50 U.S.C. § 3106 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 44: NATIONAL SECURITY / Subchapter III: ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES / Section 3106: Dates for submittal of various annual and semiannual reports to the congressional intelligence committees
Dates for submittal of various annual and semiannual reports to the congressional intelligence committees
Status: in_force

(a) Annual reports

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):

(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.

(2) 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.

(3) 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)).

(4) The annual report on hiring and retention of minority employees in the intelligence community required by section 3050(a) of this title.

(5) The annual report on financial intelligence on terrorist assets required by section 3055 of this title.

(6) An annual report submitted under section 3059(d)(1) of this title.

(b) Semiannual reports

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):

(1) 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.

(2) 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

(3) The semiannual provision of information on requests for financial information for foreign counterintelligence purposes required by section 3414(a)(5)(C) of title 12.

(c) Submittal dates for reports

(1) Except as provided in subsection (d), each annual report listed in subsection (a) shall be submitted not later than February 1.

(2) Except as provided in subsection (d), each semiannual report listed in subsection (b) shall be submitted not later than February 1 and August 1.

(d) Postponement of submittal

(1) Subject to paragraph (3), the date for the submittal of—

(A) an annual report listed in subsection (a) may be postponed until March 1; and

(B) a semiannual report listed in subsection (b) may be postponed until March 1 or September 1, as the case may be,

if the official required to submit such report submits to the congressional intelligence committees a written notification of such postponement.

(2)(A) 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.

(B) 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.

(3)(A) 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.

(B) 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.

(July 26, 1947, ch. 343, title V, §507, as added Pub. L. 107–306, title VIII, §811(a)(1), Nov. 27, 2002, 116 Stat. 2418; amended Pub. L. 108–177, title III, §361(l), Dec. 13, 2003, 117 Stat. 2626; Pub. L. 111–259, title III, §349, title V, §501(b)(3), Oct. 7, 2010, 124 Stat. 2700, 2739; Pub. L. 112–277, title III, §§309(b)(2), 310(b)(1), Jan. 14, 2013, 126 Stat. 2474, 2475; Pub. L. 113–126, title III, §329(c)(3), July 7, 2014, 128 Stat. 1407; Pub. L. 114–113, div. M, title VII, §701(c)(2), (3), Dec. 18, 2015, 129 Stat. 2929; Pub. L. 116–92, div. E, title LIII, §5322(c), Dec. 20, 2019, 133 Stat. 2130; Pub. L. 117–263, div. F, title LXVIII, §6824(a)(6), Dec. 23, 2022, 136 Stat. 3615; Pub. L. 117–286, §4(b)(100), Dec. 27, 2022, 136 Stat. 4353.)

Editorial Notes

References in Text

The David L. Boren National Security Education Act of 1991, referred to in subsec. (a)(3), is title VIII of Pub. L. 102–183, Dec. 4, 1991, 105 Stat. 1271, which is classified generally to chapter 37 (§1901 et seq.) of this title. For complete classification of this Act to the Code, see section 1901(a) of this title and Tables.

The Classified Information Procedures Act, referred to in subsec. (b)(1), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Section 1681u(h)(2) of title 15, referred to in subsec. (b)(2), was in the original "section 624(h)(2) of the Fair Credit Reporting Act", which was translated as reading "section 626(h)(2) of the Fair Credit Reporting Act", to reflect the probable intent of Congress and the renumbering of section 624 as 626 by section 358(g)(1)(A) of Pub. L. 107–56 and section 214(a)(1) of Pub. L. 108–159. Section 1681u(h) of title 15 was subsequently redesignated section 1681u(i) of title 15 by Pub. L. 114–23, title V, §503(c)(1), June 2, 2015, 129 Stat. 290.

Codification

Section was formerly classified to section 415b of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Amendments

2022—Subsec. (a)(1). Pub. L. 117–286 substituted "section 416(h) of title 5." for "section 8H(g) of the Inspector General Act of 1978."

Pub. L. 117–263 substituted "Inspectors General" for "Inspectors Generals".

2019—Subsec. (a)(6). Pub. L. 116–92 added par. (6).

2015—Subsec. (a)(5), (6). Pub. L. 114–113, §701(c)(2), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: "The annual report on outside employment of employees of elements of the intelligence community required by section 3024(u)(2) of this title."

Subsec. (c)(1). Pub. L. 114–113, §701(c)(3), substituted "subsection (a)" for "subsection (a)(1)".

2014—Subsec. (a). Pub. L. 113–126, §329(c)(3)(A), in introductory provisions, struck out par. (1) designation before "The date" and substituted "subsection (c)(1)" for "subsection (c)(1)(A)", redesignated subpars. (A) to (F) of former par. (1) as pars. (1) to (6), respectively, and struck out former par. (2) which read as follows: "The date for the submittal to the congressional intelligence committees of the annual report on the threat of attack on the United States from weapons of mass destruction required by section 3050(b) of this title shall be the date each year provided in subsection (c)(1)(B)."

Subsec. (c)(1). Pub. L. 113–126, §329(c)(3)(B), struck out subpar. (A) designation before "Except" and struck out subpar. (B) which read as follows: "Except as provided in subsection (d), the annual report listed in subsection (a)(2) shall be submitted not later than December 1."

Subsec. (d)(1). Pub. L. 113–126, §329(c)(3)(C), in subpar. (A), substituted "subsection (a)" for "subsection (a)(1)" and inserted "and" after "March 1;", redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: "the annual report listed in subsection (a)(2) may be postponed until January 1; and".

2013—Subsec. (a)(1). Pub. L. 112–277, §310(b)(1)(A)(i)(I), (II), redesignated subpars. (B), (E), (F), (G), (H), and (I) as (A), (B), (C), (D), (E), and (F), respectively, and struck out former subpars. (A), (C), and (D) which read as follows:

"(A) The annual report on the protection of the identities of covert agents required by section 423 of this title.

"(C) The annual report on the acquisition of technology relating to weapons of mass destruction and advanced conventional munitions required by section 2366 of this title.

"(D) The annual report on commercial activities as security for intelligence collection required by section 437(c) of title 10."

Subsec. (a)(1)(D). Pub. L. 112–277, §310(b)(1)(A)(i)(III), substituted "section 404i(a)" for "section 404i(c)".

Subsec. (a)(2). Pub. L. 112–277, §310(b)(1)(A)(ii), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "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)(B):

"(A) The annual report on the safety and security of Russian nuclear facilities and nuclear military forces required by section 404i(a) of this title.

"(B) The annual report on the threat of attack on the United States from weapons of mass destruction required by section 404i(c) of this title."

Subsec. (b). Pub. L. 112–277, §309(b)(2), redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: "The semiannual reports on the Office of the Inspector General of the Central Intelligence Agency required by section 403q(d)(1) of this title."

Subsec. (c)(1)(B). Pub. L. 112–277, §310(b)(1)(B), substituted "the annual report" for "each annual report".

Subsec. (d)(1)(B). Pub. L. 112–277, §310(b)(1)(C), substituted "the annual report" for "an annual report".

2010—Subsec. (a)(1). Pub. L. 111–259, §349(1)(A), added subpars. (H) and (I), redesignated former subpars. (C) to (F), (H), (I), and (N) as (A) to (G), respectively, and struck out former subpars. (A), (B), and (G) which read as follows:

"(A) The annual report on intelligence required by section 404d of this title.

"(B) The annual report on intelligence provided to the United Nations required by section 404g(b)(1) of this title.

"(G) The annual update on foreign industrial espionage required by section 2170b(b) of the Appendix to this title."

Subsec. (a)(2)(C), (D). Pub. L. 111–259, §349(1)(B), struck out subpars. (C) and (D) which read as follows:

"(C) The annual report on improvements of the financial statements of the intelligence community for auditing purposes required by section 404i–1 of this title.

"(D) The annual report on counterdrug intelligence matters required by section 826 of the Intelligence Authorization Act for Fiscal Year 2003."

Subsec. (b)(3) to (5). Pub. L. 111–259, §501(b)(3), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows:

"(3) The semiannual reports on the activities of the Diplomatic Telecommunications Service Program Office (DTS–PO) required by section 7302(a)(6)(D)(ii) of title 22."

Subsec. (b)(6). Pub. L. 111–259, §349(2), struck out par. (6) which read as follows:

"(6) The semiannual report on financial intelligence on terrorist assets required by section 404m of this title."

2003—Subsec. (a)(1)(A). Pub. L. 108–177, §361(l)(1)(A)(i), (ii), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: "The annual evaluation of the performance and responsiveness of certain elements of the intelligence community required by section 403–5(d) of this title."

Subsec. (a)(1)(B). Pub. L. 108–177, §361(l)(1)(A)(iii), added subpar. (B). Former subpar. (B) redesignated (A).

Subsec. (a)(1)(C). Pub. L. 108–177, §361(l)(1)(A)(i), (ii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: "The annual report on intelligence community cooperation with Federal law enforcement agencies required by section 404i(a)(2) of this title."

Subsec. (a)(1)(D). Pub. L. 108–177, §361(l)(1)(A)(ii), redesignated subpar. (E) as (D). Former subpar. (D) redesignated (C).

Subsec. (a)(1)(E). Pub. L. 108–177, §361(l)(1)(A)(iv), added subpar. (E). Former subpar. (E) redesignated (D).

Subsec. (a)(1)(G). Pub. L. 108–177, §361(l)(1)(A)(i), (ii), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: "The annual report on expenditures for postemployment assistance for terminated intelligence employees required by section 1611(e)(2) of title 10."

Subsec. (a)(1)(H). Pub. L. 108–177, §361(l)(1)(A)(ii), redesignated subpar. (K) as (H). Former subpar. (H) redesignated (G).

Subsec. (a)(1)(I). Pub. L. 108–177, §361(l)(1)(A)(i), (ii), redesignated subpar. (M) as (I) and struck out former subpar. (I) which read as follows: "The annual report on coordination of counterintelligence matters with the Federal Bureau of Investigation required by section 402a(c)(6) of this title."

Subsec. (a)(1)(J). Pub. L. 108–177, §361(l)(1)(A)(i), struck out subpar. (J) which read as follows: "The annual report on foreign companies involved in the proliferation of weapons of mass destruction that raise funds in the United States capital markets required by section 404n–3 of this title."

Subsec. (a)(1)(K). Pub. L. 108–177, §361(l)(1)(A)(ii), redesignated subpar. (K) as (H).

Subsec. (a)(1)(L). Pub. L. 108–177, §361(l)(1)(A)(i), struck out subpar. (L) which read as follows: "The annual report on exceptions to consumer disclosure requirements for national security investigations under section 1681b(b)(4)(E) of title 15."

Subsec. (a)(1)(M). Pub. L. 108–177, §361(l)(1)(A)(ii), redesignated subpar. (M) as (I).

Subsec. (a)(1)(N). Pub. L. 108–177, §361(l)(1)(A)(ii), which directed that subpar. (N) be redesignated, could not be executed because there was no corresponding subpar. provided for such redesignation.

Subsec. (a)(2). Pub. L. 108–177, §361(l)(1)(B)(iii), (iv), redesignated subpars. (D) and (G) as (C) and (D), respectively, and struck out subpars. (C), (E), and (F) which read as follows:

"(C) The annual report on covert leases required by section 404i(e) of this title.

"(E) The annual report on activities of personnel of the Federal Bureau of Investigation outside the United States required by section 540C(c)(2) of title 28.

"(F) The annual report on intelligence activities of the People's Republic of China required by section 308(c) of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law 105–107; 50 U.S.C. 402a note)."

Subsec. (a)(2)(A). Pub. L. 108–177, §361(l)(1)(B)(i), substituted "section 404i(a)" for "section 404i(b)".

Subsec. (a)(2)(B). Pub. L. 108–177, §361(l)(1)(B)(ii), substituted "section 404i(c)" for "section 404i(d)".

Subsec. (b). Pub. L. 108–177, §361(l)(2), redesignated pars. (2), (3), (5), (6), (7), and (8) as (1), (2), (3), (4), (5), and (6), respectively, and struck out former pars. (1) and (4) which read as follows:

"(1) The periodic reports on intelligence provided to the United Nations required by section 404g(b) of this title.

"(4) The semiannual reports on the acquisition of technology relating to weapons of mass destruction and advanced conventional munitions required by section 2366(b) of this title."

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.

Preparation and Submittal of Reports, Reviews, Studies, and Plans Relating to Intelligence Activities of Department of Defense or Department of Energy

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.

Deadline for Submittal of Various Overdue Reports

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 1/3.

1 See References in Text note below.
50 U.S.C. § 2357b (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 40: DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION / Subchapter IV: COORDINATION OF POLICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION / Section 2357b: Establishment of Committee on Nonproliferation Assistance
Establishment of Committee on Nonproliferation Assistance
Status: in_force

(a) In general

The President shall establish a mechanism to coordinate, with the maximum possible effectiveness and efficiency, the efforts of United States Government departments and agencies engaged in formulating policy and carrying out programs for achieving nonproliferation and threat reduction.

(b) Membership

The coordination mechanism established pursuant to subsection (a) shall include—

(1) representatives designated by—

(A) the Secretary of State;

(B) the Secretary of Defense;

(C) the Secretary of Energy;

(D) the Secretary of Commerce;

(E) the Attorney General; and

(F) the Director of the Office of Homeland Security, or the head of a successor department or agency; and

(2) such other executive branch officials as the President may select.

