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50 U.S.C. § 2404 (WAR AND NATIONAL DEFENSE)
§ 2404. Deputy Administrator for Defense Programs
(a) In general
There is in the Administration a Deputy Administrator for Defense Programs, who is appointed by the President, by and with the advice and consent of the Senate.
(b) Duties
Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Programs shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:
(1) Maintaining and enhancing the safety, reliability, and performance of the United States nuclear weapons stockpile, including the ability to design, produce, and test, in order to meet national security requirements.
(2) Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories.
(Pub. L. 106–65, div. C, title XXXII, § 3214, Oct. 5, 1999, 113 Stat. 959; Pub. L. 107–107, div. C, title XXXI, § 3142, Dec. 28, 2001, 115 Stat. 1370; Pub. L. 118–31, div. C, title XXXI, § 3112(a), Dec. 22, 2023, 137 Stat. 788.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (b)(3). Pub. L. 118–31 struck out par. (3) which read as follows: “Directing, managing, and overseeing assets to respond to incidents involving nuclear weapons and materials.”
2001—Subsec. (c). Pub. L. 107–107 struck out heading and text of subsec. (c). Text read as follows: “The head of each national security laboratory and nuclear weapons production facility shall, consistent with applicable contractual obligations, report to the Deputy Administrator for Defense Programs.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2412 (WAR AND NATIONAL DEFENSE)
§ 2412. Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group
(a) Establishment
There is in the Administration a working group, to be known as the “Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group” (referred to in this section as the “working group”).
(b) Membership
Members of the working group shall include—
(1) the Deputy Administrator for Defense Programs;
(2) the Associate Administrator for Information Management and Chief Information Officer; and
(3) such other personnel of the Administration as are determined appropriate for inclusion in the working group by the Chairperson.
(c) Chairperson
The Deputy Administrator for Defense Programs shall serve as the Chairperson of the working group, except that the Administrator may designate another member of the working group to serve as Chairperson in lieu of the Deputy Administrator if the Administrator determines it is appropriate to do so.
(d) Comprehensive strategy
The working group shall prepare a comprehensive strategy for inventorying the range of systems of the Administration that are potentially at risk in the operational technology and nuclear weapons information technology environments, assessing the systems at risk based on mission impact, and implementing risk mitigation actions. Such strategy shall incorporate key elements of effective cybersecurity risk management strategies, as identified by the Government Accountability Office, including the specification of—
(1) goals, objectives, activities, and performance measures;
(2) organizational roles, responsibilities, and coordination;
(3) resources needed to implement the strategy through 2034; and
(4) detailed milestones and schedules for completion of tasks.
(e) Submission to Congress
(1) Interim briefing
Not later than 120 days after December 22, 2023, the working group shall provide to the congressional defense committees a briefing on the plan of the working group to develop the strategy required under subsection (d).
(2) Completed strategy
Not later than April 1, 2025, the working group shall submit the congressional defense committees a copy of the completed strategy.
(f) Termination
The working group shall terminate on a date determined by the Administrator that is not earlier than the date that is five years after December 22, 2023.
(Pub. L. 106–65, div. C, title XXXII, § 3222, as added Pub. L. 118–31, div. C, title XXXI, § 3113, Dec. 22, 2023, 137 Stat. 789.)
50 U.S.C. § 2422 (WAR AND NATIONAL DEFENSE)
§ 2422. Office of Defense Nuclear Security
(a) Establishment
There is within the Administration an Office of Defense Nuclear Security, headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for such position.
(b) Chief of Defense Nuclear Security
(1) The head of the Office of Defense Nuclear Security is the Chief of Defense Nuclear Security, who shall report to the Administrator and shall implement the security policies directed by the Secretary and Administrator.
(2) The Chief shall have direct access to the Secretary and all other officials of the Department and the contractors of the Department concerning security matters.
(3) The Chief shall be responsible for the development and implementation of security programs for the Administration, including the protection, control and accounting of materials, and for the physical security for all facilities of the Administration.
