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50 U.S.C. § 3005 (WAR AND NATIONAL DEFENSE)
§ 3005. Applicable laws
Except to the extent inconsistent with the provisions of this chapter, the provisions of title 4 of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense.
(July 26, 1947, ch. 343, title II, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
Title 4 of the Revised Statutes, referred to in text, was entitled “Provisions Applicable to All Executive Departments”, and consisted of R.S. §§ 158 to 198. For provisions of the Code derived from such title 4, see sections 101, 301, 303, 304, 503, 2952, 3101, 3106, 3341, 3345 to 3349, 5535, and 5536 of Title 5, Government Organization and Employees; section 207 of Title 18, Crimes and Criminal Procedure; sections 514 and 520 of Title 28, Judiciary and Judicial Procedure; section 3321 of Title 31, Money and Finance.
heading: Codification
text: Section was formerly classified to section 408 of this title prior to editorial reclassification and renumbering as this section, and to section 171–1 of former Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
50 U.S.C. § 3006 (WAR AND NATIONAL DEFENSE)
§ 3006. Repealing and savings provisions
All laws, orders, and regulations inconsistent with the provisions of this title 1 are repealed insofar as they are inconsistent with the powers, duties, and responsibilities enacted hereby: Provided, That the powers, duties, and responsibilities of the Secretary of Defense under this title 1 shall be administered in conformance with the policy and requirements for administration of budgetary and fiscal matters in the Government generally, including accounting and financial reporting, and that nothing in this title 1 shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such matters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title.1
(July 26, 1947, ch. 343, title IV, § 411, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 590.)
heading: References in Text
text: This title, referred to in text, means title IV of act July 26, 1947, ch. 343, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 585. Section 411 of title IV was formerly classified to section 412 of this title prior to editorial reclassification and renumbering as section 3006 of this title. For complete classification of title IV to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 412 of this title prior to editorial reclassification and renumbering as this section, and to section 172j of former Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
50 U.S.C. § 3028 (WAR AND NATIONAL DEFENSE)
§ 3028. General Counsel
(a) General Counsel
There is a General Counsel of the Office of the Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Prohibition on dual service as General Counsel of another agency
The individual serving in the position of General Counsel may not, while so serving, also serve as the General Counsel of any other department, agency, or element of the United States Government.
(c) Scope of position
The General Counsel is the chief legal officer of the Office of the Director of National Intelligence.
(d) Functions
The General Counsel shall perform such functions as the Director of National Intelligence may prescribe.
(July 26, 1947, ch. 343, title I, § 103C, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3658.)
heading: Codification
text: Section was formerly classified to section 403–3c of this title prior to editorial reclassification and renumbering as this section.
heading: Effective Date
text: For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
50 U.S.C. § 3030 (WAR AND NATIONAL DEFENSE)
§ 3030. Director of Science and Technology
(a) Director of Science and Technology
There is a Director of Science and Technology within the Office of the Director of National Intelligence who shall be appointed by the Director of National Intelligence.
(b) Requirement relating to appointment
An individual appointed as Director of Science and Technology shall have a professional background and experience appropriate for the duties of the Director of Science and Technology.
(c) Duties
The Director of Science and Technology shall—
(1) act as the chief representative of the Director of National Intelligence for science and technology;
(2) chair the Director of National Intelligence Science and Technology Committee under subsection (d) of this section;
(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
(4) assist the Director on the science and technology elements of the budget of the Office of the Director of National Intelligence; and
(5) perform other such duties as may be prescribed by the Director of National Intelligence or specified by law.
(d) Director of National Intelligence Science and Technology Committee
(1) There is within the Office of the Director of Science and Technology a Director of National Intelligence Science and Technology Committee.
(2) The Committee shall be composed of the principal science officers of the National Intelligence Program.
(3) The Committee shall—
(A) coordinate advances in research and development related to intelligence; and
(B) perform such other functions as the Director of Science and Technology shall prescribe.
