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50 U.S.C. § 3105a (WAR AND NATIONAL DEFENSE)
§ 3105a. Annual assessment of intelligence community performance by function
(a) In general
Not later than April 1, 2016, and each year thereafter, the Director of National Intelligence shall, in consultation with the Functional Managers, submit to the congressional intelligence committees a report on covered intelligence functions during the preceding year.
(b) Elements
Each report under subsection (a) shall include for each covered intelligence function for the year covered by such report the following:
(1) An identification of the capabilities, programs, and activities of such intelligence function, regardless of the element of the intelligence community that carried out such capabilities, programs, and activities.
(2) A description of the investment and allocation of resources for such intelligence function, including an analysis of the allocation of resources within the context of the National Intelligence Strategy, priorities for recipients of resources, and areas of risk.
(3) A description and assessment of the performance of such intelligence function.
(4) An identification of any issues related to the application of technical interoperability standards in the capabilities, programs, and activities of such intelligence function.
(5) An identification of the operational overlap or need for de-confliction, if any, within such intelligence function.
(6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of an integrated intelligence enterprise.
(7) A description of any efforts to establish consistency in tradecraft and training within such intelligence function.
(8) A description and assessment of developments in technology that bear on the future of such intelligence function.
(9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section.
(c) Definitions
In this section:
(1) The term “covered intelligence functions” means each intelligence function for which a Functional Manager has been established under section 3034a of this title during the year covered by a report under this section.
(2) The term “Functional Manager” means the manager of an intelligence function established under section 3034a of this title.
(July 26, 1947, ch. 343, title V, § 506J, as added Pub. L. 113–126, title III, § 306(a), July 7, 2014, 128 Stat. 1395.)
50 U.S.C. § 3108 (WAR AND NATIONAL DEFENSE)
§ 3108. Auditability of certain elements of the intelligence community
(a) Requirement for annual audits
The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization.
(b) Requirement for unqualified opinion
Beginning as early as practicable, but in no event later than the audit required under subsection (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such covered entity for the fiscal year covered by such audit.
(c) Reports to Congress
The chief financial officer of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a).
(d) Covered entity defined
In this section, the term “covered entity” means the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency.
(July 26, 1947, ch. 343, title V, § 509, as added Pub. L. 113–126, title III, § 309(a), July 7, 2014, 128 Stat. 1398.)
50 U.S.C. § 3109 (WAR AND NATIONAL DEFENSE)
§ 3109. Significant interpretations of law concerning intelligence activities
(a) Notification
Except as provided in subsection (c) and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the General Counsel of each element of the intelligence community shall notify the congressional intelligence committees, in writing, of any significant legal interpretation of the United States Constitution or Federal law affecting intelligence activities conducted by such element by not later than 30 days after the date of the commencement of any intelligence activity pursuant to such interpretation.
(b) Content
Each notification under subsection (a) shall provide a summary of the significant legal interpretation and the intelligence activity or activities conducted pursuant to such interpretation.
(c) Exceptions
A notification under subsection (a) shall not be required for a significant legal interpretation if—
(1) notice of the significant legal interpretation was previously provided to the congressional intelligence committees under subsection (a); or
(2) the significant legal interpretation was made before July 7, 2014.
(d) Limited access for covert action
If the President determines that it is essential to limit access to a covert action finding under section 3093(c)(2) of this title, the President may limit access to information concerning such finding that is subject to notification under this section to those members of Congress who have been granted access to the relevant finding under section 3093(c)(2) of this title.
(July 26, 1947, ch. 343, title V, § 510, as added Pub. L. 113–126, title III, § 321(a), July 7, 2014, 128 Stat. 1399.)
50 U.S.C. § 3309 (WAR AND NATIONAL DEFENSE)
§ 3309. Notification of establishment of advisory committee
The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include—
(1) a description of such advisory committee, including the subject matter of such committee;
(2) a list of members of such advisory committee; and
(3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act.
