, so made by or on behalf of a Secretary.
Any person to whom any invention, whether patented or unpatented, or any right or interest therein is returned hereunder shall be bound by any notice or order issued or agreement made pursuant to the Act of October 31, 1942 ( 56 Stat. 1013 ), in respect of such invention or right or interest, and such person to whom a licensor’s interest is returned shall have all rights assertible by a licensor pursuant to section 2 of the said Act.
Except as otherwise provided herein, and except to the extent that the President or such officer or agency as he may designate may otherwise determine, any person to whom return is made hereunder shall have all rights, privileges, and obligations in respect to the property or interest returned or the proceeds of which are returned which would have existed if the property or interest had not vested in the Alien Property Custodian, but no cause of action shall accrue to such person in respect of any deduction or retention of any part of the property or interest or proceeds by the Alien Property Custodian for the purpose of paying taxes, costs, or expenses in connection with such property or interest or proceeds: Provided , That except as provided in subsections (b) and (c) hereof, no person to whom a return is made pursuant to this section, nor the successor in interest of such person, shall acquire or have any claim or right of action against the United States or any department, establishment or agency thereof, or corporation owned thereby, or against any person authorized or licensed by the United States, founded upon the retention, sale, or other disposition, or use, during the period it was vested in the Alien Property Custodian, of the returned property, interest, or proceeds. Any notice to the Alien Property Custodian in respect of any property or interest or proceeds shall constitute notice to the person to whom such property or interest or proceeds is returned and such person shall succeed to all burdens and obligations in respect of such property or interest or proceeds which accrued during the time of retention by the Alien Property Custodian, but the period during which the property or interest or proceeds returned were vested in the Alien Property Custodian shall not be included for the purpose of determining the application of any statute of limitations to the assertion of any rights by such person in respect of such property or interest or proceeds.
No return hereunder shall bar the prosecution of any suit at law or in equity against a person to whom return has been made, to establish any right, title, or interest, which may exist or which may have existed at the time of vesting, in or to the property or interest returned, but no such suit may be prosecuted by any person ineligible to receive a return under subsection (a)(2) hereof. With respect to any such suit, the period during which the property or interest or proceeds returned were vested in the Alien Property Custodian shall not be included for the purpose of determining the application of any statute of limitations.
At least thirty days before making any return to any person other than a resident of the United States or a corporation organized under the laws of the United States, or any State, Territory, or possession thereof, or the District of Columbia, the President or such officer or agency as he may designate shall publish in the Federal Register a notice of intention to make such return, specifying therein the person to whom return is to be made and the place where the property or interest or proceeds to be returned are located. Publication of a notice of intention to return shall confer no right of action upon any person to compel the return of any such property or interest or proceeds, and such notice of intention to return may be revoked by appropriate notice in the Federal Register. After publication of such notice of intention and prior to revocation thereof, the property or interest or proceeds specified shall be subject to attachment at the suit of any citizen or resident of the United States or any corporation organized under the laws of the United States, or any State, Territory, or possession thereof, or the District of Columbia, in the same manner as property of the person to whom return is to be made: Provided , That notice of any writ of attachment which may issue prior to return shall be served upon the Alien Property Custodian. Any such attachment proceeding shall be subject to the provisions of law relating to limitation of actions applicable to actions at law in the jurisdiction in which such proceeding is brought, but the period during which the property or interest or proceeds were vested in the Alien Property Custodian shall not be included for the purpose of determining the period of limitation. No officer of any court shall take actual possession, without the consent of the Alien Property Custodian, of any property or interest or proceeds so attached, and publication of a notice of revocation of intention to return shall invalidate any attachment with respect to the specified property or interest or proceeds, but if there is no such revocation, the President or such officer or agency as he may designate shall accord full effect to any such attachment in returning any such property or interest or proceeds.
Without limitation by or upon any other existing provision of law with respect to the payment of expenses by the Alien Property Custodian, the Custodian may retain or recover from any property or interest or proceeds returned pursuant to this section or section 4309(a) of this title an amount not exceeding that expended or incurred by him for the conservation, preservation, or maintenance of such property or interest or proceeds, or other property or interest or proceeds returned to the same person.
The President may designate one or more organizations as successors in interest to deceased persons who, if alive, would be eligible to receive returns under the provisos of subdivision (C) or (D) of subsection (a)(2) thereof. 3 3 So in original. Probably should be “hereof.” In the case of any organization not so designated before the date of enactment of this amendment, such organization may be so designated only if it applies for such designation within three months after such date of enactment.
The President, or such officer as he may designate, shall, before the expiration of the one-year period which begins on the date of enactment of this amendment, pay out of the War Claims Fund to organizations designated before or after the date of enactment of this amendment pursuant to this subsection the sum of $500,000. If there is more than one such designated organization, such sum shall be allocated among such organizations in the proportions in which the proceeds of heirless property were distributed, pursuant to agreements to which the United States was a party, by the Intergovernmental Committee for Refugees and successor organizations thereto. Acceptance of payment pursuant to this subsection by any such organization shall constitute a full and complete discharge of all claims filed by such organization pursuant to this section, as it existed before the date of enactment of this amendment.
No payment may be made to any organization designated under this section unless it has given firm and responsible assurances approved by the President that (1) the payment will be used on the basis of need in the rehabilitation and settlement of persons in the United States who suffered substantial deprivation of liberty or failed to enjoy the full rights of citizenship within the meaning of subdivisions (C) and (D) of subsection (a)(2) of this section; (2) it will make to the President, with a copy to be furnished to the Congress, such reports (including a detailed annual report on the use of the payment made to it) and permit such examination of its books as the President, or such officer or agency as he may designate, may from time to time require; and (3) it will not use any part of such payment for legal fees, salaries, or other administrative expenses connected with the filing of claims for such payment or for the recovery of any property or interest under this section.
As used in this subsection, “organization” means only a nonprofit charitable corporation incorporated on or before January 1, 1950 , under the laws of any State of the United States or of the District of Columbia with the power to sue and be sued.
Tax Court of the United States redesignated United States Tax Court pursuant to Pub. L. 91–172, title IX, § 951, Dec. 30, 1969, 83 Stat. 730. See section 7441 of Title 26, Internal Revenue Code.
Renegotiation Board terminated and all property, including records, of Board transferred to Administrator of General Services on Mar. 31, 1979, pursuant to Pub. L. 95–431, title V, § 501, Oct. 10, 1978, 92 Stat. 1043.
Act Aug. 5, 1947, ch. 499, 61 Stat. 784, provided in part:
“Whereas article 79 of the Treaty of Peace with Italy, signed at Paris on February 10, 1947 , grants to the Allied and Associated Powers the right to seize and retain ‘all property rights and interests which on the coming into force of the present treaty are within its territory and belong to Italy or to Italian nationals, and to apply such property or the proceeds thereof to such purposes as it may desire, within the limits of its claims and those of its nationals against Italy or Italian nationals, including debts, other than claims fully satisfied under other articles of the present treaty’ and further provides that ‘All Italian property, or the proceeds thereof, in excess of the amount of such claims, shall be returned’; and “Whereas, pursuant to article 79 of the treaty of peace, negotiations have been entered into between the Governments of the United States and of Italy looking toward an agreement under which, upon the return of property, formerly Italian, in the United States, Italy will place at the disposal of the United States funds to be used in meeting certain claims of nationals of the United States; and “Whereas, for the purpose of carrying out such agreement, it is desirable to authorize, in accordance with the procedures provided for in section 32 of the Trading With the Enemy Act of October 6, 1917 ( 40 Stat. 411 ), as amended [ 50 U.S.C. 4329 ], return to Italy or citizens or subjects of Italy, or corporations or associations organized under the laws of Italy, of property vested in or transferred to the United States or its agencies; and “Whereas, for the purpose of aiding the revival of the Italian economy and establishing it on a self-sustaining basis, it is desirable that there be returned or transferred to Italy those Italian vessels acquired by the United States after December 7, 1941 , for use in the war effort and now owned by the United States and vessels of a total tonnage approximately equal to the tonnage of those Italian vessels seized by the United States after September 1, 1939 , and lost while being employed in the United States war effort”.
Act Aug. 5, 1947, ch. 499, § 1, 61 Stat. 784, provided:
“That the President, or such officer or agency as he may designate, is hereby authorized to return, in accordance with the procedures provided for in section 32 of the Trading With the Enemy Act, as amended [ 50 U.S.C. 4329 ], any property or interest, or the net proceeds thereof, which has been, since December 18, 1941 , vested in or transferred to any officer or agency of the United States pursuant to the Trading With the Enemy Act, as amended [ 50 U.S.C. 4301 et seq.], and which immediately prior to such vesting or transfer was the property or interest of Italy or a citizen or subject of Italy, or a corporation or association organized under the laws of Italy.”
Act Aug. 5, 1947, ch. 499, § 4, 61 Stat. 786, provided:
“The President is authorized upon such terms as he deems necessary (a) to transfer to the Government of Italy all vessels which were under Italian registry and flag on September 1, 1939 , and were thereafter acquired by the United States and are now owned by the United States; and (b) with respect to any vessel under Italian registry and flag on September 1, 1939 , and subsequently seized in United States ports and thereafter lost while being employed in the United States war effort, to transfer to the Government of Italy surplus merchant vessels of the United States of a total tonnage approximately equal to the total tonnage of the Italian vessels lost: Provided , That no monetary compensation shall be paid either for the use by the United States or its agencies of former Italian vessels so acquired or seized or for the return or transfer of such vessels or substitute vessels.”
Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.
No return may be made pursuant to section 4309 or 4329 of this title unless notice of claim has been filed: (a) in the case of any property or interest acquired by the United States prior to December 18, 1941 , by August 9, 1948 ; or (b) in the case of any property or interest acquired by the United States on or after December 18, 1941 , not later than one year from February 9, 1954 , or two years from the vesting of the property or interest in respect of which the claim is made, whichever is later. No suit pursuant to section 4309 of this title may be instituted after April 30, 1949 , or after the expiration of two years from the date of the seizure by or vesting in the Alien Property Custodian, as the case may be, of the property or interest in respect of which relief is sought, whichever is later, but in computing such two years there shall be excluded any period during which there was pending a suit or claim for return pursuant to section 4309 or 4329(a) of this title.
Any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941 ), or the net proceeds thereof, shall be equitably applied by the Custodian in accordance with the provisions of this section to the payment of debts owed by the person who owned such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian. No debt claim shall be allowed under this section if it was not due and owing at the time of such vesting or transfer, or if it arose from any action or transactions prohibited by or pursuant to this chapter and not licensed or otherwise authorized pursuant thereto, or (except in the case of debt claims acquired by the Custodian) if it was at the time of such vesting or transfer due and owing to any person who has since the beginning of the war been convicted of violation of this chapter, as amended, sections 1 to 6 of the Criminal Code, title I of the Act of June 15, 1917 (ch. 30, 40 Stat. 217 ), as amended; the Act of April 20, 1918 (ch. 59, 40 Stat. 534 ), as amended; the Act of June 8, 1934 1 1 So in original. Probably should be “1938”. (ch. 327, 52 Stat. 631 ), as amended; the Act of January 12, 1938 (ch. 2, 52 Stat. 3 ); title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670 ); the Act of October 17, 1940 (ch. 897, 54 Stat. 1201 ); or the Act of June 25, 1942 (ch. 447, 56 Stat. 390 ). Any defense to the payment of such claims which would have been available to the debtor shall be available to the Custodian, except that the period from and after the beginning of the war shall not be included for the purpose of determining the application of any statute of limitations. Debt claims allowable hereunder shall include only those of citizens of the United States or of the Philippine Islands; those of corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia or the Philippine Islands; those of other natural persons who are and have been since the beginning of the war residents of the United States and who have not during the war been interned or paroled pursuant to the Alien Enemy Act; and those acquired by the Custodian. Legal representatives (whether or not appointed by a court in the United States) or successors in interest by inheritance, devise, bequest, or operation of law or debt claimants, other than persons who would themselves be disqualified hereunder from allowance of a debt claim, shall be eligible for payment to the same extent as their principals or predecessors would have been.
The Custodian shall fix a date or dates after which the filing of debt claims in respect of any or all debtors shall be barred, and may extend the time so fixed, and shall give at least sixty days’ notice thereof by publication in the Federal Register. In no event shall the time extend beyond the expiration of two years from the date of the last vesting in or transfer to the Custodian of any property or interest of a debtor in respect of whose debts the date is fixed, or from August 8, 1946 , whichever is later. No debt shall be paid prior to the expiration of one hundred and twenty days after publication of the first such notice in respect of the debtor, nor in any event shall any payment of a debt claim be made out of any property or interest or proceeds in respect of which a suit or proceeding pursuant to this chapter for return is pending and was instituted prior to the expiration of such one hundred and twenty days.
The Custodian shall examine the claims, and such evidence in respect thereof as may be presented to him or as he may introduce into the record, and shall make a determination, with respect to each claim, of allowance or disallowance, in whole or in part.
Payment of debt claims shall be made only out of such money included in, or received as net proceeds from the sale, use, or other disposition of, any property or interest owned by the debtor immediately prior to its vesting in or transfer to the Alien Property Custodian, as shall remain after deduction of (1) the amount of the expenses of the Office of Alien Property Custodian (including both expenses in connection with such property or interest or proceeds thereof, and such portion as the Custodian shall fix of the other expenses of the Office of Alien Property Custodian), and of taxes, as defined in section 4333 of this title , paid by the Custodian in respect of such property or interest or proceeds, and (2) such amount, if any, as the Custodian may establish as a cash reserve for the future payment of such expenses and taxes. If the money available hereunder for the payment of debt claims against the debtor is insufficient for the satisfaction of all claims allowed by the Custodian, ratable payments shall be made in accordance with subsection (g) hereof to the extent permitted by the money available and additional payments shall be made whenever the Custodian shall determine that substantial further money has become available, through liquidation of any such property or interest or otherwise. The Custodian shall not be required through any judgment of any court, levy of execution, or otherwise to sell or liquidate any property or interest vested in or transferred to him, for the purpose of paying or satisfying any debt claim.
If the aggregate of debt claims filed as prescribed does not exceed the money from which, in accordance with subsection (d) of this section, payment may be made, the Custodian shall pay each claim to the extent allowed, and shall serve by registered mail, on each claimant whose claim is disallowed in whole or in part, a notice of such disallowance. Within sixty days after the date of mailing of the Custodian’s determination, any debt claimant whose claim has been disallowed in whole or in part may file in the United States District Court for the District of Columbia a complaint for review of such disallowance naming the Custodian as defendant. Such complaint shall be served on the Custodian. The Custodian, within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings in the Office of Alien Property Custodian with respect to the claim in question. Upon good cause shown such time may be extended by the court. Such record shall include the claim as filed, such evidence with respect thereto as may have been presented to the Custodian or introduced into the record by him, and the determination of the Custodian with respect thereto, including any findings made by him. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the Custodian, or could not reasonably have been adduced before him or was not available to him. The court shall enter judgment affirming, modifying, or reversing the Custodian’s determination, and directing payment in the amount, if any, which it finds due.
If the aggregate of debt claims filed as prescribed exceeds the money from which, in accordance with subsection (d) hereof, payment may be made, the Custodian shall prepare and serve by registered mail on all claimants a schedule of all debt claims allowed and the proposed payment to each claimant. In preparing such schedule, the Custodian shall assign priorities in accordance with the provisions of subsection (g) hereof. Within sixty days after the date of mailing of such schedule, any claimant considering himself aggrieved may file in the United States District Court for the District of Columbia a complaint for review of such schedule, naming the Custodian as defendant. A copy of such complaint shall be served upon the Custodian and on each claimant named in the schedule. The Custodian, within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings in the Office of Alien Property Custodian with respect to such schedule. Upon good cause shown such time may be extended by the court. Such record shall include the claims in question as filed, such evidence with respect thereto as may have been presented to the Custodian or introduced into the record by him, any findings or other determinations made by the Custodian with respect thereto, and the schedule prepared by the Custodian. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the Custodian or could not reasonably have been adduced before him or was not available to him. Any interested debt claimant who has filed a claim with the Custodian pursuant to this section, upon timely application to the court, shall be permitted to intervene in such review proceedings. The court shall enter judgment affirming or modifying the schedule as prepared by the Custodian and directing payment, if any be found due, pursuant to the schedule as affirmed or modified and to the extent of the money from which, in accordance with subsection (d) hereof, payment may be made. Pending the decision of the court on such complaint for review, and pending final determination of any appeal from such decision, payment may be made only to an extent, if any, consistent with the contentions of all claimants for review.
Debt claims shall be paid in the following order of priority: (1) Wage and salary claims, not to exceed $600; (2) claims entitled to priority under sections 3713(a) and 9309 of title 31, except as provided in subsection (h) hereof, (3) all other claims for services rendered, for expenses incurred in connection with such services, for rent, for goods and materials delivered to the debtor, and for payments made to the debtor for goods or services not received by the claimant; (4) all other debt claims. No payment shall be made to claimants within a subordinate class unless the money from which, in accordance with subsection (d) hereof, payment may be made permits payment in full of all allowed claims in every prior class.
No debt of any kind shall be entitled to priority under any law of the United States or any State, Territory, or possession thereof, or the District of Columbia, solely by reason of becoming a debt due or owing to the United States as a result of its acquisition by the Alien Property Custodian.
The sole relief and remedy available to any person seeking satisfaction of a debt claim out of any property or interest which shall have been vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941 ), or the proceeds thereof, shall be the relief and remedy provided in this section, and suits for the satisfaction of debt claims shall not be instituted, prosecuted, or further maintained except in conformity with this section: Provided , That no person asserting any interest, right, or title in any property or interest or proceeds acquired by the Alien Property Custodian, shall be barred from proceeding pursuant to this chapter for the return thereof, by reason of any proceeding which he may have brought pursuant to this section; nor shall any security interest asserted by the creditor in any such property or interest or proceeds be deemed to have been waived solely by reason of such proceeding. The Alien Property Custodian shall treat all debt claims now filed with him as claims filed pursuant to this section. Nothing contained in this section shall bar any person from the prosecution of any suit at law or in equity against the original debtor or against any other person who may be liable for the payment of any debt for which a claim might have been filed hereunder. No purchaser, lessee, licensee, or other transferee of any property or interest from the Alien Property Custodian shall, solely by reason of such purchase, lease, license, or transfer, become liable for the payment of any debt owed by the person who owned such property or interest prior to its vesting in or transfer to the Alien Property Custodian. Payment by the Alien Property Custodian to any debt claimant shall constitute, to the extent of payment, a discharge of the indebtedness represented by the claim.
In subsecs. (e) and (f), “United States District Court for the District of Columbia” substituted for “the district court of the United States for the District of Columbia” on authority of act June 25, 1948, as amended by act May 24, 1949.
Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.
The officer or agency empowered to entertain claims under sections 4309(a), 4329, and 4331 of this title shall have power to hold such hearings as may be deemed necessary; to prescribe rules and regulations governing the form and contents of claims, the proof thereof, and all other matters related to proceedings on such claims; and in connection with such proceedings to issue subpenas, administer oaths, and examine witnesses. Such powers, and any other powers conferred upon such officer or agency by sections 4309(a), 4329, and 4331 of this title may be exercised through subordinate officers designated by such officer or agency.
The vesting in or transfer to the Alien Property Custodian of any property or interest (other than any property or interest acquired by the United States prior to December 18, 1941 ), or the receipt by him of any earnings, increment, or proceeds thereof shall not render inapplicable any Federal, State, Territorial, or local tax for any period prior or subsequent to the date of such vesting or transfer, nor render applicable the exemptions provided in title II of the Social Security Act [ 42 U.S.C. 401 et seq.] with respect to service performed in the employ of the United States Government or of any instrumentality of the United States.
The Alien Property Custodian shall, notwithstanding the filing of any claim or the institution of any suit under this chapter, pay any tax incident to any such property or interest, or the earnings, increment, or proceeds thereof, at the earliest time appearing to him to be not contrary to the interest of the United States. The former owner shall not be liable for any such tax accruing while such property, interest, earnings, increment, or proceeds are held by the Alien Property Custodian, unless they are returned pursuant to this chapter without payment of such tax by the Alien Property Custodian. Every such tax shall be paid by the Alien Property Custodian to the same extent, as nearly as may be deemed practicable, as though the property or interest had not been vested in or transferred to the Alien Property Custodian, and shall be paid only out of the property or interest, or earnings, increment, or proceeds thereof, to which they are incident or out of other property or interests acquired from the same former owner, or earnings, increment, or proceeds thereof. No tax liability may be enforced from any property or interest or the earnings, increment, or proceeds thereof while held by the Alien Property Custodian except with his consent. Where any property or interest is transferred, otherwise than pursuant to section 4309(a) or 4329 of this title, the Alien Property Custodian may transfer the property or interest free and clear of any tax, except to the extent of any lien for a tax existing and perfected at the date of vesting, and the proceeds of such transfer shall, for tax purposes, replace the property or interest in the hands of the Alien Property Custodian.
Subject to the provisions of subsection (b) of this section, the manner of computing any Federal taxes, including without limitation by reason of this enumeration, the applicability in such computation of credits, deductions, and exemptions to which the former owner is or would be entitled, and the time and manner of any payment of such taxes and the extent of any compliance by the Custodian with provisions of Federal law and regulations applicable with respect to Federal taxes, shall be in accordance with regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury to effectuate this section. Statutes of limitations on assessment, collection, refund, or credit of Federal taxes shall be suspended, with respect to any vested property or interest, or the earnings, increment or proceeds thereof, while vested and for six months thereafter; but no interest shall be paid upon any refund with respect to any period during which the statute of limitations is so suspended.
The word “tax” as used in this section shall include, without limitation by reason of this enumeration, any property, income, excess-profits, war-profits, excise, estate and employment tax, import duty, and special assessment; and also any interest, penalty, additional amount, or addition thereto not arising from any act, omission, neglect, failure, or delay on the part of the Custodian.
Any tax exemption accorded to the Alien Property Custodian by specific provision of existing law shall not be affected by this section.
The Alien Property Custodian may procure insurance in such amounts, and from such insurers, as he believes will adequately protect him against loss in connection with property or interest or proceeds held by him.
Notwithstanding any other provision of this chapter, it shall be lawful, at any time after the date of cessation of hostilities with any country with which the United States is at war, for any person in the United States to donate, or otherwise dispose of to, and to transport or deliver to, any person in such country any article or articles (including food, clothing, and medicine) intended to be used solely to relieve human suffering.
As used in this section—
the term “person” means any individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic;
with respect to any country with which the United States was at war on January 1, 1946, the term “date of cessation of hostilities” shall mean the date of enactment of this Act;
with respect to any other war the term “date of cessation of hostilities” shall mean the date specified by proclamation of the President or by a concurrent resolution of the two Houses of Congress whichever is the earlier.
No property or interest therein of Germany, Japan, or any national of either such country vested in or transferred to any officer or agency of the Government at any time after December 17, 1941 , pursuant to the provisions of this chapter, shall be returned to former owners thereof or their successors in interest, and the United States shall not pay compensation for any such property or interest therein. The net proceeds remaining upon the completion of administration, liquidation, and disposition pursuant to the provisions of this chapter of any such property or interest therein shall be covered into the Treasury at the earliest practicable date. Nothing in this section shall be construed to repeal or otherwise affect the operation of the provisions of section 4329, 4337, 4338, 4339 or 4340 of this title or of the Philippine Property Act of 1946 [ 22 U.S.C. 1381 et seq.].
The Attorney General shall cover into the Treasury, to the credit of miscellaneous receipts, all sums from property vested in or transferred to the Attorney General under this chapter—
which the Attorney General receives after August 23, 1988, or
which the Attorney General received before that date and which, as of that date, the Attorney General had not covered into the Treasury for deposit in the War Claims Fund, other than any such sums which the Attorney General determines in his or her discretion are the subject matter of any judicial action or proceeding.
Notwithstanding any of the provisions of subsections (a) and (b) of this section, the Attorney General is authorized to pay from property vested in or transferred to the Attorney General under this chapter, the sum of $20,000 as an ex gratia payment to the Government of Switzerland in accordance with the terms of the agreement entered into by that Government and the Government of the United States on March 12, 1980 .
The President, or such officer or agency as he may designate, is authorized to conclude and give effect to agreements to further the amicable and expeditious settlement of intercustodial conflicts involving enemy property, subject to the following:
The authority granted in this section shall extend only to agreements with governments with which the United States was not at war in World War II.
Such agreements shall be in accordance with the policy of protecting and making available for utilization the American and nonenemy interests in such property and further the elimination of enemy interests in such property and the efficient administration and liquidation of enemy property in the United States.
For the purposes of this section, the United States as to any intergovernmental agreements hereafter negotiated shall seek treatment equal to that accorded United States nationals for persons who, although citizens or residents of any enemy country before or during World War II, were deprived of full rights of citizenship or substantially deprived of liberty by laws, decrees, or regulations of such enemy country discriminating against racial, religious, or political groups: Provided, That on September 28, 1950, such persons were (1) permanent residents of the United States and (2) had declared their intention to become citizens of the United States in conformity with the provisions of the Nationality Act of 1940, as amended; and that such persons shall have acquired citizenship of the United States prior to the effective date of any intergovernmental agreement hereafter negotiated.
Reimbursement to the United States by other governments pursuant to such agreements shall be administered as vested property: Provided, That nothing contained in this section shall hinder, restrict or limit the payment of claims from the War Claims Fund established by section 4110 of this title, as amended.
Subject to the provisions of subsection (b) hereof, all rights and interests of individuals in estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits vested under this chapter after December 17, 1941 , which have not become payable or deliverable to or have not vested in possession in the Attorney General prior to December 31, 1961 , are divested: Provided , That the provisions of this section shall not affect the right of the Attorney General to retain all such property rights and interests and to collect all income which is payable to or vested in possession in him prior to December 31, 1961 .
Nothing contained in this section shall divest or require the divestment of any portion of any such interest the beneficial owner of which is a natural person who has been convicted personally and by name by a court of competent jurisdiction of murder, ill treatment, or deportation for slave labor of prisoners of war, political opponents, hostages, or civilian population in occupied territories, or of murder or ill treatment of military or naval persons, or of plunder or wanton destruction without justified military necessity.
At the earliest practicable time after the effective date of this Act, the Attorney General shall transmit to the lawful owner or custodian of any interest divested by this section written notice of such divestment.
Notwithstanding any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Federal Claims to hear, determine, and render judgment upon the claims against the United States for the proceeds received by the United States from the sale of the property vested under the provisions of this chapter by vesting order numbered 33 relating to certificate numbers 104 to 121, inclusive, 125, 126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with respect to such claims may be instituted hereunder not later than two years after October 22, 1962 .
As used in this section the word “copyrights” includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals.
All copyrights vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, which have not been returned or otherwise disposed of under this chapter, except copyrights vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and copyrights vested with respect to the motion picture listed last in exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R. 1626), are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962, and the persons entitled thereto shall on that day succeed to the rights, privileges, and obligations arising out of such copyrights, subject, however, to—
The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to copyrights divested hereunder are hereby transferred, effective the day of divestment, to the persons entitled to such copyrights: Provided, That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General.
the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect of such copyrights;
the rights of assignees under assignments by the Alien Property Custodian or the Attorney General of interests in such licenses; and
the right retained by the United States to reproduce, for its own use, or exhibit any divested copyrighted motion picture films.
All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to copyrights, except—
are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment.
royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts;
rights or interests which have been returned or otherwise disposed of under this chapter; and
rights or interests vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16 F.R. 2483),
Nothing in this section shall be construed to transfer to a person entitled to a copyright divested hereunder the right of the Attorney General to sue for the infringement of such copyright during the period between (1) the vesting thereof or the vesting of rights and interests in a contract entered into with respect thereto, and (2) the day of divestment. The right to sue for infringement shall remain in the Attorney General.
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.
As used in this section, the word “trademarks” includes trademarks, trade names, and the goodwill of the business to which a trademark or trade name is appurtenant.
Trademarks vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941 , which have not been returned or otherwise disposed of under this chapter, except trademarks vested by vesting orders 284, as amended (7 Fed. Reg. 9754, 9 Fed. Reg. 1038), 2354 (8 Fed. Reg. 14635), 5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg. 4364), are hereby divested as a matter of grace, effective the ninety-first day after October 23, 1962 , and the persons entitled to such trademarks shall on that day succeed to the rights, privileges, and obligations arising therefrom, subject, however, to the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect to such trademarks. The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to trademarks divested hereunder are transferred, effective the day of divestment, to the persons entitled to such trademarks: Provided , That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General.
All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to trademarks, except—
are hereby divested as a matter of grace, effective the ninety-first day after October 23, 1962, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment.
royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts;
rights or interests which have been returned or otherwise disposed of under this chapter;
rights or interests vested by vesting orders 284, as amended (7 Fed. Reg. 9754; 9 Fed. Reg. 1038), 2354 (8 Fed. Reg. 14635), 5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg. 4364),
The Attorney General shall within forty-five days after October 23, 1962 , publish in the Federal Register a list of trademarks which at the date of vesting in the Alien Property Custodian or Attorney General were owned by persons who were resident in or had their sole or primary seat in the area of Germany now in the Soviet Zone of Occupation or in the Soviet sector of Berlin or in German territory under provisional Soviet or Polish administration. Notwithstanding the provisions of subsection (b) of this section, the effective date of divestment of the trademarks so listed and published in the Federal Register shall be the date of publication in the Federal Register by the Secretary of State of a certification identifying the cases in which an equivalent trademark has been registered in the Federal Republic of Germany for a person residing or having its sole or primary seat in the Federal Republic of Germany or in the western sectors of Berlin. In those cases of an equivalent trademark certified by the Secretary of State, the person registered by the Federal Republic of Germany as owner of such equivalent trademark shall succeed to the ownership of the divested trademark in the United States.
The Attorney General is authorized and directed to transfer to the Library of Congress the title to all prints of motion pictures now in the custody of the Library, which prints were vested in or transferred to the Alien Property Custodian or the Attorney General pursuant to this chapter after December 17, 1941 , except prints of motion pictures which are the subject of suits or claims under section 4309(a) or section 4329 of this title .
Subject to the right of selection by the Library of Congress, the authorization, direction, and exception contained in subsection (a) hereof shall apply with respect to such prints now in the custody of the Attorney General. Prints not selected by the Library of Congress may be disposed of by the Attorney General in any manner he deems appropriate.
With respect to all prints concerning which title is transferred to the Library of Congress pursuant to subsections (a) and (b) hereof, the Library shall have complete discretion to retain such prints and to reproduce copies thereof, or to dispose of them in any manner it deems appropriate.
CHAPTER 54— MERCHANT SHIP SALES
[Repealed]
Act Mar. 8, 1946, ch. 82, § 1, 60 Stat. 41, which provided that act Mar. 8, 1946, could be cited as the “Merchant Ship Sales Act of 1946”, was repealed by Pub. L. 115–91, div. C, title XXXV, § 3502(a)(1), Dec. 12, 2017, 131 Stat. 1910.
Act Mar. 8, 1946, ch. 82, § 14, 60 Stat. 50, as amended June 28, 1947, ch. 161, § 1, 61 Stat. 190; Feb. 27, 1948, ch. 78, § 1(a), 62 Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; June 29, 1949, ch. 281, § 1, 63 Stat. 349; June 30, 1950, ch. 427, § 1, 64 Stat. 308; Aug. 17, 1950, ch. 725, 64 Stat. 452, which provided that no contract of sale was to be made under act Mar. 8, 1946, after Jan. 15, 1951, and no contract of charter was to be made under that act after June 30, 1950, except as provided under 50 U.S.C. 4403(e), (f), was repealed by Pub. L. 115–91, div. C, title XXXV, § 3502(a)(1), Dec. 12, 2017, 131 Stat. 1910.
Act Sept. 28, 1950, ch. 1093, § 3, 64 Stat. 1078, provided that contracts for the sale of vessels for exclusive use on the Great Lakes could be made until Dec. 31, 1950, and transfer to the Great Lakes of such vessels was required to be completed by Dec. 31, 1951.
[Repealed]
[Repealed]
CHAPTER 55— DEFENSE PRODUCTION
This chapter, divided into subchapters, may be cited as “the Defense Production Act of 1950”.
Pub. L. 115–232, div. A, title XVII, § 1701, Aug. 13, 2018, 132 Stat. 2174, provided that:
“This subtitle [subtitle A (§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232 , amending section 4565 of this title and enacting provisions set out as notes under section 4565 of this title ] may be cited as the ‘Foreign Investment Risk Review Modernization Act of 2018’.”
Pub. L. 111–67, § 1(a), Sept. 30, 2009, 123 Stat. 2006, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Reauthorization of 2009’.”
Pub. L. 110–367, § 1, Oct. 8, 2008, 122 Stat. 4026, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Extension and Reauthorization of 2008’.”
Pub. L. 110–49, § 1(a), July 26, 2007, 121 Stat. 246, provided that:
“This Act [see Tables for classification] may be cited as the ‘Foreign Investment and National Security Act of 2007’.”
Pub. L. 108–195, § 1, Dec. 19, 2003, 117 Stat. 2892, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Reauthorization of 2003’.”
Pub. L. 107–47, § 1, Oct. 5, 2001, 115 Stat. 260, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 2001’.”
Pub. L. 104–64, § 1, Dec. 18, 1995, 109 Stat. 689, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1995’.”
Pub. L. 102–558, § 1(a), Oct. 28, 1992, 106 Stat. 4198, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1992’.”
Pub. L. 102–99, § 1, Aug. 17, 1991, 105 Stat. 487, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Extension and Amendments of 1991’.”
Pub. L. 99–441, § 1, Oct. 3, 1986, 100 Stat. 1117, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1986’.”
Pub. L. 98–265, § 1, Apr. 17, 1984, 98 Stat. 149, provided that:
“This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1984’.”
Pub. L. 96–294, title I, part A (§§ 101–107), § 101, June 30, 1980, 94 Stat. 617, provided that:
“This part [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1980’.”
Pub. L. 95–37, § 1, June 1, 1977, 91 Stat. 178, provided:
“That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Extension Amendments of 1977’.”
Pub. L. 94–152, § 1, Dec. 16, 1975, 89 Stat. 810, provided:
“That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1975’.”
Pub. L. 93–426, § 1, Sept. 30, 1974, 88 Stat. 1166, provided:
“That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1974’.”
Act Aug. 9, 1955, ch. 655, § 1, 69 Stat. 580, provided:
“That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1955’.”
Act June 30, 1952, ch. 530, § 1, 66 Stat. 296, provided:
“That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1952’.”
Act July 31, 1951, ch. 275, § 1, 65 Stat. 131, provided:
“That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1951’.”
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of certain authority of President under this chapter relating to national defense resource preparedness and statement of related policy, see Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16651, set out as a note under section 4553 of this title.
Congress finds that—
the security of the United States is dependent on the ability of the domestic industrial base to supply materials and services for the national defense and to prepare for and respond to military conflicts, natural or man-caused disasters, or acts of terrorism within the United States;
to ensure the vitality of the domestic industrial base, actions are needed—
to promote industrial resources preparedness in the event of domestic or foreign threats to the security of the United States;
to support continuing improvements in industrial efficiency and responsiveness;
to provide for the protection and restoration of domestic critical infrastructure operations under emergency conditions; and
to respond to actions taken outside of the United States that could result in reduced supplies of strategic and critical materials, including energy, necessary for national defense and the general economic well-being of the United States;
in order to provide for the national security, the national defense preparedness effort of the United States Government requires—
preparedness programs to respond to both domestic emergencies and international threats to national defense;
measures to improve the domestic industrial base for national defense;
the development of domestic productive capacity to meet—
essential national defense needs that can result from emergency conditions; and
unique technological requirements; and
the diversion of certain materials and facilities from ordinary use to national defense purposes, when national defense needs cannot otherwise be satisfied in a timely fashion;
to meet the requirements referred to in this subsection, this chapter provides the President with an array of authorities to shape national defense preparedness programs and to take appropriate steps to maintain and enhance the domestic industrial base;
in order to ensure national defense preparedness, it is necessary and appropriate to assure the availability of domestic energy supplies for national defense needs;
to further assure the adequate maintenance of the domestic industrial base, to the maximum extent possible, domestic energy supplies should be augmented through reliance on renewable energy sources (including solar, geothermal, wind, and biomass sources), more efficient energy storage and distribution technologies, and energy conservation measures;
much of the industrial capacity that is relied upon by the United States Government for military production and other national defense purposes is deeply and directly influenced by—
the overall competitiveness of the industrial economy of the United States; and
the ability of industries in the United States, in general, to produce internationally competitive products and operate profitably while maintaining adequate research and development to preserve competitiveness with respect to military and civilian production; and
the inability of industries in the United States, especially smaller subcontractors and suppliers, to provide vital parts and components and other materials would impair the ability to sustain the Armed Forces of the United States in combat for longer than a short period.
It is the policy of the United States that—
to ensure the adequacy of productive capacity and supply, Federal departments and agencies that are responsible for national defense acquisition should continuously assess the capability of the domestic industrial base to satisfy production requirements under both peacetime and emergency conditions, specifically evaluating the availability of adequate production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
every effort should be made to foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, components, and equipment;
plans and programs to carry out the purposes of this chapter should be undertaken with due consideration for promoting efficiency and competition;
in providing United States Government financial assistance under this chapter to correct a domestic industrial base shortfall, the President should give consideration to the creation or maintenance of production sources that will remain economically viable after such assistance has ended;
authorities under this chapter should be used to reduce the vulnerability of the United States to terrorist attacks, and to minimize the damage and assist in the recovery from terrorist attacks that occur in the United States;
in order to ensure productive capacity in the event of an attack on the United States, the United States Government should encourage the geographic dispersal of industrial facilities in the United States to discourage the concentration of such productive facilities within limited geographic areas that are vulnerable to attack by an enemy of the United States;
to ensure that essential national defense requirements are met, consideration should be given to stockpiling strategic materials, to the extent that such stockpiling is economical and feasible; and
in the construction of any industrial facility owned by the United States Government, in the rendition of any financial assistance by the United States Government for the construction, expansion, or improvement of any industrial facility, and in the production of goods and services, under this chapter or any other provision of law, each department and agency of the United States Government should apply, under the coordination of the Federal Emergency Management Agency, when practicable and consistent with existing law and the desirability for maintaining a sound economy, the principle of geographic dispersal of such facilities in the interest of national defense.
