50 U.S.C. § 1824 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 36: FOREIGN INTELLIGENCE SURVEILLANCE / Subchapter II: PHYSICAL SEARCHES / Section 1824: Issuance of order
Issuance of order
Status: in_force

(a) Necessary findings

Upon an application made pursuant to section 1823 of this title, the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that—

(1) the application has been made by a Federal officer and approved by the Attorney General;

(2) on the basis of the facts submitted by the applicant there is probable cause to believe that—

(A) the target of the physical search is a foreign power or an agent of a foreign power, except that no United States person may be considered an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and

(B) the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from an agent of a foreign power or a foreign power;

(3) the proposed minimization procedures meet the definition of minimization contained in this subchapter; and

(4) the application which has been filed contains all statements and certifications required by section 1823 of this title, and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1823(a)(6)(E) of this title and any other information furnished under section 1823(c) of this title.

(b) Determination of probable cause

In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.

(c) Specifications and directions of orders

An order approving a physical search under this section shall—

(1) specify—

(A) the identity, if known, or a description of the target of the physical search;

(B) the nature and location of each of the premises or property to be searched;

(C) the type of information, material, or property to be seized, altered, or reproduced;

(D) a statement of the manner in which the physical search is to be conducted and, whenever more than one physical search is authorized under the order, the authorized scope of each search and what minimization procedures shall apply to the information acquired by each search; and

(E) the period of time during which physical searches are approved; and

(2) direct—

(A) that the minimization procedures be followed;

(B) that, upon the request of the applicant, a specified landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search;

(C) that such landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain;

(D) that the applicant compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid; and

(E) that the Federal officer conducting the physical search promptly report to the court the circumstances and results of the physical search.

(d) Duration of order; assessment of compliance

(1) An order issued under this section may approve a physical search for the period necessary to achieve its purpose, or for 90 days, whichever is less, except that (A) an order under this section shall approve a physical search targeted against a foreign power for the period specified in the application or for one year, whichever is less, and (B) an order under this section for a physical search targeted against an agent of a foreign power who is not a United States person may be for the period specified in the application or for one year, whichever is less.

(2) At or before the end of the period of time for which a physical search is approved by an order or an extension, or at any time after a physical search is carried out, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.

(e) Emergency orders

(1) Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of a physical search if the Attorney General—

(A) reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;

(B) reasonably determines that the factual basis for issuance of an order under this subchapter to approve such physical search exists;

(C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and

(D) makes an application in accordance with this subchapter to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search.

(2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.

(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4) A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.

(5) In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(6) The Attorney General shall assess compliance with the requirements of paragraph (5).

(f) Retention of applications and orders

Applications made and orders granted under this subchapter shall be retained for a period of at least 10 years from the date of the application.

(Pub. L. 95–511, title III, §304, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3447; amended Pub. L. 106–567, title VI, §603(b), Dec. 27, 2000, 114 Stat. 2853; Pub. L. 107–56, title II, §207(a)(2), (b)(2), Oct. 26, 2001, 115 Stat. 282; Pub. L. 107–108, title III, §314(a)(4), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §105(b), Mar. 9, 2006, 120 Stat. 195; Pub. L. 110–261, title I, §§107(b), (c)(1), 110(c)(3), July 10, 2008, 122 Stat. 2463, 2464, 2467; Pub. L. 111–259, title VIII, §§801(5), 806(a)(2), Oct. 7, 2010, 124 Stat. 2746, 2748; Pub. L. 118–49, §6(g)(2), Apr. 20, 2024, 138 Stat. 873.)

Editorial Notes

Amendments

2024—Subsec. (d)(1)(A). Pub. L. 118–49, §6(g)(2)(A)(i), substituted "against a foreign power" for "against a foreign power, as defined in paragraph (1), (2), or (3) of section 1801(a) of this title,".

Subsec. (d)(1)(B). Pub. L. 118–49, §6(g)(2)(A)(ii), substituted "one year" for "120 days".

Subsec. (d)(2), (3). Pub. L. 118–49, §6(g)(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "Extensions of an order issued under this subchapter may be granted on the same basis as the original order upon an application for an extension and new findings made in the same manner as required for the original order, except that an extension of an order under this chapter for a physical search targeted against a foreign power, as defined in paragraph (5), (6), or (7) of section 1801(a) of this title, or against a foreign power, as defined in section 1801(a)(4) of this title, that is not a United States person, or against an agent of a foreign power who is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no property of any individual United States person will be acquired during the period."

2010—Subsec. (b). Pub. L. 111–259, §801(5), substituted "subsection (a)(2)" for "subsection (a)(3)".

Subsec. (c)(2)(C). Pub. L. 111–259, §806(a)(2), made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.

2008—Subsec. (a). Pub. L. 110–261, §107(b)(1), (c)(1), redesignated pars. (2) to (5) as (1) to (4), respectively, inserted "or is about to be" before "owned" in par. (2)(B), substituted "1823(a)(6)(E)" for "1823(a)(7)(E)" in par. (4), and struck out former par. (1) which read as follows: "the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes;".

Subsec. (d)(2). Pub. L. 110–261, §110(c)(3), substituted "paragraph (5), (6), or (7) of section 1801(a)" for "section 1801(a)(5) or (6)".

Subsec. (e). Pub. L. 110–261, §107(b)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to the power of the Attorney General to authorize the emergency employment of a physical search and required an application be made to a judge within 72 hours after the authorization.

2006—Subsec. (d)(1)(B), (2). Pub. L. 109–177 substituted "who is not a United States person" for "as defined in section 1801(b)(1)(A) of this title".

2004—Subsec. (c)(2)(C). Pub. L. 108–458, as amended by Pub. L. 111–259, §806(a)(2), substituted "Director of National Intelligence" for "Director of Central Intelligence".

2001—Subsec. (d)(1). Pub. L. 107–56, §207(a)(2), substituted "90 days," for "forty-five days," and inserted "(A)" after "except that" and ", and (B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less" before period at end.

Subsec. (d)(2). Pub. L. 107–56, §207(b)(2), inserted "or against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title," after "not a United States person,".

Subsec. (e)(1)(A)(ii), (3)(C). Pub. L. 107–108 substituted "72 hours" for "24 hours".

2000—Subsecs. (b) to (f). Pub. L. 106–567 added subsec. (b) and redesignated former subsecs. (b) to (e) as (c) to (f), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

Effective Date of 2004 Amendment

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

Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
50 U.S.C. § 196 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 12: VESSELS IN TERRITORIAL WATERS OF UNITED STATES / Section 196: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 196, Aug. 9, 1954, ch. 659, §1, 68 Stat. 675; Pub. L. 96–70, title III, §3302(c), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97–31, §12(152), Aug. 6, 1981, 95 Stat. 167, was redesignated as and transferred to section 56309 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, §3504(a)(1), Dec. 12, 2017, 131 Stat. 1911.

Section 197, Aug. 9, 1954, ch. 659, §2, 68 Stat. 675; Pub. L. 97–31, §12(152), Aug. 6, 1981, 95 Stat. 167, was redesignated as and transferred to section 56310 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, §3504(b)(1), Dec. 12, 2017, 131 Stat. 1912.

Section 198, Aug. 9, 1954, ch. 659, §3, 68 Stat. 675; Pub. L. 89–670, §6(b)(1), (2), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–31, §12(152), Aug. 6, 1981, 95 Stat. 167, was redesignated as and transferred to section 56311 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, §3504(c)(1), Dec. 12, 2017, 131 Stat. 1912.
50 U.S.C. § 3334k (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 45: MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES / Subchapter II: PERSONNEL AND ADMINISTRATIVE AUTHORITIES / Section 3334k: Report on protocols for certain intelligence community employees and dependents
Report on protocols for certain intelligence community employees and dependents
Status: in_force

(a) In general

Beginning not later than 180 days after March 15, 2022, the President shall develop, for uniform implementation across the elements of the intelligence community, each of the protocols described in subsections (c) through (f). Such protocols shall be subject to review and revision on a periodic basis, and any implementation of such protocols shall be conducted in accordance with applicable laws and current clinical and professional practices of the interagency medical community.

(b) Privacy

No data collected pursuant to any protocol under this section may be used for research or analytical purposes without the written consent of the individual from whom such data was collected with respect to such use.

(c) Protocol on baseline medical testing

The protocol described in this subsection is a protocol for conducting voluntary baseline medical testing of covered employees, covered individuals, and the dependents of covered employees who are included on the overseas travel orders of the covered employee. Such protocol shall set forth the required elements of such baseline medical testing, such as—

(1) standard lab collection and testing of relevant biofluids;

(2) the conduct of relevant visual and auditory examinations;

(3) the conduct of Acquired Brain Injury Tool assessments, or other relevant assessments for balance, eye motion, and cognition;

(4) the assessment of relevant medical histories; and

(5) the conduct of any other standard relevant medical or neurological examinations, testing, or assessments.

(d) Protocols on post-incident medical testing

The protocols described in this subsection are protocols to enable voluntary medical testing and the coordination of treatment for covered employees, covered individuals, and the dependents of covered employees, following a reported anomalous health incident, such as—

(1) a protocol that sets forth elements, similar to the elements described in subsection (c), of such testing;

(2) a protocol pertaining to the voluntary testing and treatment for victims of anomalous health incidents who are children;

(3) a protocol for ensuring that all victims of anomalous health incidents receive access to prompt and consistent medical treatment, including from medical professionals holding appropriate security clearances and medical professionals with expertise in child care;

(4) a protocol for ensuring that all victims of anomalous health incidents are offered options for psychological treatment for the effects of such incidents; and

(5) a protocol for ensuring that any testing, evaluation, or collection of biofluids or other samples following a reported anomalous health incident may be compared against the baseline for the victim of the anomalous health incident, to the extent the individual participated in the baseline medical testing, consistent with subsections (b) and (c).

(e) Protocol on information collection, storage, and safeguarding

The protocol described in this subsection is a protocol for the collection, storage, and safeguarding of information acquired as a result of the protocols described in subsections (c) and (d).

(f) Protocol on reporting mechanisms

The protocol described in this subsection is a protocol for the reporting of matters relating to anomalous health incidents by covered employees, covered individuals, and the dependents of covered employees, including the development of a system for the adjudication of complaints regarding medical treatment received by such covered employees, covered individuals, and dependents of covered employees.

(g) Report and briefings

(1) Report

Not later than 180 days after March 15, 2022, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the protocols described in subsections (c) through (f).

(2) Elements

Such report shall include the following elements:

(A) A copy of each protocol under this section.

(B) A description of the following:

(i) Any interagency agreements, authorities, or policies required to effectively implement the protocols under this section.

(ii) Any new facilities, medical equipment, tools, training, or other resources required to effectively implement such protocols.

(C) A timeline for the implementation of the protocols under this section, including a proposal for the prioritization of implementation with respect to various categories of covered employees and the dependents of covered employees.

(3) Briefing

Not later than 60 days following the date of submission of the report under paragraph (1), and biannually thereafter, the Director shall provide to the appropriate congressional committees a briefing regarding the implementation of the protocols under this section.

(h) Definitions

In this section:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the congressional intelligence committees; and

(B) the Committees on Armed Services of the House of Representatives and the Senate.

(2) Covered employee

The term "covered employee" means an individual who is an employee, assignee, or detailee of an element of the intelligence community.

(3) Covered individual

The term "covered individual" means a contractor to an element of the intelligence community.

(4) Dependent of a covered employee

The term "dependent of a covered employee" means, with respect to a covered employee, a family member (including a child), as defined by the Director of National Intelligence.

(5) Victim of an anomalous health incident

The term "victim of an anomalous health incident" means a covered employee, covered individual, or dependent of a covered employee, who is, or is suspected to have been, affected by an anomalous health incident.

(Pub. L. 117–103, div. X, title VI, §605, Mar. 15, 2022, 136 Stat. 996.)

Statutory Notes and Related Subsidiaries

Definitions

For definitions of "congressional intelligence committees" and "intelligence community" as used in this section, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.
50 U.S.C. § 3978 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 50: SERVICEMEMBERS CIVIL RELIEF / Subchapter IV: LIFE INSURANCE / Section 3978: Regulations
Regulations
Status: in_force

The Secretary of Veterans Affairs shall prescribe regulations for the implementation of this subchapter.

(Oct. 17, 1940, ch. 888, title IV, §408, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2854.)

Editorial Notes

Codification

Section was formerly classified to section 548 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 408 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1185; Oct. 6, 1942, ch. 581, §13, 56 Stat. 776, related to law governing applications for protection prior to Oct. 6, 1942, prior to repeal by Pub. L. 102–12, §9(18), Mar. 18, 1991, 105 Stat. 40.

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.
50 U.S.C. § 981 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 25: ARMED FORCES RESERVE / Section 981: Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Status: repealed

Section 981, act July 9, 1952, ch. 608, pt. II, §246, 66 Stat. 495, related to civil status of reservists. See section 502 of Title 5, Government Organization and Employees.

Section 982, act July 9, 1952, ch. 608, pt. II, §247, 66 Stat. 495, authorized members of reserve components to accept employment with and compensation from any foreign government or any concern which is controlled in whole or in part by a foreign government. See section 1032 of Title 10, Armed Forces.
50 U.S.C. § 2632 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter IV: DEFENSE ENVIRONMENTAL CLEANUP MATTERS / Section 2632: Multi-year plan for clean-up
Multi-year plan for clean-up
Status: in_force

The Secretary of Energy shall develop and implement a multi-year plan for the clean-up of nuclear waste at the Savannah River Site that results, or has resulted, from the following:

(1) Nuclear weapons activities carried out at the site.

(2) The processing, treating, packaging, and disposal of Department of Energy domestic and foreign spent nuclear fuel rods at the site.

(Pub. L. 107–314, div. D, title XLIV, §4452, formerly Pub. L. 104–201, div. C, title XXXI, §3142(e), Sept. 23, 1996, 110 Stat. 2836; renumbered Pub. L. 107–314, div. D, title XLIV, §4452, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(22), Nov. 24, 2003, 117 Stat. 1769.)

Editorial Notes

Amendments

2003—Pub. L. 108–136, §3141(g)(22)(C), inserted section catchline, struck out former subsec. heading, and inserted in text "of Energy" after "The Secretary".
50 U.S.C. § 4315 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 53: TRADING WITH THE ENEMY / Section 4315: Offenses; punishment; forfeitures of property
Offenses; punishment; forfeitures of property
Status: in_force

(a) Criminal liability

Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of the chapter shall, upon conviction, be fined not more than $1,000,000, or if a natural person, be imprisoned for not more than 20 years, or both.

(b) Civil liability; hearing; judicial review

(1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter.

(2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the direction of the Secretary of the Treasury, be forfeited to the United States Government.

(3) The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, with the right to prehearing discovery.

(4) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.

(c) Forfeiture

Upon conviction, any property, funds, securities, papers, or other articles or documents, or any vessel, together with tackle, apparel, furniture, and equipment, concerned in any violation of subsection (a) may be forfeited to the United States.