(c) Level of representation

To the maximum extent possible, each department 1 or agency's representative designated pursuant to subsection (b)(1) shall be an official of that department or agency who has been appointed by the President with the advice and consent of the Senate.

(d) Chair

The President shall designate an official to direct the coordination mechanism established pursuant to subsection (a). The official so designated may invite the head of any other department or agency of the United States to designate a representative of that department or agency to participate from time to time in the activities of the Committee.

(Pub. L. 107–228, div. B, title XIII, §1334, Sept. 30, 2002, 116 Stat. 1449.)

Statutory Notes and Related Subsidiaries

Russian Federation Debt Reduction for Nonproliferation

Pub. L. 107–228, div. B, title XIII, subtitle B, Sept. 30, 2002, 116 Stat. 1442, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112–74, div. I, title VII, §7034(n), Dec. 23, 2011, 125 Stat. 1217, provided that:

"SEC. 1311. SHORT TITLE.

"This subtitle may be cited as the 'Russian Federation Debt for Nonproliferation Act of 2002'.

"SEC. 1312. FINDINGS AND PURPOSES.

"(a) Findings.—Congress finds the following:

"(1) It is in the vital security interests of the United States to prevent the spread of weapons of mass destruction to additional states or to terrorist organizations, and to ensure that other nations' obligations to modify their stockpiles of such arms in accordance with treaties, executive agreements, or political commitments are fulfilled.

"(2) In particular, it is in the vital national security interests of the United States to ensure that—

"(A) all stocks of nuclear weapons and weapons-usable nuclear material in the Russian Federation are secure and accounted for;

"(B) stocks of nuclear weapons and weapons-usable nuclear material that are excess to military needs in the Russian Federation are monitored and reduced;

"(C) any chemical or biological weapons, related materials, and facilities in the Russian Federation are destroyed;

"(D) the Russian Federation's nuclear weapons complex is reduced to a size appropriate to its post-Cold War missions, and its experts in weapons of mass destruction technologies are shifted to gainful and sustainable civilian employment;

"(E) the Russian Federation's export control system blocks any proliferation of weapons of mass destruction, the means of delivering such weapons, and materials, equipment, know-how, or technology that would be used to develop, produce, or deliver such weapons; and

"(F) these objectives are accomplished with sufficient monitoring and transparency to provide confidence that they have in fact been accomplished and that the funds provided to accomplish these objectives have been spent efficiently and effectively.

"(3) United States programs should be designed to accomplish these vital objectives in the Russian Federation as rapidly as possible, and the President should develop and present to Congress a plan for doing so.

"(4) Substantial progress has been made in United States-Russian Federation cooperative programs to achieve these objectives, but much more remains to be done to reduce the urgent risks to United States national security posed by the current state of the Russian Federation's weapons of mass destruction stockpiles and complexes.

"(5) The threats posed by inadequate management of weapons of mass destruction stockpiles and complexes in the Russian Federation remain urgent. Incidents in years immediately preceding 2001, which have been cited by the Russia Task Force of the Secretary of Energy Advisory Board, include—

"(A) a conspiracy at one of the Russian Federation's largest nuclear weapons facilities to steal nearly enough highly enriched uranium for a nuclear bomb;

"(B) an attempt by an employee of the Russian Federation's premier nuclear weapons facility to sell nuclear weapons designs to agents of Iraq and Afghanistan; and

"(C) the theft of radioactive material from a Russian Federation submarine base.

"(6) Addressing these threats to United States and world security will ultimately consume billions of dollars, a burden that will have to be shared by the Russian Federation, the United States, and other governments, if these threats are to be neutralized.

"(7) The creation of new funding streams could accelerate progress in reducing these threats to United States security and help the government of the Russian Federation to fulfill its responsibility for secure management of its weapons stockpiles and complexes as United States assistance phases out.

"(8) The Russian Federation has a significant foreign debt, a substantial proportion of which it inherited from the Soviet Union.

"(9) Past debt-for-environment exchanges, in which a portion of a country's foreign debt is canceled in return for certain environmental commitments or payments by that country, suggest that a debt-for-nonproliferation exchange with the Russian Federation could be designed to provide additional funding for nonproliferation and arms reduction initiatives.

"(10) Most of the Russian Federation's official bilateral debt is held by United States allies that are advanced industrial democracies. Since the issues described pose threats to United States allies as well, United States leadership that results in a larger contribution from United States allies to cooperative threat reduction activities will be needed.

"(11) At the June 2002 meeting of the G–8 countries, agreement was achieved on a G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, under which the advanced industrial democracies committed to contribute $20,000,000,000 to nonproliferation programs in the Russian Federation during a 10-year period, with each contributing country having the option to fund some or all of its contribution through reduction in the Russian Federation's official debt to that country.

"(12) The Russian Federation's Soviet-era official debt to the United States is estimated to be $480,000,000 in Lend-Lease debt and $2,250,000,000 in debt as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] (7 U.S.C. 1701 et seq.).

"(b) Purposes.—The purposes of this subtitle are—

"(1) to facilitate the accomplishment of the United States objectives described in the findings set forth in subsection (a) by providing for the use of a portion of the Russian Federation's foreign debt to fund nonproliferation programs, thus allowing the use of additional resources for these purposes; and

"(2) to help ensure that the resources made available to the Russian Federation are targeted to the accomplishment of the United States objectives described in the findings set forth in subsection (a).

"SEC. 1313. DEFINITIONS.

"In this subtitle:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Appropriations of the House of Representatives; and

"(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

"(2) Cost.—The term 'cost' has the meaning given that term in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)).

"(3) Russian federation nonproliferation investment agreement or agreement.—The term 'Russian Federation Nonproliferation Investment Agreement' or 'Agreement' means the agreement between the United States and the Russian Federation entered into under section 1315(a).

"(4) Soviet-era debt.—The term 'Soviet-era debt' means debt owed as a result of loans or credits provided by the United States (or any agency of the United States) to the Union of Soviet Socialist Republics under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.] or the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.].

"(5) State sponsor of international terrorism.—The term 'state sponsor of international terrorism' means those countries that have been determined by the Secretary of State, for the purposes of section 40 of the Arms Export Control Act [22 U.S.C. 2780], section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371], or [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j)], to have repeatedly provided support for acts of international terrorism.

"SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES.

"(a) Authority To Reduce Debt.—

"(1) In general.—Upon the entry into force of a Russian Federation Nonproliferation Investment Agreement, the President may reduce amounts of Soviet-era debt owed by the Russian Federation to the United States (or any agency or instrumentality of the United States) that are outstanding as of the last day of the fiscal year preceding the fiscal year for which appropriations are available for the reduction of debt, in accordance with this subtitle.

"(2) Limitation.—The authority provided by paragraph (1) shall be available only to the extent that appropriations for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of reducing any debt pursuant to such subsection are made in advance.

"(3) Supersedes existing law.—The authority provided by paragraph (1) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or section 321 of the International Development and Food Assistance Act of 1975 [Pub. L. 94–161, set out as a note under section 2220a of Title 22, Foreign Relations and Intercourse].

"(b) Implementation.—

"(1) Delegation of authority.—The President may delegate any authority conferred upon the President in this subtitle to the Secretary of State.

"(2) Establishment of terms and conditions.—Consistent with this subtitle, the President shall establish the terms and conditions under which loans and credits may be reduced pursuant to subsection (a).

"(3) Implementation.—In exercising the authority of subsection (a), the President—

"(A) shall notify—

"(i) the Department of State, with respect to obligations of the former Soviet Union under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.]; and

"(ii) the Commodity Credit Corporation, with respect to obligations of the former Soviet Union under the Commodity Credit Corporation Act [15 U.S.C. 713a et seq.];

"(B) shall direct the cancellation of old obligations and the substitution of new obligations consistent with the Russian Federation Nonproliferation Investment Agreement; and

"(C) shall direct the appropriate agency to make an adjustment in the relevant accounts to reflect the new debt treatment.

"(4) Deposit of repayments.—All repayments of outstanding loan amounts under subsection (a) that are not designated under a Russian Federation Nonproliferation Investment Agreement shall be deposited in the United States Government accounts established for repayments of the original obligations.

"(5) Not treated as foreign assistance.—Any reduction of Soviet-era debt pursuant to this subtitle shall not be considered assistance for the purposes of any provision of law limiting assistance to a country.

"(c) Authorization of Appropriation.—

"(1) In general.—For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of modifying any Soviet-era debt obligation pursuant to subsection (a), there are authorized to be appropriated to the President such sums as may be necessary.

"(2) Availability of funds.—Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.

"SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.

"(a) In General.—

"(1) In general.—The President is authorized to enter into an agreement with the Russian Federation under which an amount equal to the value of the debt reduced pursuant to section 1314 will be used to promote the nonproliferation of weapons of mass destruction and the means of delivering such weapons. An agreement entered into under this section may be referred to as the 'Russian Federation Nonproliferation Investment Agreement'.

"(2) Congressional notification.—The President shall notify the appropriate congressional committees at least 15 days in advance of the United States entering into a Russian Federation Nonproliferation Investment Agreement.

"(b) Content of the Agreement.—The Russian Federation Nonproliferation Investment Agreement shall ensure that—

"(1) an amount equal to the value of the debt reduced pursuant to this subtitle will be made available by the Russian Federation for agreed nonproliferation programs and projects;

"(2) each program or project funded pursuant to the Agreement will be approved by the President;

"(3) the administration and oversight of nonproliferation programs and projects will incorporate best practices from established threat reduction and nonproliferation assistance programs;

"(4) each program or project funded pursuant to the Agreement will be subject to monitoring and audits conducted by or for the United States Government to confirm that agreed funds are expended on agreed projects and meet agreed targets and benchmarks;

"(5) unobligated funds for investments pursuant to the Agreement will not be diverted to other purposes;

"(6) funds allocated to programs and projects pursuant to the Agreement will not be subject to any taxation by the Russian Federation;

"(7) all matters relating to the intellectual property rights and legal liabilities of United States firms in any project will be agreed upon before the expenditure of funds would be authorized for that project; and

"(8) not less than 75 percent of the funds made available for each nonproliferation program or project under the Agreement will be spent in the Russian Federation.

"(c) Use of Existing Mechanisms.—It is the sense of Congress that, to the extent practicable, the boards and administrative mechanisms of existing threat reduction and nonproliferation programs should be used in the administration and oversight of programs and projects under the Agreement.

"(d) Joint Auditing.—It is the sense of Congress that the United States and the Russian Federation should consider commissioning the United States Government Accountability Office and the Russian Chamber of Accounts to conduct joint audits to ensure that the funds saved by the Russian Federation as a result of any debt reduction are used exclusively, efficiently, and effectively to implement agreed programs or projects pursuant to the Agreement.

"(e) Structure of the Agreement.—It is the sense of Congress that the Agreement should provide for significant penalties—

"(1) if funds obligated for approved programs or projects are determined to have been misappropriated; and

"(2) if the President is unable to make the certification required by section 1317(a) for two consecutive years.

"SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.

"Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of the amount equal to the value of the debt reduced pursuant to this subtitle may be used to promote a vibrant, independent media sector and the rule of law in the Russian Federation through an endowment to support the establishment of a 'Center for an Independent Press and the Rule of Law' in the Russian Federation, which shall be directed by a joint United States-Russian Board of Directors in which the majority of members, including the chairman, shall be United States personnel, and which shall be responsible for management of the endowment, its funds, and the Center's programs.

"SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY.

"(a) Proliferation to State Sponsors of Terrorism.—Subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until the President certifies to the appropriate congressional committees that the Russian Federation has made material progress in stemming the flow of sensitive goods, technologies, material, and know-how related to the design, development, and production of weapons of mass destruction and the means to deliver them to state sponsors of international terrorism.

"(b) Annual Determination.—If, in any annual report to Congress submitted pursuant to [former] section 1321, the President cannot certify that the Russian Federation continues to meet the condition required in subsection (a), then, subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until such certification is made to the appropriate congressional committees.

"(c) Presidential Waiver.—The President may waive the requirements of subsection (a) or (b) for a fiscal year if the President—

"(1) determines that application of the subsection for a fiscal year would be counter to the national interest of the United States; and

"(2) so reports to the appropriate congressional committees.

"SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION WITH OTHER CREDITOR STATES.

"It is the sense of Congress that the President and such other appropriate officials as the President may designate should pursue discussions with other creditor states with the objectives of—

"(1) ensuring that other advanced industrial democracies, especially the largest holders of Soviet-era Russian debt, dedicate significant proportions of their bilateral official debt with the Russian Federation or equivalent amounts of direct assistance to the G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, as agreed upon in the Statement by G–8 Leaders on June 27, 2002; and

"(2) reaching agreement, as appropriate, to establish a unified Russian Federation official debt reduction fund to manage and provide financial transparency for the resources provided by creditor states through debt reductions.

"SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.

"It is the sense of Congress that implementation of debt-for-nonproliferation programs with the Russian Federation should be overseen by the coordinating mechanism established pursuant to section 1334 of this Act [50 U.S.C. 2357b].

"SEC. 1320. CONSULTATIONS WITH CONGRESS.

"The President shall consult with the appropriate congressional committees on a periodic basis to review the implementation of this subtitle and the Russian Federation's eligibility for debt reduction pursuant to this subtitle.

"[SEC. 1321. Repealed. Pub. L. 112–74, div. I, title VII, §7034(n), Dec. 23, 2011, 125 Stat. 1217.]"

