50 U.S.C. § 3041a — Director of the National Reconnaissance

Page 632 TITLE 50—WAR AND NATIONAL DEFENSE § 3041a AMENDMENTS 2019—Pub. L. 116–92, § 6742(b)(2)(A), made technical amendment to section designation in original. Subsec. (b)(2)(E). Pub. L. 116–92, § 6744(c)(1), inserted ‘‘and Counterintelligence’’ after ‘‘Office of Intel- ligence’’. Subsec. (b)(2)(F) to (H). Pub. L. 116–92, § 6744(c)(2), (3), redesignated subpars. (G) to (I) as (F) to (H), respec- tively, and struck out former subpar. (F) which read as follows: ‘‘The Director of the Office of Counterintel- ligence of the Department of Energy.’’ Subsec. (b)(2)(I). Pub. L. 116–92, § 6744(c)(3), redesig- nated subpar. (I) as (H). Pub. L. 116–92, § 6742(b)(2)(B), realigned margin. 2007—Subsec. (b)(2)(I). Pub. L. 110–53 amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: ‘‘The Assistant Secretary of Homeland Secu- rity for Information Analysis.’’ 2006—Subsec. (c)(2)(C). Pub. L. 109–177 added subpar. (C). 2004—Pub. L. 108–458 amended text generally, sub- stituting provisions relating to involvement of Direc- tor of National Intelligence in appointments, con- sisting of subsecs. (a) to (c), for provisions relating to involvement of Director of Central Intelligence in ap- pointments, consisting of subsecs. (a) and (b). 2003—Subsec. (a)(2)(C). Pub. L. 108–136 substituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘Na- tional Imagery and Mapping Agency’’. Subsec. (b)(2)(E). Pub. L. 108–177 added subpar. (E). 2001—Subsec. (b)(2)(C), (D). Pub. L. 107–108 added sub- pars. (C) and (D) and struck out former subpar. (C) which read as follows: ‘‘The Director of the Office of Nonproliferation and National Security of the Depart- ment of Energy.’’ 1996—Pub. L. 104–293 amended section generally, sub- stituting provisions relating to appointment of individ- uals responsible for intelligence-related activities for provisions relating to administrative provisions per- taining to defense elements within the intelligence community. 1994—Subsec. (b). Pub. L. 103–359 substituted ‘‘Central Imagery Office’’ for ‘‘central imagery authority’’ in heading and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum 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 as an Effective Date of 2004 Amend- ment; Transition Provisions note under section 3001 of this title. § 3041a. Director of the National Reconnaissance Office (a) In general There is a Director of the National Reconnais- sance Office. (b) Appointment The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions and duties The Director of the National Reconnaissance Office shall be the head of the National Recon- naissance Office and shall discharge such func- tions and duties as are provided by this chapter or otherwise by law or executive order. (d) Advisory Board (1) Establishment There is established in the National Recon- naissance Office an advisory board (in this sec- tion referred to as the ‘‘Board’’). (2) Duties The Board shall— (A) study matters relating to the mission of the National Reconnaissance Office, in- cluding with respect to promoting innova- tion, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and (B) advise and report directly to the Direc- tor with respect to such matters. (3) Members (A) Number and appointment (i) In general The Board shall be composed of up to 8 members appointed by the Director, in consultation with the Director of National Intelligence and the Secretary of Defense, from among individuals with dem- onstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnais- sance Office, and who do not present any actual or potential conflict of interest. (ii) Membership structure The Director shall ensure that no more than 2 concurrently serving members of the Board qualify for membership on the Board based predominantly on a single qualification set forth under clause (i). (iii) Notification Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10) of such appointment. (B) Terms Each member shall be appointed for a term of 2 years. Except as provided by subpara- graph (C), a member may not serve more than three terms. (C) Vacancy Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was ap- pointed shall be appointed only for the re- mainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (D) Chair The Board shall have a Chair, who shall be appointed by the Director from among the members. (E) Travel expenses Each member shall receive travel ex- penses, including per diem in lieu of subsist- ence, in accordance with applicable provi- sions under subchapter I of chapter 57 of title 5. Page 633 TITLE 50—WAR AND NATIONAL DEFENSE § 3041a 1 See References in Text note below. (F) Executive secretary The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board. (4) Meetings The Board shall meet not less than quar- terly, but may meet more frequently at the call of the Director. (5) Charter The Director shall establish a charter for the Board that includes the following: (A) Mandatory processes for identifying potential conflicts of interest, including the submission of initial and periodic financial disclosures by Board members. (B) The vetting of potential conflicts of in- terest by the designated agency ethics offi- cial, except