(Pub. L. 111–259, title IV, § 410(b), Oct. 7, 2010, 124 Stat. 2725; Pub. L. 113–126, title III, § 329(b)(1), July 7, 2014, 128 Stat. 1406.)
heading: References in Text
text: Section 4(b)(3) of the Federal Advisory Committee Act, referred to in par. (3), is section 4(b)(3) of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Codification
text: Section was formerly classified as a note under section 405 of this title prior to editorial reclassification as this section.
heading: Amendments
text: 2014—Pub. L. 113–126 amended section generally. Prior to amendment, section related to annual report on advisory committees created by Director of National Intelligence and Director of the Central Intelligence Agency, contents of report, and inclusion of reasons for ODNI exclusion of advisory committee from Federal Advisory Committee Act.
heading: Definition
text: For definition of “congressional intelligence committees” referred to in text, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.
50 U.S.C. § 3311 (WAR AND NATIONAL DEFENSE)
§ 3311. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations
(a) In general
Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following:
(1) The congressional intelligence committees.
(2) The Subcommittee on Defense of the Committee on Appropriations of the Senate.
(3) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(4) In the case of a plan for an element of the intelligence community that is within the Department of Defense, to—
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(b) Head of an applicable agency defined
In this section, the term “head of an applicable agency” includes the following:
(1) The Director of National Intelligence.
(2) The Director of the Central Intelligence Agency.
(3) Each head of each element of the intelligence community that is within the Department of Defense.
(Pub. L. 113–126, title III, § 323, July 7, 2014, 128 Stat. 1401.)
heading: Definition
text: For definition of “congressional intelligence committees” referred to in subsec. (a)(1), see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.
50 U.S.C. § 3346 (WAR AND NATIONAL DEFENSE)
§ 3346. Compilation and organization of previously declassified records
(a) , (b) Omitted
(c) Compilation and organization of records
The Department of Defense may not be required, when conducting a special search, to compile or organize records that have already been declassified and placed into the public domain.
(d) Special searches
For the purpose of this section, the term “special search” means the response of the Department of Defense to any of the following:
(1) A statutory requirement to conduct a declassification review on a specified set of agency records.
(2) An Executive order to conduct a declassification review on a specified set of agency records.
(3) An order from the President or an official with delegated authority from the President to conduct a declassification review on a specified set of agency records.
(Pub. L. 106–398, § 1 [[div. A], title X, § 1075], Oct. 30, 2000, 114 Stat. 1654, 1654A–280.)
heading: References in Text
text: This section, referred to in subsec. (d), is section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as enacted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. See Codification note below.
heading: Codification
text: Section was formerly classified as a note under section 435 of this title prior to editorial reclassification as this section.
Section is comprised of section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as enacted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. Subsec. (a) of section 1075 amended former section 230 of Title 10, Armed Forces and subsec. (b) of section 1075 was not classified to the Code.
50 U.S.C. § 3602 (WAR AND NATIONAL DEFENSE)
§ 3602. Director of the Agency and Director of Compliance
(a)
(1) There is a Director of the National Security Agency.
(2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.
(3) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this chapter or otherwise by law or executive order.
(b) There is a Director of Compliance of the National Security Agency, who shall be appointed by the Director of the National Security Agency and who shall be responsible for the programs of compliance over mission activities of the National Security Agency.
(Pub. L. 86–36, § 2, as added Pub. L. 111–259, title IV, § 433, Oct. 7, 2010, 124 Stat. 2732; amended Pub. L. 113–126, title IV, § 401(a), July 7, 2014, 128 Stat. 1407.)
heading: Codification
text: Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section.