1 So in original. Probably should be "department's".
50 U.S.C. § 4561 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 55: DEFENSE PRODUCTION / Subchapter III: GENERAL PROVISIONS / Section 4561: Authorization of appropriations; availability of funds
Authorization of appropriations; availability of funds
Status: in_force

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.

(Sept. 8, 1950, ch. 932, title VII, §711, 64 Stat. 820; Pub. L. 93–426, §3, Sept. 30, 1974, 88 Stat. 1167; Pub. L. 96–294, title I, §105(a), June 30, 1980, 94 Stat. 632; Pub. L. 98–265, §5, Apr. 17, 1984, 98 Stat. 151; Pub. L. 99–441, §3, Oct. 3, 1986, 100 Stat. 1117; Pub. L. 101–137, §9(b), Nov. 3, 1989, 103 Stat. 826; Pub. L. 102–99, §3, Aug. 17, 1991, 105 Stat. 487; Pub. L. 102–558, title I, §§144, 152, 161, Oct. 28, 1992, 106 Stat. 4218, 4219; Pub. L. 104–64, §3, Dec. 18, 1995, 109 Stat. 689; Pub. L. 105–261, div. A, title X, §1072(b), Oct. 17, 1998, 112 Stat. 2137; Pub. L. 106–65, div. A, title X, §1063(b), Oct. 5, 1999, 113 Stat. 769; Pub. L. 106–363, §2, Oct. 27, 2000, 114 Stat. 1407; Pub. L. 107–47, §3, Oct. 5, 2001, 115 Stat. 260; Pub. L. 108–195, §2(b), Dec. 19, 2003, 117 Stat. 2892; Pub. L. 110–367, §3, Oct. 8, 2008, 122 Stat. 4026; Pub. L. 111–67, §2(b), Sept. 30, 2009, 123 Stat. 2007; Pub. L. 113–172, §5, Sept. 26, 2014, 128 Stat. 1898; Pub. L. 116–92, div. A, title XVII, §1705(a), Dec. 20, 2019, 133 Stat. 1797.)

Termination of Section

For termination of section, see section 4564(a) of this title.

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables.

Codification

Section was formerly classified to section 2161 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

2019—Pub. L. 116–92 inserted at end "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."

2014—Pub. L. 113–172 substituted "is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter" for "are hereby authorized to be appropriated such sums as may be necessary and appropriate" and struck out at end "Funds made available pursuant to this paragraph for the purposes of this chapter may be allocated or transferred for any of the purposes of this chapter, with the approval of the Office of Management and Budget, to any agency designated to assist in carrying out this chapter. Funds so allocated or transferred shall remain available for such period as may be specified in the Acts making such funds available."

2009—Pub. L. 111–67 struck out subsec. (a) designation and heading, struck out provisions relating to exception provided in subsec. (b) and parenthetical provision including sections 4532 and 4533 of this title within provisions and purposes of chapter and excluding sections 305 and 306 of act Sept. 8, 1950, ch. 932, from such provisions and purposes, and struck out subsec. (b) which related to subchapter II appropriations for fiscal years 1996 through 2009.

2008—Subsec. (b). Pub. L. 110–367 substituted "2009" for "2008".

2003—Subsec. (b). Pub. L. 108–195 substituted "2008" for "2003".

2001—Subsec. (b). Pub. L. 107–47 substituted "2003" for "2001".

2000—Subsec. (b). Pub. L. 106–363 substituted "2001" for "2000".

1999—Subsec. (b). Pub. L. 106–65 substituted "fiscal years 1996 through 2000" for "the fiscal years 1996, 1997, 1998, and 1999".

1998—Subsec. (b). Pub. L. 105–261 substituted "1998, and 1999" for "and 1998".

1995—Subsec. (a). Pub. L. 104–64, §3(1), struck out paragraph designation "(1)" and former par. (1) heading "In general" and in text substituted "Except as provided in subsection (b)," for "Except as provided in subsection (c),".

Subsecs. (b) to (d). Pub. L. 104–64, §3(2), added subsec. (b) and struck out former subsec. (b) which authorized appropriations to carry out provisions of section 305(k)(2) of act Sept. 8, 1950, ch. 932, former subsec. (c) which authorized appropriations for fiscal year 1991 to carry out provisions of sections 4531 to 4533 of this title, and former subsec. (d) which authorized appropriations for fiscal years 1993, 1994, and 1995 to carry out subchapter II of this chapter.

1992—Subsec. (a). Pub. L. 102–558, §152(2)(A), inserted heading.

Subsec. (a)(1). Pub. L. 102–558, §152(2)(A), (B), inserted par. heading, substituted "Except as provided in subsection (c)," for "Except as provided in paragraph (2) and paragraph (4)", and struck out "and for payment of interest under subsection (b) of this section" after "sections 4532 and 4533 of this title".

Pub. L. 102–558, §144, substituted "Office of Management and Budget" for "Bureau of the Budget".

Subsec. (a)(2). Pub. L. 102–558, §152(2)(C), struck out par. (2) which related to authorization of appropriations not to exceed $3,000,000,000 to carry out the provisions of section 305 of act Sept. 8, 1950, ch. 932, until the date on which the authority of the President under such section would cease to be effective.

Subsec. (a)(3). Pub. L. 102–558, §152(2)(D), redesignated par. (3) as subsec. (b). See below.

Subsec. (a)(4). Pub. L. 102–558, §152(2)(E), redesignated subpar. (A) as subsec. (c) (see below) and struck out subpar. (B) which read as follows: "The aggregate amount of loans, guarantees, purchase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal years 1987, 1988, and 1989 may not exceed $150,000,000."

Subsec. (b). Pub. L. 102–558, §152(1), (2)(D), redesignated par. (3) of subsec. (a) as subsec. (b), inserted heading, struck out "There are" before "hereby", and struck out former subsec. (b) which read as follows: "Interest shall accrue on (1) the cumulative amount of disbursements to carry out the purposes of sections 4532 and 4533 of this title (except for storage maintenance, and other operating and administrative expenses), plus any unpaid accrued interest, less the cumulative amount of any funds received on transactions entered into pursuant to sections 4532 and 4533 of this title and any net losses incurred by an agency in carrying out its functions under sections 4532 and 4533 of this title when the head of the agency determines that such net losses have occurred; and (2) the current market value of the inventory of materials procured under section 4533 of this title as of the first day of each fiscal year commencing with the fiscal year beginning July 1, 1975. At the close of each fiscal year there shall be deposited into the Treasury as miscellaneous receipts, from any amounts appropriated under this section, an amount which the Secretary of the Treasury determines necessary to provide for the payment of any interest accrued and unpaid under this subsection. The rate of interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with one year remaining to maturity."

Subsec. (c). Pub. L. 102–558, §152(2)(E), redesignated subpar. (A) of par. (4) of subsec. (a) as subsec. (c) and inserted heading.

Subsec. (d). Pub. L. 102–558, §161, added subsec. (d).

1991—Subsec. (a)(4). Pub. L. 102–99 amended par. (4) generally. Prior to amendment, par. (4) read as follows:

"(4)(A) There are authorized to be appropriated for fiscal year 1990, not to exceed $50,000,000 to carry out the provisions of section 4533 of this title.

"(B) The aggregate amount of loans, guarantees, purchase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal year 1990 may not exceed $50,000,000."

1989—Subsec. (a)(4). Pub. L. 101–137 amended par. (4) generally. Prior to amendment, par. (4) read as follows:

"(A) There are authorized to be appropriated for fiscal years 1987, 1988, and 1989 not to exceed $150,000,000 to carry out the provisions of section 4533 of this title, except that not more than $30,000,000 is authorized to be appropriated for fiscal year 1987.

"(B) The aggregate amount of loans, guarantees, purchase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal years 1987, 1988, and 1989 may not exceed $150,000,000."

1986—Subsec. (a)(4). Pub. L. 99–441 amended par. (4) generally. Prior to amendment, par. (4) read as follows:

"(A) There are authorized to be appropriated to carry out the provisions of section 4533 of this title not to exceed $100,000,000 for fiscal years 1985 and 1986, except that not more than $25,000,000 is authorized to be appropriated for fiscal year 1985.

"(B) The aggregate amount of loans, guarantees, purchase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal years 1985 and 1986 may not exceed $100,000,000."

1984—Subsec. (a)(1), (4). Pub. L. 98–265 inserted "and paragraph (4)" after "paragraph (2)" in par. (1) and added par. (4).

1980—Subsec. (a). Pub. L. 96–294, §105(a), designated existing provisions as par. (1), inserted exclusions of sections 305 and 306 of act Sept. 8, 1950, ch. 932, reference to funds made available pursuant to this paragraph, and exception for par. (2), and added pars. (2) and (3).

1974—Pub. L. 93–426 designated existing provisions as subsec. (a), inserted reference to sections 4532 and 4533 of this title, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

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.

Effective Date of 1991 Amendment

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.

Effective Date of 1980 Amendment

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.

Executive Documents

Delegation of Functions

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.
50 U.S.C. § 788 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 23: INTERNAL SECURITY / Subchapter I: CONTROL OF SUBVERSIVE ACTIVITIES / Section 788: Repealed. Pub. L. 103-199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329
Repealed. Pub. L. 103-199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329
Status: repealed

Section 788, acts Sept. 23, 1950, ch. 1024, title I, §9, 64 Stat. 995; Jan. 2, 1968, Pub. L. 90–237, §6, 81 Stat. 766, related to records of final orders of Subversive Activities Control Board and to public inspection of those records.

Section 789, acts Sept. 23, 1950, ch. 1024, title I, §10, 64 Stat. 996; Aug. 24, 1954, ch. 886, §8(a), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, §7, 81 Stat. 766, related to use of mails and instrumentalities of interstate or foreign commerce by Communist organizations.

Section 790, acts Sept. 23, 1950, ch. 1024, title I, §11, 64 Stat. 996; Aug. 24, 1954, ch. 886, §8(b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, §8, 81 Stat. 767; Oct. 22, 1986, Pub. L. 99–514, §2, 100 Stat. 2095, related to denial of tax deductions and exemptions for contributions to Communist organizations.

Section 791, acts Sept. 23, 1950, ch. 1024, title I, §12, 64 Stat. 977; July 12, 1952, ch. 697, 66 Stat. 590; Aug. 24, 1954, ch. 886, §9(a), 68 Stat. 778; Aug. 5, 1955, ch. 580, §1, 69 Stat. 539; Jan. 2, 1968, Pub. L. 90–237, §9, 81 Stat. 767, established the Subversive Activities Control Board and provided for its Chairman, membership, filling of vacancies, duties, appointment and compensation of personnel, reports to Congress and President, appropriations, and termination of the Board on June 30, 1969, unless in the period beginning Jan. 2, 1968 and ending Dec. 31, 1968, a proceeding was instituted.

Section 792, acts Sept. 23, 1950, ch. 1024, title I, §13, 64 Stat. 998; Aug. 24, 1954, ch. 886, §9(b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, §10, 81 Stat. 768; Oct. 15, 1970, Pub. L. 91–452, title II, §247, 84 Stat. 931, related to Board proceedings with respect to Communist action and Communist front organizations and provided for petition by Attorney General to Board for determination of Communist action or Communist front organizations, petition for review, not more than once every calendar year, for redetermination by Board, public hearings, criteria to be considered in making determinations, written report of findings to be served on Attorney General, and publication of final orders in the Federal Register.

Section 792a, acts Sept. 23, 1950, ch. 1024, title I, §13A, as added Aug. 24, 1954, ch. 886, §10, 68 Stat. 778; amended July 26, 1955, ch. 381, 69 Stat. 375; Jan. 2, 1968, Pub. L. 90–237, §11, 81 Stat. 771; Nov. 8, 1984, Pub. L. 98–620, title IV, §402(53), 98 Stat. 3361, related to labor organizations determined by Board to be Communist.

Section 793, acts Sept. 23, 1950, ch. 1024, title I, §14, 64 Stat. 1001; Aug. 24, 1954, ch. 886, §11, 68 Stat. 780; Aug. 28, 1958, Pub. L. 85–791, §29, 72 Stat. 950; Jan. 2, 1968, Pub. L. 90–237, §12, 81 Stat. 771, provided for judicial review of orders of Board to United States Court of Appeals for the District of Columbia if petition was filed within sixty days from date of service of such order and specified time of finality of the Board's orders.

Section 794, acts Sept. 23, 1950, ch. 1024, title I, §15, 64 Stat. 1002; Jan. 2, 1968, Pub. L. 90–237, §13, 81 Stat. 771, provided for penalties for violation of former sections 784 and 789 of this title.

Section 795, act Sept. 23, 1950, ch. 1024, title I, §16, 64 Stat. 1003, related to applicability of administrative procedure provisions to Board.
50 U.S.C. § 1885 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 36: FOREIGN INTELLIGENCE SURVEILLANCE / Subchapter VII: PROTECTION OF PERSONS ASSISTING THE GOVERNMENT / Section 1885: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Assistance

The term "assistance" means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.

(2) Civil action

The term "civil action" includes a covered civil action.

(3) Congressional intelligence committees

The term "congressional intelligence committees" means—

(A) the Select Committee on Intelligence of the Senate; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives.

(4) Contents

The term "contents" has the meaning given that term in section 1801(n) of this title.

(5) Covered civil action

The term "covered civil action" means a civil action filed in a Federal or State court that—

(A) alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and

(B) seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.