(July 26, 1947, ch. 343, title I, § 103E, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3659.)
heading: Codification
text: Section was formerly classified to section 403–3e of this title prior to editorial reclassification and renumbering as this section.
heading: Effective Date
text: For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
50 U.S.C. § 3031 (WAR AND NATIONAL DEFENSE)
§ 3031. National Counterintelligence Executive
(a) National Counterintelligence Executive
The National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002 [50 U.S.C. 3382] is a component of the Office of the Director of National Intelligence.
(b) Duties
The National Counterintelligence Executive shall perform the duties provided in the Counterintelligence Enhancement Act of 2002 and such other duties as may be prescribed by the Director of National Intelligence or specified by law.
(July 26, 1947, ch. 343, title I, § 103F, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660.)
heading: References in Text
text: The Counterintelligence Enhancement Act of 2002, referred to in subsec. (b), is title IX of Pub. L. 107–306, Nov. 27, 2002, 116 Stat. 2432. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 403–3f of this title prior to editorial reclassification and renumbering as this section.
heading: Effective Date
text: For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
50 U.S.C. § 3035 (WAR AND NATIONAL DEFENSE)
§ 3035. Central Intelligence Agency
(a) Central Intelligence Agency
There is a Central Intelligence Agency.
(b) Function
The function of the Central Intelligence Agency is to assist the Director of the Central Intelligence Agency in carrying out the responsibilities specified in section 3036(c) of this title.
(July 26, 1947, ch. 343, title I, § 104, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660.)
heading: Codification
text: Section was formerly classified to section 403–4 of this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 104 of act July 26, 1947, ch. 343, title I, as added Pub. L. 102–496, title VII, § 705(a)(3), Oct. 24, 1992, 106 Stat. 3192; amended Pub. L. 104–106, div. A, title XV, § 1502(f)(5), Feb. 10, 1996, 110 Stat. 510; Pub. L. 104–293, title VIII, § 807(b), Oct. 11, 1996, 110 Stat. 3480; Pub. L. 106–65, div. A, title X, § 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 106–567, title I, § 105, Dec. 27, 2000, 114 Stat. 2834; Pub. L. 107–306, title III, §§ 321, 353(b)(1)(A), (4), Nov. 27, 2002, 116 Stat. 2391, 2402, related to authorities of Director of Central Intelligence, prior to repeal by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided. See sections 3024 and 3036 of this title.
Another prior section 104 of act July 26, 1947, was renumbered section 108 and is classified to section 3043 of this title.
heading: Effective Date
text: For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
heading: Communication of Restricted Data
text: Authorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under section 2162 of Title 42, The Public Health and Welfare.
50 U.S.C. § 3037 (WAR AND NATIONAL DEFENSE)
§ 3037. Deputy Director of the Central Intelligence Agency
(a) Deputy Director of the Central Intelligence Agency
There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President.
(b) Duties
The Deputy Director of the Central Intelligence Agency shall—
(1) assist the Director of the Central Intelligence Agency in carrying out the duties and responsibilities of the Director of the Central Intelligence Agency; and
(2) during the absence or disability of the Director of the Central Intelligence Agency, or during a vacancy in the position of Director of the Central Intelligence Agency, act for and exercise the powers of the Director of the Central Intelligence Agency.
(July 26, 1947, ch. 343, title I, § 104B, as added Pub. L. 111–259, title IV, § 423(a), Oct. 7, 2010, 124 Stat. 2727.)
heading: Codification
text: Section was formerly classified to section 403–4c of this title prior to editorial reclassification and renumbering as this section.
heading: Effective Date
text: Pub. L. 111–259, title IV, § 423(c), Oct. 7, 2010, 124 Stat. 2728, provided that:
“The amendments made by this section [enacting this section and amending section 5314 of Title 5, Government Organization and Employees] shall apply on the earlier of—
“(1) the date of the appointment by the President of an individual to serve as Deputy Director of the Central Intelligence Agency pursuant to section 104B of the National Security Act of 1947 [50 U.S.C. 3037], as added by subsection (a), except that the individual administratively performing the duties of the Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act [Oct. 7, 2010] may continue to perform such duties until the individual appointed to the position of Deputy Director of the Central Intelligence Agency assumes the duties of such position; or
“(2) the date of the cessation of the performance of the duties of the Deputy Director of the Central Intelligence Agency by the individual administratively performing such duties as of the date of the enactment of this Act.”