(d) Statute of limitations

(1) Time for commencing proceedings

(A) In general

An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.

(B) Commencement

For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.

(2) Time for indictment

No person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

(Oct. 6, 1917, ch. 106, §16, 40 Stat. 425; Pub. L. 95–223, title I, §103(a), Dec. 28, 1977, 91 Stat. 1626; Pub. L. 102–393, title VI, §628, Oct. 6, 1992, 106 Stat. 1772; Pub. L. 102–484, div. A, title XVII, §1710(c), Oct. 23, 1992, 106 Stat. 2580; Pub. L. 104–114, title I, §102(d), Mar. 12, 1996, 110 Stat. 792; Pub. L. 111–195, title I, §107(a)(4), July 1, 2010, 124 Stat. 1337; Pub. L. 118–50, div. E, title I, §3111(b), Apr. 24, 2024, 138 Stat. 939.)

Editorial Notes

References in Text

"This chapter" and "the chapter", referred to in subsecs. (a) and (b)(1), were in the original "this Act" and "the Act", respectively, 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 16 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

2024—Subsec. (d). Pub. L. 118–50 added subsec. (d).

2010—Subsec. (a). Pub. L. 111–195 substituted "if a natural person, be imprisoned for not more than 20 years, or both." for "if a natural person, be fined not more than $100,000, or imprisoned for not more than ten years or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall, upon conviction, be fined not more than $100,000 or imprisoned for not more than ten years or both."

1996—Pub. L. 104–114, §102(d)(3)(A), made technical amendment inserting section designation in original.

Subsec. (a). Pub. L. 104–114, §102(d)(3)(B), substituted "participates" for "participants".

Subsec. (b). Pub. L. 104–114, §102(d)(1), amended subsec. (b), as added by Pub. L. 102–484, generally. Prior to amendment, subsec. (b) read as follows:

"(b)(1) The Secretary of the Treasury may impose a civil penalty of not more than $50,000 on any person who violates any license, order, rule, or regulation issued under this chapter.

"(2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the discretion of the Secretary of the Treasury, be forfeited to the United States Government.

"(3) The penalties provided under this subsection may not be imposed for—

"(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or

"(B) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants.

"(4) The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, with the right to prehearing discovery.

"(5) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5."

Pub. L. 104–114, §102(d)(2), struck out subsec. (b), as added by Pub. L. 102–393, which read as follows:

"(b)(1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter.

"(2) The penalties provided under this subsection may not be imposed for—

"(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or

"(B) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants."

1992—Pub. L. 102–484, which directed substitution of "(a) Whoever" for "That whoever" and addition of subsec. (b) at end, was executed to reflect the probable intent of Congress in light of the intervening general amendment by Pub. L. 102–393 (see below), by adding subsec. (b) after subsec. (a).

Pub. L. 102–393 amended section generally, substituting subsecs. (a) to (c) for former undesignated provisions which read as follows: "Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, concerned in such violation shall be forfeited to the United States."

1977—Pub. L. 95–223 substituted "$50,000" for "$10,000".
50 U.S.C. § 4612 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 56: EXPORT ADMINISTRATION / Section 4612: Missile proliferation control violations
Missile proliferation control violations
Status: in_force

(a) Violations by United States persons

(1) Sanctions

(A) If the President determines that a United States person knowingly—

(i) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export Control Act [22 U.S.C. 2797 et seq.], section 4604 or 4605 1 of this title, or any regulations or orders issued under any such provisions,

(ii) conspires to or attempts to engage in such export, transfer, or trade, or

(iii) facilitates such export, transfer, or trade by any other person,

then the President shall impose the applicable sanctions described in subparagraph (B).

(B) The sanctions which apply to a United States person under subparagraph (A) are the following:

(i) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person, for a period of 2 years, licenses for the transfer of missile equipment or technology controlled under this chapter.

(ii) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person, for a period of not less than 2 years, all licenses for items the export of which is controlled under this chapter.

(2) Discretionary sanctions

In the case of any determination referred to in paragraph (1), the Secretary may pursue any other appropriate penalties under section 4610 1 of this title.

(3) Waiver

The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that—

(A) the product or service is essential to the national security of the United States; and

(B) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.

(b) Transfers of missile equipment or technology by foreign persons

(1) Sanctions

(A) Subject to paragraphs (3) through (7), if the President determines that a foreign person, after November 5, 1990, knowingly—

(i) exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter,

(ii) conspires to or attempts to engage in such export, transfer, or trade, or

(iii) facilitates such export, transfer, or trade by any other person,

or if the President has made a determination with respect to a foreign person under section 73(a) of the Arms Export Control Act [22 U.S.C. 2797b(a)], then the President shall impose on that foreign person the applicable sanctions under subparagraph (B).

(B) The sanctions which apply to a foreign person under subparagraph (A) are the following:

(i) If the item involved in the export, transfer, or trade is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years, licenses for the transfer to such foreign person of missile equipment or technology the export of which is controlled under this chapter.

(ii) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years, licenses for the transfer to such foreign person of items the export of which is controlled under this chapter.

(iii) If, in addition to actions taken under clauses (i) and (ii), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person.

(2) Inapplicability with respect to MTCR adherents

Paragraph (1) does not apply with respect to—

(A) any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or

(B) any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent.

(3) Effect of enforcement actions by MTCR adherents

Sanctions set forth in paragraph (1) may not be imposed under this subsection on a person with respect to acts described in such paragraph or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts.

(4) Advisory opinions

The Secretary, in consultation with the Secretary of State and the Secretary of Defense, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this subsection. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity.

(5) Waiver and report to Congress

(A) In any case other than one in which an advisory opinion has been issued under paragraph (4) stating that a proposed activity would not subject a person to sanctions under this subsection, the President may waive the application of paragraph (1) to a foreign person if the President determines that such waiver is essential to the national security of the United States.

(B) In the event that the President decides to apply the waiver described in subparagraph (A), the President shall so notify the Congress not less than 20 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver.

(6) Additional waiver

The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that—

(A) the product or service is essential to the national security of the United States; and

(B) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.

(7) Exceptions

The President shall not apply the sanction under this subsection prohibiting the importation of the products of a foreign person—

(A) in the case of procurement of defense articles or defense services—

(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;

(ii) if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or

(iii) if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation;

(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or

(C) to—

(i) spare parts,

(ii) component parts, but not finished products, essential to United States products or production,

(iii) routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or

(iv) information and technology essential to United States products or production.

(c) Definitions

For purposes of this section and subsections (k) and (l) of section 4605 1 of this title—

(1) the term "missile" means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems;

(2) the term "Missile Technology Control Regime" or "MTCR" means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto;

(3) the term "MTCR adherent" means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR;

(4) the term "MTCR Annex" means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto;

(5) the terms "missile equipment or technology" and "MTCR equipment or technology" mean those items listed in category I or category II of the MTCR Annex;

(6) the term "foreign person" means any person other than a United States person;

(7)(A) the term "person" means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and

(B) in the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term "person" means—

(i) all activities of that government relating to the development or production of any missile equipment or technology; and

(ii) all activities of that government affecting the development or production of aircraft, electronics, and space systems or equipment; and

(8) the term "otherwise engaged in the trade of" means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.

(Pub. L. 96–72, §11B, as added Pub. L. 101–510, div. A, title XVII, §1702(b), Nov. 5, 1990, 104 Stat. 1741.)

Editorial Notes

References in Text

The Arms Export Control Act, referred to in subsec. (a)(1)(A)(i), is Pub. L. 90–269, Oct. 22, 1968, 82 Stat. 1320. Chapter 7 of the Act is classified generally to subchapter VII (§2797 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

Sections 4605, 4606, and 4610 of this title, referred to in subsecs. (a)(1)(A)(i), (2) and (c), were repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.

This chapter, referred to in subsecs. (a)(1)(B) and (b)(1), was in the original "this Act", meaning Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, known as the Export Administration Act of 1979, which was classified principally to this chapter, prior to repeal by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613).

Codification

Section was formerly classified to section 2410b of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Policy on Missile Technology Control

Pub. L. 101–510, div. A, title XVII, §1701, Nov. 5, 1990, 104 Stat. 1738, provided that: "It should be the policy of the United States to take all appropriate measures—

"(1) to discourage the proliferation, development, and production of the weapons, material, and technology necessary to produce or acquire missiles that can deliver weapons of mass destruction;

"(2) to discourage countries and private persons in other countries from aiding and abetting any states from acquiring such weapons, material, and technology;

"(3) to strengthen United States and existing multilateral export controls to prohibit the flow of materials, equipment, and technology that would assist countries in acquiring the ability to produce or acquire missiles that can deliver weapons of mass destruction, including missiles, warheads and weaponization technology, targeting technology, test and evaluation technology, and range and weapons effect measurement technology; and

"(4) with respect to the Missile Technology Control Regime ('MTCR') and its participating governments—

"(A) to improve enforcement and seek a common and stricter interpretation among MTCR members of MTCR principles;

"(B) to increase the number of countries that adhere to the MTCR; and

"(C) to increase information sharing among United States agencies and among governments on missile technology transfer, including export licensing, and enforcement activities."

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Commerce, with certain exceptions, by section 2(b) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of Title 22, Foreign Relations and Intercourse.

1 See References in Text note below.
50 U.S.C. § 2371 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 40: DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION / Subchapter V: MISCELLANEOUS / Section 2371: Repealed. Pub. L. 114-113, div. M, title VII, §701(d), Dec. 18, 2015, 129 Stat. 2930
Repealed. Pub. L. 114-113, div. M, title VII, §701(d), Dec. 18, 2015, 129 Stat. 2930
Status: repealed

Section, Pub. L. 111–84, div. A, title X, §1055, Oct. 28, 2009, 123 Stat. 2461; Pub. L. 111–383, div. A, title X, §1075(d)(13), Jan. 7, 2011, 124 Stat. 4373; Pub. L. 112–81, div. A, title X, §1071, Dec. 31, 2011, 125 Stat. 1592, related to report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.
50 U.S.C. § 3609 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 47: NATIONAL SECURITY AGENCY / Section 3609: Enhancement of security authorities
Enhancement of security authorities
Status: in_force

(a) Law enforcement authority

(1) The Director of the National Security Agency may authorize agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40, with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—

(A) at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and

(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet.

(2) The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to agency installations, property, or employees.

(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.

(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1).

(5) Agency personnel authorized by the Director under paragraph (1) may transport an individual apprehended under the authority of this section from the premises at which the individual was apprehended, as described in subparagraph (A) or (B) of paragraph (1), for the purpose of transferring such individual to the custody of law enforcement officials. Such transportation may be provided only to make a transfer of custody at a location within 30 miles of the premises described in subparagraphs (A) and (B) of paragraph (1).

(b) Penalties

The Director of the National Security Agency is authorized to establish penalties for violations of the rules or regulations prescribed by the Director under subsection (a). Such penalties shall not exceed those specified in section 1315(c)(2) of title 40.

(c) Identification of designated personnel

Agency personnel designated by the Director of the National Security Agency under subsection (a) shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) refers.

(d) Tort liability

(1) Notwithstanding any other provision of law, agency personnel designated by the Director of the National Security Agency under subsection (a) shall be considered for purposes of chapter 171 of title 28, or any other provision of law relating to tort liability, to be acting within the scope of their office or employment when such agency personnel take reasonable action, which may include the use of force, to—

(A) protect an individual in the presence of such agency personnel from a crime of violence;

(B) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm;

(C) prevent the escape of any individual whom such agency personnel reasonably believe to have committed a crime of violence in the presence of such agency personnel; or

(D) transport an individual pursuant to subsection (a)(2).

(2) Paragraph (1) shall not affect the authorities of the Attorney General under section 2679 of title 28.

(3) In this subsection, the term "crime of violence" has the meaning given that term in section 16 of title 18.

(Pub. L. 86–36, §11, as added Pub. L. 96–450, title IV, §402(a)(1), Oct. 14, 1980, 94 Stat. 1978; amended Pub. L. 107–108, title V, §506, Dec. 28, 2001, 115 Stat. 1406; Pub. L. 107–306, title VIII, §841(f), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108–177, title III, §377(c), title V, §501, Dec. 13, 2003, 117 Stat. 2630, 2633; Pub. L. 112–87, title IV, §421, Jan. 3, 2012, 125 Stat. 1893.)

Editorial Notes

Codification

Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section.

Amendments

2012—Subsec. (a)(5). Pub. L. 112–87, §421(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "Not later than July 1 each year through 2004, the Director shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report that describes in detail the exercise of the authority granted by this subsection and the underlying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make each such report available to the Inspector General of the National Security Agency."

Subsec. (d)(1)(D). Pub. L. 112–87, §421(b), added subpar. (D).

2003—Subsec. (a)(1). Pub. L. 108–177, §377(c)(1), substituted "officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40" for "special policemen of the General Services Administration perform under the first section of the Act entitled 'An Act to authorize the Federal Works Administrator or officials of the Federal Works Agency duly authorized by him to appoint special policemen for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes' (40 U.S.C. 318)".

Subsec. (b). Pub. L. 108–177, §377(c)(2), substituted "section 1315(c)(2) of title 40" for "the fourth section of the Act referred to in subsection (a) (40 U.S.C. 318c)".

Subsec. (d). Pub. L. 108–177, §501, added subsec. (d).

2002—Subsec. (a)(5). Pub. L. 107–306 inserted "through 2004" after "Not later than July 1 each year".

2001—Pub. L. 107–108 amended section generally. Prior to amendment, section read as follows: "The Administrator of General Services, upon the application of the Director of the National Security Agency, may provide for the protection in accordance with section 318b of title 40, of certain facilities (as designated by the Director of such Agency) which are under the administration and control of, or are used by, the National Security Agency in the same manner as if such facilities were property of the United States over which the United States has acquired exclusive or concurrent criminal jurisdiction."
50 U.S.C. § 4601 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 56: EXPORT ADMINISTRATION / Section 4601: Repealed. Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232
Repealed. Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232
Status: repealed

Section, Pub. L. 96–72, §2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, §102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, §201(a), Dec. 17, 1993, 107 Stat. 2320, set forth Congressional findings with respect to the Export Administration Act of 1979.

Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, §2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, §102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §4(a), Oct. 29, 1974, 88 Stat. 1553, set forth findings of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979.

Statutory Notes and Related Subsidiaries

Short Title of 1985 Amendment

Pub. L. 99–64, §1, July 12, 1985, 99 Stat. 120, provided that: "Titles I and II of this Act [enacting sections 4051 to 4053 of Title 15, Commerce and Trade, section 1864 of Title 19, Customs Duties, and section 466c of Title 46, Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and section 185 of Title 30, Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and 4617 of this title and section 5314 of Title 5] may be cited as the 'Export Administration Amendments Act of 1985'."