that no individual waiver may be granted for a conflict of interest identi- fied with respect to the Chair of the Board. (C) The establishment of a process and as- sociated protections for any whistleblower alleging a violation of applicable conflict of interest law, Federal contracting law, or other provision of law. (6) Reports Not later than March 31 of each year, the Board shall submit to the Director and to the congressional intelligence committees a re- port on the activities and significant findings of the Board during the preceding year. (7) Nonapplicability of certain requirements The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Board. (8) Termination The Board shall terminate on August 31, 2027. (July 26, 1947, ch. 343, title I, § 106A, as added Pub. L. 113–126, title IV, § 411(a), July 7, 2014, 128 Stat. 1409; amended Pub. L. 116–92, div. E, title LXIV, § 6433(a), Dec. 20, 2019, 133 Stat. 2200; Pub. L. 117–263, div. F, title LXIV, § 6431, Dec. 23, 2022, 136 Stat. 3532; Pub. L. 118–159, div. F, title LXIII, § 6304, Dec. 23, 2024, 138 Stat. 2473.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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. The Federal Advisory Committee Act, referred to in subsec. (d)(7), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially 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 pre- ceding section 101 of Title 5. AMENDMENTS 2024—Subsec. (d)(3)(A)(i). Pub. L. 118–159, § 6304(1)(A), substituted ‘‘up to 8 members appointed by the Direc- tor’’ for ‘‘five members appointed by the Director’’ and inserted ‘‘, and who do not present any actual or poten- tial conflict of interest’’ before period at end. Subsec. (d)(3)(A)(ii), (iii). Pub. L. 118–159, § 6304(1)(B), (C), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (d)(5) to (7). Pub. L. 118–159, § 6304(2), (3), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (d)(8). Pub. L. 118–159, § 6304(2), (4), redesig- nated par. (7) as (8) and substituted ‘‘August 31, 2027’’ for ‘‘September 30, 2024’’. 2022—Subsec. (d)(3)(A)(i). Pub. L. 117–263, § 6431(1), in- serted ‘‘, in consultation with the Director of National Intelligence and the Secretary of Defense,’’ after ‘‘Di- rector’’. Subsec. (d)(7). Pub. L. 117–263, § 6431(2), substituted ‘‘September 30, 2024’’ for ‘‘the date that is 3 years after the date of the first meeting of the Board’’. 2019—Subsec. (d). Pub. L. 116–92 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 113–126, title IV, § 413, July 7, 2014, 128 Stat. 1410, as amended by Pub. L. 117–286, § 4(b)(12), Dec. 27, 2022, 136 Stat. 4344, provided that: ‘‘(a) IN GENERAL.—The amendments made by sections 411 [enacting this section] and 412 [amending sections 8G and 12 of Pub. L. 95–452, formerly set out in the Ap- pendix to Title 5, Government Organization and Em- ployees] shall take effect on October 1, 2014, and shall apply upon the earlier of— ‘‘(1) in the case of section 411— ‘‘(A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or ‘‘(B) the date of the cessation of the performance of the duties of the Director of the National Recon- naissance Office by the individual performing such duties on October 1, 2014; and ‘‘(2) in the case of section 412— ‘‘(A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or ‘‘(B) the date of the cessation of the performance of the duties of the Inspector General of the Na- tional Reconnaissance Office by the individual per- forming such duties on October 1, 2014. ‘‘(b) EXCEPTION FOR INITIAL NOMINATIONS.—Notwith- standing paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Re- connaissance Office or the Inspector General of the Na- tional Reconnaissance Office on the date that the President first nominates an individual for such posi- tion on or after October 1, 2014, may continue to per- form in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. ‘‘(c) INCUMBENT INSPECTOR GENERAL.—The individual serving as Inspector General of the National Reconnais- sance Office on the date of the enactment of this Act [July 7, 2014] shall be eligible to be appointed by the President to a new term of service under section 403 of title 5, United States Code, by and with the advice and consent of the Senate.’’ INITIAL APPOINTMENTS Pub. L. 116–92, div. E, title LXIV, § 6433(b), Dec. 20, 2019, 133 Stat. 2201, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of the National Reconnaissance Office shall appoint the initial five members to the ad- visory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).’’ Page 634 TITLE 50—WAR AND NATIONAL DEFENSE § 3042 POSITION OF IMPORTANCE AND RESPONSIBILITY Pub. L. 113–126, title IV, § 411(b), July 7, 2014, 128 Stat. 1409, provided that: ‘‘(1) IN GENERAL.—The President may designate the Director of the National Reconnaissance Office as a po- sition 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].’’ § 3042. Repealed. Pub. L. 116–92, div. E, title LXVII, § 6742(b)(3), Dec. 20, 2019, 133 Stat. 2240 Section, act July 26, 1947, ch. 343, title I, § 107, for- merly § 103, 61 Stat. 499; Sept. 3, 1954, ch. 1263, § 50, 68 Stat. 1244; renumbered § 107, Pub. L. 102–496, title VII, § 705(a)(2), Oct. 24, 1992, 106 Stat. 3190, related to emer- gency preparedness functions of the Director of the Of- fice of Defense Mobilization. § 3043. Annual national security strategy report (a) Transmittal to Congress (1) The President shall transmit to Congress each year a comprehensive report on the na- tional security strategy of the United States (hereinafter in this section referred to as a ‘‘na- tional security strategy report’’). (2) The national security strategy report for any year shall be transmitted on the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31. (3) Not later than 150 days after the date on which a new President takes office, the Presi- dent shall transmit to Congress a national secu- rity strategy report under this section. That re- port shall be in addition to the report for that year transmitted at the time specified in para- graph (2). (b) Contents Each national security strategy report shall set forth the national security strategy of the United States and shall include a comprehensive description and discussion of the following: (1) The worldwide interests, goals, and objec- tives of the United States that are vital to the national security of the United States. (2) The foreign policy, worldwide commit- ments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strat- egy of the United States. (3) The proposed short-term and long-term uses of the political, economic, military, and other elements of the national power of the United States to protect or promote the inter- ests and achieve the goals and objectives re- ferred to in paragraph (1). (4) The adequacy of the capabilities of the United States to carry out the national secu- rity strategy of the United States, including an evaluation of the balance among the capa- bilities of all elements of the national power of the United States to support the implemen- tation of the national security strategy. (5) Such other information as may be nec- essary to help inform Congress on matters re- lating to the national security strategy of the United States. (c) Classified and unclassified form Each national security strategy report shall be transmitted to Congress in classified form, but may include an unclassified summary. (July 26, 1947, ch. 343, title I, § 108, formerly § 104, as added Pub. L. 99–433, title VI, § 603(a)(1), Oct. 1, 1986, 100 Stat. 1074; renumbered § 108, Pub. L. 102–496, title VII, § 705(a)(2), Oct. 24, 1992, 106 Stat. 3190; amended Pub. L. 106–65, div. A, title IX, § 901(b), Oct. 5, 1999, 113 Stat. 717; Pub. L. 114–328, div. A, title IX, § 944, Dec. 23, 2016, 130 Stat. 2371; Pub. L. 116–92, div. E, title LXVII, § 6742(b)(4), Dec. 20, 2019, 133 Stat. 2240.) Editorial Notes CODIFICATION Section was formerly classified to section 404a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2019—Subsec. (c). Pub. L. 116–92 substituted ‘‘to Con- gress in classified form, but may include an unclassi- fied summary’’ for ‘‘in both a classified and an unclas- sified form’’. 2016—Subsec. (c). Pub. L. 114–328, which directed sub- stitution of ‘‘to Congress in classified form, but may in- clude an unclassified summary’’ for ‘‘in both a classi- fied form and an unclassified form’’, could not be exe- cuted because the words ‘‘in both a classified form and an unclassified form’’ did not appear in text. 1999—Subsec. (a)(3). Pub. L. 106–65 added par. (3). Statutory Notes and Related Subsidiaries NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO AL-QAEDA AND ITS VIOLENT EX- TREMIST AFFILIATES Pub. L. 112–81, div. A, title X, § 1032, Dec. 31, 2011, 125 Stat. 1571, as amended by Pub. L. 113–291, div. A, title XII, § 1262, Dec. 19, 2014, 128 Stat. 3580, provided that: ‘‘(a) PURPOSE.—The purpose of this section is to im- prove interagency strategic planning and execution to more effectively integrate efforts to deny safe havens and strengthen at-risk states to further the goals of the National Security Strategy related to the disruption, dismantlement, and defeat of al-Qaeda and its violent extremist affiliates. ‘‘(b) NATIONAL SECURITY PLANNING GUIDANCE.— ‘‘(1) GUIDANCE REQUIRED.—The President shall issue classified or unclassified national security planning guidance in support of objectives stated in the na- tional security strategy report submitted to Congress by the President pursuant to section 108 of the Na- tional Security Act of 1947 (50 U.S.C. 404a) [now 50 U.S.C. 3043] to deny safe havens to al-Qaeda and its violent extremist affiliates and to strengthen at-risk states. Such guidance shall serve as the strategic plan that governs United States and coordinated international efforts to enhance the capacity of gov- ernmental and nongovernmental entities to work to- ward the goal of eliminating the ability of al-Qaeda and its violent extremist affiliates to establish or maintain safe havens. ‘‘(2) CONTENTS OF GUIDANCE.—The guidance required under paragraph (1) shall include each of the fol- lowing: ‘‘(A) A prioritized list of specified geographic areas that the President determines are necessary to address and an explicit discussion and list of the criteria or rationale used to prioritize the areas on the list, including a discussion of the conditions that would hamper the ability of the United States to strengthen at-risk states or other entities in such areas.