heading: Prior Provisions
text: A prior section 2 of Pub. L. 86–36, May 29, 1959, 73 Stat. 63; Pub. L. 87–367, title II, § 201, Oct. 4, 1961, 75 Stat. 789; Sept. 23, 1950, ch. 1024, title III, § 306(a), as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170; Pub. L. 88–426, title III, § 306(h), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88–631, § 3(d), Oct. 6, 1964, 78 Stat. 1008; Pub. L. 89–632, § 1(e)(1), Oct. 8, 1966, 80 Stat. 878; Pub. L. 102–496, title IV, § 405, Oct. 24, 1992, 106 Stat. 3186, related to authority of Secretary of Defense to establish positions and fix compensation, prior to repeal by Pub. L. 104–201, div. A, title XVI, §§ 1633(b)(1), 1635, Sept. 23, 1996, 110 Stat. 2751, 2752, effective Oct. 1, 1996.
heading: Amendments
text: 2014—Pub. L. 113–126 added subsec. (a) and designated existing provisions as subsec. (b).
heading: Effective Date of 2014 Amendment
text: Amendment by Pub. L. 113–126 effective Oct. 1, 2014, and applicable upon the earlier of the date of the first nomination by the President of an individual to serve as the Director of the National Security Agency that occurs on or after Oct. 1, 2014, or the date of the cessation of the performance of the duties of the Director of the National Security Agency by the individual performing such duties on Oct. 1, 2014, subject to an exception for initial nominations, see section 403 of Pub. L. 113–126, set out as a note under section 8G of the Inspector General Act of 1978, Pub. L. 95–452, in the Appendix to Title 5, Government Organization and Employees.
heading: Position of Importance and Responsibility
text: Pub. L. 113–126, title IV, § 401(b), July 7, 2014, 128 Stat. 1408, provided that:
“(1) In general.—
The President may designate the Director of the National Security Agency as a position of importance and responsibility under section 601 of title 10, United States Code.
“(2) Effective date.—
Paragraph (1) shall take effect on the date of the enactment of this Act [July 7, 2014].”
16 U.S.C. § 90c (CONSERVATION)
§ 90c. Administration
The Secretary shall administer the park in accordance with sections 1, 2, 3, and 4 of this title, as amended and supplemented.
(Pub. L. 90–544, title IV, § 401, Oct. 2, 1968, 82 Stat. 928.)
heading: North Cascades National Park Service Complex Fish Stocking
text: Pub. L. 113–137, July 25, 2014, 128 Stat. 1741, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘North Cascades National Park Service Complex Fish Stocking Act’.
“SEC. 2. DEFINITIONS.
“In this Act:
“(1) North cascades national park service complex.—
The term ‘North Cascades National Park Service Complex’ means collectively the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area.
“(2) Plan.—
The term ‘plan’ means the document entitled ‘North Cascades National Park Service Complex Mountain Lakes Fishery Management Plan and Environmental Impact Statement’ and dated June 2008.
“(3) Secretary.—
The term ‘Secretary’ means the Secretary of the Interior.
“SEC. 3. STOCKING OF CERTAIN LAKES IN THE NORTH CASCADES NATIONAL PARK SERVICE COMPLEX.
“(a) In General.—
Subject to subsection (b), the Secretary shall authorize the stocking of fish in lakes in the North Cascades National Park Service Complex.
“(b) Conditions.—
“(1) In general.—
The Secretary is authorized to allow stocking of fish in not more than 42 of the 91 lakes in the North Cascades National Park Service Complex that have historically been stocked with fish.
“(2) Native nonreproducing fish.—
The Secretary shall only stock fish that are—
“(A) native to the slope of the Cascade Range on which the lake to be stocked is located; and
“(B) nonreproducing, as identified in management alternative B of the plan.
“(3) Considerations.—
In making fish stocking decisions under this Act, the Secretary shall consider relevant scientific information, including the plan and information gathered under subsection (c).
“(4) Required coordination.—
The Secretary shall coordinate the stocking of fish under this Act with the State of Washington.
“(c) Research and Monitoring.—
The Secretary shall—
“(1) continue a program of research and monitoring of the impacts of fish stocking on the resources of the applicable unit of the North Cascades National Park Service Complex; and
“(2) beginning on the date that is 5 years after the date of enactment of this Act [July 25, 2014] and every 5 years thereafter, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the research and monitoring under paragraph (1).”