Short Title of 1981 Amendment

Pub. L. 97–145, §1, Dec. 29, 1981, 95 Stat. 1727, provided: "That this Act [amending sections 4605, 4610, 4614, and 4620 of this title and enacting provisions set out as notes under sections 4605, 4610, and 4620 of this title] may be cited as the 'Export Administration Amendments Act of 1981'."

Short Title

Pub. L. 96–72, §1, Sept. 29, 1979, 93 Stat. 503, which provided that Pub. L. 96–72, which enacted this chapter, amended section 1732 of Title 7, Agriculture, sections 2778 and 3108 of Title 22, Foreign Relations and Intercourse, section 993 of Title 26, Internal Revenue Code, and sections 6212 and 6274 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under former sections 4606 and 4609 of this title and section 3108 of Title 22, could be cited as the "Export Administration Act of 1979", was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.

Repeal of Export Administration Act of 1979

Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232, provided that: "The Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) (other than sections 11A, 11B, and 11C of such Export Administration Act of 1979 [50 U.S.C. 4611, 4612, 4613]) is repealed."

Implementation of Repeal

Pub. L. 115–232, div. A, title XVII, §1766(b), Aug. 13, 2018, 132 Stat. 2232, provided that: "The President shall implement the amendment made by subsection (a) [repealing sections 4601 to 4610 and 4614 to 4623 of this title, enacting provisions set out as notes under this section, and repealing provisions set out as notes under this section and sections 4606 and 4609 of this title and section 3108 of Title 22, Foreign Relations and Intercourse] by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)."

Transition Provisions

For provisions relating to continuation in effect of delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that had been made, issued, conducted, or allowed to become effective under this chapter as in effect on the day before August 13, 2018, and continuation in effect of certain determinations and references, see section 4826 of this title.

Director of National Intelligence Support for Reviews of International Traffic in Arms Regulations and Export Administration Regulations

Pub. L. 111–259, title IV, §415, Oct. 7, 2010, 124 Stat. 2727, provided that: "The Director of National Intelligence may provide support for any review conducted by a department or agency of the United States Government of the International Traffic in Arms Regulations or Export Administration Regulations, including a review of technologies and goods on the United States Munitions List and Commerce Control List that may warrant controls that are different or additional to the controls such technologies and goods are subject to at the time of such review."

Executive Documents

Ex. Ord. No. 12131. President's Export Council

Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, as amended by Ex. Ord. No. 12551, Feb. 21, 1986, 21 F.R. 6509; Ex. Ord. No. 12991, Mar. 6, 1996, 61 F.R. 9587; Ex. Ord. No. 13138, §5, Sept. 30, 1999, 64 F.R. 53880; Ex. Ord. No. 13316, §5, Sept. 17, 2003, 68 F.R. 55256; Ex. Ord. No. 13596, §1, Dec. 19, 2011, 76 F.R. 80725, provided:

By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to expand the membership of the President's Export Council, in accord with the provisions of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], it is hereby ordered as follows:

1–1. Establishment and Membership

1–101. There is established the President's Export Council.

1–102. The membership of the Council shall be as follows:

(a) The heads of the following executive departments, agencies, or offices, or their representatives:

(1) Department of State.

(2) Department of the Treasury.

(3) Department of Agriculture.

(4) Department of Commerce.

(5) Department of Labor.

(6) Department of Energy.

(7) Department of Transportation.

(8) Department of Homeland Security.

(9) Office of United States Trade Representative.

(10) Export-Import Bank of the United States.

(11) Small Business Administration.

(12) United States Trade and Development Agency.

(13) Overseas Private Investment Corporation [now United States International Development Finance Corporation].

(14) Council of Economic Advisers.

(15) Office of Management and Budget.

(16) National Economic Council.

(17) National Security Staff.

(b) In their discretion, the heads of the following organizations or their designees:

(1) National Governors Association.

(2) United States Conference of Mayors.

(c) Five members of the United States Senate, designated by the President of the Senate, and five members of the United States House of Representatives, designated by the Speaker of the House, to serve for a two-year term.

(d) Not to exceed 28 citizens appointed by the President. These individuals shall be selected from those who are not full-time Federal officers or employees. They shall include representatives of business and industry, agriculture, and labor.

1–103. The President shall designate a Chairman and a Vice Chairman from among the members appointed by the President.

1–104. The Secretary of Commerce, with the concurrence of the Chairman, shall appoint an Executive Director.

1–2. Functions

1–201. The Council shall serve as a national advisory body on matters relating to United States export trade, including advice on the implementation of the President's National Export Policy, which was announced on September 26, 1978. It shall, through the Secretary of Commerce, report to the President on its activities and on its recommendations for expanding United States exports.

1–202. The Council should survey and evaluate the export expansion activities of the communities represented by the membership. It should identify and examine specific problems which business, industrial, and agricultural practices may cause for export trade, and examine the needs of business, industry, and agriculture to expand their efforts. The Council should recommend specific solutions to these problems and needs.

1–203. The Council may act as liaison among the communities represented by the membership; and, may provide a forum for those communities on current and emerging problems and issues in the field of export expansion. The Council should encourage the business, industrial, and agricultural communities to enter new foreign markets and to expand existing export programs.

1–204. The Council shall provide advice on Federal plans and actions that affect export expansion policies which have an impact on those communities represented by the membership.

1–205. The Council may establish, with the concurrence of the Secretary of Commerce, an executive committee and such other subordinate committees it considers necessary for the performance of its functions. The Chairman of a subordinate committee shall be designated, with the concurrence of the Secretary of Commerce, by the Chairman of the Council from among the membership of the Council. Members of subordinate committees shall be appointed by the Secretary of Commerce.

1–3. Administrative Provisions

1–301. The Secretary of Commerce shall, to the extent permitted by law, provide the Council, including its executive and subordinate committees, with administrative and staff services, support and facilities as may be necessary for the effective performance of its functions.

1–302. Each member of the Council, including its executive and subordinate committees, who is not otherwise paid a salary by the Federal Government, shall receive no compensation from the United States by virtue of their service on the Council, but all members may receive the transportation and travel expenses, including per diem in lieu of subsistence, authorized by law (5 U.S.C. 5702 and 5703).

1–4. General Provisions

1–401. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], except that of reporting annually to the Congress, which are applicable to the Council, shall be performed by the Secretary of Commerce in accordance with guidelines and procedures established by the Administrator of General Services.

1–402. Executive Order No. 11753 is revoked; however, nothing in this Order shall be deemed to require new charters for the Council, including its executive and subordinate committees, which were current immediately prior to the issuance of this Order.

1–403. The Council shall terminate on December 31, 1980, unless sooner extended.

[Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of this title.]

Extension of Term of President's Export Council

Term of President's Export Council extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees.

Previous extensions of term of President's Export Council were contained in the following prior Executive Orders:

Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.

Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.

Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.

Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.

Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.

Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013.

Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.

Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.

Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.

Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.

Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003.

Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.

Ex. Ord. No. 13062, §1(m), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999.

Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997.

Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, extended term until Sept. 30, 1995.

Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, extended term until Sept. 30, 1993.

Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, extended term until Sept. 30, 1991.

Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989.

Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987.

Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, extended term until Sept. 30, 1985.

Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984.

Ex. Ord. No. 12258, §1–101(l), Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982.

Ex. Ord. No. 13558. Export Enforcement Coordination Center

Ex. Ord. No. 13558, Nov. 9, 2010, 75 F.R. 69573, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance United States foreign policy and protect the national and economic security of the United States through strengthened and coordinated enforcement of United States export control laws and enhanced intelligence exchange in support of such enforcement efforts, it is hereby ordered as follows:

Section 1. Policy. Export controls are critical to achieving our national security and foreign policy goals. To enhance our enforcement efforts and minimize enforcement conflicts, executive departments and agencies must coordinate their efforts to detect, prevent, disrupt, investigate, and prosecute violations of U.S. export control laws, and must share intelligence and law enforcement information related to these efforts to the maximum extent possible, consistent with national security and applicable law.

Sec. 2. Establishment. (a) The Secretary of Homeland Security shall establish, within the Department of Homeland Security for administrative purposes, an interagency Federal Export Enforcement Coordination Center (Center).

(b) The Center shall coordinate on matters relating to export enforcement among the following:

(i) the Department of State;

(ii) the Department of the Treasury;

(iii) the Department of Defense;

(iv) the Department of Justice;

(v) the Department of Commerce;

(vi) the Department of Energy;

(vii) the Department of Homeland Security;

(viii) the Office of the Director of National Intelligence; and

(ix) other executive branch departments, agencies, or offices as the President, from time to time, may designate.

(c) The Center shall have a Director, who shall be a full-time senior officer or employee of the Department of Homeland Security, designated by the Secretary of Homeland Security. The Center shall have two Deputy Directors, who shall be full-time senior officers or employees of the Department of Commerce and the Department of Justice, designated by the Secretary of Commerce and the Attorney General, respectively, detailed to the Center and reporting to the Director. The Center shall also have an Intelligence Community Liaison, who shall be a full-time senior officer or employee of the Federal Government, designated by the Director of National Intelligence, and detailed or assigned to the Center.

(d) The Center shall have a full-time staff reporting to the Director. To the extent permitted by law, executive departments and agencies enumerated in subsection (b) of this section are encouraged to detail or assign their employees to the Center without reimbursement.

Sec. 3. Functions. The Center shall:

(a) serve as the primary forum within the Federal Government for executive departments and agencies to coordinate and enhance their export control enforcement efforts and identify and resolve conflicts that have not been otherwise resolved in criminal and administrative investigations and actions involving violations of U.S. export control laws;

(b) serve as a conduit between Federal law enforcement agencies and the U.S. Intelligence Community for the exchange of information related to potential U.S. export control violations;

(c) serve as a primary point of contact between enforcement authorities and agencies engaged in export licensing;

(d) coordinate law enforcement public outreach activities related to U.S. export controls; and

(e) establish Government-wide statistical tracking capabilities for U.S. criminal and administrative export control enforcement activities, to be conducted by the Department of Homeland Security with information provided by and shared with all relevant departments and agencies participating in the Center.

Sec. 4. Administration. (a) The Department of Homeland Security shall operate and provide funding and administrative support for the Center to the extent permitted by law and subject to the availability of appropriations.

(b) The Director of the Center shall convene and preside at the Center's meetings, determine its agenda, direct the work of the Center, and, as appropriate to particular subject matters, organize and coordinate subgroups of the Center's members.

Sec. 5. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law, regulation, Executive Order, or Presidential Directive to an executive department, agency, or head thereof; or

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

(c) Nothing in this order shall be construed to provide exclusive or primary investigative authority to any agency. Agencies shall continue to investigate criminal and administrative export violations consistent with their existing authorities, jointly or separately, with coordination through the Center to enhance enforcement efforts and minimize potential for conflict.

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

Barack Obama.
50 U.S.C. § 451 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 16: DEFENSE INDUSTRIAL RESERVES / Section 451: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Sections 451, 452, and 453 of this title were transferred to section 2535 of Title 10, Armed Forces, and redesignated as subsecs. (a), (c), and (b), respectively, of section 2535 by Pub. L. 102–484, div. D, title XLII, §4235(a)(2), (3), (b), Oct. 23, 1992, 106 Stat. 2690, 2691. Section 2535 of Title 10 was transferred and renumbered as section 4881 of that title by Pub. L. 116–283, div. A, title XVIII, §1870(e)(2)(A), Jan. 1, 2021, 134 Stat. 4286.

Section 451, acts July 2, 1948, ch. 811, §2, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93–155, title VIII, §809, 87 Stat. 617, related to Congressional declaration of purpose and policy in enacting this chapter.

Section 452, acts July 2, 1948, ch. 811, §3, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93–155, title VIII, §809, 87 Stat. 617, defined "Secretary", "Defense Industrial Reserve", and "plant equipment package" for purposes of this chapter.

Section 453, acts July 2, 1948, ch. 811, §4, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93–155, title VIII, §809, 87 Stat. 617; Nov. 14, 1986, Pub. L. 99–661, div. A, title XIII, §1359(a), 100 Stat. 3999, related to powers and duties of Secretary of Defense, reimbursement for transferred Defense Industrial Reserve equipment, and regulations.

Statutory Notes and Related Subsidiaries

Short Title

Act July 2, 1948, ch. 811, §1, 62 Stat. 1225, as amended by Pub. L. 93–155, title VIII, §809, Nov. 16, 1973, 87 Stat. 617, provided: "That this Act [enacting this chapter] may be cited as the 'Defense Industrial Reserve Act'."
50 U.S.C. § 3612 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 47: NATIONAL SECURITY AGENCY / Section 3612: Availability of appropriations
Availability of appropriations
Status: in_force

Funds appropriated to an entity of the Federal Government other than an element of the Department of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years.

(Pub. L. 86–36, §14, as added Pub. L. 97–89, title VI, §603, Dec. 4, 1981, 95 Stat. 1158.)

Editorial Notes

Codification

Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces.
50 U.S.C. § 3731 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 48: DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION / Subchapter II: RESTRICTIONS AND LIMITATIONS / Section 3731: Prohibition on use of funds for specified purposes
Prohibition on use of funds for specified purposes
Status: in_force

(a) In general

Cooperative Threat Reduction funds may not be obligated or expended for any of the following purposes:

(1) Conducting any peacekeeping exercise or other peacekeeping-related activity.

(2) Provision of housing.

(3) Provision of assistance to promote environmental restoration.

(4) Provision of assistance to promote job retraining.

(5) Provision of assistance to promote defense conversion.

(b) Limitation with respect to conventional weapons

Cooperative Threat Reduction funds may not be obligated or expended for the elimination of—

(1) conventional weapons; or

(2) delivery vehicles of conventional weapons, unless such delivery vehicles could reasonably be used or adapted to be used for the delivery of chemical, nuclear, or biological weapons.

(Pub. L. 113–291, div. A, title XIII, §1331, Dec. 19, 2014, 128 Stat. 3601.)
50 U.S.C. § 2794 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter VIII: ADMINISTRATIVE MATTERS / Section 2794: Critical technology partnerships and cooperative research and development centers
Critical technology partnerships and cooperative research and development centers
Status: in_force

(a) Partnerships

For the purpose of facilitating the transfer of technology, the Secretary of Energy shall ensure, to the maximum extent practicable, that research on and development of dual-use critical technology carried out through atomic energy defense activities is conducted through cooperative research and development agreements, or other arrangements, that involve laboratories of the Department of Energy and other entities.

(b) Cooperative research and development centers

(1) Subject to the availability of appropriations provided for such purpose, the Administrator shall establish a cooperative research and development center described in paragraph (2) at each national security laboratory.

(2) A cooperative research and development center described in this paragraph is a center to foster collaborative scientific research, technology development, and the appropriate transfer of research and technology to users in addition to the national security laboratories.

(3) In establishing a cooperative research and development center under this subsection, the Administrator—

(A) shall enter into cooperative research and development agreements with governmental, public, academic, or private entities; and

(B) may enter into a contract with respect to constructing, purchasing, managing, or leasing buildings or other facilities.