Pub. L. 102–558, title III, § 304, Oct. 28, 1992, 106 Stat. 4226, provided that:
“This Act [see Tables for classification] and the amendments made by this Act shall be deemed to have become effective on March 1, 1992 , except as otherwise specifically provided in this Act.”
Pub. L. 96–294, title I, § 107, June 30, 1980, 94 Stat. 633, provided that:
“The amendments made by this part [part A (§§ 101–107) of title I of Pub. L. 96–294 , see Tables for classification] shall take effect on the date of the enactment of this part [ June 30, 1980 ].”
Act Aug. 9, 1955, ch. 655, § 11, 69 Stat. 583, provided that:
“The provisions of this Act [see Tables for classification] shall take effect as of the close of July 31, 1955 .”
Act Aug. 7, 1953, ch. 339, 67 Stat. 417, provided:
“That this Act may be cited as the ‘Domestic Minerals Program Extension Act of 1953’. “DECLARATION OF POLICY “Sec. 2. It is recognized that the continued dependence on overseas sources of supply for strategic or critical minerals and metals during periods of threatening world conflict or of political instability within those nations controlling the sources of supply of such materials gravely endangers the present and future economy and security of the United States. It is therefore declared to be the policy of the Congress that each department and agency of the Federal Government charged with responsibilities concerning the discovery, development, production, and acquisition of strategic or critical minerals and metals shall undertake to decrease further and to eliminate where possible the dependency of the United States on overseas sources of supply of each such material. “Sec. 3. In accordance with the declaration of policy set forth in section 2 of this Act, the termination dates of all purchase programs designed to stimulate the domestic production of tungsten, manganese, chromite, mica, asbestos, beryl, and columbium-tantalum-bearing ores and concentrates and established by regulations issued pursuant to the Defense Production Act of 1950, as amended [ 50 U.S.C. 4501 et seq.], shall be extended an additional two years: Provided , That this section is not intended and shall not be construed to limit or restrict the regulatory agencies from extending the termination dates of these programs beyond the two-year extension periods provided by this section or from increasing the quantity of materials that may be delivered and accepted under these programs as permitted by existing statutory authority: Provided further , That the extended termination date provided by this section for the columbium-tantalum purchase program shall not apply to the purchase of columbium-tantalum-bearing ores and concentrates of foreign origin. “Sec. 4. In order that those persons who produce or who plan to produce under purchase programs established pursuant to Public Law 774 (Eighty-first Congress) [ 50 U.S.C. 4501 et seq.] and Public Law 96 (Eighty-second Congress) [ act July 31, 1951, ch. 275 , 65 Stat. 131 , see Tables for classification] may be in position to plan their investment and production with due regard to requirements, the responsible agencies controlling such purchase programs are directed to publish at the end of each calendar quarter the amounts of each of the ores and concentrates referred to in section 3 purchased in that quarter and the total amounts of each which have been purchased under the program.”
[Act Aug. 7, 1953, ch. 339, set out above, was formerly classified to sections 2181 to 2183 of the former Appendix to this title and to provisions set out as a note under section 2181 of the former Appendix to this title prior to editorial reclassification as this note.]
SUBCHAPTER I— PRIORITIES AND ALLOCATIONS
The President is hereby authorized (1) to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and (2) to allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense.
The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the President finds (1) that such material is a scarce and critical material essential to the national defense, and (2) that the requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.
Notwithstanding any other provision of this chapter, the President may, by rule or order, require the allocation of, or the priority performance under contracts or orders (other than contracts of employment) relating to, materials, equipment, and services in order to maximize domestic energy supplies if he makes the findings required by paragraph (3) of this subsection.
The authority granted by this subsection may not be used to require priority performance of contracts or orders, or to control the distribution of any supplies of materials, services, and facilities in the marketplace, unless the President finds that—
such materials, services, and facilities are scarce, critical, and essential—
to maintain or expand exploration, production, refining, transportation;
to conserve energy supplies; or
to construct or maintain energy facilities; and
maintenance or expansion of exploration, production, refining, transportation, or conservation of energy supplies or the construction and maintenance of energy facilities cannot reasonably be accomplished without exercising the authority specified in paragraph (1) of this subsection.
During any period when the authority conferred by this subsection is being exercised, the President shall take such action as may be appropriate to assure that such authority is being exercised in a manner which assures the coordinated administration of such authority with any priorities or allocations established under subsection (a) of this section and in effect during the same period.
The head of each Federal agency to which the President delegates authority under this section shall—
issue, and annually review and update whenever appropriate, final rules, in accordance with section 553 of title 5, that establish standards and procedures by which the priorities and allocations authority under this section is used to promote the national defense, under both emergency and nonemergency conditions; and
as appropriate and to the extent practicable, consult with the heads of other Federal agencies to develop a consistent and unified Federal priorities and allocations system.
Pub. L. 102–99, § 7, Aug. 17, 1991, 105 Stat. 490, provided that:
“This Act [see Tables for classification] shall take effect on October 20, 1990 .”
Pub. L. 117–2, title III, § 3101, Mar. 11, 2021, 135 Stat. 53, provided that:
“(a) Supporting Enhanced Use of the Defense Production Act of 1950 .— In addition to funds otherwise available, there is appropriated, for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available until September 30, 2025 , to carry out titles I, III , and VII of such Act [ 50 U.S.C. 4511 et seq., 4531 et seq., and 4551 et seq.] in accordance with subsection (b). “(b) Medical Supplies and Equipment.— “(1) Testing, ppe, vaccines, and other materials .— Except as provided in paragraph (2), amounts appropriated in subsection (a) shall be used for the purchase, production (including the construction, repair, and retrofitting of government-owned or private facilities as necessary), or distribution of medical supplies and equipment (including durable medical equipment) related to combating the COVID–19 pandemic, including— “(A) in vitro diagnostic products for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the reagents and other materials necessary for producing, conducting, or administering such products, and the machinery, equipment, laboratory capacity, or other technology necessary to produce such products; “(B) face masks and personal protective equipment, including face shields, nitrile gloves, N–95 filtering facepiece respirators, and any other masks or equipment (including durable medical equipment) needed to respond to the COVID–19 pandemic, and the materials, machinery, additional manufacturing lines or facilities, or other technology necessary to produce such equipment; and “(C) drugs, devices, and biological products that are approved, cleared, licensed, or authorized for use in treating or preventing COVID–19 and symptoms related to COVID–19, and any materials, manufacturing machinery, additional manufacturing or fill-finish lines or facilities, technology, or equipment (including durable medical equipment) necessary to produce or use such drugs, biological products, or devices (including syringes, vials, or other supplies or equipment related to delivery, distribution, or administration). “(2) Responding to public health emergencies .— After September 30, 2022 , amounts appropriated in subsection (a) may be used for any activity authorized by paragraph (1), or any other activity necessary to meet critical public health needs of the United States, with respect to any pathogen that the President has determined has the potential for creating a public health emergency.”
Pub. L. 110–53, title X, § 1002(b), Aug. 3, 2007, 121 Stat. 375, provided that:
“Not later than 6 months after the last day of fiscal year 2007 and each subsequent fiscal year, the Secretary of Homeland Security, in cooperation with the Secretary of Commerce, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Energy, shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Financial Services and the Committee on Homeland Security of the House of Representatives a report that details the actions taken by the Federal Government to ensure, in accordance with subsections (a) and (c) of section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071) [now 50 U.S.C. 4511 ], the preparedness of industry to reduce interruption of critical infrastructure and key resource operations during an act of terrorism, natural catastrophe, or other similar national emergency.”
Pub. L. 94–163, title I, § 104(b), Dec. 22, 1975, 89 Stat. 879, as amended by Pub. L. 99–58, title I, § 101(b), July 2, 1985, 99 Stat. 102; Pub. L. 101–46, § 1(2), June 30, 1989, 103 Stat. 132; Pub. L. 101–262, § 2(a), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101–360, § 2(a), Aug. 10, 1990, 104 Stat. 421; Pub. L. 101–383, § 2(1), Sept. 15, 1990, 104 Stat. 727; Pub. L. 105–388, § 6, Nov. 13, 1998, 112 Stat. 3479; Pub. L. 106–469, title I, § 103(2), Nov. 9, 2000, 114 Stat. 2029, provided that:
“The expiration of the Defense Production Act of 1950 [ 50 U.S.C. 4501 et seq.] or any amendment of such Act after the date of enactment of this Act [ Dec. 22, 1975 ] shall not affect the authority of the President under section 101(c) of such Act [ 50 U.S.C. 4511(c) ], as amended by subsection (a) of this section and in effect on the date of enactment of this Act, unless Congress by law expressly provides to the contrary.”
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of certain authority of President under this section, see sections 201 to 203 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16652, 16653, set out as a note under section 4553 of this title.
Determination of President of the United States, No. 2022–13, May 18, 2022, 87 F.R. 31357, which related to delegating authority under the Defense Production Act to ensure an adequate supply of infant formula, was revoked by Ex. Ord. 14236, § 2(f), Mar. 14, 2025, 90 F.R. 13037.
In order to prevent hoarding, no person shall accumulate (1) in excess of the reasonable demands of business, personal, or home consumption, or (2) for the purpose of resale at prices in excess of prevailing market prices, materials which have been designated by the President as scarce materials or materials the supply of which would be threatened by such accumulation. The President shall order published in the Federal Register, and in such other manner as he may deem appropriate, every designation of materials the accumulation of which is unlawful and any withdrawal of such designation. In making such designations the President may prescribe such conditions with respect to the accumulation of materials in excess of the reasonable demands of business, personal, or home consumption as he deems necessary to carry out the objectives of this chapter. This section shall not be construed to limit the authority contained in sections 4511 and 4554 of this title.
Any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this subchapter or any rule, regulation, or order thereunder, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.
No provision of this chapter shall be interpreted as providing for the imposition of wage or price controls without the prior authorization of such action by a joint resolution of Congress.
No provision of this subchapter shall be exercised or interpreted to require action or compliance by any private person to assist in any way in the production of or other involvement in chemical or biological warfare capabilities, unless authorized by the President (or the President’s designee who is serving in a position at level I of the Executive Schedule in accordance with section 5312 of title 5 ) without further redelegation.
Section deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Authority of President under subsec. (b) of this section delegated to Secretary of Defense, without authority to redelegate, by section 204 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16653, set out as a note under section 4553 of this title.
Nothing in this chapter shall be construed to authorize the President to institute, without the approval of the Congress, a program for the rationing of gasoline among classes of end-users.
Section effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as an Effective Date of 1980 Amendment note under section 4502 of this title.
For purposes of this chapter, “energy” shall be designated as a “strategic and critical material” after June 30, 1980 : Provided , That no provision of this chapter shall, by virtue of such designation 1 1 So in original. Probably should be followed by a comma. grant any new direct or indirect authority to the President for the mandatory allocation or pricing of any fuel or feedstock (including, but not limited to, crude oil, residual fuel oil, any refined petroleum product, natural gas, or coal) or electricity or any other form of energy.
Section effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as an Effective Date of 1980 Amendment note under section 4502 of this title.
Utilizing the authority of subchapter II of this chapter or any other provision of law, the President may provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.
The President shall take appropriate actions to assure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.
For purposes of this subsection, appropriate action may include—
restricting contract solicitations to reliable sources;
restricting contract solicitations to domestic sources pursuant to—
section 3203(a)(1)(B) or 3204(a)(3) of title 10;
section 3303(a)(1)(B) or 3304(a)(3) of title 41; or
other statutory authority;
stockpiling critical components; and
developing substitutes for a critical component or a critical technology item.
Section deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Authorities of President under this section with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 4(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.
Functions of the President under this chapter relating to the production, conservation, use, control, distribution, and allocation of energy, delegated to the Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of authority of President under subsecs. (a) and (b)(1) of this section, see sections 310 and 311 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16655, set out as a note under section 4553 of this title.
In providing any assistance under this chapter, the President shall accord a strong preference for small business concerns which are subcontractors or suppliers, and, to the maximum extent practicable, to such small business concerns located in areas of high unemployment or areas that have demonstrated a continuing pattern of economic decline, as identified by the Secretary of Labor.
Funds authorized under subchapter II may be used to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of this chapter.
In considering proposals for subchapter II projects under paragraph (1), the President shall provide a strong preference for proposals submitted by a small business supplier or subcontractor whose proposal—
has the support of the department or agency which will provide the guarantee;
reflects that the small business concern has made arrangements to obtain qualified outside assistance to support the effective utilization of the advanced manufacturing equipment being proposed for installation; and
meets the requirements of section 4531, 4532, or 4533 of this title.
Section deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Functions of the President under this chapter relating to the production, conservation, use, control, distribution, and allocation of energy, delegated to the Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
SUBCHAPTER II— EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
To reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes, subject to such regulations as the President may prescribe, the President may authorize a guaranteeing agency to provide guarantees of loans by private institutions for the purpose of financing any contractor, subcontractor, provider of critical infrastructure, or other person in support of production capabilities or supplies that are deemed by the guaranteeing agency to be necessary to create, maintain, expedite, expand, protect, or restore production and deliveries or services essential to the national defense.
Except during a period of national emergency declared by Congress or the President, a loan guarantee may be entered into under this section only if the President determines that—
the loan guarantee is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential for national defense purposes;
without a loan guarantee, credit is not available to the loan applicant under reasonable terms or conditions sufficient to finance the activity;
the loan guarantee is the most cost effective, expedient, and practical alternative for meeting the needs of the Federal Government;
the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed;
the loan to be guaranteed bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into account the then-current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan;
the loan agreement for the loan to be guaranteed provides that no provision of the loan agreement may be amended or waived without the consent of the fiscal agent of the United States for the guarantee; and
the loan applicant has provided or will provide—
an assurance of repayment, as determined by the President; and
security—
in the form of a performance bond, insurance, collateral, or other means acceptable to the fiscal agent of the United States; and
in an amount equal to not less than 20 percent of the amount of the loan.
Loans under this section may be—
made or guaranteed under the authority of this section only to the extent that an appropriations Act—
provides, in advance, budget authority for the cost of such guarantees, as defined in section 661a of title 2; and
establishes a limitation on the total loan principal that may be guaranteed; and
made without regard to the limitations of existing law, other than section 1341 of title 31.
Any Federal agency or any Federal reserve bank, when designated by the President, is hereby authorized to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of this section.
All such funds as may be necessary to enable any fiscal agent described in paragraph (1) to carry out any guarantee made by it on behalf of any guaranteeing agency shall be supplied and disbursed by or under authority from such guaranteeing agency.
No fiscal agent described in paragraph (1) shall have any responsibility or accountability, except as agent in taking any action pursuant to or under authority of this section.
Each fiscal agent described in paragraph (1) shall be reimbursed by each guaranteeing agency for all expenses and losses incurred by such fiscal agent in acting as agent on behalf of such guaranteeing agency, including, notwithstanding any other provision of law, attorneys’ fees and expenses of litigation.
All actions and operations of fiscal agents under authority of or pursuant to this section shall be subject to the supervision of the President, and to such regulations as the President may prescribe.
The President is authorized to prescribe—
either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through fiscal agents under this section; and
regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection with such guarantees.
If the making of any guarantee or obligation of the Federal Government under this subchapter relating to a domestic industrial base shortfall would cause the aggregate outstanding amount of all guarantees for such shortfall to exceed $50,000,000, any such guarantee may be made only—
if the President has notified the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives in writing of the proposed guarantee; and
after the 30-day period following the date on which notice under clause (i) is provided.
The requirements of subparagraph (A) may be waived—
during a period of national emergency declared by Congress or the President; or
upon a determination by the President, on a nondelegable basis, that a specific guarantee is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability.
The authority conferred by this section shall not be used primarily to prevent the financial insolvency or bankruptcy of any person, unless—
the President certifies that the insolvency or bankruptcy would have a direct and substantially adverse effect upon national defense production; and
a copy of the certification under subparagraph (A), together with a detailed justification thereof, is transmitted to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 10 days prior to the exercise of that authority for such use.
Pub. L. 116–136, div. B, title III, Mar. 27, 2020, 134 Stat. 520, provided in part:
“That for the two-year period beginning with the date of enactment of this Act [ Mar. 27, 2020 ], the requirements described in Section [sic] 301(a)(3)(A) and 302(c)(1) of Public Law 81–774 [ 50 U.S.C. 4531(a)(3)(A) , 4532(c)(1)], shall be waived”.
Pub. L. 115–232, div. A, title XVII, § 1792, Aug. 13, 2018, 132 Stat. 2238, which provided the Secretary of Defense could not implement the decision, issued on July 1, 2017, to cancel the designation, under Department of Defense Directive 4400.01E, entitled “Defense Production Act Programs” and dated October 12, 2001, of the Secretary of the Air Force as the Department of Defense Executive Agent for the program carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the date of the enactment of a joint resolution or an Act approving the implementation of such decision, was repealed by Pub. L. 119–60, div. A, title VIII, § 862, Dec. 18, 2025, 139 Stat. 989.
Pub. L. 115–91, div. A, title II, § 226, Dec. 12, 2017, 131 Stat. 1335, as amended by Pub. L. 117–263, div. A, title II, § 214, Dec. 23, 2022, 136 Stat. 2471, which provided the Secretary of Defense could not implement the decision, issued on July 1, 2017, to cancel the designation, under Department of Defense Directive 4400.1E, entitled “Defense Production Act Programs” and dated October 12, 2001, of the currently assigned Department of Defense Executive Agent for the program carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the Secretary had completed required review and assessment and carried out required briefing, was repealed by Pub. L. 119–60, div. A, title VIII, § 862, Dec. 18, 2025, 139 Stat. 989.
Authority of President under this section with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Authority of President under this section with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2 of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of authority of President under subsec. (a)(2) of this section, see section 305(a) of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16654, set out as a note under section 4553 of this title.
Requirements of subsecs. (a)(2) and (d)(1)(A) of this section waived during the national emergency declared by Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, set out as a note under section 1621 of this title, see section 2(c) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.
To reduce current or projected shortfalls of industrial resources, critical technology items, or materials essential for the national defense, the President may make provision for loans to private business enterprises (including nonprofit research corporations and providers of critical infrastructure) for the creation, maintenance, expansion, protection, or restoration of capacity, the development of technological processes, or the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals.
Loans may be made under this section on such terms and conditions as the President deems necessary, except that—
financial assistance may be extended only to the extent that it is not otherwise available from private sources on reasonable terms; and
during periods of national emergency declared by the Congress or the President, no such loan may be made unless the President determines that—
the loan is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential to the national defense;
without the loan, United States industry cannot reasonably be expected to provide the needed capacity, technological processes, or materials in a timely manner;
the loan is the most cost-effective, expedient, and practical alternative method for meeting the need;
the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan in accordance with the terms of the loan, as determined by the President; and
the loan bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into account the then-current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
Loans under this section may be—
made or guaranteed under the authority of this section only to the extent that an appropriations Act—
provides, in advance, budget authority for the cost of such guarantees, as defined in section 661a of title 2; and
establishes a limitation on the total loan principal that may be guaranteed; and
made without regard to the limitations of existing law, other than section 1341 of title 31.
If the making of any loan under this section to correct a shortfall would cause the aggregate outstanding amount of all obligations of the Federal Government under this subchapter relating to such shortfall to exceed $50,000,000, such loan may be made only—
if the President has notified the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, in writing, of the proposed loan; and
after the 30-day period following the date on which notice under subparagraph (A) is provided.
The requirements of paragraph (1) may be waived—
during a period of national emergency declared by the Congress or the President; and
upon a determination by the President, on a nondelegable basis, that a specific loan is necessary to avert an industrial resource or critical technology shortfall that would severely impair national defense capability.
Pub. L. 116–136, div. A, title IV, § 4017, Mar. 27, 2020, 134 Stat. 482, provided that:
“Notwithstanding any other provision of law— “(1) during the 2-year period beginning on the date of enactment of this Act [ Mar. 27, 2020 ], the requirements described in sections 303(a)(6)(C) and 304(e) of the Defense Production Act of 1950 ( 50 U.S.C. 4533(a)(6)(C) , 4534(e)) shall not apply; and “(2) during the 1-year period beginning on the date of enactment of this Act, the requirements described in sections 302(d)(1) and 303(a)(6)(B) of the Defense Production Act of 1950 ( 50 U.S.C. 4532(d)(1) , 4533(a)(6)(B)) shall not apply.”
Requirement described in subsec. (c)(1) of this section waived for the two-year period beginning with Mar. 27, 2020, see provision of title III of div. B of Pub. L. 116–136, set out as a note under section 4531 of this title.
Authority of President under this section with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Authority of President under this section with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2 of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of certain authority of President under this section, see sections 302 and 305(a) of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16654, set out as a note under section 4553 of this title.
To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the President may make provision—
for purchases of or commitments to purchase an industrial resource or a critical technology item, for Government use or resale;
for the encouragement of exploration, development, and mining of critical and strategic materials, and other materials;
for the development of production capabilities; and
for the increased use of emerging technologies in security program applications and the rapid transition of emerging technologies—
from Government-sponsored research and development to commercial applications; and
from commercial research and development to national defense applications.
A purchase for resale under this subsection shall not include that part of the supply of an agricultural commodity which is domestically produced, except to the extent that such domestically produced supply may be purchased for resale for industrial use or stockpiling.
No commodity purchased under this subsection shall be sold at less than—
the established ceiling price for such commodity, except that minerals, metals, and materials shall not be sold at less than the established ceiling price, or the current domestic market price, whichever is lower; or
if no ceiling price has been established, the higher of—
the current domestic market price for such commodity; or
the minimum sale price established for agricultural commodities owned or controlled by the Commodity Credit Corporation, as provided in section 1427 of title 7.
No purchase or commitment to purchase any imported agricultural commodity shall specify a delivery date which is more than 1 year after the date of termination of this section.
Except as provided in paragraph (7), the President may not execute a contract under this subsection unless the President, on a non-delegable basis, determines, with appropriate explanatory material and in writing, that—
the industrial resource, material, or critical technology item is essential to the national defense;
without Presidential action under this section, United States industry cannot reasonably be expected to provide the capability for the needed industrial resource, material, or critical technology item in a timely manner; and
purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need.
Except as provided in paragraph (7), the President shall provide written notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of a domestic industrial base shortfall prior to taking action under this subsection to remedy the shortfall. The notice shall include the determinations made by the President under paragraph (5).
If the taking of any action under this subsection to correct a domestic industrial base shortfall would cause the aggregate outstanding amount of all such actions for such shortfall to exceed $50,000,000, the action or actions may be taken only after the 30-day period following the date on which the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives have been notified in writing of the proposed action.
If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress.
The requirements of paragraphs (1) through (6) may be waived—
during a period of national emergency declared by the Congress or the President; or
upon a determination by the President, on a nondelegable basis, that action is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability.
Subject to the limitations in subsection (a), purchases and commitments to purchase and sales under subsection (a) may be made without regard to the limitations of existing law (other than section 1341 of title 31 ), for such quantities, and on such terms and conditions, including advance payments, and for such periods, but not extending beyond a date that is not more than 10 years from the date on which such purchase, purchase commitment, or sale was initially made, as the President deems necessary, except that purchases or commitments to purchase involving higher than established ceiling prices (or if no such established ceiling prices exist, currently prevailing market prices) or anticipated loss on resale shall not be made, unless it is determined that supply of the materials could not be effectively increased at lower prices or on terms more favorable to the Government, or that such purchases are necessary to assure the availability to the United States of overseas supplies.
The President may take the actions described in paragraph (2), if the President finds that—
under generally fair and equitable ceiling prices, for any raw or nonprocessed material, there will result a decrease in supplies from high-cost sources of such material, and that the continuation of such supplies is necessary to carry out the objectives of this subchapter; or
an increase in cost of transportation is temporary in character and threatens to impair maximum production or supply in any area at stable prices of any materials.
Upon a finding under paragraph (1), the President may make provision for subsidy payments on any such domestically produced material, other than an agricultural commodity, in such amounts and in such manner (including purchases of such material and its resale at a loss), and on such terms and conditions, as the President determines to be necessary to ensure that supplies from such high-cost sources are continued, or that maximum production or supply in such area at stable prices of such materials is maintained, as the case may be.
The procurement power granted to the President by this section shall include the power to transport and store and have processed and refined any materials procured under this section.
If the President determines that such action will aid the national defense, the President is authorized—
to procure and install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government;
to procure and install equipment owned by the Federal Government in plants, factories, and other industrial facilities owned by private persons;
to provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under section 4531 of this title, 4532 of this title, or this section; and
to sell or otherwise transfer equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities.
The owner of any plant, factory, or other industrial facility that receives equipment owned by the Federal Government under this section shall agree—
to indemnify the United States against any claim described in paragraph (1) made by a third party that arises out of the presence or use of equipment owned by the Federal Government.
Notwithstanding any other provision of law to the contrary, metals, minerals, and materials acquired pursuant to this section which, in the judgment of the President, are excess to the needs of programs under this chapter, shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq.), when the President deems such action to be in the public interest.
Transfers made pursuant to this subsection shall be made without charge against or reimbursement from funds appropriated for the purposes of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq.), except that costs incident to such transfer, other than acquisition costs, shall be paid or reimbursed from such funds.
When, in the judgement of the President, it will aid the national defense, the President may make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other industrial resources.
Pub. L. 113–172, § 4(b), Sept. 26, 2014, 128 Stat. 1897, provided that:
“Section 303(a)(6)(C) of the Defense Production Act of 1950 [ 50 U.S.C. 4533(a)(6)(C) ], as added by subsection (a)(2), shall not apply to a project undertaken pursuant to a determination made before the date of the enactment of this Act [ Sept. 26, 2014 ].”
Requirement described in subsec. (a)(6)(B) of this section not applicable during the 1-year period beginning on Mar. 27, 2020, and requirement described in subsec. (a)(6)(C) of this section not applicable during the 2-year period beginning on Mar. 27, 2020, see section 4017 of Pub. L. 116–136, set out as a note under section 4532 of this title.
Pub. L. 111–84, div. A, title VIII, § 842, Oct. 28, 2009, 123 Stat. 2418, provided that:
“Notwithstanding any limitation in section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) [now 50 U.S.C. 4533 ], an action may be taken under such section to correct an industrial resource shortfall or domestic industrial base shortfall for high-purity beryllium metal if such action does not cause the aggregate outstanding amount of all such actions for such shortfall to exceed ‘$85,000,000’.”
Pub. L. 108–195, § 3, Dec. 19, 2003, 117 Stat. 2892, provided that:
“(a) In General .— Notwithstanding the limitation contained in [former] section 303(a)(6)(C) of the Defense Production Act of 1950 ([former] 50 U.S.C. App. 2093(a)(6)(C)), the President may take actions under section 303 of the Defense Production Act of 1950 to correct the industrial resource shortfall for radiation-hardened electronics, to the extent that such Presidential actions do not cause the aggregate outstanding amount of all such actions to exceed $200,000,000. “(b) Report by the Secretary .— Before the end of the 6-month period beginning on the date of the enactment of this Act [ Dec. 19, 2003 ], the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing— “(1) the current state of the domestic industrial base for radiation-hardened electronics; “(2) the projected requirements of the Department of Defense for radiation-hardened electronics; “(3) the intentions of the Department of Defense for the industrial base for radiation-hardened electronics; and “(4) the plans of the Department of Defense for use of providers of radiation-hardened electronics beyond the providers with which the Department had entered into contractual arrangements under the authority of the Defense Production Act of 1950 [ 50 U.S.C. 4501 et seq.], as of the date of the enactment of this Act.”
Pub. L. 107–314, div. A, title VIII, § 829, Dec. 2, 2002, 116 Stat. 2618, provided that:
“Notwithstanding the limitation in [former] section 303(a)(6)(C) of the Defense Production Act of 1950 ([former] 50 U.S.C. App. 2093(a)(6)(C)), action or actions may be taken under section 303 of that Act to correct the industrial resource shortfall for radiation-hardened electronics, if such actions do not cause the aggregate outstanding amount of all such actions to exceed $106,000,000.”
Authority of President under this section with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to Secretary of Defense, see section 6(b) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Authority of President under this section with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Authority of President under this section delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title.
Authority of President under this section with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2 of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of certain authority of President under this section, see sections 303(a), 304, 305(b), and 306–308 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16654, 16655, set out as a note under section 4553 of this title.
Requirements of subsec. (a)(1) to (6) of this section waived during the national emergency declared by Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, set out as a note under section 1621 of this title, see section 2(c) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.
There is established in the Treasury of the United States a separate fund to be known as the “Defense Production Act Fund” (in this section referred to as the “Fund”).
There shall be credited to the Fund—
all moneys appropriated for the Fund, as authorized by section 4561 of this title; and
all moneys received by the Fund on transactions entered into pursuant to section 4533 of this title.
The Fund shall be available to carry out the provisions and purposes of this subchapter, subject to the limitations set forth in this chapter and in appropriations Acts.
Moneys in the Fund shall remain available until expended.
The Fund balance at the close of each fiscal year shall not exceed $750,000,000, excluding any moneys appropriated to the Fund during that fiscal year or obligated funds. If, at the close of any fiscal year, the Fund balance exceeds $750,000,000, the amount in excess of $750,000,000 shall be paid into the general fund of the Treasury.
The President shall designate a Fund manager. The duties of the Fund manager shall include—
determining the liability of the Fund in accordance with subsection (g);
ensuring the visibility and accountability of transactions engaged in through the Fund; and
reporting to the Congress each year regarding activities of the Fund during the previous fiscal year.
When any agreement entered into pursuant to this subchapter after December 31, 1991 , imposes any contingent liability upon the United States, such liability shall be considered an obligation against the Fund.
Requirement described in subsec. (e) of this section not applicable during the 2-year period beginning on Mar. 27, 2020, see section 4017(1) of Pub. L. 116–136, set out in a note under section 4532 of this title.
Secretary of Defense designated Defense Production Act Fund Manager in accordance with subsec. (f) of this section, see section 309 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16655, set out as a note under section 4553 of this title.
The President, or the head of an agency to which the President has delegated authorities under this subchapter, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities—
except as provided by paragraph (2), not later than 30 days after taking the action; and
in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.
Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include—
a justification of the necessity of the use of authorities under this subchapter; and
a description of the financial terms of any related financial transaction.
Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)—
a certification that business concerns in the United States or Canada were not available with respect to the action; and
an analysis of why such business concerns were not available.
In this section, the term “appropriate congressional committees” means—
the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and
in the case of an action described in subsection (a) involving materials critical to national security (as defined in section 4552(7)(B)(ii)(II)(bb) of this title), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
SUBCHAPTER III— GENERAL PROVISIONS
Small business concerns shall be given the maximum practicable opportunity to participate as contractors, and subcontractors at various tiers, in all programs to maintain and strengthen the Nation’s industrial base and technology base undertaken pursuant to this chapter.
In administering the programs, implementing regulations, policies, and procedures under this chapter, requests, applications, or appeals from small business concerns shall, to the maximum extent practicable, be expeditiously handled.
Representatives of small business concerns shall be afforded the maximum opportunity to participate in such advisory committees as may be established pursuant to this chapter.
Information about this chapter and activities undertaken in accordance with this chapter shall be made available to small business concerns.
Whenever the President makes a determination to exercise any authority to allocate any material pursuant to section 4511 of this title , small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Amendment by Pub. L. 96–294 effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as a note under section 4502 of this title.
Amendment by act Aug. 9, 1955, effective as of close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 4502 of this title.
Authority of President to implement this chapter under this subchapter with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title.
Authority of President to implement this chapter under this subchapter with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of certain authority of President under this subchapter, see section 802 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16659, set out as a note under section 4553 of this title.
For purposes of this chapter, the following definitions shall apply:
The term “critical component” includes such components, subsystems, systems, and related special tooling and test equipment essential to the production, repair, maintenance, or operation of weapon systems or other items of equipment identified by the President as being essential to the execution of the national security strategy of the United States. Components identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under section 1862 of title 19 shall be designated as critical components for purposes of this chapter, unless the President determines that the designation is unwarranted.
The term “critical infrastructure” means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.
The term “critical technology” includes any technology designated by the President to be essential to the national defense.
The term “critical technology item” means materials directly employing, derived from, or utilizing a critical technology.
The term “defense contractor” means any person who enters into a contract with the United States—
to furnish materials, industrial resources, or a critical technology for the national defense; or
to perform services for the national defense.
The term “domestic industrial base” means domestic sources which are providing, or which would be reasonably expected to provide, materials or services to meet national defense requirements during peacetime, national emergency, or war.
Except as provided in subparagraph (B), the term “domestic source” means a business concern—
that performs in the United States or Canada substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item; and
that procures from business concerns described in clause (i) substantially all of any components and assemblies required under a contract with the United States relating to a critical component or critical technology item.
For purposes of subchapter II, the term “domestic source” means a business concern that—
performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in—
the United States or Canada; or
subject to clause (ii), Australia or the United Kingdom; and
procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item.
A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under subchapter II relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa).
For purposes of subclause (I), the term “national defense matter” is a matter relating to the development or production of—
a defense article, as defined in section 301 of title 10; or
materials critical to national security, as defined in section 98h–1(f) of this title.
The term “facilities” includes all types of buildings, structures, or other improvements to real property (but excluding farms, churches or other places of worship, and private dwelling houses), and services relating to the use of any such building, structure, or other improvement.
The term “foreign source” means a business entity other than a “domestic source”.
The term “guaranteeing agency” means a department or agency of the United States engaged in procurement for the national defense.
The term “homeland security” includes efforts—
to prevent terrorist attacks within the United States;
to reduce the vulnerability of the United States to terrorism;
to minimize damage from a terrorist attack in the United States; and
to recover from a terrorist attack in the United States.
The term “industrial resources” means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) needed to establish or maintain an efficient and modern national defense industrial base.
The term “materials” includes—
any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and
any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.
The term “national defense” means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act [ 42 U.S.C. 5195 et seq.] and critical infrastructure protection and restoration.
The term “person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.
The term “services” includes any effort that is needed for or incidental to—
the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;
the construction of facilities;
the movement of individuals and property by all modes of civil transportation; or
other national defense programs and activities.
The term “small business concern” means a business concern that meets the requirements of section 632(a) of title 15 and the regulations promulgated pursuant to that section, and includes such business concerns owned and controlled by socially and economically disadvantaged individuals or by women.
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Any officer or agency head may—
except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule, as the President deems appropriate to carry out this chapter.
appoint civilian personnel without regard to section 5331(b) of title 5 and without regard to the provisions of title 5 governing appointments in the competitive service; and
fix the rate of basic pay for such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates,
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Section 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the “Act”).
Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.
Sec. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:
(a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand;
(b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
(c) be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;
(d) improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and
(e) foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.
Sec. 104. Implementation. (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.
(b) The Secretary of Homeland Security shall:
(1) advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;
(2) provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and
(3) report to the President periodically concerning all program activities conducted pursuant to this order.
(c) The Defense Production Act Committee, described in section 701 of this order, shall:
(1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b) [now 50 U.S.C. 4502(b)], advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and
(2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d) [now 50 U.S.C. 4567(d)].
(d) The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:
(1) analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and
(2) perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.
Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071 [now 50 U.S.C. 4511], to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:
(1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.
(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.
(c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.
(d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.
(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b) [now 50 U.S.C. 4511(b)]. This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a) [now 50 U.S.C. 4511(a)], to control the general distribution of any material (including applicable services) in the civilian market.
Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:
(a) by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;
(b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and
(c) by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.
Sec. 203. Maximizing Domestic Energy Supplies. The authorities of the President under section 101(c)(1)–(2) of the Act, 50 U.S.C. App. 2071(c)(1)–(2) [now 50 U.S.C. 4511(c)(1)–(2)], are delegated to the Secretary of Commerce and the Secretary of Energy, each of whom may exercise such delegated authority independently of the other, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A) [now 50 U.S.C. 4511(c)(2)(A)], is delegated to the Secretary of Energy.
Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b) [now 50 U.S.C. 4514(b)], is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary.
Sec. 301. Loan Guarantees. (a) To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091 [now 50 U.S.C. 4531], to guarantee loans by private institutions.
(b) Each guaranteeing agency is designated and authorized to: (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act [50 U.S.C. 4531]; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.
(c) Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB). The guaranteeing agency is authorized, following such consultation, to prescribe: (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.
Sec. 302. Loans. To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092 [now 50 U.S.C. 4532], to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 303. Additional Authorities. (a) To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093 [now 50 U.S.C. 4533], to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.
(b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093 [now 50 U.S.C. 4533], that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.
Sec. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed materials from high-cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c) [now 50 U.S.C. 4533(c)], to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 305. Determinations and Findings. (a) Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092 [now 50 U.S.C. 4531, 4532], and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act [50 U.S.C. 4531(a)(2), 4532(b)(2)], in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A–129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.
(b) Other than any determination by the President under section 303(a)(7)(b) of the Act [probably means section 303(a)(7)(B) of the Act, 50 U.S.C. 4533(a)(7)(B)], the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093 [now 50 U.S.C. 4533], in consultation with the Secretary making the required determination under section 202 of this order.
Sec. 306. Strategic and Critical Materials. The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B) [now 50 U.S.C. 4533(a)(1)(B)], to encourage the exploration, development, and mining of strategic and critical materials and other materials.
Sec. 307. Substitutes. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g) [now 50 U.S.C. 4533(g)], to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.
Sec. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e) [now 50 U.S.C. 4533(e)], to:
(a) procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government-owned equipment in plants, factories, or other industrial facilities owned by private persons;
(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093 [now 50 U.S.C. 4531, 4532, 4533]; and
(c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e) [now 50 U.S.C. 4533(e)], to the owners of such plants, factories, or other industrial facilities.
Sec. 309. Defense Production Act Fund. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f) [50 U.S.C. 4534(f)], and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act [50 U.S.C. 4531 et seq.].
Sec. 310. Critical Items. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1) [now 50 U.S.C. 4517(b)(1)], to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.
Sec. 311. Strengthening Domestic Capability. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a) [now 50 U.S.C. 4517(a)], to utilize the authority of title III of the Act [50 U.S.C. 4531 et seq.] or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.
