50 U.S.C. § 3026 — Deputy Directors of National Intelligence

Page 607 TITLE 50—WAR AND NATIONAL DEFENSE § 3026 ‘‘(A) Identifying, and (as appropriate) dissemi- nating within the United States Government, intel- ligence relating to the identification, location, or activities of foreign persons suspected of playing a role in committing Russian atrocities in Ukraine. ‘‘(B) Identifying analytic and other intelligence needs and priorities of the intelligence community with respect to the commitment of such Russian atrocities. ‘‘(C) Addressing any gaps in intelligence collec- tion relating to the commitment of such Russian atrocities and developing recommendations to ad- dress any gaps so identified, including by recom- mending the modification of the priorities of the intelligence community with respect to intel- ligence collection. ‘‘(D) Collaborating with appropriate counterparts across the intelligence community to ensure appro- priate coordination on, and integration of the anal- ysis of, the commitment of such Russian atrocities. ‘‘(E) Identifying intelligence and other informa- tion that may be relevant to preserve evidence of potential war crimes by Russia, consistent with the public commitments of the United States to sup- port investigations into the conduct of Russia. ‘‘(F) Ensuring the Atrocities Early Warning Task Force and other relevant departments and agencies of the United States Government receive appro- priate support from the intelligence community with respect to the collection, analysis, preserva- tion, and, as appropriate, dissemination, of intel- ligence related to Russian atrocities in Ukraine. ‘‘(3) PLAN REQUIRED.—Not later than 30 days after the date of enactment of this Act, the Director of Na- tional Intelligence shall submit to the appropriate committees of Congress— ‘‘(A) the name of the official designated as the Co- ordinator pursuant to paragraph (1); and ‘‘(B) the strategy of the intelligence community for the collection of intelligence related to Russian atrocities in Ukraine, including a detailed descrip- tion of how the Coordinator shall support, and as- sist in facilitating the implementation of, such strategy. ‘‘(4) ANNUAL REPORT TO CONGRESS.— ‘‘(A) REPORTS REQUIRED.—Not later than May 1, 2023, and annually thereafter until May 1, 2026, the Director of National Intelligence shall submit to the appropriate committees of Congress a report detailing, for the year covered by the report— ‘‘(i) the analytical findings and activities of the intelligence community with respect to Russian atrocities in Ukraine; and ‘‘(ii) the recipients of information shared pursu- ant to this section for the purpose of ensuring ac- countability for such Russian atrocities, and the date of any such sharing. ‘‘(B) FORM.—Each report submitted under sub- paragraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods. ‘‘(C) SUPPLEMENT.—The Director of National In- telligence may supplement an existing reporting re- quirement with the information required under sub- paragraph (A) on an annual basis to satisfy that re- quirement with prior notification of intent to do so to the appropriate committees of Congress. ‘‘(c) SUNSET.—This section shall cease to have effect on the date that is 4 years after the date of the enact- ment of this Act [Dec. 23, 2022].’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 6512 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.] § 3026. Deputy Directors of National Intelligence (a) Principal Deputy Director of National Intel- ligence (1) There is a Principal Deputy Director of Na- tional Intelligence who shall be appointed by the President, by and with the advice and con- sent of the Senate. (2) In the event of a vacancy in the position of Principal Deputy Director of National Intel- ligence, the Director of National Intelligence shall recommend to the President an individual for appointment as Principal Deputy Director of National Intelligence. (3) Any individual nominated for appointment as Principal Deputy Director of National Intel- ligence shall have extensive national security experience and management expertise. (4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so serving, serve in any capacity in any other element of the intelligence community. (5) The Principal Deputy Director of National Intelligence shall assist the Director of National Intelligence in carrying out the duties and re- sponsibilities of the Director. (6) The Principal Deputy Director of National Intelligence shall act for, and exercise the pow- ers of, the Director of National Intelligence dur- ing the absence or disability of the Director of National Intelligence or during a vacancy in the position of Director of National Intelligence. (b) Deputy Directors of National Intelligence (1) There may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of National Intel- ligence. (2) Each Deputy Director of National Intel- ligence appointed under this subsection shall have such duties, responsibilities, and authori- ties as the Director of National Intelligence may assign or are specified by law. (c) Military status of Director of National Intel- ligence and Principal Deputy Director of Na- tional Intelligence (1) Not more than one of the individuals serv- ing in the positions specified in paragraph (2) may be a commissioned officer of the Armed Forces in