(c) Definitions

In this section:

(1) The term "dual-use critical technology" means a technology—

(A) that is critical to atomic energy defense activities, as determined by the Secretary of Energy;

(B) that has military applications and nonmilitary applications; and

(C) that is a defense critical technology (as defined in section 4801 of title 10).

(2) The term "cooperative research and development agreement" has the meaning given that term by section 3710a(d) of title 15.

(3) The term "other entities" means—

(A) firms, or a consortium of firms, that are eligible to participate in a partnership or other arrangement with a laboratory of the Department of Energy, as determined in accordance with applicable law and regulations; or

(B) firms, or a consortium of firms, described in subparagraph (A) in combination with one or more of the following:

(i) Institutions of higher education in the United States.

(ii) Departments and agencies of the Federal Government other than the Department of Energy.

(iii) Agencies of State governments.

(iv) Any other persons or entities that may be eligible and appropriate, as determined in accordance with applicable laws and regulations.

(4) The term "atomic energy defense activities" does not include activities covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program.

(Pub. L. 107–314, div. D, title XLVIII, §4813, formerly Pub. L. 102–190, div. C, title XXXI, §3136, Dec. 5, 1991, 105 Stat. 1577; Pub. L. 103–35, title II, §203(b)(3), May 31, 1993, 107 Stat. 102; renumbered Pub. L. 107–314, div. D, title XLVIII, §4813, by Pub. L. 108–136, div. C, title XXXI, §3141(k)(8), Nov. 24, 2003, 117 Stat. 1785; Pub. L. 111–383, div. C, title XXXI, §3115(a), Jan. 7, 2011, 124 Stat. 4511; Pub. L. 112–239, div. C, title XXXI, §3131(x), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, §3146(i)(5), Dec. 26, 2013, 127 Stat. 1082; Pub. L. 113–291, div. C, title XXXI, §3142(t), Dec. 19, 2014, 128 Stat. 3901; Pub. L. 117–81, div. A, title XVII, §1702(k)(3)(B), Dec. 27, 2021, 135 Stat. 2160.)

Editorial Notes

References in Text

Executive Order No. 12344, dated February 1, 1982, referred to in subsec. (c)(4), is set out as a note under section 2511 of this title.

Codification

Section was formerly classified to section 2123 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2021—Subsec. (c)(1)(C). Pub. L. 117–81 substituted "section 4801" for "section 2500".

2014—Subsec. (a). Pub. L. 113–291 substituted "that research on and development of dual-use critical technology carried out through atomic energy defense activities" for "that atomic energy defense activities research on, and development of, any dual-use critical technology".

2013—Subsec. (b)(1). Pub. L. 113–66, §3146(i)(5)(A), struck out "for Nuclear Security" after "Administrator".

Subsec. (c)(1)(C). Pub. L. 113–66, §3146(i)(5)(B)(i), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: "that either—

"(i)(I) appears on the list of national critical technologies contained in a biennial report on national critical technologies submitted to Congress by the President pursuant to section 6683(d) of title 42; and

"(II) has not been expressly deleted from such list by such a report subsequently submitted to Congress by the President; or

"(ii)(I) appears on the list of critical technologies contained in an annual defense critical technologies plan submitted to Congress by the Secretary of Defense pursuant to section 2506 of title 10; and

"(II) has not been expressly deleted from such list by such a plan subsequently submitted to Congress by the Secretary."

Subsec. (c)(3)(B)(iii). Pub. L. 113–66, §3146(i)(5)(B)(ii), substituted "governments" for "Governments".

Subsec. (c)(5). Pub. L. 112–239 struck out par. (5) which read as follows: "The term 'national security laboratory' has the meaning given that term in section 2471 of this title."

2011—Pub. L. 111–383, §3115(a)(3), inserted "and cooperative research and development centers" after "partnerships" in section catchline.

Subsecs. (b), (c). Pub. L. 111–383, §3115(a)(1), added subsec. (b) and redesignated former subsec. (b) as (c).

Subsec. (c)(5). Pub. L. 111–383, §3115(a)(2), added par. (5).

1993—Subsec. (b)(1)(C)(ii)(I). Pub. L. 103–35 substituted "section 2506 of title 10" for "section 2522 of title 10".

Statutory Notes and Related Subsidiaries

Pilot Program on Technology Commercialization

Pub. L. 112–239, div. C, title XXXI, §3165, Jan. 2, 2013, 126 Stat. 2207, provided that:

"(a) Pilot Program.—The Secretary of Energy, in consultation with the Technology Transfer Coordinator appointed under section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), may carry out a pilot program at a national security laboratory for the purpose of accelerating technology transfer from such laboratories to the marketplace with respect to technologies that directly advance the mission of the National Nuclear Security Administration.

"(b) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act [Jan. 2, 2013].

"(c) Reports.—

"(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the pilot program under subsection (a).

"(2) Elements.—The report under paragraph (1) shall include the following:

"(A) An identification of opportunities for accelerating technology transfer from national security laboratories to the marketplace.

"(B) If the Secretary chooses to carry out the pilot program under subsection (a), a description of the plan to carry out such program.

"(C) If the Secretary chooses not to carry out the pilot program under subsection (a), a description of why the program will not be carried out.

"(d) Definitions.—In this section:

"(1) The term 'appropriate congressional committees' means the following:

"(A) The Committees on Armed Services of the Senate and House of Representatives.

"(B) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.

"(C) The Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.

"(2) The term 'national security laboratory' has the meaning given that term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)."
50 U.S.C. § 3236 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 44: NATIONAL SECURITY / Subchapter IX: ADDITIONAL MISCELLANEOUS PROVISIONS / Section 3236: Inspector General external review panel
Inspector General external review panel
Status: in_force

(a) Request for review

An individual with a claim described in subsection (b) may submit to the Inspector General of the Intelligence Community a request for a review of such claim by an external review panel convened under subsection (c).

(b) Claims and individuals described

A claim described in this subsection is any—

(1) claim by an individual—

(A) that the individual has been subjected to a personnel action that is prohibited under section 3234 of this title; and

(B) who has exhausted the applicable review process for the claim pursuant to enforcement of such section; or

(2) claim by an individual—

(A) that he or she has been subjected to a reprisal prohibited by paragraph (1) of section 3341(j) of this title; and

(B) who received a decision on an appeal regarding that claim under paragraph (4) of such section.

(c) External review panel convened

(1) Discretion to convene

Upon receipt of a request under subsection (a) regarding a claim, the Inspector General of the Intelligence Community may, at the discretion of the Inspector General, convene an external review panel under this subsection to review the claim.

(2) Membership

(A) Composition

An external review panel convened under this subsection shall be composed of three members as follows:

(i) The Inspector General of the Intelligence Community.

(ii) Except as provided in subparagraph (B), two members selected by the Inspector General as the Inspector General considers appropriate on a case-by-case basis from among inspectors general of the following:

(I) The Department of Defense.

(II) The Department of Energy.

(III) The Department of Homeland Security.

(IV) The Department of Justice.

(V) The Department of State.

(VI) The Department of the Treasury.

(VII) The Central Intelligence Agency.

(VIII) The Defense Intelligence Agency.

(IX) The National Geospatial-Intelligence Agency.

(X) The National Reconnaissance Office.

(XI) The National Security Agency.

(B) Limitation

An inspector general of an agency may not be selected to sit on the panel under subparagraph (A)(ii) to review any matter relating to a decision made by such agency.

(C) Chairperson

(i) In general

Except as provided in clause (ii), the chairperson of any panel convened under this subsection shall be the Inspector General of the Intelligence Community.

(ii) Conflicts of interest

If the Inspector General of the Intelligence Community finds cause to recuse himself or herself from a panel convened under this subsection, the Inspector General of the Intelligence Community shall—

(I) select a chairperson from inspectors general of the elements listed under subparagraph (A)(ii) whom the Inspector General of the Intelligence Community considers appropriate; and

(II) notify the congressional intelligence committees of such selection.

(3) Period of review

Each external review panel convened under this subsection to review a claim shall complete review of the claim no later than 270 days after the date on which the Inspector General convenes the external review panel.

(d) Remedies

(1) Panel recommendations

If an external review panel convened under subsection (c) determines, pursuant to a review of a claim submitted by an individual under subsection (a), that the individual was the subject of a personnel action prohibited under section 3234 of this title or was subjected to a reprisal prohibited by section 3341(j)(1) of this title, the panel may recommend that the agency head take corrective action—

(A) in the case of an employee or former employee—

(i) to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the reprisal not occurred; or

(ii) reconsider the employee's or former employee's eligibility for access to classified information consistent with national security; or

(B) in any other case, such other action as the external review panel considers appropriate.

(2) Agency action

(A) In general

Not later than 90 days after the date on which the head of an agency receives a recommendation from an external review panel under paragraph (1), the head shall—

(i) give full consideration to such recommendation; and

(ii) inform the panel and the Director of National Intelligence of what action the head has taken with respect to the recommendation.

(B) Failure to inform

The Director shall notify the President of any failures to comply with subparagraph (A)(ii).

(e) Annual reports

(1) In general

Not less frequently than once each year, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees and the Director of National Intelligence a report on the activities under this section during the previous year.

(2) Contents

Subject to such limitations as the Inspector General of the Intelligence Community considers necessary to protect the privacy of an individual who has made a claim described in subsection (b), each report submitted under paragraph (1) shall include, for the period covered by the report, the following:

(A) The determinations and recommendations made by the external review panels convened under this section.

(B) The responses of the heads of agencies that received recommendations from the external review panels.

(July 26, 1947, ch. 343, title XI, §1106, as added Pub. L. 116–92, div. E, title LIII, §5332(a)(1), Dec. 20, 2019, 133 Stat. 2137.)
50 U.S.C. § 4331 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 53: TRADING WITH THE ENEMY / Section 4331: Payment of debts
Payment of debts
Status: in_force

(a) Claims allowable; defenses

Any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the net proceeds thereof, shall be equitably applied by the Custodian in accordance with the provisions of this section to the payment of debts owed by the person who owned such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian. No debt claim shall be allowed under this section if it was not due and owing at the time of such vesting or transfer, or if it arose from any action or transactions prohibited by or pursuant to this chapter and not licensed or otherwise authorized pursuant thereto, or (except in the case of debt claims acquired by the Custodian) if it was at the time of such vesting or transfer due and owing to any person who has since the beginning of the war been convicted of violation of this chapter, as amended, sections 1 to 6 of the Criminal Code, title I of the Act of June 15, 1917 (ch. 30, 40 Stat. 217), as amended; the Act of April 20, 1918 (ch. 59, 40 Stat. 534), as amended; the Act of June 8, 1934 1 (ch. 327, 52 Stat. 631), as amended; the Act of January 12, 1938 (ch. 2, 52 Stat. 3); title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670); the Act of October 17, 1940 (ch. 897, 54 Stat. 1201); or the Act of June 25, 1942 (ch. 447, 56 Stat. 390). Any defense to the payment of such claims which would have been available to the debtor shall be available to the Custodian, except that the period from and after the beginning of the war shall not be included for the purpose of determining the application of any statute of limitations. Debt claims allowable hereunder shall include only those of citizens of the United States or of the Philippine Islands; those of corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia or the Philippine Islands; those of other natural persons who are and have been since the beginning of the war residents of the United States and who have not during the war been interned or paroled pursuant to the Alien Enemy Act; and those acquired by the Custodian. Legal representatives (whether or not appointed by a court in the United States) or successors in interest by inheritance, devise, bequest, or operation of law or debt claimants, other than persons who would themselves be disqualified hereunder from allowance of a debt claim, shall be eligible for payment to the same extent as their principals or predecessors would have been.

(b) Time limit for filing claims; extension; notice

The Custodian shall fix a date or dates after which the filing of debt claims in respect of any or all debtors shall be barred, and may extend the time so fixed, and shall give at least sixty days' notice thereof by publication in the Federal Register. In no event shall the time extend beyond the expiration of two years from the date of the last vesting in or transfer to the Custodian of any property or interest of a debtor in respect of whose debts the date is fixed, or from August 8, 1946, whichever is later. No debt shall be paid prior to the expiration of one hundred and twenty days after publication of the first such notice in respect of the debtor, nor in any event shall any payment of a debt claim be made out of any property or interest or proceeds in respect of which a suit or proceeding pursuant to this chapter for return is pending and was instituted prior to the expiration of such one hundred and twenty days.

(c) Examination of claims

The Custodian shall examine the claims, and such evidence in respect thereof as may be presented to him or as he may introduce into the record, and shall make a determination, with respect to each claim, of allowance or disallowance, in whole or in part.

(d) Funds for debt payments

Payment of debt claims shall be made only out of such money included in, or received as net proceeds from the sale, use, or other disposition of, any property or interest owned by the debtor immediately prior to its vesting in or transfer to the Alien Property Custodian, as shall remain after deduction of (1) the amount of the expenses of the Office of Alien Property Custodian (including both expenses in connection with such property or interest or proceeds thereof, and such portion as the Custodian shall fix of the other expenses of the Office of Alien Property Custodian), and of taxes, as defined in section 4333 of this title, paid by the Custodian in respect of such property or interest or proceeds, and (2) such amount, if any, as the Custodian may establish as a cash reserve for the future payment of such expenses and taxes. If the money available hereunder for the payment of debt claims against the debtor is insufficient for the satisfaction of all claims allowed by the Custodian, ratable payments shall be made in accordance with subsection (g) hereof to the extent permitted by the money available and additional payments shall be made whenever the Custodian shall determine that substantial further money has become available, through liquidation of any such property or interest or otherwise. The Custodian shall not be required through any judgment of any court, levy of execution, or otherwise to sell or liquidate any property or interest vested in or transferred to him, for the purpose of paying or satisfying any debt claim.

(e) Amount payable; disallowance; notice; review; additional evidence; judgment

If the aggregate of debt claims filed as prescribed does not exceed the money from which, in accordance with subsection (d) of this section, payment may be made, the Custodian shall pay each claim to the extent allowed, and shall serve by registered mail, on each claimant whose claim is disallowed in whole or in part, a notice of such disallowance. Within sixty days after the date of mailing of the Custodian's determination, any debt claimant whose claim has been disallowed in whole or in part may file in the United States District Court for the District of Columbia a complaint for review of such disallowance naming the Custodian as defendant. Such complaint shall be served on the Custodian. The Custodian, within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings in the Office of Alien Property Custodian with respect to the claim in question. Upon good cause shown such time may be extended by the court. Such record shall include the claim as filed, such evidence with respect thereto as may have been presented to the Custodian or introduced into the record by him, and the determination of the Custodian with respect thereto, including any findings made by him. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the Custodian, or could not reasonably have been adduced before him or was not available to him. The court shall enter judgment affirming, modifying, or reversing the Custodian's determination, and directing payment in the amount, if any, which it finds due.

