### §3098. Annual personnel level assessments for the intelligence community

#### (a) Requirement to provide

The Director of National Intelligence shall, in consultation with the head of each element of the intelligence community, prepare an annual personnel level assessment for such element that assesses the personnel levels for such element for the fiscal year following the fiscal year in which the assessment is submitted.

#### (b) Schedule

Each assessment required by subsection (a) shall be submitted to the congressional intelligence committees each year at the time that the President submits to Congress the budget for a fiscal year pursuant to section 1105 of title 31.

#### (c) Contents

Each assessment required by subsection (a) submitted during a fiscal year shall contain the following information for the element of the intelligence community concerned:

(1) The budget submission for personnel costs for the upcoming fiscal year.

(2) The dollar and percentage increase or decrease of such costs as compared to the personnel costs of the current fiscal year.

(3) The dollar and percentage increase or decrease of such costs as compared to the personnel costs during the prior 5 fiscal years.

(4) The number of full-time equivalent positions that is the basis for which personnel funds are requested for the upcoming fiscal year.

(5) The numerical and percentage increase or decrease of the number referred to in paragraph (4) as compared to the number of full-time equivalent positions of the current fiscal year.

(6) The numerical and percentage increase or decrease of the number referred to in paragraph (4) as compared to the number of full-time equivalent positions during the prior 5 fiscal years.

(7) The best estimate of the number and costs of core contract personnel to be funded by the element for the upcoming fiscal year.

(8) The numerical and percentage increase or decrease of such costs of core contract personnel as compared to the best estimate of the costs of core contract personnel of the current fiscal year.

(9) The numerical and percentage increase or decrease of such number and such costs of core contract personnel as compared to the number and cost of core contract personnel during the prior 5 fiscal years.

(10) A justification for the requested personnel and core contract personnel levels.

(11) The best estimate of the number of intelligence collectors and analysts employed by each element of the intelligence community.

(12) The best estimate of the number of intelligence collectors and analysts contracted by each element of the intelligence community and a description of the functions performed by such contractors.

(13) A statement by the Director of National Intelligence that, based on current and projected funding, the element concerned will have sufficient—

(A) internal infrastructure to support the requested personnel and core contract personnel levels;

(B) training resources to support the requested personnel levels; and

(C) funding to support the administrative and operational activities of the requested personnel levels.

(July 26, 1947, ch. 343, title V, §506B, as added Pub. L. 111–259, title III, §305(a), Oct. 7, 2010, 124 Stat. 2659; amended Pub. L. 113–293, title III, §327, Dec. 19, 2014, 128 Stat. 4006.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 415a–4 of this title prior to editorial reclassification and renumbering as this section.

#### Amendments

2014—Subsec. (c)(11). Pub. L. 113–293, §327(1), struck out "or contracted" after "employed".

Subsec. (c)(12), (13). Pub. L. 113–293, §327(2), (3), added par. (12) and redesignated former par. (12) as (13).

#### **Statutory Notes and Related Subsidiaries**

#### Personnel Information Notification Policy by the Director of National Intelligence

Pub. L. 114–113, div. M, title III, §308, Dec. 18, 2015, 129 Stat. 2917, provided that:

"(a) Directive Required.—The Director of National Intelligence shall issue a directive containing a written policy for the timely notification to the congressional intelligence committees of the identities of individuals occupying senior level positions within the intelligence community.

"(b) Senior Level Position.—In identifying positions that are senior level positions in the intelligence community for purposes of the directive required under subsection (a), the Director of National Intelligence shall consider whether a position—

"(1) constitutes the head of an entity or a significant component within an agency;

"(2) is involved in the management or oversight of matters of significant import to the leadership of an entity of the intelligence community;

"(3) provides significant responsibility on behalf of the intelligence community;

"(4) requires the management of a significant number of personnel or funds;

"(5) requires responsibility management or oversight of sensitive intelligence activities; and

"(6) is held by an individual designated as a senior intelligence management official as such term is defined in section 368(a)(6) of the Intelligence Authorization Act for Fiscal Year 2010 (Public Law 111–259; 50 U.S.C. 404i–1 [now 50 U.S.C. 3051] note).

"(c) Notification.—The Director shall ensure that each notification under the directive issued under subsection (a) includes each of the following:

"(1) The name of the individual occupying the position.

"(2) Any previous senior level position held by the individual, if applicable, or the position held by the individual immediately prior to the appointment.

"(3) The position to be occupied by the individual.

"(4) Any other information the Director determines appropriate.

"(d) Relationship to Other Laws.—The directive issued under subsection (a) and any amendment to such directive shall be consistent with the provisions of the National Security Act of 1947 (50 U.S.C. 401 [now 50 U.S.C. 3001] et seq.).

"(e) Submission.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015], the Director shall submit to the congressional intelligence committees the directive issued under subsection (a)."

[For definitions of "congressional intelligence committees" and "intelligence community" as used in section 308 of div. M of Pub. L. 114–113, set out above, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title.]

#### Implementation

Pub. L. 111–259, title III, §305(b), Oct. 7, 2010, 124 Stat. 2661, provided that: "The first assessment required to be submitted under section 506B(b) of the National Security Act of 1947 [50 U.S.C. 3098(b)], as added by subsection (a), shall be submitted to the congressional intelligence committees at the time that the President submits to Congress the budget for fiscal year 2012 pursuant to section 1105 of title 31, United States Code."

[For definition of "congressional intelligence committees" as used in section 305(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.]