(6) Electronic communication service provider

The term "electronic communication service provider" means—

(A) a telecommunications carrier, as that term is defined in section 153 of title 47;

(B) a provider of electronic communication service, as that term is defined in section 2510 of title 18;

(C) a provider of a remote computing service, as that term is defined in section 2711 of title 18;

(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;

(E) any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as—

(i) a public accommodation facility, as that term is defined in section 1861(4) of this title;

(ii) a dwelling, as that term is defined in section 3602 of title 42;

(iii) a community facility, as that term is defined in section 1592n of title 42; or

(iv) a food service establishment, as that term is defined in section 1638 of title 7;

(F) a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D);

(G) an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F).

(7) Intelligence community

The term "intelligence community" has the meaning given the term in section 3003(4) of this title.

(8) Person

The term "person" means—

(A) an electronic communication service provider; or

(B) a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to—

(i) an order of the court established under section 1803(a) of this title directing such assistance;

(ii) a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18; or

(iii) a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title.

(9) State

The term "State" means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.

(Pub. L. 95–511, title VIII, §801, as added Pub. L. 110–261, title II, §201, July 10, 2008, 122 Stat. 2467; amended Pub. L. 115–118, title I, §101(b)(2)(A), title II, §205(a)(7), Jan. 19, 2018, 132 Stat. 8, 21; Pub. L. 118–49, §25(b), Apr. 20, 2024, 138 Stat. 893.)

Editorial Notes

References in Text

Section 1805b of this title, referred to in par. (8)(B)(iii), was repealed by Pub. L. 110–261, title IV, §403(a)(1)(A), July 10, 2008, 122 Stat. 2473.

Amendments

2024—Par. (6)(E). Pub. L. 118–49, §25(b)(3), added subpar. (E). Former subpar. (E) redesignated (F).

Par. (6)(F). Pub. L. 118–49, §25(b)(1), (2), redesignated subpar. (E) as (F) and struck out "or" at end. Former subpar. (F) redesignated (G).

Par. (6)(G). Pub. L. 118–49, §25(b)(1), (4), redesignated subpar. (F) as (G), inserted "custodian," after "employee,", and substituted "(D), (E), or (F)" for "(D), or (E)".

2018—Par. (7). Pub. L. 115–118, §205(a)(7), made technical amendment to reference in original act which appears in text as reference to section 3003(4) of this title.

Par. (8)(B)(iii). Pub. L. 115–118, §101(b)(2)(A), which directed substitution of "section 1881a(i) of this title" for "section 1881a(h) of this title", was executed by substituting "1881a(i) of this title" for "1881a(h) of this title" to reflect the probable intent of Congress.
50 U.S.C. § 854 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 23: INTERNAL SECURITY / Subchapter V: REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS / Section 854: Rules, regulations, and forms
Rules, regulations, and forms
Status: in_force

The Attorney General may at any time, make, prescribe, amend, and rescind such rules, regulations and forms as he deems necessary to carry out the provisions of this subchapter.

(Aug. 1, 1956, ch. 849, §5, 70 Stat. 900.)

Editorial Notes

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.
50 U.S.C. § 158 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 9: AIRCRAFT / Section 158: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 158, act Aug. 1, 1947, ch. 433, §1(b), (c), as added July 13, 1949, ch. 332, §1, 63 Stat. 410, related to professional and scientific service on the Committee and was transferred to section 1161 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Section 158a, act Aug. 1, 1947, ch. 433, §2, 61 Stat. 715, related to classification of positions and appointments and was transferred to section 1162 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(b) of Title 5, Government Organization and Employees.

Section 159, acts Aug. 1, 1947, ch. 433, §3, 61 Stat. 715; July 13, 1949, ch. 332, §2, 63 Stat. 411, related to reports to Congress and confidential information and was transferred to section 1163 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(c) of Title 5, Government Organization and Employees.
50 U.S.C. § 1871 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 36: FOREIGN INTELLIGENCE SURVEILLANCE / Subchapter V: OVERSIGHT / Section 1871: Semiannual report of the Attorney General
Semiannual report of the Attorney General
Status: in_force

(a) Report

On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner consistent with the protection of the national security, a report setting forth with respect to the preceding 6-month period—

(1) the aggregate number of persons targeted for orders issued under this chapter, including a breakdown of those targeted for—

(A) electronic surveillance under section 1805 of this title;

(B) physical searches under section 1824 of this title;

(C) pen registers under section 1842 of this title;

(D) access to records under section 1861 1 of this title;

(E) acquisitions under section 1881b of this title; and

(F) acquisitions under section 1881c of this title;

(2) the number of individuals covered by an order issued pursuant to section 1801(b)(1)(C) 1 of this title;

(3) the number of times that the Attorney General has authorized that information obtained under this chapter may be used in a criminal proceeding or any information derived therefrom may be used in a criminal proceeding;

(4) a summary of significant legal interpretations of this chapter involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, including interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review by the Department of Justice; and

(5) copies of all decisions, orders, or opinions of the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of the provisions of this chapter.

(b) Frequency

The first report under this section shall be submitted not later than 6 months after December 17, 2004. Subsequent reports under this section shall be submitted semi-annually thereafter.

(c) Submissions to Congress

The Attorney General shall submit to the committees of Congress referred to in subsection (a)—

(1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this chapter, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this chapter or a novel application of any provision of this chapter, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion;

(2) a copy of each such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, that was issued during the 5-year period ending on July 10, 2008, and not previously submitted in a report under subsection (a);

(3) for any hearing, oral argument, or other proceeding before the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review for which a court reporter produces a transcript, not later than 45 days after the government receives the final transcript or the date on which the matter of the hearing, oral argument, or other proceeding is resolved, whichever is later, a notice of the existence of such transcript. Not later than three business days after a committee referred to in subsection (a) requests to review an existing transcript, the Attorney General shall facilitate such request; and

(4) a copy of each declassified document that has undergone review under section 1872 of this title.

(d) Protection of national security

The Attorney General, in consultation with the Director of National Intelligence, may authorize redactions of materials described in subsection (c) that are provided to the committees of Congress referred to in subsection (a), if such redactions are necessary to protect the national security of the United States and are limited to sensitive sources and methods information or the identities of targets.

(e) Definitions

In this section:

(1) Foreign Intelligence Surveillance Court

The term "Foreign Intelligence Surveillance Court" means the court established under section 1803(a) of this title.

(2) Foreign Intelligence Surveillance Court of Review

The term "Foreign Intelligence Surveillance Court of Review" means the court established under section 1803(b) of this title.

(Pub. L. 95–511, title VI, §601, as added Pub. L. 108–458, title VI, §6002(a)(2), Dec. 17, 2004, 118 Stat. 3743; amended Pub. L. 110–261, title I, §§101(c)(2), 103, title IV, §403(b)(2)(B), July 10, 2008, 122 Stat. 2459, 2460, 2474; Pub. L. 114–23, title VI, §604, June 2, 2015, 129 Stat. 297; Pub. L. 118–49, §8(b), Apr. 20, 2024, 138 Stat. 874.)

Amendment of Subsection (a)(1)

Pub. L. 110–261, title IV, §403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(2), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118–49, which was approved Apr. 20, 2024, subsection (a)(1) of this section is amended to read as it read on the day before July 10, 2008.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c)(1), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, known as the Foreign Intelligence Surveillance Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 1861 of this title, referred to in subsec. (a)(1)(D), means section 1861 of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.

Section 1801(b)(1)(C) of this title, referred to in subsec. (a)(2), was temporarily added by Pub. L. 108–458, title VI, §6001(a), Dec. 17, 2004, 118 Stat. 3742, and provided that, as used in subchapter I of this chapter, the term "agent of a foreign power" included any person other than a United States person who "engages in international terrorism or activities in preparation therefore". Such amendment ceased to have effect on Mar. 15, 2020; see section 6001(b) of Pub. L. 108–458, set out as a Termination Date of 2004 Amendment note under section 1801 of this title.

Prior Provisions

A prior section 601 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2024—Subsec. (c)(3), (4). Pub. L. 118–49 added pars. (3) and (4).

2015—Subsec. (c)(1). Pub. L. 114–23 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of any provision of this chapter, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued; and".

2008—Subsec. (a)(1)(E), (F). Pub. L. 110–261, §101(c)(2), added subpars. (E) and (F).

Subsec. (a)(5). Pub. L. 110–261, §103(a), substituted ", orders," for "(not including orders)".

Subsecs. (c), (d). Pub. L. 110–261, §103(b), added subsecs. (c) and (d).

Subsec. (e). Pub. L. 110–261, §103(c), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–261, title IV, §403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(2), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the amendments made by section 403(b)(2) are effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118–49, which was approved Apr. 20, 2024.

1 See References in Text note below.
50 U.S.C. § 2787 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter VIII: ADMINISTRATIVE MATTERS / Section 2787: Cost-benefit analyses for competition of management and operating contracts
Cost-benefit analyses for competition of management and operating contracts
Status: in_force

(a) Briefings on requests for proposals

Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.

(b) Reports after transition to new contracts

If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.

(c) Matters described

The matters described in this subsection, with respect to a contract, are the following:

(1) A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.

(2) A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.

(3) The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.

(4) A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract.

(5) A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition.

(6) How the competition for the contract complied with the Federal Acquisition Regulation regarding federally funded research and development centers, if applicable.

(7) The factors considered and processes used by the Administrator to determine—

(A) whether to compete or extend the previous contract; and

(B) which activities at the facility should be covered under the contract rather than under a different contract.

(8) With respect to the matters included under paragraphs (1) through (7), a detailed description of the analyses conducted by the Administrator to reach the conclusions presented in the report, including any assumptions, limitations, and uncertainties relating to such conclusions.

(9) Any other matters the Administrator considers appropriate.

(d) Information quality

Each briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with—

(1) the information quality guidelines of the Department of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and

(2) best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.

(e) Review of reports by Comptroller General of the United States

(1) Determination

The Comptroller General of the United States shall determine, in consultation with the congressional defense committees, whether to conduct an initial review, a comprehensive review, or both, of a report required by subsection (b).

(2) Initial review

The Comptroller General shall provide any initial review of a report required by subsection (b) as a briefing to the congressional defense committees not later than 180 days after that report is submitted to the congressional defense committees.

(3) Comprehensive review

(A) Submission

The Comptroller General shall submit any comprehensive review of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to the congressional defense committees.

(B) Elements

A comprehensive review of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:

(i) The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.

(ii) Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4).

(iii) Whether expected benefits of the competition with respect to mission performance or operations have been achieved.

(iv) Such other matters as the Comptroller General considers appropriate.

(f) Applicability

(1) In general

The requirements for briefings under subsection (a) and reports under subsection (b) shall apply with respect to requests for proposals issued or contracts awarded, as applicable, by the Administrator during fiscal years 2019 through 2032.

(2) Naval reactors

The requirements for briefings under subsection (a) and reports under subsection (b) shall not apply with respect to a management and operations contract for a Naval Reactor facility.

(Pub. L. 107–314, div. D, title XLVIII, §4807, as added Pub. L. 115–232, div. C, title XXXI, §3131(a), Aug. 13, 2018, 132 Stat. 2298; amended Pub. L. 118–31, div. C, title XXXI, §3119, Dec. 22, 2023, 137 Stat. 791; Pub. L. 118–159, div. C, title XXXI, §3122, Dec. 23, 2024, 138 Stat. 2300.)

Editorial Notes

Amendments

2024—Subsec. (e). Pub. L. 118–159 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to review of reports by Comptroller General of the United States.

2023—Subsec. (f)(1). Pub. L. 118–31 substituted "2032" for "2022".
50 U.S.C. § 2654 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter V: SAFEGUARDS AND SECURITY MATTERS / Section 2654: Department of Energy counterintelligence polygraph program
Department of Energy counterintelligence polygraph program
Status: in_force

(a) New counterintelligence polygraph program required

The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the new program is to minimize the potential for release or disclosure of classified data, materials, or information.

(b) Authorities and limitations

(1) The Secretary shall prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act).

(2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review.

(3) Not later than six months after obtaining the results of the Polygraph Review, the Secretary shall issue a notice of proposed rulemaking for the new program.

(4) In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—

(A) a national of the United States (as such term is defined in section 1101 of title 8) and also a national of a foreign state; and

(B) an employee or contractor who requires access to classified information.

(c) Omitted

(d) Polygraph Review defined

In this section, the term "Polygraph Review" means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences.

(Pub. L. 107–314, div. D, title XLV, §4504, formerly Pub. L. 107–107, div. C, title XXXI, §3152, Dec. 28, 2001, 115 Stat. 1376; renumbered Pub. L. 107–314, div. D, title XLV, §4504, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772; Pub. L. 113–66, div. C, title XXXI, §3146(f)(2), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 115–232, div. C, title XXXI, §3112, Aug. 13, 2018, 132 Stat. 2290.)

Editorial Notes

Codification

Section is comprised of section 4504 of Pub. L. 107–314. Subsec. (c) of section 4504 of Pub. L. 107–314 repealed section 2655 of this title.

Section was formerly classified to section 7383h–1 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2018—Subsec. (b)(4). Pub. L. 115–232 added par. (4).

2013—Subsecs. (d), (e). Pub. L. 113–66 redesignated subsec. (e) as (d) and struck out former subsec. (d) which required submission of a report on further enhancement of personnel security program.