(f) Pro rata payments; notice; review; additional evidence; intervention; judgment

If the aggregate of debt claims filed as prescribed exceeds the money from which, in accordance with subsection (d) hereof, payment may be made, the Custodian shall prepare and serve by registered mail on all claimants a schedule of all debt claims allowed and the proposed payment to each claimant. In preparing such schedule, the Custodian shall assign priorities in accordance with the provisions of subsection (g) hereof. Within sixty days after the date of mailing of such schedule, any claimant considering himself aggrieved may file in the United States District Court for the District of Columbia a complaint for review of such schedule, naming the Custodian as defendant. A copy of such complaint shall be served upon the Custodian and on each claimant named in the schedule. The Custodian, within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings in the Office of Alien Property Custodian with respect to such schedule. Upon good cause shown such time may be extended by the court. Such record shall include the claims in question as filed, such evidence with respect thereto as may have been presented to the Custodian or introduced into the record by him, any findings or other determinations made by the Custodian with respect thereto, and the schedule prepared by the Custodian. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the Custodian or could not reasonably have been adduced before him or was not available to him. Any interested debt claimant who has filed a claim with the Custodian pursuant to this section, upon timely application to the court, shall be permitted to intervene in such review proceedings. The court shall enter judgment affirming or modifying the schedule as prepared by the Custodian and directing payment, if any be found due, pursuant to the schedule as affirmed or modified and to the extent of the money from which, in accordance with subsection (d) hereof, payment may be made. Pending the decision of the court on such complaint for review, and pending final determination of any appeal from such decision, payment may be made only to an extent, if any, consistent with the contentions of all claimants for review.

(g) Priority of claims

Debt claims shall be paid in the following order of priority: (1) Wage and salary claims, not to exceed $600; (2) claims entitled to priority under sections 3713(a) and 9309 of title 31, except as provided in subsection (h) hereof, (3) all other claims for services rendered, for expenses incurred in connection with such services, for rent, for goods and materials delivered to the debtor, and for payments made to the debtor for goods or services not received by the claimant; (4) all other debt claims. No payment shall be made to claimants within a subordinate class unless the money from which, in accordance with subsection (d) hereof, payment may be made permits payment in full of all allowed claims in every prior class.

(h) Priority as debt due United States

No debt of any kind shall be entitled to priority under any law of the United States or any State, Territory, or possession thereof, or the District of Columbia, solely by reason of becoming a debt due or owing to the United States as a result of its acquisition by the Alien Property Custodian.

(i) Exclusiveness of relief

The sole relief and remedy available to any person seeking satisfaction of a debt claim out of any property or interest which shall have been vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the proceeds thereof, shall be the relief and remedy provided in this section, and suits for the satisfaction of debt claims shall not be instituted, prosecuted, or further maintained except in conformity with this section: Provided, That no person asserting any interest, right, or title in any property or interest or proceeds acquired by the Alien Property Custodian, shall be barred from proceeding pursuant to this chapter for the return thereof, by reason of any proceeding which he may have brought pursuant to this section; nor shall any security interest asserted by the creditor in any such property or interest or proceeds be deemed to have been waived solely by reason of such proceeding. The Alien Property Custodian shall treat all debt claims now filed with him as claims filed pursuant to this section. Nothing contained in this section shall bar any person from the prosecution of any suit at law or in equity against the original debtor or against any other person who may be liable for the payment of any debt for which a claim might have been filed hereunder. No purchaser, lessee, licensee, or other transferee of any property or interest from the Alien Property Custodian shall, solely by reason of such purchase, lease, license, or transfer, become liable for the payment of any debt owed by the person who owned such property or interest prior to its vesting in or transfer to the Alien Property Custodian. Payment by the Alien Property Custodian to any debt claimant shall constitute, to the extent of payment, a discharge of the indebtedness represented by the claim.

(Oct. 6, 1917, ch. 106, §34, as added Dec. 18, 1941, ch. 593, title III, §305, as added Aug. 8, 1946, ch. 878, §1, 60 Stat. 925; amended June 25, 1948, ch. 646, §32(a), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (b), and (i), 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.

Sections 1 to 6 of the Criminal Code, referred to in subsec. (a), are sections 1 to 6 of act Mar. 4, 1909, ch. 321, 35 Stat. 1088, which were classified to sections 1 to 6 of former Title 18, Criminal Code and Criminal Procedure, prior to repeal and reenactment as sections 953 and 2381 to 2384 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §21, 62 Stat. 862.

Title I of act of June 15, 1917 (ch. 30, 40 Stat. 217), referred to in subsec. (a), is title I of act June 15, 1917, ch. 30, 40 Stat. 217, which was classified to sections 31 to 38 of this title, prior to repeal by act June 25, 1948, ch. 645, §21, 62 Stat. 862, and reenactment as sections 792 to 794 and 2388 of Title 18, Crimes and Criminal Procedure.

Act of April 20, 1918 (ch. 59, 40 Stat. 534), referred to in subsec. (a), is act Apr. 20, 1918, ch. 59, 40 Stat. 534, which was classified to sections 101 to 106 of this title, prior to repeal by act June 25, 1948, ch. 645, §21, 62 Stat. 862, and reenactment as sections 2151 and 2153 to 2156 of Title 18, Crimes and Criminal Procedure.

Act of June 8, 1934 (ch. 327, 52 Stat. 631), referred to in subsec. (a), probably means act June 8, 1938, ch. 327, 52 Stat. 631, known as the Foreign Agents Registration Act of 1938, which is classified generally to subchapter II (§611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.

Act January 12, 1938 (ch. 2, 52 Stat. 3), referred to in subsec. (a), is act Jan. 12, 1938, ch. 2, 52 Stat. 3, which was classified to sections 45 to 45d of this title, prior to repeal by act June 25, 1948, ch. 645, §21, 62 Stat. 862, and reenactment as sections 791 and 795 to 797 of Title 18, Crimes and Criminal Procedure.

Title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670), referred to in subsec. (a), is title I of act June 28, 1940, ch. 439, 54 Stat. 670, which was classified to sections 9 to 13 of former Title 18, Criminal Code and Criminal Procedure, prior to repeal and reenactment as sections 2385 and 2387 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §21, 62 Stat. 862.

Act October 17, 1940 (ch. 897, 54 Stat. 1201), referred to in subsec. (a), is act Oct. 17, 1940, ch. 897, 54 Stat. 1201, which was classified to sections 14 to 17 of former Title 18, Criminal Code and Criminal Procedure, prior to repeal and reenactment as section 2386 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §21, 62 Stat. 862.

Act of June 25, 1942 (ch. 447, 56 Stat. 390), referred to in subsec. (a), is act June 25, 1942, ch. 447, 56 Stat. 390, which was classified to sections 781 to 785 of the former Appendix to this title and was omitted from the Code as terminated.

The Alien Enemy Act, referred to in subsec. (a), probably means sections 4067 to 4070 of the Revised Statutes, which are classified to sections 21 to 24 of this title.

Codification

In subsec. (g), "sections 3713(a) and 9309 of title 31" substituted for "sections 191 and 193 of title 31 of the United States Code" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Section was formerly classified to section 34 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior to classification as section 34, section was formerly classified to section 620 of the former Appendix to this title.

Statutory Notes and Related Subsidiaries

Change of Name

In subsecs. (e) and (f), "United States District Court for the District of Columbia" substituted for "the district court of the United States for the District of Columbia" on authority of act June 25, 1948, as amended by act May 24, 1949.

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.

1 So in original. Probably should be "1938".
50 U.S.C. § 3918 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 50: SERVICEMEMBERS CIVIL RELIEF / Subchapter I: GENERAL PROVISIONS / Section 3918: Waiver of rights pursuant to written agreement
Waiver of rights pursuant to written agreement
Status: in_force

(a) In general

A servicemember may waive any of the rights and protections provided by this chapter. Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. In the case of a waiver that permits an action described in subsection (b), the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the servicemember's period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the servicemember is not a party to that instrument, the servicemember concerned.

(b) Actions requiring waivers in writing

The requirement in subsection (a) for a written waiver applies to the following:

(1) The modification, termination, or cancellation of—

(A) a contract, lease, or bailment; or

(B) an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage.

(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that—

(A) is security for any obligation; or

(B) was purchased or received under a contract, lease, or bailment.

(c) Prominent display of certain contract rights waivers

Any waiver in writing of a right or protection provided by this chapter that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.

(d) Coverage of periods after orders received

For the purposes of this section—

(1) a person to whom section 3917 of this title applies shall be considered to be a servicemember; and

(2) the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 3917 of this title shall be considered to be a period of military service.

(Oct. 17, 1940, ch. 888, title I, §107, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 108–454, title VII, §702, Dec. 10, 2004, 118 Stat. 3624.)

Editorial Notes

Codification

Section was formerly classified to section 517 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 107 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, §4, 56 Stat. 770, related to effect on rights and remedies pursuant to written agreements entered after commencement of military service, prior to the general amendment of this Act by Pub. L. 108–189.

Amendments

2004—Subsec. (a). Pub. L. 108–454, §702(1), inserted after first sentence: "Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies."

Subsecs. (c), (d). Pub. L. 108–454, §702(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

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.
50 U.S.C. § 22 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 3: ALIEN ENEMIES / Section 22: Time allowed to settle affairs and depart
Time allowed to settle affairs and depart
Status: in_force

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

(R.S. §4068.)

Editorial Notes

Codification

R.S. §4068 derived from acts July 6, 1798, ch. 66, §1, 1 Stat. 577; July 6, 1812, ch. 130, 2 Stat. 781.
50 U.S.C. § 2402 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 41: NATIONAL NUCLEAR SECURITY ADMINISTRATION / Subchapter I: ESTABLISHMENT AND ORGANIZATION / Section 2402: Administrator for Nuclear Security
Administrator for Nuclear Security
Status: in_force

(a) In general

(1) There is at the head of the Administration an Administrator for Nuclear Security (in this chapter referred to as the "Administrator").

(2) Pursuant to subsection (c) of section 7132 of title 42, the Under Secretary for Nuclear Security of the Department of Energy serves as the Administrator.

(b) Functions

The Administrator has authority over, and is responsible for, all programs and activities of the Administration (except for the functions of the Deputy Administrator for Naval Reactors specified in the Executive order referred to in section 2406(b) of this title), including the following:

(1) Strategic management.

(2) Policy development and guidance.

(3) Budget formulation, guidance, and execution, and other financial matters.

(4) Resource requirements determination and allocation.

(5) Program management and direction.

(6) Safeguards and security.

(7) Emergency management and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents.

(8) Integrated safety management.

(9) Environment, safety, and health operations.

(10) Administration of contracts, including the management and operations of the nuclear weapons production facilities and the national security laboratories.

(11) Intelligence.

(12) Counterintelligence.

(13) Personnel, including the selection, appointment, distribution, supervision, establishing of compensation, and separation of personnel in accordance with subchapter III of this chapter.

(14) Procurement of services of experts and consultants in accordance with section 3109 of title 5.

(15) Legal matters.

(16) Legislative affairs.

(17) Public affairs.

(18) Eliminating inventories of surplus fissile materials usable for nuclear weapons.

(19) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.

(20) Information resources management, including cybersecurity.

(c) Procurement authority

The Administrator is the senior procurement executive for the Administration for the purposes of section 1702(c) of title 41.

(d) Policy authority

The Administrator may establish Administration-specific policies, unless disapproved by the Secretary of Energy.

(e) Membership on Nuclear Weapons Council

The Administrator serves as a member of the Nuclear Weapons Council under section 179 of title 10.

(f) Reorganization authority

Except as provided by subsections (b) and (c) of section 2481 of this title:

(1) The Administrator may establish, abolish, alter, consolidate, or discontinue any organizational unit or component of the Administration, or transfer any function of the Administration.

(2) Such authority does not apply to the abolition of organizational units or components established by law or the transfer of functions vested by law in any organizational unit or component.

(Pub. L. 106–65, div. C, title XXXII, §3212, Oct. 5, 1999, 113 Stat. 957; Pub. L. 106–398, §1 [div. C, title XXXI, §§3152(b), 3159(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–464, 1654A–469; Pub. L. 107–107, div. A, title X, §1048(i)(12), Dec. 28, 2001, 115 Stat. 1230; Pub. L. 108–375, div. A, title IX, §902(e), Oct. 28, 2004, 118 Stat. 2025; Pub. L. 110–417, div. C, title XXXI, §3111, Oct. 14, 2008, 122 Stat. 4753; Pub. L. 112–239, div. C, title XXXI, §3132(d)(1), Jan. 2, 2013, 126 Stat. 2187; Pub. L. 113–66, div. C, title XXXI, §3145(a), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 118–31, div. C, title XXXI, §§3111(1), 3112(b), Dec. 22, 2023, 137 Stat. 788.)

Editorial Notes

Amendments

2023—Subsec. (b)(7). Pub. L. 118–31, §3112(b), inserted "and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents" after "management".

Subsec. (b)(20). Pub. L. 118–31, §3111(1), added par. (20).

2013—Subsec. (a)(2). Pub. L. 112–239 made technical amendment to reference in original act which appears in text as reference to section 7132 of title 42.

Subsec. (c). Pub. L. 113–66 substituted "section 1702(c) of title 41" for "section 414(3) of title 41".

2008—Subsec. (b)(18), (19). Pub. L. 110–417 added par. (18) and redesignated former par. (18) as (19).

2004—Subsec. (e). Pub. L. 108–375 struck out "Joint" before "Nuclear" in heading and text.

2001—Subsecs. (e), (f). Pub. L. 107–107 redesignated subsec. (e), relating to reorganization authority, as (f).

2000—Subsec. (e). Pub. L. 106–398, §1 [div. C, title XXXI, §3159(a)], added subsec. (e) relating to reorganization authority.

Pub. L. 106–398, §1 [div. C, title XXXI, §3152(b)], added subsec. (e) relating to membership on Joint Nuclear Weapons Council.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Infrastructure Modernization Initiative

Pub. L. 115–91, div. C, title XXXI, §3111(b), Dec. 12, 2017, 131 Stat. 1881, as amended by Pub. L. 117–81, div. C, title XXXI, §3116, Dec. 27, 2021, 135 Stat. 2227, provided that:

"(1) Establishment.—Not later than 30 days after the date of the enactment of this Act [Dec. 12, 2017], the Administrator for Nuclear Security shall establish and carry out a program, to be known as the 'Infrastructure Modernization Initiative', to reduce the backlog of deferred maintenance and repair needs of the nuclear security enterprise (as defined in section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6))). In carrying out that program, the Administrator shall establish and execute infrastructure modernization milestones that reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030.

"(2) Authorities.—

"(A) Process.—

"(i) In general.—The Secretary of Energy shall provide to the Administrator a process that will enhance or streamline the ability of the Administrator to carry out the program under paragraph (1) in an efficient and effective manner, including with respect to—

"(I) the demolition or construction of non-nuclear facilities of the Administration that have a total estimated project cost of less than $100,000,000; and

"(II) the decontamination, decommissioning, and demolition (to be performed in accordance with applicable health and safety standards used by the Defense Environmental Cleanup Program) of process-contaminated facilities of the Administration that have a total estimated project cost of less than $75,000,000.