(Pub. L. 106–65, div. C, title XXXII, § 3232, Oct. 5, 1999, 113 Stat. 960; Pub. L. 109–364, div. C, title XXXI, § 3117(b)(1), Oct. 17, 2006, 120 Stat. 2507; Pub. L. 118–31, div. C, title XXXI, § 3111(2), Dec. 22, 2023, 137 Stat. 788.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (b)(3). Pub. L. 118–31 struck out “and cyber” after “physical”.
2006—Pub. L. 109–364, § 3117(b)(1)(A), struck out “Office of Defense Nuclear Counterintelligence and” before “Office of Defense Nuclear Security” in section catchline.
Subsec. (a). Pub. L. 109–364, § 3117(b)(1)(B), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows:
“(1) There are within the Administration—
“(A) an Office of Defense Nuclear Counterintelligence; and
“(B) an Office of Defense Nuclear Security.
“(2) Each office established under paragraph (1) shall be headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for each such position.”
Subsecs. (b), (c). Pub. L. 109–364, § 3117(b)(1)(C), (D), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to the Chief of Defense Nuclear Counterintelligence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2441 (WAR AND NATIONAL DEFENSE)
§ 2441. Authority to establish certain contracting, program management, scientific, engineering, and technical positions
The Administrator may, for the purposes of carrying out the responsibilities of the Administrator under this chapter, establish not more than 1,200 contracting, program management, scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 2201(d) of title 42 to make appointments and fix compensation with respect to officers and employees described in such section. To ensure that the positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such a position to replace the vacancy of a position not established under this section.
(Pub. L. 106–65, div. C, title XXXII, § 3241, Oct. 5, 1999, 113 Stat. 964; Pub. L. 112–239, div. C, title XXXI, § 3111(b)(1), (2), Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–66, div. C, title XXXI, § 3145(d), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 116–92, div. C, title XXXI, § 3111(b), Dec. 20, 2019, 133 Stat. 1950; Pub. L. 118–31, div. C, title XXXI, § 3114, Dec. 22, 2023, 137 Stat. 790.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables.
heading: Amendments
text: 2023—Pub. L. 118–31 substituted “1,200” for “800”.
2019—Pub. L. 116–92 substituted “800” for “600”.
2013—Pub. L. 113–66, in last sentence, substituted “positions established” for “excepted positions established”, “a position” for “an excepted position”, and “position not established under this section” for “nonexcepted position”.
Pub. L. 112–239, in section catchline, inserted “contracting, program management,” before “scientific” and, in text, substituted “600 contracting, program management, scientific” for “300 scientific” and inserted at end “To ensure that the excepted positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such an excepted position to replace the vacancy of a nonexcepted position.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2796 (WAR AND NATIONAL DEFENSE)
§ 2796. Limitation on establishing an enduring bioassurance program within the Administration
(a) In general
The Administrator may not establish, administer, manage, or facilitate a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense.
(b) Rule of construction
The limitation described in subsection (a) shall not be interpreted—
(1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or
(2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided—
(A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and
(B) in a manner that does not interfere with mission of such laboratory or facility.
(Pub. L. 107–314, div. D, title XLVIII, § 4815, as added Pub. L. 118–31, div. C, title XXXI, § 3122(a), Dec. 22, 2023, 137 Stat. 792.)
50 U.S.C. § 3034b (WAR AND NATIONAL DEFENSE)
§ 3034b. Intelligence Community Chief Data Officer
(a) Intelligence Community Chief Data Officer
There is an Intelligence Community Chief Data Officer 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 the Intelligence Community Chief Data Officer shall have a professional background and experience appropriate for the duties of the Intelligence Community Chief Data Officer. In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government.
(c) Duties
The Intelligence Community Chief Data Officer shall—
(1) act as the chief representative of the Director of National Intelligence for data issues within the intelligence community;
(2) coordinate, to the extent practicable and advisable, with the Chief Data Officer of the Department of Defense to ensure consistent data policies, standards, and procedures between the intelligence community and the Department of Defense;
(3) assist the Director of National Intelligence regarding data elements of the budget of the Office of the Director of National Intelligence; and
(4) perform other such duties relating to data as may be prescribed by the Director of National Intelligence or specified in law.