21 U.S.C. § 353a–1 (FOOD AND DRUGS)
§ 353a–1. Enhanced communication
(a) Submissions from State boards of pharmacy
In a manner specified by the Secretary of Health and Human Services (referred to in this section as the “Secretary”), the Secretary shall receive submissions from State boards of pharmacy—
(1) describing actions taken against compounding pharmacies, as described in subsection (b); or
(2) expressing concerns that a compounding pharmacy may be acting contrary to section 353a of this title.
(b) Content of submissions from State boards of pharmacy
An action referred to in subsection (a)(1) is, with respect to a pharmacy that compounds drugs, any of the following:
(1) The issuance of a warning letter, or the imposition of sanctions or penalties, by a State for violations of a State’s pharmacy regulations pertaining to compounding.
(2) The suspension or revocation of a State-issued pharmacy license or registration for violations of a State’s pharmacy regulations pertaining to compounding.
(3) The recall of a compounded drug due to concerns relating to the quality or purity of such drug.
(c) Consultation
The Secretary shall implement subsection (a) in consultation with the National Association of Boards of Pharmacy.
(d) Notifying State boards of pharmacy
The Secretary shall immediately notify State boards of pharmacy when—
(1) the Secretary receives a submission under subsection (a)(1); or
(2) the Secretary makes a determination that a pharmacy is acting contrary to section 353a of this title.
(Pub. L. 113–54, title I, § 105, Nov. 27, 2013, 127 Stat. 597.)
heading: Codification
text: Section was enacted as part of the Compounding Quality Act and also as part of the Drug Quality and Security Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.
35 U.S.C. § 133 (PATENTS)
§ 133. Time for prosecuting application
Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.
(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–211, title II, § 202(b)(5), Dec. 18, 2012, 126 Stat. 1536.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 37 (R.S. 4894, amended (1) Mar. 3, 1897, ch. 391, § 4, 29 Stat. 692, 693, (2) July 6, 1916, ch. 225, § 1, 39 Stat. 345, 347–8, (3) Mar. 2, 1927, ch. 273, § 1, 44 Stat. 1335, (4) Aug. 7, 1939, ch. 568, 53 Stat. 1264).
The opening clause of the corresponding section of existing statute is omitted as having no present day meaning or value and the last two sentences are omitted for inclusion in section 267. The notice is stated as given or mailed. Language is revised.
heading: Amendments
text: 2012—Pub. L. 112–211 struck out “, unless it be shown to the satisfaction of the Director that such delay was unavoidable” before period at end.
2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in two places.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.
heading: Effective Date of 1999 Amendment
text: Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
35 U.S.C. § 151 (PATENTS)
§ 151. Issue of patent
(a) In General.—
If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.
(b) Effect of Payment.—
Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.
(Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.)
heading: Prior Provisions
text: A prior section 151, act July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 89–83, § 4, July 24, 1965, 79 Stat. 260; Pub. L. 93–601, § 3, Jan. 2, 1975, 88 Stat. 1956; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906, related to issue of patent, prior to repeal by Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.
heading: Effective Date
text: Section effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that date and patent applications pending on or filed after that date, and not effective with respect to patents in litigation commenced before that date, see section 203 of Pub. L. 112–211, set out as a note under section 27 of this title.
35 U.S.C. § 171 (PATENTS)
§ 171. Patents for designs
(a) In General.—
Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.
(b) Applicability of This Title.—
The provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.
(c) Filing Date.—
The filing date of an application for patent for design shall be the date on which the specification as prescribed by section 112 and any required drawings are filed.
(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 112–211, title II, § 202(a), Dec. 18, 2012, 126 Stat. 1535.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 73 (R.S. 4929, amended (1) May 9, 1902, ch. 783, 32 Stat. 193, (2) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212; R.S. 4933).
The list of conditions specified in the corresponding section of existing statute is omitted as unnecessary in view of the general inclusion of all conditions applying to other patents. Language is changed.
heading: Amendments
text: 2012—Pub. L. 112–211 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, and added subsec. (c).
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.