"(ii) Funding.—Clause (i) may be carried out using amounts authorized to be appropriated for fiscal year 2018 or any subsequent fiscal year.

"(B) Application of certain requirements.—For purposes of the Management Procedures Memorandum 2015–01 of the Office of Management and Budget, or a successor memorandum, in carrying out the program under paragraph (1), the Administrator may—

"(i) perform new construction during a fiscal year that differs from the fiscal year of corresponding facility demolition;

"(ii) perform demolition of different facility category codes and have that demolition credit count towards the construction of new facilities with a different facility category code; and

"(iii) have the net reduction in infrastructure footprint for the five fiscal years prior to the date of the enactment of this Act [Dec. 12, 2017], and the demolition during the five fiscal years following such date of enactment, considered as a factor for the purpose of meeting the intent of such memorandum.

"(3) Plan required.—Not later than March 1, 2022, the Administrator shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to carry out the program under paragraph (1) to achieve the goal specified in such paragraph. Such plan shall include—

"(A) the funding required to carry out the program during the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453);

"(B) the criteria for selecting and prioritizing projects within the program under paragraph (1);

"(C) mechanisms for ensuring the robust management and oversight of such projects;

"(D) a description of the process provided to the Administrator to carry out the program pursuant to paragraph (2)(A); and

"(E) a description of any legislative actions the Administrator recommends to further enhance or streamline authorities or processes relating to the program.

"(4) Reassessment.—Not later than February 1, 2023, the Administrator shall reassess the program under paragraph (1) and, as appropriate, develop and establish goals for the program beyond 2030.

"(5) Annual reports.—Not later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1)."

Technology Infrastructure Pilot Program

Pub. L. 106–398, §1 [div. C, title XXXI, §3161], Oct. 30, 2000, 114 Stat. 1654, 1654A–470, provided that:

"(a) Establishment.—The Administrator for Nuclear Security shall establish a Technology Infrastructure Pilot Program in accordance with this section.

"(b) Purpose.—The purpose of the program shall be to explore new methods of collaboration and improvements in the management and effectiveness of collaborative programs carried out by the national security laboratories and nuclear weapons production facilities in partnership with private industry and institutions of higher education and to improve the ability of those laboratories and facilities to support missions of the Administration.

"(c) Funding.—(1) Except as provided in paragraph (2), funding shall be available for the pilot program only to the extent of specific authorizations and appropriations enacted after the date of the enactment of this Act [Oct. 30, 2000].

"(2) From amounts available in fiscal years 2001 and 2002 for technology partnership programs of the Administration, the Administrator may allocate to carry out the pilot program not more than $5,000,000.

"(d) Project Requirements.—A project may not be approved for the pilot program unless the project meets the following requirements:

"(1) The participants in the project include—

"(A) a national security laboratory or nuclear weapons production facility; and

"(B) one or more of the following:

"(i) A business.

"(ii) An institution of higher education.

"(iii) A nonprofit institution.

"(iv) An agency of a State, local, or tribal government.

"(2)(A) Not less than 50 percent of the costs of the project are to be provided by non-Federal sources.

"(B)(i) The calculation of the amount of the costs of the project provided by non-Federal sources shall include cash, personnel, services, equipment, and other resources expended on the project.

"(ii) No funds or other resources expended before the start of the project or outside the project's scope of work may be credited toward the costs provided by non-Federal sources to the project.

"(3) The project (other than in the case of a project under which the participating laboratory or facility receives funding under this section) shall be competitively selected by that laboratory or facility using procedures determined to be appropriate by the Administrator.

"(4) No Federal funds shall be made available under this section for—

"(A) construction; or

"(B) any project for more than five years.

"(e) Selection Criteria.—(1) The projects selected for the pilot program shall—

"(A) stimulate the development of technology expertise and capabilities in private industry and institutions of higher education that can support the nuclear weapons and nuclear nonproliferation missions of the national security laboratories and nuclear weapons production facilities on a continuing basis;

"(B) improve the ability of those laboratories and facilities [to] benefit from commercial research, technology, products, processes, and services that can support the nuclear weapons and nuclear nonproliferation missions of those laboratories and facilities on a continuing basis; and

"(C) encourage the exchange of scientific and technological expertise between those laboratories and facilities and—

"(i) institutions of higher education;

"(ii) technology-related business concerns;

"(iii) nonprofit institutions; and

"(iv) agencies of State, tribal, or local governments;

that can support the missions of those laboratories and facilities.

"(2) The Administrator may authorize the provision of Federal funds for a project under this section only if the director of the laboratory or facility managing the project determines that the project is likely to improve the ability of that laboratory or facility to achieve technical success in meeting nuclear weapons and nuclear nonproliferation missions of the Administration.

"(3) The Administrator shall require the director of the laboratory or facility to consider the following criteria in selecting a project to receive Federal funds:

"(A) The potential of the project to succeed, based on its technical merit, team members, management approach, resources, and project plan.

"(B) The potential of the project to promote the development of a commercially sustainable technology, determined by considering whether the project will derive sufficient demand for its products or services from the private sector to support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis.

"(C) The potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating laboratory or facility to achieve its nuclear weapons and nuclear nonproliferation missions.

"(D) The commitment shown by non-Federal organizations to the project, based primarily on the nature and amount of the financial and other resources they will risk on the project.

"(E) The extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis and that will make substantive contributions to achieving the goals of the project.

"(F) The extent of participation in the project by agencies of State, tribal, or local governments that will make substantive contributions to achieving the goals of the project.

"(G) The extent to which the project focuses on promoting the development of technology-related business concerns that are small business concerns or involves small business concerns substantively in the project.

"(f) Implementation Plan.—No funds may be allocated for the pilot program until 30 days after the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the implementation of the pilot program. The plan shall, at a minimum—

"(1) identify the national security laboratories and nuclear weapons production facilities that have been designated by the Administrator to participate in the pilot program; and

"(2) with respect to each laboratory or facility identified under paragraph (1)—

"(A) identify the businesses, institutions of higher education, nonprofit institutions, and agencies of State, local, or tribal government that are expected to participate in the pilot program at that laboratory or facility;

"(B) identify the technology areas to be addressed by the pilot program at that laboratory or facility and the manner in which the pilot program will support high-priority missions of that laboratory or facility on a continuing basis; and

"(C) describe the management controls that have been put into place to ensure that the pilot program as conducted at that laboratory or facility is conducted in a cost-effective manner consistent with the objectives of the pilot program.

"(g) Report on Implementation.—(1) Not later than February 1, 2002, the Administrator shall submit to the congressional defense committees a report on the implementation and management of the pilot program. The report shall take into consideration the results of the pilot program to date and the views of the directors of the participating laboratories and facilities. The report shall include any recommendations the Administrator may have concerning the future of the pilot program.

"(2) Not later than 30 days after the date on which the Administrator submits the report required by paragraph (1), the Comptroller General shall submit to the congressional defense committees a report containing the Comptroller General's assessment of that report."

[For definitions of "national security laboratory" and "nuclear weapons production facility" as used in section 1 [div. C, title XXXI, §3161] of Pub. L. 106–398, set out above, see section 1 [div. C, title XXXI, §3165] of Pub. L. 106–398, set out as a note under section 2401 of this title.]
50 U.S.C. § 3385 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 45: MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES / Subchapter V: MANAGEMENT OF COUNTERINTELLIGENCE ACTIVITIES / Section 3385: Benjamin Tallmadge Institute as primary Central Intelligence Agency entity for education and training in counterintelligence
Benjamin Tallmadge Institute as primary Central Intelligence Agency entity for education and training in counterintelligence
Status: in_force

(a) In general

The Director of the Central Intelligence Agency shall maintain the Benjamin Tallmadge Institute as the primary entity within the Central Intelligence Agency for education and training related to all aspects of counterintelligence.

(b) Responsibilities of Director

The Director of the Central Intelligence Agency shall—

(1) ensure the Institute is fully and properly organized and has the resources necessary to provide counterintelligence education and training for all career fields within the Agency, including specialized certifications for Agency counterintelligence personnel;

(2) develop appropriate certification courses that are designed to educate, train, and certify Agency personnel in—

(A) counterintelligence threats, insider threats, and other counterintelligence processes and issues;

(B) the conduct and support of counterintelligence inquiries and investigations;

(C) relevant skills necessary for coordination with Federal law enforcement; and

(D) any other skills as the Director determines necessary;

(3) identify and designate specific positions for which an individual shall be required to have a certification described in paragraph (2) prior to filling such a position; and

(4) develop necessary infrastructure and capacity to support the availability of courses under subsection (c) to increase participation by personnel from other components of the intelligence community in the courses offered by the Institute.

(c) Training and familiarization courses

(1) In general

The head of the Institute shall—

(A) develop training and familiarization courses at different classification levels, including courses at an unclassified level; and

(B) offer instruction in the courses developed under subparagraph (A) or make training curricula available to other intelligence community components, as appropriate, to support outreach efforts.

(2) Availability of courses

The training and familiarization courses developed under paragraph (1) shall be made available to any of the following that have a need and appropriate clearance, as determined by the Director of the National Counterintelligence and Security Center in consultation with the Director of the Central Intelligence Agency, for a general education on counterintelligence threats, briefings on specific topics, or other training related to counterintelligence:

(A) Federal departments and agencies that are not elements of the intelligence community.

(B) State, local, and Tribal governments.

(C) Private sector entities.

(D) Such other personnel and entities as appropriate.

(d) Baseline certification course

(1) In general

The Institute shall develop, in coordination with the National Counterintelligence and Security Center and the Defense Intelligence Agency, and implement a baseline certification course for all counterintelligence career professionals that aligns the minimum certification requirements of the course and the Defense Counterintelligence Agent Course of the Joint Counterintelligence Training Activity.

(2) Availability of course

The baseline certification course developed under paragraph (1) shall be made available, on a space-available basis, to all intelligence community professionals and appropriate personnel with appropriate security clearance from any other agency, committee, commission, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.

(Pub. L. 118–31, div. G, title III, §7334, Dec. 22, 2023, 137 Stat. 1046.)

Statutory Notes and Related Subsidiaries

Definitions

For definition of "intelligence community" as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.
50 U.S.C. § 2674 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter V: SAFEGUARDS AND SECURITY MATTERS / Section 2674: Protection of classified information during laboratory-to-laboratory exchanges
Protection of classified information during laboratory-to-laboratory exchanges
Status: in_force

(a) Provision of training

The Secretary of Energy shall ensure that all Department of Energy employees and Department of Energy contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters relating to the protection of classified information and to potential espionage and counterintelligence threats.

(b) Countering of espionage and intelligence-gathering abroad

(1) The Secretary shall establish a pool of Department employees and Department contractor employees who are specially trained to counter threats of espionage and intelligence-gathering by foreign nationals against Department employees and Department contractor employees who travel abroad for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.

(2) The Director of Intelligence and Counterintelligence of the Department of Energy may assign at least one employee from the pool established under paragraph (1) to accompany a group of Department employees or Department contractor employees who travel to any nation designated to be a sensitive country for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.

(Pub. L. 107–314, div. D, title XLV, §4524, formerly Pub. L. 106–65, div. C, title XXXI, §3145, Oct. 5, 1999, 113 Stat. 935; renumbered Pub. L. 107–314, div. D, title XLV, §4524, by Pub. L. 108–136, div. C, title XXXI, §3141(h)(14), Nov. 24, 2003, 117 Stat. 1775; amended Pub. L. 116–92, div. E, title LXVII, §6744(b), Dec. 20, 2019, 133 Stat. 2241.)

Editorial Notes

Codification

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

Amendments

2019—Subsec. (b)(2). Pub. L. 116–92 inserted "Intelligence and" after "The Director of".
50 U.S.C. § 403h (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 15: NATIONAL SECURITY / Subchapter I: COORDINATION FOR NATIONAL SECURITY / Section 403h: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 403h, comprising section 7 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3508 of this title.
50 U.S.C. § 3712 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 48: DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION / Subchapter I: PROGRAM AUTHORITIES / Section 3712: Use of funds for certain emergent threats or opportunities
Use of funds for certain emergent threats or opportunities
Status: in_force

(a) Authority

For purposes of the Program, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a prior fiscal year that remain available for obligation, for a proliferation threat reduction project or activity if the Secretary, with the concurrence of the Secretary of State, determines each of the following:

(1) That such project or activity will—

(A) assist the United States in the resolution of a critical emerging proliferation threat; or

(B) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.

(2) That such project or activity will be completed in a period not exceeding five years.

(3) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity.

(b) Congressional notification

Not later than 15 days before the date on which the Secretary obligates funds under subsection (a) for a project or activity, the Secretary of Defense shall notify, in writing, the congressional defense committees and the Secretary of State shall notify, in writing, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the determinations made under such subsection with respect to such project or activity, together with—

(1) a justification for such determinations;

(2) a description of the scope and duration of such project or activity; and

(3) a discussion of—

(A) whether authorities other than the authority under this section are available to the Secretaries to perform such project or activity to meet the threats or goals identified under subsection (a)(1); and

(B) if such other authorities exist, why the Secretaries were not able to use such authorities for such project or activity.

(c) Non-defense agency partner-nation contacts

With respect to military-to-military and defense contacts carried out under subsection (a)(6) of section 3711 of this title, as further described in subsection (f) of such section, concurrence of the Secretary of State under subsection (a) is required only for participation in such contacts by personnel from non-defense agencies of foreign countries.

(d) Exception to requirement for certain determinations

The requirement for a determination under subsection (a) shall not apply to a state of the former Soviet Union.

(Pub. L. 113–291, div. A, title XIII, §1322, Dec. 19, 2014, 128 Stat. 3597; Pub. L. 114–328, div. A, title XIII, §1302(b)(2), Dec. 23, 2016, 130 Stat. 2566.)

Editorial Notes

Amendments

2016—Subsec. (b). Pub. L. 114–328 substituted "Not later than 15 days before the date on which" for "At the time at which" in introductory provisions and added par. (3).
50 U.S.C. § 3073a (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 44: NATIONAL SECURITY / Subchapter II: MISCELLANEOUS PROVISIONS / Section 3073a: Requirements for certain employment activities by former intelligence officers and employees
Requirements for certain employment activities by former intelligence officers and employees
Status: in_force

(a) Post-employment restrictions

(1) Covered post-service position

(A) Permanent restriction

Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position for a designated prohibited foreign country following the date on which the employee ceases to occupy a covered intelligence position.

(B) Temporary restriction

Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position during the 30-month period following the date on which the employee ceases to occupy a covered intelligence position.

