50 U.S.C. § 3022 — Joint Intelligence Community Council

Page 576 TITLE 50—WAR AND NATIONAL DEFENSE § 3022 sible for establishing Policy Coordination Committees (PCCs) and for providing objectives and clear guidance. D. Policy Coordination Committees Management of the development and implementation of national security policies by multiple executive de- partments and agencies typically shall be accomplished by the PCCs, with participation primarily occurring at the Assistant Secretary level. As the main day-to-day fora for interagency coordination of national security policies, the PCCs shall provide policy analysis for con- sideration by the more senior committees of the na- tional security system and ensure timely responses to the President’s decisions. Regional and issue-related PCCs shall be established at the direction of the DC. Members of the NSC staff (or National Economic Council staff, as appropriate) will chair the PCCs; the DC, at its discretion, may add co-chairs to any PCC. The PCCs shall review and co- ordinate the implementation of Presidential decisions in their respective policy areas. The Chair of each PCC, in consultation with the Executive Secretary, shall in- vite representatives of other executive departments and agencies to attend meetings of the PCC where ap- propriate. The Chair of each PCC, with the agreement of the Executive Secretary, may establish subordinate working groups to assist that PCC in the performance of its duties. E. General The President and the Vice President may attend any and all meetings of any entity established by or under this memorandum. This document is part of a series of National Security Presidential Memoranda, which have replaced both Presidential Policy Directives and Presidential Study Directives as the instrument for communicating rel- evant Presidential decisions. This memorandum shall supersede all other existing Presidential directives and guidance on the organization or support of the NSC and the HSC, including National Security Presidential Memorandum–2 (January 28, 2017), which is hereby re- voked. With regard to its application to economic mat- ters, this document shall be interpreted in concert with any Executive Order governing the National Economic Council and with Presidential Memoranda signed here- after that implement it or those Executive Orders. The Secretary of Defense is hereby authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 3022. Joint Intelligence Community Council (a) Joint Intelligence Community Council There is a Joint Intelligence Community Council. (b) Membership The Joint Intelligence Community Council shall consist of the following: (1) The Director of National Intelligence, who shall chair the Council. (2) The Secretary of State. (3) The Secretary of the Treasury. (4) The Secretary of Defense. (5) The Attorney General. (6) The Secretary of Energy. (7) The Secretary of Homeland Security. (8) Such other officers of the United States Government as the President may designate from time to time. (c) Functions The Joint Intelligence Community Council shall assist the Director of National Intelligence in developing and implementing a joint, unified national intelligence effort to protect national security by— (1) advising the Director on establishing re- quirements, developing budgets, financial management, and monitoring and evaluating the performance of the intelligence commu- nity, and on such other matters as the Direc- tor may request; and (2) ensuring the timely execution of pro- grams, policies, and directives established or developed by the Director. (d) Meetings The Director of National Intelligence shall convene meetings of the Joint Intelligence Com- munity Council as the Director considers appro- priate. (e) Advice and opinions of members other than Chairman (1) A member of the Joint Intelligence Com- munity Council (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Director of National Intelligence to the President or the National Security Council, in the role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the Chairman presents the advice of the Chairman to the President or the National Security Council, as the case may be. (2) The Chairman shall establish procedures to ensure that the presentation of the advice of the Chairman to the President or the National Secu- rity Council is not unduly delayed by reason of the submission of the individual advice or opin- ion of another member of the Council. (f) Recommendations to Congress Any member of the Joint Intelligence Commu- nity Council may make such recommendations to Congress relating to the intelligence commu- nity as such member considers appropriate. (July 26, 1947, ch. 343, title I, § 101A, as added Pub. L. 108–458, title I, § 1031, Dec. 17, 2004, 118 Stat. 3677; amended Pub. L. 116–92, div. E, title LXIII, § 6311(a), Dec. 20, 2019, 133 Stat. 2191.) Editorial Notes CODIFICATION Section was formerly classified to section 402–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2019—Subsec. (d). Pub. L. 116–92 struck out ‘‘regular’’ before ‘‘meetings’’ and inserted ‘‘as the Director con- siders appropriate’’ after ‘‘Council’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. Page 577 TITLE 50—WAR AND NATIONAL DEFENSE § 