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10 U.S.C. § 426 — Integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) ISR Integration Council.—**
(1) The Under Secretary of Defense for Intelligence and Security shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council—
(A) to assist the Secretary of Defense in carrying out the responsibilities of the Secretary under section 105(a) of the National Security Act of 1947 ([50 U.S.C. 3038(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3038/a&num=0&edition=prelim));
(B) to assist the Under Secretary with respect to matters relating to—
(i) integration of intelligence and counterintelligence capabilities and activities under [section 137(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section137/b&num=0&edition=prelim) of the military departments, intelligence agencies of the Department of Defense, and relevant combatant commands; and
(ii) coordination of related developmental activities of such departments, agencies, and combatant commands; and
(C) to otherwise provide a means to facilitate such integration and coordination.
(2) The Council shall be composed of—
(A) the Under Secretary, who shall chair the Council;
(B) the directors of the intelligence agencies of the Department of Defense;
(C) the senior intelligence officers of the armed forces and the regional and functional combatant commands;
(D) the Director for Intelligence of the Joint Chiefs of Staff; and
(E) the Director for Operations of the Joint Chiefs of Staff.
(3) The Under Secretary shall invite the participation of the Director of National Intelligence (or a representative of the Director) in the proceedings of the Council.
(4) The Under Secretary may designate additional participants to attend the proceedings of the Council, as the
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Source location: Title 10, Chapter 21, § 426; chapter-021-department-of-defense-intelligence-matters.md
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**(a) ISR Integration Council.—**
(1) The Under Secretary of Defense for Intelligence and Security shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council—
(A) to assist the Secretary of Defense in carrying out the responsibilities of the Secretary under section 105(a) of the National Security Act of 1947 ([50 U.S.C. 3038(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3038/a&num=0&edition=prelim));
(B) to assist the Under Secretary with respect to matters relating to—
(i) integration of intelligence and counterintelligence capabilities and activities under [section 137(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section137/b&num=0&edition=prelim) of the military departments, intelligence agencies of the Department of Defense, and relevant combatant commands; and
(ii) coordination of related developmental activities of such departments, agencies, and combatant commands; and
(C) to otherwise provide a means to facilitate such integration and coordination.
(2) The Council shall be composed of—
(A) the Under Secretary, who shall chair the Council;
(B) the directors of the intelligence agencies of the Department of Defense;
(C) the senior intelligence officers of the armed forces and the regional and functional combatant commands;
(D) the Director for Intelligence of the Joint Chiefs of Staff; and
(E) the Director for Operations of the Joint Chiefs of Staff.
(3) The Under Secretary shall invite the participation of the Director of National Intelligence (or a representative of the Director) in the proceedings of the Council.
(4) The Under Secretary may designate additional participants to attend the proceedings of the Council, as the Under Secretary determines appropriate.
**(b) Annual Briefings on the Intelligence and Counterintelligence Requirements of the Combatant Commands.—**
(1) The Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees and the congressional intelligence committees a briefing on the following:
(A) The intelligence and counterintelligence requirements, by specific intelligence capability type, of each of the relevant combatant commands.
(B) For the year preceding the year in which the briefing is provided, the fulfillment rate for each of the relevant combatant commands of the validated intelligence and counterintelligence requirements, by specific intelligence capability type, of such combatant command.
(C) A risk analysis identifying the critical gaps and shortfalls in efforts to address operational and strategic requirements of the Department of Defense that would result from the failure to fulfill the validated intelligence and counterintelligence requirements of the relevant combatant commands.
(D) A mitigation plan to balance and offset the gaps and shortfalls identified under subparagraph (C), including with respect to spaceborne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities.
(E) For the year preceding the year in which the briefing is provided—
(i) the number of intelligence and counterintelligence requests of each commander of a relevant combatant command determined by the Joint Chiefs of Staff to be a validated requirement, and the total of capacity of such requests provided to each such commander;
(ii) with respect to such validated requirements—
(I) the quantity of intelligence and counterintelligence capabilities or activities, by specific intelligence capability type, that the Joint Chiefs of Staff requested each military department to provide; and
(II) the total of capacity of such requests so provided by each such military department; and
(iii) a qualitative assessment of the alignment of intelligence and counterintelligence capabilities and activities with the program of analysis for each combat support agency and intelligence center of a military service that is part of—
(I) the Defense Intelligence Enterprise; and
(II) the intelligence community.
(2) The Under Secretary of Defense for Intelligence and Security shall provide to the congressional defense committees and the congressional intelligence committees a briefing on short-, mid-, and long-term strategies to address the validated intelligence and counterintelligence requirements of the relevant combatant commands, including with respect to spaceborne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities.
(3) The briefings required by paragraphs (1) and (2) shall be provided at the same time that the President’s budget is submitted pursuant to [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for each of fiscal years 2021 through 2025.
(4) In this subsection:
(A) The term “congressional intelligence committees” has the meaning given that term in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)).
(B) The term “Defense Intelligence Enterprise” means the organizations, infrastructure, and measures, including policies, processes, procedures, and products, of the intelligence, counterintelligence, and security components of each of the following:
(i) The Department of Defense.
(ii) The Joint Staff.
(iii) The combatant commands.
(iv) The military departments.
(v) Other elements of the Department of Defense that perform national intelligence, defense intelligence, intelligence-related, counterintelligence, or security functions.
(C) The term “fulfillment rate” means the percentage of combatant command intelligence and counterintelligence requirements satisfied by available, acquired, or realigned intelligence and counterintelligence capabilities or activities.