(2) Waiver

(A) Authority to grant waivers

The applicable head of an intelligence community element may waive a restriction in paragraph (1) with respect to an employee or former employee who is subject to that restriction only after—

(i) the employee or former employee submits to the applicable head of the intelligence community element a written application for such waiver in such form and manner as the applicable head of the intelligence community element determines appropriate; and

(ii) the applicable head of the element of the intelligence community determines that granting such waiver will not harm the national security interests of the United States.

(B) Period of waiver

A waiver issued under subparagraph (A) shall apply for a period not exceeding 5 years. The applicable head of the intelligence community element may renew such a waiver.

(C) Revocation

The applicable head of the intelligence community element may revoke a waiver issued under subparagraph (A) to an employee or former employee, effective on the date that is 60 days after the date on which the applicable head of the intelligence community element provides the employee or former employee written notice of such revocation.

(D) Tolling

The 30-month restriction in paragraph (1)(B) shall be tolled for an employee or former employee during the period beginning on the date on which a waiver is issued under subparagraph (A) and ending on the date on which the waiver expires or on the effective date of a revocation under subparagraph (C), as the case may be.

(E) Reporting to Congress

On a quarterly basis, the head of each element of the intelligence community shall submit to the congressional intelligence committees and the congressional defense committees for Department of Defense elements of the intelligence community, a written notification of each waiver or revocation that shall include the following:

(i) With respect to a waiver issued to an employee or former employee—

(I) the covered intelligence position held or formerly held by the employee or former employee; and

(II) a brief description of the covered post-service employment, including the employer and the recipient of the representation, advice, or services.

(ii) With respect to a revocation of a waiver issued to an employee or former employee—

(I) the details of the waiver, including any renewals of such waiver, and the dates of such waiver and renewals; and

(II) the specific reasons why the applicable head of the intelligence community element determined that such revocation is warranted.

(b) Covered post-service employment reporting

(1) Requirement

During the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall—

(A) report covered post-service employment to the head of the element of the intelligence community that employed such employee in such covered intelligence position upon accepting such covered post-service employment; and

(B) annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element.

(2) Period described

The period described in this paragraph is the period beginning on the date on which an employee ceases to occupy a covered intelligence position.

(3) Regulations

The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying a covered intelligence position to sign a written agreement requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1).

(c) Penalties

(1) Criminal penalties

A former employee who knowingly and willfully violates subsection (a) or who knowingly and willfully fails to make a required report under subsection (b) shall be fined under title 18 or imprisoned for not more than 5 years, or both. Each report under subsection (b) shall be subject to section 1001 of title 18.

(2) Security clearances

The head of an element of the intelligence community shall revoke the security clearance of a former employee if the former employee knowingly and willfully fails to make a required report under subsection (b) or knowingly and willfully makes a false report under such subsection.

(d) Provision of information

(1) Training

The head of each element of the intelligence community shall regularly provide training on the restrictions under subsection (a) and the reporting requirements under subsection (b) to employees of that element who occupy a covered intelligence position.

(2) Written notice about reporting requirements

The head of each element of the intelligence community shall provide written notice of the reporting requirements under subsection (b) to an employee when the employee occupies a covered intelligence position.

(3) Written notice about restrictions

The head of each element of the intelligence community shall provide written notice of the restrictions under subsection (a) to any person who may be subject to such restrictions on or after December 23, 2022—

(A) when the head of the element determines that such person may become subject to such covered intelligence position restrictions; and

(B) when the person occupies a covered intelligence position.

(4) Written advisory opinions

Upon request from a current employee who occupies a covered intelligence position or a former employee who previously occupied a covered intelligence position, the applicable head of the element of the intelligence community concerned may provide a written advisory opinion to such current or former employee regarding whether a proposed employment, representation, or provision of advice or services constitutes covered post-service employment as defined in subsection (g).

(e) Annual reports

(1) Requirement

Not later than March 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on covered post-service employment occurring during the year covered by the report.

(2) Elements

Each report under paragraph (1) shall include the following:

(A) The number of former employees who occupy a covered post-service position, broken down by—

(i) the name of the employer;

(ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and

(iii) the nature of the services provided as part of the covered post-service employment.

(B) A certification by the Director that—

(i) each element of the intelligence community maintains adequate systems and processes for ensuring that former employees are submitting reports required under subsection (b);

(ii) to the knowledge of the heads of the elements of the intelligence community, all former employees who occupy a covered post-service position are in compliance with this section;

(iii) the services provided by former employees who occupy a covered post-service position do not—

(I) pose a current or future threat to the national security of the United States; or

(II) pose a counterintelligence risk; and

(iv) the Director and the heads of such elements are not aware of any credible information or reporting that any former employee who occupies a covered post-service position has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.

(3) Form

Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(f) Notification

In addition to the annual reports under subsection (e), if a head of an element of the intelligence community determines that the services provided by a former employee who occupies a covered post-service position pose a threat or risk described in clause (iii) of paragraph (2)(B) of such subsection, or include activities described in clause (iv) of such paragraph, the head shall notify the congressional intelligence committees of such determination by not later than 7 days after making such determination. The notification shall include the following:

(1) The name of the former employee.

(2) The name of the employer.

(3) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.

(4) As applicable, a description of—

(A) the risk to national security, the counterintelligence risk, or both; and

(B) the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.

(g) Definitions

In this section:

(1) Covered intelligence position

The term "covered intelligence position" means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section.

(2) Covered post-service employment

The term "covered post-service employment" means direct or indirect employment by, representation of, or any provision of advice or services to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services relates to national security, intelligence, the military, or internal security.

(3) Covered post-service position

The term "covered post-service position" means a position of employment described in paragraph (2).

(4) Designated prohibited foreign country

The term "designated prohibited foreign country" means the following:

(A) The People's Republic of China.

(B) The Russian Federation.

(C) The Democratic People's Republic of Korea.

(D) The Islamic Republic of Iran.

(E) The Republic of Cuba.

(F) The Syrian Arab Republic.

(5) Employee

The term "employee", with respect to an employee occupying a covered intelligence position, includes an officer or official of an element of the intelligence community, a contractor of such an element, a detailee to such an element, or a member of the Armed Forces assigned to such an element.

(6) Former employee

The term "former employee" means an individual—

(A) who was an employee occupying a covered intelligence position; and

(B) who is subject to the requirements under subsection (a) or (b).

(7) Government of a foreign country

The term "government of a foreign country" has the meaning given the term in section 611(e) of title 22.

(July 26, 1947, ch. 343, title III, §304, as added Pub. L. 113–293, title III, §305(a), Dec. 19, 2014, 128 Stat. 3995; amended Pub. L. 117–103, div. X, title III, §308(a)(1), Mar. 15, 2022, 136 Stat. 966; Pub. L. 117–263, div. F, title LXIII, §6301(a)–(c), Dec. 23, 2022, 136 Stat. 3498–3500; Pub. L. 118–31, div. G, title III, §7304, Dec. 22, 2023, 137 Stat. 1025; Pub. L. 118–159, div. F, title LXVI, §6615, Dec. 23, 2024, 138 Stat. 2506.)

Editorial Notes

Prior Provisions

A prior section 304 of act July 26, 1947, ch. 343, title III, 61 Stat. 508, was classified to section 171k of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632.

Amendments

2024—Subsec. (a)(1)(A). Pub. L. 118–159, §6615(d)(1), substituted "paragraph (2)(A)" for "paragraph (2)(A)(i)".

Subsec. (a)(1)(B). Pub. L. 118–159, §6615(d)(2), substituted "paragraph (2)(A)" for "paragraph (2)(A)(ii)".

Subsec. (a)(2)(A). Pub. L. 118–159, §6615(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to authority to grant a temporary waiver of requirements for certain employment activities by former intelligence officers and employees.

Subsec. (a)(2)(B). Pub. L. 118–159, §6615(a)(2), substituted "applicable head of the intelligence community element" for "Director".

Subsec. (a)(2)(C). Pub. L. 118–159, §6615(a)(3), substituted "applicable head of the intelligence community element" for "Director" in two places.

Subsec. (a)(2)(E). Pub. L. 118–159, §6615(a)(4), amended subpar. (E) generally. Prior to amendment, subpar. (E) related to notification to congressional intelligence committees of issuance of a waiver or a revocation of a waiver.

Subsec. (d)(4). Pub. L. 118–159, §6615(b), added par. (4).

Subsec. (g)(2). Pub. L. 118–159, §6615(c), substituted "to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services relates to national security, intelligence, the military, or internal security" for "relating to national security, intelligence, the military, or internal security to, the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country".

2023—Subsec. (d)(1). Pub. L. 118–31, §7304(1), which directed insertion of "the restrictions under subsection (a) and" before "the report requirements", was executed by making the insertion before "the reporting requirements" to reflect the probable intent of Congress.

Subsec. (d)(2). Pub. L. 118–31, §7304(2), substituted "occupies" for "ceases to occupy".

Subsec. (d)(3)(B). Pub. L. 118–31, §7304(3), substituted "when the person occupies a covered intelligence position" for "before the person ceases to occupy a covered intelligence position".

2022—Pub. L. 117–103 amended section generally. Prior to amendment, section related to reporting of certain employment activities by former intelligence officers and employees.

Subsecs. (a), (b). Pub. L. 117–263, §6301(a), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) related to temporary restriction and covered post-service employment reporting, respectively.

Subsec. (d)(2). Pub. L. 117–263, §6301(c)(2), inserted "about reporting requirements" after "Written notice" in heading.

Subsec. (d)(3). Pub. L. 117–263, §6301(c)(1), added par. (3).

Subsec. (g)(4) to (7). Pub. L. 117–263, §6301(b), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. F, title LXIII, §6301(e), Dec. 23, 2022, 136 Stat. 3501, provided that: "Subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], as amended by subsection (a) of this section, shall apply only to persons who occupy a covered intelligence position on or after the date that is 45 days after the date on which new or updated regulations are issued under subsection (d)(2) of this section [section 6301(d)(2) of Pub. L. 117–263, set out in a note below]."

Pub. L. 117–103, div. X, title III, §308(a)(2), Mar. 15, 2022, 136 Stat. 970, provided that: "Such section 304 [50 U.S.C. 3073a], as amended by paragraph (1), shall apply with respect to employees who occupy covered intelligence positions (as defined in such section) on or after the date of the enactment of this Act [Mar. 15, 2022]."

Revised Regulations

Pub. L. 117–263, div. F, title LXIII, §6301(d), Dec. 23, 2022, 136 Stat. 3500, provided that:

"(1) Definition of covered intelligence position.—In this subsection, the term 'covered intelligence position' has the meaning given such term by such section 304 [50 U.S.C. 3073a].

"(2) Submission.—Not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued to carry out such section 304, as amended by subsections (a), (b), and (c) of this section.

"(3) Requirements.—The regulations issued under paragraph (1) shall—

"(A) include provisions that advise personnel of the intelligence community of the appropriate manner in which such personnel may opt out of positions that—

"(i) have been designated as covered intelligence positions before the effective date established in subsection (e) of this section; or

"(ii) may be designated as covered intelligence provisions before such designation becomes final; and

"(B) establish a period of not fewer than 30 days and not more than 60 days after receipt of the written notice required under paragraph (3) of subsection (d) of such section 304 [50 U.S.C. 3073a(d)(3)], as added by subsection (c)(1) of this section, within which such personnel may opt out of a covered intelligence position and the accompanying obligations imposed by subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], as amended by subsection (a) of this section.

"(4) Certification.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees—

"(A) a written certification for each head of an element of the intelligence community who has issued new or updated regulations pursuant to paragraph (2); and

"(B) for each head of an element of the intelligence community who has not issued such new or updated regulations, an explanation for the failure to issue such new or updated regulations."

[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6301(d) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.]

Pub. L. 117–103, div. X, title III, §308(a)(3), Mar. 15, 2022, 136 Stat. 970, provided that:

"(A) Submission.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued under such section 304 [50 U.S.C. 3073a], as amended by paragraph (1).

"(B) Certification.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees—

"(i) a written certification for each head of an element of the intelligence community who has issued the updated regulations under such section 304, as amended by paragraph (1); and

"(ii) for each head of an element of the intelligence community who has not issued such updated regulations, an explanation for the failure to issue such updated regulations."

[For definitions of "congressional intelligence committees" and "intelligence community" as used in section 308(a)(3) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]

Regulations and Certification

Pub. L. 113–293, title III, §305(b), Dec. 19, 2014, 128 Stat. 3996, provided that:

"(1) Regulations.—Not later than 90 days after the date of the enactment of this Act [Dec. 19, 2014], the head of each element of the intelligence community shall issue the regulations required under section 304 of the National Security Act of 1947 [50 U.S.C. 3073a], as added by subsection (a) of this section.

"(2) Certification.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees—

"(A) a certification that each head of an element of the intelligence community has prescribed the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section; or

"(B) if the Director is unable to submit the certification described under subparagraph (A), an explanation as to why the Director is unable to submit such certification, including a designation of which heads of an element of the intelligence community have prescribed the regulations required under such section 304 and which have not."

[For definitions of terms used in section 305(b) of Pub. L. 113–293, set out above, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of this title.]

Initial Report

Pub. L. 117–103, div. X, title III, §308(a)(4), Mar. 15, 2022, 136 Stat. 970, provided that: "In the first report submitted by the Director of National Intelligence under subsection (e) of such section 304 [50 U.S.C. 3073a(e)], as amended by paragraph (1), the Director shall include an assessment of the licensing requirements under the Arms Export Control Act (22 U.S.C. 2751 et seq.) and recommendations with respect to strengthening the activities regulated under such section 304."
50 U.S.C. § 413b (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 15: NATIONAL SECURITY / Subchapter III: ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES / Section 413b: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 413b, comprising section 503 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3093 of this title.
50 U.S.C. § 3502 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 46: CENTRAL INTELLIGENCE AGENCY / Section 3502: Seal of office
Seal of office
Status: in_force

The Director shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof.

(June 20, 1949, ch. 227, §2, 63 Stat. 208; Pub. L. 108–458, title I, §1071(b)(2)(A), Dec. 17, 2004, 118 Stat. 3690.)

Editorial Notes

Codification

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

Amendments

2004—Pub. L. 108–458 struck out "of Central Intelligence" after "Director".

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

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

Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
50 U.S.C. § 3334p (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 45: MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES / Subchapter II: PERSONNEL AND ADMINISTRATIVE AUTHORITIES / Section 3334p: Increased intelligence-related engineering, research, and development capabilities of minority institutions
Increased intelligence-related engineering, research, and development capabilities of minority institutions
Status: in_force

(a) Plan

(1) Requirement

The Director of National Intelligence shall develop a plan to promote intelligence-related engineering, research, and development activities at covered institutions for the purpose of contributing toward the research necessary to achieve the intelligence advantage of the United States.

(2) Elements

The plan under paragraph (1) shall include the following:

(A) An assessment of opportunities to support engineering, research, and development at covered institutions in computer sciences, including artificial intelligence, quantum computing, and machine learning, and synthetic biology and an assessment of opportunities to support the associated workforce and physical research infrastructure of such institutions.