2003—Subsec. (c). Pub. L. 108–136, §3141(h)(5)(A)(iv), made technical amendment. See Codification note above.
50 U.S.C. § 3349 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 45: MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES / Subchapter III: SECURITY CLEARANCES AND CLASSIFIED INFORMATION / Section 3349: Notification regarding the authorized public disclosure of national intelligence
Notification regarding the authorized public disclosure of national intelligence
Status: in_force

(a) Notification

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—

(1) at the time of the disclosure—

(A) such intelligence is classified; or

(B) is declassified for the purpose of the disclosure; and

(2) the disclosure will be made by an officer, employee, or contractor of the Executive branch.

(b) Persons or entities described

The persons or entities described in this subsection are as follows:

(1) Media personnel.

(2) 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.

(c) Content

Each notification required under subsection (a) shall—

(1) provide the specific title and authority of the individual authorizing the disclosure;

(2) if applicable, provide the specific title and authority of the individual who authorized the declassification of the intelligence disclosed; and

(3) describe the intelligence disclosed, including the classification of the intelligence prior to its disclosure or declassification and the rationale for making the disclosure.

(d) Exception

The notification requirement in this section does not apply to a disclosure made—

(1) pursuant to any statutory requirement, including to section 552 of title 5 (commonly referred to as the "Freedom of Information Act");

(2) in connection with a civil, criminal, or administrative proceeding;

(3) 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

(4) 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, title V, §504, Jan. 14, 2013, 126 Stat. 2477; Pub. L. 113–126, title III, §328, July 7, 2014, 128 Stat. 1405.)

Editorial Notes

Amendments

2014—Subsec. (e). Pub. L. 113–126 struck out subsec. (e). Text read as follows: "The notification requirements of this section shall cease to be effective for any disclosure described in subsection (a) that occurs on or after the date that is one year after January 14, 2013."

Statutory Notes and Related Subsidiaries

Definitions

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)]."
50 U.S.C. § 2012 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 38: CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY / Subchapter II: CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM / Section 2012: Central Intelligence Agency Retirement and Disability Fund
Central Intelligence Agency Retirement and Disability Fund
Status: in_force

The Director shall maintain the fund in the Treasury known as the "Central Intelligence Agency Retirement and Disability Fund" (hereinafter in this chapter referred to as the "fund"), originally created pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.

(Pub. L. 88–643, title II, §202, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3201.)

Editorial Notes

References in Text

The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in text, is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, which was formerly set out as a note under section 403 of this title. Pub. L. 88–643 was revised generally by Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Retirement Act. As so revised, title II of Pub. L. 88–643 is classified generally to this subchapter.

Prior Provisions

A prior section 202 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1043, related to establishment and maintenance of the Central Intelligence Agency Retirement and Disability Fund and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 4811 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 58: EXPORT CONTROL REFORM / Subchapter I: AUTHORITY AND ADMINISTRATION OF CONTROLS / Section 4811: Statement of policy
Statement of policy
Status: in_force

The following is the policy of the United States:

(1) To use export controls only after full consideration of the impact on the economy of the United States and only to the extent necessary—

(A) 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

(B) 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.

(2) 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:

(A) To control the release of items for use in—

(i) the proliferation of weapons of mass destruction or of conventional weapons;

(ii) the acquisition of destabilizing numbers or types of conventional weapons;

(iii) acts of terrorism;

(iv) military programs that could pose a threat to the security of the United States or its allies; or

(v) activities undertaken specifically to cause significant interference with or disruption of critical infrastructure.

(B) To preserve the qualitative military superiority of the United States.

(C) To strengthen the United States defense industrial base.

(D) To carry out the foreign policy of the United States, including the protection of human rights and the promotion of democracy.

(E) To carry out obligations and commitments under international agreements and arrangements, including multilateral export control regimes.

(F) To facilitate military interoperability between the United States and its North Atlantic Treaty Organization (NATO) and other close allies.

(G) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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. 115–232, div. A, title XVII, §1752, Aug. 13, 2018, 132 Stat. 2210.)

Editorial Notes

References in Text

This subchapter, referred to in pars. (3) and (11), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.

Statutory Notes and Related Subsidiaries

No Technology for Terror

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.]
50 U.S.C. § 2412 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 41: NATIONAL NUCLEAR SECURITY ADMINISTRATION / Subchapter I: ESTABLISHMENT AND ORGANIZATION / Section 2412: Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group
Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group
Status: in_force

(a) Establishment

There is in the Administration a working group, to be known as the "Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group" (referred to in this section as the "working group").

(b) Membership

Members of the working group shall include—

(1) the Deputy Administrator for Defense Programs;

(2) the Associate Administrator for Information Management and Chief Information Officer; and

(3) such other personnel of the Administration as are determined appropriate for inclusion in the working group by the Chairperson.

(c) Chairperson

The Deputy Administrator for Defense Programs shall serve as the Chairperson of the working group, except that the Administrator may designate another member of the working group to serve as Chairperson in lieu of the Deputy Administrator if the Administrator determines it is appropriate to do so.

(d) Comprehensive strategy

The working group shall prepare a comprehensive strategy for inventorying the range of systems of the Administration that are potentially at risk in the operational technology and nuclear weapons information technology environments, assessing the systems at risk based on mission impact, and implementing risk mitigation actions. Such strategy shall incorporate key elements of effective cybersecurity risk management strategies, as identified by the Government Accountability Office, including the specification of—

(1) goals, objectives, activities, and performance measures;

(2) organizational roles, responsibilities, and coordination;

(3) resources needed to implement the strategy through 2034; and

(4) detailed milestones and schedules for completion of tasks.

(e) Submission to Congress

(1) Interim briefing

Not later than 120 days after December 22, 2023, the working group shall provide to the congressional defense committees a briefing on the plan of the working group to develop the strategy required under subsection (d).

(2) Completed strategy

Not later than April 1, 2025, the working group shall submit the congressional defense committees a copy of the completed strategy.

(f) Termination

The working group shall terminate on a date determined by the Administrator that is not earlier than the date that is five years after December 22, 2023.

(Pub. L. 106–65, div. C, title XXXII, §3222, as added Pub. L. 118–31, div. C, title XXXI, §3113, Dec. 22, 2023, 137 Stat. 789.)
50 U.S.C. § 2733 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter VI: PERSONNEL MATTERS / Section 2733: Program to monitor Department of Energy workers exposed to hazardous and radioactive substances
Program to monitor Department of Energy workers exposed to hazardous and radioactive substances
Status: in_force

(a) In general

The Secretary of Energy shall establish and carry out a program for the identification and on-going medical evaluation of current and former Department of Energy employees who are subject to significant health risks as a result of the exposure of such employees to hazardous or radioactive substances during such employment.

(b) Implementation of program

(1) The Secretary shall, with the concurrence of the Secretary of Health and Human Services, issue regulations under which the Secretary shall implement the program. Such regulations shall, to the extent practicable, provide for a process to—

(A) identify the hazardous substances and radioactive substances to which current and former Department of Energy employees may have been exposed as a result of such employment;

(B) identify employees referred to in subparagraph (A) who received a level of exposure identified under paragraph (2)(B);

(C) determine the appropriate number, scope, and frequency of medical evaluations and laboratory tests to be provided to employees who have received a level of exposure identified under paragraph (2)(B) to permit the Secretary to evaluate fully the extent, nature, and medical consequences of such exposure;

(D) make available the evaluations and tests referred to in subparagraph (C) to the employees referred to in such subparagraph;

(E) ensure that privacy is maintained with respect to medical information that personally identifies any such employee; and

(F) ensure that employee participation in the program is voluntary.

(2)(A) In determining the most appropriate means of carrying out the activities referred to in subparagraphs (A) through (D) of paragraph (1), the Secretary shall consult with the Secretary of Health and Human Services under the agreement referred to in subsection (c).

(B) The Secretary of Health and Human Services, with the assistance of the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, and the Secretary of Labor shall identify the levels of exposure to the substances referred to in subparagraph (A) of paragraph (1) that present employees referred to in such subparagraph with significant health risks under Federal and State occupational, health, and safety standards.

(3) In prescribing the guidelines referred to in paragraph (1), the Secretary shall consult with representatives of the following entities:

(A) The American College of Occupational and Environmental Medicine.

(B) The National Academy of Sciences.

(C) The National Council on Radiation Protection and Measurements.

(D) Any labor organization or other collective bargaining agent authorized to act on the behalf of employees of a Department of Energy defense nuclear facility.

(4) The Secretary shall provide for each employee identified under paragraph (1)(B) and provided with any medical examination or test under paragraph (1) to be notified by the appropriate medical personnel of the identification and the results of any such examination or test. Each notification under this paragraph shall be provided in a form that is readily understandable by the employee.

(5) The Secretary shall collect and assemble information relating to the examinations and tests carried out under paragraph (1).

(6) The Secretary shall commence carrying out the program described in this subsection not later than October 23, 1993.

(c) Agreement with Secretary of Health and Human Services

Not later than April 23, 1993, the Secretary shall enter into an agreement with the Secretary of Health and Human Services relating to the establishment and conduct of the program required and regulations issued under this section.

(d) Definitions

In this section:

(1) The term "Department of Energy defense nuclear facility" has the meaning given that term in section 2704(f) of this title.

(2) The term "Department of Energy employee" means any employee of the Department of Energy employed at a Department of Energy defense nuclear facility, including any employee of a contractor or subcontractor of the Department of Energy employed at such a facility.

(Pub. L. 107–314, div. D, title XLVI, §4643, formerly Pub. L. 102–484, div. C, title XXXI, §3162, Oct. 23, 1992, 106 Stat. 2646; renumbered Pub. L. 107–314, div. D, title XLVI, §4643, and amended Pub. L. 108–136, div. C, title XXXI, §3141(i)(14), Nov. 24, 2003, 117 Stat. 1779; Pub. L. 112–239, div. C, title XXXI, §3134(b)(2), Jan. 2, 2013, 126 Stat. 2193; Pub. L. 113–66, div. C, title XXXI, §3146(g)(11), Dec. 26, 2013, 127 Stat. 1080.)

Editorial Notes

Codification

Section was formerly classified to section 7274i of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013—Subsec. (a). Pub. L. 113–66, §3146(g)(11)(A), inserted "of Energy" after "Secretary".

Subsec. (b)(2)(B). Pub. L. 113–66, §3146(g)(11)(B)(i), inserted "and Prevention" after "Disease Control" and substituted a period for semicolon at end.

Subsec. (b)(3)(C). Pub. L. 113–66, §3146(g)(11)(B)(ii), inserted "and Measurements" after "Radiation Protection".

Subsec. (b)(4). Pub. L. 113–66, §3146(g)(11)(B)(iii), substituted "paragraph (1)(B)" for "paragraph (1)(D)" and "paragraph (1)" for "paragraph (1)(E)".

Subsec. (b)(5). Pub. L. 113–66, §3146(g)(11)(B)(iv), substituted "paragraph (1)" for "paragraph (1)(E)".

Subsec. (d)(1). Pub. L. 112–239 substituted "section 2704(f)" for "section 2704(g)".

2003—Subsec. (b)(6). Pub. L. 108–136, §3141(i)(14)(D)(i), substituted "October 23, 1993" for "1 year after October 23, 1992".

Subsec. (c). Pub. L. 108–136, §3141(i)(14)(D)(ii), substituted "April 23, 1993," for "180 days after October 23, 1992,".

Subsec. (d). Pub. L. 108–136, §3141(i)(14)(D)(iii), added subsec. (d).
50 U.S.C. § 3519 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 46: CENTRAL INTELLIGENCE AGENCY / Section 3519: Special rules for disability retirement and death-in-service benefits with respect to certain employees
Special rules for disability retirement and death-in-service benefits with respect to certain employees
Status: in_force

(a) Officers and employees to whom section 2051 rules apply

Notwithstanding any other provision of law, an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83 of title 5 who—

(1) has five years of civilian service credit toward retirement under such subchapter III of chapter 83, title 5;

(2) has not been designated under section 2013 of this title as a participant in the Central Intelligence Agency Retirement and Disability System;

(3) 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

(4) satisfies the requirements for disability retirement under section 8337 of title 5—

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.

(b) Survivors of officers and employees to whom section 2052 rules apply

Notwithstanding any other provision of law, in the case of an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83, title 5, who—

(1) has at least eighteen months of civilian service credit toward retirement under such subchapter III of chapter 83, title 5;

(2) has not been designated under section 2013 of this title,1 as a participant in the Central Intelligence Agency Retirement and Disability System;

(3) prior to separation or retirement from the Agency, dies during a period of assignment to the performance of duties that are qualifying toward such designation under such section 2013 of this title; and

(4) is survived by a surviving spouse, former spouse, or child as defined in section 2002 of this title, who would otherwise be entitled to an annuity under section 8341 of title 5—

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.

(c) Annuities under this section deemed annuities under chapter 83 of title 5

The annuities provided under subsections (a) and (b) of this section shall be deemed to be annuities under 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.

(June 20, 1949, ch. 227, §19, as added Pub. L. 101–193, title III, §307(a), Nov. 30, 1989, 103 Stat. 1705; amended Pub. L. 102–496, title VIII, §803(a)(3), Oct. 24, 1992, 106 Stat. 3252; Pub. L. 103–178, title V, §501(3), Dec. 3, 1993, 107 Stat. 2038; Pub. L. 118–31, div. G, title IX, §7901(g)(5), Dec. 22, 2023, 137 Stat. 1107.)

