50 U.S.C. § 3001 — Short title

Page 531 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 Sec. 3238. Annual reports on influence operations and campaigns in the United States by the Rus- sian Federation. 3239. Requirement to buy certain satellite compo- nent from American sources. 3240. Report on best practices to protect privacy, civil liberties, and civil rights of Chinese Americans. 3241. Biennial reports on foreign biological threats. 3242. Annual reports on certain cyber vulnerabilities procured by intelligence community and foreign commercial pro- viders of cyber vulnerabilities. 3243. Periodic reports on technology strategy of in- telligence community. 3244. Annual report on reporting requirements. Editorial Notes CODIFICATION Chapter is comprised of act July 26, 1947, ch. 343, 61 Stat. 495, the National Security Act of 1947, which was formerly classified principally as part of chapter 15 of this title, prior to editorial reclassification and renum- bering as chapter 44 of this title. For complete classi- fication of the National Security Act of 1947, see Ta- bles. § 3001. Short title This chapter may be cited as the ‘‘National Security Act of 1947’’. (July 26, 1947, ch. 343, § 1, 61 Stat. 495.) 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 108–458, title I, § 1081, Dec. 17, 2004, 118 Stat. 3696, provided that: ‘‘(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTELLIGENCE COMMUNITY.—Any reference to the Direc- tor of Central Intelligence or the Director of the Cen- tral Intelligence Agency in the Director’s capacity as the head of the intelligence community in any law, reg- ulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of National Intelligence. ‘‘(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA.—Any reference to the Director of Central Intel- ligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency. ‘‘(c) COMMUNITY MANAGEMENT STAFF.—Any reference to the Community Management Staff in any law, regu- lation, document, paper, or other record of the United States shall be deemed to be a reference to the staff of the Office of the Director of National Intelligence.’’ EFFECTIVE DATE OF 2004 AMENDMENT; TRANSITION PROVISIONS Pub. L. 108–458, title I, subtitle H, Dec. 17, 2004, 118 Stat. 3697, as amended by Pub. L. 109–13, div. A, title I, § 1009, May 11, 2005, 119 Stat. 244; Pub. L. 117–263, div. F, title LXIV, § 6403, Dec. 23, 2022, 136 Stat. 3525, provided that: ‘‘SEC. 1091. TRANSFER OF COMMUNITY MANAGE- MENT STAFF. ‘‘(a) TRANSFER.—There shall be transferred to the Of- fice of the Director of National Intelligence such staff of the Community Management Staff as of the date of the enactment of this Act [Dec. 17, 2004] as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the Community Management Staff as of that date. ‘‘(b) ADMINISTRATION.—The Director of National In- telligence shall administer the Community Manage- ment Staff after the date of the enactment of this Act [Dec. 17, 2004] as a component of the Office of the Direc- tor of National Intelligence under section 103 of the Na- tional Security Act of 1947 [50 U.S.C. 3025], as amended by section 1011(a) of this Act. ‘‘SEC. 1092. TRANSFER OF TERRORIST THREAT IN- TEGRATION CENTER. ‘‘(a) TRANSFER.—There shall be transferred to the Na- tional Counterterrorism Center the Terrorist Threat Integration Center (TTIC) or its successor entity, in- cluding all functions and activities discharged by the Terrorist Threat Integration Center or its successor en- tity as of the date of the enactment of this Act [Dec. 17, 2004]. ‘‘(b) ADMINISTRATION.—The Director of the National Counterterrorism Center shall administer the Terrorist Threat Integration Center after the date of the enact- ment of this Act [Dec. 17, 2004] as a component of the Directorate of Intelligence of the National Counterterrorism Center under section 119(i) of the Na- tional Security Act of 1947 [50 U.S.C. 3056(i)], as added by section 1021(a) [1021] of this Act. ‘‘SEC. 1093. TERMINATION OF POSITIONS OF AS- SISTANT DIRECTORS OF CENTRAL INTEL- LIGENCE. ‘‘(a) TERMINATION.—The positions referred to in sub- section (b) are hereby abolished. ‘‘(b) COVERED POSITIONS.—The positions referred to in this subsection are as follows: ‘‘(1) The Assistant Director of Central Intelligence for Collection. ‘‘(2) The Assistant Director of Central Intelligence for Analysis and Production. ‘‘(3) The Assistant Director of Central Intelligence for Administration. ‘‘SEC. 1094. IMPLEMENTATION PLAN. ‘‘The President shall transmit to Congress a plan for the implementation of this title [see Tables for classi- fication] and the amendments made by this title. The plan shall address, at a minimum, the following: ‘‘(1) The transfer of personnel, assets, and obliga- tions to the Director of National Intelligence pursu- ant to this title. ‘‘(2) Any consolidation, reorganization, or stream- lining of activities transferred to the Director of Na- tional Intelligence pursuant to this title. ‘‘(3) The establishment of offices within the Office of the Director of National Intelligence to implement the duties and responsibilities of the Director of Na- tional Intelligence as described in this title. ‘‘(4) Specification of any proposed disposition of property, facilities, contracts, records, and other as- sets and obligations to be transferred to the Director of National Intelligence. ‘‘(5) Recommendations for additional legislative or administrative action as the President considers ap- propriate. ‘‘SEC. 1095. DIRECTOR OF NATIONAL INTEL- LIGENCE REPORT ON IMPLEMENTATION OF IN- TELLIGENCE COMMUNITY REFORM. ‘‘(a) REPORT.—Not later than one year after the effec- tive date of this Act [probably means the effective date of title I of Pub. L. 108–458, see below], the Director of Page 532 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 National Intelligence shall submit to the congressional intelligence committees a report on the progress made in the implementation of this title [see Tables for clas- sification], including the amendments made by this title. The report shall include a comprehensive descrip- tion of the progress made, and may include such rec- ommendations for additional legislative or administra- tive action as the Director considers appropriate. ‘‘(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE- FINED.—In this section, the term ‘congressional intel- ligence committees’ means— ‘‘(1) the Select Committee on Intelligence of the Senate; and ‘‘(2) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘SEC. 1096. TRANSITIONAL AUTHORITIES. ‘‘(a) IN GENERAL.—(1) Upon the request of the Direc- tor of National Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director of National Intel- ligence. Any records of the Office of the Director of Na- tional Intelligence that are maintained by the agency as a service for the Office of the Director of National Intelligence under section 1535 of title 31, United States Code, (popularly known as the ‘Economy Act’) may be treated as the records of the agency when dispositioned as required by law, and any disclosure of such records between the two agencies shall not be subject to any otherwise applicable legal consent requirements or dis- closure accounting requirements. ‘‘(2) The records of the Office of the Director of Na- tional Intelligence may not be dispositioned pursuant to paragraph (1) without the authorization of the Direc- tor of National Intelligence. ‘‘(b) TRANSFER OF PERSONNEL.—In addition to any other authorities available under law for such purposes, in the fiscal years 2005 and 2006, the Director of Na- tional Intelligence— ‘‘(1) is authorized within the Office of the Director of National Intelligence the total of 500 new per- sonnel positions; and ‘‘(2) with the approval of the Director of the Office of Management and Budget, may detail not more than 150 personnel funded within the National Intel- ligence Program to the Office of the Director of Na- tional Intelligence for a period of not more than 2 years. ‘‘SEC. 1097. EFFECTIVE DATES. ‘‘(a) IN GENERAL.—Except as otherwise expressly pro- vided in this Act [see Tables for classification], this title [see Tables for classification] and the amendments made by this title shall take effect not later than six months after the date of the enactment of this Act [Dec. 17, 2004] [For determination by the President that certain sections of title I of Pub. L. 108–458 take effect earlier than six months after the date of enactment, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note below.]. ‘‘(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later than 60 days after the date of the appointment of the first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to positions within the Office of the Director of National Intelligence. ‘‘(B) Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence. ‘‘(2) Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458, see above], the President shall transmit to Congress the implementation plan required by sec- tion 1094. ‘‘(3) Not later than one year after the date of the en- actment of this Act [Dec. 17, 2004], the Director of Na- tional Intelligence shall prescribe regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act of 1947 [50 U.S.C. 3024], as amended by section 1011(a) of this Act.’’ [Functions of President under section 1094 of Pub. L. 108–458, set out in a note above, assigned to the Direc- tor of National Intelligence by section 3 of Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under section 301 of Title 3, The President.] SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–173, § 1, May 22, 2018, 132 Stat. 1291, pro- vided that: ‘‘This Act [enacting provisions set out as a note under section 3161 of this title] may be cited as the ‘Securely Expediting Clearances Through Reporting Transparency Act of 2018’ or the ‘SECRET Act of 2018’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–235, § 1, Dec. 28, 2012, 126 Stat. 1626, pro- vided that: ‘‘This Act [amending provisions set out as a note under section 3161 of this title] may be cited as the ‘Public Interest Declassification Board Reauthor- ization Act of 2012’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–458, § 1(a), Dec. 17, 2004, 118 Stat. 3638, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Intelligence Reform and Terrorism Prevention Act of 2004’.’’ Pub. L. 108–458, title I, § 1001, Dec. 17, 2004, 118 Stat. 3643, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘National Security Intel- ligence Reform Act of 2004’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–293, title VIII, § 801, Oct. 11, 1996, 110 Stat. 3474, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Intelligence Renewal and Reform Act of 1996’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–359, title VIII, § 801, Oct. 14, 1994, 108 Stat. 3434, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Counterintelligence and Security Enhancements Act of 1994’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–496, title VII, § 701, Oct. 24, 1992, 106 Stat. 3188, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Intelligence Organization Act of 1992’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–477, § 1, Oct. 15, 1984, 98 Stat. 2209, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Central Intelligence Agency Information Act’.’’ SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–200, § 1, June 23, 1982, 96 Stat. 122, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Intelligence Identities Protection Act of 1982’.’’ SHORT TITLE OF 1949 AMENDMENT Act Aug. 10, 1949, ch. 412, § 1, 63 Stat. 578, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘National Security Act Amendments of 1949’.’’ Sections of National Security Act of 1947, which were classified to former Title 5, were repealed and restated in Title 10, Armed Forces, except as noted, as follows: Section of former Title 5 Section of Title 10 171 ............................ 131, 133. 171a(a), (b) ................ 133. 171a(c) ...................... 125, 136, 141, 3010, 3012, 5011, 5031, 8010, 8012. 171a(d) ...................... 133. 171a(e) ...................... 132. 171a(f) ...................... 133. Page 533 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 Section of former Title 5 Section of Title 10 171a(g)–(i) ................. [Omitted]. 171a(j) ...................... 124. 171c .......................... 134, 135, 136, 718, 2358. 171c–1, 171c–2 ............ [Repealed]. 171d .......................... 1580. 171e .......................... 171. 171f ........................... 141, 142. 171g .......................... 143. 171h .......................... 2201. 171i ........................... 2351. 171j ........................... 173. 172 ............................ 136. 172a .......................... 3014, 5061, 8014. 172b .......................... 2203. 172c .......................... 2204. 172d .......................... 2208. 172e .......................... 2209. 172f ........................... 126. 172g .......................... 2205. 172h .......................... 2206. 172i ........................... 2701. 181–1 ......................... 101, 3011, 3012, 3062, T. 50 § 409. 181–2 ......................... 3012. 411a(a) ...................... 101; T. 50 § 409. 411a(b) ...................... 5012. 411a(c) ...................... 5013, 5402. 626(a) ........................ 8012. 626(b) ........................ [Repealed]. 626(c) ........................ 101; T. 50 § 409. 626(d) ........................ 8013. 626(e) ........................ 8012. 626(f) ........................ 8033. 626(g) ........................ 8011. 626a .......................... 8012. 626b .......................... 8013. 626c .......................... 743, 8062. SAVINGS PROVISIONS Pub. L. 108–487, title VIII, § 803, Dec. 23, 2004, 118 Stat. 3962, provided that: ‘‘(a) HEAD OF INTELLIGENCE COMMUNITY.—(1) During the period beginning on the date of the enactment of this Act [Dec. 23, 2004] and ending on the date of the ap- pointment of the Director of National Intelligence [Apr. 21, 2005] under section 102 of the National Secu- rity Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [50 U.S.C. 3023], the Director of Central Intelligence may, acting as the head of the intelligence community, dis- charge the functions and authorities provided in this Act, and the amendments made by this Act [see Effec- tive Date of 2004 Amendments note set out under sec- tion 2656f of Title 22, Foreign Relations and Inter- course], to the Director of National Intelligence. ‘‘(2) During the period referred to in paragraph (1) any reference in this Act or the amendments made by this Act to the Director of National Intelligence shall be considered to be a reference to the Director of Cen- tral Intelligence, as the head of the intelligence com- munity. ‘‘(3) Upon the appointment of an individual as Direc- tor of National Intelligence under section 102 of the Na- tional Security Act of 1947, as so amended, any ref- erence in this Act, or in the classified annex to accom- pany this Act, to the Director of Central Intelligence as head of the intelligence community shall be deemed to be a reference to the Director of National Intelligence. ‘‘(b) HEAD OF CENTRAL INTELLIGENCE AGENCY.—(1) During the period beginning on the date of the enact- ment of this Act [Dec. 23, 2004] and ending on the date of the appointment of the Director of the Central Intel- ligence Agency under section 104A of the National Se- curity Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [50 U.S.C. 3036], the Director of Central Intelligence may, acting as the head of the Central Intelligence Agency, discharge the functions and authorities provided in this Act, and the amendments made by this Act, to the Di- rector of the Central Intelligence Agency. ‘‘(2) Upon the appointment of an individual as Direc- tor of the Central Intelligence Agency under section 104A of the National Security Act of 1947, as so amend- ed, any reference in this Act, or in the classified annex to accompany this Act, to the Director of Central Intel- ligence as head of the Central Intelligence Agency shall be deemed to be a reference to the Director of the Cen- tral Intelligence Agency.’’ Act Aug. 10, 1949, ch. 412, § 12(g), 63 Stat. 591, provided: ‘‘All laws, orders, regulations, and other actions relat- ing to the National Military Establishment, the De- partments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act [see Tables for classi- fication], have the same effect as if this Act had not been enacted; but, after the effective date of this Act [Aug. 10, 1949], any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer or department, executive or military, suc- ceeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Es- tablishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force.’’ SEPARABILITY Pub. L. 108–458, title I, § 1103, Dec. 17, 2004, 118 Stat. 3700, provided that: ‘‘If any provision of this Act [see Tables for classification], or an amendment made by this Act, or the application of such provision to any person or circumstance is held invalid, the remainder of this Act, or the application of such provision to per- sons or circumstances other those to which such provi- sion is held invalid shall not be affected thereby.’’ CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL INTELLIGENCE Pub. L. 108–487, title VIII, § 802, Dec. 23, 2004, 118 Stat. 3962, provided that: ‘‘Except as otherwise specifically provided or otherwise provided by context, any ref- erence in this Act [see Effective Date of 2004 Amend- ments note set out under section 2656f of Title 22, For- eign Relations and Intercourse], or in the classified annex to accompany this Act, to the Director of Cen- tral Intelligence shall be deemed to be a reference to the Director of Central Intelligence as head of the in- telligence community.’’ ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR Pub. L. 117–81, div. F, title LXVI, § 6603, Dec. 27, 2021, 135 Stat. 2438, provided that: ‘‘(a) ANOMALOUS HEALTH INCIDENTS INTERAGENCY CO- ORDINATOR.— ‘‘(1) DESIGNATION.—Not later than 30 days after the date of the enactment of this Act [Dec. 27, 2021], the President shall designate an appropriate senior offi- cial to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the ‘Interagency Coordinator’). ‘‘(2) DUTIES.—The Interagency Coordinator, work- ing through the interagency national security proc- ess, shall, with respect to anomalous health inci- dents— ‘‘(A) coordinate the response of the United States Government to such incidents; ‘‘(B) coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; Page 534 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 ‘‘(C) ensure adequate training and education re- lating to such incidents for United States Govern- ment personnel; ‘‘(D) ensure that information regarding such inci- dents is efficiently shared across relevant Federal agencies in a manner that provides appropriate pro- tections for classified, sensitive, and personal infor- mation; ‘‘(E) coordinate, in consultation with the Director of the White House Office of Science and Tech- nology Policy, the technological and research ef- forts of the United States Government to address suspected attacks presenting as such incidents; and ‘‘(F) develop policy options to prevent, mitigate, and deter suspected attacks presenting as such inci- dents. ‘‘(b) DESIGNATION OF AGENCY COORDINATION LEADS.— ‘‘(1) DESIGNATION; RESPONSIBILITIES.—The head of each relevant agency shall designate an official ap- pointed by the President, by and with the advice and consent of the Senate, or other appropriate senior of- ficial, who shall— ‘‘(A) serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the ‘Agency Coordination Lead’) for the rel- evant agency concerned; ‘‘(B) report directly to the head of such relevant agency regarding activities carried out under this section; ‘‘(C) perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process; ‘‘(D) represent such relevant agency in meetings convened by the Interagency Coordinator; and ‘‘(E) participate in interagency briefings to Con- gress regarding the response of the United States Government to anomalous health incidents, includ- ing briefings required under subsection (c). ‘‘(2) DELEGATION PROHIBITED.