(July 26, 1947, ch. 343, title I, § 103K, as added Pub. L. 117–263, div. F, title LXVII, § 6704, Dec. 23, 2022, 136 Stat. 3562; amended Pub. L. 118–31, div. G, title III, § 7310(b)(1), Dec. 22, 2023, 137 Stat. 1028.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (c)(4). Pub. L. 118–31 inserted “relating to data” after “duties”.
heading: Statutory Notes and Related Subsidiaries
heading: Removal of Unrelated Duties and Functions
text: Pub. L. 118–31, div. G, title III, § 7310(b)(2), Dec. 22, 2023, 137 Stat. 1028, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], consistent with section 103K(c) of the National Security Act of 1947 (50 U.S.C. 3034b(c)), as amended by paragraph (1), the Director of National Intelligence shall complete such internal reorganization of the Office of the Director of National Intelligence as the Director determines necessary to ensure that the duties of the Intelligence Community Chief Data Officer appointed under such section do not include any other duty that does not relate to an issue involving data.”
50 U.S.C. § 3113 (WAR AND NATIONAL DEFENSE)
§ 3113. Unfunded priorities of the intelligence community: annual report
(a) Annual report
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the head of each element of the intelligence community shall prepare and submit to the Director of National Intelligence, 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 a report on the unfunded priorities of the programs under the jurisdiction of such head.
(b) Elements
(1) In general
Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
(B) Whether such priority will satisfy a covert action or support collection against requirements identified in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities), including a description of such requirements and the related prioritization level.
(C) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
(D) Budget information with respect to the unfunded priority, including—
(i) the appropriation account;
(ii) the expenditure center; and
(iii) the project and, if applicable, subproject.
(2) Prioritization of priorities
Each report shall present the unfunded priorities covered by such report in overall order of urgency of priority among unfunded priorities.
(c) Unfunded priority defined
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of an element of the intelligence community that—
(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
(2) is necessary to fulfill a covert action or to satisfy an information requirement associated with the collection, analysis, or dissemination of intelligence that has been documented within the National Intelligence Priorities Framework; and
(3) would have been recommended for funding by the head of the element of the intelligence community if—
(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
(B) the program, activity, or mission requirement has emerged since the budget was formulated.
(July 26, 1947, ch. 343, title V, § 514, as added Pub. L. 117–263, div. F, title LXIII, § 6315, Dec. 23, 2022, 136 Stat. 3512; amended Pub. L. 118–31, div. G, title III, § 7312, Dec. 22, 2023, 137 Stat. 1030.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (a). Pub. L. 118–31 inserted “prepare and” after “each element of the intelligence community shall”.
50 U.S.C. § 3114 (WAR AND NATIONAL DEFENSE)
§ 3114. Submission of covered documents and classified annexes
(a) Covered document defined
In this section, the term “covered document” means any executive order, memorandum, or policy directive issued by the President, including national security Presidential memoranda and Presidential policy directives, or such successor memoranda and directives.
(b) Requirement
Not later than 7 days after the date on which the President issues or amends a covered document, the President, acting through the Director of National Intelligence, 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 the covered document and any classified annex accompanying that document if such covered document or annex contains a direction to, establishes a requirement for, or includes a restriction on any element of the intelligence community.
(July 26, 1947, ch. 343, title V, § 515, as added Pub. L. 117–263, div. F, title LXIII, § 6316(a), Dec. 23, 2022, 136 Stat. 3513.)
heading: Statutory Notes and Related Subsidiaries
heading: Initial Submission
text: Pub. L. 117–263, div. F, title LXIII, § 6316(b), Dec. 23, 2022, 136 Stat. 3513, provided that: “Not later than 60 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence 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 each covered document and classified annex required under section 515 of the National Security Act of 1947 [50 U.S.C. 3114], as added by subsection (a), in effect as of the date of enactment of this Act.”