Editorial Notes

Codification

Section was formerly classified to section 403s of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Amendments

2023—Subsec. (a)(2). Pub. L. 118–31 substituted "as a participant" for ", as a participant".

1993—Subsec. (b). Pub. L. 103–178, §501(3)(A), (C), substituted "section 2052" for "section 2051" in heading and concluding provisions.

Subsec. (b)(2). Pub. L. 103–178, §501(3)(B), made technical amendment to reference to section 2013 of this title to update reference to corresponding section of original act.

1992—Subsec. (a). Pub. L. 102–496, §803(a)(3)(A), inserted heading, redesignated cl. (i) as par. (1), in cl. (ii), substituted reference to section 2013 of this title for reference in original to section 203 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, which was formerly set out as a note under section 403 of this title, and redesignated such cl. as par. (2), in cl. (iii), inserted "such" before reference to section 2013 of this title and redesignated such cl. as par. (3), redesignated cl. (iv) as par. (4), and substituted reference to section 2051 of this title for "such section 231" in concluding provisions.

Subsec. (b). Pub. L. 102–496, §803(a)(3)(B)(i), (ii), (iv)–(vi), inserted heading, redesignated cl. (i) as par. (1), in cl. (ii), substituted reference to section 2013 of this title for reference in original to section 203 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, which was formerly set out as a note under section 403 of this title, and redesignated cl. (ii) as par. (2), redesignated cls. (iii) and (iv) as pars. (3) and (4), respectively, and in concluding provisions, substituted "surviving spouse, former spouse, or child" for "widow or widower, former spouse, and/or child or children" and substituted reference to section 2051 of this title for "such section 232".

Pub. L. 102–496, §803(a)(3)(B)(iii), which directed the substitution of "surviving spouse, former spouse, or child as defined in section 2002 of this title" in cl. (iv) for "widow or widower, former spouse, and/or child or children as defined in section 204 and section 232 of such the Central Intelligence Agency Retirement Act of 1964 for Certain Employees", was executed by making the substitution for "widow or widower, former spouse, and/or a child or children as defined in section 204 and section 232 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees", to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 102–496, §803(a)(3)(D)(i)–(iii), inserted heading, struck out par. (1) designation before "The annuities provided", substituted "maintained pursuant to section 2012 of this title" for "established by section 202 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees", and struck out par. (2) which read as follows: "The annuities and/or other benefits provided under subsections (c) and (d) of this section shall be deemed to be annuities and/or benefits under chapter 84 of title 5 for purposes of the other provisions of such chapter and other laws (including title 26) relating to such annuities and/or benefits, but shall be payable from the Central Intelligence Agency Retirement and Disability Fund established by section 202 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees."

Pub. L. 102–496, §803(a)(3)(C), (D), redesignated subsec. (e) as (c) and struck out former subsec. (c) which provided for retirement of officers and employees of the Central Intelligence Agency as though designated pursuant to section 302(a) of Pub. L. 88–643 which was formerly set out as a note under section 403 of this title.

Subsec. (d). Pub. L. 102–496, §803(a)(3)(C), struck out subsec. (d) which provided that survivors of officers and employees of the Central Intelligence Agency were to receive benefits as though deceased had been designated pursuant to section 302(a) of Pub. L. 88–643, which was formerly set out as a note under section 403 of this title.

Subsec. (e). Pub. L. 102–496, §803(a)(3)(D), redesignated subsec. (e) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

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.

1 So in original. The comma probably should not appear.
50 U.S.C. § 2585 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter IV: DEFENSE ENVIRONMENTAL CLEANUP MATTERS / Section 2585: Accelerated schedule for defense environmental cleanup activities
Accelerated schedule for defense environmental cleanup activities
Status: in_force

(a) Accelerated cleanup

The Secretary of Energy shall accelerate the schedule for defense environmental cleanup activities and disposition projects for a site at a Department of Energy defense nuclear facility if the Secretary determines that such an accelerated schedule will accelerate the recapitalization, modernization, or replacement of National Nuclear Security Administration facilities supporting the nuclear weapons stockpile, achieve meaningful, long-term cost savings to the Federal Government, or could substantially accelerate the release of land for local reuse without undermining national security objectives.

(b) Consideration of factors

In making a determination under subsection (a), the Secretary shall consider the following:

(1) The extent to which accelerated cleanup schedules can contribute to a more rapid modernization of National Nuclear Security Administration facilities.

(2) The cost savings achievable by the Federal Government.

(3) The potential for reuse of the site.

(4) The risks that the site poses to local health and safety.

(5) The proximity of the site to populated areas.

(c) Savings provision

Nothing in this section may be construed to affect a specific statutory requirement for a specific defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive standards intended to protect public health and the environment.

(Pub. L. 107–314, div. D, title XLIV, §4405, formerly Pub. L. 104–106, div. C, title XXXI, §3156, Feb. 10, 1996, 110 Stat. 625; renumbered Pub. L. 107–314, div. D, title XLIV, §4405, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(6), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, §3146(e)(6), Dec. 26, 2013, 127 Stat. 1076; Pub. L. 118–159, div. C, title XXXI, §3111(c)(6), Dec. 23, 2024, 138 Stat. 2295.)

Editorial Notes

Codification

Section was formerly set out as a note under section 7274k of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2024—Subsec. (a). Pub. L. 118–159, §3111(c)(6)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Energy shall accelerate the schedule for defense environmental cleanup activities and projects for a site at a Department of Energy defense nuclear facility if the Secretary determines that such an accelerated schedule will achieve meaningful, long-term cost savings to the Federal Government and could substantially accelerate the release of land for local reuse."

Subsec. (b). Pub. L. 118–159, §3111(c)(6)(B), added par. (1) and redesignated former pars. (1) to (4) as (2) to (5), respectively.

2013—Pub. L. 113–66, §3146(e)(6)(A), substituted "defense environmental cleanup" for "environmental restoration and waste management" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(e)(6)(B), substituted "defense environmental cleanup" for "environmental restoration and waste management".

Subsec. (b)(2) to (5). Pub. L. 113–66, §3146(e)(6)(C), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2), which read as follows: "The amount of time for completion of environmental restoration and waste management activities and projects at the site that can be reduced from the time specified for completion of such activities and projects in the baseline environmental management report required to be submitted for 1995 under section 3153 of the National Defense Authorization Act for Fiscal Year 1994 (42 U.S.C. 7274k), the predecessor provision to section 2584 of this title."

Subsecs. (c), (d). Pub. L. 113–66, §3146(e)(6)(D)–(F), redesignated subsec. (d) as (c), substituted "specific defense environmental cleanup" for "specific environmental restoration or waste management" and "regulatory defense environmental cleanup" for "regulatory environmental restoration and waste management", and struck out former subsec. (c) which required Secretary to report on each site for which schedule for environmental restoration and waste management activities had been accelerated.

2003—Subsec. (b)(2). Pub. L. 108–136, §3141(g)(6)(D), inserted ", the predecessor provision to section 2584 of this title" before period at end.
50 U.S.C. § 3321 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 45: MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES / Subchapter II: PERSONNEL AND ADMINISTRATIVE AUTHORITIES / Section 3321: National Intelligence Reserve Corps
National Intelligence Reserve Corps
Status: in_force

(a) Establishment

The Director of National Intelligence may provide for the establishment and training of a National Intelligence Reserve Corps (in this section referred to as "National Intelligence Reserve Corps") for the temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during periods of emergency, as determined by the Director.

(b) Eligible individuals

An individual may participate in the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community.

(c) Terms of participation

The Director of National Intelligence shall prescribe the terms and conditions under which eligible individuals may participate in the National Intelligence Reserve Corps.

(d) Expenses

The Director of National Intelligence may provide members of the National Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of participating in any training that relates to service as a member of the Reserve Corps.

(e) Treatment of annuitants

(1) If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby.

(2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5.

(f) Treatment under Office of Director of National Intelligence personnel ceiling

A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Office of the Director of National Intelligence.

(Pub. L. 108–458, title I, §1053, Dec. 17, 2004, 118 Stat. 3683.)

Editorial Notes

Codification

Section was formerly classified to section 403–1c of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 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.
50 U.S.C. § 167g (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 10: HELIUM GAS / Section 167g: Promulgation of rules and regulations
Promulgation of rules and regulations
Status: in_force

The Secretary is authorized to establish and promulgate such rules and regulations, as are consistent with the directions of this chapter and are necessary to carry out the provisions hereof.

(Mar. 3, 1925, ch. 426, §9, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 922.)
50 U.S.C. § 2533 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter II: NUCLEAR WEAPONS STOCKPILE MATTERS / Section 2533: Reports on critical difficulties at national security laboratories and nuclear weapons production facilities
Reports on critical difficulties at national security laboratories and nuclear weapons production facilities
Status: in_force

(a) Reports by heads of laboratories and facilities

In the event of a difficulty at a national security laboratory or a nuclear weapons production facility that has a significant bearing on confidence in the safety or reliability of a nuclear weapon or nuclear weapon type, the head of the laboratory or facility, as the case may be, shall submit to the Administrator a report on the difficulty. The head of the laboratory or facility shall submit the report as soon as practicable after discovery of the difficulty.

(b) Transmittal by Administrator

Not later than 10 days after receipt of a report under subsection (a), the Administrator shall transmit the report (together with the comments of the Administrator) to the congressional defense committees, to the Secretary of Energy and the Secretary of Defense, and to the President.

(c) Omitted

(d) Inclusion of reports in annual stockpile assessment

Any report submitted pursuant to subsection (a) shall also be submitted to the President and Congress with the matters required to be submitted under section 2525(f) of this title for the year in which such report is submitted.

(Pub. L. 107–314, div. D, title XLII, §4213, formerly Pub. L. 104–201, div. C, title XXXI, §3159, Sept. 23, 1996, 110 Stat. 2842, §4218(b), (c), formerly Pub. L. 105–85, div. A, title XIII, §1305(c), (d), Nov. 18, 1997, 111 Stat. 1954; Pub. L. 106–65, div. C, title XXXI, §3163(f), Oct. 5, 1999, 113 Stat. 946; renumbered Pub. L. 107–314, div. D, title XLII, §4213, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(14), Nov. 24, 2003, 117 Stat. 1760; renumbered Pub. L. 107–314, div. D, title XLII, §4218(c), (d), and amended Pub. L. 112–239, div. C, title XXXI, §§3131(f)(1), 3164(a)(3), Jan. 2, 2013, 126 Stat. 2181, 2206; renumbered Pub. L. 107–314, div. D, title XLII, §4218(b), (c), and amended Pub. L. 113–66, div. C, title XXXI, §3146(c)(7), (10)(B), Dec. 26, 2013, 127 Stat. 1074, 1075.)

Editorial Notes

Codification

Section was formerly classified to section 7274o of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Section is comprised in part of section 4213 of Pub. L. 107–314. See note below. Subsec. (c) of section 4213 of Pub. L. 107–314 amended section 179 of Title 10, Armed Forces.

Section is comprised of sections 4213 and 4218(b), (c) of Pub. L. 107–314. Section 4213, which was formerly part of Pub. L. 104–201, originally enacted this section, and section 4218(b), (c), which was formerly part of Pub. L. 105–85, originally amended this section. Both sections were renumbered to become part of Pub. L. 107–314 and, as a result, are shown in the source credit above as jointly comprising this section.

Amendments

2013—Pub. L. 113–66, §3146(c)(10)(B), renumbered Pub. L. 107–314, §4218(c), (d), as §4218(b), (c). See 1997 Amendment note below.

Pub. L. 112–239, §3164(a)(3), renumbered Pub. L. 105–85, §1305(c), (d), as Pub. L. 107–314, §4218(c), (d). See 1997 Amendment note below.

Pub. L. 112–239, §3131(f)(1)(A), substituted "national security laboratories and nuclear weapons production facilities" for "nuclear weapons laboratories and nuclear weapons production plants" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(c)(7)(A), substituted "facilities" for "plants" in heading and "laboratory or facility" for "laboratory or plant" in two places in text.

Pub. L. 112–239, §3131(f)(1)(B), in first sentence, substituted "national security laboratory" for "nuclear weapons laboratory", "production facility" for "production plant", and "Administrator" for "Assistant Secretary of Energy for Defense Programs".

Subsec. (b). Pub. L. 112–239, §3131(f)(1)(C), substituted "Administrator" for "Assistant Secretary" in heading and in two places in text.

Subsec. (d). Pub. L. 113–66, §3146(c)(7)(B), substituted "assessment" for "certification" in heading and "submitted to the President and Congress with the matters required to be submitted under section 2525(f) of this title" for "included with the decision documents that accompany the annual certification of the safety and reliability of the United States nuclear weapons stockpile which is provided to the President" in text.

Subsec. (e). Pub. L. 112–239, §3131(f)(1)(D), struck out subsec. (e), which defined terms "nuclear weapons laboratory" and "nuclear weapons production plant".

1999—Subsecs. (d), (e). Pub. L. 106–65 added subsec. (d) and redesignated former subsec. (d) as (e).

1997—Subsec. (b). Pub. L. 107–314, §4218(b), (c), formerly §4218(c), (d), formerly Pub. L. 105–85, §1305(c), (d), substituted "Not later than 10 days" for "As soon as practicable" and "committees," for "committees and" and inserted before period at end ", and to the President".