—An Agency Coordina- tion Lead may not delegate any of the responsibil- ities specified in paragraph (1). ‘‘(c) BRIEFINGS.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the ap- propriate congressional committees a briefing on progress made in carrying out the duties under sub- section (b)(2) [probably means subsec. (a)(2)]. ‘‘(2) ELEMENTS.—Each briefing required under para- graph (1) shall include— ‘‘(A) an update on the investigation into anoma- lous health incidents affecting United States Gov- ernment personnel and dependents of such per- sonnel, including technical causation and suspected perpetrators; ‘‘(B) an update on new or persistent anomalous health incidents; ‘‘(C) a description of threat prevention and miti- gation efforts with respect to anomalous health in- cidents, to include personnel training; ‘‘(D) an identification of any changes to oper- ational posture as a result of anomalous health threats; ‘‘(E) an update on diagnosis and treatment efforts for individuals affected by anomalous health inci- dents, including patient numbers and wait times to access care; ‘‘(F) a description of efforts to improve and en- courage reporting of anomalous health incidents; ‘‘(G) a detailed description of the roles and re- sponsibilities of the Agency Coordination Leads; ‘‘(H) information regarding additional authorities or resources needed to support the interagency re- sponse to anomalous health incidents; and ‘‘(I) such other matters as the Interagency Coor- dinator or the Agency Coordination Leads may con- sider appropriate. ‘‘(3) UNCLASSIFIED BRIEFING SUMMARY.— ‘‘(A) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1). ‘‘(B) FORM.—The summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protec- tion of intelligence sources and methods. ‘‘(d) SECURE REPORTING MECHANISMS.—Not later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency— ‘‘(1) develops a process to provide a secure mecha- nism for personnel of the relevant agency concerned, the dependents of such personnel, and other appro- priate individuals, to self-report any suspected expo- sure that could be an anomalous health incident; ‘‘(2) shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and ‘‘(3) in developing the mechanism pursuant to para- graph (1), prioritizes secure information collection and handling processes to protect classified, sen- sitive, and personal information. ‘‘(e) WORKFORCE GUIDANCE.— ‘‘(1) DEVELOPMENT AND DISSEMINATION.—The Presi- dent shall direct the heads of the relevant agencies to develop and disseminate to employees of such rel- evant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum— ‘‘(A) the threat posed by anomalous health inci- dents; ‘‘(B) known defensive techniques with respect to anomalous health incidents; and ‘‘(C) processes to self-report any suspected expo- sure that could be an anomalous health incident. ‘‘(2) DEADLINE.—The workforce guidance specified under paragraph (1) shall be developed and dissemi- nated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act. ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section, including the designation of the Interagency Coordi- nator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to inde- pendently perform the authorized functions of such agency. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to— ‘‘(1) increase capacity and staffing for the Health Incident Response Task Force of the Department of State; ‘‘(2) support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department; ‘‘(3) investigate and characterize the cause of anom- alous health incidents, including investigations of causation and attribution; ‘‘(4) collect and analyze data related to anomalous health incidents; ‘‘(5) coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and ‘‘(6) support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate congressional commit- tees’ means— ‘‘(A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Page 535 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and ‘‘(B) the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Ap- propriations, and the Permanent Select Committee on Intelligence, of the House of Representatives. ‘‘(2) The term ‘relevant Federal agencies’ means— ‘‘(A) the Department of Defense; ‘‘(B) the Department of State; ‘‘(C) the Office of the Director of National Intel- ligence; ‘‘(D) the Central Intelligence Agency; ‘‘(E) the Department of Justice; ‘‘(F) the Department of Homeland Security; and ‘‘(G) such other Federal departments or agencies as may be designated by the Interagency Coordi- nator.’’ CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND CYBERSECURITY INFRASTRUCTURE WHEN SHARING INTELLIGENCE WITH FOREIGN GOVERNMENTS AND EN- TITIES Pub. L. 116–92, div. E, title LXIII, § 6307, Dec. 20, 2019, 133 Stat. 2189, provided that: ‘‘Whenever the head of an element of the intelligence community enters into an intelligence-sharing agreement with a foreign govern- ment or any other foreign entity, the head of the ele- ment shall consider the pervasiveness of telecommuni- cations and cybersecurity infrastructure, equipment, and services provided by adversaries of the United States, particularly China and Russia, or entities of such adversaries in the country or region of the foreign government or other foreign entity entering into the agreement.’’ [For definition of ‘‘intelligence community’’ as used in section 6307 of Pub. L. 116–92, set out above, see sec- tion 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.] COMMITTEE TO COUNTER ACTIVE MEASURES BY THE RUSSIAN FEDERATION TO EXERT COVERT INFLUENCE OVER PEOPLES AND GOVERNMENTS Pub. L. 115–31, div. N, title V, § 501, May 5, 2017, 131 Stat. 823, which established an interagency committee to counter active measures by the Russian Federation to exert covert influence within the executive branch and was formerly set out as a note under this section, was transferred to section 3369d of this title. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE Pub. L. 111–84, div. A, title X, § 1035, Oct. 28, 2009, 123 Stat. 2450, provided that: ‘‘Not later than February 1, 2010, the Director of National Intelligence and the Sec- retary of Defense shall jointly submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Permanent Select Com- mittee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a revised charter for the National Reconnaissance Of- fice (in this section referred to as the ‘NRO’). The char- ter shall include the following: ‘‘(1) The organizational and governance structure of the NRO. ‘‘(2) The role of the NRO in the development and generation of requirements and acquisition. ‘‘(3) The scope of the capabilities of the NRO. ‘‘(4) The roles and responsibilities of the NRO and the relationship of the NRO to other organizations and agencies in the intelligence and defense commu- nities.’’ INCORPORATION OF REPORTING REQUIREMENTS Pub. L. 108–177, title I, § 106, Dec. 13, 2003, 117 Stat. 2604, provided that: ‘‘(a) IN GENERAL.—Each requirement to submit a re- port to the congressional intelligence committees that is included in the joint explanatory statement to ac- company the conference report on the bill H.R. 2417 of the One Hundred Eighth Congress [enacted as Pub. L. 108–177], or in the classified annex to this Act, is hereby incorporated into this Act, and is hereby made a re- quirement in law. ‘‘(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE- FINED.—In this section, the term ‘congressional intel- ligence committees’ means— ‘‘(1) the Select Committee on Intelligence of the Senate; and ‘‘(2) the Permanent Select Committee on Intel- ligence of the House of Representatives.’’ Similar provisions were contained in Pub. L. 107–306, title I, § 108, Nov. 27, 2002, 116 Stat. 2388. NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES IN- TELLIGENCE COMMUNITY Pub. L. 111–259, title VII, § 701(a)(3), Oct. 7, 2010, 124 Stat. 2745, provided that membership of the National Commission for the Review of the Research and Devel- opment Programs of the United States Intelligence Community established by section 1002(a) of Pub. L. 107–306 [formerly set out in a note below] should be con- sidered vacant and new members should be appointed in accordance with such section 1002. Pub. L. 107–306, title X, Nov. 27, 2002, 116 Stat. 2437, as amended by Pub. L. 108–177, title III, § 315(a), Dec. 13, 2003, 117 Stat. 2610; Pub. L. 111–259, title VII, § 701(a)(1), (4), (b)(3), (c), Oct. 7, 2010, 124 Stat. 2744, 2745; Pub. L. 112–277, title V, § 502, Jan. 14, 2013, 126 Stat. 2476, estab- lished the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community to review the status of research and development programs and activities within the intelligence community, including advanced research and development programs and activities, re- quired the Commission to submit a final report of its review to the congressional intelligence committees, the Director of National Intelligence, and the Sec- retary of Defense not later than Mar. 31, 2013, and pro- vided that the Commission would terminate at the end of the 120-day period beginning on the date that the final report was transmitted to the congressional intel- ligence committees. NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL RECONNAISSANCE OFFICE Pub. L. 106–120, title VII, Dec. 3, 1999, 113 Stat. 1620, established the National Commission for the Review of the National Reconnaissance Office to review the cur- rent organization, practices, and authorities of the Na- tional Reconnaissance Office, directed the Commission to submit to the congressional intelligence commit- tees, the Director of Central Intelligence, and the Sec- retary of Defense a final report on such review not later than Nov. 1, 2000, provided that the Commission would terminate at the end of the 120-day period begin- ning on the date on which the final report was trans- mitted to the congressional intelligence committees, and directed the Director of Central Intelligence and the Secretary of Defense to each submit to the congres- sional intelligence committees an assessment of the final report not later than 60 days