Sec. 312. Modernization of Equipment. The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b) [now 50 U.S.C. 4518(b)], may utilize the authority of title III of the Act [50 U.S.C. 4531 et seq.] to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act [50 U.S.C. 4501 et seq.]. In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2) [now 50 U.S.C. 4518(b)(2)].
Sec. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d) [now 50 U.S.C. 4558(c), (d)], is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.
Sec. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d) [now 50 U.S.C. 4558(d)], and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.
Sec. 403. Regulations. The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e) [now 50 U.S.C. 4558(e)], incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e) [now 50 U.S.C. 4558(e)].
Sec. 501. National Defense Executive Reserve. (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e) [now 50 U.S.C. 4560(e)], there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full-time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.
(b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e) [now 50 U.S.C. 4560(e)], to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.
(c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.
(d) The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153 [now 50 U.S.C. 4553], to employ civilian personnel when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.
(e) The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.
(f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.
Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c) [now 50 U.S.C. 4560(b), (c)], to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.
Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:
(1) collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;
(2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;
(3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
(4) upon request from the head of an agency with authority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and
(5) develop and implement an effective labor-management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.
(b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.
Sec. 701. The Defense Production Act Committee. (a) The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b) [now 50 U.S.C. 4567(b)]:
(1) The Secretary of State;
(2) The Secretary of the Treasury;
(3) The Secretary of Defense;
(4) The Attorney General;
(5) The Secretary of the Interior;
(6) The Secretary of Agriculture;
(7) The Secretary of Commerce;
(8) The Secretary of Labor;
(9) The Secretary of Health and Human Services;
(10) The Secretary of Transportation;
(11) The Secretary of Energy;
(12) The Secretary of Homeland Security;
(13) The Director of National Intelligence;
(14) The Director of the Central Intelligence Agency;
(15) The Chair of the Council of Economic Advisers;
(16) The Administrator of the National Aeronautics and Space Administration; and
(17) The Administrator of General Services.
(b) The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role. The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171 [now 50 U.S.C. 4567], may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate.
Sec. 702. Offsets. The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172 [now 50 U.S.C. 4568], in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate. The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.
Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152 [now 50 U.S.C. 4552], the following definitions apply throughout this order:
(a) “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. “Civil transportation” shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.
(b) “Energy” means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.
(c) “Farm equipment” means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.
(d) “Fertilizer” means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.
(e) “Food resources” means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. “Food resources” also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.
(f) “Food resource facilities” means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).
(g) “Functions” include powers, duties, authority, responsibilities, and discretion.
(h) “Head of each agency engaged in procurement for the national defense” means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.
(i) “Health resources” means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.
(j) “National defense” means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.
(k) “Offsets” means compensation practices required as a condition of purchase in either government-to-government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1–130.17.
(l) “Special priorities assistance” means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.
(m) “Strategic and critical materials” means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.
(n) “Water resources” means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except “water resources” does not include usable water that qualifies as “food resources.”
Sec. 802. General. (a) Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq. [now 50 U.S.C. 4551 et seq.], are delegated to the head of each agency in carrying out the delegated authorities under the Act [50 U.S.C. 4501 et seq.] and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858 [50 U.S.C. 4565 note], as amended.
(b) The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:
(1) the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and
(2) the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155 [now 50 U.S.C. 4555], with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858 [50 U.S.C. 4565 note], as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate.
(c) Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section[s] 721 and 722 of the Act, 50 U.S.C. App. 2170–2171 [now 50 U.S.C. 4565, 4567], and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153 [now 50 U.S.C. 4553].
Sec. 803. Authority. (a) Executive Order 12919 of June 3, 1994, and sections 401(3)–(4) of Executive Order 12656 of November 18, 1988, [42 U.S.C. 5195 note] are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act [50 U.S.C. 4501 et seq.].
(b) Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended [50 U.S.C. 4565 note], except as provided in section 802 of this order.
(c) Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended [former 42 U.S.C. 5195 note].
Sec. 804. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB 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.
Barack Obama.
Subject to section 4559 of this title and subsection (b), the President may prescribe such regulations and issue such orders as the President may determine to be appropriate to carry out this chapter.
Any procurement regulation, procedure, or form issued pursuant to subsection (a) shall be issued pursuant to section 25 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1302 , 1303], and shall conform to any governmentwide procurement policy or regulation issued pursuant to section 6 or 25 of that Act [see 41 U.S.C. 1121 et seq., 1302, 1303].
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Authority of President to implement the Defense Production Act of 1950 (this chapter) in this subchapter—
(1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title;
(2) with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title;
(3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title; and
(4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
The President shall be entitled, while this chapter is in effect and for a period of two years thereafter, by regulation, subpoena, or otherwise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate, in his discretion, to the enforcement or the administration of this chapter and the regulations or orders issued thereunder. The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense. The President shall issue regulations insuring that the authority of this subsection will be utilized only after the scope and purpose of the investigation, inspection, or inquiry to be made have been defined by competent authority, and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency. In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the President, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
The production of a person’s books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpoena, or other document issued with respect thereto, such person furnishes the President with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the President as to the information contained in such books, records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
Any person who willfully performs any act prohibited or willfully fails to perform any act required by the above provisions of this section, or any rule, regulation, or order thereunder, shall upon conviction be fined not more than $10,000 or imprisoned for not more than one year or both.
Information obtained under this section which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense, and any person willfully violating this provision shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both.
Any person subpoenaed under this section shall have the right to make a record of his testimony and to be represented by counsel.
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.
Authority of President to implement the Defense Production Act of 1950 (this chapter) in this subchapter—
(1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title;
(2) with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title;
(3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title; and
(4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, he may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond.
The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this chapter or any rule, regulation, order, or subpena thereunder, and of all civil actions under this chapter to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the defendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termination of the authority granted in any subchapter or section of this chapter, or of any rule, regulation, or order issued thereunder, shall not operate to defeat any suit, action, or prosecution, whether theretofore or thereafter commenced, with respect to any right, liability, or offense incurred or committed prior to the termination date of such subchapter or of such rule, regulation, or order. No costs shall be assessed against the United States in any proceeding under this chapter. All litigation arising under this chapter or the regulations promulgated thereunder shall be under the supervision and control of the Attorney General.
No person shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this chapter, notwithstanding that any such rule, regulation, or order shall thereafter be declared by judicial or other competent authority to be invalid. No person shall discriminate against orders or contracts to which priority is assigned or for which materials or facilities are allocated under subchapter I of this chapter or under any rule, regulation, or order issued thereunder, by charging higher prices or by imposing different terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner.
Except as specifically provided in subsection (j) of this section, no provision of this chapter shall be deemed to convey to any person any immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws.
For purposes of this chapter—
The term “plan of action” means any of 1 or more documented methods adopted by participants in an existing voluntary agreement to implement that agreement.
Upon finding that conditions exist which may pose a direct threat to the national defense or its preparedness programs, the President may consult with representatives of industry, business, financing, agriculture, labor, and other interests in order to provide for the making by such persons, with the approval of the President, of voluntary agreements and plans of action to help provide for the national defense.
The authority granted to the President in paragraph (1) and subsection (d) may be delegated by him (A) to individuals who are appointed by and with the advice and consent of the Senate, or are holding offices to which they have been appointed by and with the advice and consent of the Senate, (B) upon the condition that such individuals consult with the Attorney General and with the Federal Trade Commission not less than ten days before consulting with any persons under paragraph (1), and (C) upon the condition that such individuals obtain the prior approval of the Attorney General, after consultation by the Attorney General with the Federal Trade Commission, to consult under paragraph (1).
Upon a determination by the President, on a nondelegable basis, that a specific voluntary agreement or plan of action is necessary to meet national defense requirements resulting from an event that degrades or destroys critical infrastructure—
an individual that has been delegated authority under paragraph (1) with respect to such agreement or plan shall not be required to consult with the Attorney General or the Federal Trade Commission under paragraph (2)(B); and
the President shall publish a rule in accordance with subsection (e)(2)(B) and publish notice in accordance with subsection (e)(3)(B) with respect to such agreement or plan as soon as is practicable under the circumstances.
To achieve the objectives of subsection (c)(1) of this section, the President or any individual designated pursuant to subsection (c)(2) may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements specified in this section and except as provided in subsection (n), any such advisory committee shall be subject to the provisions of chapter 10 of title 5, whether or not such chapter or any of its provisions expire or terminate during the term of this chapter or of such committees, and in all cases such advisory committees shall be chaired by a Federal employee (other than an individual employed pursuant to section 3109 of title 5) and shall include representatives of the public. The Attorney General and the Federal Trade Commission shall have adequate advance notice of any meeting and may have an official representative attend and participate in any such meeting.
A full and complete verbatim transcript shall be kept of such advisory committee meetings, and shall be taken and deposited, together with any agreement resulting therefrom, with the Attorney General and the Federal Trade Commission. Such transcript and agreement shall be made available for public inspection and copying, subject to the provisions of paragraphs (1), (3), and (4) of section 552(b) of title 5.
The individual or individuals referred to in subsection (c)(2) shall, after approval of the Attorney General, after consultation by the Attorney General with the Chairman of the Federal Trade Commission, promulgate rules, in accordance with section 553 of title 5, incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out.
In addition to the requirements of section 553 of title 5—
general notice of the proposed rulemaking referred to in paragraph (1) shall be published in the Federal Register, and such notice shall include—
a statement of the time, place, and nature of the proposed rulemaking proceedings;
reference to the legal authority under which the rule is being proposed; and
either the terms of substance of the proposed rule or a description of the subjects and issues involved;
the required publication of a rule shall be made not less than thirty days before its effective date; and
the individual or individuals referred to in paragraph (1) shall give interested persons the right to petition for the issuance, amendment, or repeal of a rule.
The rules promulgated pursuant to this subsection incorporating standards and procedures by which voluntary agreements may be developed shall provide, among other things, that—
such agreements shall be developed at meetings which include—
and which are chaired by the individual referred to in clause (iii);
the Attorney General or his delegate,
the Chairman of the Federal Trade Commission or his delegate, and
an individual designated by the President in subsection (c)(2) or his delegate,
at least seven days prior to any such meeting, notice of the time, place, and nature of the meeting shall be published in the Federal Register;
interested persons may submit written data and views concerning the proposed voluntary agreement, with or without opportunity for oral presentation;
interested persons may attend any such meeting unless the individual designated by the President in subsection (c)(2) finds that the matter or matters to be discussed at such meeting falls within the purview of matters described in section 552b(c) of title 5;
a full and verbatim transcript shall be made of any such meeting and shall be transmitted by the chairman of the meeting to the Attorney General and to the Chairman of the Federal Trade Commission;
any voluntary agreement resulting from the meetings shall be transmitted by the chairman of the meetings to the Attorney General, the Chairman of the Federal Trade Commission, and the Congress; and
any transcript referred to in subparagraph (E) and any voluntary agreement referred to in subparagraph (F) shall be available for public inspection and copying, subject to paragraphs (1), (3), and (4) of section 552(b) of title 5.
A voluntary agreement or plan of action may not become effective unless and until—
the individual referred to in subsection (c)(2) who is to administer the agreement or plan approves it and certifies, in writing, that the agreement or plan is necessary to carry out the purposes of subsection (c)(1) and submits a copy of such agreement or plan to the Congress; and
the Attorney General (after consultation with the Chairman of the Federal Trade Commission) finds, in writing, that such purpose may not reasonably be achieved through a voluntary agreement or plan of action having less anticompetitive effects or without any voluntary agreement or plan of action and publishes such finding in the Federal Register.
Each voluntary agreement or plan of action which becomes effective under paragraph (1) shall expire 5 years after the date it becomes effective (and at 5-year intervals thereafter, as the case may be), unless (immediately prior to such expiration date) the individual referred to in subsection (c)(2) who administers the agreement or plan and the Attorney General (after consultation with the Chairman of the Federal Trade Commission) make the certification or finding, as the case may be, described in paragraph (1) with respect to such voluntary agreement or plan of action and publish such certification or finding in the Federal Register, in which case, the voluntary agreement or plan of action may be extended for an additional period of 5 years.
The Attorney General and the Chairman of the Federal Trade Commission shall monitor the carrying out of any voluntary agreement or plan of action to assure—
that the agreement or plan is carrying out the purposes of subsection (c)(1);
that the agreement or plan is being carried out under rules promulgated pursuant to subsection (e);
that the participants are acting in accordance with the terms of the agreement or plan; and
the protection and fostering of competition and the prevention of anticompetitive practices and effects.
The rules promulgated under subsection (e) with respect to the carrying out of voluntary agreements and plans of action shall provide—
for the maintenance, by participants in any voluntary agreement or plan of action, of documents, minutes of meetings, transcripts, records, and other data related to the carrying out of any voluntary agreement or plan of action;
that participants in any voluntary agreement or plan of action agree, in writing, to make available to the individual designated by the President in subsection (c)(2) to administer the voluntary agreement or plan of action, the Attorney General and the Chairman of the Federal Trade Commission for inspection and copying at reasonable times and upon reasonable notice any item maintained pursuant to paragraph (1);
that any item made available to the individual designated by the President in subsection (c)(2) to administer the voluntary agreement or plan of action, the Attorney General, or the Chairman of the Federal Trade Commission pursuant to paragraph (2) shall be available from such individual, the Attorney General, or the Chairman of the Federal Trade Commission, as the case may be, for public inspection and copying, subject to paragraph (1), (3), or (4) of section 552(b) of title 5;
that the individual designated by the President in subsection (c)(2) to administer the voluntary agreement or plan of action, the Attorney General, and the Chairman of the Federal Trade Commission, or their delegates, may attend meetings to carry out any voluntary agreement or plan of action;
that a Federal employee (other than an individual employed pursuant to section 3109 of title 5) shall attend meetings to carry out any voluntary agreement or plan of action;
that participants in any voluntary agreement or plan of action provide the individual designated by the President in subsection (c)(2) to administer the voluntary agreement or plan of action, the Attorney General, and the Chairman of the Federal Trade Commission with adequate prior notice of the time, place, and nature of any meeting to be held to carry out the voluntary agreement or plan of action;
for the attendance by interested persons of any meeting held to carry out any voluntary agreement or plan of action, unless the individual designated by the President in subsection (c)(2) to administer the voluntary agreement or plan of action finds that the matter or matters to be discussed at such meeting falls within the purview of matters described in section 552b(c) of title 5;
that the individual designated by the President in subsection (c)(2) to administer the voluntary agreement or plan of action has published in the Federal Register prior notification of the time, place, and nature of any meeting held to carry out any voluntary agreement or plan of action, unless he finds that the matter or matters to be discussed at such meeting falls within the purview of matters described in section 552b(c) of title 5, in which case, notification of the time, place, and nature of such meeting shall be published in the Federal Register within ten days of the date of such meeting;
that—
may terminate or modify, in writing, the voluntary agreement or plan of action at any time, and that effective, immediately upon such termination or modification, any antitrust immunity conferred upon the participants in the voluntary agreement or plan of action by subsection (j) shall not apply to any act or omission occurring after the time of such termination or modification;
the Attorney General (after consultation with the Chairman of the Federal Trade Commission and the individual designated by the President in subsection (c)(2) to administer a voluntary agreement or plan of action), or
the individual designated by the President in subsection (c)(2) to administer a voluntary agreement or plan of action (after consultation with the Attorney General and the Chairman of the Federal Trade Commission),
that participants in any voluntary agreement or plan of action be reasonably representative of the appropriate industry or segment of such industry; and
that the individual designated by the President in subsection (c)(2) to administer the voluntary agreement or plan of action shall provide prior written notification of the time, place, and nature of any meeting to carry out a voluntary agreement or plan of action to the Attorney General, the Chairman of the Federal Trade Commission and the Congress.
The Attorney General and the Chairman of the Federal Trade Commission shall each promulgate such rules as each deems necessary or appropriate to carry out his responsibility under this section.
Subject to paragraph (4), there shall be available as a defense for any person to any civil or criminal action brought under the antitrust laws (or any similar law of any State) with respect to any action taken to develop or carry out any voluntary agreement or plan of action under this section that—
such action was taken—
in the course of developing a voluntary agreement initiated by the President or a plan of action adopted under any such agreement; or
to carry out a voluntary agreement initiated by the President and approved in accordance with this section or a plan of action adopted under any such agreement, and
such person—
complied with the requirements of this section and any regulation prescribed under this section; and
acted in accordance with the terms of the voluntary agreement or plan of action.
Except in the case of actions taken to develop a voluntary agreement or plan of action, the defense established in paragraph (1) shall be available only if and to the extent that the person asserting the defense demonstrates that the action was specified in, or was within the scope of, an approved voluntary agreement initiated by the President and approved in accordance with this section or a plan of action adopted under any such agreement and approved in accordance with this section. The defense established in paragraph (1) shall not be available unless the President or the President’s designee has authorized and actively supervised the voluntary agreement or plan of action.
Any person raising the defense established in paragraph (1) shall have the burden of proof to establish the elements of the defense.
The defense established in paragraph (1) shall not be available if the person against whom the defense is asserted shows that the action was taken for the purpose of violating the antitrust laws.
The Attorney General and the Federal Trade Commission shall each make surveys for the purpose of determining any factors which may tend to eliminate competition, create or strengthen monopolies, injure small business, or otherwise promote undue concentration of economic power in the course of the administration of this section. Such surveys shall include studies of the voluntary agreements and plans of action authorized by this section. The Attorney General shall (after consultation with the Federal Trade Commission) submit to the Congress and the President at least once every year reports setting forth the results of such studies of voluntary agreements and plans of action.
The individual or individuals designated by the President in subsection (c)(2) shall submit to the Congress and the President at least once every year reports describing each voluntary agreement or plan of action in effect and its contribution to achievement of the purpose of subsection (c)(1).
On complaint, the United States District Court for the District of Columbia shall have jurisdiction to enjoin any exemption or suspension pursuant to subsections (d)(2), (e)(3)(D) and (G), and (h)(3), (7), and (8), and to order the production of transcripts, agreements, items, or other records maintained pursuant to this section by the Attorney General, the Federal Trade Commission or any individual designated under subsection (c)(2), where the court determines that such transcripts, agreements, items, or other records have been improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such transcripts, agreements, items, or other records in camera to determine whether such transcripts, agreements, items, or other records or any parts thereof shall be withheld under any of the exemption or suspension provisions referred to in this subsection, and the burden is on the Attorney General, the Federal Trade Commission, or such designated individual, as the case may be, to sustain its action.
Notwithstanding any other provision of law, chapter 10 of title 5 and any other provision of Federal law relating to advisory committees shall not apply to—
the consultations referred to in subsection (c)(1); or
any activity conducted under a voluntary agreement or plan of action approved pursuant to this section that complies with the requirements of this section.
In any action in any Federal or State court for breach of contract, there shall be available as a defense that the alleged breach of contract was caused predominantly by action taken during an emergency to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section. Such defense shall not release the party asserting it from any obligation under applicable law to mitigate damages to the greatest extent possible.
Amendment by Pub. L. 102–99 effective Oct. 20, 1990, see section 7 of Pub. L. 102–99, set out as a note under section 4511 of this title.
Pub. L. 94–152, § 9, Dec. 16, 1975, 89 Stat. 821, as amended by Pub. L. 94–153, Dec. 16, 1975, 89 Stat. 822; Pub. L. 94–220, Feb. 27, 1976, 90 Stat. 195, provided that:
“This Act and the amendments made by it [see Tables for classification] shall take effect at the close of November 30, 1975 , except that the amendment made by section 3 [amending this section] shall take effect upon the one hundred and twentieth day beginning after the date of its enactment [ Dec. 16, 1975 ].”
Amendment by act Aug. 9, 1955, effective as of the close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 4502 of this title.
Pub. L. 94–152, § 4, Dec. 16, 1975, 89 Stat. 820, provided that:
“(a) Any voluntary agreement— “(1) entered into under section 708 of the Defense Production Act of 1950 [ 50 U.S.C. 4558 ] prior to the effective date of this Act [see Effective Date of 1975 Amendment note above], and “(2) in effect immediately prior to such date may continue in effect (except as otherwise provided in section 708A( o ) of the Defense Production Act of 1950, as amended by this Act) and shall be carried out in accordance with such section 708 [ 50 U.S.C. 4558 ], as amended by this Act, and such section 708A. “(b) No provision of the Defense Production Act of 1950 [ 50 U.S.C. 4501 et seq.], as amended by this Act, shall be construed as granting immunity for, nor as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any acts or practices which occurred (1) prior to the date of enactment of this Act [ Dec. 16, 1975 ], (2) outside the scope and purpose or not in compliance with the terms and conditions of the Defense Production Act of 1950, or (3) subsequent to the expiration or repeal of the Defense Production Act of 1950. “(c) Effective on the date of enactment of this Act [ Dec. 16, 1975 ], the immunity conferred by section 708 or 708A of the Defense Production Act of 1950, as amended by this Act, shall not apply to any action taken or authorized to be taken by or under the Emergency Petroleum Allocation Act of 1973 [ 15 U.S.C. 751 et seq.].”
[Section 708A of the Defense Production Act of 1950, referred to in section 4 of Pub. L. 94–152, set out above, which was classified to section 2158a of the former Appendix to this title, was repealed by Pub. L. 102–99, § 4, Aug. 17, 1991, 105 Stat. 487.]
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Authority of President under subsecs. (c)(1) and (d) of this section with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and Secretary of Homeland Security, see section 3 of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.
Functions conferred upon President under this section necessary to effect changes in composition of, or to take other action respecting voluntary agreements and programs relating to, small business production pools approved prior to July 31, 1953, delegated to Administrator of Small Business Administration by Ex. Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, set out as a note under section 640 of Title 15, Commerce and Trade.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15.
For delegation of authority of President under subsecs. (c) and (d) of this section, see sections 401 and 402 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16656, set out as a note under section 4553 of this title.
Except as provided in subsection (c), any regulation issued under this chapter shall be published in the Federal Register and opportunity for public comment shall be provided for not less than 30 days, consistent with the requirements of section 553(b) of title 5 .
The requirements of paragraph (1) may be waived, if—
the officer authorized to issue the regulation finds that urgent and compelling circumstances make compliance with such requirements impracticable;
the regulation is issued on a temporary basis; and
the publication of such temporary regulation is accompanied by the finding made under subparagraph (A) (and a brief statement of the reasons for such finding) and an opportunity for public comment is provided for not less than 30 days before any regulation becomes final.
All comments received during the public comment period specified pursuant to paragraph (1) or (2) shall be considered and the publication of the final regulation shall contain written responses to such comments.
Any procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this chapter shall be subject to section 1707 of title 41 .
Pub. L. 102–558, title I, § 136(b), Oct. 28, 1992, 106 Stat. 4217, provided that:
“Section 709 of the Defense Production Act of 1950 (50 U.S.C. App. 2159) [now 50 U.S.C. 4559 ], as amended by subsection (a) of this section, shall not apply to any regulation issued in proposed or final form on or before the date of enactment of this Act [ Oct. 28, 1992 ].”
The President is further authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this chapter and subject to such regulations as he may issue, to employ persons of outstanding experience and ability without compensation;
The President shall be guided in the exercise of the authority provided in this subsection by the following policies:
So far as possible, operations under this chapter shall be carried on by full-time, salaried employees of the Government, and appointments under this authority shall be to advisory or consultative positions only.
Appointments to positions other than advisory or consultative may be made under this authority only when the requirements of the position are such that the incumbent must personally possess outstanding experience and ability not obtainable on a full-time, salaried basis.
Appointees under this subsection shall, when policy matters are involved, be limited to advising appropriate full-time salaried Government officials who are responsible for making policy decisions.
Appointments under this subsection shall be supported by written certification by the head of the employing department or agency—
that the appointment is necessary and appropriate in order to carry out the provisions of this chapter;
that the duties of the position to which the appointment is being made require outstanding experience and ability;
that the appointee has the outstanding experience and ability required by the position; and
that the department or agency head has been unable to obtain a person with the qualifications necessary for the position on a full-time, salaried basis.
The head of any department or agency who appoints any individual under this subsection shall publish a notice of such appointment in the Federal Register, including the name of the appointee, the employing department or agency, the title of the appointee’s position, and the name of the appointee’s private employer.
The Director of the Office of Personnel Management shall carry out a biennial survey of appointments made under this subsection and shall report his or her findings to the President and make such recommendations as he or she may deem proper.
Persons appointed under the authority of this subsection may be allowed reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions for which they were appointed in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5.
The President is authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this chapter to employ experts and consultants or organizations thereof, as authorized by section 3109 of title 5 . Individuals so employed may be compensated at rates not in excess of $50 per diem and while away from their homes or regular places of business they may be allowed transportation and not to exceed $15 per diem in lieu of subsistence and other expenses while so employed.
The President may utilize the services of Federal, State, and local agencies and may utilize and establish such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed.
The President is further authorized to provide for the establishment and training of a nucleus executive reserve for employment in executive positions in Government during periods of national defense emergency, as determined by the President. Members of this executive reserve who are not full-time Government employees may be allowed transportation and per diem in lieu of subsistence, in accordance with title 5 (with respect to individuals serving without pay, while away from their homes or regular places of business), for the purpose of participating in the executive reserve training program.
Whoever, being an officer or employee of the United States or any department or agency thereof (including any Member of the Senate or House of Representatives), receives, by virtue of his office or employment, confidential information, and (1) uses such information in speculating directly or indirectly on any commodity exchange, or (2) discloses such information for the purpose of aiding any other person so to speculate, shall be fined not more than $10,000 or imprisoned not more than one year, or both. As used in this section, the term “speculate” shall not include a legitimate hedging transaction, or a purchase or sale which is accompanied by actual delivery of the commodity.
The President, when he deems such action necessary, may make provision for the printing and distribution of reports, in such number and in such manner as he deems appropriate, concerning the actions taken to carry out the objectives of this chapter.
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Amendment by Pub. L. 94–152 effective at close of Nov. 30, 1975, see section 9 of Pub. L. 94–152, as amended, set out as a note under section 4558 of this title.
Amendment by act Aug. 9, 1955, effective as of close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 4502 of this title.
Authority of President to implement the Defense Production Act of 1950 (this chapter) in this subchapter—
(1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title;
(2) with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title;
(3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title; and
(4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out under section 761 of Title 15, Commerce and Trade.
For delegation of authority of President under subsecs. (b), (c), and (e) of this section, see sections 501(b) and 502 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16656, set out as a note under section 4553 of this title.
There is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter for the carrying out of the provisions and purposes of this chapter by the President and such agencies as he may designate or create. In addition to the appropriations authorized by the previous sentence, there is authorized to be appropriated $117,000,000 for each of fiscal years 2020 through 2024 to carry out subchapter II.
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Amendment by Pub. L. 102–99 effective Oct. 20, 1990, see section 7 of Pub. L. 102–99, set out as a note under section 4511 of this title.
Amendment by Pub. L. 96–294 effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as a note under section 4502 of this title.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
The provisions of this chapter shall be applicable to the United States, its Territories and possessions, and the District of Columbia.
If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Subchapter I (except section 4514 of this title ), subchapter II, and subchapter III (except sections 4557, 4558, and 4565 of this title) shall terminate on December 11, 2026 , except that all authority extended under subchapter II shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.
Notwithstanding subsection (a), any agency created under a provision of law that is terminated under subsection (a) may continue in existence, for purposes of liquidation, for a period not to exceed 6 months, beginning on the date of termination of the provision authorizing the creation of such agency under subsection (a).
The termination of any section of this chapter, or of any agency or corporation utilized under this chapter, shall not affect the disbursement of funds under, or the carrying out of, any contract, guarantee, commitment or other obligation entered into pursuant to this chapter prior to the date of such termination, or the taking of any action necessary to preserve or protect the interests of the United States in any amounts advanced or paid out in carrying on operations under this chapter, or the taking of any action (including the making of new guarantees) deemed by a guaranteeing agency to be necessary to accomplish the orderly liquidation, adjustment or settlement of any loans guaranteed under this chapter, including actions deemed necessary to avoid undue hardship to borrowers in reconverting to normal civilian production; and all of the authority granted to the President, guaranteeing agencies, and fiscal agents, under section 4531 of this title shall be applicable to actions taken pursuant to the authority contained in this subsection.
No action for the recovery of any cooperative payment made to a cooperative association by a Market Administrator under an invalid provision of a milk marketing order issued by the Secretary of Agriculture pursuant to the Agricultural Marketing Agreement Act of 1937 [ 7 U.S.C. 671 et seq.] shall be maintained unless such action is brought by producers specifically named as party plaintiffs to recover their respective share of such payments within ninety days after June 30, 1952 , with respect to any cause of action heretofore accrued and not otherwise barred, or within ninety days after accrual with respect to future payments, and unless each claimant shall allege and prove (1) that he objected at the hearing to the provisions of the order under which such payments were made and (2) that he either refused to accept payments computed with such deduction or accepted them under protest to either the Secretary or the Administrator. The district courts of the United States shall have exclusive original jurisdiction of all such actions regardless of the amount involved. This subsection shall not apply to funds held in escrow pursuant to court order. Notwithstanding any other provision of this chapter, no termination date shall be applicable to this subsection.
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Pub. L. 102–193, § 2, Dec. 6, 1991, 105 Stat. 1593, provided that:
“This Act [amending this section] shall take effect on September 30, 1991 .”
Amendment by Pub. L. 102–99 effective Oct. 20, 1990, see section 7 of Pub. L. 102–99, set out as a note under section 4511 of this title.
Amendment by Pub. L. 96–294 effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as a note under section 4502 of this title.
Amendment by Pub. L. 94–152 effective at close of Nov. 30, 1975, see section 9 of Pub. L. 94–152, as amended, set out as a note under section 4558 of this title.
Amendment by act Aug. 9, 1955, effective as of close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 4502 of this title.
In this section:
The term “national security” shall be construed so as to include those issues relating to “homeland security”, including its application to critical infrastructure.
The terms “Committee” and “chairperson” mean the Committee on Foreign Investment in the United States and the chairperson thereof, respectively.
The term “control” means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Committee.
Except as otherwise provided, the term “covered transaction” means—
any transaction described in subparagraph (B)(i); and
any transaction described in clauses (ii) through (v) of subparagraph (B) that is proposed, pending, or completed on or after the effective date set forth in section 1727 of the Foreign Investment Risk Review Modernization Act of 2018.
A transaction described in this subparagraph is any of the following:
Any merger, acquisition, or takeover that is proposed or pending after August 23, 1988, by or with any foreign person that could result in foreign control of any United States business, including such a merger, acquisition, or takeover carried out through a joint venture.
Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private or public real estate that—
is located in the United States;
is, is located within, or will function as part of, an air or maritime port; or
is in close proximity to a United States military installation or another facility or property of the United States Government that is sensitive for reasons relating to national security;
could reasonably provide the foreign person the ability to collect intelligence on activities being conducted at such an installation, facility, or property; or
could otherwise expose national security activities at such an installation, facility, or property to the risk of foreign surveillance; and
meets such other criteria as the Committee prescribes by regulation, except that such criteria may not expand the categories of real estate to which this clause applies beyond the categories described in subclause (II).
Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that—
owns, operates, manufactures, supplies, or services critical infrastructure;
produces, designs, tests, manufactures, fabricates, or develops one or more critical technologies; or
maintains or collects sensitive personal data of United States citizens that may be exploited in a manner that threatens national security.
Any change in the rights that a foreign person has with respect to a United States business in which the foreign person has an investment, if that change could result in—
foreign control of the United States business; or
an investment described in clause (iii).
Any other transaction, transfer, agreement, or arrangement, the structure of which is designed or intended to evade or circumvent the application of this section, subject to regulations prescribed by the Committee.
A real estate purchase, lease, or concession described in subparagraph (B)(ii) does not include a purchase, lease, or concession of—
a single “housing unit”, as defined by the Census Bureau; or
real estate in “urbanized areas”, as defined by the Census Bureau in the most recent census, except as otherwise prescribed by the Committee in regulations in consultation with the Secretary of Defense.
With respect to a real estate purchase, lease, or concession described in subparagraph (B)(ii)(II)(bb)(AA), the Committee shall prescribe regulations to ensure that the term “close proximity” refers only to a distance or distances within which the purchase, lease, or concession of real estate could pose a national security risk in connection with a United States military installation or another facility or property of the United States Government described in that subparagraph.
For purposes of subparagraph (B)(ii)(II)(bb), the Committee may prescribe, through regulations, a list of military installations or other facilities or properties of the United States Government that are sensitive for reasons relating to national security. Such list may include certain facilities or properties of the intelligence community and National Laboratories (as defined in section 15801 of title 42 ).
Not later than one year after December 18, 2025, and periodically thereafter, each member of the Committee shall—
review the installations, facilities, and properties, if any, included by that member on the list developed under subclause (I); and
submit to the chairperson a report on that review, after approval of the report by the Assistant Secretary or equivalent official designated for the agency under subsection (k)(4)(A)(i), which shall include—
any recommended updates or revisions to the list regarding installations, facilities, and properties administered by the member of the Committee;
any recommendations with respect to what distance, including close proximity or extended range, should apply for purposes of real estate described in subparagraph (B)(ii)(II)(bb); and
a detailed justification and risk assessment underlying any recommendations made under subitem (BB).
For purposes of subparagraph (B)(iii), the term “other investment” means an investment, direct or indirect, by a foreign person in a United States business described in that subparagraph that is not an investment described in subparagraph (B)(i) and that affords the foreign person—
access to any material nonpublic technical information in the possession of the United States business;
membership or observer rights on the board of directors or equivalent governing body of the United States business or the right to nominate an individual to a position on the board of directors or equivalent governing body; or
any involvement, other than through voting of shares, in substantive decisionmaking of the United States business regarding—
the use, development, acquisition, safekeeping, or release of sensitive personal data of United States citizens maintained or collected by the United States business;
the use, development acquisition, or release of critical technologies; or
the management, operation, manufacture, or supply of critical infrastructure.
For purposes of clause (i)(I), and subject to regulations prescribed by the Committee, the term “material nonpublic technical information” means information that—
provides knowledge, know-how, or understanding, not available in the public domain, of the design, location, or operation of critical infrastructure; or
is not available in the public domain, and is necessary to design, fabricate, develop, test, produce, or manufacture critical technologies, including processes, techniques, or methods.
Notwithstanding subclause (I), for purposes of this subparagraph, the term “material nonpublic technical information” does not include financial information regarding the performance of a United States business.
The Committee shall prescribe regulations providing guidance on the types of transactions that the Committee considers to be “other investment” for purposes of subparagraph (B)(iii).
The regulations prescribed by the Committee with respect to an investment described in subparagraph (B)(iii)(I) shall—
specify the critical infrastructure subject to that subparagraph based on criteria intended to limit application of that subparagraph to the subset of critical infrastructure that is likely to be of importance to the national security of the United States; and
enumerate specific types and examples of such critical infrastructure.
Notwithstanding clause (i)(II) and subject to regulations prescribed by the Committee, an indirect investment by a foreign person in a United States business described in subparagraph (B)(iii) through an investment fund that affords the foreign person (or a designee of the foreign person) membership as a limited partner or equivalent on an advisory board or a committee of the fund shall not be considered an “other investment” for purposes of subparagraph (B)(iii) if—
the fund is managed exclusively by a general partner, a managing member, or an equivalent;
the general partner, managing member, or equivalent is not a foreign person;
the advisory board or committee does not have the ability to approve, disapprove, or otherwise control—
investment decisions of the fund; or
decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested;
the foreign person does not otherwise have the ability to control the fund, including the authority—
to approve, disapprove, or otherwise control investment decisions of the fund;
to approve, disapprove, or otherwise control decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested; or
to unilaterally dismiss, prevent the dismissal of, select, or determine the compensation of the general partner, managing member, or equivalent;
the foreign person does not have access to material nonpublic technical information as a result of its participation on the advisory board or committee; and
the investment otherwise meets the requirements of this subparagraph.
For the purposes of items (cc) and (dd) of subclause (I) and except as provided in item (bb), a waiver of a potential conflict of interest, a waiver of an allocation limitation, or a similar activity, applicable to a transaction pursuant to the terms of an agreement governing an investment fund shall not be considered to constitute control of investment decisions of the fund or decisions relating to entities in which the fund is invested.
The Committee may prescribe regulations providing for exceptions to item (aa) for extraordinary circumstances.
For purposes of subparagraph (B)(iii), the term “other investment” does not include an investment involving an air carrier, as defined in section 40102(a)(2) of title 49 , that holds a certificate issued under section 41102 of that title.
Any definition of “critical infrastructure” established under any provision of law other than this section shall not be determinative for purposes of this section.
The Committee shall prescribe regulations that further define the term “foreign person” for purposes of clauses (ii) and (iii) of subparagraph (B). In prescribing such regulations, the Committee shall specify criteria to limit the application of such clauses to the investments of certain categories of foreign persons. Such criteria shall take into consideration how a foreign person is connected to a foreign country or foreign government, and whether the connection may affect the national security of the United States.
The Committee shall prescribe regulations to clarify that the term “covered transaction” includes any transaction described in subparagraph (B) that arises pursuant to a bankruptcy proceeding or other form of default on debt.
The term “critical infrastructure” means, subject to regulations prescribed by the Committee, systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on national security.
The term “critical technologies” means the following:
Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations.
Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
for reasons relating to regional stability or surreptitious listening.
Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities).
Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material).
Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code.
Emerging and foundational technologies controlled pursuant to section 4817 of this title.
The chairperson may recommend technologies for identification under the interagency process set forth in section 4817(a) of this title .
Recommendations by the chairperson under clause (i) shall draw upon information arising from reviews and investigations conducted under subsection (b), notices submitted under subsection (b)(1)(C)(i), declarations filed under subsection (b)(1)(C)(v), and non-notified and non-declared transactions identified under subsection (b)(1)(H).
The term “foreign government-controlled transaction” means any covered transaction that could result in the control of any United States business by a foreign government or an entity controlled by or acting on behalf of a foreign government.
The term “intelligence community” has the meaning given that term in section 3003(4) of title 50 .
The term “investment” means the acquisition of equity interest, including contingent equity interest, as further defined in regulations prescribed by the Committee.