active status. (2) The positions referred to in this paragraph are the following: (A) The Director of National Intelligence. (B) The Principal Deputy Director of Na- tional Intelligence. (3) It is the sense of Congress that, under ordi- nary circumstances, it is desirable that one of the individuals serving in the positions specified in paragraph (2)— (A) be a commissioned officer of the Armed Forces, in active status; or (B) have, by training or experience, an ap- preciation of military intelligence activities and requirements. (4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)— (A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of De- fense; (B) shall not exercise, by reason of the offi- cer’s status as a commissioned officer, any su- pervision or control with respect to any of the military or civilian personnel of the Depart- ment of Defense except as otherwise author- ized by law; and Page 608 TITLE 50—WAR AND NATIONAL DEFENSE § 3027 (C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of that officer. (5) Except as provided in subparagraph (A) or (B) of paragraph (4), the appointment of an offi- cer of the Armed Forces to a position specified in paragraph (2) shall not affect the status, posi- tion, rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade. (6) A commissioned officer of the Armed Forces on active duty who is appointed to a po- sition specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to receive military pay and allowances and shall not receive the pay pre- scribed for such position. Funds from which such pay and allowances are paid shall be reimbursed from funds available to the Director of National Intelligence. (July 26, 1947, ch. 343, title I, § 103A, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3656.) Editorial Notes CODIFICATION Section was formerly classified to section 403–3a of this title prior to editorial reclassification and renum- bering as this section. 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. § 3027. National Intelligence Council (a) National Intelligence Council There is a National Intelligence Council. (b) Composition (1) The National Intelligence Council shall be composed of senior analysts within the intel- ligence community and substantive experts from the public and private sector, who shall be appointed by, report to, and serve at the pleas- ure of, the Director of National Intelligence. (2) The Director shall prescribe appropriate se- curity requirements for personnel appointed from the private sector as a condition of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intru- sive requirements which the Director considers to be unnecessary for this purpose. (c) Duties and responsibilities (1) The National Intelligence Council shall— (A) produce national intelligence estimates for the United States Government, including alternative views held by elements of the in- telligence community and other information as specified in paragraph (2); (B) evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and re- sources of such collection and production; and (C) otherwise assist the Director of National Intelligence in carrying out the responsibil- ities of the Director under section 3024 of this title. (2) The Director of National Intelligence shall ensure that the Council satisfies the needs of policymakers and other consumers of intel- ligence. (d) Service as senior intelligence advisers Within their respective areas of expertise and under the direction of the Director of National Intelligence, the members of the National Intel- ligence Council shall constitute the senior intel- ligence advisers of the intelligence community for purposes of representing the views of the in- telligence community within the United States Government. (e) Authority to contract Subject to the direction and control of the Di- rector of National Intelligence, the National In- telligence Council may carry out its responsibil- ities under this section by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this section. (f) Staff The Director of National Intelligence shall make available to the National Intelligence Council such staff as may be necessary to per- mit the Council to carry out its responsibilities under this section. (g) Availability of Council and staff (1) The Director of National Intelligence shall take appropriate measures to ensure that the National Intelligence Council and its staff sat- isfy the needs of policymaking officials and other consumers of intelligence. (2) The Council shall be readily accessible to policymaking officials and other appropriate in- dividuals not otherwise associated with the in- telligence community. (h) Support The heads of the elements of the intelligence community shall, as appropriate, furnish such support to the National Intelligence Council, in- cluding the preparation of intelligence analyses, as may be required by the Director of National Intelligence. (i) National Intelligence Council product For purposes of this section, the term ‘‘Na- tional Intelligence Council product’’ includes a National Intelligence Estimate and any other intelligence community assessment that sets forth the judgment of the intelligence commu- nity as a whole on a matter covered by such product. (July 26, 1947, ch. 343, title I, § 103B, as added Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3657.)