after receipt. COMMISSION ON ROLES AND CAPABILITIES OF UNITED STATES INTELLIGENCE COMMUNITY Pub. L. 103–359, title IX, Oct. 14, 1994, 108 Stat. 3456, related to establishment, composition, duties, reports, powers, payment of expenses, and termination, not later than Mar. 1, 1996, of the Commission on the Roles and Capabilities of the United States Intelligence Com- munity. NATIONAL COMMISSION ON DEFENSE AND NATIONAL SECURITY Pub. L. 101–511, title VIII, § 8104, Nov. 5, 1990, 104 Stat. 1898, as amended by Pub. L. 102–172, title VIII, § 8078, Nov. 26, 1991, 105 Stat. 1189, provided that: Page 536 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 ‘‘SECTION 1. This section establishes the National Commission on Defense and National Security. ‘‘SEC. 2. FINDINGS. ‘‘The Congress makes the following findings: ‘‘(1) Recent revolutionary world events require a fundamental reassessment of the defense and na- tional security policies of the United States. ‘‘(2) Emerging democracies around the world will require political, technical, and economic assistance, as well as military assistance, from the developed free nations in order to thrive and to become produc- tive members of the world community. ‘‘(3) Real and potential military threats to the United States and its allies will continue to exist for the foreseeable future from not just the Soviet Union but also from terrorism and from Third World na- tions. ‘‘(4) Proliferation of both sophisticated conven- tional weapons and of nuclear weapons could produce a world more dangerous than we have faced in the past. ‘‘(5) Ethnic rivalries as well as economic inequal- ities may produce instabilities that could spark seri- ous conflict. ‘‘(6) In order to formulate coherent national poli- cies to meet these challenges of a new world environ- ment, it is essential for the United States to achieve a bipartisan consensus such as that which emerged following World War II. ‘‘(7) Such a consensus can be fostered by the devel- opment of policy recommendations from a highly re- spected group of individuals who do not bear a par- tisan label and who possess critical expertise and ex- perience. ‘‘SEC. 3. ESTABLISHMENT. ‘‘There is established a commission to be known as [the] National Commission on Defense and National Se- curity (hereinafter in this Act referred to as the ‘Com- mission’). The Commission is established until 30 days following submission of the final report required by section 6 of this section. ‘‘SEC. 4. DUTIES OF COMMISSION. ‘‘(a) IN GENERAL.—The Commission shall analyze and make recommendations to the President and Congress concerning the national security and national defense policies of the United States. ‘‘(b) MATTERS TO BE ANALYZED.—Matters to be ana- lyzed by the Commission shall include the following: ‘‘(1) The world-wide interests, goals, and objectives of the United States that are vital to the national se- curity of the United States. ‘‘(2) The political, economic, and military develop- ments around the world and the implications of those developments for United States national security in- terests, including— ‘‘(A) the developments in Eastern Europe and the Soviet Union; ‘‘(B) the question of German unification; ‘‘(C) the future of NATO and European economic integration; ‘‘(D) the future of the Pacific Basin; and ‘‘(E) potential instability resulting from regional conflicts or economic problems in the developing world. ‘‘(3) The foreign policy, world-wide commitments, and national defense capabilities of the United States necessary to deter aggression and implement the na- tional security strategy of the United States, includ- ing the contribution that can be made by bilateral and multilateral political and economic associations in promoting interests that the United States shares with other members of the world community. ‘‘(4) The proposed short-term uses of the political, economic, military, and other elements of national power for the United States to protect or promote the interests and to achieve the goals and objectives re- ferred to in paragraph (1). ‘‘(5) Long-term options that should be considered further for a number of potential courses of world events over the remainder of the century and into the next century. ‘‘SEC. 5. MEMBERSHIP. ‘‘(a) NUMBER AND APPOINTMENT.—The Commission shall be composed of 10 members, as follows: ‘‘(1) Three appointed by the President. ‘‘(2) Three appointed by the Speaker of the House of Representatives. ‘‘(3) One appointed by the minority leader of the House of Representatives. ‘‘(4) Two appointed by the majority leader of the Senate. ‘‘(5) One appointed by the minority leader of the Senate. ‘‘(b) QUALIFICATIONS.—Persons appointed to the Com- mission shall be persons who are not officers or em- ployees of the Federal Government (including Members of Congress) and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. ‘‘(c) TERMS.—Members shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appoint- ment was made. ‘‘(d) BASIC PAY.—Members of the Commission shall serve without pay. ‘‘(e) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. ‘‘(f) CHAIRMAN AND VICE CHAIRMAN.—The Chairman of the Commission shall be designated by the President from among the members appointed by the President. The Vice Chairman of the Commission shall be des- ignated by the Speaker of the House of Representatives from among the members appointed by the Speaker. ‘‘(g) MEETINGS.—The Commission shall meet at the call of the Chairman or a majority of its members. ‘‘(h) DEADLINE FOR APPOINTMENTS.—Members of the Commission shall be appointed not later than the end of the 30-day period beginning on the date of the enact- ment of this Act [Nov. 5, 1990]. ‘‘SEC. 6. REPORTS. ‘‘(a) INITIAL REPORT.—The Commission shall transmit to the President and to Congress an initial report not later than six months after the date on which the Com- mission is first constituted with a quorum. ‘‘(b) FINAL REPORT.—The Commission shall transmit to the President and to Congress a final report one year following submission of the initial report under sub- section (a). ‘‘(c) CONTENTS OF REPORTS.—The report under sub- section (b) shall contain a detailed statement of the findings and conclusions of the Commission concerning the matters to be studied by the Commission under sec- tion 4, together with its recommendations for such leg- islation and administrative actions as it considers ap- propriate. Such report shall include a comprehensive description and discussion of the matters set forth in section 4. ‘‘(d) REPORTS TO BE UNCLASSIFIED.—Each such report shall be submitted in unclassified form. ‘‘(e) ADDITIONAL AND MINORITY VIEWS.—Each report may include such additional and minority views as in- dividual members of the Commission may request be included. ‘‘SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. ‘‘(a) DIRECTOR.—The Commission shall, without re- gard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Chair- man and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS–18 of the General Schedule. ‘‘(b) STAFF.—The Chairman may appoint and fix the pay of such additional personnel as the Chairman con- siders appropriate. ‘‘(c) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.— The Director and staff of the Commission may be ap- Page 537 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 pointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chap- ter 53 of such title relating to classification and Gen- eral Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule. ‘‘(d) EXPERTS AND CONSULTANTS.—Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule. ‘‘(e) STAFF OF FEDERAL AGENCIES.—Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commis- sion in carrying out its duties under this Act. ‘‘SEC. 8. POWERS OF COMMISSION ‘‘(a) HEARINGS AND SESSIONS.—The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Com- mission considers appropriate. ‘‘(b) POWERS OF MEMBERS AND AGENTS.—Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commis- sion is authorized to take by this section. ‘‘(c) OBTAINING OFFICIAL DATA.—The Chairman or a designee on behalf of the Chairman may request infor- mation necessary to enable the Commission to carry out this Act directly from any department or agency of the United States. ‘‘(d) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. ‘‘(e) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. ‘‘(f) ADMINISTRATIVE SUPPORT SERVICES.—The Admin- istrator of General Services shall provide to the Com- mission on a reimbursable basis such administrative support services as the Commission may request. ‘‘SEC. 9. INITIAL FUNDING OF COMMISSION. ‘‘If funds are not otherwise available for the nec- essary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commis- sion requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence.’’ [References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.] INTELLIGENCE PRIORITIES AND REORGANIZATION Pub. L. 101–510, div. A, title IX, § 907, Nov. 5, 1990, 104 Stat. 1622, required the Secretary of Defense and Direc- tor of Central Intelligence to conduct a joint review of all intelligence and intelligence-related activities in the Tactical Intelligence and Related Activities pro- grams and the National Foreign Intelligence Program and reduce by not less than 5 percent the number of personnel detailed to such programs during each of fis- cal years 1992 through 1996. CHANGE OF TITLES OF SECRETARY OF DEFENSE, ET AL.; REAPPOINTMENT Act Aug. 10, 1949, ch. 412, § 12(f), 63 Stat. 591, provided in part that: ‘‘The titles of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretaries and the Assistant Secretaries of the Departments of the Army, Navy, and Air Force, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, shall not be changed by virtue of this Act [see Tables for classification] and the re- appointment of the officials holding such titles on the effective date of this Act [Aug. 10, 1949] shall not be re- quired.’’ Executive Documents REORGANIZATION PLAN NO. 8 OF 1949 Act Aug. 10, 1949, ch. 412, § 12(i), 63 Stat. 592, provided that: ‘‘Reorganization Plan Numbered 8 of 1949, which was transmitted to the Congress by the President on July 18, 1949 [set out in Appendix to Title 5, Govern- ment Organization and Employees] pursuant to the provisions of the Reorganization Act of 1949, shall not take effect, notwithstanding the provisions of section 6 of such Reorganization Act of 1949.’’ EX. ORD. NO. 10431. NATIONAL SECURITY MEDAL Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, as amend- ed by Ex. Ord. No. 13709, § 1, Oct. 2, 2015, 80 F.R. 60793, provided: 1. There is hereby established a medal to be known as the National Security Medal with accompanying rib- bons and appurtenances. The medal and its appur- tenances shall be of appropriate design, approved by the Executive Secretary of the National Security Coun- cil. 2. The National Security Medal may be awarded to any person, without regard to nationality, including members of the Armed Forces of the United States, for distinguished achievement or outstanding contribution made on or after July 26, 1947, in the field of national security through either exceptionally meritorious serv- ice performed in a position of high responsibility or through an act of heroism requiring personal courage of a high degree and complete disregard of personal safety. 3. The decoration established by this order shall be awarded by the President of the United States or, under regulations approved by him, by such person or persons as he may designate. 4. No more than one National Security Medal shall be awarded to any one person, but for subsequent services justifying an award, a suitable device may be awarded to be worn with the Medal. 5. Members of the armed forces of the United States who are awarded the decoration established by this order are authorized to wear the medal and the ribbon symbolic of the award, as may be authorized by uni- form regulations approved by the Secretary of Defense. 6. The decoration established by this order may be awarded posthumously. 7. Any individual having personal knowledge of the facts of a potential recipient’s exceptionally meri- torious service or act of heroism, either as an eye- witness or from the testimony of others who have per- sonal knowledge or were eyewitnesses, may recommend the potential recipient as a candidate for the award to the Executive Secretary of the National Security Coun- cil. Any recommendations shall be made with the con- currence of the department or agency employing the proposed recipient, if appropriate, and be accompanied by complete documentation, including, where nec- essary, certificates, affidavits, or sworn transcripts of testimony. Each recommendation for an award shall show the exact status, at the time of the rendition of the service on which the recommendation is based, with respect to citizenship, employment, and all other material factors of the person who is being rec- ommended for the National Security Medal. Each rec- ommendation shall contain a draft of an appropriate ci- tation to accompany the award of the National Secu- rity Medal. Page 538 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 8. Upon a determination by the Executive Secretary of the National Security Council that the National Se- curity Medal is warranted, and following approval by the President, the Executive Secretary shall notify the Office of the Director of National Intelligence, which will then process the award recommendation, prepare the National Security Medal, with any appropriate de- vices, and deliver the National Security Medal to the National Security Council for presentation to the re- cipient. REGULATIONS GOVERNING THE AWARD OF THE NATIONAL SECURITY MEDAL Ex. Ord. No. 13709, § 2, Oct. 2, 2015, 80 F.R. 60793, pro- vided that the regulations governing the award of the National Security Medal that were issued pursuant to par. 2 of Ex. Ord. No. 10431 (prior to amendment by Ex. Ord. No. 13709) and published with that order were su- perseded by Ex. Ord. No. 13709. EXECUTIVE ORDER NO. 11905 Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by Ex. Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No. 11994, June 1, 1977, 42 F.R. 28869, which related to United States foreign intelligence ac- tivities, was superseded by Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, formerly set out below. EXECUTIVE ORDER NO. 12036 Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to United States foreign intel- ligence activities, was revoked by Ex. Ord. No. 12333, § 3.6, Dec. 4, 1981, 46 F.R. 59954, prior to Ex. Ord. No. 12333 being amended by Ex. Ord. No. 13470, § 4(j), July 30, 2008, 73 F.R. 45341. FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE For provisions relating to the exercise of certain au- thority respecting foreign intelligence electronic sur- veillance, see Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of this title. EX. ORD. NO. 12333. UNITED STATES INTELLIGENCE ACTIVITIES Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, as amended by Ex. Ord. No. 13284, § 18, Jan. 23, 2003, 68 F.R. 4077; Ex. Ord. No. 13355, §§ 2, 3, 6, Aug. 27, 2004, 69 F.R. 53593; Ex. Ord. No. 13470, §§ 1–4, July 30, 2008, 73 F.R. 45325, provided: TABLE OF CONTENTS [Omitted.] Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of for- eign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in me by the Constitu- tion and the laws of the United States of America, in- cluding the National Security Act of 1947, as amended (Act) [50 U.S.C. 3001 et seq.], and as President of the United States of America, in order to provide for the ef- fective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows: PART 1—GOALS, DIRECTIONS, DUTIES, AND RE- SPONSIBILITIES WITH RESPECT TO UNITED STATES INTELLIGENCE EFFORTS 1.1 GOALS The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary infor- mation on which to base decisions concerning the de- velopment and conduct of foreign, defense, and eco- nomic policies, and the protection of United States na- tional interests from foreign security threats. All de- partments and agencies shall cooperate fully to fulfill this goal. (a) All means, consistent with applicable Federal law and this order, and with full consideration of the rights of United States persons, shall be used to obtain reli- able intelligence information to protect the United States and its interests. (b) The United States Government has a solemn obli- gation, and shall continue in the conduct of intel- ligence activities under this order, to protect fully the legal rights of all United States persons, including free- doms, civil liberties, and privacy rights guaranteed by Federal law. (c) Intelligence collection under this order should be guided by the need for information to respond to intel- ligence priorities set by the President. (d) Special emphasis should be given to detecting and countering: (1) Espionage and other threats and activities di- rected by foreign powers or their intelligence services against the United States and its interests; (2) Threats to the United States and its interests from terrorism; and (3) Threats to the United States and its interests from the development, possession, proliferation, or use of weapons of mass destruction. (e) Special emphasis shall be given to the production of timely, accurate, and insightful reports, responsive to decisionmakers in the executive branch, that draw on all appropriate sources of information, including open source information, meet rigorous analytic stand- ards, consider diverse analytic viewpoints, and accu- rately represent appropriate alternative views. (f) State, local, and tribal governments are critical partners in securing and defending the United States from terrorism and other threats to the United States and its interests. Our national intelligence effort should take into account the responsibilities and re- quirements of State, local, and tribal governments and, as appropriate, private sector entities, when under- taking the collection and dissemination of information and intelligence to protect the United States. (g) All departments and agencies have a responsi- bility to prepare and to provide intelligence in a man- ner that allows the full and free exchange of informa- tion, consistent with applicable law and presidential guidance. 1.2 THE NATIONAL SECURITY COUNCIL (a) Purpose. The National Security Council (NSC) shall act as the highest ranking executive branch enti- ty that provides support to the President for review of, guidance for, and direction to the conduct of all foreign intelligence, counterintelligence, and covert action, and attendant policies and programs. (b) Covert Action and Other Sensitive Intelligence Oper- ations. The NSC shall consider and submit to the Presi- dent a policy recommendation, including all dissents, on each proposed covert action and conduct a periodic review of ongoing covert action activities, including an evaluation of the effectiveness and consistency with current national policy of such activities and consist- ency with applicable legal requirements. The NSC shall perform such other functions related to covert action as the President may direct, but shall not undertake the conduct of covert actions. The NSC shall also re- view proposals for other sensitive intelligence oper- ations. 