50 U.S.C. § 3039 (WAR AND NATIONAL DEFENSE)
§ 3039. Assistance to United States law enforcement agencies
(a) Authority to provide assistance
Subject to subsection (b) of this section, elements of the intelligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about individuals who are not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation.
(b) Limitation on assistance by elements of Department of Defense
(1) With respect to elements within the Department of Defense, the authority in subsection (a) of this section applies only to the following:
(A) The National Security Agency.
(B) The National Reconnaissance Office.
(C) The National Geospatial-Intelligence Agency.
(D) The Defense Intelligence Agency.
(2) Assistance provided under this section by elements of the Department of Defense may not include the direct participation of a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.
(3) Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the United States.
(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of the Department of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority.
(c) Definitions
For purposes of subsection (a) of this section:
(1) The term “United States law enforcement agency” means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section.
(2) The term “United States person” means the following:
(A) A United States citizen.
(B) An alien known by the intelligence agency concerned to be a permanent resident alien.
(C) An unincorporated association substantially composed of United States citizens or permanent resident aliens.
(D) A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
(July 26, 1947, ch. 343, title I, § 105A, as added Pub. L. 104–293, title VIII, § 814(a), Oct. 11, 1996, 110 Stat. 3483; amended Pub. L. 108–136, div. A, title IX, § 921(e)(3), Nov. 24, 2003, 117 Stat. 1569.)
heading: Codification
text: Section was formerly classified to section 403–5a of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2003—Subsec. (b)(1)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
50 U.S.C. § 3044 (WAR AND NATIONAL DEFENSE)
§ 3044. Repealed. Pub. L. 111–259, title III, § 347(a), Oct. 7, 2010, 124 Stat. 2698
text: Section, act July 26, 1947, ch. 343, title I, § 109, as added Pub. L. 103–178, title III, § 304(a), Dec. 3, 1993, 107 Stat. 2034; amended Pub. L. 104–293, title VIII, § 803(a), (b)(1), Oct. 11, 1996, 110 Stat. 3475, 3476; Pub. L. 106–65, div. A, title X, § 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107–306, title VIII, § 811(b)(1)(B), Nov. 27, 2002, 116 Stat. 2422, related to annual report on intelligence.
heading: Codification
text: Section was formerly classified to section 404d of this title and repealed prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 3046 (WAR AND NATIONAL DEFENSE)
§ 3046. Repealed. Pub. L. 108–458, title I, § 1075, Dec. 17, 2004, 118 Stat. 3694
text: Section, act July 26, 1947, ch. 343, title I, § 111, formerly § 121, as added Pub. L. 104–201, div. A, title XI, § 1114(c), Sept. 23, 1996, 110 Stat. 2685; renumbered § 111, Pub. L. 105–107, title III, § 303(b), Nov. 20, 1997, 111 Stat. 2252, related to collection tasking authority of Director of Central Intelligence.
heading: Codification
text: Section was formerly classified to section 404f of this title and repealed prior to editorial reclassification and renumbering as this section.
heading: Effective Date of Repeal
text: For Determination by President that repeal take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Repeal effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
50 U.S.C. § 3049 (WAR AND NATIONAL DEFENSE)
§ 3049. Non-reimbursable detail of other personnel
An officer or employee of the United States or member of the Armed Forces may be detailed to the staff of an element of the intelligence community funded through the National Intelligence Program from another element of the intelligence community or from another element of the United States Government on a non-reimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years. This section does not limit any other source of authority for reimbursable or non-reimbursable details. A non-reimbursable detail made under this section shall not be considered an augmentation of the appropriations of the receiving element of the intelligence community.