(B) An assessment of opportunities to enhance the ability of covered institutions—

(i) to participate in intelligence-related engineering, research, and development activities; and

(ii) to effectively compete for intelligence-related engineering, research and development contracts in support of the most urgent research requirements of the intelligence community.

(C) An assessment of the activities and investments the Director determines necessary—

(i) to expand opportunities for covered institutions to partner with other research organizations and educational institutions that the intelligence community frequently partners with to conduct research; and

(ii) to increase participation of covered institutions in intelligence-related engineering, research, and development activities.

(D) Recommendations identifying actions that may be taken by the Director, Congress, covered institutions, and other organizations to increase participation of such institutions in intelligence-related engineering, research, and development activities and contracts.

(E) Specific goals, incentives, and metrics to increase and measure the capacity of covered institutions to address the engineering, research, and development needs of the intelligence community.

(3) Consultation

In developing the plan under paragraph (1), the Director shall consult with covered institutions and other departments or agencies of the United States Government or private sector organizations that the Director determines appropriate.

(4) Report

Not later than 1 year after December 23, 2022, the Director shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and make publicly available on the internet website of the Director, a report containing the plan under paragraph (1).

(b) Activities to support research and engineering capacity

Subject to the availability of appropriations for such purpose, the Director may establish a program to award contracts, grants, or other agreements, on a competitive basis, and to perform other appropriate activities, for any of the following purposes:

(1) Developing the capability, including the workforce and the research infrastructure, for covered institutions to more effectively compete for intelligence-related engineering, research, and development activities and contracts.

(2) Any other purposes the Director determines appropriate to enhance the capabilities of covered institutions to carry out intelligence-related engineering, research, and development activities and contracts.

(c) Increased partnerships between IARPA and covered institutions

The Director shall establish goals and incentives to encourage the Intelligence Advanced Research Projects Activity to—

(1) partner with covered institutions to advance the research and development needs of the intelligence community through partnerships and collaborations with the Intelligence Advanced Research Projects Activity; and

(2) if the Director determines appropriate, foster the establishment of similar relationships between such institutions and other organizations that have partnerships with the Intelligence Advanced Research Projects Activity.

(d) Covered institution defined

In this section, the term "covered institution" means the following:

(1) A part B institution (as defined in section 1061 of title 20).

(2) An institution of higher education (as defined in section 1001 of title 20) not covered by paragraph (1) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering, as determined by the Director of National Intelligence.

(Pub. L. 117–263, div. F, title LXVIII, §6812, Dec. 23, 2022, 136 Stat. 3602.)

Statutory Notes and Related Subsidiaries

Definitions

For definitions of "intelligence community" and "congressional intelligence committees" as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.
50 U.S.C. § 3097 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 44: NATIONAL SECURITY / Subchapter III: ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES / Section 3097: Budget treatment of costs of acquisition of major systems by the intelligence community
Budget treatment of costs of acquisition of major systems by the intelligence community
Status: in_force

(a) Independent cost estimates

(1) The Director of National Intelligence shall, in consultation with the head of each element of the intelligence community concerned, prepare an independent cost estimate of the full life-cycle cost of development, procurement, and operation of each major system to be acquired by the intelligence community.

(2)(A) Each independent cost estimate for a major system shall, to the maximum extent practicable, specify the amount required to be appropriated and obligated to develop, procure, and operate the major system in each fiscal year of the proposed period of development, procurement, and operation of the major system.

(B) For major system acquisitions requiring a service or capability from another acquisition or program to deliver the end-to-end functionality for the intelligence community end users, independent cost estimates shall include, to the maximum extent practicable, all estimated costs across all pertinent elements of the intelligence community. For collection programs, such cost estimates shall include the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program. If such costs for processing, exploitation, dissemination, and storage are scheduled to be executed in other elements of the intelligence community, the independent cost estimate shall identify and annotate such costs for such other elements accordingly.

(3)(A) In the case of a program of the intelligence community that qualifies as a major system, an independent cost estimate shall be prepared before the submission to Congress of the budget of the President for the first fiscal year in which appropriated funds are anticipated to be obligated for the development or procurement of such major system.

(B) In the case of a program of the intelligence community for which an independent cost estimate was not previously required to be prepared under this section, including a program for which development or procurement commenced before December 13, 2003, if the aggregate future costs of development or procurement (or any combination of such activities) of the program will exceed $500,000,000 (in current fiscal year dollars), the program shall qualify as a major system for purposes of this section, and an independent cost estimate for such major system shall be prepared before the submission to Congress of the budget of the President for the first fiscal year thereafter in which appropriated funds are anticipated to be obligated for such major system.

(4) The independent cost estimate for a major system shall be updated upon—

(A) the completion of any preliminary design review associated with the major system;

(B) any significant modification to the anticipated design of the major system; or

(C) any change in circumstances that renders the current independent cost estimate for the major system inaccurate.

(5) Any update of an independent cost estimate for a major system under paragraph (4) shall meet all requirements for independent cost estimates under this section, and shall be treated as the most current independent cost estimate for the major system until further updated under that paragraph.

(b) Preparation of independent cost estimates

(1) The Director shall establish within the Office of the Director of National Intelligence for Community Management an office which shall be responsible for preparing independent cost estimates, and any updates thereof, under subsection (a), unless a designation is made under paragraph (2).

(2) In the case of the acquisition of a major system for an element of the intelligence community within the Department of Defense, the Director and the Secretary of Defense shall provide that the independent cost estimate, and any updates thereof, under subsection (a) be prepared by an entity jointly designated by the Director and the Secretary in accordance with section 2434(b)(1)(A) 1 of title 10.

(c) Utilization in budgets of President

(1) If the budget of the President requests appropriations for any fiscal year for the development or procurement of a major system by the intelligence community, the President shall, subject to paragraph (2), request in such budget an amount of appropriations for the development or procurement, as the case may be, of the major system that is equivalent to the amount of appropriations identified in the most current independent cost estimate for the major system for obligation for each fiscal year for which appropriations are requested for the major system in such budget.

(2) If the amount of appropriations requested in the budget of the President for the development or procurement of a major system is less than the amount of appropriations identified in the most current independent cost estimate for the major system for obligation for each fiscal year for which appropriations are requested for the major system in such budget, the President shall include in the budget justification materials submitted to Congress in support of such budget—

(A) an explanation for the difference between the amount of appropriations requested and the amount of appropriations identified in the most current independent cost estimate;

(B) a description of the importance of the major system to the national security;

(C) an assessment of the consequences for the funding of all programs of the National Intelligence Program in future fiscal years if the most current independent cost estimate for the major system is accurate and additional appropriations are required in future fiscal years to ensure the continued development or procurement of the major system, including the consequences of such funding shortfalls on the major system and all other programs of the National Intelligence Program; and

(D) such other information on the funding of the major system as the President considers appropriate.

(d) Inclusion of estimates in budget justification materials

The budget justification materials submitted to Congress in support of the budget of the President shall include the most current independent cost estimate under this section for each major system for which appropriations are requested in such budget for any fiscal year.

(e) Definitions

In this section:

(1) The term "budget of the President" means the budget of the President for a fiscal year as submitted to Congress under section 1105(a) of title 31.

(2)(A) The term "independent cost estimate" means a pragmatic and neutral analysis, assessment, and quantification of all costs and risks associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle, which shall be based on programmatic and technical specifications provided by the office within the element of the intelligence community with primary responsibility for the development, procurement, or operation of the major system.

(B) In accordance with subsection (a)(2)(B), each independent cost estimate shall include all costs required across elements of the intelligence community to develop, acquire, procure, operate, and sustain the system to provide the end-to-end intelligence functionality of the system, including—

(i) for collection programs, the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program; and

(ii) costs for processing, exploitation, dissemination, and storage scheduled to be executed in other elements of the intelligence community.

(3) The term "major system" means any significant program of an element of the intelligence community with projected total development and procurement costs exceeding $500,000,000 (based on fiscal year 2010 constant dollars), which costs shall include all end-to-end program costs, including costs associated with the development and procurement of the program and any other costs associated with the development and procurement of systems required to support or utilize the program.

(July 26, 1947, ch. 343, title V, §506A, as added Pub. L. 108–177, title III, §312(b)(1), Dec. 13, 2003, 117 Stat. 2607; amended Pub. L. 108–458, title I, §§1071(a)(1)(BB), 1072(a)(6), Dec. 17, 2004, 118 Stat. 3689, 3692; Pub. L. 111–259, title III, §321(b), Oct. 7, 2010, 124 Stat. 2669; Pub. L. 112–87, title III, §306(a), title V, §505(3), Jan. 3, 2012, 125 Stat. 1881, 1897.)

Editorial Notes

References in Text

Section 2434 of title 10, referred to in subsec. (b)(2), was repealed by Pub. L. 114–328, div. A, title VIII, §842(c)(1), Dec. 23, 2016, 130 Stat. 2290.

Codification

Section was formerly classified to section 415a–1 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2012—Subsec. (a)(2). Pub. L. 112–87, §306(a)(1), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c)(2)(C). Pub. L. 112–87, §505(3), substituted "National Intelligence Program" for "National Foreign Intelligence Program" in two places.

Subsec. (e)(2). Pub. L. 112–87, §306(a)(2), designated existing provisions as subpar. (A), substituted "associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle," for "associated with the acquisition of a major system,", and added subpar. (B).

2010—Subsec. (e)(3). Pub. L. 111–259 substituted "(based on fiscal year 2010 constant dollars)" for "(in current fiscal year dollars)".

2004—Subsec. (a)(1). Pub. L. 108–458, §1071(a)(1)(BB), substituted "Director of National Intelligence" for "Director of Central Intelligence".

Subsec. (b)(1). Pub. L. 108–458, §1072(a)(6), substituted "Office of the Director of National Intelligence" for "Office of the Deputy Director of Central Intelligence".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–87, title III, §306(b), Jan. 3, 2012, 125 Stat. 1882, provided that: "The amendments made by this section [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 3, 2012]."

Effective Date of 2004 Amendment

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

Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Effective Date

Pub. L. 108–177, title III, §312(c), Dec. 13, 2003, 117 Stat. 2609, provided that: "The amendments made by subsection (b) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 13, 2003]."

Congressional Findings

Pub. L. 108–177, title III, §312(a), Dec. 13, 2003, 117 Stat. 2606, provided that: "Congress makes the following findings:

"(1) Funds within the National Foreign Intelligence Program often must be shifted from program to program and from fiscal year to fiscal year to address funding shortfalls caused by significant increases in the costs of acquisition of major systems by the intelligence community.

"(2) While some increases in the costs of acquisition of major systems by the intelligence community are unavoidable, the magnitude of growth in the costs of acquisition of many major systems indicates a systemic bias within the intelligence community to underestimate the costs of such acquisition, particularly in the preliminary stages of development and production.

"(3) Decisions by Congress to fund the acquisition of major systems by the intelligence community rely significantly upon initial estimates of the affordability of acquiring such major systems and occur within a context in which funds can be allocated for a variety of alternative programs. Thus, substantial increases in costs of acquisition of major systems place significant burdens on the availability of funds for other programs and new proposals within the National Foreign Intelligence Program.

"(4) Independent cost estimates, prepared by independent offices, have historically represented a more accurate projection of the costs of acquisition of major systems.

"(5) Recognizing the benefits associated with independent cost estimates for the acquisition of major systems, the Secretary of Defense has built upon the statutory requirement in [former] section 2434 of title 10, United States Code, to develop and consider independent cost estimates for the acquisition of such systems by mandating the use of such estimates in budget requests of the Department of Defense.

"(6) The mandatory use throughout the intelligence community of independent cost estimates for the acquisition of major systems will assist the President and Congress in the development and funding of budgets which more accurately reflect the requirements and priorities of the United States Government for intelligence and intelligence-related activities."

Limitations on Major System Procurement, Acquisition, and Development

Pub. L. 108–177, title III, §312(d), Dec. 13, 2003, 117 Stat. 2609, provided that:

"(1)(A) For each major system for which funds have been authorized for a fiscal year before fiscal year 2005, or for which funds are sought in the budget of the President for fiscal year 2005, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, and for which no independent cost estimate has been provided to Congress, no contract, or option to contract, for the procurement or acquisition of such major system may be entered into, or option to contract be exercised, before the date of the enactment of an Act to authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government.

"(B) Subparagraph (A) shall not affect any contract for procurement or acquisition that was entered into before the date of the enactment of this Act [Dec. 13, 2003].

"(2) Commencing as of the date of the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, no funds may be obligated or expended for the development or procurement of a major system until the President has complied with the requirements of section 506A of the National Security Act of 1947 (as added by subsection (b)) [50 U.S.C. 3097] with respect to such major system.

"(3) In this subsection, the terms 'independent cost estimate' and 'major system' have the meaning given such terms in subsection (e) of section 506A of the National Security Act of 1947 (as so added) [50 U.S.C. 3097(e)]."

1 See References in Text note below.
50 U.S.C. § 2773 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 42: ATOMIC ENERGY DEFENSE PROVISIONS / Subchapter VII: BUDGET AND FINANCIAL MANAGEMENT MATTERS / Section 2773: Independent acquisition project reviews of capital assets acquisition projects
Independent acquisition project reviews of capital assets acquisition projects
Status: in_force

(a) Reviews

The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition project as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the acquisition process.

(b) Pre-critical decision 1 reviews

In addition to any other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include—

(1) a review using best practices of the analysis of alternatives for the project; and

(2) identification of any deficiencies in such analysis of alternatives for the appropriate head to address.

(c) Independent entities

The appropriate head shall ensure that each review of a capital assets acquisition project under subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project.

(d) Definitions

In this section:

(1) The term "acquisition process" means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.

(2) The term "appropriate head" means—

(A) the Administrator, with respect to capital assets acquisition projects of the Administration; and

(B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.

(3) The term "capital assets acquisition project" means a project—

(A) the total project cost of which is more than $500,000,000; and

(B) that is covered by Department of Energy Order 413.3B, or a successor order, for the acquisition of capital assets for atomic energy defense activities.

(Pub. L. 107–314, div. D, title XLVII, §4733, as added Pub. L. 114–328, div. C, title XXXI, §3111(a), Dec. 23, 2016, 130 Stat. 2755; amended Pub. L. 116–92, div. C, title XXXI, §3139(b)(8), Dec. 20, 2019, 133 Stat. 1963.)

Editorial Notes

Amendments

2019—Subsec. (d)(3)(B). Pub. L. 116–92 substituted "413.3B" for "413.3".
50 U.S.C. § 58 (2024) — Title 50: WAR AND NATIONAL DEFENSE / Chapter 5: ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY / Subchapter I: ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS / Section 58: Repealed. Sept. 1, 1954, ch. 1208, title III, §305(d), 68 Stat. 1114
Repealed. Sept. 1, 1954, ch. 1208, title III, §305(d), 68 Stat. 1114
Status: repealed

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

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

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