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

All national security functions and activities performed immediately before Oct. 5, 1999, by nuclear weapons laboratories and production facilities defined in this section, transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, see section 2481 of this title.
50 U.S.C. § 3030 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 44: NATIONAL SECURITY / Subchapter I: COORDINATION FOR NATIONAL SECURITY / Section 3030: Director of Science and Technology
Director of Science and Technology
Status: in_force

(a) Director of Science and Technology

There is a Director of Science and Technology within the Office of the Director of National Intelligence who shall be appointed by the Director of National Intelligence.

(b) Requirement relating to appointment

An individual appointed as Director of Science and Technology shall have a professional background and experience appropriate for the duties of the Director of Science and Technology. In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government.

(c) Duties

The Director of Science and Technology shall—

(1) act as the chief representative of the Director of National Intelligence for science and technology;

(2) chair the Director of National Intelligence Science and Technology Committee under subsection (d);

(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;

(4) assist the Director on the science and technology elements of the budget of the Office of the Director of National Intelligence; and

(5) perform other such duties as may be prescribed by the Director of National Intelligence or specified by law.

(d) Director of National Intelligence Science and Technology Committee

(1) There is within the Office of the Director of Science and Technology a Director of National Intelligence Science and Technology Committee.

(2) The Committee shall be composed of the principal science officers of the National Intelligence Program.

(3) The Committee shall—

(A) coordinate advances in research and development related to intelligence; and

(B) perform such other functions as the Director of Science and Technology shall prescribe.

(July 26, 1947, ch. 343, title I, §103E, as added Pub. L. 108–458, title I, §1011(a), Dec. 17, 2004, 118 Stat. 3659; amended Pub. L. 117–263, div. F, title LXVII, §6703(b), Dec. 23, 2022, 136 Stat. 3562.)

Editorial Notes

Codification

Section was formerly classified to section 403–3e of this title prior to editorial reclassification and renumbering as this section.

Amendments

2022—Subsec. (b). Pub. L. 117–263 inserted at end "In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government."

Statutory Notes and Related Subsidiaries

Effective Date

For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 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.

Emerging Technology Adoption

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.]
50 U.S.C. § 191a (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 12: VESSELS IN TERRITORIAL WATERS OF UNITED STATES / Section 191a: Transfer of Secretary of Transportation's powers to Secretary of Navy when Coast Guard operates as part of Navy
Transfer of Secretary of Transportation's powers to Secretary of Navy when Coast Guard operates as part of Navy
Status: in_force

When the Coast Guard operates as a part of the Navy pursuant to section 3 1 of title 14, the powers conferred on the Secretary of Transportation by section 191 1 of this title, shall vest in and be exercised by the Secretary of the Navy.

(Nov. 15, 1941, ch. 471, §2, 55 Stat. 763; Pub. L. 87–845, §11, Oct. 18, 1962, 76A Stat. 699; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Editorial Notes

References in Text

Section 3 of title 14, referred to in text, was redesignated section 103 of title 14 by Pub. L. 115–282, title I, §103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 3 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.

Section 191 of this title, referred to in text, was redesignated and transferred to section 70051 of Title 46, Shipping, by Pub. L. 115–282, title IV, §407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267.

Amendments

1962—Pub. L. 87–845 substituted "section 3 of title 14" for "section 1 of title 14".

Statutory Notes and Related Subsidiaries

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–845 effective Jan. 2, 1963, see section 25 of Pub. L. 87–845, set out as a note under section 414 of Title 28, Judiciary and Judicial Procedure.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

"Secretary of Transportation" substituted in text for "Secretary of the Treasury" pursuant to section 6(b)(1) of Pub. L. 89–670, which transferred Coast Guard to Department of Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation.

1 See References in Text note below.
50 U.S.C. § 4819 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 58: EXPORT CONTROL REFORM / Subchapter I: AUTHORITY AND ADMINISTRATION OF CONTROLS / Section 4819: Penalties
Penalties
Status: in_force

(a) Unlawful acts

(1) In general

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).

(2) Specific unlawful acts

The unlawful acts described in this paragraph are the following:

(A) 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.

(B) 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.

(C) No person may solicit or attempt a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.

(D) 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.

(E) 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.

(F) 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—

(i) in the course of an investigation or other action subject to the Export Administration Regulations;

(ii) 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

(iii) 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.

(G) 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.

(H) 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.

(I) 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.

(J) 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.

(3) Additional requirements

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.

(b) Criminal penalty

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)—

(1) shall be fined not more than $1,000,000; and

(2) in the case of the individual, shall be imprisoned for not more than 20 years, or both.

(c) Civil penalties

(1) Authority

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) 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.

(B) Revocation of a license issued under this subchapter to the person.

(C) A prohibition on the person's ability to export, reexport, or in-country transfer any items controlled under this subchapter.

(2) Procedures

Any civil penalty under this subsection 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.

(3) Standards for levels of civil penalty

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.

(d) Criminal forfeiture

(1) In general

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—

(A) used or intended to be used, in any manner, to commit or facilitate the violation;

(B) constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation; or

(C) constituting an item or technology that is exported or intended to be exported in violation of this subchapter.1

(2) Procedures

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.

(e) Prior convictions

(1) License bar

(A) In general

The Secretary may—

(i) 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

(ii) 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.

(B) Violations

The violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt or conspiracy to violate—

(i) this subchapter (or any regulation, license, or order issued under this subchapter);

(ii) any regulation, license, or order issued under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.];

(iii) section 371, 554, 793, 794, or 798 of title 18;

(iv) section 1001 of title 18;

(v) section 783(b) of this title; or

(vi) section 2778 of title 22.

(2) Application to other parties

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).

(f) Other authorities

Nothing in subsection (c), (d), or (e) limits—

(1) 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;

(2) 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

(3) the authority to compromise, remit or mitigate seizures and forfeitures pursuant to section 401(b) of title 22.

(Pub. L. 115–232, div. A, title XVII, §1760, Aug. 13, 2018, 132 Stat. 2223.)

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a), (c)(1), (e)(1), and (f)(1), (2), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.

This subchapter, referred to in subsec. (d)(1)(C), was in the original "this title", and was translated as meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, which is classified principally to this subchapter, to reflect the probable intent of Congress. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.

The International Emergency Economic Powers Act, referred to in subsec. (e)(1)(B)(ii), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

1 See References in Text note below.
50 U.S.C. § 3807 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 49: MILITARY SELECTIVE SERVICE / Section 3807: Bounties for induction; substitutes; purchase of release
Bounties for induction; substitutes; purchase of release
Status: in_force

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.

(June 24, 1948, ch. 625, title I, §8, 62 Stat. 614; Aug. 10, 1956, ch. 1041, §22(d), 70A Stat. 630.)

Termination of Induction for Training and Service

For provisions relating to termination of induction for training and service in the Armed Forces after July 1, 1973, see section 3815(c) of this title.

Editorial Notes

References in Text

This Act, referred to in text, is act June 24, 1948, ch. 625, 62 Stat. 604, known as the Military Selective Service Act. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of this title and Tables.

Codification

Section was formerly classified to section 458 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Section 8 of act June 24, 1948, 62 Stat. 614, cited as a credit to this section, was repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641, 678, and provisions thereof (as applicable to induction) were restated in this section by section 22(d) of act Aug. 10, 1956. Provisions of such section 8 (less applicability to induction) were restated by first section of act Aug. 10, 1956, as section 514 of Title 10, Armed Forces.

Amendments

1956—Act Aug. 10, 1956, struck out provisions which prohibited payment of any bounty to induce any person to enlist into Armed Forces. See section 514 of Title 10, Armed Forces.
50 U.S.C. § 1527 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 32: CHEMICAL AND BIOLOGICAL WARFARE PROGRAM / Section 1527: Improved biosafety for handling of select agents and toxins
Improved biosafety for handling of select agents and toxins
Status: in_force

(a) Quality control and quality assurance program

The Secretary of Defense, acting through the executive agent for the biological select agent and toxin biosafety program of the Department of Defense, shall carry out a program to implement certain quality control and quality assurance measures at each covered facility.

(b) Quality control and quality assurance measures

Subject to subsection (c), the quality control and quality assurance measures implemented at each covered facility under subsection (a) shall include the following:

(1) Designation of an external manager to oversee quality assurance and quality control.

(2) Environmental sampling and inspection.

(3) Production procedures that prohibit operations where live biological select agents and toxins are used in the same laboratory where viability testing is conducted.

(4) Production procedures that prohibit work on multiple organisms or multiple strains of one organism within the same biosafety cabinet.

(5) A video surveillance program that uses video monitoring as a tool to improve laboratory practices in accordance with regulatory requirements.

(6) Formal, recurring data reviews of production in an effort to identify data trends and nonconformance issues before such issues affect end products.

(7) Validated protocols for production processes to ensure that process deviations are adequately vetted prior to implementation.

(8) Maintenance and calibration procedures and schedules for all tools, equipment, and irradiators.

(c) Waiver

In carrying out the program under subsection (a), the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of national defense.

(d) Study and report required

(1) Study

The Secretary of Defense shall carry out a study to evaluate—

(A) the feasibility of consolidating covered facilities within a unified command to minimize risk;

(B) opportunities to partner with industry for the production of biological select agents and toxins and related services in lieu of maintaining such capabilities within the Department of the Army; and

(C) whether operations under the biological select agent and toxin production program should be transferred to another government or commercial laboratory that may be better suited to execute production for non-Department of Defense customers.

(2) Report

Not later than February 1, 2017, the Secretary shall submit to the congressional defense committees a report on the results of the study under paragraph (1).

(e) Comptroller General review

Not later than September 1, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report that includes the following:

(1) A review of—

(A) the actions taken by the Department of Defense to address the findings and recommendations of the report of the Department of the Army titled "Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds", dated December 15, 2015, including any actions taken to address the culture of complacency in the biological select agent and toxin production program identified in such report; and

(B) the progress of the Secretary in carrying out the program under subsection (a).

(2) An analysis of the study and report under subsection (d).

(f) Definitions

In this section:

(1) The term "biological select agent and toxin" means any agent or toxin identified under—

(A) section 331.3 of title 7, Code of Federal Regulations;

(B) section 121.3 or section 121.4 of title 9, Code of Federal Regulations; or

(C) section 73.3 or section 73.4 of title 42, Code of Federal Regulations.

(2) The term "covered facility" means any facility of the Department of Defense that produces biological select agents and toxins.

(Pub. L. 114–328, div. A, title II, §218, Dec. 23, 2016, 130 Stat. 2052.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Statutory Notes and Related Subsidiaries

Notification of Safety and Security Concerns at Certain Department of Defense Laboratories

Pub. L. 118–31, div. A, title X, §1089, Dec. 22, 2023, 137 Stat. 420, provided that:

"(a) In General.—The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level–3 or higher for safety or security reasons.

"(b) Content.—The notification required under subsection (a) shall include—

"(1) the reason why operations have ceased at the laboratory or facility;

"(2) whether appropriate notification to other Federal agencies has occurred;

"(3) a description of the actions taken to determine the root cause of the cessation; and

"(4) a description of the actions taken to restore operations at the laboratory or facility."

"Congressional Defense Committees" Defined

Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.
50 U.S.C. § 2574 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter III: PROLIFERATION MATTERS / Section 2574: Repealed. Pub. L. 117-263, div. C, title XXXI, §3132(b)(3), Dec. 23, 2022, 136 Stat. 3060
Repealed. Pub. L. 117-263, div. C, title XXXI, §3132(b)(3), Dec. 23, 2022, 136 Stat. 3060
Status: repealed

Section, Pub. L. 110–417, div. C, title XXXI, §3114, Oct. 14, 2008, 122 Stat. 4756, related to enhancing nuclear forensics capabilities with a research and development plan.
50 U.S.C. § 2621 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter IV: DEFENSE ENVIRONMENTAL CLEANUP MATTERS / Section 2621: Safety measures for waste tanks at Hanford Nuclear Reservation
Safety measures for waste tanks at Hanford Nuclear Reservation
Status: in_force

(a) Identification and monitoring of tanks

Not later than February 3, 1991, the Secretary of Energy shall identify which single-shelled or double-shelled high-level nuclear waste tanks at the Hanford Nuclear Reservation, Richland, Washington, may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure. After completing such identification, the Secretary shall determine whether continuous monitoring is being carried out to detect a release or excessive temperature or pressure at each tank so identified. If such monitoring is not being carried out, as soon as practicable the Secretary shall install such monitoring, but only if a type of monitoring that does not itself increase the danger of a release can be installed.

(b) Action plans

Not later than March 5, 1991, the Secretary of Energy shall develop action plans to respond to excessive temperature or pressure or a release from any tank identified under subsection (a).

(c) Prohibition

Beginning March 5, 1991, no additional high-level nuclear waste (except for small amounts removed and returned to a tank for analysis) may be added to a tank identified under subsection (a) unless the Secretary determines that no safer alternative than adding such waste to the tank currently exists or that the tank does not pose a serious potential for release of high-level nuclear waste.

(Pub. L. 107–314, div. D, title XLIV, §4441, formerly Pub. L. 101–510, div. C, title XXXI, §3137, Nov. 5, 1990, 104 Stat. 1833; renumbered Pub. L. 107–314, div. D, title XLIV, §4441, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(16), Nov. 24, 2003, 117 Stat. 1767; Pub. L. 113–291, div. C, title XXXI, §3142(h), Dec. 19, 2014, 128 Stat. 3900.)

