50 U.S.C. § 3078 — Repealing and savings provisions

Page 664 TITLE 50—WAR AND NATIONAL DEFENSE § 3076 1 See References in Text note below. 1 See References in Text note below. Sept. 7, 1962, 76 Stat. 526. Section 201, enacted by Pub. L. 116–92, div. E, title LXVII, § 6742(b)(6), 133 Stat. 2240, is classified to section 3005 of this title. Sections 205(c), 206(a), and 207(c) of title II, renumbered sections 205(b), 206, and 207 by Pub. L. 116–92, div. E, title LXVII, § 6742(b)(7)–(9), 133 Stat. 2240, were formerly classified to section 409 of this title prior to editorial reclassifica- tion and renumbering as section 3004 of this title. For complete classification of title II to the Code, see Ta- bles. CODIFICATION Section was formerly classified to section 410 of this title prior to editorial reclassification and renumbering as this section, and to section 171n of Title 5 prior to the general revision and enactment of Title 5, Govern- ment Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92 substituted ‘‘sections 3002, 3021, 3023, 3025, and 3073 of this title’’ for ‘‘this Act’’. 1949—Subsec. (b). Act Aug. 10, 1949, substituted defini- tion of ‘‘Department of Defense’’ for definition of ‘‘budget program’’. § 3076. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (July 26, 1947, ch. 343, title III, § 309, 61 Stat. 509.) Editorial Notes REFERENCES IN 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. CODIFICATION Section was formerly classified as a note under sec- tion 401 of this title prior to editorial reclassification as this section. § 3077. Effective date (a) The first sentence of section 202(a),1 this section, and sections 3001, 3002, 3074, 3075, and 3076 of this title shall take effect July 26, 1947. (b) Except as provided in subsection (a), the provisions of this chapter shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after July 26, 1947. (July 26, 1947, ch. 343, title III, § 310, 61 Stat. 509.) Editorial Notes REFERENCES IN TEXT The first sentence of section 202(a), referred to in sub- sec. (a), means the first sentence of section 202(a) of act July 26, 1947, ch. 343, which was classified to section 171a of former Title 5, Executive Departments and Gov- ernment Officers and Employees, prior to the enact- ment of Title 5, Government Organization and Employ- ees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. This chapter, referred to in subsec. (b), 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 Ta- bles. CODIFICATION Section was formerly classified as a note under sec- tion 401 of this title prior to editorial reclassification as this section. § 3078. Repealing and savings provisions All laws, orders, and regulations inconsistent with the provisions of this title 1 are repealed in- sofar as they are inconsistent with the powers, duties, and responsibilities enacted hereby: Pro- vided, That the powers, duties, and responsibil- ities 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 Govern- ment generally, including accounting and finan- cial 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 Gov- ernment in connection with such matters, but no such department, agency, or officer shall ex- ercise any such powers, duties, or responsibil- ities in a manner that will render ineffective the provisions of this title.1 (July 26, 1947, ch. 343, title III, § 312, formerly title IV, § 411, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 590; renumbered title III, § 312, Pub. L. 116–92, div. E, title LXVII, § 6742(b)(11), Dec. 20, 2019, 133 Stat. 2240.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, meant, when enacted, title IV of act July 26, 1947, ch. 343, which was added by section 11 of act Aug. 10, 1949, ch. 412, 63 Stat. 585, and which consisted of sections 401 to 411, this section being section 411. Section 11 of act Aug. 10, 1949—except for ‘‘§ 411’’—was repealed by Pub. L. 87–651, § 307, Sept. 7, 1962, 76 Stat. 526. Although that repeal was executed by repealing title IV of act July 26, 1947 (except for this section), and the subsequent renumbering of section 411 of that Act as section 312 suggests that this section is now within title III, it is unclear whether the reference to ‘‘this title’’ should now be interpreted as referring to title III (classified to this subchapter) or whether it continues to refer to the now eliminated title IV. See Codification note below. CODIFICATION When originally enacted, this section was section 411 of title IV of the National Security Act of 1947, act July 26, 1947, ch. 343 (‘‘the Act’’). Title IV of the Act, con- sisting of sections 401 to 411, was added by section 11 of act Aug. 10, 1949, ch. 412, 63 Stat. 585. Provisions of title IV of the Act were restated by Pub. L. 87–651, Sept. 7, 1962, 76 Stat. 506, section 307 of which (at 76 Stat. 526) subsequently repealed section 11 of act Aug. 10, 1949— except for ‘‘§ 411’’—but did not repeal any of the sec- tions in title IV directly. Nevertheless, the repeal of section 11, except for ‘‘§ 411’’, was executed as a repeal of title IV of the Act, except for this section. There is debate as to whether any of title IV of the Act contin- ued to exist after the repeal such that section 411 re- Page 665 