The term “lead agency” means the agency or agencies designated as the lead agency or agencies pursuant to subsection (k)(5).
The term “party” has the meaning given that term in regulations prescribed by the Committee.
The term “United States” means the several States, the District of Columbia, and any territory or possession of the United States.
The term “United States business” means a person engaged in interstate commerce in the United States.
Upon receiving written notification under subparagraph (C) of any covered transaction, or pursuant to a unilateral notification initiated under subparagraph (D) with respect to any covered transaction, the President, acting through the Committee—
shall review the covered transaction to determine the effects of the transaction on the national security of the United States; and
shall consider the factors specified in subsection (f) for such purpose, as appropriate.
If the Committee determines that the covered transaction is a foreign government-controlled transaction, the Committee shall conduct an investigation of the transaction under paragraph (2).
Any party or parties to any covered transaction may initiate a review of the transaction under this paragraph by submitting a written notice of the transaction to the Chairperson of the Committee.
Subject to item (cc), the Committee shall provide comments on a draft or formal written notice or accept a formal written notice submitted under subclause (I) with respect to a covered transaction not later than the date that is 10 business days after the date of submission of the draft or formal written notice.
If the Committee determines that a draft or formal written notice described in item (aa) is not complete, the Committee shall notify the party or parties to the transaction in writing that the notice is not complete and provide an explanation of all material respects in which the notice is incomplete.
The timing requirement under item (aa) shall apply only in a case in which the parties stipulate under clause (vi) that the transaction is a covered transaction.
No covered transaction for which a notice was submitted under clause (i) may be withdrawn from review, unless a written request for such withdrawal is submitted to the Committee by any party to the transaction and approved by the Committee.
A request for withdrawal under clause (ii) shall not be construed to preclude any party to the covered transaction from continuing informal discussions with the Committee or any member thereof regarding possible resubmission for review pursuant to this paragraph.
The Committee may require a written notice submitted under clause (i) to include a copy of any partnership agreements, integration agreements, or other side agreements relating to the transaction, as specified in regulations prescribed by the Committee.
A party to any covered transaction may submit to the Committee a declaration with basic information regarding the transaction instead of a written notice under clause (i).
The Committee shall prescribe regulations establishing requirements for declarations submitted under this clause. In prescribing such regulations, the Committee shall ensure that such declarations are submitted as abbreviated notifications that would not generally exceed 5 pages in length.
Upon receiving a declaration under this clause with respect to a covered transaction, the Committee may, at the discretion of the Committee—
request that the parties to the transaction file a written notice under clause (i);
inform the parties to the transaction that the Committee is not able to complete action under this section with respect to the transaction on the basis of the declaration and that the parties may file a written notice under clause (i) to seek written notification from the Committee that the Committee has completed all action under this section with respect to the transaction;
initiate a unilateral review of the transaction under subparagraph (D); or
notify the parties in writing that the Committee has completed all action under this section with respect to the transaction.
The Committee shall take action under item (aa) not later than 30 days after receiving a declaration under this clause.
Nothing in this subclause (other than item (aa)(CC)) shall be construed to affect the authority of the President or the Committee to take any action authorized by this section with respect to a covered transaction.
The Committee shall prescribe regulations specifying the types of covered transactions for which the Committee requires a declaration under this subclause.
Except as provided in subitem (BB), the parties to a covered transaction shall submit a declaration described in subclause (I) with respect to the transaction if the transaction involves an investment that results in the acquisition, directly or indirectly, of a substantial interest in a United States business described in subsection (a)(4)(B)(iii) by a foreign person in which a foreign government has, directly or indirectly, a substantial interest.
In this item, the term “substantial interest” has the meaning given that term in regulations which the Committee shall prescribe. In developing those regulations, the Committee shall consider the means by which a foreign government could influence the actions of a foreign person, including through board membership, ownership interest, or shareholder rights. An interest that is excluded under subparagraph (D) of subsection (a)(4) from the term “other investment” as used in subparagraph (B)(iii) of that subsection or that is less than a 10 percent voting interest shall not be considered a substantial interest.
The Committee may waive, with respect to a foreign person, the requirement under subitem (AA) for the submission of a declaration described in subclause (I) if the Committee determines that the foreign person demonstrates that the investments of the foreign person are not directed by a foreign government and the foreign person has a history of cooperation with the Committee.
The Committee may require the submission of a declaration described in subclause (I) with respect to any covered transaction identified under regulations prescribed by the Committee for purposes of this item, at the discretion of the Committee, that involves a United States business described in subsection (a)(4)(B)(iii)(II).
The submission of a declaration described in subclause (I) shall not be required pursuant to this subclause with respect to an investment by an investment fund if—
the fund is managed exclusively by a general partner, a managing member, or an equivalent;
the general partner, managing member, or equivalent is not a foreign person; and
the investment fund satisfies, with respect to any foreign person with membership as a limited partner on an advisory board or a committee of the fund, the criteria specified in items (cc) and (dd) of subsection (a)(4)(D)(iv).
Parties to a covered transaction for which a declaration is required under this subclause may instead elect to submit a written notice under clause (i).
In the regulations prescribed under item (aa), the Committee may not require a declaration to be submitted under this subclause with respect to a covered transaction more than 45 days before the completion of the transaction.
The Committee may not request or recommend that a declaration submitted under this subclause be withdrawn and refiled, except to permit parties to a covered transaction to correct material errors or omissions in the declaration submitted with respect to that transaction.
The Committee may impose a penalty pursuant to subsection (h)(3) with respect to a party that fails to comply with this subclause.
In a written notice submitted under clause (i) or a declaration submitted under clause (v) with respect to a transaction, a party to the transaction may—
stipulate that the transaction is a covered transaction; and
if the party stipulates that the transaction is a covered transaction under item (aa), stipulate that the transaction is a foreign government-controlled transaction.
A written notice submitted under clause (i) or a declaration submitted under clause (v) that includes a stipulation under subclause (I) shall include a description of the basis for the stipulation.
Subject to subparagraph (G), the President or the Committee may initiate a review under subparagraph (A) of—
any covered transaction (other than a covered transaction described in subparagraph (E));
any covered transaction described in subparagraph (E), if any party to the transaction submitted false or misleading material information to the Committee in connection with the Committee’s consideration of the transaction or omitted material information, including material documents, from information submitted to the Committee; or
any covered transaction described in subparagraph (E), if—
any party to the transaction or the entity resulting from consummation of the transaction materially breaches a mitigation agreement or condition described in subsection (l)(3)(A);
such breach is certified to the Committee by the lead department or agency monitoring and enforcing such agreement or condition as a material breach; and
the Committee determines that there are no other adequate and appropriate remedies or enforcement tools available to address such breach.
A covered transaction is described in this subparagraph if—
the Committee has informed the parties to the transaction in writing that the Committee has completed all action under this section with respect to the transaction; or
the President has announced a decision not to exercise the President’s authority under subsection (d) with respect to the transaction.
Any review under this paragraph shall be completed before the end of the 45-day period beginning on the date of the acceptance of written notice under subparagraph (C) by the chairperson, or beginning on the date of the initiation of the review in accordance with subparagraph (D), as applicable.
The authority of the Committee to initiate a review under subparagraph (D) may not be delegated to any person, other than the Deputy Secretary or an appropriate Under Secretary of the department or agency represented on the Committee.
The Committee shall establish a process to identify covered transactions for which—
a notice under clause (i) of subparagraph (C) or a declaration under clause (v) of that subparagraph is not submitted to the Committee; and
information is reasonably available.
In each case described in subparagraph (B), the Committee shall immediately conduct an investigation of the effects of a covered transaction on the national security of the United States, and take any necessary actions in connection with the transaction to protect the national security of the United States.
Subparagraph (A) shall apply in each case in which—
a review of a covered transaction under paragraph (1) results in a determination that—
the transaction threatens to impair the national security of the United States and the risk has not been mitigated during or prior to the review of a covered transaction under paragraph (1);
the transaction is a foreign government-controlled transaction; or
the transaction would result in control of any critical infrastructure of or within the United States by or on behalf of any foreign person, if the Committee determines that the transaction could impair national security, and that such impairment to national security has not been mitigated by assurances provided or renewed with the approval of the Committee, as described in subsection (l), during the review period under paragraph (1); or
the lead agency recommends, and the Committee concurs, that an investigation be undertaken.
Except as provided in clause (ii), any investigation under subparagraph (A) shall be completed before the end of the 45-day period beginning on the date on which the investigation commenced.
In extraordinary circumstances (as defined by the Committee in regulations), the chairperson may, at the request of the head of the lead agency, extend an investigation under subparagraph (A) for one 15-day period.
The authority of the chairperson and the head of the lead agency referred to in subclause (I) may not be delegated to any person other than the Deputy Secretary of the Treasury or the deputy head (or equivalent thereof) of the lead agency, as the case may be.
If the Committee extends the deadline under subclause (I) with respect to a covered transaction, the Committee shall notify the parties to the transaction of the extension.
Notwithstanding subparagraph (B)(i), an investigation of a foreign government-controlled transaction described in subclause (II) of subparagraph (B)(i) or a transaction involving critical infrastructure described in subclause (III) of subparagraph (B)(i) shall not be required under this paragraph, if the Secretary of the Treasury and the head of the lead agency jointly determine, on the basis of the review of the transaction under paragraph (1), that the transaction will not impair the national security of the United States.
The authority of the Secretary or the head of an agency referred to in clause (i) may not be delegated to any person, other than the Deputy Secretary of the Treasury or the deputy head (or the equivalent thereof) of the lead agency, respectively.
The Chairperson shall, not later than 180 days after the effective date of the Foreign Investment and National Security Act of 2007, publish in the Federal Register guidance on the types of transactions that the Committee has reviewed and that have presented national security considerations, including transactions that may constitute covered transactions that would result in control of critical infrastructure relating to United States national security by a foreign government or an entity controlled by or acting on behalf of a foreign government.
Upon completion of a review under this subsection that concludes action under this section, or upon the Committee making a notification under paragraph (1)(C)(v)(III)(aa)(DD), the chairperson and the head of the lead agency shall transmit a certified notice to the members of Congress specified in subparagraph (C)(iii).
As soon as is practicable after completion of an investigation under subsection (b) that concludes action under this section, the chairperson and the head of the lead agency shall transmit to the members of Congress specified in subparagraph (C)(iii) a certified written report (consistent with the requirements of subsection (c)) on the results of the investigation, unless the matter under investigation has been sent to the President for decision.
Each certified notice and report required under subparagraphs (A) and (B), respectively, shall be submitted to the members of Congress specified in clause (iii), and shall include—
a description of the actions taken by the Committee with respect to the transaction;
a certification that all relevant national security factors have received full consideration; and
whether the transaction is described under clause (i), (ii), (iii), (iv), or (v) of subsection (a)(4)(B).
Each certified notice and report required under subparagraphs (A) and (B), respectively, shall be signed by the chairperson and the head of the lead agency, and shall state that, in the determination of the Committee, there are no unresolved national security concerns with the transaction that is the subject of the notice or report.
Each certified notice and report required under subparagraphs (A) and (B), respectively, shall be transmitted—
to the Majority Leader and the Minority Leader of the Senate;
to the chair and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate and of any committee of the Senate having oversight over the lead agency;
to the Speaker and the Minority Leader of the House of Representatives;
to the chair and ranking member of the Committee on Financial Services of the House of Representatives and of any committee of the House of Representatives having oversight over the lead agency; and
with respect to covered transactions involving critical infrastructure, to the members of the Senate from the State in which the principal place of business of the acquired United States person is located, and the member from the Congressional District in which such principal place of business is located.
Each certified notice and report required under subparagraphs (A) and (B), respectively, shall be signed by the chairperson and the head of the lead agency, which signature requirement may only be delegated in accordance with subclause (II).
Subject to item (bb), the chairperson, in consultation with the Committee, may determine the level of official to whom the signature requirement under subclause (I) for the chairperson and the head of the lead agency may be delegated. The level of official to whom the signature requirement may be delegated may differ based on any factor relating to a transaction that the chairperson, in consultation with the Committee, deems appropriate, including the type or value of the transaction.
The signature requirement under subclause (I) may be delegated not below the level of the Assistant Secretary of the Treasury or an equivalent official of the lead agency.
Instead of transmitting a separate certified notice or certified report under subparagraph (A) or (B) with respect to each covered transaction, the Committee may, on a monthly basis, transmit such notices and reports in a consolidated document to the Members of Congress specified in clause (iii).
Except as provided in subparagraph (B), the Director of National Intelligence shall expeditiously carry out a thorough analysis of any threat to the national security of the United States posed by any covered transaction, which shall include the identification of any recognized gaps in the collection of intelligence relevant to the analysis.
The Director shall seek and incorporate into the analysis required by clause (i) the views of all affected or appropriate agencies of the intelligence community with respect to the transaction.
At the request of the lead agency, the Director shall update the analysis conducted under clause (i) with respect to a covered transaction with respect to which an agreement was entered into under subsection ( l )(3)(A).
The Committee shall ensure that its processes under this section preserve the ability of the Director to conduct analysis under clause (i) that is independent, objective, and consistent with all applicable directives, policies, and analytic tradecraft standards of the intelligence community.
The Director of National Intelligence may provide the Committee with basic information regarding any threat to the national security of the United States posed by a covered transaction described in clause (ii) instead of conducting the analysis required by subparagraph (A).
A covered transaction is described in this clause if—
the transaction is described in subsection (a)(4)(B)(ii);
the Director of National Intelligence has completed an analysis pursuant to subparagraph (A) involving each foreign person that is a party to the transaction during the 12 months preceding the review or investigation of the transaction under this section; or
the transaction otherwise meets criteria agreed upon by the Committee and the Director for purposes of this subparagraph.
The analysis required under subparagraph (A) shall be provided by the Director of National Intelligence to the Committee not later than 30 days after the date on which notice of the transaction is accepted by the Committee under paragraph (1)(C), but such analysis may be supplemented or amended, as the Director considers necessary or appropriate, or upon a request for additional information by the Committee. The Director may begin the analysis at any time prior to acceptance of the notice, in accordance with otherwise applicable law.
The Director of National Intelligence shall ensure that the intelligence community remains engaged in the collection, analysis, and dissemination to the Committee of any additional relevant information that may become available during the course of any investigation conducted under subsection (b) with respect to a transaction.
The Director of National Intelligence shall be a nonvoting, ex officio member of the Committee, and shall be provided with all notices received by the Committee under paragraph (1)(C) regarding covered transactions, but shall serve no policy role on the Committee, other than to provide analysis under subparagraphs (A) and (C) in connection with a covered transaction.
The Director may provide to the Committee an assessment, separate from the analyses under subparagraphs (A) and (B), of any operational impact of a covered transaction on the intelligence community and a description of any actions that have been or will be taken to mitigate any such impact.
The Committee shall submit the analysis required by subparagraph (A) with respect to a covered transaction to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives upon the conclusion of action under this section (other than compliance plans under subsection ( l )(6)) with respect to the transaction.
No provision of this subsection shall be construed as prohibiting any party to a covered transaction from submitting additional information concerning the transaction, including any proposed restructuring of the transaction or any modifications to any agreements in connection with the transaction, while any review or investigation of the transaction is ongoing.
The Committee shall notify the parties to a covered transaction of the results of a review or investigation under this section, promptly upon completion of all action under this section.
Regulations prescribed under this section shall include standard procedures for—
submitting any notice of a covered transaction to the Committee;
submitting a request to withdraw a covered transaction from review;
resubmitting a notice of a covered transaction that was previously withdrawn from review; and
providing notice of the results of a review or investigation to the parties to the covered transaction, upon completion of all action under this section.
Any deadline or time limitation under this subsection shall be tolled during a lapse in appropriations.
Except as provided in paragraph (2), any information or documentary material filed with the President or the President’s designee pursuant to this section shall be exempt from disclosure under section 552 of title 5 , and no such information or documentary material may be made public.
Paragraph (1) shall not prohibit the disclosure of the following:
Information relevant to any administrative or judicial action or proceeding.
Information to Congress or any duly authorized committee or subcommittee of Congress.
Information important to the national security analysis or actions of the Committee to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the chairperson, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
Information that the parties have consented to be disclosed to third parties.
The chairperson, in consultation with other members of the Committee, should establish a formal process for the exchange of information under paragraph (2)(C) with governments of countries that are allies or partners of the United States, in the discretion of the chairperson, to protect the national security of the United States and those countries.
The process established under subparagraph (A) should, in the discretion of the chairperson—
be designed to facilitate the harmonization of action with respect to trends in investment and technology that could pose risks to the national security of the United States and countries that are allies or partners of the United States;
provide for the sharing of information with respect to specific technologies and entities acquiring such technologies as appropriate to ensure national security; and
include consultations and meetings with representatives of the governments of such countries on a recurring basis.
Subject to paragraph (4), the President may take such action for such time as the President considers appropriate to suspend or prohibit any covered transaction that threatens to impair the national security of the United States.
The President shall announce the decision on whether or not to take action pursuant to paragraph (1) with respect to a covered transaction not later than 15 days after the earlier of—
the date on which the investigation of the transaction under subsection (b) is completed; or
the date on which the Committee otherwise refers the transaction to the President under subsection (l)(2).
The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this subsection.
The President may exercise the authority conferred by paragraph (1), only if the President finds that—
there is credible evidence that leads the President to believe that a foreign person that would acquire an interest in a United States business or its assets as a result of the covered transaction might take action that threatens to impair the national security; and
provisions of law, other than this section and the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.], do not, in the judgment of the President, provide adequate and appropriate authority for the President to protect the national security in the matter before the President.
For purposes of determining whether to take action under paragraph (1), the President shall consider, among other factors each of the factors described in subsection (f), as appropriate.
The actions of the President under paragraph (1) of subsection (d) and the findings of the President under paragraph (4) of subsection (d) shall not be subject to judicial review.
A civil action challenging an action or finding under this section may be brought only in the United States Court of Appeals for the District of Columbia Circuit.
If a civil action challenging an action or finding under this section is brought, and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the challenge, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal.
The use of information provisions of sections 1806, 1825, 1845, and 1881e of this title shall not apply in a civil action brought under this subsection.
For purposes of this section, the President or the President’s designee may, taking into account the requirements of national security, consider—
domestic production needed for projected national defense requirements,
the capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services,
the control of domestic industries and commercial activity by foreign citizens as it affects the capability and capacity of the United States to meet the requirements of national security,
the potential effects of the proposed or pending transaction on sales of military goods, equipment, or technology to any country—
identified by the Secretary of State—
under section 4605(j) 1 of this title, as a country that supports terrorism;
under section 4605(l) 1 of this title, as a country of concern regarding missile proliferation; or
under section 4605(m) 1 of this title, as a country of concern regarding the proliferation of chemical and biological weapons;
identified by the Secretary of Defense as posing a potential regional military threat to the interests of the United States; or
listed under section 2139a(c) of title 42 on the “Nuclear Non-Proliferation-Special Country List” (15 C.F.R. Part 778, Supplement No. 4) or any successor list;
the potential effects of the proposed or pending transaction on United States international technological leadership in areas affecting United States national security;
the potential national security-related effects on United States critical infrastructure, including major energy assets;
the potential national security-related effects on United States critical technologies;
whether the covered transaction is a foreign government-controlled transaction, as determined under subsection (b)(1)(B);
as appropriate, and particularly with respect to transactions requiring an investigation under subsection (b)(1)(B), a review of the current assessment of—
the adherence of the subject country to nonproliferation control regimes, including treaties and multilateral supply guidelines, which shall draw on, but not be limited to, the annual report on “Adherence to and Compliance with Arms Control, Nonproliferation and Disarmament Agreements and Commitments” required by section 2593a of title 22;
the relationship of such country with the United States, specifically on its record on cooperating in counter-terrorism efforts, which shall draw on, but not be limited to, the report of the President to Congress under section 7120 of the Intelligence Reform and Terrorism Prevention Act of 2004; and
the potential for transshipment or diversion of technologies with military applications, including an analysis of national export control laws and regulations;
the long-term projection of United States requirements for sources of energy and other critical resources and material; and
such other factors as the President or the Committee may determine to be appropriate, generally or in connection with a specific review or investigation.
The Committee shall, upon request from any Member of Congress specified in subsection (b)(3)(C)(iii), promptly provide briefings on a covered transaction for which all action has concluded under this section, or on compliance with a mitigation agreement or condition imposed with respect to such transaction, on a classified basis, if deemed necessary by the sensitivity of the information. Briefings under this paragraph may be provided to the congressional staff of such a Member of Congress having appropriate security clearance.
The disclosure of information under this subsection shall be consistent with the requirements of subsection (c). Members of Congress and staff of either House of Congress or any committee of Congress, shall be subject to the same limitations on disclosure of information as are applicable under subsection (c).
Proprietary information which can be associated with a particular party to a covered transaction shall be furnished in accordance with subparagraph (A) only to a committee of Congress, and only when the committee provides assurances of confidentiality, unless such party otherwise consents in writing to such disclosure.
The President shall direct, subject to notice and comment, the issuance of regulations to carry out this section.
Regulations issued under this subsection shall—
provide for the imposition of civil penalties for any violation of this section, including any mitigation agreement entered into, conditions imposed, or order issued pursuant to this section;
to the extent possible—
minimize paperwork burdens; and
coordinate reporting requirements under this section with reporting requirements under any other provision of Federal law;
provide for an appropriate role for the Secretary of Labor with respect to mitigation agreements; and
provide that, in any review or investigation of a covered transaction conducted by the Committee under subsection (b), the Committee should—
consider the factors specified in subsection (f); and
as appropriate, require parties to provide to the Committee the information necessary to consider such factors.
No provision of this section shall be construed as altering or affecting any other authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law, including the International Emergency Economic Powers Act [ 50 U.S.C. 1701 et seq.], or any other authority of the President or the Congress under the Constitution of the United States.
In any case in which an assessment of the risk of diversion of defense critical technology is performed by a designee of the President, a copy of such assessment shall be provided to any other designee of the President responsible for reviewing or investigating a transaction under this section.
The Committee on Foreign Investment in the United States, established pursuant to Executive Order No. 11858, shall be a multi agency committee to carry out this section and such other assignments as the President may designate.
The Committee shall be comprised of the following members or the designee of any such member:
The Secretary of the Treasury.
The Secretary of Homeland Security.
The Secretary of Commerce.
The Secretary of Defense.
The Secretary of State.
The Attorney General of the United States.
The Secretary of Energy.
The Secretary of Labor (nonvoting, ex officio).
The Director of National Intelligence (nonvoting, ex officio).
The heads of any other executive department, agency, or office, as the President determines appropriate, generally or on a case-by-case basis.
The Secretary of the Treasury shall serve as the chairperson of the Committee.
Each member of the Committee shall designate an Assistant Secretary, or an equivalent official, who is appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the member of the Committee may delegate.
There shall be established in the Office of International Affairs at the Department of the Treasury 2 additional positions of Assistant Secretary of the Treasury, who shall be appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the Secretary of the Treasury may delegate, consistent with this section.
One of the positions of Assistant Secretary of the Treasury authorized under subclause (I) shall be the Assistant Secretary for Investment Security, whose duties shall be principally related to the Committee, as delegated by the Secretary of the Treasury under this section.
The heads of the departments and agencies represented on the Committee may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service (as defined in section 2102 of that title) in their respective departments and agencies. The primary responsibility of positions authorized under the preceding sentence shall be to administer this section.
The Secretary of the Treasury shall designate, as appropriate, a member or members of the Committee to be the lead agency or agencies on behalf of the Committee—
for each covered transaction, and for negotiating any mitigation agreements or other conditions necessary to protect national security; and
for all matters related to the monitoring of the completed transaction, to ensure compliance with such agreements or conditions and with this section.
The chairperson shall consult with the heads of such other Federal departments, agencies, and independent establishments in any review or investigation under subsection (a), as the chairperson determines to be appropriate, on the basis of the facts and circumstances of the covered transaction under review or investigation (or the designee of any such department or agency head).
The Committee shall meet upon the direction of the President or upon the call of the chairperson, without regard to section 552b of title 5 (if otherwise applicable).
The Committee, acting through the chairperson, may suspend a proposed or pending covered transaction that may pose a risk to the national security of the United States for such time as the covered transaction is under review or investigation under subsection (b).
The Committee may, at any time during the review or investigation of a covered transaction under subsection (b), complete the action of the Committee with respect to the transaction and refer the transaction to the President for action pursuant to subsection (d).
The Committee or a lead agency may, on behalf of the Committee, negotiate, enter into or impose, and enforce any agreement or condition with any party to the covered transaction in order to mitigate any risk to the national security of the United States that arises as a result of the covered transaction.
If a party to a covered transaction has voluntarily chosen to abandon the transaction, the Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to the covered transaction for purposes of effectuating such abandonment and mitigating any risk to the national security of the United States that arises as a result of the covered transaction.
The Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to a completed covered transaction in order to mitigate any interim risk to the national security of the United States that may arise as a result of the covered transaction until such time that the Committee has completed action pursuant to subsection (b) or the President has taken action pursuant to subsection (d) with respect to the transaction.
The chairperson and the head of the lead agency shall periodically review the appropriateness of an agreement or condition imposed under subparagraph (A) and terminate, phase out, or otherwise amend the agreement or condition if a threat no longer requires mitigation through the agreement or condition.
An agreement may not be entered into or condition imposed under subparagraph (A) with respect to a covered transaction unless the Committee determines that the agreement or condition resolves the national security concerns posed by the transaction, taking into consideration whether the agreement or condition is reasonably calculated to—
be effective;
allow for compliance with the terms of the agreement or condition in an appropriately verifiable way; and
enable effective monitoring of compliance with and enforcement of the terms of the agreement or condition.
The provisions of section 4556(b) of this title shall apply to any mitigation agreement entered into or condition imposed under subparagraph (A).
Any determination of the Committee to suspend a covered transaction under paragraph (1), to refer a covered transaction to the President under paragraph (2), or to negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to a covered transaction, shall be based on a risk-based analysis, conducted by the Committee, of the effects on the national security of the United States of the covered transaction, which shall include an assessment of the threat, vulnerabilities, and consequences to national security related to the transaction.
Any member of the Committee who concludes that a covered transaction poses an unresolved national security concern shall recommend to the Committee that the Committee suspend the transaction under paragraph (1), refer the transaction to the President under paragraph (2), or negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to the transaction. In making that recommendation, the member shall propose or contribute to the risk-based analysis required by subparagraph (A).
If the Committee fails to reach consensus with respect to a recommendation under clause (i) regarding a covered transaction, the members of the Committee who support an alternative recommendation shall produce—
a written statement justifying the alternative recommendation; and
as appropriate, a risk-based analysis that supports the alternative recommendation.
For purposes of subparagraph (A), the terms “threat”, “vulnerabilities”, and “consequences to national security” shall have the meanings given those terms by the Committee by regulation.
If any written notice of a covered transaction that was submitted to the Committee under this section is withdrawn before any review or investigation by the Committee under subsection (b) is completed, the Committee shall establish, as appropriate—
interim protections to address specific concerns with such transaction that have been raised in connection with any such review or investigation pending any resubmission of any written notice under this section with respect to such transaction and further action by the President under this section;
specific time frames for resubmitting any such written notice; and
a process for tracking any actions that may be taken by any party to the transaction, in connection with the transaction, before the notice referred to in clause (ii) is resubmitted.
The lead agency, other than any entity of the intelligence community, shall, on behalf of the Committee, ensure that the requirements of subparagraph (A) with respect to any covered transaction that is subject to such subparagraph are met.
The lead agency shall negotiate, modify, monitor, and enforce, on behalf of the Committee, any agreement entered into or condition imposed under paragraph (3) with respect to a covered transaction, based on the expertise with and knowledge of the issues related to such transaction on the part of the designated department or agency. The lead agency may, at its discretion, seek and receive the assistance of other departments or agencies in carrying out the purposes of this paragraph.
The lead agency in connection with any agreement entered into or condition imposed with respect to a covered transaction shall—
provide periodic reports to the Committee on any material modification to any such agreement or condition imposed with respect to the transaction; and
ensure that any material modification to any such agreement or condition is reported to the Director of National Intelligence, the Attorney General of the United States, and any other Federal department or agency that may have a material interest in such modification.
In the case of a covered transaction with respect to which an agreement is entered into under paragraph (3)(A), the Committee or lead agency, as the case may be, shall formulate, adhere to, and keep updated a plan for monitoring compliance with the agreement.
Each plan required by clause (i) with respect to an agreement entered into under paragraph (3)(A) shall include an explanation of—
which member of the Committee will have primary responsibility for monitoring compliance with the agreement;
how compliance with the agreement will be monitored;
how frequently compliance reviews will be conducted;
whether an independent entity will be utilized under subparagraph (E) to conduct compliance reviews; and
what actions will be taken if the parties fail to cooperate regarding monitoring compliance with the agreement.
If, at any time after a mitigation agreement or condition is entered into or imposed under paragraph (3)(A), the Committee or lead agency, as the case may be, determines that a party or parties to the agreement or condition are not in compliance with the terms of the agreement or condition, the Committee or lead agency may, in addition to the authority of the Committee to impose penalties pursuant to subsection (h)(3) and to unilaterally initiate a review of any covered transaction under subsection (b)(1)(D)(iii)—
negotiate a plan of action for the party or parties to remediate the lack of compliance, with failure to abide by the plan or otherwise remediate the lack of compliance serving as the basis for the Committee to find a material breach of the agreement or condition;
require that the party or parties submit a written notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection with respect to a covered transaction initiated after the date of the determination of noncompliance and before the date that is 5 years after the date of the determination to the Committee to initiate a review of the transaction under subsection (b); or
seek injunctive relief.
If the parties to an agreement entered into under paragraph (3)(A) enter into a contract with an independent entity from outside the United States Government for the purpose of monitoring compliance with the agreement, the Committee shall take such action as is necessary to prevent a conflict of interest from arising by ensuring that the independent entity owes no fiduciary duty to the parties.
Any agreement or condition entered into or imposed under paragraph (3)(A) shall be considered binding on all successors and assigns unless and until the agreement or condition terminates on its own terms or is otherwise terminated by the Committee in its sole discretion.
Subject to subparagraphs (A) through (F), the Committee shall develop and agree upon methods for evaluating compliance with any agreement entered into or condition imposed with respect to a covered transaction that will allow the Committee to adequately ensure compliance without unnecessarily diverting Committee resources from assessing any new covered transaction for which a written notice under clause (i) of subsection (b)(1)(C) or declaration under clause (v) of that subsection has been filed, and if necessary, reaching a mitigation agreement with or imposing a condition on a party to such covered transaction or any covered transaction for which a review has been reopened for any reason.
The chairperson shall transmit a report to the chairman and ranking member of the committee of jurisdiction in the Senate and the House of Representatives, before July 31 of each year on all of the reviews and investigations of covered transactions completed under subsection (b) during the 12-month period covered by the report.
The annual report under paragraph (1) shall contain the following information, with respect to each covered transaction, for the reporting period:
A list of all notices filed and all reviews or investigations of covered transactions completed during the period, with—
a description of the outcome of each review or investigation, including whether an agreement was entered into or condition was imposed under subsection (l)(3)(A) with respect to the transaction being reviewed or investigated, and whether the President took any action under this section with respect to that transaction;
basic information on each party to each such transaction;
the nature of the business activities or products of the United States business with which the transaction was entered into or intended to be entered into; and
information about any withdrawal from the process.
Specific, cumulative, and, as appropriate, trend information on the numbers of filings, investigations, withdrawals, and decisions or actions by the President under this section.
Cumulative and, as appropriate, trend information on the business sectors involved in the filings which have been made, and the countries from which the investments have originated.
Information on whether companies that withdrew notices to the Committee in accordance with subsection (b)(1)(C)(ii) have later refiled such notices, or, alternatively, abandoned the transaction.
The types of security arrangements and conditions the Committee has used to mitigate national security concerns about a transaction, including a discussion of the methods that the Committee and any lead agency are using to determine compliance with such arrangements or conditions.
A detailed discussion of all perceived adverse effects of covered transactions on the national security or critical infrastructure of the United States that the Committee will take into account in its deliberations during the period before delivery of the next report, to the extent possible.
Statistics on compliance plans conducted and actions taken by the Committee under subsection (l)(6), including subparagraph (D) of that subsection, during that period, a general assessment of the compliance of parties with agreements entered into and conditions imposed under subsection (l)(3)(A) that are in effect during that period, including a description of any actions taken by the Committee to impose penalties or initiate a unilateral review pursuant to subsection (b)(1)(D)(iii), and any recommendations for improving the enforcement of such agreements and conditions.
Cumulative and, as appropriate, trend information on the number of declarations filed under subsection (b)(1)(C)(v), the actions taken by the Committee in response to those declarations, the business sectors involved in those declarations, and the countries involved in those declarations.
A description of—
the methods used by the Committee to identify non-notified and non-declared transactions under subsection (b)(1)(H);
potential methods to improve such identification and the resources required to do so; and
the number of transactions identified through the process established under that subsection during the reporting period and the number of such transactions flagged for further review.
A summary of the hiring practices and policies of the Committee pursuant to subsection (k)(4).
A list of the waivers granted by the Committee under subsection (b)(1)(C)(v)(IV)(bb)(CC).
Information on whether the most recent list of sites identified under subsection (a)(4)(C)(iii) reflects consideration of any recommended updates and revisions submitted under subclause (II) of that subsection. Upon request from the Committee on Financial Services of the House of Representatives or the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee shall provide to that committee a classified briefing regarding that list.
In order to assist Congress in its oversight responsibilities with respect to this section, the President and such agencies as the President shall designate shall include in the annual report submitted under paragraph (1)—
an evaluation of whether there is credible evidence of a coordinated strategy by 1 or more countries or companies to acquire United States companies involved in research, development, or production of critical technologies for which the United States is a leading producer;
an evaluation of whether there are industrial espionage activities directed or directly assisted by foreign governments against private United States companies aimed at obtaining commercial secrets related to critical technologies; and
a description of the technologies recommended by the chairperson under subsection (a)(6)(B) for identification under the interagency process set forth in section 4817(a) of this title.
All appropriate portions of the annual report under paragraph (1) may be classified. An unclassified version of the report, as appropriate, consistent with safeguarding national security and privacy, shall be made available to the public.
If the Committee recommends that the President suspend or prohibit a covered transaction because the transaction threatens to impair the national security of the United States, the Committee shall, in the classified version of the report required under paragraph (1), notify Congress of the recommendation and, upon request, provide a classified briefing on the recommendation.
The unclassified version of the report required under paragraph (1) shall include, with respect to covered transactions for the reporting period—
the number of notices submitted under subsection (b)(1)(C)(i);
the number of declarations submitted under subsection (b)(1)(C)(v) and the number of such declarations that were required under subclause (IV) of that subsection;
the number of declarations submitted under subsection (b)(1)(C)(v) for which the Committee required resubmission as notices under subsection (b)(1)(C)(i);
the average number of days that elapsed between submission of a declaration under subsection (b)(1)(C)(v) and the acceptance of the declaration by the Committee;
the median and average number of days that elapsed between acceptance of a declaration by the Committee and a response described in subsection (b)(1)(C)(v)(III);
information on the time it took the Committee to provide comments on, or to accept, notices submitted under subsection (b)(1)(C)(i), including—
the average number of business days that elapsed between the date of submission of a draft notice and the date on which the Committee provided written comments on the draft notice;
the average number of business days that elapsed between the date of submission of a formal written notice and the date on which the Committee accepted or provided written comments on the formal written notice; and
if the average number of business days for a response by the Committee reported under subclause (I) or (II) exceeded 10 business days—
an explanation of the causes of such delays, including whether such delays are caused by resource shortages, unusual fluctuations in the volume of notices, transaction characteristics, or other factors; and
an explanation of the steps that the Committee anticipates taking to mitigate the causes of such delays and otherwise to improve the ability of the Committee to provide comments on, or to accept, notices within 10 business days;
the number of reviews or investigations conducted under subsection (b);
the number of investigations that were subject to an extension under subsection (b)(2)(C)(ii);
information on the duration of those reviews and investigations, including the median and average number of days required to complete those reviews and investigations;
the number of notices submitted under subsection (b)(1)(C)(i) and declarations submitted under subsection (b)(1)(C)(v) that were rejected by the Committee;
the number of such notices and declarations that were withdrawn by a party to the covered transaction;
the number of such withdrawals that were followed by the submission of a subsequent such notice or declaration relating to a substantially similar covered transaction; and
such other specific, cumulative, or trend information that the Committee determines is advisable to provide for an assessment of the time required for reviews and investigations of covered transactions under this section.
Each notice, and any followup information, submitted under this section and regulations prescribed under this section to the President or the Committee by a party to a covered transaction, and any information submitted by any such party in connection with any action for which a report is required pursuant to paragraph (6)(B) of subsection (l), with respect to the implementation of any mitigation agreement or condition described in paragraph (3)(A) of subsection (l), or any material change in circumstances, shall be accompanied by a written statement by the chief executive officer or the designee of the person required to submit such notice or information certifying that, to the best of the knowledge and belief of that person—
the notice or information submitted fully complies with the requirements of this section or such regulation, agreement, or condition; and
the notice or information is accurate and complete in all material respects.
The Committee may not complete a review under this section of a covered transaction and may recommend to the President that the President suspend or prohibit the transaction under subsection (d) if the Committee determines that a party to the transaction has—
failed to submit a statement required by paragraph (1); or
included false or misleading information in a notice or information described in paragraph (1) or omitted material information from such notice or information.
The Committee shall prescribe regulations expressly providing for the application of section 1001 of title 18 , United States Code, to all information provided to the Committee under this section by any party to a covered transaction.
Not later than March 31 of each year, the chairperson, or the designee of the chairperson, shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate to present testimony on—
anticipated resources necessary for operations of the Committee in the following fiscal year at each of the departments or agencies represented on the Committee;
the adequacy of appropriations for the Committee in the current and the previous fiscal year to—
ensure that thorough reviews and investigations are completed as expeditiously as possible;
monitor and enforce mitigation agreements; and
identify covered transactions for which a notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection was not submitted to the Committee;
management efforts to strengthen the ability of the Committee to meet the requirements of this section; and
activities of the Committee undertaken in order to—
educate the business community, with a particular focus on the technology sector and other sectors of importance to national security, on the goals and operations of the Committee;
disseminate to the governments of countries that are allies or partners of the United States best practices of the Committee that—
strengthen national security reviews of relevant investment transactions; and
expedite such reviews when appropriate; and
promote openness to foreign investment, consistent with national security considerations.