Editorial Notes

Amendments

2014—Subsec. (d). Pub. L. 113–291 struck out subsec. (d). Text read as follows: "Not later than May 5, 1991, the Secretary shall submit to Congress a report on actions taken to promote tank safety, including actions taken pursuant to this section, and the Secretary's timetable for resolving outstanding issues on how to handle the waste in such tanks."

2003—Pub. L. 108–136, §3141(g)(16)(D)(i), made technical amendment to section catchline.

Subsec. (a). Pub. L. 108–136, §3141(g)(16)(D)(ii), substituted "Not later than February 3, 1991," for "Within 90 days after the date of the enactment of this Act,".

Subsec. (b). Pub. L. 108–136, §3141(g)(16)(D)(iii), substituted "Not later than March 5, 1991," for "Within 120 days after the date of the enactment of this Act,".

Subsec. (c). Pub. L. 108–136, §3141(g)(16)(D)(iv), substituted "Beginning March 5, 1991," for "Beginning 120 days after the date of the enactment of this Act,".

Subsec. (d). Pub. L. 108–136, §3141(g)(16)(D)(v), substituted "Not later than May 5, 1991," for "Within six months after the date of the enactment of this Act,".
50 U.S.C. § 3041 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 44: NATIONAL SECURITY / Subchapter I: COORDINATION FOR NATIONAL SECURITY / Section 3041: Appointment of officials responsible for intelligence-related activities
Appointment of officials responsible for intelligence-related activities
Status: in_force

(a) Recommendation of DNI in certain appointments

(1) In the event of a vacancy in a position referred to in paragraph (2), the Director of National Intelligence shall recommend to the President an individual for nomination to fill the vacancy.

(2) Paragraph (1) applies to the following positions:

(A) The Principal Deputy Director of National Intelligence.

(B) The Director of the Central Intelligence Agency.

(b) Concurrence of DNI in appointments to positions in the intelligence community

(1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall obtain the concurrence of the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. If the Director does not concur in the recommendation, the head of the department or agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the Director does not concur in such a recommendation, the Director and the head of the department or agency concerned may advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be.

(2) Paragraph (1) applies to the following positions:

(A) The Director of the National Security Agency.

(B) The Director of the National Reconnaissance Office.

(C) The Director of the National Geospatial-Intelligence Agency.

(D) The Assistant Secretary of State for Intelligence and Research.

(E) The Director of the Office of Intelligence and Counterintelligence of the Department of Energy.

(F) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.

(G) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position.

(H) The Under Secretary of Homeland Security for Intelligence and Analysis.

(c) Consultation with DNI in certain positions

(1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy.

(2) Paragraph (1) applies to the following positions:

(A) The Director of the Defense Intelligence Agency.

(B) The Assistant Commandant of the Coast Guard for Intelligence.

(C) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.

(July 26, 1947, ch. 343, title I, §106, as added Pub. L. 102–496, title VII, §706(a), Oct. 24, 1992, 106 Stat. 3195; amended Pub. L. 103–359, title V, §501(a)(3), Oct. 14, 1994, 108 Stat. 3428; Pub. L. 104–293, title VIII, §815(a), Oct. 11, 1996, 110 Stat. 3484; Pub. L. 107–108, title III, §308, Dec. 28, 2001, 115 Stat. 1399; Pub. L. 108–136, div. A, title IX, §921(e)(5), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108–177, title I, §105(c), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108–458, title I, §1014, Dec. 17, 2004, 118 Stat. 3663; Pub. L. 109–177, title V, §506(a)(4), Mar. 9, 2006, 120 Stat. 247; Pub. L. 110–53, title V, §531(b)(5), Aug. 3, 2007, 121 Stat. 334; Pub. L. 116–92, div. E, title LXVII, §§6742(b)(2), 6744(c), Dec. 20, 2019, 133 Stat. 2239, 2241.)

Editorial Notes

Codification

Section was formerly classified to section 403–6 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2019—Pub. L. 116–92, §6742(b)(2)(A), made technical amendment to section designation in original.

Subsec. (b)(2)(E). Pub. L. 116–92, §6744(c)(1), inserted "and Counterintelligence" after "Office of Intelligence".

Subsec. (b)(2)(F) to (H). Pub. L. 116–92, §6744(c)(2), (3), redesignated subpars. (G) to (I) as (F) to (H), respectively, and struck out former subpar. (F) which read as follows: "The Director of the Office of Counterintelligence of the Department of Energy."

Subsec. (b)(2)(I). Pub. L. 116–92, §6744(c)(3), redesignated subpar. (I) as (H).

Pub. L. 116–92, §6742(b)(2)(B), realigned margin.

2007—Subsec. (b)(2)(I). Pub. L. 110–53 amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: "The Assistant Secretary of Homeland Security for Information Analysis."

2006—Subsec. (c)(2)(C). Pub. L. 109–177 added subpar. (C).

2004—Pub. L. 108–458 amended text generally, substituting provisions relating to involvement of Director of National Intelligence in appointments, consisting of subsecs. (a) to (c), for provisions relating to involvement of Director of Central Intelligence in appointments, consisting of subsecs. (a) and (b).

2003—Subsec. (a)(2)(C). Pub. L. 108–136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency".

Subsec. (b)(2)(E). Pub. L. 108–177 added subpar. (E).

2001—Subsec. (b)(2)(C), (D). Pub. L. 107–108 added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: "The Director of the Office of Nonproliferation and National Security of the Department of Energy."

1996—Pub. L. 104–293 amended section generally, substituting provisions relating to appointment of individuals responsible for intelligence-related activities for provisions relating to administrative provisions pertaining to defense elements within the intelligence community.

1994—Subsec. (b). Pub. L. 103–359 substituted "Central Imagery Office" for "central imagery authority" in heading and text.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.

Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
50 U.S.C. § 1881d (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 36: FOREIGN INTELLIGENCE SURVEILLANCE / Subchapter VI: ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES / Section 1881d: Joint applications and concurrent authorizations
Joint applications and concurrent authorizations
Status: in_force

(a) Joint applications and orders

If an acquisition targeting a United States person under section 1881b or 1881c of this title is proposed to be conducted both inside and outside the United States, a judge having jurisdiction under section 1881b(a)(1) or 1881c(a)(1) of this title may issue simultaneously, upon the request of the Government in a joint application complying with the requirements of sections 1881b(b) and 1881c(b) of this title, orders under sections 1881b(c) and 1881c(c) of this title, as appropriate.

(b) Concurrent authorization

If an order authorizing electronic surveillance or physical search has been obtained under section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of that order, without an order under section 1881b or 1881c of this title, the targeting of that United States person for the purpose of acquiring foreign intelligence information while such person is reasonably believed to be located outside the United States.

(c) Emergency authorization

(1) Concurrent authorization

If the Attorney General authorized the emergency employment of electronic surveillance or a physical search pursuant to section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of the emergency authorization and subsequent order pursuant to section 1805 or 1824 of this title, without a separate order under section 1881b or 1881c of this title, the targeting of a United States person subject to such emergency employment for the purpose of acquiring foreign intelligence information while such United States person is reasonably believed to be located outside the United States.

(2) Use of information

If an application submitted to the Court pursuant to section 1804 or 1823 of this title is denied, or in any other case in which the acquisition pursuant to paragraph (1) is terminated and no order with respect to the target of the acquisition is issued under section 1805 or 1824 of this title, all information obtained or evidence derived from such acquisition shall be handled in accordance with section 1881c(d)(4) of this title.

(Pub. L. 95–511, title VII, §705, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, §105, Jan. 19, 2018, 132 Stat. 13.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–118 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.
50 U.S.C. § 3932 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 50: SERVICEMEMBERS CIVIL RELIEF / Subchapter II: GENERAL RELIEF / Section 3932: Stay of proceedings when servicemember has notice
Stay of proceedings when servicemember has notice
Status: in_force

(a) Applicability of section

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—

(1) is in military service or is within 90 days after termination of or release from military service; and

(2) has received notice of the action or proceeding.

(b) Stay of proceedings

(1) Authority for stay

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.

(2) Conditions for stay

An application for a stay under paragraph (1) shall include the following:

(A) 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.

(B) 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.

(c) Application not a waiver of defenses

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).

(d) Additional stay

(1) Application

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.

(2) Appointment of counsel when additional stay refused

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.

(e) Coordination with section 3931

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.

(f) Inapplicability to section 3951

The protections of this section do not apply to section 3951 of this title.

(Oct. 17, 1940, ch. 888, title II, §202, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2842; amended Pub. L. 108–454, title VII, §703, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 110–181, div. A, title V, §584(b), Jan. 28, 2008, 122 Stat. 128.)

Editorial Notes

Codification

Section was formerly classified to section 522 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 202 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to fines and penalties on contracts, prior to the general amendment of this Act by Pub. L. 108–189. See section 3933 of this title.

Amendments

2008—Subsec. (a). Pub. L. 110–181 inserted ", including any child custody proceeding," after "civil action or proceeding" in introductory provisions.

2004—Subsec. (a). Pub. L. 108–454 inserted "plaintiff or" before "defendant" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

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.

Stay of Judicial Proceedings

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."
50 U.S.C. § 4304 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 53: TRADING WITH THE ENEMY / Section 4304: Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States
Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States
Status: in_force

(a) 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.

(b) 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.

(Oct. 6, 1917, ch. 106, §4, 40 Stat. 413.)

Editorial Notes

References in Text

For proclamation of April 6, 1917, 40 Stat. 1654, and proclamation of July 13, 1917, 40 Stat. 1684, referred to in subsec. (a), see World War I Presidential Proclamations notes below.

This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.

Codification

Section was formerly classified to section 4 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Executive Documents

Transfer of Functions

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.

World War I Presidential Proclamations

Proc. Apr. 16, 1917, 40 Stat. 1654, declared and proclaimed that branch establishments of German insurance companies doing business in the United States would be authorized to continue to do so, subject to the rules and regulations of the State in which such establishment's principal office is located, but prohibited transmission of any funds outside of the United States or the use of any funds for the establishment of any credit within or outside of the United States to or for the benefit or use of the enemy or any of its allies without the permission of the Federal Government.

Proc. July 13, 1917, 40 Stat. 1684, declared and proclaimed that branch establishments of German insurance companies doing business in the United States would be prohibited from transacting the business of marine and war risk insurance either as direct insurers or re-insurers and directed that such prohibition would extend and operate to suspend all existing contracts for the period of the war.
50 U.S.C. § 3373b (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 45: MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES / Subchapter IV: COLLECTION, ANALYSIS, AND SHARING OF INTELLIGENCE / Section 3373b: Unidentified anomalous phenomena reporting procedures
Unidentified anomalous phenomena reporting procedures
Status: in_force

(a) Mechanism for authorized reporting

(1) Establishment

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—

(A) any event relating to unidentified anomalous phenomena; and

(B) 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.

(2) Protection of systems, programs, and activity

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.

(3) Administration

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.

(4) Sharing of information

(A) Prompt sharing within 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.

(B) Congressional notification

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.

(5) Initial report and publication

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—

(A) 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

(B) issue clear public guidance for how to securely access the mechanism for authorized reporting.

(b) Protection for individuals making authorized disclosures

(1) Authorized disclosures

An authorized disclosure—

(A) shall not be subject to a nondisclosure agreement entered into by the individual who makes the disclosure;

(B) 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

(C) is not a violation of section 798 of title 18 or other provision of law relating to the disclosure of information.

(2) Prohibition on reprisals

(A) Protection

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.

(B) Procedures

The Secretary of Defense and the Director of National Intelligence shall establish procedures for the enforcement of subparagraph (A) consistent with, as appropriate, section 1034 of title 10, section 3234 of title 50, or other similar provisions of law regarding prohibited personnel actions.

(3) Nondisclosure agreements

(A) Identification

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.

(B) Submission to Congress

The head of the Office shall—

(i) make the records compiled under subparagraph (A) accessible to the congressional defense committees, the congressional intelligence committees, and the congressional leadership; and

(ii) 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.

(c) Omitted

(d) Definitions

In this section:

(1) 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).

(2) The term "congressional intelligence committees" has the meaning given such term in section 3003 of this title.

(3) 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.

(4) The term "intelligence community" has the meaning given such term in section 3003 of this title.

(5) 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.

(6) The term "Office" means the All-domain Anomaly Resolution Office established pursuant to section 3373(a) of this title.

(7) The term "personnel action" has the meaning given such term in section 3234(a) of this title.

(8) The term "unidentified anomalous phenomena" has the meaning given such term in section 3373(n) of this title.

(Pub. L. 117–263, div. A, title XVI, §1673, Dec. 23, 2022, 136 Stat. 2959.)

Editorial Notes

References in Text

Executive Order 13526, referred to in subsec. (b)(1)(B), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of this title.

The Atomic Energy Act of 1954, referred to in subsec. (b)(1)(B), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919. Chapter 18 of the Act is classified generally to subchapter XVII (§2271 et seq.) of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.

Codification

Section is comprised of section 1673 of Pub. L. 117–263. Subsec. (c) of section 1673 of Pub. L. 117–263 amended section 3373 of this title.

Statutory Notes and Related Subsidiaries

Definitions

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.
50 U.S.C. § 4325 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 53: TRADING WITH THE ENEMY / Section 4325: "Unallocated interest fund" defined
"Unallocated interest fund" defined
Status: in_force

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.

(Oct. 6, 1917, ch. 106, §28, as added Mar. 10, 1928, ch. 167, §15, 45 Stat. 274.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.

Codification

Section was formerly classified to section 28 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.