[For definition of “congressional intelligence committees” as used in section 6316(b) 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.]
50 U.S.C. § 3115 (WAR AND NATIONAL DEFENSE)
§ 3115. Submission of legislative proposals
Not later than 45 days after the date on which the President submits to Congress the budget for each fiscal year pursuant to section 1105(a) of title 31, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives any legislative provisions that are proposed by the Director to be enacted as part of the annual intelligence authorization bill for that fiscal year.
(July 26, 1947, ch. 343, title V, § 516, as added Pub. L. 118–31, div. G, title III, § 7313, Dec. 22, 2023, 137 Stat. 1030.)
50 U.S.C. § 3227a (WAR AND NATIONAL DEFENSE)
§ 3227a. Degree-granting authority
(a) In general
Beginning on the transfer date, under regulations prescribed by the Director of National Intelligence, the President of the National Intelligence University may, upon the recommendation of the faculty of the University, confer appropriate degrees upon graduates who meet the degree requirements.
(b) Limitation
A degree may not be conferred under this section unless—
(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
(2) the University is accredited by the appropriate academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
(July 26, 1947, ch. 343, title X, § 1032, as added Pub. L. 116–260, div. W, title III, § 305(a), Dec. 27, 2020, 134 Stat. 2366; amended Pub. L. 118–31, div. G, title III, § 7327(c), Dec. 22, 2023, 137 Stat. 1045.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (c). Pub. L. 118–31 struck out subsec. (c) which related to congressional notification requirements.
50 U.S.C. § 3227c (WAR AND NATIONAL DEFENSE)
§ 3227c. Continued applicability of the Federal Advisory Committee Act to the Board of Visitors
The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall continue to apply to the Board of Visitors of the National Intelligence University on and after the transfer date.
(July 26, 1947, ch. 343, title X, § 1034, as added Pub. L. 116–260, div. W, title III, § 305(a), Dec. 27, 2020, 134 Stat. 2367.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in text, is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
50 U.S.C. § 3237a (WAR AND NATIONAL DEFENSE)
§ 3237a. Repealed. Pub. L. 117–263, div. F, title LXVIII, § 6811(a), Dec. 23, 2022, 136 Stat. 3600
text: Section, act July 26, 1947, ch. 343, title XI, § 1107A, as added Pub. L. 116–260, div. W, title VI, § 611(b), Dec. 27, 2020, 134 Stat. 2393, related to annual reports on security services of the People’s Republic of China in the Hong Kong Special Administrative Region.
50 U.S.C. § 3244 (WAR AND NATIONAL DEFENSE)
§ 3244. Annual report on reporting requirements
(a) Annual report required
Not later than March 1 of each fiscal year, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report detailing all congressionally mandated reporting requirements applicable to Office 1 of the Director of National Intelligence for the upcoming fiscal year.
(b) Contents
Each report submitted pursuant to subsection (a) shall include, for the fiscal year covered by the report and for each congressionally mandated reporting requirement detailed in the report:
(1) A description of the reporting requirement.
(2) A citation to the provision of law (or other source of congressional directive) imposing the reporting requirement.
(3) Whether the reporting requirement is recurring, conditional, or subject to a termination provision.
(4) Whether the Director recommends repealing or modifying the requirement.
(c) Form
Each report submitted pursuant to subsection (a) may be submitted in classified form.
(July 26, 1947, ch. 343, title XI, § 1114, as added Pub. L. 118–31, div. G, title III, § 7314(a), Dec. 22, 2023, 137 Stat. 1031.)
50 U.S.C. § 3315 (WAR AND NATIONAL DEFENSE)
§ 3315. Repealed. Pub. L. 117–103, div. X, title V, § 504(e), Mar. 15, 2022, 136 Stat. 988
text: Section, Pub. L. 115–31, div. N, title VI, § 608(b), May 5, 2017, 131 Stat. 833, required annual certification of controlled access programs to the congressional intelligence committees.