1.3 DIRECTOR OF NATIONAL INTELLIGENCE Subject to the authority, direction, and control of the President, the Director of National Intelligence (Director) shall serve as the head of the Intelligence Community, act as the principal adviser to the Presi- dent, to the NSC, and to the Homeland Security Coun- cil for intelligence matters related to national secu- rity, and shall oversee and direct the implementation of the National Intelligence Program and execution of Page 539 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 the National Intelligence Program budget. The Direc- tor will lead a unified, coordinated, and effective intel- ligence effort. In addition, the Director shall, in car- rying out the duties and responsibilities under this sec- tion, take into account the views of the heads of de- partments containing an element of the Intelligence Community and of the Director of the Central Intel- ligence Agency. (a) Except as otherwise directed by the President or prohibited by law, the Director shall have access to all information and intelligence described in section 1.5(a) of this order. For the purpose of access to and sharing of information and intelligence, the Director: (1) Is hereby assigned the function under section 3(5) of the Act, to determine that intelligence, regardless of the source from which derived and including informa- tion gathered within or outside the United States, per- tains to more than one United States Government agency; and (2) Shall develop guidelines for how information or intelligence is provided to or accessed by the Intel- ligence Community in accordance with section 1.5(a) of this order, and for how the information or intelligence may be used and shared by the Intelligence Commu- nity. All guidelines developed in accordance with this section shall be approved by the Attorney General and, where applicable, shall be consistent with guidelines issued pursuant to section 1016 of the Intelligence Re- form and Terrorism Protection Act of 2004 (Public Law 108–458) (IRTPA). (b) In addition to fulfilling the obligations and re- sponsibilities prescribed by the Act, the Director: (1) Shall establish objectives, priorities, and guidance for the Intelligence Community to ensure timely and effective collection, processing, analysis, and dissemi- nation of intelligence, of whatever nature and from whatever source derived; (2) May designate, in consultation with affected heads of departments or Intelligence Community ele- ments, one or more Intelligence Community elements to develop and to maintain services of common concern on behalf of the Intelligence Community if the Director determines such services can be more efficiently or ef- fectively accomplished in a consolidated manner; (3) Shall oversee and provide advice to the President and the NSC with respect to all ongoing and proposed covert action programs; (4) In regard to the establishment and conduct of in- telligence arrangements and agreements with foreign governments and international organizations: (A) May enter into intelligence and counterintel- ligence arrangements and agreements with foreign governments and international organizations; (B) Shall formulate policies concerning intelligence and counterintelligence arrangements and agree- ments with foreign governments and international organizations; and (C) Shall align and synchronize intelligence and counterintelligence foreign relationships among the elements of the Intelligence Community to further United States national security, policy, and intel- ligence objectives; (5) Shall participate in the development of procedures approved by the Attorney General governing criminal drug intelligence activities abroad to ensure that these activities are consistent with foreign intelligence pro- grams; (6) Shall establish common security and access stand- ards for managing and handling intelligence systems, information, and products, with special emphasis on fa- cilitating: (A) The fullest and most prompt access to and dis- semination of information and intelligence prac- ticable, assigning the highest priority to detecting, preventing, preempting, and disrupting terrorist threats and activities against the United States, its interests, and allies; and (B) The establishment of standards for an inter- operable information sharing enterprise that facili- tates the sharing of intelligence information among elements of the Intelligence Community; (7) Shall ensure that appropriate departments and agencies have access to intelligence and receive the support needed to perform independent analysis; (8) Shall protect, and ensure that programs are devel- oped to protect, intelligence sources, methods, and ac- tivities from unauthorized disclosure; (9) Shall, after consultation with the heads of af- fected departments and agencies, establish guidelines for Intelligence Community elements for: (A) Classification and declassification of all intel- ligence and intelligence-related information classi- fied under the authority of the Director or the au- thority of the head of a department or Intelligence Community element; and (B) Access to and dissemination of all intelligence and intelligence-related information, both in its final form and in the form when initially gathered, to in- clude intelligence originally classified by the head of a department or Intelligence Community element, except that access to and dissemination of informa- tion concerning United States persons shall be gov- erned by procedures developed in accordance with Part 2 of this order; (10) May, only with respect to Intelligence Commu- nity elements, and after consultation with thehead [sic] of the originating Intelligence Community ele- ment or the head of the originating department, declas- sify, or direct the declassification of, information or in- telligence relating to intelligence sources, methods, and activities. The Director may only delegate this au- thority to the Principal Deputy Director of National Intelligence; (11) May establish, operate, and direct one or more national intelligence centers to address intelligence priorities; (12) May establish Functional Managers and Mission Managers, and designate officers or employees of the United States to serve in these positions. (A) Functional Managers shall report to the Direc- tor concerning the execution of their duties as Func- tional Managers, and may be charged with developing and implementing strategic guidance, policies, and procedures for activities related to a specific intel- ligence discipline or set of intelligence activities; set training and tradecraft standards; and ensure coordi- nation within and across intelligence disciplines and Intelligence Community elements and with related non-intelligence activities. Functional Managers may also advise the Director on: the management of re- sources; policies and procedures; collection capabili- ties and gaps; processing and dissemination of intel- ligence; technical architectures; and other issues or activities determined by the Director. (i) The Director of the National Security Agency is designated the Functional Manager for signals intelligence; (ii) The Director of the Central Intelligence Agen- cy is designated the Functional Manager for human intelligence; and (iii) The Director of the National Geospatial-In- telligence Agency is designated the Functional Manager for geospatial intelligence. (B) Mission Managers shall serve as principal sub- stantive advisors on all or specified aspects of intel- ligence related to designated countries, regions, top- ics, or functional issues; (13) Shall establish uniform criteria for the deter- mination of relative priorities for the transmission of critical foreign intelligence, and advise the Secretary of Defense concerning the communications require- ments of the Intelligence Community for the trans- mission of such communications; (14) Shall have ultimate responsibility for production and dissemination of intelligence produced by the In- telligence Community and authority to levy analytic tasks on intelligence production organizations within the Intelligence Community, in consultation with the heads of the Intelligence Community elements con- cerned; (15) May establish advisory groups for the purpose of obtaining advice from within the Intelligence Commu- Page 540 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 nity to carry out the Director’s responsibilities, to in- clude Intelligence Community executive management committees composed of senior Intelligence Commu- nity leaders. Advisory groups shall consist of represent- atives from elements of the Intelligence Community, as designated by the Director, or other executive branch departments, agencies, and offices, as appropriate; (16) Shall ensure the timely exploitation and dissemi- nation of data gathered by national intelligence collec- tion means, and ensure that the resulting intelligence is disseminated immediately to appropriate govern- ment elements, including military commands; (17) Shall determine requirements and priorities for, and manage and direct the tasking, collection, anal- ysis, production, and dissemination of, national intel- ligence by elements of the Intelligence Community, in- cluding approving requirements for collection and anal- ysis and resolving conflicts in collection requirements and in the tasking of national collection assets of Intel- ligence Community elements (except when otherwise directed by the President or when the Secretary of De- fense exercises collection tasking authority under plans and arrangements approved by the Secretary of Defense and the Director); (18) May provide advisory tasking concerning collec- tion and analysis of information or intelligence rel- evant to national intelligence or national security to departments, agencies, and establishments of the United States Government that are not elements of the Intelligence Community; and shall establish proce- dures, in consultation with affected heads of depart- ments or agencies and subject to approval by the Attor- ney General, to implement this authority and to mon- itor or evaluate the responsiveness of United States Government departments, agencies, and other estab- lishments; (19) Shall fulfill the responsibilities in section 1.3(b)(17) and (18) of this order, consistent with applica- ble law and with full consideration of the rights of United States persons, whether information is to be collected inside or outside the United States; (20) Shall ensure, through appropriate policies and procedures, the deconfliction, coordination, and inte- gration of all intelligence activities conducted by an Intelligence Community element or funded by the Na- tional Intelligence Program. In accordance with these policies and procedures: (A) The Director of the Federal Bureau of Inves- tigation shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintel- ligence activities inside the United States; (B) The Director of the Central Intelligence Agency shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintel- ligence