TITLE 50—WAR AND NATIONAL DEFENSE § 3091 mained a part of it or whether all other traces of the title were eliminated completely so that section 411 was effectively absorbed into title III. The subsequent renumbering of section 411 of the Act as section 312 by Pub. L. 116–92 suggests that this section should be con- sidered within title III (as shown in the credit above), although there has been no explicit amendment renum- bering the title of the Act containing it. Section was classified to section 3006 of this title prior to renumbering by Pub. L. 116–92. Section was formerly classified to section 412 of this title prior to editorial reclassification and renumbering as section 3006, 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. § 3079. Insider threat policy compliance and re- porting The head of each element of the intelligence community shall— (1) implement the policy established in ac- cordance with section 3024(f)(8) of this title; and (2) concurrent with the submission to Con- gress of budget justification materials in sup- port of the budget of the President for a fiscal year that is submitted to Congress under sec- tion 1105(a) of title 31, submit to Congress a certification as to whether the element is in compliance with such policy. (July 26, 1947, ch. 343, title III, § 313, as added Pub. L. 117–263, div. F, title LXIII, § 6314(b), Dec. 23, 2022, 136 Stat. 3511.) SUBCHAPTER III—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES § 3091. General congressional oversight provi- sions (a) Reports to congressional committees of intel- ligence activities and anticipated activities (1) The President shall ensure that the con- gressional intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by this subchapter. (2) Nothing in this subchapter shall be con- strued as requiring the approval of the congres- sional intelligence committees as a condition precedent to the initiation of any significant an- ticipated intelligence activity. (b) Reports concerning illegal intelligence activi- ties The President shall ensure that any illegal in- telligence activity is reported promptly to the congressional intelligence committees, as well as any corrective action that has been taken or is planned in connection with such illegal activ- ity. (c) Procedures for reporting information The President and the congressional intel- ligence committees shall each establish such written procedures as may be necessary to carry out the provisions of this subchapter. (d) Procedures to protect from unauthorized dis- closure The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect from unau- thorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the congressional intelligence committees or to Members of Congress under this subchapter. Such procedures shall be established in con- sultation with the Director of National Intel- ligence. In accordance with such procedures, each of the congressional intelligence commit- tees shall promptly call to the attention of its respective House, or to any appropriate com- mittee or committees of its respective House, any matter relating to intelligence activities re- quiring the attention of such House or such committee or committees. (e) Construction of authority conferred Nothing in this chapter shall be construed as authority to withhold information from the con- gressional intelligence committees on the grounds that providing the information to the congressional intelligence committees would constitute the unauthorized disclosure of classi- fied information or information relating to in- telligence sources and methods. (f) ‘‘Intelligence activities’’ defined As used in this section, the term ‘‘intelligence activities’’ includes covert actions as defined in section 3093(e) of this title, and includes finan- cial intelligence activities. (July 26, 1947, ch. 343, title V, § 501, as added Pub. L. 102–88, title VI, § 602(a)(2), Aug. 14, 1991, 105 Stat. 441; amended Pub. L. 107–306, title III, §§ 342(b), 353(b)(3)(A), (7), Nov. 27, 2002, 116 Stat. 2399, 2402; Pub. L. 108–458, title I, § 1071(a)(1)(V), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111–259, title III, § 331(a), Oct. 7, 2010, 124 Stat. 2685.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e), 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 Ta- bles. CODIFICATION Section was formerly classified to section 413 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 501 of act July 26, 1947, ch. 343, title V, as added Pub. L. 96–450, title IV, § 407(b)(1), Oct. 14, 1980, 94 Stat. 1981, related to congressional oversight of intelligence activities, prior to repeal by Pub. L. 102–88, § 602(a)(2). AMENDMENTS 2010—Subsec. (c). Pub. L. 111–259 substituted ‘‘such written procedures’’ for ‘‘such procedures’’. 2004—Subsec. (d). Pub. L. 108–458 substituted ‘‘Direc- tor of National Intelligence’’ for ‘‘Director of Central Intelligence’’. 2002—Subsec. (a). Pub. L. 107–306, § 353(b)(3)(A), sub- stituted ‘‘congressional intelligence committees’’ for ‘‘intelligence committees’’ wherever appearing. Subsec. (a)(2), (3). Pub. L. 107–306, § 353(b)(7), redesig- nated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘As used in this subchapter, the term