This subsection shall have no force or effect on or after the date that is 7 years after August 13, 2018 .
There is established in the Treasury of the United States a fund, to be known as the “Committee on Foreign Investment in the United States Fund” (in this subsection referred to as the “Fund”), to be administered by the chairperson.
There are authorized to be appropriated to the Fund for each of fiscal years 2019 through 2023 $20,000,000 to perform the functions of the Committee.
The Committee may assess and collect a fee in an amount determined by the Committee in regulations, to the extent provided in advance in appropriations Acts, without regard to section 9701 of title 31 , and subject to subparagraph (B), with respect to each covered transaction for which a written notice is submitted to the Committee under subsection (b)(1)(C)(i). The total amount of fees collected under this paragraph may not exceed the costs of administering this section.
The amount of the fee to be assessed under subparagraph (A) with respect to a covered transaction—
may not exceed an amount equal to the lesser of—
1 percent of the value of the transaction; or
$300,000, adjusted annually for inflation pursuant to regulations prescribed by the Committee; and
shall be based on the value of the transaction, taking into account—
the effect of the fee on small business concerns (as defined in section 632 of title 15);
the expenses of the Committee associated with conducting activities under this section;
the effect of the fee on foreign investment; and
such other matters as the Committee considers appropriate.
The Committee shall periodically reconsider and adjust the amount of the fee to be assessed under subparagraph (A) with respect to a covered transaction to ensure that the amount of the fee does not exceed the costs of administering this section and otherwise remains appropriate.
Notwithstanding section 3302 of title 31, fees collected under subparagraph (A) shall—
be deposited into the Fund solely for use in carrying out activities under this section;
to the extent and in the amounts provided in advance in appropriations Acts, be available to the chairperson;
remain available until expended; and
be in addition to any appropriations made available to the members of the Committee.
Not later than 270 days after August 13, 2018 , the chairperson, in consultation with the Committee, shall complete a study of the feasibility and merits of establishing a fee or fee scale to prioritize the timing of the response of the Committee to a draft or formal written notice during the period before the Committee accepts the formal written notice under subsection (b)(1)(C)(i), in the event that the Committee is unable to respond during the time required by subclause (II) of that subsection because of an unusually large influx of notices, or for other reasons.
After completing the study required by clause (i), the chairperson, or a designee of the chairperson, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the findings of the study.
To the extent provided in advance in appropriations Acts, the chairperson may transfer any amounts in the Fund to any other department or agency represented on the Committee for the purpose of addressing emerging needs in carrying out activities under this section. Amounts so transferred shall be in addition to any other amounts available to that department or agency for that purpose.
The chairperson, in consultation with the Committee, may centralize certain functions of the Committee within the Department of the Treasury for the purpose of enhancing interagency coordination and collaboration in carrying out the functions of the Committee under this section.
Functions that may be centralized under paragraph (1) include identifying non-notified and non-declared transactions pursuant to subsection (b)(1)(H), and other functions as determined by the chairperson and the Committee.
Nothing in this section shall be construed as limiting the authority of any department or agency represented on the Committee to represent its own interests before the Committee.
Pub. L. 115–232, div. A, title XVII, § 1727(a), (b), Aug. 13, 2018, 132 Stat. 2206, 2207, as amended by Pub. L. 116–283, div. H, title XCVII, § 9721(b)(1), Jan. 1, 2021, 134 Stat. 4840, provided that:
“(a) Immediate Applicability of Certain Provisions .— The following shall take effect on the date of the enactment of this Act [ Aug. 13, 2018 ] and, as applicable, apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 [ 50 U.S.C. 4565 ] on or after such date of enactment: “(1) Sections 1705, 1707, 1708, 1709, 1710, 1713, 1714, 1715, 1716, 1717, 1718, 1720, 1721, 1722, 1723, 1724, and 1725 [amending this section and enacting provisions set out as a note under this section] and any amendments made by those sections. “(2) Section 1712 [amending this section] and the amendments made by that section (except for clause (iii) of section 721(b)(4)(A) of the Defense Production Act of 1950 [ 50 U.S.C. 4565(b)(4)(A) ], as added by section 1712). “(3) Paragraphs (1), (2), (3), (4)(A)(i), (4)(B)(i), (4)(B)(iv)(I), (4)(B)(v), (4)(F), (5), (6), (7), (8), (9), (10), (11), (12), and (13) of subsection (a) of section 721 of the Defense Production Act of 1950 [ 50 U.S.C. 4565 ], as amended by section 1703. “(4) Section 721(m)(4) of the Defense Production Act of 1950 [ 50 U.S.C. 4565(m)(4) ], as amended by section 1719 (except for clauses (ii), (iii), (iv), and (v) of subparagraph (C) of that section). “(b) Delayed Applicability of Certain Provisions.— “(1) In general .— Any provision of or amendment made by this subtitle [subtitle A (§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232 , amending this section and enacting provisions set out as notes under this section and section 4501 of this title ] not specified in subsection (a) shall— “(A) take effect on the earlier of— “(i) the date that is 18 months after the date of the enactment of this Act [ Aug. 13, 2018 ]; or “(ii) the date that is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee on Foreign Investment in the United States that the regulations, organizational structure, personnel, and other resources necessary to administer the new provisions are in place; and “(B) apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 [ 50 U.S.C. 4565 ] on or after the date described in subparagraph (A). “(2) Nondelegation of determination .— The determination of the chairperson of the Committee on Foreign Investment in the United States under paragraph (1)(A) may not be delegated.”
[Pub. L. 116–283, div. H, title XCVII, § 9721(b)(2), Jan. 1, 2021, 134 Stat. 4840, provided that:
“The amendments under paragraph (1) [amending section 1727(a) of Pub. L. 115–232 , set out above] shall take effect on the date of enactment of the Foreign Investment Risk Review Modernization Act of 2018 [ Aug. 13, 2018 ].”
]
Amendment by Pub. L. 110–49 applicable after the end of the 90-day period beginning on July 26, 2007, see section 12 of Pub. L. 110–49, set out as a note under section 5315 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.
Pub. L. 115–232, div. A, title XVII, § 1728, Aug. 13, 2018, 132 Stat. 2207, provided that:
“If any provision of this subtitle [subtitle A (§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232 , amending this section and enacting provisions set out as notes under this section and section 4501 of this title ] or an amendment made by this subtitle, or the application of such a provision or amendment to any person or circumstance, is held to be invalid, the application of that provision or amendment to other persons or circumstances and the remainder of the provisions of this subtitle and the amendments made by this subtitle, shall not be affected thereby.”
Pub. L. 115–232, div. A, title XVII, § 1702(a), Aug. 13, 2018, 132 Stat. 2174, provided that:
“Congress makes the following findings: “(1) According to a February 2016 report by the International Trade Administration of the Department of Commerce, 12,000,000 United States workers, equivalent to 8.5 percent of the labor force, have jobs resulting from foreign investment, including 3,500,000 jobs in the manufacturing sector alone. “(2) In 2016, new foreign direct investment in United States manufacturing totaled $129,400,000,000. “(3) The Bureau of Economic Analysis of the Department of Commerce concluded that, in 2015— “(A) foreign-owned affiliates in the United States— “(i) contributed $894,500,000,000 in value added to the United States economy; “(ii) exported goods valued at $352,800,000,000, accounting for nearly a quarter of total exports of goods from the United States; and “(iii) undertook $56,700,000,000 in research and development; and “(B) the 7 countries investing the most in the United States, all of which are United States allies (the United Kingdom, Japan, Germany, France, Canada, Switzerland, and the Netherlands) accounted for 72.1 percent of the value added by foreign-owned affiliates in the United States and more than 80 percent of research and development expenditures by such entities. “(4) According to the Government Accountability Office, from 2011 to 2016, the number of transactions reviewed by the Committee on Foreign Investment in the United States (commonly referred to as ‘CFIUS’) grew by 55 percent, while the staff of the Committees assigned to the reviews increased by 11 percent. “(5) According to a February 2018 report of the Government Accountability Office on the Committee on Foreign Investment in the United States (GAO–18–249): ‘Officials from Treasury and other member agencies are aware of pressures on their CFIUS staff given the current workload and have expressed concerns about possible workload increases.’. The Government Accountability Office concluded: ‘Without attaining an understanding of the staffing levels needed to address the current and future CFIUS workload, particularly if legislative changes to CFIUS’s authorities further expand its workload, CFIUS may be limited in its ability to fulfill its objectives and address threats to the national security of the United States.’. “(6) On March 30, 1954 , Dwight David Eisenhower—five-star general, Supreme Allied Commander, and 34th President of the United States—in his ‘Special Message to the Congress on Foreign Economic Policy’, counseled: ‘Great mutual advantages to buyer and seller, to producer and consumer, to investor and to the community where investment is made, accrue from high levels of trade and investment.’. President Eisenhower continued: ‘The internal strength of the American economy has evolved from such a system of mutual advantage. In the press of other problems and in the haste to meet emergencies, this nation—and many other nations of the free world—have all too often lost sight of this central fact.’. President Eisenhower concluded: ‘If we fail in our trade policy, we may fail in all. Our domestic employment, our standard of living, our security, and the solidarity of the free world—all are involved.’.”
Pub. L. 115–232, div. A, title XVII, § 1717(b), Aug. 13, 2018, 132 Stat. 2193, provided that:
“Not later than 90 days after the date of the enactment of this Act [ Aug. 13, 2018 ], the Committee on Foreign Investment in the United States shall— “(1) establish procedures for the recusal of any member of the Committee that has a conflict of interest with respect to a covered transaction (as defined in section 721(a) of the Defense Production Act of 1950 [ 50 U.S.C. 4565(a) ], as amended by section 1703); “(2) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report describing those procedures; and “(3) brief the committees specified in paragraph (1) on the report required by paragraph (2).”
Pub. L. 115–232, div. A, title XVII, § 1721, Aug. 13, 2018, 132 Stat. 2202, provided that:
“(a) In General .— Not later than 180 days after the date of the enactment of this Act [ Aug. 13, 2018 ], the chairperson of the Committee on Foreign Investment in the United States and the Secretary of Commerce shall, in consultation with the appropriate members of the Committee— “(1) develop plans to implement this subtitle [subtitle A (§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232 , amending this section and enacting provisions set out as notes under this section and section 4501 of this title ]; and “(2) submit to the appropriate congressional committees a report on the plans developed under paragraph (1), which shall include a description of— “(A) the timeline and process to implement the provisions of, and amendments made by, this subtitle; “(B) any additional staff necessary to implement the plans; and “(C) the resources required to effectively implement the plans. “(b) Annual Resource Needs of CFIUS Member Agencies .— Not later than one year after the submission of the report under subsection (a)(2), and annually thereafter for 7 years, each department or agency represented on the Committee on Foreign Investment in the United States shall submit to the appropriate congressional committees a detailed spending plan to expeditiously meet the requirements of section 721 of the Defense Production Act of 1950 [ 50 U.S.C. 4565 ], as amended by this subtitle, including estimated expenditures and staffing levels for not less than the following fiscal year. “(c) Testimony .— [Amended this section.] “(d) Appropriate Congressional Committees Defined .— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate; and “(2) the Committee on Financial Services and the Committee on Appropriations of the House of Representatives.”
Pub. L. 115–232, div. A, title XVII, § 1722, Aug. 13, 2018, 132 Stat. 2203, provided that:
“The President shall— “(1) determine whether and to what extent the expansion of the responsibilities of the Committee on Foreign Investment in the United States pursuant to the amendments made by this subtitle [subtitle A (§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232 , amending this section] necessitates additional resources for the Committee and the departments and agencies represented on the Committee to perform their functions under section 721 of the Defense Production Act of 1950 [ 50 U.S.C. 4565 ], as amended by this subtitle; and “(2) if the President determines that additional resources are necessary, include in the budget of the President for fiscal year 2019 and each fiscal year thereafter submitted to Congress under section 1105(a) of title 31 , United States Code, a request for such additional resources.”
Pub. L. 115–232, div. A, title XVII, § 1727(c), Aug. 13, 2018, 132 Stat. 2207, provided that:
“(1) In general .— Beginning on the date of the enactment of this Act [ Aug. 13, 2018 ] and ending on the date that is 570 days thereafter, the Committee on Foreign Investment in the United States may, at its discretion, conduct one or more pilot programs to implement any authority provided pursuant to any provision of or amendment made by this subtitle [subtitle A (§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232 , amending this section and enacting provisions set out as notes under this section and section 4501 of this title ] not specified in subsection (a) [set out in an Effective Date of 2018 Amendment note above]. “(2) Publication in federal register .— A pilot program under paragraph (1) may not commence until the date that is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee of the scope of and procedures for the pilot program. That determination may not be delegated.”
Pub. L. 110–49, § 7(c), July 26, 2007, 121 Stat. 258, provided that:
“(1) Study required .— Before the end of the 120-day period beginning on the date of enactment of this Act [ July 26, 2007 ] and annually thereafter, the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce, shall conduct a study on foreign direct investments in the United States, especially investments in critical infrastructure and industries affecting national security, by— “(A) foreign governments, entities controlled by or acting on behalf of a foreign government, or persons of foreign countries which comply with any boycott of Israel; or “(B) foreign governments, entities controlled by or acting on behalf of a foreign government, or persons of foreign countries which do not ban organizations designated by the Secretary of State as foreign terrorist organizations. “(2) Report .— Before the end of the 30-day period beginning upon the date of completion of each study under paragraph (1), and thereafter in each annual report under section 721(m) of the Defense Production Act of 1950 [ 50 U.S.C. 4565(m) ] (as added by this section), the Secretary of the Treasury shall submit a report to Congress, for transmittal to all appropriate committees of the Senate and the House of Representatives, containing the findings and conclusions of the Secretary with respect to the study described in paragraph (1), together with an analysis of the effects of such investment on the national security of the United States and on any efforts to address those effects.”
For delegation of functions of President under subsecs. (b)(1)(A), (D), (h), and (m)(3)(A) of this section, see section 4(a), (b) of Ex. Ord. No. 11858, May 7, 1975, 40 F.R. 20263, set out below.
Memorandum of the President of the United States, Oct. 26, 1988, 53 F.R. 43999, provided:
Memorandum for the Secretary of the Treasury
By virtue of the authority vested in me by the Constitution and statutes of the United States, including without limitation Section 301 of Title 3 of the United States Code, the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) [now 50 U.S.C. 4501 et seq.], and the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100–418, August 23, 1988) (the “Act”) [see Tables for classification], it is ordered as follows:
Pending the issuance of an Executive order to implement the Act, the Secretary of the Treasury is hereby designated and empowered to perform the following-described functions of the President: The authority vested in the President by Section 721 of the Defense Production Act of 1950, as amended [50 U.S.C. 4565], relative to mergers, acquisitions, and takeovers proposed or pending on or after the date of enactment of the Act [Aug. 23, 1988] by or with foreign persons which could result in foreign control of persons engaged in interstate commerce in the United States.
The Secretary of the Treasury shall consult with the Committee on Foreign investment in the United States, established pursuant to Executive Order No. 11858 [set out above] and chaired by the representative of the Secretary of the Treasury, to take such actions or make such recommendations as requested by the Secretary of the Treasury.
The delegation provided herein shall terminate, and this interim directive shall be without any further effect, except as may be provided in the Executive order implementing the Act, upon the effective date of such order.
This interim directive shall be published in the Federal Register.
Ronald Reagan.
The Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall provide support to and consult with the Federal Bureau of Investigation, the Committee on Foreign Investment in the United States, and other Federal agencies as appropriate when reviewing transactions relating to the acquisition of covered entities by foreign entities of concern, including attempts by the Government of the People’s Republic of China—
to leverage and acquire biological data in the United States; and
to leverage and acquire biological data outside the United States, including by providing economic support to the military, industrial, agricultural, or health care infrastructure of foreign countries.
Not later than 90 days after December 18, 2025, the Director of National Intelligence shall brief the appropriate congressional committees on—
a formal process for ensuring intelligence community support to Federal agencies relating to adversary acquisition of biological data, in compliance with Executive Order 14117 (50 U.S.C. 1701 note; relating to preventing access to Americans’ bulk sensitive personal data and United States Government-related data by countries of concern), or any successor order; and
any additional resources or authorities needed to provide intelligence community support under subsection (b)(1).
In this section:
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the congressional defense committees (as such term is defined in section 101(a) of title 10);
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives.
The term “biological data” means multiomic information and other relevant information, including associated descriptors, derived from the structure, function, or process of a biological system, that is either measured, collected, or aggregated for analysis, including information from humans, animals, plants, or microbes.
The term “covered entity” means a private entity involved in biological data (including biological data equipment, technologies, sequencing, or synthesis), including a biobank or other private entity that holds large amounts of biological data.
The term “foreign entity of concern” has the meaning given that term in section 19221(a) of title 42 .
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.
No entity controlled by a foreign government may merge with, acquire, or take over a company engaged in interstate commerce in the United States that—
is performing a Department of Defense contract, or a Department of Energy contract under a national security program, that cannot be performed satisfactorily unless that company is given access to information in a proscribed category of information; or
during the previous fiscal year, was awarded—
Department of Defense prime contracts in an aggregate amount in excess of $500,000,000; or
Department of Energy prime contracts under national security programs in an aggregate amount in excess of $500,000,000.
The limitation in subsection (a) shall not apply if a merger, acquisition, or takeover is not suspended or prohibited pursuant to section 4565 of this title .
In this section:
The term “entity controlled by a foreign government” includes—
as determined by the President.
any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and
any individual acting on behalf of a foreign government,
The term “proscribed category of information” means a category of information that—
with respect to Department of Defense contracts—
includes special access information;
is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and
is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and
with respect to Department of Energy contracts—
is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and
is defined in regulations prescribed by the Secretary of Energy for the purposes of this section.
There is established the Defense Production Act Committee (in this section referred to as the “Committee”), which shall coordinate and plan for on 1 1 So in original. The word “on” probably should not appear. the effective use of the priorities and allocations authorities under this chapter by the departments, agencies, and independent establishments of the Federal Government to which the President has delegated authority under this chapter.
The members of the Committee shall be—
the head of each Federal agency to which the President has delegated authority under this chapter; and
the Chairperson of the Council of Economic Advisors.
The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this chapter.
The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall—
be a full-time employee of the Federal Government;
report to the Chairperson; and
carry out such activities relating to the Committee as the Chairperson may determine appropriate.
The Committee shall issue a report each year by March 31 to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report signed by the Chairperson that contains—
a description of the contingency planning by each department, agency, or independent establishment of the Federal Government to which the President has delegated authority under this chapter for events that might require the use of the priorities and allocations authorities;
recommendations for the effective use of the priorities and allocations authorities in this chapter in a manner consistent with the statement of policy under section 4502(b) of this title;
recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this chapter;
recommendations for improving information sharing between departments, agencies, and independent establishments of the Federal Government relating to the use of the priorities and allocations authorities in this chapter;
up-to-date copies of the rules described under section 4511(d)(1) of this title; and
short attestations signed by each member of the Committee stating their concurrence in the report.
The provisions of chapter 10 of title 5 shall not apply to the Committee.
Section deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Memorandum of President of the United States, May 19, 2010, 75 F.R. 32087, provided:
Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security
Pursuant to the authority vested in me by section 722(b)(2) of the Defense Production Act of 1950, as amended (section 11 of Public Law 111–67; 50 App. U.S.C. 2171) [now 50 U.S.C. 4567(b)(2)] (the “Act”), I hereby designate the Secretary of Homeland Security and the Secretary of Defense as rotating Chairpersons of the Defense Production Act Committee (the “Committee”). The Chair shall rotate annually on April 1 of each year, with the Secretary of Homeland Security hereby designated to serve as Chairperson of the Committee for the remainder of this first term. The Secretary of Homeland Security and the Secretary of Defense are directed to formalize responsibilities for funding and administratively supporting the Committee through interagency agreement.
Furthermore, the Chairperson shall invite to each meeting of the Committee all Members of the Committee as defined in section 722(b) of the Act [50 U.S.C. 4567(b)], and shall ensure that the reporting requirements of section 722(d) of the Act [50 U.S.C. 4567(d)] are fulfilled.
The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
The President shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, a detailed annual report on the impact of offsets on the defense preparedness, industrial competitiveness, employment, and trade of the United States.
The Secretary of Commerce (hereafter in this subsection referred to as the “Secretary”) shall—
prepare the report required by paragraph (1);
consult with the Secretary of Defense, the Secretary of the Treasury, the Secretary of State, and the United States Trade Representative in connection with the preparation of such report; and
function as the President’s Executive Agent for carrying out this section.
Each report required under subsection (a) shall identify the cumulative effects of offset agreements on—
the full range of domestic defense productive capability (with special attention paid to the firms serving as lower-tier subcontractors or suppliers); and
the domestic defense technology base as a consequence of the technology transfers associated with such offset agreements.
Data developed or compiled by any agency while conducting any interagency study or other independent study or analysis shall be made available to the Secretary to facilitate the execution of the Secretary’s responsibilities with respect to trade offset and countertrade policy development.
If a United States firm enters into a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm and such contract is subject to an offset agreement exceeding $5,000,000 in value, such firm shall furnish to the official designated in the regulations promulgated pursuant to paragraph (2) information concerning such sale.
The information to be furnished under paragraph (1) shall be prescribed in regulations promulgated by the Secretary. Such regulations shall provide protection from public disclosure for such information, unless public disclosure is subsequently specifically authorized by the firm furnishing the information.
Each report under subsection (a) shall include—
a net assessment of the elements of the industrial base and technology base covered by the report;
recommendations for appropriate remedial action under the authority of this chapter, or other law or regulations;
a summary of the findings and recommendations of any interagency studies conducted during the reporting period under subsection (b);
a summary of offset arrangements concluded during the reporting period for which information has been furnished pursuant to subsection (c); and
a summary and analysis of any bilateral and multilateral negotiations relating to the use of offsets completed during the reporting period.
Each report required under this section shall include any alternative findings or recommendations offered by any departmental Secretary, agency head, or the United States Trade Representative to the Secretary.
The findings and recommendations of the reports required by subsection (a), and any interagency reports and analyses shall be considered by representatives of the United States during bilateral and multilateral negotiations to minimize the adverse effects of offsets.
Pub. L. 108–195, § 7(a), Dec. 19, 2003, 117 Stat. 2894, as amended by Pub. L. 111–67, § 12(b)(3), Sept. 30, 2009, 123 Stat. 2022, provided that:
“(1) In general .— As part of the annual report required under section 723(a) of the Defense Production Act of 1950 [ 50 U.S.C. 4568(a) ], the Secretary of Commerce (in this section referred to as the ‘Secretary’) shall— “(A) detail the number of foreign contracts involving domestic contractors that use offsets, industrial participation agreements, or similar arrangements during the preceding 5-year period; “(B) calculate the aggregate, median, and mean values of the contracts and the offsets, industrial participation agreements, and similar arrangements during the preceding 5-year period; and “(C) describe the impact of international or foreign sales of United States defense products and related offsets, industrial participation agreements, and similar arrangements on domestic prime contractors and, to the extent practicable, the first 3 tiers of domestic contractors and subcontractors during the preceding 5-year period in terms of domestic employment, including any job losses, on an annual basis. “(2) Use of internal documents .— To the extent that the Department of Commerce is already in possession of relevant data, the Department shall use internal documents or existing departmental records to carry out paragraph (1). “(3) Information from non-federal entities.— “(A) Existing information .— In carrying out paragraph (1), the Secretary shall only require a non-Federal entity to provide information that is available through the existing data collection and reporting systems of that non-Federal entity. “(B) Format .— The Secretary may require a non-Federal entity to provide information to the Secretary in the same form that is already provided to a foreign government in fulfilling an offset arrangement, industrial participation agreement, or similar arrangement.”
[Pub. L. 111–67, § 12(b)(3), which directed amendment of section 7(a) of the “Defense Production Act Amendments of 2003 (50 U.S.C. App. 2099 note)” by striking “section 309(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2099(a))” and inserting “section 723(a) of the Defense Production Act of 1950”, was executed to section 7(a) of Pub. L. 108–195, the Defense Production Act Reauthorization of 2003, set out above, to reflect the probable intent of Congress.]
Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, subtitle D], Nov. 29, 1999, 113 Stat. 1536, 1501A–500, provided that:
“SEC. 1241. SHORT TITLE. “This subtitle may be cited as the ‘Defense Offsets Disclosure Act of 1999’. “SEC. 1242. FINDINGS AND DECLARATION OF POLICY. “(a) Findings .— Congress makes the following findings: “(1) A fair business environment is necessary to advance international trade, economic stability, and development worldwide, is beneficial for American workers and businesses, and is in the United States national interest. “(2) In some cases, mandated offset requirements can cause economic distortions in international defense trade and undermine fairness and competitiveness, and may cause particular harm to small- and medium-sized businesses. “(3) The use of offsets may lead to increasing dependence on foreign suppliers for the production of United States weapons systems. “(4) The offset demands required by some purchasing countries, including some close allies of the United States, equal or exceed the value of the base contract they are intended to offset, mitigating much of the potential economic benefit of the exports. “(5) Offset demands often unduly distort the prices of defense contracts. “(6) In some cases, United States contractors are required to provide indirect offsets which can negatively impact nondefense industrial sectors. “(7) Unilateral efforts by the United States to prohibit offsets may be impractical in the current era of globalization and would severely hinder the competitiveness of the United States defense industry in the global market. “(8) The development of global standards to manage and restrict demands for offsets would enhance United States efforts to mitigate the negative impact of offsets. “(b) Declaration of Policy .— It is the policy of the United States to monitor the use of offsets in international defense trade, to promote fairness in such trade, and to ensure that foreign participation in the production of United States weapons systems does not harm the economy of the United States. “SEC. 1243. DEFINITIONS. “In this subtitle: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Foreign Relations of the Senate; and “(B) the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives. “(2) G–8.— The term ‘G–8’ means the group consisting of France, Germany, Japan, the United Kingdom, the United States, Canada, Italy, and Russia established to facilitate economic cooperation among the eight major economic powers. “(3) Offset .— The term ‘offset’ means the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services, including benefits such as coproduction, licensed production, subcontracting, technology transfer, in-country procurement, marketing and financial assistance, and joint ventures. “(4) Transatlantic economic partnership .— The term ‘Transatlantic Economic Partnership’ means the joint commitment made by the United States and the European Union to reinforce their close relationship through an initiative involving the intensification and extension of multilateral and bilateral cooperation and common actions in the areas of trade and investment. “(5) Wassenaar arrangement .— The term ‘Wassenaar Arrangement’ means the multilateral export control regime in which the United States participates that seeks to promote transparency and responsibility with regard to transfers of conventional armaments and sensitive dual-use items. “(6) World trade organization .— The term ‘World Trade Organization’ means the organization established pursuant to the WTO Agreement. “(7) WTO agreement .— The term ‘WTO Agreement’ means the Agreement Establishing the World Trade Organization entered into on April 15, 1994 . “SEC. 1244. SENSE OF CONGRESS. “It is the sense of Congress that— “(1) the executive branch should pursue efforts to address trade fairness by establishing reasonable, business-friendly standards for the use of offsets in international business transactions between the United States and its trading partners and competitors; “(2) the Secretary of Defense, the Secretary of State, the Secretary of Commerce, and the United States Trade Representative, or their designees, should raise with other industrialized nations at every suitable venue the need for transparency and reasonable standards to govern the role of offsets in international defense trade; “(3) the United States Government should enter into discussions regarding the establishment of multilateral standards for the use of offsets in international defense trade through the appropriate multilateral fora, including such organizations as the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G–8, and the World Trade Organization; and “(4) the United States Government, in entering into the discussions described in paragraph (3), should take into account the distortions produced by the provision of other benefits and subsidies, such as export financing, by various countries to support defense trade. “SEC. 1245. REPORTING OF OFFSET AGREEMENTS. “[Amended section 2776 of title 22 .] “SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS. “[Amended section 2779a of title 22 .] “SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION. “(a) In General .— There is established a National Commission on the Use of Offsets in Defense Trade (in this section referred to as the ‘Commission’) to address all aspects of the use of offsets in international defense trade. “(b) Commission Membership .— Not later than 120 days after the date of enactment of this Act [ Nov. 29, 1999 ], the President, with the concurrence of the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, shall appoint 11 individuals to serve as members of the Commission. Commission membership shall include— “(1) representatives from the private sector, including— “(A) one each from— “(i) a labor organization, “(ii) a United States defense manufacturing company dependent on foreign sales, “(iii) a United States company dependent on foreign sales that is not a defense manufacturer, and “(iv) a United States company that specializes in international investment, and “(B) two members from academia with widely recognized expertise in international economics; and “(2) five members from the executive branch, including a member from— “(A) the Office of Management and Budget, “(B) the Department of Commerce, “(C) the Department of Defense, “(D) the Department of State, and “(E) the Department of Labor. The member designated from the Office of Management and Budget shall serve as Chairperson of the Commission. The President shall ensure that the Commission is nonpartisan and that the full range of perspectives on the subject of offsets in the defense industry is adequately represented. “(c) Duties .— The Commission shall be responsible for reviewing and reporting on— “(1) the full range of current practices by foreign governments in requiring offsets in purchasing agreements and the extent and nature of offsets offered by United States and foreign defense industry contractors; “(2) the impact of the use of offsets on defense subcontractors and nondefense industrial sectors affected by indirect offsets; and “(3) the role of offsets, both direct and indirect, on domestic industry stability, United States trade competitiveness and national security. “(d) Commission Report .— Not later than 12 months after the Commission is established, the Commission shall submit a report to the appropriate congressional committees. In addition to the items described under subsection (c), the report shall include— “(1) an analysis of— “(A) the collateral impact of offsets on industry sectors that may be different than those of the contractor providing the offsets, including estimates of contracts and jobs lost as well as an assessment of damage to industrial sectors; “(B) the role of offsets with respect to competitiveness of the United States defense industry in international trade and the potential damage to the ability of United States contractors to compete if offsets were prohibited or limited; and “(C) the impact on United States national security, and upon United States nonproliferation objectives, of the use of coproduction, subcontracting, and technology transfer with foreign governments or companies that results from fulfilling offset requirements, with particular emphasis on the question of dependency upon foreign nations for the supply of critical components or technology; “(2) proposals for unilateral, bilateral, or multilateral measures aimed at reducing any detrimental effects of offsets; and “(3) an identification of the appropriate executive branch agencies to be responsible for monitoring the use of offsets in international defense trade. “(e) Period of Appointment; Vacancies .— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. “(f) Initial Meeting .— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. “(g) Meetings .— The Commission shall meet at the call of the Chairman. “(h) Commission Personnel Matters.— “(1) Compensation of members .— Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 , United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. “(2) Travel expenses .— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. “(3) Staff.— “(A) In general .— The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. “(B) Compensation .— The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. “(4) Detail of government employees .— Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. “(5) Procurement of temporary and intermittent services .— The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5 , United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. “(i) Termination .— The Commission shall terminate 30 days after the transmission of the report from the President as mandated in section 1248(b). “SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS. “(a) In General .— The President shall initiate a review to determine the feasibility of establishing, and the most effective means of negotiating, a multilateral treaty on standards for the use of offsets in international defense trade, with a goal of limiting all offset transactions that are considered injurious to the economy of the United States. “(b) Report Required .— Not later than 90 days after the date on which the Commission submits the report required under section 1247(d), the President shall submit to the appropriate congressional committees a report containing the President’s determination pursuant to subsection (a), and, if the President determines a multilateral treaty is feasible or desirable, a strategy for United States negotiation of such a treaty. One year after the date the report is submitted under the preceding sentence, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report detailing the progress toward reaching such a treaty. “(c) Required Information .— The report required by subsection (b) shall include— “(1) a description of the United States efforts to pursue multilateral negotiations on standards for the use of offsets in international defense trade; “(2) an evaluation of existing multilateral fora as appropriate venues for establishing such negotiations; “(3) a description on a country-by-country basis of any United States efforts to engage in negotiations to establish bilateral treaties or agreements with respect to the use of offsets in international defense trade; and “(4) an evaluation on a country-by-country basis of any foreign government efforts to address the use of offsets in international defense trade. “(d) Comptroller General Review .— The Comptroller General of the United States shall monitor and periodically report to Congress on the progress in reaching a multilateral treaty.”
Pub. L. 102–558, title I, § 123, Oct. 28, 1992, 106 Stat. 4206, as amended by Pub. L. 108–195, § 7(c), Dec. 19, 2003, 117 Stat. 2895; Pub. L. 111–67, § 12(b)(1), Sept. 30, 2009, 123 Stat. 2022, provided that:
“(a) In General .— Recognizing that certain offsets for military exports are economically inefficient and market distorting, and mindful of the need to minimize the adverse effects of offsets in military exports while ensuring that the ability of United States firms to compete for military export sales is not undermined, it is the policy of the Congress that— “(1) no agency of the United States Government shall encourage, enter directly into, or commit United States firms to any offset arrangement in connection with the sale of defense goods or services to foreign governments; “(2) United States Government funds shall not be used to finance offsets in security assistance transactions, except in accordance with policies and procedures that were in existence on March 1, 1992 ; “(3) nothing in this section shall prevent agencies of the United States Government from fulfilling obligations incurred through international agreements entered into before March 1, 1992 ; and “(4) the decision whether to engage in offsets, and the responsibility for negotiating and implementing offset arrangements, reside with the companies involved. “(b) Presidential Approval of Exceptions .— It is the policy of the Congress that the President may approve an exception to the policy stated in subsection (a) after receiving the recommendation of the National Security Council. “(c) Negotiations.— “(1) Interagency team.— “(A) In general .— It is the policy of Congress that the President shall designate a chairman of an interagency team comprised of the Secretary of Commerce, Secretary of Defense, United States Trade Representative, Secretary of Labor, and Secretary of State to consult with foreign nations on limiting the adverse effects of offsets in defense procurement without damaging the economy or the defense industrial base of the United States or United States defense production or defense preparedness. “(B) Meetings .— The President shall direct the interagency team to meet on a quarterly basis. “(C) Reports .— The President shall direct the interagency team to submit to Congress an annual report, to be included as part of the report required under section 723(a) of the Defense Production Act of 1950 [ 50 U.S.C. 4568(a) ], that describes the results of the consultations of the interagency team under subparagraph (A) and the meetings of the interagency team under subparagraph (B). “(2) Recommendations for modifications .— The interagency team shall submit to the President any recommendations for modifications of any existing or proposed memorandum of understanding between officials acting on behalf of the United States and one or more foreign countries (or any instrumentality of a foreign country) relating to— “(A) research, development, or production of defense equipment; or “(B) the reciprocal procurement of defense items.”
For directive to Secretary of Commerce to prepare and submit annual report required by this section, see section 702 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16658, set out as a note under section 4553 of this title.
SUBCHAPTER IV— PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO COVERED NATIONAL SECURITY TRANSACTIONS
The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person, including its controlled foreign entities, from knowingly engaging in a covered national security transaction in any prohibited technology.
Any action that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, or delegated to the Secretary, in coordination with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
Regulations issued under subsection (e) shall not apply to any authorized intelligence activities of the United States.
The Secretary shall—
notify the appropriate congressional committees not later than five business days after issuing an exemption under subsection (c); and
include in such notification an identification of the national interest justifying the use of the exemption, subject to appropriate confidentiality and classification requirements.
The Secretary, in consultation with the Secretary of Commerce, the Secretary of State and, as appropriate, the heads of other relevant Federal departments and agencies, may issue or update existing regulations to carry out this section subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title . The regulations issued pursuant to this paragraph shall, as necessary, amend, terminate, supersede, revoke, or streamline existing requirements in part 850 of title 31, Code of Federal Regulations (the Outbound Investment Rule) and shall provide a reasonable timeframe for compliance.
The regulations issued under paragraph (1) shall include a process under which a person can request to receive non-binding feedback on a confidential basis, or as anonymized guidance to the public, as to whether a transaction would constitute a covered national security transaction in a prohibited technology.
In establishing the process required by subparagraph (A), the Secretary may prescribe limitations on requests for feedback identified as frivolous for purposes of this subsection.
The regulations issued under paragraph (1) shall account for whether a United States person has self-identified and self-disclosed a violation of the prohibition set forth in subsection (a) in determining the legal consequences of that violation.
The regulations issued under paragraph (1) shall dictate the form and content of a letter of self-disclosure, which shall include relevant facts about the violation, why the United States person believes its activity to have violated the prohibition set forth in subsection (a), and a proposal for mitigation of the harm of such action.
In issuing regulations under paragraph (1), the Secretary should balance the priority of protecting the national security interest of the United States while, to the extent practicable—
minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulations;
adopting the least burdensome alternative that achieves regulatory objectives; and
prioritizing transparency and stakeholder involvement in the process of issuing the rules.