(July 26, 1947, ch. 343, title I, § 113A, as added Pub. L. 111–259, title III, § 302(a), Oct. 7, 2010, 124 Stat. 2658; amended Pub. L. 112–18, title III, § 303(a), June 8, 2011, 125 Stat. 226; Pub. L. 112–277, title III, § 303, Jan. 14, 2013, 126 Stat. 2471.)
heading: Codification
text: Section was formerly classified to section 404h–1 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
heading: Amendments
text: 2013—Pub. L. 112–277 substituted “three years.” for “two years.” and inserted at end “A non-reimbursable detail made under this section shall not be considered an augmentation of the appropriations of the receiving element of the intelligence community.”
2011—Pub. L. 112–18 amended section generally. Prior to amendment, text read as follows: “Except as provided in section 402c(g)(2) of this title and section 404h of this title, and notwithstanding any other provision of law, an officer or employee of the United States or member of the Armed Forces may be detailed to the staff of an element of the intelligence community funded through the National Intelligence Program from another element of the intelligence community or from another element of the United States Government on a reimbursable or nonreimbursable basis, as jointly agreed to by the head of the receiving element and the head of the detailing element, for a period not to exceed 2 years.”
50 U.S.C. § 3054 (WAR AND NATIONAL DEFENSE)
§ 3054. POW/MIA analytic capability
(a) Requirement
(1) The Director of National Intelligence shall, in consultation with the Secretary of Defense, establish and maintain in the intelligence community an analytic capability with responsibility for intelligence in support of the activities of the United States relating to individuals who, after December 31, 1990, are unaccounted for United States personnel.
(2) The analytic capability maintained under paragraph (1) shall be known as the “POW/MIA analytic capability of the intelligence community”.
(b) Unaccounted for United States personnel
In this section, the term “unaccounted for United States personnel” means the following:
(1) Any missing person (as that term is defined in section 1513(1) of title 10).
(2) Any United States national who was killed while engaged in activities on behalf of the United States and whose remains have not been repatriated to the United States.
(July 26, 1947, ch. 343, title I, § 117, as added Pub. L. 106–567, title III, § 307(a), Dec. 27, 2000, 114 Stat. 2839; amended Pub. L. 108–458, title I, § 1071(a)(1)(T), Dec. 17, 2004, 118 Stat. 3689.)
heading: Codification
text: Section was formerly classified to section 404l of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2004—Subsec. (a)(1). Pub. L. 108–458 substituted “Director of National Intelligence” for “Director of Central Intelligence”.
heading: Effective Date of 2004 Amendment
text: 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. § 3072 (WAR AND NATIONAL DEFENSE)
§ 3072. Authority of Federal Bureau of Investigation to award personal services contracts
(a) In general
The Director of the Federal Bureau of Investigation may enter into personal services contracts if the personal services to be provided under such contracts directly support the intelligence or counterintelligence missions of the Federal Bureau of Investigation.
(b) Inapplicability of certain requirements
Contracts under subsection (a) of this section shall not be subject to the annuity offset requirements of sections 8344 and 8468 of title 5, the requirements of section 3109 of title 5, or any law or regulation requiring competitive contracting.
(c) Contract to be appropriate means of securing services
The Chief Contracting Officer of the Federal Bureau of Investigation shall ensure that each personal services contract entered into by the Director under this section is the appropriate means of securing the services to be provided under such contract.
(July 26, 1947, ch. 343, title III, § 302, as added Pub. L. 108–177, title III, § 311(a)(1), Dec. 13, 2003, 117 Stat. 2605.)
heading: Codification
text: Section was formerly classified to section 409b of this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 302 of act July 26, 1947, ch. 343, title III, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10(b), 63 Stat. 585; Aug. 10, 1956, ch. 1041, § 21, 70A Stat. 629, was classified to section 171c–2 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 87–651, title III, § 307A, Sept. 7, 1962, 76 Stat. 526.