50 U.S.C. § 3096 — Specificity of National Intelligence Pro-

Page 672 TITLE 50—WAR AND NATIONAL DEFENSE § 3096 (3) An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any intelligence or intelligence-related activity for which funds were denied by the Congress. (b) As used in this section— (1) the term ‘‘intelligence agency’’ means any department, agency, or other entity of the United States involved in intelligence or intel- ligence-related activities; (2) the terms ‘‘defense articles’’ and ‘‘defense services’’ mean the items on the United States Munitions List pursuant to section 38 of the Arms Export Control Act [22 U.S.C. 2778] (22 CFR part 121); (3) the term ‘‘transfer’’ means— (A) in the case of defense articles, the transfer of possession of those articles; and (B) in the case of defense services, the pro- vision of those services; and (4) the term ‘‘value’’ means— (A) in the case of defense articles, the greater of— (i) the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Government; or (ii) the replacement cost; and (B) in the case of defense services, the full cost to the Government of providing the services. (July 26, 1947, ch. 343, title V, § 505, formerly § 503, as added Pub. L. 99–569, title VI, § 602(a), Oct. 27, 1986, 100 Stat. 3203; renumbered § 505 and amended Pub. L. 102–88, title VI, §§ 602(a)(1), (c)(2), 604, Aug. 14, 1991, 105 Stat. 441, 444, 445; Pub. L. 103–160, div. A, title VIII, § 828(d)(1), Nov. 30, 1993, 107 Stat. 1715; Pub. L. 115–232, div. A, title VIII, § 809(r), Aug. 13, 2018, 132 Stat. 1844.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(2)(B)(i), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part II of the Act is classified generally to sub- chapter II (§ 2301 et seq.) of chapter 32 of Title 22, For- eign Relations and Intercourse. For provisions deeming references to subchapter II to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of sub- chapter II, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of Title 22, and sections 2348c and 2349aa–5 of Title 22. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. The Arms Export Control Act, referred to in subsec. (a)(2)(B)(i), is Pub. L. 90–269, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. CODIFICATION Section was formerly classified to section 415 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. In subsec. (a)(2)(B)(i), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Pub- lic Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2018—Subsec. (a)(2)(B)(i). Pub. L. 115–232 substituted ‘‘(including a law enacted pursuant to section 8677(a) of title 10)’’ for ‘‘(including a law enacted pursuant to sec- tion 7307(a) of that title)’’. 1993—Subsec. (a)(2)(B)(i). Pub. L. 103–160 substituted ‘‘section 7307(a)’’ for ‘‘section 7307(b)(1)’’. 1991—Subsec. (a)(1). Pub. L. 102–88 inserted ‘‘, or the anticipated transfer in any fiscal year of any aggrega- tion of defense articles or defense services,’’ after ‘‘service’’ and substituted ‘‘this subchapter’’ for ‘‘sec- tion 413 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 3096. Specificity of National Intelligence Pro- gram budget amounts for counterterrorism, counterproliferation, counternarcotics, and counterintelligence (a) In general The budget justification materials submitted to Congress in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31 shall set forth separately the aggregate amount re- quested for that fiscal year for the National In- telligence Program for each of the following: (1) Counterterrorism. (2) Counterproliferation. (3) Counternarcotics. (4) Counterintelligence. (b) Election of classified or unclassified form Amounts set forth under subsection (a) may be set forth in unclassified form or classified form, at the election of the Director of National Intel- ligence. (July 26, 1947, ch. 343, title V, § 506, as added Pub. L. 107–306, title III, § 311(a), Nov. 27, 2002, 116 Stat. 2390; amended Pub. L. 108–458, title I, § 1074(b)(1)(A), Dec. 17, 2004, 118 Stat. 3694; Pub. L. 112–87, title V, § 505(2), Jan. 3, 2012, 125 Stat. 1897.) Editorial Notes CODIFICATION Section was formerly classified to section 415a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–87 substituted ‘‘Director of National Intelligence.’’ for ‘‘Director of Central In- telligence.’’ 2004—Pub. L. 108–458, § 1074(b)(1)(A)(ii), struck out ‘‘Foreign’’ before ‘‘Intelligence’’ in section catchline. Subsec. (a). Pub. L. 108–458, § 1074(b)(1)(A)(i), sub- stituted ‘‘National Intelligence Program’’ for ‘‘Na- tional Foreign Intelligence Program’’. Page 673 TITLE 50—WAR AND NATIONAL DEFENSE § 3097 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 in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC IN CERTAIN BUDGET JUSTIFICATION MATERIALS Pub. L. 118–31, div. G, title III, § 7320, Dec. 22, 2023, 137 Stat. 1036, provided that: ‘‘(a) INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC.—For the purposes of the congressional budget justification book for the National Intelligence Pro- gram (as such term is defined in section 3 of the Na- tional Security Act of 1947 (50 U.S.C. 3003)) for each of fiscal years 2025 through 2027, and for any subsequent fiscal year as the Director of National Intelligence de- termines appropriate, information with respect to the aggregate amount of funding requested for counter- narcotics required to be included as part of the budget justification materials submitted to Congress under section 506(a)(3) of such Act [50 U.S.C. 3096(a)(3)] shall be included as a provision relating to a special topic in such congressional budget justification book. ‘‘(b) CONTENTS.—With respect to a fiscal year, the special topic provision included in the congressional budget justification book pursuant to subsection (a) re- garding the aggregate amount of funding requested for counternarcotics shall include— ‘‘(1) a summary of the main activities and invest- ments that such requested funding would support; ‘‘(2) a breakdown of such requested funding by pro- gram, budget category, intelligence discipline, and any other appropriate classification; ‘‘(3) a comparison of aggregate requested funding and aggregate enacted funding for counternarcotics for the current fiscal year and the previous fiscal year; ‘‘(4) the number of full-time equivalent civilian and military personnel assigned to the counternarcotics mission of the intelligence community; and ‘‘(5) such other information as the Director of Na- tional Intelligence determines appropriate.’’ [For definition of ‘‘intelligence community’’ as used in section 7320 of Pub. L. 118–31, set out above, see sec- tion 7002 of Pub. L. 118–31, set out as a note under sec- tion 3003 of this title.] § 3097. Budget treatment of costs of acquisition of major systems by the intelligence commu- nity (a) Independent cost estimates (1) The Director of National Intelligence shall, in consultation with the head of each element of the intelligence community concerned, prepare an independent cost estimate of the full life- cycle cost of development, procurement, and op- eration of each major system to be acquired by the intelligence community. (2)(A) Each independent cost estimate for a major system shall, to the maximum extent practicable, specify the amount required to be appropriated and obligated to develop, procure, and operate the major system in each fiscal year of the proposed period of development, procure- ment, and operation of the major system. (B) For major system acquisitions requiring a service or capability from another acquisition or program to deliver the end-to-end functionality for the intelligence community end users, inde- pendent cost estimates shall include, to the maximum extent practicable, all estimated costs across all pertinent elements of the intel- ligence community. For collection programs, such cost estimates shall include the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program. If such costs for proc- essing, exploitation, dissemination, and storage are scheduled to be executed in other elements of the intelligence community, the independent cost estimate shall identify and annotate such costs for such other elements accordingly. (3)(A) In the case of a program of the intel- ligence community that qualifies as a major system, an independent cost estimate shall be prepared before the submission to Congress of the budget of the President for the first fiscal year in which appropriated funds are anticipated to be obligated for the development or procure- ment of such major system. (B) In the case of a program of the intelligence community for which an independent cost esti- mate was not previously required to be prepared under this section, including a program for which development or procurement commenced before December 13, 2003, if the aggregate future costs of development or procurement (or any combination of such activities) of the program will exceed $500,000,000 (in current fiscal year dollars), the program shall qualify as a major system for purposes of this section, and an inde- pendent cost estimate for such major system shall be prepared before the submission to Con- gress of the budget of the President for the first fiscal year thereafter in which appropriated funds are anticipated to be obligated for such major system. (4) The independent cost estimate for a major system shall be updated upon— (A) the completion of any preliminary de- sign review associated with the major system; (B) any significant modification to the an- ticipated design of the major system; or (C) any change in circumstances that ren- ders the current independent cost estimate for the major system inaccurate. (5) Any update of an independent cost esti- mate for a major system under paragraph (4) shall meet all requirements for independent cost estimates under this section, and shall be treat- ed as the most current independent cost esti- mate for the major system until further updated under that paragraph. (b) Preparation of independent cost estimates (1) The Director shall establish within the Of- fice of the Director of National Intelligence for Community Management an office which shall be responsible for preparing independent cost es- timates, and any updates thereof, under sub- section (a), unless a designation is made under paragraph (2). (2) In the case of the acquisition of a major system for an element of the intelligence com- munity within the Department of Defense, the Director and the Secretary of Defense shall pro-