activities outside the United States; (C) All policies and procedures for the coordination of counterintelligence activities and the clandestine collection of foreign intelligence inside the United States shall be subject to the approval of the Attor- ney General; and (D) All policies and procedures developed under this section shall be coordinated with the heads of af- fected departments and Intelligence Community ele- ments; (21) Shall, with the concurrence of the heads of af- fected departments and agencies, establish joint proce- dures to deconflict, coordinate, and synchronize intel- ligence activities conducted by an Intelligence Commu- nity element or funded by the National Intelligence Program, with intelligence activities, activities that involve foreign intelligence and security services, or activities that involve the use of clandestine methods, conducted by other United States Government depart- ments, agencies, and establishments; (22) Shall, in coordination with the heads of depart- ments containing elements of the Intelligence Commu- nity, develop procedures to govern major system acqui- sitions funded in whole or in majority part by the Na- tional Intelligence Program; (23) Shall seek advice from the Secretary of State to ensure that the foreign policy implications of proposed intelligence activities are considered, and shall ensure, through appropriate policies and procedures, that intel- ligence activities are conducted in a manner consistent with the responsibilities pursuant to law and presi- dential direction of Chiefs of United States Missions; and (24) Shall facilitate the use of Intelligence Commu- nity products by the Congress in a secure manner. (c) The Director’s exercise of authorities in the Act and this order shall not abrogate the statutory or other responsibilities of the heads of departments of the United States Government or the Director of the Cen- tral Intelligence Agency. Directives issued and actions taken by the Director in the exercise of the Director’s authorities and responsibilities to integrate, coordi- nate, and make the Intelligence Community more ef- fective in providing intelligence related to national se- curity shall be implemented by the elements of the In- telligence Community, provided that any department head whose department contains an element of the In- telligence Community and who believes that a direc- tive or action of the Director violates the requirements of section 1018 of the IRTPA or this subsection shall bring the issue to the attention of the Director, the NSC, or the President for resolution in a manner that respects and does not abrogate the statutory respon- sibilities of the heads of the departments. (d) Appointments to certain positions. (1) The relevant department or bureau head shall pro- vide recommendations and obtain the concurrence of the Director for the selection of: the Director of the National Security Agency, the Director of the National Reconnaissance Office, the Director of the National Geospatial-Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Re- search, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury, and the Executive Assist- ant Director for the National Security Branch of the Federal Bureau of Investigation. If the Director does not concur in the recommendation, the department head may not fill the vacancy or make the rec- ommendation to the President, as the case may be. If the department head and the Director do not reach an agreement on the selection or recommendation, the Di- rector and the department head concerned may advise the President directly of the Director’s intention to withhold concurrence. (2) The relevant department head shall consult with the Director before appointing an individual to fill a vacancy or recommending to the President an indi- vidual be nominated to fill a vacancy in any of the fol- lowing positions: the Under Secretary of Defense for In- telligence [now Under Secretary of Defense for Intel- ligence and Security]; the Director of the Defense In- telligence Agency; uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps above the rank of Major General or Rear Admiral; the Assistant Commandant of the Coast Guard for Intelligence; and the Assistant Attorney General for National Security. (e) Removal from certain positions. (1) Except for the Director of the Central Intelligence Agency, whose removal the Director may recommend to the President, the Director and the relevant depart- ment head shall consult on the removal, or rec- ommendation to the President for removal, as the case may be, of: the Director of the National Security Agen- cy, the Director of the National Geospatial-Intelligence Agency, the Director of the Defense Intelligence Agen- cy, the Under Secretary of Homeland Security for In- telligence and Analysis, the Assistant Secretary of State for Intelligence and Research, and the Assistant Secretary for Intelligence and Analysis of the Depart- ment of the Treasury. If the Director and the depart- ment head do not agree on removal, or recommenda- Page 541 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 tion for removal, either may make a recommendation to the President for the removal of the individual. (2) The Director and the relevant department or bu- reau head shall consult on the removal of: the Execu- tive Assistant Director for the National Security Branch of the Federal Bureau of Investigation, the Di- rector of the Office of Intelligence and Counterintel- ligence of the Department of Energy, the Director of the National Reconnaissance Office, the Assistant Com- mandant of the Coast Guard for Intelligence, and the Under Secretary of Defense for Intelligence [now Under Secretary of Defense for Intelligence and Security]. With respect to an individual appointed by a depart- ment head, the department head may remove the indi- vidual upon the request of the Director; if the depart- ment head chooses not to remove the individual, either the Director or the department head may advise the President of the department head’s intention to retain the individual. In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual. For uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Director may make a recommendation for removal to the Secretary of De- fense. (3) Nothing in this subsection shall be construed to limit or otherwise affect the authority of the President to nominate, appoint, assign, or terminate the appoint- ment or assignment of any individual, with or without a consultation, recommendation, or concurrence. 1.4 THE INTELLIGENCE COMMUNITY Consistent with applicable Federal law and with the other provisions of this order, and under the leadership of the Director, as specified in such law and this order, the Intelligence Community shall: (a) Collect and provide information needed by the President and, in the performance of executive func- tions, the Vice President, the NSC, the Homeland Secu- rity Council, the Chairman of the Joint Chiefs of Staff, senior military commanders, and other executive branch officials and, as appropriate, the Congress of the United States; (b) In accordance with priorities set by the President, collect information concerning, and conduct activities to protect against, international terrorism, prolifera- tion of weapons of mass destruction, intelligence ac- tivities directed against the United States, inter- national criminal drug activities, and other hostile ac- tivities directed against the United States by foreign powers, organizations, persons, and their agents; (c) Analyze, produce, and disseminate intelligence; (d) Conduct administrative, technical, and other sup- port activities within the United States and abroad necessary for the performance of authorized activities, to include providing services of common concern for the Intelligence Community as designated by the Di- rector in accordance with this order; (e) Conduct research, development, and procurement of technical systems and devices relating to authorized functions and missions or the provision of services of common concern for the Intelligence Community; (f) Protect the security of intelligence related activi- ties, information, installations, property, and employ- ees by appropriate means, including such investiga- tions of applicants, employees, contractors, and other persons with similar associations with the Intelligence Community elements as are necessary; (g) Take into account State, local, and tribal govern- ments’ and, as appropriate, private sector entities’ in- formation needs relating to national and homeland se- curity; (h) Deconflict, coordinate, and integrate all intel- ligence activities and other information gathering in accordance with section 1.3(b)(20) of this order; and (i) Perform such other functions and duties related to intelligence activities as the President may direct. 