3023 § 3023. Director of National Intelligence (a) Director of National Intelligence (1) There is a Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. Any individual nominated for appointment as Direc- tor of National Intelligence shall have extensive national security expertise. (2) The Director of National Intelligence shall not be located within the Executive Office of the President. (b) Principal responsibility Subject to the authority, direction, and con- trol of the President, the Director of National Intelligence shall— (1) serve as head of the intelligence commu- nity; (2) act as the principal adviser to the Presi- dent, to the National Security Council, and the Homeland Security Council for intel- ligence matters related to the national secu- rity; and (3) consistent with section 1018 of the Na- tional Security Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program. (c) Prohibition on dual service The individual serving in the position of Di- rector of National Intelligence shall not, while so serving, also serve as the Director of the Cen- tral Intelligence Agency or as the head of any other element of the intelligence community. (July 26, 1947, ch. 343, title I, § 102, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3644.) Editorial Notes REFERENCES IN TEXT Section 1018 of the National Security Intelligence Re- form Act of 2004, referred to in subsec. (b)(3), is section 1018 of Pub. L. 108–458, which is set out as a note below. CODIFICATION Section was formerly classified to section 403 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 102 of act July 26, 1947, ch. 343, title I, as added and amended Pub. L. 104–293, title VIII, §§ 805(a), 809(a), 810, 811, Oct. 11, 1996, 110 Stat. 3477, 3481, 3482; Pub. L. 105–107, title IV, § 405, Nov. 20, 1997, 111 Stat. 2261; Pub. L. 105–272, title III, § 306, Oct. 20, 1998, 112 Stat. 2401, related to Office of the Director of Cen- tral Intelligence prior to repeal by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, ef- fective not later than six months after Dec. 17, 2004, ex- cept as otherwise expressly provided. See section 3036 of this title. Another prior section 102 of act July 26, 1947, ch. 343, title I, 61 Stat. 497; act Apr. 4, 1953, ch. 16, 67 Stat. 19; Pub. L. 102–496, title VII, § 704, Oct. 24, 1992, 106 Stat. 3189; Pub. L. 104–93, title VII, § 701, Jan. 6, 1996, 109 Stat. 977; Pub. L. 104–106, div. A, title V, § 570, Feb. 10, 1996, 110 Stat. 353, related to establishment of Central Intel- ligence Agency and appointment and functions of its Director and Deputy Director prior to repeal by Pub. L. 104–293, title VIII, § 805(a), Oct. 11, 1996, 110 Stat. 3477. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. MERGER OF THE FOREIGN COUNTERINTELLIGENCE PRO- GRAM AND THE GENERAL DEFENSE INTELLIGENCE PRO- GRAM Pub. L. 113–126, title III, § 314, July 7, 2014, 128 Stat. 1399, provided that: ‘‘Notwithstanding any other provi- sion of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintel- ligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act [see Tables for classification]. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intel- ligence committees.’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 314 of Pub. L. 113–126, set out above, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.] PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES Pub. L. 108–458, title I, § 1018, Dec. 17, 2004, 118 Stat. 3670, provided that: ‘‘The President shall issue guide- lines to ensure the effective implementation and execu- tion within the executive branch of the authorities granted to the Director of National Intelligence by this title [see Tables for classification] and the amendments made by this title, in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments of the United States Government concerning such departments, including, but not lim- ited to: ‘‘(1) the authority of the Director of the Office of Management and Budget; and ‘‘(2) the authority of the principal officers of the ex- ecutive departments as heads of their respective de- partments, including, but not limited to, under— ‘‘(A) section 199 of the Revised Statutes (22 U.S.C. 2651); ‘‘(B) title II of the Department of Energy Organi- zation Act (42 U.S.C. 7131 et seq.); ‘‘(C) the State Department Basic Authorities Act of 1956 [Act Aug. 1, 1956, ch. 841, see Tables for clas- sification]; ‘‘(D) section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); and ‘‘(E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31, United States Code.’’ REPORT ON LESSONS LEARNED FROM MILITARY OPERATIONS IN IRAQ Pub. L. 108–177, title III, § 357, Dec. 13, 2003, 117 Stat. 2621, as amended by Pub. L. 108–458, title I, § 1071(g)(3)(A)(vi), Dec. 17, 2004, 118 Stat. 3692, required Director of National Intelligence to submit report to Congress, not later than one year after Dec. 13, 2003, on intelligence lessons learned as a result of Operation Iraqi Freedom. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90–539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91–185, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91–626, §§ 1–6, Dec. 31, 1970, 84 Stat. 1872–1874; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 93–210, § 1(a), Dec. 28, 1973, 87