In accordance with section 556(d) of title 5 , in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
Pub. L. 119–60, div. H, title LXXXV, Dec. 18, 2025, 139 Stat. 1920, provided that:
“Subtitle A— General Matters “SEC. 8501. SECRETARY DEFINED. “Except as otherwise provided, in this title [enacting this subchapter and this note], the term ‘Secretary’ means the Secretary of the Treasury. “SEC. 8502. SEVERABILITY. “If any provision of this title or any amendment made by this title, or the application thereof, is held invalid, the validity of the remainder of this title or any amendment made by this title and the application of such provision to other persons and circumstances shall not be affected thereby. “SEC. 8503. AUTHORIZATION OF APPROPRIATIONS. “(a) In General .— There is authorized to be appropriated $150,000,000 to the Department of the Treasury, out of which amounts may be transferred to the Department of Commerce to jointly conduct outreach to industry and persons affected by this title or any amendment made by this title, and to administer the provisions of this title or any amendment made by this title, for each of the first two fiscal years beginning on or after the date of the enactment of this title [ Dec. 18, 2025 ], to carry out this title or any amendment made by this title. “(b) Hiring Authority.— “(1) By the president .— The President may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 15 individuals directly to positions in the competitive service (as defined in section 2102 of that title) to carry out this title or any amendment made by this title. “(2) By agencies .— The Secretary and the Secretary of Commerce may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service (as defined in section 2102 of that title) of the Department of the Treasury and the Department of Commerce, respectively, to carry out this title or any amendment made by this title. “SEC. 8504. SENSE OF CONGRESS. “It is the sense of Congress that— “(1) due to the fact that there are countless known and unknown entities in countries of concern, to include the People’s Republic of China (PRC), developing dual-use strategic technologies that benefit a foreign adversary’s military modernization efforts, surveillance states, and human rights abuses, restricting certain United States outbound investments into these technologies in countries of concern is necessary to prevent harm to United States national security and foreign policy interests; and “(2) the President should therefore exercise the authorities granted in this title or any amendment made by this title to prevent countries of concern from exploiting United States capital to undermine United States national security and foreign policy interests. “SEC. 8505. TERMINATION. “This title and any amendment made by this title shall cease to have any force or effect on the date that is seven years after the date of the enactment of this Act [ Dec. 18, 2025 ]. “Subtitle B— Imposition of Sanctions “SEC. 8511. IMPOSITION OF SANCTIONS. “(a) In General .— The President may impose the sanctions described in subsection (b) with respect to any foreign person determined to be a covered foreign person. “(b) Sanctions Described .— The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a foreign person that is determined to be a covered foreign person pursuant to subsection (a). “(c) Penalties .— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act ( 50 U.S.C. 1705(a) ). “(d) Exception for Intelligence and Law Enforcement Activities .— Sanctions under this section shall not apply with respect to— “(1) any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.); or “(2) any authorized intelligence activities of the United States. “(e) Exception for United States Government Activities .— Nothing in this section shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. “(f) Report to Congress.— “(1) In general .— Not later than one year after the date of the enactment of this Act [ Dec. 18, 2025 ], and annually thereafter for seven years, the President shall submit to the appropriate congressional committees a report that states whether any foreign person on the Non-SDN Chinese Military-Industrial Complex Companies List is a covered foreign person. “(2) Form .— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. “(g) Administrative Provisions .— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. “(h) Rule of Construction .— Nothing in this section may be construed to limit the authority of the President to designate foreign persons for the imposition of sanctions pursuant to any other provision of Federal law, including the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). “SEC. 8512. DEFINITIONS. “In this subtitle: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and “(B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate. “(2) Country of concern .— The term ‘country of concern’ means the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions. “(3) Covered foreign person .— The term ‘covered foreign person’ means a foreign person— “(A) that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern; “(B) that is a member of the Central Committee of the Chinese Communist Party or member of the political leadership of a country of concern; “(C) that is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof; “(D) that is subject to the direction or control of any entity described in subparagraphs (A) through (C); or “(E) that is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in subparagraphs (A) through (C); and “(F) that knowingly engaged in significant operations in the defense and related materiel sector or the surveillance technology sector of the economy of a country of concern. “(4) Foreign person .— The term ‘foreign person’ means a person that is not a United States person. “(5) Knowingly .— The term ‘knowingly’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. “(6) Non-SDN chinese military-industrial complex companies list .— The term ‘Non-SDN Chinese Military-Industrial Complex Companies List’ means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or any successor order. “(7) Person .— The term ‘person’ means an individual or entity. “(8) United states person .— The term ‘United States person’ means— “(A) any United States citizen or an alien lawfully admitted for permanent residence to the United States; “(B) an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or “(C) any person in the United States. “SEC. 8513. EXCEPTION RELATING TO IMPORTATION OF GOODS. “(a) In General .— The authorities and requirements to impose sanctions authorized under this title shall not include the authority or requirement to impose sanctions on the importation of goods. “(b) Good Defined .— In this section, the term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. “Subtitle C— Prohibition and Notification on Investments Relating to Covered National Security Transactions “SEC. 8521. PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO COVERED NATIONAL SECURITY TRANSACTIONS. “[Enacted this subchapter.] “Subtitle D— Securities and Related Matters “SEC. 8531. REQUIREMENTS RELATING TO THE NON-SDN CHINESE MILITARY-INDUSTRIAL COMPLEX COMPANIES LIST. “(a) Report.— “(1) In general .— Not later than two years after the date of the enactment of this Act [ Dec. 18, 2025 ], and biennially thereafter for six years, the President shall submit to the appropriate congressional committees a report that states whether any of the following foreign persons qualifies for inclusion on the Non-SDN Chinese Military-Industrial Complex Companies List: “(A) Any PRC person listed on the Military End-User List (Supplement No. 7 to part 744 of the Export Administration Regulations). “(B) Any PRC person listed pursuant to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 [ Pub. L. 116–283 ] ( 10 U.S.C. 113 note). “(C) Any PRC person listed on the Department of Commerce’s Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations). “(D) Any PRC person listed on the Federal Communications Commission’s Covered List pursuant to the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 [et seq.]). “(E) Any PRC person listed on the Uyghur Forced Labor Prevention Act Entity List pursuant to the Uyghur Forced Labor Prevention Act ( P.L. 117–78 ) [ 22 U.S.C. 6901 note]. “(2) Process required .— To prepare the reports required by paragraph (1), the President shall establish a process under which the Federal agencies responsible for administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall share with each other all relevant information that led to the identification of the entities described in such lists. “(3) Risk-based prioritization framework .— In making the initial determinations under paragraph (1), the Secretary may establish a risk-based prioritization framework factoring in prioritization of entity review submitted to the Secretary by the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1). “(4) Annual reports to the appropriate congressional committees .— The report under paragraph (1) may summarize findings concerning entities previously reviewed pursuant to this section that do not necessitate additional review by the Secretary. “(5) Matters to be included .— The Secretary shall include in the report required by paragraph (1) an overview of the criteria required for listing on the Non-SDN Chinese Military-Industrial Complex Companies List. The heads of the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall provide to the Secretary for use in the report an overview of the criteria for entity identification or listing on each respective list. “(b) Definitions .— In this section: “(1) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and “(B) the Committee on Banking, Housing, and Urban Affairs of the Senate. “(2) Country of concern .— The term ‘country of concern’— “(A) means the People’s Republic of China; and “(B) includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region. “(3) Non-SDN chinese military-industrial complex companies list .— The term ‘Non-SDN Chinese Military-Industrial Complex Companies List’ means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), and any successor order. “(4) PRC person .— The term ‘PRC person’ means a foreign person that— “(A) is incorporated in a principal place of business in, or is organized under the laws of, a country of concern; “(B) is a member of the Central Committee of the Chinese Communist Party; “(C) is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof; or “(D) is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in subparagraph (A), (B), or (C).”
Not later than 450 days after December 18, 2025 , the Secretary shall issue regulations prescribed in accordance with subsection (b), to require a United States person that itself or whose controlled foreign entity knowingly engages in a covered national security transaction in a prohibited technology (unless the Secretary has exercised the authority provided by section 4581(a) of this title to prohibit knowingly engaging in such covered national security transaction) or a notifiable technology to submit to the Secretary a written notification of the transaction not later than 30 days after the completion date of the transaction.
Not later than 450 days after December 18, 2025 , the Secretary, in consultation with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, shall issue regulations to carry out this section subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title . The regulations issued pursuant to this paragraph shall as necessary, amend, terminate, supersede, revoke, or streamline existing requirements in part 850 of title 31, Code of Federal Regulations (the Outbound Investment Rule) and shall provide a reasonable timeframe for compliance.
In issuing regulations under paragraph (1), the Secretary should balance the priority of protecting the national security interest of the United States while, to the extent practicable—
minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulation;
adopting the least burdensome alternative that achieves regulatory objectives; and
prioritizing transparency and stakeholder involvement in the process of issuing the rules.
In accordance with section 556(d) of title 5 , in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
The Secretary shall, upon receipt of a notification under subsection (a), promptly inspect the notification for completeness.
If a notification submitted under subsection (a) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete.
The Secretary shall establish a process to identify covered national security transactions in a prohibited technology or a notifiable technology for which—
a notification is not submitted to the Secretary under subsection (a); and
information is reasonably available.
If the Secretary prohibits a covered national security transaction in a prohibited technology under section 4581 of this title , the requirements of this section shall not apply with respect to the covered national security transaction.
Not later than 18 months after December 18, 2025, and not less frequently than annually thereafter, the Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report, subject to appropriate confidentiality and classification requirements, that—
lists all enforcement actions taken subject to the existing regulations and regulations issued under section 1 4581(e) and 4582(b) of this title during the year preceding submission of the report, which includes, with respect to each such action, a description of—
the prohibited technology or notifiable technology;
the covered national security transaction;
the covered foreign person; and
the relevant United States person;
identifying additional technologies that the Secretary, in consultation with the Secretary of Commerce and, as applicable, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of any other relevant Federal agencies, determined under existing regulations or regulations issued pursuant to 4581(e) 2 of this title may pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
explaining why each technology identified in subparagraph (A) may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
describing any removal of technologies from the category of prohibited technology under existing regulations or regulations issued under section 4581(e) of this title during the reporting period to the extent that the technologies no longer pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
lists all notifications submitted under existing regulations or regulations issued section 3 4582 of this title during the year preceding submission of the report and includes, with respect to each such notification—
basic information on each party to the covered national security transaction with respect to which the notification was submitted; and
the nature of the covered national security transaction that was the subject of the notification, including the elements of the covered national security transaction that necessitated a notification;
includes a summary of those notifications, disaggregated by prohibited technology, by notifiable technology, by covered national security transaction, and by country of concern;
provides additional context and information regarding trends in the prohibited technology, notifiable technology, the types of covered national security transaction, and the countries involved in those notifications; and
assesses the overall impact of those notifications, including recommendations for—
expanding existing Federal programs to support the production or supply of prohibited technologies or notifiable technologies in the United States, including the potential of existing authorities to address any related national security concerns;
investments needed to enhance prohibited technologies or notifiable technologies and reduce United States dependence on countries of concern regarding those technologies; and
the continuation, expansion, or modification of the implementation and administration of this subchapter.
In preparing the report pursuant to subsection (a), the Secretary—
shall consider information provided jointly by the chairperson and ranking member of any of the appropriate congressional committees;
may consider credible information obtained by other countries and nongovernmental organizations that monitor the military, surveillance, intelligence, or technology capabilities of a country of concern; and
may consider any other information that the Secretary deems relevant.
Each report required by this section shall be submitted in unclassified form, but may include a classified annex.
Not later than one year after December 18, 2025 , and annually thereafter for five years, the Secretary and the Secretary of Commerce, or their designee, shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committees on Foreign Affairs and Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by United States persons in countries of concern and broader international capital flows.
After receiving a request that meets the requirements of paragraph (2) with respect to whether a technology should be included in the amendments 4 as described in subsection (a)(2), the Secretary shall, in preparing the report pursuant to subsection (a)—
determine if that technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
include in the report pursuant to subsection (a) an explanation with respect to that determination that includes—
a statement of whether or not the technology, as determined by the Secretary, may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
if the Secretary determines that—
the technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination and a recommendation whether that technology should be named a prohibited technology or a notifiable technology; and
the technology would not pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination.
A request under paragraph (1) with respect to whether a technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern shall be submitted to the Secretary in writing jointly by the chairperson and ranking member of 1 or more of the appropriate congressional committees.
The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to promote and increase coordination of protocols and procedures to facilitate the effective implementation of and appropriate compliance with the prohibitions and notification requirement pursuant to this subchapter;
upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities; and
work with and encourage the governments of countries that are allies and partners of the United States to develop similar mechanisms of their own, for the exclusive purpose of preventing the development of prohibited technologies by a country of concern.
Not later than 180 days after the date of the regulations implementing enactment of this subchapter, the Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
develop a strategy to work with the governments of countries that are allies and partners of the United States to develop mechanisms that are comparable to the prohibitions and notification requirements pursuant to this subchapter, for the exclusive purpose of preventing the development of prohibited technologies by a country of concern; and
assess opportunities to provide technical assistance to those countries with respect to the development of those mechanisms.
Not later than one year after the date of the regulations implementing enactment of this subchapter, and annually thereafter for four years, the Secretary shall submit to the appropriate congressional committees a report, subject to the appropriate confidentiality and classification requirements, that includes—
a discussion of any strategy developed pursuant to subsection (b)(1), including key tools and objectives for the development of comparable mechanisms by the governments of allies and partners of the United States;
a list of partner and allied countries to target for cooperation in developing their own prohibitions;
the status of the strategy’s implementation and outcomes; and
a description of impediments to the establishment of comparable mechanisms by governments of allies and partners of the United States.
In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
The Secretary, in consultation with the Secretary of Commerce, may establish a publicly accessible, non-exhaustive database that identifies covered foreign persons that are either engaged in a prohibited technology or a notifiable technology pursuant to this subchapter.
The Secretary, in consultation with the Secretary of Commerce, is authorized to establish a mechanism for a covered foreign person to petition for their removal from or inclusion in the publicly accessible, non-exhaustive database described in (a). 1 1 So in original. Probably should be preceded by “subsection”.
The Secretary shall establish a mechanism for the public, including Congress, stakeholders, investors, and nongovernmental organizations, to submit evidence on a confidential basis regarding whether a foreign person is a covered foreign person in a prohibited technology or notifiable technology and should be included in the database described in subsection (a), if any.
The database described in subsection (a), if any, shall not be considered to be an exhaustive or comprehensive list of covered foreign persons for the purposes of this subchapter.
Nothing in this subchapter may be construed to negate the authority of the President under any authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law, including the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), or any other authority of the President or the Congress under the Constitution of the United States.
It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any order, regulation, notification requirement, or prohibition issued under this subchapter.
The Secretary may impose civil penalties on any person who commits an unlawful act described in paragraph (1) in amounts equivalent to amounts provided for under section 206(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(b) ) for violations under that Act.
The Secretary may compel the divestment of a covered national security transaction in a prohibited technology determined to be in violation of section 4581(a) of this title or regulations issued thereunder.
The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief for violations of the prohibition set forth in subsection 1 1 So in original. Probably should be “section”. 4581(a) of this title, in the district courts of the United States, in order to implement and enforce this subchapter.
Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretary’s designee pursuant to this subchapter shall be exempt from disclosure under section 552(b)(3) of title 5 , and no such information or documentary material may be made public.
Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements:
Information relevant to any administrative or judicial action or proceeding.
Information to Congress or any duly authorized committee or subcommittee of Congress.
Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
Identity of a covered foreign person in the public database described in section 4585 of this title.
Information that the parties have consented to be disclosed to third parties.
Information gathered by the Secretary or the Secretary’s designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.
In this subchapter:
Except as provided in section 4584(d) of this title, the term “appropriate congressional committees” means—
the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate.
The term “country of concern” means—
the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions;
the Republic of Cuba;
the Islamic Republic of Iran;
the Democratic People’s Republic of Korea;
the Russian Federation; and
the Bolivarian Republic of Venezuela under the regime of Nicolas Maduro Moros.
Subject to regulations prescribed in accordance with this subchapter, the term “covered foreign person” means a foreign person that—
is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
is a member of the Central Committee of the Chinese Communist Party or is a member of the political leadership of a country of concern;
is subject to the direction or control of a country of concern, as defined by regulation, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or
is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof).
Subject to such regulations as may be issued in accordance with this subchapter, the term “covered national security transaction” means a United States person’s direct or indirect—
acquisition of an equity interest or contingent equity interest in a covered foreign person that the United States person knows at the time of the acquisition is a covered foreign person;
provision of a loan or similar debt financing arrangement to a covered foreign person that the United States person knows at the time of the provision is a covered foreign person, where such debt financing affords or will afford the United States person an interest in profits of the covered foreign person, the right to appoint members of the board of directors (or equivalent) of the covered foreign person, or other comparable financial or governance rights characteristic of an equity investment but not typical of a loan;
entrance by such United States person into a joint venture, wherever located, that is formed with a person of a country of concern, and that the subject United States person knows at the time of entrance into the joint venture that the joint venture will engage, or plans to engage, in a prohibited technology or notifiable technology;
conversion of a contingent equity interest (or interest equivalent to a contingent equity interest) or conversion of debt to an equity interest in a covered foreign person;
acquisition, leasing, or other development of operations, land, property, or other assets in a country of concern that the United States person knows at the time of such acquisition, leasing, or other development will result in, or that the United States person plans to result in—
the establishment of a covered foreign person; or
the engagement of a person of a country of concern in a prohibited technology or notifiable technology;
knowingly directing prohibited transactions or notifiable transactions by foreign persons that the United States person has knowledge at the time of the transaction would constitute an activity described in clause (i), (ii), (iii), (iv), or (v), if engaged in by a United States person;
acquisition of a limited partner or equivalent interest in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (in each case where the fund is not a United States person) that the United States person has knowledge at the time of the acquisition likely will invest in a person of a country of concern that is in one of the notifiable technology or prohibited technology sectors, and such fund undertakes a transaction that would be a covered national security transaction if undertaken by a United States person; or
any other transaction identified by the Secretary, in consultation with the appropriate congressional committees and subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title, that is contributing to the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
Subject to regulations prescribed in accordance with this subchapter, the term “covered national security transaction” does not include—
any transaction the value of which the Secretary determines is de minimis;
any category of transactions that the Secretary determines is in the national interest of the United States;
an investment—
in a security (as defined in section 78c(a) of title 15) that is traded on an exchange or the over-the-counter market in any jurisdiction;
in a security issued by an investment company (as defined in section 80a–3 of title 15) that is registered with the Securities and Exchange Commission, or, if the Secretary chooses to include it as an exception from a covered national security transaction, in a security issued by a non-United States investment company that is registered with a foreign regulator with comparable oversight standards and regulatory jurisdiction to the Securities and Exchange Commission as determined by the Secretary of Treasury;
made as a limited partner or equivalent in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (other than as described in subclause (II)) where—
the limited partner or equivalent’s committed capital is not more than a de minimis amount, as determined by the Secretary, aggregated across any investment and co-investment vehicles of the fund; or
the limited partner or equivalent has secured a binding contractual assurance that its capital in the fund will not be used to engage in a transaction that would be a covered national security transaction if engaged in by a United States person; or
in a derivative of a security described under subclause (I), (II), or (III);
any ancillary transaction undertaken by a financial institution (as defined in section 5312 of title 31);
the acquisition by a United States person of the equity or other interest owned or held by a covered foreign person in an entity or assets located outside of a country of concern in which the United States person is acquiring the totality of the interest in the entity held by the covered foreign person;
an intracompany transfer of funds, as defined in regulations prescribed in accordance with this subchapter, from a United States parent company to a subsidiary located in a country of concern or a transaction that, but for this clause, would be a covered national security transaction between a United States person and its controlled foreign person that supports operations that are not covered national security transactions or that maintains covered national security transactions that the controlled foreign person was engaged in prior to the effective date of the regulations implementing this subchapter;
a transaction secondary to a covered national security transaction, including—
contractual arrangements (not including contractual arrangements for technology transfer or technical knowledge transfer) or the procurement of material inputs for any covered national security transaction (such as raw materials);
bank lending;
the processing, clearing, or sending of payments by a bank;
underwriting services including, but not limited to, the temporary acquisition of an equity interest for the sole purpose of facilitating underwriting services;
debt rating services;
prime brokerage;
global custody;
equity research or analysis; or
other similar services;
any ordinary or administrative business transaction as may be defined in such regulations; or
any transaction completed before December 18, 2025.
In this paragraph, the term “ancillary transaction” means, subject to regulations prescribed by the Secretary—
the processing, settling, clearing, or sending of payments and cash transactions;
underwriting services, including the temporary acquisition of an equity interest for the sole purpose of facilitating underwriting services;
credit rating services; and
other services ordinarily incident to and part of the provision of financial services, such as opening deposit accounts, direct custody services, foreign exchange services, remittances services, and safe deposit services.
The term “foreign person” has the meaning given that term in regulations prescribed in accordance with this subchapter.
The terms “knowledge” or “know” mean—
actual knowledge that a fact or circumstance exists or is substantially certain to occur;
an awareness of a high probability of a fact or circumstance’s existence or future occurrence; or
reason to know of a fact or circumstance’s existence.
Subject to the regulations prescribed in accordance with this subchapter, the term “notifiable technology” means a technology within the following areas not already captured by the technical thresholds specified by any regulations issued in accordance with section 4581 of this title:
Semiconductor technology and microelectronics.
Artificial intelligence systems.
Quantum information technologies.
High-performance computing and supercomputing.
Hypersonic systems.
The Secretary, in consultation with the appropriate congressional committees and subject to notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title, may prescribe regulations in accordance with this subchapter to—
define the technical parameters of technologies described in subparagraph (A), as reasonably needed for national security purposes; or
to add and define categories to the list in subparagraph (A) that enable the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
The term “party”, with respect to a covered national security transaction, has the meaning given that term in regulations prescribed in accordance with this subchapter.
The term “person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.
Subject to the regulations prescribed in accordance with this subchapter, the term “prohibited technology” means a technology within the following areas, as specified by the regulations:
Advanced semiconductor technology and microelectronics.
Artificial intelligence systems.
Quantum information technologies.
High-performance computing and supercomputing.
Hypersonic systems.
The Secretary, in consultation with the appropriate congressional committees and subject to notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title, may prescribe regulations in accordance with this subchapter to—
define the technical parameters of technologies described in subparagraph (A), as reasonably needed for national security purposes; or
to 1 add and define categories to the list in subparagraph (A) that enable the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
Except as otherwise provided, the term “Secretary” means the Secretary of the Treasury.
The term “United States person” means—
any United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or
any person in the United States.
CHAPTER 56— EXPORT ADMINISTRATION
[Repealed]
Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that:
“Titles I and II of this Act [enacting sections 4051 to 4053 of Title 15, Commerce and Trade, section 1864 of Title 19 , Customs Duties, and section 466c of Title 46 , Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and section 185 of Title 30 , Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and 4617 of this title and section 5314 of Title 5 ] may be cited as the ‘Export Administration Amendments Act of 1985’.”
Pub. L. 97–145, § 1, Dec. 29, 1981, 95 Stat. 1727, provided:
“That this Act [amending sections 4605, 4610, 4614, and 4620 of this title and enacting provisions set out as notes under sections 4605, 4610, and 4620 of this title] may be cited as the ‘Export Administration Amendments Act of 1981’.”
Pub. L. 96–72, § 1, Sept. 29, 1979, 93 Stat. 503, which provided that Pub. L. 96–72, which enacted this chapter, amended section 1732 of Title 7, Agriculture, sections 2778 and 3108 of Title 22, Foreign Relations and Intercourse, section 993 of Title 26, Internal Revenue Code, and sections 6212 and 6274 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under former sections 4606 and 4609 of this title and section 3108 of Title 22, could be cited as the “Export Administration Act of 1979”, was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, provided that:
“The Export Administration Act of 1979 ( 50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)) (other than sections 11A, 11B, and 11C of such Export Administration Act of 1979 [ 50 U.S.C. 4611 , 4612, 4613]) is repealed.”
Pub. L. 115–232, div. A, title XVII, § 1766(b), Aug. 13, 2018, 132 Stat. 2232, provided that:
“The President shall implement the amendment made by subsection (a) [repealing sections 4601 to 4610 and 4614 to 4623 of this title, enacting provisions set out as notes under this section, and repealing provisions set out as notes under this section and sections 4606 and 4609 of this title and section 3108 of Title 22 , Foreign Relations and Intercourse] by exercising the authorities of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.).”
For provisions relating to continuation in effect of delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that had been made, issued, conducted, or allowed to become effective under this chapter as in effect on the day before August 13, 2018, and continuation in effect of certain determinations and references, see section 4826 of this title.
Pub. L. 111–259, title IV, § 415, Oct. 7, 2010, 124 Stat. 2727, provided that:
“The Director of National Intelligence may provide support for any review conducted by a department or agency of the United States Government of the International Traffic in Arms Regulations or Export Administration Regulations, including a review of technologies and goods on the United States Munitions List and Commerce Control List that may warrant controls that are different or additional to the controls such technologies and goods are subject to at the time of such review.”
1–101. There is established the President’s Export Council.
1–102. The membership of the Council shall be as follows:
(a) The heads of the following executive departments, agencies, or offices, or their representatives:
(1) Department of State.
(2) Department of the Treasury.
(3) Department of Agriculture.
(4) Department of Commerce.
(5) Department of Labor.
(6) Department of Energy.
(7) Department of Transportation.
(8) Department of Homeland Security.
(9) Office of United States Trade Representative.
(10) Export-Import Bank of the United States.
(11) Small Business Administration.
(12) United States Trade and Development Agency.
(13) Overseas Private Investment Corporation [now United States International Development Finance Corporation].
(14) Council of Economic Advisers.
(15) Office of Management and Budget.
(16) National Economic Council.
(17) National Security Staff.
(b) In their discretion, the heads of the following organizations or their designees:
(1) National Governors Association.
(2) United States Conference of Mayors.
(c) Five members of the United States Senate, designated by the President of the Senate, and five members of the United States House of Representatives, designated by the Speaker of the House, to serve for a two-year term.
(d) Not to exceed 28 citizens appointed by the President. These individuals shall be selected from those who are not full-time Federal officers or employees. They shall include representatives of business and industry, agriculture, and labor.
1–103. The President shall designate a Chairman and a Vice Chairman from among the members appointed by the President.
1–104. The Secretary of Commerce, with the concurrence of the Chairman, shall appoint an Executive Director.
1–201. The Council shall serve as a national advisory body on matters relating to United States export trade, including advice on the implementation of the President’s National Export Policy, which was announced on September 26, 1978. It shall, through the Secretary of Commerce, report to the President on its activities and on its recommendations for expanding United States exports.
1–202. The Council should survey and evaluate the export expansion activities of the communities represented by the membership. It should identify and examine specific problems which business, industrial, and agricultural practices may cause for export trade, and examine the needs of business, industry, and agriculture to expand their efforts. The Council should recommend specific solutions to these problems and needs.
1–203. The Council may act as liaison among the communities represented by the membership; and, may provide a forum for those communities on current and emerging problems and issues in the field of export expansion. The Council should encourage the business, industrial, and agricultural communities to enter new foreign markets and to expand existing export programs.
1–204. The Council shall provide advice on Federal plans and actions that affect export expansion policies which have an impact on those communities represented by the membership.
1–205. The Council may establish, with the concurrence of the Secretary of Commerce, an executive committee and such other subordinate committees it considers necessary for the performance of its functions. The Chairman of a subordinate committee shall be designated, with the concurrence of the Secretary of Commerce, by the Chairman of the Council from among the membership of the Council. Members of subordinate committees shall be appointed by the Secretary of Commerce.
1–301. The Secretary of Commerce shall, to the extent permitted by law, provide the Council, including its executive and subordinate committees, with administrative and staff services, support and facilities as may be necessary for the effective performance of its functions.
1–302. Each member of the Council, including its executive and subordinate committees, who is not otherwise paid a salary by the Federal Government, shall receive no compensation from the United States by virtue of their service on the Council, but all members may receive the transportation and travel expenses, including per diem in lieu of subsistence, authorized by law (5 U.S.C. 5702 and 5703).
1–401. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], except that of reporting annually to the Congress, which are applicable to the Council, shall be performed by the Secretary of Commerce in accordance with guidelines and procedures established by the Administrator of General Services.
1–402. Executive Order No. 11753 is revoked; however, nothing in this Order shall be deemed to require new charters for the Council, including its executive and subordinate committees, which were current immediately prior to the issuance of this Order.
1–403. The Council shall terminate on December 31, 1980, unless sooner extended.
[Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of this title.]
Term of President’s Export Council extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees.
Previous extensions of term of President’s Export Council were contained in the following prior Executive Orders:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013.
Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.
Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.
Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.
Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.
Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003.
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.
Ex. Ord. No. 13062, § 1(m), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999.
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997.
Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, extended term until Sept. 30, 1995.
Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, extended term until Sept. 30, 1993.
Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, extended term until Sept. 30, 1991.
Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989.
Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987.
Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, extended term until Sept. 30, 1985.
Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984.
Ex. Ord. No. 12258, § 1–101(l), Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982.
[Repealed]
[Repealed]
[Repealed]
Pub. L. 105–85, div. A, title XII, subtitle B, Nov. 18, 1997, 111 Stat. 1932, as amended by Pub. L. 105–261, div. A, title XV, § 1524, Oct. 17, 1998, 112 Stat. 2180; Pub. L. 106–65, div. A, title X, § 1067(4), title XIV, § 1407(c), Oct. 5, 1999, 113 Stat. 774, 801; Pub. L. 106–398, § 1 [[div. A], title XII, § 1234(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–330, provided that:
“SEC. 1211. EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS. “(a) Prior Approval of Exports and Reexports .— The President shall require that no digital computer with a composite theoretical performance level of more than 2,000 millions of theoretical operations per second (MTOPS) or with such other composite theoretical performance level as may be established subsequently by the President under subsection (d), may be exported or reexported without a license to a country specified in subsection (b) if the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of State, or the Director of the Arms Control and Disarmament Agency objects, in writing, to such export or reexport. Any person proposing to export or reexport such a digital computer shall so notify the Secretary of Commerce, who, within 24 hours after receiving the notification, shall transmit the notification to the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the Director of the Arms Control and Disarmament Agency. “(b) Covered Countries .— For purposes of subsection (a), the countries specified in this subsection are the countries listed as ‘Computer Tier 3’ eligible countries in section 740.7(d) of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 , subject to modification by the President under subsection (e). “(c) Time Limit .— Written objections under subsection (a) to an export or reexport shall be raised within 10 days after the notification is received under subsection (a). If such a written objection to the export or reexport of a computer is raised, the computer may be exported or reexported only pursuant to a license issued by the Secretary of Commerce under the Export Administration Regulations of the Department of Commerce, without regard to the licensing exceptions otherwise authorized under section 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 . If no objection is raised within the 10-day period, the export or reexport is authorized. “(d) Adjustment of Composite Theoretical Performance .— The President, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the Director of the Arms Control and Disarmament Agency, may establish a new composite theoretical performance level for purposes of subsection (a). Such new level shall not take effect until 60 days after the President submits to the congressional committees designated in section 1215 a report setting forth the new composite theoretical performance level and the justification for such new level. Each report shall, at a minimum— “(1) address the extent to which high performance computers of a composite theoretical level between the level established in subsection (a) or such level as has been previously adjusted pursuant to this section and the new level, are available from other countries; “(2) address all potential uses of military significance to which high performance computers at the new level could be applied; and “(3) assess the impact of such uses on the national security interests of the United States. “(e) Adjustment of Covered Countries.— “(1) In general .— The President, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the Director of the Arms Control and Disarmament Agency, may add a country to or remove a country from the list of covered countries in subsection (b), except that a country may be removed from the list only in accordance with paragraph (2). “(2) Deletions from list of covered countries .— The removal of a country from the list of covered countries under subsection (b) shall not take effect until 120 days after the President submits to the congressional committees designated in section 1215 a report setting forth the justification for the deletion. “(3) Excluded countries .— A country may not be removed from the list of covered countries under subsection (b) if— “(A) the country is a ‘nuclear-weapon state’ (as defined by Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons) and the country is not a member of the North Atlantic Treaty Organization; or “(B) the country is not a signatory of the Treaty on the Non-Proliferation of Nuclear Weapons and the country is listed on Annex 2 to the Comprehensive Nuclear Test-Ban Treaty. “(f) Classification .— Each report under subsections (d) and (e) shall be submitted in an unclassified form and may, if necessary, have a classified supplement. “(g) Delegation of Objection Authority Within the Department of Defense .— For the purposes of the Department of Defense, the authority to issue an objection referred to in subsection (a) shall be executed for the Secretary of Defense by an official at the Assistant Secretary level within the office of the Under Secretary of Defense for Policy. In implementing subsection (a), the Secretary of Defense shall ensure that Department of Defense procedures maximize the ability of the Department of Defense to be able to issue an objection within the 10-day period specified in subsection (c). “(h) Calculation of 60- Day Period .— The 60-day period referred to in subsection (d) shall be calculated by excluding the days on which either House of Congress is not in session because of an adjournment of the Congress sine die. “SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS. “(a) Report .— Not later than 60 days after the date of the enactment of this Act [ Nov. 18, 1997 ], the President shall provide to the congressional committees specified in section 1215 a report identifying all exports of digital computers with a composite theoretical performance of more than 2,000 millions of theoretical operations per second (MTOPS) to all countries since January 25, 1996 . For each export, the report shall identify— “(1) whether an export license was applied for and whether one was granted; “(2) the date of the transfer of the computer; “(3) the United States manufacturer and exporter of the computer; “(4) the MTOPS level of the computer; and “(5) the recipient country and end user. “(b) Additional Information on Exports to Certain Countries .— In the case of exports to countries specified in subsection (c), the report under subsection (a) shall identify the intended end use for the exported computer and the assessment by the executive branch of whether the end user is a military end user or an end user involved in activities relating to nuclear, chemical, or biological weapons or missile technology. Information provided under this subsection may be submitted in classified form if necessary. “(c) Covered Countries .— For purposes of subsection (b), the countries specified in this subsection are— “(1) the countries listed as ‘Computer Tier 3’ eligible countries in section 740.7(d) of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 ; and “(2) the countries listed in section 740.7(e) of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 . “SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH PERFORMANCE COMPUTERS. “(a) Required Post-Shipment Verification .— The Secretary of Commerce shall conduct post-shipment verification of each digital computer with a composite theoretical performance of more than 2,000 millions of theoretical operations per second (MTOPS) that is exported from the United States, on or after the date of the enactment of this Act [ Nov. 18, 1998 ], to a country specified in subsection (b). “(b) Covered Countries .— For purposes of subsection (a), the countries specified in this subsection are the countries listed as ‘Computer Tier 3’ eligible countries in section 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 , subject to modification by the President under section 1211(e). “(c) Annual Report .— The Secretary of Commerce shall submit to the congressional committees specified in section 1215 an annual report on the results of post-shipment verifications conducted under this section during the preceding year. Each such report shall include a list of all such items exported from the United States to such countries during the previous year and, with respect to each such export, the following: “(1) The destination country. “(2) The date of export. “(3) The intended end use and intended end user. “(4) The results of the post-shipment verification. “(d) Explanation When Verification Not Conducted .— If a post-shipment verification has not been conducted in accordance with subsection (a) with respect to any such export during the period covered by a report, the Secretary shall include in the report for that period a detailed explanation of the reasons why such a post-shipment verification was not conducted. “(e) Adjustment of Performance Levels .— Whenever a new composite theoretical performance level is established under section 1211(d), that level shall apply for purposes of subsection (a) of this section in lieu of the level set forth in subsection (a). “SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION ASSISTANCE. “(a) In General .— The Comptroller General of the United States shall submit to the congressional committees specified in section 1215 a study of the national security risks relating to the sale of computers with a composite theoretical performance of between 2,000 and 7,000 millions of theoretical operations per second (MTOPS) to end users in countries specified in subsection (c). The study shall also analyze any foreign availability of computers described in the preceding sentence and the impact of such sales on United States exporters. “(b) End User Information Assistance to Exporters .— The Secretary of Commerce shall establish a procedure by which exporters may seek information on questionable end users in countries specified in subsection (c) who are seeking to obtain computers described in subsection (a). “(c) Covered Countries .— For purposes of subsections (a) and (b), the countries specified in this subsection are the countries listed as ‘Computer Tier 3’ eligible countries in section 740.7(d) of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 . “SEC. 1215. CONGRESSIONAL COMMITTEES. “For purposes of sections 1211(d), 1212(a), 1213(c), and 1214(a) the congressional committees specified in those sections are the following: “(1) The Committee on Banking, Housing, and Urban Affairs and the Committee on Armed Services of the Senate. “(2) The Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Armed Services of the House of Representatives.”
[Pub. L. 106–398, § 1 [[div. A], title XII, § 1234(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–331, provided that:
“The amendments made by subsection (a) [amending section 1211 of Pub. L. 105–85 , set out above] shall apply to any new composite theoretical performance level established for purposes of section 1211(a) of the National Defense Authorization Act for Fiscal Year 1998 [ Pub. L. 105–85 ] that is submitted by the President pursuant to section 1211(d) of that Act on or after the date of the enactment of this Act [ Oct. 30, 2000 ].”
]
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.]
Memorandum of President of the United States, June 29, 2017, 82 F.R. 31239, provided:
Memorandum for the Secretary of Commerce
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Commerce the functions and authorities vested in the President under section 1211 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85) (the “Act”) [set out in a note above], to prepare and submit required reports and justifications to appropriate congressional committees on changes to levels governing prior notification for exports to Computer Tier 3 countries, or removal of a country from Computer Tier 3 status, in the Department of Commerce’s Export Administration Regulations.
The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as section 1211 of the Act.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
[Repealed]
The President, subject to subsection (c), shall apply sanctions under subsection (b) for a period of not less than 2 years and not more than 5 years, if the President determines that—
The President shall notify the Congress of each action taken under this section. This section, except subsections (h) and (j), applies only to violations that occur after August 23, 1988.
a foreign person has violated any regulation issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordinating Committee, and
such violation has resulted in substantial enhancement of Soviet and East bloc capabilities in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, communications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Council, to represent a serious adverse impact on the strategic balance of forces.
The sanctions referred to in subsection (a) shall apply to the foreign person committing the violation, as well as to any parent, affiliate, subsidiary, and successor entity of the foreign person, and, except as provided in subsection (c), are as follows:
a prohibition on contracting with, and procurement of products and services from, a sanctioned person, by any department, agency, or instrumentality of the United States Government, and
a prohibition on importation into the United States of all products produced by a sanctioned person.
The President shall not apply sanctions under this section—
in the case of procurement of defense articles or defense services—
under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy United States operational military requirements;
if the President determines that the foreign person or other entity to which the sanctions would otherwise be applied is a sole source supplier of essential defense articles or services and no alternative supplier can be identified; or
if the President determines that such articles or services are essential to the national security under defense coproduction agreements; or
to—
products or services provided under contracts or other binding agreements (as such terms are defined by the President in regulations) entered into before the date on which the President notifies the Congress of the intention to impose the sanctions;
spare parts;
component parts, but not finished products, essential to United States products or production;
routine servicing and maintenance of products; or
information and technology.