(D) The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is an Under Secretary of Defense for Intelligence and Security, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
**(b)** Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence and Security shall—
(1) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the activities of the Department of Defense that are part of the Military Intelligence Program;
(2) execute the functions for the National Intelligence Program of the Department of Defense under section 105 of the National Security Act of 1947 ([50 U.S.C. 3038](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3038&num=0&edition=prelim)), as delegated by the Secretary of Defense;
(3) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for personnel security, physical security, industrial security, and the protection of classified information and controlled unclassified information, related activities of the Department of Defense; and
(4) perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.
**(c)** The protection of privacy and civil liberties in accordance with Federal law and the regulations and directives of the Department of Defense shall be a top priority for the Under Secretary of Defense for Intelligence and Security.
**(d)** The Under Secretary of Defense for Intelligence and
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 137
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
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Federal law — U.S. Code and appendices · legal_authorities
Page 456
TITLE 10—ARMED FORCES
§ 426
Editorial Notes
CODIFICATION
The text of section 202(b) of this title, which was
transferred to this section by Pub. L. 105–107, § 503(b),
was based on Pub. L. 97–269, title V, § 501(a), Sept. 27,
1982, 96 Stat. 1145, § 191; renumbered § 201, Pub. L. 99–433,
title III, § 301(a)(1), Oct. 1, 1986, 100 Stat. 1019; renum-
bered § 202, Pub. L. 102–190, div. A, title IX, § 922(a)(1),
Dec. 5, 1991, 105 Stat. 1453.
PRIOR PROVISIONS
A prior section 425, added Pub. L. 103–178, title V,
§ 503(a)(1), Dec. 3, 1993, 107 Stat. 2038, related to disclo-
sure of information about personnel at National Recon-
naissance Office prior to repeal by Pub. L. 104–201, div.
A, title XI, §§ 1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683,
2688, effective Oct. 1, 1996. See section 424 of this title.
AMENDMENTS
2009—Subsec. (a). Pub. L. 111–84 repealed Pub. L.
110–417, § 932(a)(6). See 2008 Amendment note below.
2008—Subsec. (a). Pub. L. 110–181 and Pub. L. 110–417,
§ 932(a)(6), amended subsec. (a) identically, substituting
‘‘Director of National Intelligence’’ for ‘‘Director of
Central Intelligence’’ in introductory provisions. Pub.
L. 110–417, § 932(a)(6), was repealed by Pub. L. 111–84.
2003—Subsec. (a)(5). Pub. L. 108–136 added par. (5).
1997—Subsec. (b). Pub. L. 105–107, § 503(b), renumbered
section 202(b) of this title as subsec. (b) of this section
and inserted heading.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Reference to National Imagery and Mapping Agency
considered to be reference to National Geospatial-Intel-
ligence Agency, see section 921(a) of Pub. L. 108–136, set
out as a note under section 441 of this title.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009,
123
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 426
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3003
Stat. 495, known as the National Security Act of 1947,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 401 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1958—Pub. L. 85–599 amended section generally, and,
among other changes, provided that each military de-
partment shall be separately organized, instead of sepa-
rately administered, under its own Secretary and shall
function under the direction, authority, and control of
the Secretary of Defense, and inserted provisions relat-
ing to establishment of unified or specified combatant
commands and for elimination of unnecessary duplica-
tion.
1949—Act Aug. 10, 1949, provided that the military de-
partments shall be separately administered but be
under the direction of the Secretary of Defense, and
that there shall not be a single Chief of Staff over the
armed forces nor an armed forces general staff.
§ 3003. Definitions
As used in this chapter:
(1) The term ‘‘intelligence’’ includes foreign
intelligence and counterintelligence.
(2) The term ‘‘foreign intelligence’’ means
information relating to the capabilities, inten-
tions, or activities of foreign governments or
elements thereof, foreign organizations, or for-
eign persons, or international terrorist activi-
ties.
(3) The term ‘‘counterintelligence’’ means
information gathered, and activities con-
ducted, to protect against espionage, other in-
telligence activities, sabotage, or assassina-
tions conducted by or on behalf of foreign gov-
ernments or elements thereof, foreign organi-
zations, or foreign persons, or international
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3038
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Federal law — U.S. Code and appendices · legal_authorities
Page 627
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3038
§ 3038. Responsibilities of Secretary of Defense
pertaining to National Intelligence Program
(a) In general
Consistent with sections 3023 and 3024 of this
title, the Secretary of Defense, in consultation
with the Director of National Intelligence,
shall—
(1) ensure that the budgets of the elements
of the intelligence community within the De-
partment of Defense are adequate to satisfy
the overall intelligence needs of the Depart-
ment of Defense, including the needs of the
Chairman of the Joint Chiefs of Staff and the
commanders of the unified and specified com-
mands and, wherever such elements are per-
forming governmentwide functions, the needs
of other departments and agencies;
(2) ensure appropriate implementation of the
policies and resource decisions of the Director
by elements of the Department of Defense
within the National Intelligence Program;
(3) ensure that the tactical intelligence ac-
tivities of the Department of Defense com-
plement and are compatible with intelligence
activities under the National Intelligence Pro-
gram;
(4) ensure that the elements of the intel-
ligence community within the Department of
Defense are responsive and timely with re-
spect to satisfying the needs of operational
military forces;
(5) eliminate waste and unnecessary duplica-
tion among the intelligence activities of the
Department of Defense; and
(6) ensure that intelligence activities of the
Department of Defense are conducted jointly
where appropriate.
(b) Responsibility for performance of specific
functions
Consistent with sections 3023 and 3024 of this
title, the Secretary of Defense shall ensure—
(1) through the National Security Agency
(except as otherwise directed by the President
or the
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3038
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