The President shall not apply sanctions under this section to a parent, affiliate, subsidiary, and successor entity of a foreign person if the President determines that—
the parent, affiliate, subsidiary, or successor entity (as the case may be) has not knowingly violated the export control regulation violated by the foreign person, and
the government of the country with jurisdiction over the parent, affiliate, subsidiary, or successor entity had in effect, at the time of the violation by the foreign person, an effective export control system consistent with principles agreed to in the Coordinating Committee, including the following:
national laws providing appropriate civil and criminal penalties and statutes of limitations sufficient to deter potential violations;
a program to evaluate export license applications that includes sufficient technical expertise to assess the licensing status of exports and ensure the reliability of end-users;
an enforcement mechanism that provides authority for trained enforcement officers to investigate and prevent illegal exports;
a system of export control documentation to verify the movement of goods and technology; and
procedures for the coordination and exchange of information concerning violations of the agreement of the Coordinating Committee.
For purposes of this section—
the term “component part” means any article which is not usable for its intended functions without being imbedded in or integrated into any other product and which, if used in production of a finished product, would be substantially transformed in that process;
the term “finished product” means any article which is usable for its intended functions without being imbedded or integrated into any other product, but in no case shall such term be deemed to include an article produced by a person other than a sanctioned person that contains parts or components of the sanctioned person if the parts or components have been substantially transformed during production of the finished product; and
the term “sanctioned person” means a foreign person, and any parent, affiliate, subsidiary, or successor entity of the foreign person, upon whom sanctions have been imposed under this section.
The President may, after consultation with the Congress, limit the scope of sanctions applied to a parent, affiliate, subsidiary, or successor entity of the foreign person determined to have committed the violation on account of which the sanctions were imposed if the President determines that—
Notwithstanding the preceding sentence, the President may not limit the scope of the sanction referred to in subsection (b)(1) with respect to the parent of the foreign person determined to have committed the violation, until that sanction has been in effect for at least 2 years.
the parent, affiliate, subsidiary, or successor entity (as the case may be) has not, on the basis of available evidence, itself violated the export control regulation involved, either directly or through a course of conduct;
the government with jurisdiction over the parent, affiliate, subsidiary, or successor entity has improved its export control system as measured by the criteria set forth in subsection (d)(2);
the parent, affiliate, subsidiary, or successor entity, has instituted improvements in internal controls sufficient to detect and prevent violations of the export control regime implemented under paragraph (2); and
the impact of the sanctions imposed on the parent, affiliate, subsidiary, or successor entity is proportionate to the increased defense expenditures imposed on the United States.
The President shall include in the annual report submitted under section 4616 1 1 See References in Text note below. of this title, a report on the status of any sanctions imposed under this section, including any exceptions, exclusions, or modifications of sanctions that have been applied under subsection (c), (d), or (f).
If the President determines that a foreign person has violated a regulation issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordinating Committee, but in a case in which subsection (a)(2) may not apply, the President may apply the sanctions referred to in subsection (b) against that foreign person for a period of not more than 5 years.
In cases in which sanctions have been applied against a foreign person under subsection (a), the President shall initiate discussions with the foreign person and the government with jurisdiction over that foreign person regarding compensation on the part of the foreign person in an amount proportionate to the costs of research and development and procurement of new defensive systems by the United States and the allies of the United States to counteract the effect of the technological advance achieved by the Soviet Union as a result of the violation by that foreign person.
The President shall, at the time that discussions are initiated under paragraph (1), report to the Congress that such discussions are being undertaken, and shall report to the Congress the outcome of those discussions.
Upon making a determination under subsection (a) or (h), the President shall—
initiate consultations with the foreign government with jurisdiction over the foreign person who committed the violation involved, in order to seek prompt remedial action by that government;
initiate discussions with the governments participating in the Coordinating Committee regarding the violation and means to ensure that similar violations do not occur; and
consult with and report to the Congress on the nature of the violation and the actions the President proposes to take, or has taken, to rectify the situation.
In any case in which the President makes a determination under subsection (a), the Secretary of Defense shall determine the costs of restoring the military preparedness of the United States on account of the violation involved. The Secretary of Defense shall notify the Attorney General of his determination, and the Attorney General may bring an action for damages, in any appropriate district court of the United States, to recover such costs against the person who committed the violation, any person that is owned or controlled by the person who committed the violation, and any person who owns and controls the person who committed the violation.
2 The total amount awarded in any case brought under paragraph (2) 2 shall be determined by the court in light of the facts and circumstances, but shall not exceed the amount of the net loss to the national security of the United States. An action under this subsection shall be commenced not later than 3 years after the violation occurs, or one year after the violation is discovered, whichever is later.
For purposes of this section, the term “foreign person” means any person other than a United States person.
Pub. L. 100–418, title II, § 2441, Aug. 23, 1988, 102 Stat. 1364, provided that:
“This part [part II (§§ 2441–2447) of subtitle D of title II of Pub. L. 100–418 , enacting this section, amending former sections 4604 and 4616 of this title and section 1864 of Title 19 , Customs Duties, and enacting provisions formerly set out as notes under section 2410a of the former Appendix to this title] may be cited as the ‘Multilateral Export Control Enhancement Amendments Act’.”
If the President determines that a United States person knowingly—
then the President shall impose the applicable sanctions described in subparagraph (B).
exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export Control Act [22 U.S.C. 2797 et seq.], section 4604 or 4605 1 of this title, or any regulations or orders issued under any such provisions,
conspires to or attempts to engage in such export, transfer, or trade, or
facilitates such export, transfer, or trade by any other person,
The sanctions which apply to a United States person under subparagraph (A) are the following:
If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person, for a period of 2 years, licenses for the transfer of missile equipment or technology controlled under this chapter.
If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person, for a period of not less than 2 years, all licenses for items the export of which is controlled under this chapter.
In the case of any determination referred to in paragraph (1), the Secretary may pursue any other appropriate penalties under section 4610 1 of this title.
The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that—
the product or service is essential to the national security of the United States; and
such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
Subject to paragraphs (3) through (7), if the President determines that a foreign person, after November 5, 1990, knowingly—
or if the President has made a determination with respect to a foreign person under section 73(a) of the Arms Export Control Act [22 U.S.C. 2797b(a)], then the President shall impose on that foreign person the applicable sanctions under subparagraph (B).
exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter,
conspires to or attempts to engage in such export, transfer, or trade, or
facilitates such export, transfer, or trade by any other person,
The sanctions which apply to a foreign person under subparagraph (A) are the following:
If the item involved in the export, transfer, or trade is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years, licenses for the transfer to such foreign person of missile equipment or technology the export of which is controlled under this chapter.
If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years, licenses for the transfer to such foreign person of items the export of which is controlled under this chapter.
If, in addition to actions taken under clauses (i) and (ii), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person.
Paragraph (1) does not apply with respect to—
any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or
any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent.
Sanctions set forth in paragraph (1) may not be imposed under this subsection on a person with respect to acts described in such paragraph or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts.
The Secretary, in consultation with the Secretary of State and the Secretary of Defense, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this subsection. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity.
In any case other than one in which an advisory opinion has been issued under paragraph (4) stating that a proposed activity would not subject a person to sanctions under this subsection, the President may waive the application of paragraph (1) to a foreign person if the President determines that such waiver is essential to the national security of the United States.
In the event that the President decides to apply the waiver described in subparagraph (A), the President shall so notify the Congress not less than 20 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver.
The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that—
the product or service is essential to the national security of the United States; and
such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
The President shall not apply the sanction under this subsection prohibiting the importation of the products of a foreign person—
in the case of procurement of defense articles or defense services—
under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;
if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or
if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation;
to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or
to—
spare parts,
component parts, but not finished products, essential to United States products or production,
routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or
information and technology essential to United States products or production.
For purposes of this section and subsections (k) and (l) of section 4605 1 of this title—
the term “missile” means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems;
the term “Missile Technology Control Regime” or “MTCR” means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto;
the term “MTCR adherent” means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR;
the term “MTCR Annex” means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto;
the terms “missile equipment or technology” and “MTCR equipment or technology” mean those items listed in category I or category II of the MTCR Annex;
the term “foreign person” means any person other than a United States person;
the term “person” means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and
in the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term “person” means—
all activities of that government relating to the development or production of any missile equipment or technology; and
all activities of that government affecting the development or production of aircraft, electronics, and space systems or equipment; and
the term “otherwise engaged in the trade of” means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.
Pub. L. 101–510, div. A, title XVII, § 1701, Nov. 5, 1990, 104 Stat. 1738, provided that:
“It should be the policy of the United States to take all appropriate measures— “(1) to discourage the proliferation, development, and production of the weapons, material, and technology necessary to produce or acquire missiles that can deliver weapons of mass destruction; “(2) to discourage countries and private persons in other countries from aiding and abetting any states from acquiring such weapons, material, and technology; “(3) to strengthen United States and existing multilateral export controls to prohibit the flow of materials, equipment, and technology that would assist countries in acquiring the ability to produce or acquire missiles that can deliver weapons of mass destruction, including missiles, warheads and weaponization technology, targeting technology, test and evaluation technology, and range and weapons effect measurement technology; and “(4) with respect to the Missile Technology Control Regime (‘MTCR’) and its participating governments— “(A) to improve enforcement and seek a common and stricter interpretation among MTCR members of MTCR principles; “(B) to increase the number of countries that adhere to the MTCR; and “(C) to increase information sharing among United States agencies and among governments on missile technology transfer, including export licensing, and enforcement activities.”
Functions of President under this section delegated to Secretary of Commerce, with certain exceptions, by section 2(b) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of Title 22, Foreign Relations and Intercourse.
Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) if the President determines that a foreign person, on or after October 28, 1991, has knowingly and materially contributed—
to the efforts by any foreign country, project, or entity described in paragraph (2) to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons.
through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States under this chapter, or
through the export from any other country of any goods or technology that would be, if they were United States goods or technology, subject to the jurisdiction of the United States under this chapter,
Paragraph (1) applies in the case of—
any foreign country that the President determines has, at any time after January 1, 1980—
used chemical or biological weapons in violation of international law;
used lethal chemical or biological weapons against its own nationals; or
made substantial preparations to engage in the activities described in clause (i) or (ii);
any foreign country whose government is determined for purposes of section 4605(j) 1 of this title to be a government that has repeatedly provided support for acts of international terrorism; or
any other foreign country, project, or entity designated by the President for purposes of this section.
Sanctions shall be imposed pursuant to paragraph (1) on—
the foreign person with respect to which the President makes the determination described in that paragraph;
any successor entity to that foreign person;
any foreign person that is a parent or subsidiary of that foreign person if that parent or subsidiary knowingly assisted in the activities which were the basis of that determination; and
any foreign person that is an affiliate of that foreign person if that affiliate knowingly assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that foreign person.
If the President makes the determinations described in subsection (a)(1) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section.
In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this section for a period of up to 90 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay imposition of sanctions for an additional period of up to 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence.
The President shall report to the Congress, not later than 90 days after making a determination under subsection (a)(1), on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.
The sanctions to be imposed pursuant to subsection (a)(1) are, except as provided in paragraph (2) of this subsection, the following:
The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from any person described in subsection (a)(3).
The importation into the United States of products produced by any person described in subsection (a)(3) shall be prohibited.
The President shall not be required to apply or maintain sanctions under this section—
in the case of procurement of defense articles or defense services—
under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy United States operational military requirements;
if the President determines that the person or other entity to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or
if the President determines that such articles or services are essential to the national security under defense coproduction agreements;
to products or services provided under contracts entered into before the date on which the President publishes his intention to impose sanctions;
to—
spare parts,
component parts, but not finished products, essential to United States products or production, or
routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;
to information and technology essential to United States products or production; or
to medical or other humanitarian items.
The sanctions imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of sanctions and shall cease to apply thereafter only if the President determines and certifies to the Congress that reliable information indicates that the foreign person with respect to which the determination was made under subsection (a)(1) has ceased to aid or abet any foreign government, project, or entity in its efforts to acquire chemical or biological weapons capability as described in that subsection.
The President may waive the application of any sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies to the Congress that such waiver is important to the national security interests of the United States.
If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority.
For the purposes of this section, the term “foreign person” means—
an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or
a corporation, partnership, or other entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States.
Pub. L. 104–106, div. A, title XIII, § 1323, Feb. 10, 1996, 110 Stat. 480, provided that:
“(a) Department of Defense Review .— Any application to the Secretary of Commerce for a license for the export of a class 2, class 3, or class 4 biological pathogen to a country identified to the Secretary under subsection (c) as a country that is known or suspected to have a biological weapons program shall be referred to the Secretary of Defense for review. The Secretary of Defense shall notify the Secretary of Commerce within 15 days after receipt of an application under the preceding sentence whether the export of such biological pathogen pursuant to the license would be contrary to the national security interests of the United States. “(b) Denial of License if Contrary to National Security Interest .— A license described in subsection (a) shall be denied by the Secretary of Commerce if it is determined that the export of such biological pathogen to that country would be contrary to the national security interests of the United States. “(c) Identification of Countries Known or Suspected To Have a Program To Develop Offensive Biological Weapons .— (1) The Secretary of Defense shall determine, for the purposes of this section, those countries that are known or suspected to have a program to develop offensive biological weapons. Upon making such determination, the Secretary shall provide to the Secretary of Commerce a list of those countries. “(2) The Secretary of Defense shall update the list under paragraph (1) on a regular basis. Whenever a country is added to or deleted from such list, the Secretary shall notify the Secretary of Commerce. “(3) Determination under this subsection of countries that are known or suspected to have a program to develop offensive biological weapons shall be made in consultation with the Secretary of State and the intelligence community. “(d) Definition .— For purposes of this section, the term ‘class 2, class 3, or class 4 biological pathogen’ means any biological pathogen that is characterized by the Centers for Disease Control as a class 2, class 3, or class 4 biological pathogen.”
Functions of President under this section delegated to Secretary of State, with certain exceptions, by section 1(a) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of Title 22, Foreign Relations and Intercourse.
[Repealed]
Pub. L. 113–276, title II, § 209, Dec. 18, 2014, 128 Stat. 2994, provided that:
“(a) Protection of Information .— Section 12(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(c)) [former 50 U.S.C. 4614(c) ] has been in effect from August 20, 2001 , and continues in effect on and after the date of the enactment of this Act [ Dec. 18, 2014 ], pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) and notwithstanding section 20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419) [former 50 U.S.C. 4622 ]. Section 12(c)(1) of the Export Administration Act of 1979 is a statute covered by section 552(b)(3) of title 5 , United States Code. “(b) Termination Date .— Subsection (a) terminates at the end of the 4-year period beginning on the date of the enactment of this Act [ Dec. 18, 2014 ].”
[Repealed]
CHAPTER 57— CLAIMS UNDER THE CLARIFICATION ACT
Officers and members of crews (hereinafter referred to as “seamen”) employed on United States or foreign flag vessels as employees of the United States through the War Shipping Administration 1 shall, with respect to (1) laws administered by the Public Health Service and the Social Security Act [42 U.S.C. 301 et seq.], as amended by subsection (b)(2) and (3) of this section; (2) death, injuries, illness, maintenance and cure, loss of effects, detention, or repatriation, or claims arising therefrom not covered by the foregoing clause (1); and (3) collection of wages and bonuses and making of allotments, have all of the rights, benefits, exemptions, privileges, and liabilities, under law applicable to citizens of the United States employed as seamen on privately owned and operated American vessels. Such seamen, because of the temporary wartime character of their employment by the War Shipping Administration, shall not be considered as officers or employees of the United States for the purposes of the United States Employees Compensation Act, as amended [5 U.S.C. 8101 et seq.]; the Civil Service Retirement Act, as amended [5 U.S.C. 8331 et seq.]; the Act of Congress approved March 7, 1942 (Pub. Law 490, Seventy-seventh Congress) or the Act entitled “An Act to provide benefits for the injury, disability, death, or detention of employees of contractors with the United States and certain other persons or reimbursement therefor”, approved December 2, 1942 (Public Law 784, Seventy-seventh Congress) [42 U.S.C. 1701 et seq.]. Claims arising under clause (1) hereof shall be enforced in the same manner as such claims would be enforced if the seaman were employed on a privately owned and operated American vessel. Any claim referred to in clause (2) or (3) hereof shall, if administratively disallowed in whole or in part, be enforced pursuant to the provisions of the Suits in Admiralty Act [46 U.S.C. 30901 et seq.], notwithstanding the vessel on which the seaman is employed is not a merchant vessel within the meaning of such Act. Any claim, right, or cause of action of or in respect of any such seaman accruing on or after October 1, 1941, and prior to March 24, 1943, may be enforced, and upon the election of the seaman or his surviving dependent or beneficiary, or his legal representative to do so shall be governed, as if this section had been in effect when such claim, right, or cause of action accrued, such election to be made in accordance with rules and regulations prescribed by the Administrator, War Shipping Administration. Rights of any seaman under the Social Security Act [42 U.S.C. 301 et seq.], as amended by subsection (b)(2) and (3), and claims therefor shall be governed solely by the provisions of such Act, so amended. When used in this subsection the term “administratively disallowed” means a denial of a written claim in accordance with rules or regulations prescribed by the Administrator, War Shipping Administration. When used in this subsection the terms “War Shipping Administration” and “Administrator, War Shipping Administration” shall be deemed to include the United States Maritime Commission with respect to the period beginning October 1, 1941, and ending February 11, 1942, and the term “seaman” shall be deemed to include any seaman employed as an employee of the United States through the War Shipping Administration on vessels made available to or subchartered to other agencies or departments of the United States.
Omitted.
The War Shipping Administration and its agents or persons acting on its behalf or for its account may, for convenience of administration, with the approval of the Administrator, make payments of any taxes, fees, charges, or exactions to the United States or its agencies.
Act Mar. 24, 1943, ch. 26, 57 Stat. 45, which enacted this chapter, is popularly known as the Clarification Act.
War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Administration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501.
Maritime Administration transferred from Department of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation.
Vessel operations conducted under Vessel Operations Revolving Fund, applicability of subsecs. (a) and (c) of this section to, see section 50301(a) to (e) of Title 46, Shipping.
United States Maritime Commission abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator.
Federal Maritime Board, including offices of members of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.
Omitted.
Whenever the Administrator, War Shipping Administration,1 finds that, on or after October 1, 1941, and before thirty days after March 24, 1943, a master, officer, or member of the crew of, or any persons transported on, a vessel owned by or chartered to the Maritime Commission, the War Shipping Administration, or the War Department 2 or operated by, or for the account of, or at the direction or under the control of the Commission, the Administration, or the War Department, has suffered death, injury, detention, or other casualty, for which the War Shipping Administration would be authorized to provide insurance under Subtitle—Insurance of title II of the Merchant Marine Act, 1936, as amended by this Act, the Administrator may declare that such death, injury, detention, or other casualty, shall be deemed and considered to be covered by such insurance at the time of the disaster or accident, if the Administrator finds that such action is required to make equitable provision for loss or injury related to the war effort and not otherwise adequately provided for: Provided, That in making provision for insurance under this subsection the Administrator shall not provide for payments in excess of those generally provided for in comparable cases under insurance hereafter furnished under the said Subtitle—Insurance of title II, as amended: Provided further, That any money paid to any person by reason of insurance provided for under this subsection shall apply in pro tanto satisfaction of the claim of such person against the United States arising from the same loss or injury. There shall be no recovery of any money paid on account of insurance provided for the master, officers, or members of the crew of, or individuals transported on, any vessel under this subsection or under Subtitle—Insurance of title II of the Merchant Marine Act, 1936, as amended, from any person who in the judgment of the Administrator, War Shipping Administration, is without fault, and when in the judgment of the Administrator such recovery would defeat the purposes of benefits otherwise authorized or would be against equity and good conscience. The declarations, findings, and actions of or by the Administrator under this subsection shall be final and conclusive.
The Administrator, War Shipping Administration, is also authorized to make payments, in accordance with rate schedules provided by the United States Employees’ Compensation Act [5 U.S.C. 8101 et seq.], to a master, officer, or member of the crew of, or any persons transported on, a vessel owned by or chartered to the Maritime Commission or the War Shipping Administration or operated by, or for the account of, or at the direction or under the control of the Commission or the Administration, for permanent total or partial disability as long as such disability resulting from causes related to the war effort whether heretofore or hereafter arising exists; such payments to commence if and when insurance benefits provided by the War Shipping Administration for such person shall have been exhausted.
The War Shipping Administration shall have the right of intervention and a lien and right of recovery in the cases and to the extent of any payments paid and payable under this section or under Subtitle—Insurance of Title II of the Merchant Marine Act, 1936, as amended, in the manner provided in the last paragraph of subsection (c) of section 105 of the Act approved December 2, 1942 (Public Law 784, 77th Congress; 42 U.S.C., sec. 1701), as amended by Public Law 216, 78th Congress, approved December 23, 1943. Any amounts recovered under this provision shall be covered into the Marine and War-risk insurance fund, War Shipping Administration.
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 207(a), (f) of act July 26, 1947, established Department of the Air Force, headed by a Secretary, and transferred functions (relating to Army Air Forces) of Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force. Sections 205(a) and 207(a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces”, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively.
Act Aug. 8, 1946, ch. 905, 60 Stat. 937, provided that the amendment made by that Act is effective as of Mar. 24, 1943.
War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Administration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501.
Maritime Administration transferred from Department of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation.
Maritime Commission, meaning United States Maritime Commission, abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of that Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator.
Federal Maritime Board, including offices of members of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
, (b) Omitted.
In the event that a vessel the title or use and possession of which is requisitioned or taken pursuant to chapter 563 of title 46 or the Act of June 6, 1941 (Public Law 101, Seventy-seventh Congress), is in the custody of any court, State or Federal, it shall be the duty of all agents and officers of the court having possession, custody, or control of said vessel, forthwith upon the filing with the clerk of said court of a certified copy of the order of requisitioning or taking, and without further order of the court, to comply with said requisitioning or taking and to permit the representatives of the United States Maritime Commission or the War Shipping Administration,1 as the case may be, to take possession, custody, and control of said vessel.
to (k) Omitted.
War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Administration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501.
Maritime Administration transferred from Department of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation.
Vessel operations conducted under Vessel Operations Revolving Fund, applicability of subsec. (c) of this section to, see section 50301(a) to (e) of Title 46, Shipping.
United States Maritime Commission abolished by Reorg. Plan No. 21, 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator.
Federal Maritime Board, including offices of members of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
The United States shall, with respect to vessels owned by or chartered to the War Shipping Administrator 1 1 See Transfer of Functions note below. under bareboat charter or time charter or operated directly by such Administrator or for his account, be entitled to the benefits of all exemptions and of all limitations of liability accorded by law to the owners of vessels. With respect to any such vessel, the term “the United States” shall include agents or other persons acting for or on behalf of the Administrator in connection with the operation thereof.
War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Administration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501.
Maritime Administration transferred from Department of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation.
Vessel operations conducted under Vessel Operations Revolving Fund, applicability of this section to, see section 50301(a) to (e) of Title 46, Shipping.
United States Maritime Commission abolished by Reorg. Plan No. 21, 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator.
Federal Maritime Board, including offices of members of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
The provisions of section 4701(a) of this title shall remain in force until the termination of title 1 of the First War Powers Act, 1941. The termination of the provisions of such section shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any cause before such termination, but all rights and liabilities under law as modified by such provisions shall continue, and may be enforced in the same manner as if such provisions had not terminated. The authority conferred upon the United States Maritime Commission by any provision of this chapter shall be vested in and exercised by the Administrator of the War Shipping Administration 1 1 See Transfer of Functions note below. in conformity with the Executive order of February 7, 1942 (Numbered 9054; 7 F.R. 837), as heretofore or hereafter amended.
War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Administration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501.
Maritime Administration transferred from Department of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation.
United States Maritime Commission abolished by Reorg. Plan No. 21, 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator.
Federal Maritime Board, including offices of members of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
CHAPTER 58— EXPORT CONTROL REFORM
In this chapter:
The term “controlled” refers to an item subject to the jurisdiction of the United States under subchapter I.
The term “dual-use”, with respect to an item, means the item has civilian applications and military, terrorism, weapons of mass destruction, or law-enforcement-related applications.
The term “export”, with respect to an item subject to controls under subchapter I, includes—
the shipment or transmission of the item out of the United States, including the sending or taking of the item out of the United States, in any manner; and
the release or transfer of technology or source code relating to the item to a foreign person in the United States.
The term “Export Administration Regulations” means—
the Export Administration Regulations as promulgated, maintained, and amended under the authority of the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] and codified, as of August 13, 2018, in subchapter C of chapter VII of title 15, Code of Federal Regulations; or
regulations that are promulgated, maintained, and amended under the authority of subchapter I on or after August 13, 2018.
The term “foreign person” means—
any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in section 1324b(a)(3) of title 8);
any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government (e.g., diplomatic mission).
The term “in-country transfer”, with respect to an item subject to controls under subchapter I, means a change in the end-use or end user of the item within the same foreign country.
The term “item” means a commodity, software, or technology.
The term “person” means—
a natural person;
a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, or any government or agency thereof; and
any successor to any entity described in subparagraph (B).
The term “reexport”, with respect to an item subject to controls under subchapter I, includes—
the shipment or transmission of the item from a foreign country to another foreign country, including the sending or taking of the item from the foreign country to the other foreign country, in any manner; and
the release or transfer of technology or source code relating to the item to a foreign person outside the United States.
Except as otherwise provided, the term “Secretary” means the Secretary of Commerce.
The term “technology” includes information, in tangible or intangible form, necessary for the development, production, or use of an item.
The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.
The term “United States person” means—
for purposes of subchapter I—
any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of section 1324b(a)(3) of title 8;
a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; and
any person in the United States; and
for purposes of subchapter II, any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern) and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations by the Secretary.
The term “weapons of mass destruction” means nuclear, radiological, chemical, and biological weapons and delivery systems for such weapons.
Pub. L. 119–34, § 1, Aug. 19, 2025, 139 Stat. 488, provided that:
“This Act [amending section 4815 of this title ] may be cited as the ‘Maintaining American Superiority by Improving Export Control Transparency Act’.”
Pub. L. 115–232, div. A, title XVII, § 1741, Aug. 13, 2018, 132 Stat. 2208, provided that:
“This subtitle [subtitle B (§§ 1741–1781) of title XVII of div. A of Pub. L. 115–232 , enacting this chapter, amending section 5314 of Title 5 , Government Organization and Employees, and section 2516 of Title 18 , Crimes and Criminal Procedure, repealing sections 4601 to 4610 and 4614 to 4623 of this title, enacting provisions set out as notes under this section and section 4601 of this title , and repealing provisions set out as notes under sections 4601, 4606, and 4609 of this title and section 3108 of Title 22 , Foreign Relations and Intercourse] may be cited as the ‘Export Control Reform Act of 2018’.”
Pub. L. 115–232, div. A, title XVII, § 1751, Aug. 13, 2018, 132 Stat. 2209, provided that:
“This part [part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232 , enacting subchapter I of this chapter, amending section 2516 of Title 18 , Crimes and Criminal Procedure, repealing sections 4601 to 4610 and 4614 to 4623 of this title, enacting provisions set out as notes under section 4601 of this title , and repealing provisions set out as notes under sections 4601, 4606, and 4609 of this title and section 3108 of Title 22 , Foreign Relations and Intercourse] may be cited as the ‘Export Controls Act of 2018’.”
Pub. L. 115–232, div. A, title XVII, § 1771, Aug. 13, 2018, 132 Stat. 2234, provided that:
“This part [part II (§§ 1771–1774) of subtitle B of title XVII of div. A of Pub. L. 115–232 , enacting subchapter II of this chapter] may be cited as the ‘Anti-Boycott Act of 2018’.”
SUBCHAPTER I— AUTHORITY AND ADMINISTRATION OF CONTROLS
The following is the policy of the United States:
To use export controls only after full consideration of the impact on the economy of the United States and only to the extent necessary—
to restrict the export of items which would make a significant contribution to the military potential of any other country or combination of countries which would prove detrimental to the national security of the United States; and
to restrict the export of items if necessary to further significantly the foreign policy of the United States or to fulfill its declared international obligations.
The national security and foreign policy of the United States require that the export, reexport, and in-country transfer of items, and specific activities of United States persons, wherever located, be controlled for the following purposes:
To control the release of items for use in—
the proliferation of weapons of mass destruction or of conventional weapons;
the acquisition of destabilizing numbers or types of conventional weapons;
acts of terrorism;
military programs that could pose a threat to the security of the United States or its allies; or
activities undertaken specifically to cause significant interference with or disruption of critical infrastructure.
To preserve the qualitative military superiority of the United States.
To strengthen the United States defense industrial base.
To carry out the foreign policy of the United States, including the protection of human rights and the promotion of democracy.
To carry out obligations and commitments under international agreements and arrangements, including multilateral export control regimes.
To facilitate military interoperability between the United States and its North Atlantic Treaty Organization (NATO) and other close allies.
To ensure national security controls are tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States.
The national security of the United States requires that the United States maintain its leadership in the science, technology, engineering, and manufacturing sectors, including foundational technology that is essential to innovation. Such leadership requires that United States persons are competitive in global markets. The impact of the implementation of this subchapter on such leadership and competitiveness must be evaluated on an ongoing basis and applied in imposing controls under sections 4812 and 4813 of this title to avoid negatively affecting such leadership.
The national security and foreign policy of the United States require that the United States participate in multilateral organizations and agreements regarding export controls on items that are consistent with the policy of the United States, and take all the necessary steps to secure the adoption and consistent enforcement, by the governments of such countries, of export controls on items that are consistent with such policy.
Export controls should be coordinated with the multilateral export control regimes. Export controls that are multilateral are most effective, and should be tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States and its allies.
Export controls applied unilaterally to items widely available from foreign sources generally are less effective in preventing end-users from acquiring those items. Application of unilateral export controls should be limited for purposes of protecting specific United States national security and foreign policy interests.
The effective administration of export controls requires a clear understanding both inside and outside the United States Government of which items are controlled and an efficient process should be created to regularly update the controls, such as by adding or removing such items.
The export control system must ensure that it is transparent, predictable, and timely, has the flexibility to be adapted to address new threats in the future, and allows seamless access to and sharing of export control information among all relevant United States national security and foreign policy agencies.
Implementation and enforcement of United States export controls require robust capabilities in monitoring, intelligence, and investigation, appropriate penalties for violations, and the ability to swiftly interdict unapproved transfers.
Export controls complement and are a critical element of the national security policies underlying the laws and regulations governing foreign direct investment in the United States, including controlling the transfer of critical technologies to certain foreign persons. Thus, the President, in coordination with the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies, as appropriate, should have a regular and robust process to identify the emerging and other types of critical technologies of concern and regulate their release to foreign persons as warranted regardless of the nature of the underlying transaction. Such identification efforts should draw upon the resources and expertise of all relevant parts of the United States Government, industry, and academia. These efforts should be in addition to traditional efforts to modernize and update the lists of controlled items under the multilateral export control regimes.
The authority under this subchapter may be exercised only in furtherance of all of the objectives set forth in paragraphs (1) through (10).
Pub. L. 118–50, div. N, Apr. 24, 2024, 138 Stat. 986, provided that:
“SEC. 1. SHORT TITLE. “This division may be cited as the ‘No Technology for Terror Act’. “SEC. 2. APPLICATION OF FOREIGN-DIRECT PRODUCT RULES TO IRAN. “(a) In General .— Beginning on the date that is 90 days after the date of the enactment of this division [ Apr. 24, 2024 ], a foreign-produced item shall be subject to the Export Administration Regulations (pursuant to the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.)) if the item— “(1) meets— “(A) the product scope requirements described in subsection (b); and “(B) the destination scope requirements described in subsection (c); and “(2) is exported, reexported, or in-country transferred to Iran from abroad or involves the Government of Iran. “(b) Product Scope Requirements .— A foreign-produced item meets the product scope requirements of this subsection if the item— “(1) is a direct product of United States-origin technology or software subject to the Export Administration Regulations that is specified in a covered Export Control Classification Number or is identified in supplement no. 7 to part 746 of the Export Administration Regulations; or “(2) is produced by any plant or major component of a plant that is located outside the United States, if the plant or major component of a plant, whether made in the United States or a foreign country, itself is a direct product of United States-origin technology or software subject to the Export Administration Regulations that is specified in a covered Export Control Classification Number. “(c) Destination Scope Requirements .— A foreign-produced item meets the destination scope requirements of this subsection if there is knowledge that the foreign-produced item is destined to Iran or will be incorporated into or used in the production or development of any part, component, or equipment subject to the Export Administration Regulations and produced in or destined to Iran. “(d) License Requirements.— “(1) In general .— A license shall be required to export, reexport, or in-country transfer a foreign-produced item from abroad that meets the product scope requirements described in subsection (b) and the destination scope requirements described in subsection (c) and is subject to the Export Administration Regulations pursuant to this section. “(2) Exceptions .— The license requirements of paragraph (1) shall not apply to— “(A) food, medicine, or medical devices that are— “(i) designated as EAR99; or “(ii) not designated under or listed on the Commerce Control List; or “(B) services, software, or hardware (other than services, software, or hardware for end-users owned or controlled by the Government of Iran) that are— “(i) necessarily and ordinarily incident to communications; or “(ii) designated as— “(I) EAR99; or “(II) Export Control Classification Number 5A992.c or 5D992.c, and classified in accordance with section 740.17 of title 15[,] Code of Federal Regulations; and “(iii) subject to a general license issued by the Department of Commerce or Department of Treasury. “(e) National Interest Waiver .— The Secretary of Commerce may waive the requirements imposed under this section if the Secretary— “(1) determines that the waiver is in the national interests of the United States; and “(2) submits to the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate a report explaining which requirements are being waived and the reasons for the waiver. “(f) Sunset .— The authority provided under this section shall terminate on the date that is 7 years after the date of the enactment of this division. “(g) Definitions .— In this section— “(1) the term ‘Commerce Control List’ means the list maintained pursuant to part 744 of the Export Administration Regulations; “(2) the term ‘covered Export Control Classification Number’ means an Export Control Classification Number in product group D or E of Category 3, 4, 5, 6, 7, 8, or 9 of the Commerce Control List; “(3) the terms ‘Export Administration Regulations’, ‘export’, ‘reexport’, and ‘in-country transfer’ have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ); and “(4) the terms ‘direct product’, ‘technology’, ‘software’, ‘major component’, ‘knowledge’, ‘production’, ‘development’, ‘part’, ‘component’, ‘equipment’, and ‘government end users’ have the meanings given those terms in section 734.9 or part 772 of the Export Administration Regulations, as the case may be.”
[Memorandum of President of the United States, § 5, Sept. 13, 2024, 89 F.R. 77758, provided:
[In exercising the functions and authorities described in section 2(d) of the No Technology for Terror Act (Division N of Public Law 118–50) [set out above], I hereby direct the Secretary of Commerce to consult with the Secretary of State and the Secretary of the Treasury.
[J.R. Biden, Jr.]
In order to carry out the policy set forth in paragraphs (1) through (10) of section 4811 of this title, the President shall control—
the export, reexport, and in-country transfer of items subject to the jurisdiction of the United States, whether by United States persons or by foreign persons; and
the activities of United States persons, wherever located, relating to specific—
nuclear explosive devices;
missiles;
chemical or biological weapons;
whole plants for chemical weapons precursors;
foreign maritime nuclear projects; and
foreign military, security, or intelligence services.
In exercising authority under this subchapter to carry out the policy set forth in paragraphs (1) through (10) of section 4811 of this title, the President shall—
regulate the export, reexport, and in-country transfer of items described in subsection (a)(1) of United States persons or foreign persons;
regulate the activities described in subsection (a)(2) of United States persons, wherever located;
seek to secure the cooperation of other governments and multilateral organizations to impose control systems that are consistent, to the extent possible, with the controls imposed under subsection (a);
maintain the leadership of the United States in science, engineering, technology research and development, manufacturing, and foundational technology that is essential to innovation;
protect United States technological advances by prohibiting unauthorized technology transfers to foreign persons in the United States or outside the United States, particularly with respect to countries that may pose a significant threat to the national security of the United States;
strengthen the United States industrial base, both with respect to current and future defense requirements; and
enforce the controls through means such as regulations, requirements for compliance, lists of controlled items, lists of foreign persons who threaten the national security or foreign policy of the United States, and guidance in a form that facilitates compliance by United States persons and foreign persons, in particular academic institutions, scientific and research establishments, and small- and medium-sized businesses.
The President shall impose controls over the export, reexport, or in-country transfer of items for purposes of the objectives described in subsections (b)(1) or (b)(2) without regard to the nature of the underlying transaction or any circumstances pertaining to the activity, including whether such export, reexport, or in-country transfer occurs pursuant to a purchase order or other contract requirement, voluntary decision, inter-company arrangement, marketing effort, or during a joint venture, joint development agreement, or similar collaborative agreement.
In carrying out this subchapter on behalf of the President, the Secretary, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall—
establish and maintain a list of items that are controlled under this subchapter;
establish and maintain a list of foreign persons and end-uses that are determined to be a threat to the national security and foreign policy of the United States pursuant to the policy set forth in section 4811(2)(A) of this title;
prohibit unauthorized exports, reexports, and in-country transfers of controlled items, including to foreign persons in the United States or outside the United States;
restrict exports, reexports, and in-country transfers of any controlled items to any foreign person or end-use listed under paragraph (2);
require licenses or other authorizations, as appropriate, for exports, reexports, and in-country transfers of controlled items, including—
imposing conditions or restrictions on United States persons and foreign persons with respect to such licenses or other authorizations; and
suspending or revoking such licenses or authorizations;
establish a process for an assessment to determine whether a foreign item is comparable in quality to an item controlled under this subchapter, and is available in sufficient quantities to render the United States export control of that item or the denial of a license ineffective, including a mechanism to address that disparity;
require measures for compliance with the export controls established under this subchapter;
require and obtain such information from United States persons and foreign persons as is necessary to carry out this subchapter;
require, to the extent feasible, identification of items subject to controls under this subchapter in order to facilitate the enforcement of such controls;
inspect, search, detain, or seize, or impose temporary denial orders with respect to items, in any form, that are subject to controls under this subchapter, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of this subchapter;
monitor shipments and other means of transfer;
keep the public appropriately apprised of changes in policy, regulations, and procedures established under this subchapter;
appoint technical advisory committees in accordance with the Federal Advisory Committee Act;
create, as warranted, exceptions to licensing requirements in order to further the objectives of this subchapter;
establish and maintain processes to inform persons, either individually by specific notice or through amendment to any regulation or order issued under this subchapter, that a license from the Bureau of Industry and Security of the Department of Commerce is required to export; and
undertake any other action as is necessary to carry out this subchapter that is not otherwise prohibited by law.
The authority under this subchapter may not be used to regulate or prohibit under this subchapter the export, reexport, or in-country transfer of any item that may not be regulated or prohibited under section 203(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b) ), except to the extent the President has made a determination necessary to impose controls under subparagraph (A), (B), or (C) of paragraph (2) of such section.
A license shall be required for the export, reexport, or in-country transfer of items, the control of which is implemented pursuant to subsection (a) by the Secretary, to a country if the Secretary of State has made the following determinations:
The government of such country has repeatedly provided support for acts of international terrorism.
The export, reexport, or in-country transfer of such items could make a significant contribution to the military potential of such country, including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism.
A determination of the Secretary of State under section 2371 of title 22 , section 2780 of title 22 , or any other provision of law that the government of a country described in subparagraph (A) has repeatedly provided support for acts of international terrorism shall be deemed to be a determination with respect to such government for purposes of clause (i) of subparagraph (A).
The Secretary of State and the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before any license is issued as required by paragraph (1).
The Secretary of State shall include in the notification required under subparagraph (A)—
a detailed description of the items to be offered, including a brief description of the capabilities of any item for which a license to export, reexport, or in-country transfer the items is sought;
the reasons why the foreign country, person, or entity to which the export, reexport, or in-country transfer is proposed to be made has requested the items under the export, reexport, or in-country transfer, and a description of the manner in which such country, person, or entity intends to use such items;
the reasons why the proposed export, reexport, or in-country transfer is in the national interest of the United States;
an analysis of the impact of the proposed export, reexport, or in-country transfer on the military capabilities of the foreign country, person, or entity to which such transfer would be made;
an analysis of the manner in which the proposed export, reexport, or in-country transfer would affect the relative military strengths of countries in the region to which the items that are the subject of such export, reexport, or in-country transfer would be delivered and whether other countries in the region have comparable kinds and amounts of items; and
an analysis of the impact of the proposed export, reexport, or in-country transfer on the relations of the United States with the countries in the region to which the items that are the subject of such export, reexport, or in-country transfer would be delivered.
Each determination of the Secretary of State under paragraph (1)(A)(i) shall be published in the Federal Register, except that the Secretary of State may exclude confidential information and trade secrets contained in such determination.
A determination of the Secretary of State under paragraph (1)(A)(i) may not be rescinded unless the President submits to the Speaker of the House of Representatives, the chairman of the Committee on Foreign Affairs, and the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate—
before the proposed rescission would take effect, a report certifying that—
there has been a fundamental change in the leadership and policies of the government of the country concerned;
that government is not supporting acts of international terrorism; and
that government has provided assurances that it will not support acts of international terrorism in the future; or
at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
the government concerned has not provided any support for acts international terrorism during the preceding 6-month period; and
the government concerned has provided assurances that it will not support acts of international terrorism in the future.
In furtherance of section 4812(a) of this title, the President shall, except to the extent authorized by a statute or regulation administered by a Federal department or agency other than the Department of Commerce, require a United States person, wherever located, to apply for and receive a license from the Department of Commerce for—
the export, reexport, or in-country transfer of items described in paragraph (2), including items that are not subject to control under this subchapter; and
other activities that may support the design, development, production, use, operation, installation, maintenance, repair, overhaul, or refurbishing of, or for the performance of services relating to, any such items.
The items described in this paragraph include—
nuclear explosive devices;
missiles;
chemical or biological weapons;
whole plants for chemical weapons precursors; and
foreign maritime nuclear projects that would pose a risk to the national security or foreign policy of the United States.
The Secretary may inform United States persons, either individually by specific notice or through amendment to any regulation or order issued under this subchapter, that a license from the Bureau of Industry and Security of the Department of Commerce is required to engage in any activity if the activity involves the types of movement, service, or support described in subsection (d). The absence of any such notification does not excuse the United States person from compliance with the license requirements of subsection (d), or any regulation or order issued under this subchapter.
The Secretary shall deny an application to engage in any activity described in subsection (d) if the activity would make a material contribution to any of the items described in subsection (d)(2).
The President shall rely on, including through delegations, as appropriate, the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, to exercise the authority to carry out the purposes set forth in subsection (b).
The purposes of this section include to—
advise the President with respect to—
identifying specific threats to the national security and foreign policy that the authority of this subchapter may be used to address; and
exercising the authority under this subchapter to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats;
review and approve—
criteria for including items on, and removing such an item from, a list of controlled items established under this subchapter;
an interagency procedure for compiling and amending any list described in subparagraph (A);
criteria for including a person on a list of persons to whom exports, reexports, and in-country transfers of items are prohibited or restricted under this subchapter;
standards for compliance by persons subject to controls under this subchapter; and
policies and procedures for the end-use monitoring of exports, reexports, and in-country transfers of items controlled under this subchapter; and
benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a).
It is the sense of Congress that the administration of export controls under this subchapter should be consistent with the procedures relating to export license applications described in Executive Order 12981 (1995).
The Secretary shall, consistent with delegations as described in section 4814 of this title, establish a procedure to license or otherwise authorize the export, reexport, and in-country transfer of items controlled under this subchapter in order to carry out the policy set forth in section 4811 of this title and the requirements set forth in section 4812(b) of this title. The procedure shall ensure that—
license applications and other requests for authorization are considered and decisions made with the participation of appropriate Federal agencies, as appropriate; and
licensing decisions are made in an expeditious manner, with transparency to applicants on the status of license and other authorization processing and the reason for denying any license or request for authorization.
It is the sense of Congress that the Secretary should make best efforts to ensure that an accurate, consistent, and timely evaluation and processing of licenses or other requests for authorization to export, reexport, or in-country transfer items controlled under this subchapter is generally accomplished within 30 days from the date of such license request.
No fee may be charged in connection with the submission, processing, or consideration of any application for a license or other authorization or other request made in connection with any regulation in effect under the authority of this subchapter.
The procedure required under subsection (a) shall provide for the assessment of the impact of a proposed export of an item on the United States defense industrial base and the denial of an application for a license or a request for an authorization of any export that would have a significant negative impact on such defense industrial base, as described in paragraph (3).
The procedure required under subsection (a) shall also require an applicant for a license to provide the information necessary to make the assessment provided under paragraph (1), including whether the purpose or effect of the export is to allow for the significant production of items relevant for the defense industrial base outside the United States.
A significant negative impact on the United States defense industrial base is the following:
A reduction in the availability of an item produced in the United States that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States, or for the production of an item in the United States for the Department of Defense or other agency for the advancement of the national security of the United States.
A reduction in the production in the United States of an item that is the result of research and development carried out, or funded by, the Department of Defense or other Federal department or agency to advance the national security of the United States, or a federally funded research and development center.
A reduction in the employment of United States persons whose knowledge and skills are necessary for the continued production in the United States of an item that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States.
Not later than one year after August 19, 2025 , and not less frequently than annually thereafter, the Secretary, 1 1 So in original. The comma probably should not appear. shall, subject to the availability of appropriations, submit to the appropriate congressional committees a report on end-use checks related to, as well as license applications and other requests for authorization for the export, reexport, release, and in-country transfer of items controlled under this subchapter to covered entities.
The report required by paragraph (1) shall include, with respect to the preceding one year-period, the following:
For each license application or other request for authorization, the name of the entity submitting the application, a brief description of the item (including the Export Control Classification Number (ECCN) and reason for control, if applicable), the name of the end-user, the end-user’s location, a value estimate, decision with respect to the license application or authorization, and the date of submission.
The date, location, and result of any end-use checks, to ensure compliance with United States export controls.
Aggregate statistics on all license applications and other requests for authorization as described in subparagraph (A).
The information required to be provided in the reports required by this subsection (other than the information required by paragraph (2)(C)) shall be exempt from public disclosure pursuant to section 4820(h)(1) of this title .
In preparing and submitting a report under subsection (e), 2 2 So in original. the Secretary shall ensure that information that may jeopardize an ongoing investigation shall not be included in the contents of the report.
In this subsection—
the term “appropriate congressional committees” means—
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the term “covered entity” means any entity that—
is located in a country listed in Country Group D:5 under Supplement No. 1 to part 740 of title 15, Code of Federal Regulations; and
is included on—
the list maintained and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations; or
the list maintained and set forth in Supplement No. 7 to part 744 of the Export Administration Regulations.
The President may authorize the Secretary to establish a system to provide United States persons with assistance in complying with this subchapter, which may include a mechanism for providing information, in classified form as appropriate, to persons who are potential customers, suppliers, or business partners with respect to items controlled under this subchapter, in order to further ensure the prevention of the export, reexport, or in-country transfer of items that may pose a threat to the national security or foreign policy of the United States.
In order to carry out subsection (a), the President may issue appropriate security clearances to persons described in that subsection who are responsible for complying with this subchapter.
Not later than 120 days after August 13, 2018 , the President shall develop and submit to Congress a plan to assist small- and medium-sized United States businesses in export licensing and other processes under this subchapter.
The plan shall include, among other things, arrangements for the Department of Commerce to provide counseling to businesses described in paragraph (1) on filing applications and identifying items controlled under this subchapter, as well as proposals for seminars and conferences to educate such businesses on export controls, licensing procedures, and related obligations.
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(7) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
Memorandum of President of the United States, Nov. 26, 2018, 83 F.R. 61503, provided:
Memorandum for the Secretary of Commerce
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Commerce the functions and authorities vested in the President by section 1757 of the [John S. McCain] National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) [50 U.S.C. 4816].
The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
The President shall establish and, in coordination with the Secretary, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the heads of other Federal agencies as appropriate, lead, a regular, ongoing interagency process to identify emerging and foundational technologies that—
are essential to the national security of the United States; and
are not critical technologies described in clauses (i) through (v) of section 4565(a)(6)(A) of this title.
The interagency process established under subsection (a) shall—
be informed by multiple sources of information, including—
publicly available information;
classified information, including relevant information provided by the Director of National Intelligence;
information relating to reviews and investigations of transactions by the Committee on Foreign Investment in the United States under section 4565 of this title; and
information provided by the advisory committees established by the Secretary to advise the Under Secretary of Commerce for Industry and Security on controls under the Export Administration Regulations, including the Emerging Technology and Research Advisory Committee;
take into account—
the development of emerging and foundational technologies in foreign countries;
the effect export controls imposed pursuant to this section may have on the development of such technologies in the United States; and
the effectiveness of export controls imposed pursuant to this section on limiting the proliferation of emerging and foundational technologies to foreign countries; and
include a notice and comment period.
Except to the extent inconsistent with the authorities described in subsection (a)(1)(B), the Secretary shall establish appropriate controls under the Export Administration Regulations on the export, reexport, or in-country transfer of technology identified pursuant to subsection (a), including through interim controls (such as by informing a person that a license is required for export), as appropriate, or by publishing additional regulations.
The Secretary may, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, specify the level of control to apply under paragraph (1) with respect to the export of technology described in that paragraph, including a requirement for a license or other authorization for the export, reexport, or in-country transfer of that technology.
In determining under subparagraph (A) the level of control appropriate for technology described in paragraph (1), the Secretary shall take into account—
lists of countries to which exports from the United States are restricted; and
the potential end uses and end users of the technology.
At a minimum, except as provided by paragraph (4), the Secretary shall require a license for the export, reexport, or in-country transfer of technology described in paragraph (1) to or in a country subject to an embargo, including an arms embargo, imposed by the United States.
The procedures set forth in Executive Order 12981 ( 50 U.S.C. 4603 note; relating to administration of export controls) or a successor order shall apply to the review of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1).
In reviewing an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1), the Secretary shall take into account information provided by the Director of National Intelligence regarding any threat to the national security of the United States posed by the proposed export, reexport, or transfer. The Director of National Intelligence shall provide such information on the request of the Secretary.
In the case of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1) submitted by or on behalf of a joint venture, joint development agreement, or similar collaborative arrangement, the Secretary may require the applicant to identify, in addition to any foreign person participating in the arrangement, any foreign person with significant ownership interest in a foreign person participating in the arrangement.
The Secretary may not control under this subsection the export of any technology—
described in section 1702(b) of this title; or
if the regulation of the export of that technology is prohibited under any other provision of law.
In prescribing regulations under paragraph (1), the Secretary may include regulatory exceptions to the requirements of that paragraph.
The Secretary shall not be required to impose under paragraph (1) a requirement for a license or other authorization with respect to the export, reexport, or in-country transfer of technology described in paragraph (1) pursuant to any of the following transactions:
The sale or license of a finished item and the provision of associated technology if the United States person that is a party to the transaction generally makes the finished item and associated technology available to its customers, distributors, or resellers.
The sale or license to a customer of a product and the provision of integration services or similar services if the United States person that is a party to the transaction generally makes such services available to its customers.
The transfer of equipment and the provision of associated technology to operate the equipment if the transfer could not result in the foreign person using the equipment to produce critical technologies (as defined in section 4565(a) of this title).
The procurement by the United States person that is a party to the transaction of goods or services, including manufacturing services, from a foreign person that is a party to the transaction, if the foreign person has no rights to exploit any technology contributed by the United States person other than to supply the procured goods or services.
Any contribution and associated support by a United States person that is a party to the transaction to an industry organization related to a standard or specification, whether in development or declared, including any license of or commitment to license intellectual property in compliance with the rules of any standards organization (as defined by the Secretary by regulation).
The Secretary of State, in consultation with the Secretary and the Secretary of Defense, and the heads of other Federal agencies, as appropriate, shall propose that any technology identified pursuant to subsection (a) be added to the list of technologies controlled by the relevant multilateral export control regimes.
If the Secretary of State proposes to a multilateral export control regime under paragraph (1) to add a technology identified pursuant to subsection (a) to the control list of that regime and that regime does not add that technology to the control list during the 3-year period beginning on the date of the proposal, the applicable agency head may determine whether national security concerns warrant the continuation of unilateral export controls with respect to that technology.
Not less frequently than every 180 days, the Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit to the Committee on Foreign Investment in the United States a report on the results of actions taken pursuant to this section.
Not less frequently than every 180 days, the Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit a report on the results of actions taken pursuant to this section, including actions taken pursuant to subsections (a), (b), and (c), to—
the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
The Secretary shall revise the objectives of the Emerging Technology and Research Advisory Committee, established by the Secretary under the Export Administration Regulations, to include advising the interagency process established under subsection (a) with respect to emerging and foundational technologies.
The Secretary—
shall revise the duties of the Emerging Technology and Research Advisory Committee to include identifying emerging and foundational technologies that may be developed over a period of 5 years or 10 years; and
may revise the duties of the Advisory Committee to include identifying trends in—
the ownership by foreign persons and foreign governments of such technologies;
the types of transactions related to such technologies engaged in by foreign persons and foreign governments;
the blending of private and government investment in such technologies; and
efforts to obfuscate ownership of such technologies or to otherwise circumvent the controls established under this section.
The Emerging Technology and Research Advisory Committee should meet not less frequently than every 120 days.
A representative from each agency participating in the interagency process established under subsection (a) should be in attendance at each meeting of the Emerging Technology and Research Advisory Committee.
Not fewer than half of the members of the Emerging Technology and Research Advisory Committee should hold sufficient security clearances such that classified information, including classified information described in clauses (ii) and (iii) of subsection (a)(2)(A), from the interagency process established under subsection (a) can be shared with those members to inform the advice provided by the Advisory Committee.
Subsections (a)(1), (a)(3), and (b) of section 10 and sections 11, 13, and 14 of the Federal Advisory Committee Act (5 U.S.C. App.) 1 1 See References in Text note below. shall not apply to the Emerging Technology and Research Advisory Committee.
The Emerging Technology and Research Advisory Committee shall include the findings of the Advisory Committee under this subsection in the annual report to Congress required by section 4824 of this title .
Nothing in this chapter shall be construed to alter or limit—
the authority of the President or the Secretary of State to designate items as defense articles and defense services for the purposes of the Arms Export Control Act (22 U.S.C. 2751 et seq.) or to otherwise regulate such items; or
the authority of the President under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), or the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or any other provision of law relating to the control of exports.
The Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall conduct a review of license requirements for exports, reexports, or in-country transfers of items to countries subject to a comprehensive United States arms embargo, including, as appropriate—
the scope of controls under title 15, Code of Federal Regulations, that apply to exports, reexports, and in-country transfers for military end uses and military end users in countries that are subject to a comprehensive United States arms embargo and countries that are subject to a United Nations arms embargo; and
entries on the Commerce Control List maintained under title 15, Code of Federal Regulations, that are not subject to a license requirement for the export, reexport, or in-country transfer of items to countries subject to a comprehensive United States arms embargo.
Not later than 270 days after August 13, 2018 , the Secretary shall implement the results of the review conducted under subsection (a).
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(8) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this subchapter or of any regulation, order, license, or other authorization issued under this subchapter, including any of the unlawful acts described in paragraph (2).
The unlawful acts described in this paragraph are the following:
No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
No person may solicit or attempt a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
No person may conspire or act in concert with one or more other persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities for, any item exported or to be exported from the United States, or that is otherwise subject to the Export Administration Regulations, with knowledge that a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item unless valid authorization is obtained therefor.
No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to the Department of Commerce, or an official of any other United States agency, including the Department of Homeland Security and the Department of Justice, or indirectly through any other person—
in the course of an investigation or other action subject to the Export Administration Regulations;
in connection with the preparation, submission, issuance, use, or maintenance of any export control document or any report filed or required to be filed pursuant to the Export Administration Regulations; or
for the purpose of or in connection with effecting any export, reexport, or in-country transfer of an item subject to the Export Administration Regulations or a service or other activity of a United States person described in section 4813 of this title.
No person may engage in any transaction or take any other action with intent to evade the provisions of this subchapter, the Export Administration Regulations, or any order, license, or authorization issued thereunder.
No person may fail or refuse to comply with any reporting or recordkeeping requirements of the Export Administration Regulations or of any order, license, or authorization issued thereunder.
Except as specifically authorized in the Export Administration Regulations or in writing by the Department of Commerce, no person may alter any license, authorization, export control document, or order issued under the Export Administration Regulations.
No person may take any action that is prohibited by a denial order or a temporary denial order issued by the Department of Commerce to prevent imminent violations of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
For purposes of paragraph (2)(F), any representation, statement, or certification made by any person shall be deemed to be continuing in effect. Each person who has made a representation, statement, or certification to the Department of Commerce relating to any order, license, or other authorization issued under this subchapter shall notify the Department of Commerce, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention had occurred or may occur in the future.
A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of, an unlawful act described in subsection (a)—
shall be fined not more than $1,000,000; and
in the case of the individual, shall be imprisoned for not more than 20 years, or both.
The Secretary may impose the following civil penalties on a person for each violation by that person of this subchapter or any regulation, order, or license issued under this subchapter, for each violation:
A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.
Revocation of a license issued under this subchapter to the person.
A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under this subchapter.
The Secretary may by regulation provide standards for establishing levels of civil penalty under this subsection based upon factors such as the seriousness of the violation, the culpability of the violator, and such mitigating factors as the violator’s record of cooperation with the Government in disclosing the violation.
Any person who is convicted under subsection (b) of a violation of a control imposed under section 4812 of this title (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United States any of the person’s property—
used or intended to be used, in any manner, to commit or facilitate the violation;
constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation; or
constituting an item or technology that is exported or intended to be exported in violation of this subchapter.1
The procedures in any forfeiture under this subsection shall be governed by the procedures established under section 853 of title 21 , other than subsection (d) of such section.
The Secretary may—
deny the eligibility of any person convicted of a criminal violation described in subparagraph (B) to export, reexport, or in-country transfer outside the United States any item, whether or not subject to controls under this subchapter, for a period of up to 10 years beginning on the date of the conviction; and
revoke any license or other authorization to export, reexport, or in-country transfer items that was issued under this subchapter and in which such person has an interest at the time of the conviction.
The violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt or conspiracy to violate—
this subchapter (or any regulation, license, or order issued under this subchapter);
any regulation, license, or order issued under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.];
section 371, 554, 793, 794, or 798 of title 18;
section 1001 of title 18;
section 783(b) of this title; or
section 2778 of title 22.
The Secretary may exercise the authority under paragraph (1) with respect to any person related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or business, to any person convicted of any violation of law set forth in paragraph (1), upon a showing of such relationship with the convicted party, and subject to the procedures set forth in subsection (c)(2).
Nothing in subsection (c), (d), or (e) limits—
the availability of other administrative or judicial remedies with respect to violations of this subchapter, or any regulation, order, license or other authorization issued under this subchapter;
the authority to compromise and settle administrative proceedings brought with respect to violations of this subchapter, or any regulation, order, license, or other authorization issued under this subchapter; or
the authority to compromise, remit or mitigate seizures and forfeitures pursuant to section 401(b) of title 22.
In order to enforce this subchapter, the Secretary, on behalf of the President, may exercise, in addition to relevant enforcement authorities of other Federal agencies, the authority to—
issue orders and guidelines;
require, inspect, and obtain books, records, and any other information from any person subject to the provisions of this subchapter;
administer oaths or affirmations and by subpoena require any person to appear and testify or to appear and produce books, records, and other writings, or both;
conduct investigations within the United States and outside the United States consistent with applicable law;
inspect, search, detain, seize, or issue temporary denial orders with respect to items, in any form, that are subject to controls under this subchapter, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of this subchapter, or any regulations, order, license, or other authorization issued thereunder;
carry firearms;
conduct prelicense inspections and post-shipment verifications; and
execute warrants and make arrests.
Amounts made available to carry out this subchapter may be used by the Secretary to carry out undercover investigations that are necessary for detection and prosecution of violations of this subchapter, including to—
purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
section 8141 of title 40;
sections 3901, 6301(a) and (b)(1) to (3), and 6306 of title 41; and
chapter 45 of title 41; and
Any proceeds from an undercover operation carried out under paragraph (1) may be used to offset necessary and reasonable expenses incurred in such undercover operation without regard to the provisions of section 3302 of title 31 .
If a corporation or business entity established or acquired as part of an undercover operation carried out under paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Secretary shall report the circumstances to the Comptroller General of the United States as much in advance of such disposition as the Secretary determines is practicable. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. Any property or equipment purchased pursuant to paragraph (1) may be retained for subsequent use in undercover operations under this section. When such property or equipment is no longer needed, it shall be considered surplus and disposed of as surplus government property.
As soon as the proceeds from an undercover operation carried out under paragraph (1), with respect to which an action is certified and carried out under this subsection, are no longer needed for the conduct of such operation, the proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts.
In the case of contumacy by, or refusal to obey a subpoena issued to, any person under subsection (a)(3), a district court of the United States, after notice to such person and a hearing, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce books, records, and other writings, regardless of format, that are the subject of the subpoena. Any failure to obey such order of the court may be punished by such court as a contempt thereof.
The Secretary, in consultation with the heads of other appropriate Federal agencies, should publish and update “best practices” guidelines to assist persons in developing and implementing, on a voluntary basis, effective export control programs in compliance with the regulations issued under this subchapter.
The implementation by a person of an effective export compliance program and a high quality overall export compliance effort by a person should ordinarily be given weight as mitigating factors in a civil penalty action against the person under this subchapter.
For purposes of this section, a reference to the enforcement of, or a violation of, this subchapter includes a reference to the enforcement or a violation of any regulation, order, license or other authorization issued pursuant to this subchapter.
A person shall not be excused from complying with any requirements under this section because of the person’s privilege against self-incrimination, but the immunity provisions of section 6002 of title 18 shall apply with respect to any individual who specifically claims such privilege.
Information obtained under this subchapter may be withheld from disclosure only to the extent permitted by statute, except that information described in subparagraph (B) shall be withheld from public disclosure and shall not be subject to disclosure under section 552(b)(3) of title 5 , unless the release of such information is determined by the Secretary to be in the national interest.
Information described in this subparagraph is information submitted or obtained in connection with an application for a license or other authorization to export, reexport, or in-country transfer items or engage in other activities, a recordkeeping or reporting requirement, an enforcement activity, or other operations under this subchapter, including—
the license application, license, or other authorization itself;
classification or advisory opinion requests, and the response thereto;
license determinations, and information pertaining thereto;
information or evidence obtained in the course of any investigation; and
information obtained or furnished in connection with any international agreement, treaty, or other obligation.
Nothing in this section shall be construed as authorizing the withholding of information from the Congress or from the Government Accountability Office.
Any information obtained at any time under any provision of the Export Administration Act of 1979 ( 50 U.S.C. 4601 et seq.) (as in effect on the day before August 13, 2018 , and as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)), under the Export Administration Regulations, or under this subchapter, including any report or license application required under any such provision, shall be made available to a committee or subcommittee of Congress of appropriate jurisdiction, upon the request of the chairman or ranking minority member of such committee or subcommittee.
No such committee or subcommittee, or member thereof, may disclose any information made available under clause (i), that is submitted on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest.
Information described in clause (i) of subparagraph (B) shall be subject to the limitations contained in section 716 of title 31 .
An officer or employee of the Government Accountability Office may not disclose, except to the Congress in accordance with this paragraph, any such information that is submitted on a confidential basis or from which any individual can be identified.
Any Federal official described in section 4814(a) of this title who obtains information that is relevant to the enforcement of this subchapter, including information pertaining to any investigation, shall furnish such information to each appropriate department, agency, or office with enforcement responsibilities under this section to the extent consistent with the protection of intelligence, counterintelligence, and law enforcement sources, methods, and activities.
The President shall ensure that the heads of departments, agencies, and offices with enforcement authorities under this subchapter, consistent with protection of law enforcement and its sources and methods—
exchange any licensing and enforcement information with one another that is necessary to facilitate enforcement efforts under this section; and
consult on a regular basis with one another and with the head of other departments, agencies, and offices that obtain information subject to this paragraph, in order to facilitate the exchange of such information.
Licensing or enforcement information obtained under this subchapter may be shared with departments, agencies, and offices that do not have enforcement authorities under this subchapter on a case-by-case basis.
In the administration of this section, reporting requirements shall be designed to reduce the cost of reporting, recordkeeping, and documentation to the extent consistent with effective enforcement and compilation of useful trade statistics. Reporting, recordkeeping, and documentation requirements shall be periodically reviewed and revised in the light of developments in the field of information technology.
Any property, real or personal, tangible or intangible, seized under subsection (a) by designated officers or employees shall be subject to forfeiture to the United States in accordance with applicable law.
Any seizure or forfeiture under this subsection shall be carried out in accordance with the procedures set forth in section 981 of title 18 .
Nothing in this subchapter 1 1 See References in Text note below. shall be construed to limit or otherwise affect the enforcement authorities of the Department of Homeland Security which may also complement those set forth herein.
Except as provided in section 4819(c)(2) or 4843(c) of this title, the functions exercised under this subchapter shall not be subject to sections 551, 553 through 559, and 701 through 706 of title 5.
The Secretary may—
appoint administrative law judges, consistent with the provisions of section 3105 of title 5; and
designate properly appointed administrative law judges from other Federal agencies who are provided to the Department of Commerce pursuant to a legally authorized interagency agreement.
An administrative law judge appointed or designated by the Secretary under paragraph (1) may preside only over proceedings of the Department of Commerce.
The President shall notify in advance the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives of any proposed amendments to the Export Administration Regulations with an explanation of the intent and rationale of such amendments.
The President shall review and evaluate the interagency export license referral, review, and escalation processes for dual-use items and munitions under the licensing jurisdiction of the Department of Commerce or any other Federal agency, as appropriate, to determine whether current practices and procedures are consistent with established national security and foreign policy objectives.
Not later than 180 days after August 13, 2018 , the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under subsection (a).
In any case in which the Operating Committee for Export Policy established by Executive Order 12981 ( December 5, 1995 ; relating to Administration of Export Controls) is meeting to conduct an interagency dispute resolution relating to applications for export licenses under the Export Administration Regulations, matters relating to jet engine hot section technology, commercial communication satellites, and emerging or foundational technology may be decided by majority vote.
In this section, the term “appropriate congressional committees” means—
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(9) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 197, provided:
Memorandum for the Secretary of Commerce
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Commerce, in coordination with executive departments and agencies through the National Security Presidential Memorandum–4 [50 U.S.C. 3021 note] process, the functions and authorities vested in the President by section 1763 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) [50 U.S.C. 4822].
The delegation of authorities and responsibilities in this memorandum shall apply to any provision of any future public law that are the same or substantially the same as the provision referenced in this memorandum.
The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Secretary of Energy, as appropriate, regarding commodity classifications for any item the Secretary and the Secretary of Defense, the Secretary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency consultation.
The Secretary shall submit to Congress, by December 31 of each year, a report on the implementation of this subchapter during the preceding fiscal year. The report shall include a review of—
the effect of controls imposed under this subchapter on exports, reexports, and in-country transfers of items in addressing threats to the national security or foreign policy of the United States, including a description of licensing processing times;
the impact of such controls on the scientific and technological leadership of the United States;
the consistency with such controls of export controls imposed by other countries;
efforts to provide exporters with compliance assistance, including specific actions to assist small- and medium-sized businesses;
a summary of regulatory changes from the prior fiscal year;
a summary of export enforcement actions, including of actions taken to implement end-use monitoring of dual-use, military, and other items subject to the Export Administration Regulations;
a summary of approved license applications to proscribed persons;
efforts undertaken within the previous year to comply with the requirements of section 4817 1 of this title, including any critical technologies identified under such section and how or whether such critical technologies were controlled for export; and
a summary of industrial base assessments conducted during the previous year by the Department of Commerce, including with respect to counterfeit electronics, foundational technologies, and other research and analysis of critical technologies and industrial capabilities of key defense-related sectors.
The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Except as otherwise provided in this subchapter, nothing contained in this subchapter shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over the export or reexport of any item.
The authority granted to the President under this subchapter shall be exercised in such manner so as to achieve effective coordination with the authority exercised under section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ) and all other export control and sanctions authorities exercised by Federal departments and agencies, particularly the Department of State, the Department of the Treasury, and the Department of Energy.
It is the sense of Congress that in order to achieve effective coordination described in paragraph (1), such Federal departments and agencies—
should continuously work to create enforceable regulations with respect to the export, reexport, and in-country transfer by United States and foreign persons of commodities, software, technology, and services to various end uses and end users for foreign policy and national security reasons;
should regularly work to reduce complexity in the system, including complexity caused merely by the existence of structural, definitional, and other non-policy based differences between and among different export control and sanctions systems; and
should coordinate controls on items exported, reexported, or in-country transferred in connection with a foreign military sale under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) or a commercial sale under section 38 of the Arms Export Control Act [22 U.S.C. 2778] to reduce as much unnecessary administrative burden as possible that is a result of differences between the exercise of those two authorities.
Nothing in this subchapter shall be construed to supersede the procedures published by the President pursuant to section 2139a(c) of title 42 .
All delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 ( 50 U.S.C. 4601 et seq.) (as in effect on the day before August 13, 2018 , and as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)), or the Export Administration Regulations, and are in effect as of August 13, 2018 , shall continue in effect according to their terms until modified, superseded, set aside, or revoked under the authority of this subchapter.
This subchapter shall not affect any administrative or judicial proceedings commenced, or any applications for licenses made, under the Export Administration Act of 1979 (as in effect on the day before August 13, 2018 , and as continued in effect pursuant to the International Emergency Economic Powers Act [ 50 U.S.C. 1701 et seq.]), or the Export Administration Regulations.
Any determination that was made under section 6(j) of the Export Administration Act of 1979 (as in effect on the day before August 13, 2018 , and as continued in effect pursuant to the International Emergency Economic Powers Act [ 50 U.S.C. 1701 et seq.]) shall continue in effect as if the determination had been made under section 4813(c) of this title .
Any reference in any other provision of law to a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as in effect on the day before August 13, 2018 , and as continued in effect pursuant to the International Emergency Economic Powers Act [ 50 U.S.C. 1701 et seq.]), is a government that has repeatedly provided support for acts of international terrorism shall be deemed to refer to a country the government of which the Secretary of State has determined, for purposes of section 4813(c) of this title , is a government that has repeatedly provided support for acts of international terrorism.
SUBCHAPTER II— ANTI-BOYCOTT ACT OF 2018
Congress declares it is the policy of the United States—
to oppose restrictive trade practices or boycotts fostered or imposed by any foreign country against other countries friendly to the United States or against any United States person;
to encourage and, in specified cases, require United States persons engaged in the export of goods or technology or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or any United States person; and
to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies.
For the purpose of implementing the policies set forth in section 4841 of this title, the President shall issue regulations prohibiting any United States person, with respect to that person’s activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take any of the following actions with intent to comply with, further, or support any boycott fostered or imposed by any foreign country, against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation:
Refusing, or requiring any other person to refuse, to do business with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, pursuant to an agreement with, a requirement of, or a request from or on behalf of the boycotting country. The mere absence of a business relationship with or in the boycotted country with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate the existence of the intent required to establish a violation of regulations issued to carry out this subparagraph.
Refusing, or requiring any other person to refuse, to employ or otherwise discriminating against any United States person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person.
Furnishing information with respect to the race, religion, sex, or national origin of any United States person or of any owner, officer, director, or employee of such person.
Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person which is known or believed to be restricted from having any business relationship with or in the boycotting country. Nothing in this subparagraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary.
Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the boycotted country.
Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement compliance with which is prohibited by regulations issued pursuant to this paragraph, and no United States person shall, as a result of the application of this paragraph, be obligated to pay or otherwise honor or implement such letter of credit.
Regulations issued pursuant to paragraph (1) shall provide exceptions for—
complying or agreeing to comply with requirements—
prohibiting the import of goods or services from the boycotted country or goods produced or services provided by any business concern organized under the laws of the boycotted country or by nationals or residents of the boycotted country; or
prohibiting the shipment of goods to the boycotting country on a carrier of the boycotted country, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;
complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipment as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;
complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurers, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;
complying or agreeing to comply with export requirements of the boycotting country relating to shipments or transshipments of exports to the boycotted country, to any business concern of or organized under the laws of the boycotted country, or to any national or resident of the boycotted country;
compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual’s family or with requests for information regarding requirements of employment of such individual within the boycotting country; and
compliance by a United States person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his own use, including the performance of contractual services within that country, as may be defined by such regulations.
Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall not provide exceptions from paragraphs (1)(B) and (1)(C).
Nothing in this subsection may be construed to supersede or limit the operation of the antitrust or civil rights laws of the United States.
This section shall apply to any transaction or activity undertaken, by or through a United States person or any other person, with intent to evade the provisions of this section as implemented by the regulations issued pursuant to this subsection, and such regulations shall expressly provide that the exceptions set forth in paragraph (2) shall not permit activities or agreements (expressed or implied by a course of conduct, including a pattern of responses) otherwise prohibited, which are not within the intent of such exceptions.
In addition to the regulations issued pursuant to subsection (a), regulations issued under subchapter I to carry out the policies set forth in section 4811(2)(D) of this title shall implement the policies set forth in this section.
Such regulations shall require that any United States person receiving a request for the furnishing of information, the entering into or implementing of agreements, or the taking of any other action referred to in subsection (a) shall report that fact to the Secretary, together with such other information concerning such request as the Secretary may require for such action as the Secretary considers appropriate for carrying out the policies of that section. Such person shall also report to the Secretary whether such person intends to comply and whether such person has complied with such request. Any report filed pursuant to this paragraph shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any goods or technology to which such report relates may be kept confidential if the Secretary determines that disclosure thereof would place the United States person involved at a competitive disadvantage. The Secretary shall periodically transmit summaries of the information contained in such reports to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary, considers appropriate for carrying out the policies set forth in section 4841 of this title .
The provisions of this section and the regulations issued pursuant thereto shall preempt any law, rule, or regulation of any of the several States or the District of Columbia, or any of the territories or possessions of the United States, or of any governmental subdivision thereof, which law, rule, or regulation pertains to participation in, compliance with, implementation of, or the furnishing of information regarding restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States.
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(10) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act under section 4842 of this title—
shall, upon conviction, be fined not more than $1,000,000; or
if a natural person, may be imprisoned for not more than 20 years, or both.
The President may impose the following civil penalties on a person who violates section 4842 of this title or any regulation issued under this subchapter:
A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.
Revocation of a license issued under subchapter I to the person.
A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under subchapter I.
Any civil penalty or administrative sanction (including any suspension or revocation of authority to export) under this section may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5 and shall be subject to judicial review in accordance with chapter 7 of such title.
The President may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s record of cooperation with the Government in disclosing the violation.
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(11) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
SUBCHAPTER III— ADMINISTRATIVE AUTHORITIES
The President shall appoint, by and with the advice and consent of the Senate, an Under Secretary of Commerce for Industry and Security, who shall carry out—
all functions of the Secretary under this chapter; and
all functions delegated to the Under Secretary of Commerce for Export Administration on the day before the date of the enactment of this Act.
On and after August 13, 2018 , any reference in any law or regulation to the Under Secretary of Commerce for Export Administration shall be deemed to be a reference to the Under Secretary of Commerce for Industry and Security.
The individual serving as Under Secretary of Commerce for Export Administration on the day before August 13, 2018 , may serve as the Under Secretary of Commerce for Industry and Security on and after that date without the need for renomination or reappointment.
Pub. L. 116–6, div. H, title II, § 205(d), Feb. 15, 2019, 133 Stat. 477, provided that:
“The amendments made by this section [amending this section and section 5314 of Title 5 , Government Organization and Employees] shall take effect as if included in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ).”
The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary of Commerce for Industry and Security in carrying out the functions described in paragraphs (1) and (2) of section 4851(a) of this title .
An individual appointed as an Assistant Secretary of Commerce under section 15(a) of the Export Administration Act of 1979 1 1 See References in Text note below. (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)) and serving in that position on the day before the date of the enactment of this Act may serve in one of the Assistant Secretary positions established under subsection (a) on and after that date without the need for renomination or reappointment.