1.5 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH DEPARTMENTS AND AGENCIES The heads of all departments and agencies shall: (a) Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Direc- tor’s duties, to include administrative and other appro- priate management information, except such informa- tion excluded by law, by the President, or by the Attor- ney General acting under this order at the direction of the President; (b) Provide all programmatic and budgetary informa- tion necessary to support the Director in developing the National Intelligence Program; (c) Coordinate development and implementation of intelligence systems and architectures and, as appro- priate, operational systems and architectures of their departments, agencies, and other elements with the Di- rector to respond to national intelligence requirements and all applicable information sharing and security guidelines, information privacy, and other legal re- quirements; (d) Provide, to the maximum extent permitted by law, subject to the availability of appropriations and not inconsistent with the mission of the department or agency, such further support to the Director as the Di- rector may request, after consultation with the head of the department or agency, for the performance of the Director’s functions; (e) Respond to advisory tasking from the Director under section 1.3(b)(18) of this order to the greatest ex- tent possible, in accordance with applicable policies es- tablished by the head of the responding department or agency; (f) Ensure that all elements within the department or agency comply with the provisions of Part 2 of this order, regardless of Intelligence Community affiliation, when performing foreign intelligence and counterintel- ligence functions; (g) Deconflict, coordinate, and integrate all intel- ligence activities in accordance with section 1.3(b)(20), and intelligence and other activities in accordance with section 1.3(b)(21) of this order; (h) Inform the Attorney General, either directly or through the Federal Bureau of Investigation, and the Director of clandestine collection of foreign intel- ligence and counterintelligence activities inside the United States not coordinated with the Federal Bureau of Investigation; (i) Pursuant to arrangements developed by the head of the department or agency and the Director of the Central Intelligence Agency and approved by the Direc- tor, inform the Director and the Director of the Central Intelligence Agency, either directly or through his des- ignee serving outside the United States, as appropriate, of clandestine collection of foreign intelligence col- lected through human sources or through human-en- abled means outside the United States that has not been coordinated with the Central Intelligence Agency; and (j) Inform the Secretary of Defense, either directly or through his designee, as appropriate, of clandestine col- lection of foreign intelligence outside the United States in a region of combat or contingency military operations designated by the Secretary of Defense, for purposes of this paragraph, after consultation with the Director of National Intelligence. 1.6 HEADS OF ELEMENTS OF THE INTELLIGENCE COMMUNITY The heads of elements of the Intelligence Community shall: (a) Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Direc- tor’s duties, to include administrative and other appro- priate management information, except such informa- tion excluded by law, by the President, or by the Attor- ney General acting under this order at the direction of the President; (b) Report to the Attorney General possible viola- tions of Federal criminal laws by employees and of specified Federal criminal laws by any other person as Page 542 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 provided in procedures agreed upon by the Attorney General and the head of the department, agency, or es- tablishment concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures; (c) Report to the Intelligence Oversight Board, con- sistent with Executive Order 13462 of February 29, 2008, and provide copies of all such reports to the Director, concerning any intelligence activities of their elements that they have reason to believe may be unlawful or contrary to executive order or presidential directive; (d) Protect intelligence and intelligence sources, methods, and activities from unauthorized disclosure in accordance with guidance from the Director; (e) Facilitate, as appropriate, the sharing of informa- tion or intelligence, as directed by law or the Presi- dent, to State, local, tribal, and private sector entities; (f) Disseminate information or intelligence to foreign governments and international organizations under in- telligence or counterintelligence arrangements or agreements established in accordance with section 1.3(b)(4) of this order; (g) Participate in the development of procedures ap- proved by the Attorney General governing production and dissemination of information or intelligence re- sulting from criminal drug intelligence activities abroad if they have intelligence responsibilities for for- eign or domestic criminal drug production and traf- ficking; and (h) Ensure that the inspectors general, general coun- sels, and agency officials responsible for privacy or civil liberties protection for their respective organiza- tions have access to any information or intelligence necessary to perform their official duties. 1.7 INTELLIGENCE COMMUNITY ELEMENTS Each element of the Intelligence Community shall have the duties and responsibilities specified below, in addition to those specified by law or elsewhere in this order. Intelligence Community elements within execu- tive departments shall serve the information and intel- ligence needs of their respective heads of departments and also shall operate as part of an integrated Intel- ligence Community, as provided in law or this order. (a) THE CENTRAL INTELLIGENCE AGENCY. The Director of the Central Intelligence Agency shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence; (2) Conduct counterintelligence activities without as- suming or performing any internal security functions within the United States; (3) Conduct administrative and technical support ac- tivities within and outside the United States as nec- essary for cover and proprietary arrangements; (4) Conduct covert action activities approved by the President. No agency except the Central Intelligence Agency (or the Armed Forces of the United States in time of war declared by the Congress or during any pe- riod covered by a report from the President to the Con- gress consistent with the War Powers Resolution, Pub- lic Law 93–148) may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective; (5) Conduct foreign intelligence liaison relationships with intelligence or security services of foreign govern- ments or international organizations consistent with section 1.3(b)(4) of this order; (6) Under the direction and guidance of the Director, and in accordance with section 1.3(b)(4) of this order, coordinate the implementation of intelligence and counterintelligence relationships between elements of the Intelligence Community and the intelligence or se- curity services of foreign governments or international organizations; and (7) Perform such other functions and duties related to intelligence as the Director may direct. (b) THE DEFENSE INTELLIGENCE AGENCY. The Director of the Defense Intelligence Agency shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and depart- mental missions; (2) Collect, analyze, produce, or, through tasking and coordination, provide defense and defense-related intel- ligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non-Defense agencies; (3) Conduct counterintelligence activities; (4) Conduct administrative and technical support ac- tivities within and outside the United States as nec- essary for cover and proprietary arrangements; (5) Conduct foreign defense intelligence liaison rela- tionships and defense intelligence exchange programs with foreign defense establishments, intelligence or se- curity services of foreign governments, and inter- national organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order; (6) Manage and coordinate all matters related to the Defense Attache´ system; and (7) Provide foreign intelligence and counterintel- ligence staff support as directed by the Secretary of Defense. (c) THE NATIONAL SECURITY AGENCY. The Direc- tor of the National Security Agency shall: (1) Collect (including through clandestine means), process, analyze, produce, and disseminate signals in- telligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions; (2) Establish and operate an effective unified organi- zation for signals intelligence activities, except for the delegation of operational control over certain oper- ations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities ex- cept pursuant to a delegation by the Secretary of De- fense, after coordination with the Director; (3) Control signals intelligence collection and proc- essing activities, including assignment of resources to an appropriate agent for such periods and tasks as re- quired for the direct support of military commanders; (4) Conduct administrative and technical support ac- tivities within and outside the United States as nec- essary for cover arrangements; (5) Provide signals intelligence support for national and departmental requirements and for the conduct of military operations; (6) Act as the National Manager for National Secu- rity Systems as established in law and policy, and in this capacity be responsible to the Secretary of Defense and to the Director; (7) Prescribe, consistent with section 102A(g) of the Act, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling, and distribution of signals in- telligence and communications security material with- in and among the elements under control of the Direc- tor of the National Security Agency, and exercise the necessary supervisory control to ensure compliance with the regulations; and (8) Conduct foreign cryptologic liaison relationships in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (d) THE NATIONAL RECONNAISSANCE OFFICE. The Director of the National Reconnaissance Office shall: (1) Be responsible for research and development, ac- quisition, launch, deployment, and operation of over- head systems and related data processing facilities to collect intelligence and information to support na- tional and departmental missions and other United States Government needs; and (2) Conduct foreign liaison relationships relating to the above missions, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. The Director of the National Geospatial-In- telligence Agency shall: (1) Collect, process, analyze, produce, and dissemi- nate geospatial intelligence information and data for Page 543 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 foreign intelligence and counterintelligence purposes to support national and departmental missions; (2) Provide geospatial intelligence support for na- tional and departmental requirements and for the con- duct of military operations; (3) Conduct administrative and technical support ac- tivities within and outside the United States as nec- essary for cover arrangements; and (4) Conduct foreign geospatial intelligence liaison re- lationships, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (f) THE INTELLIGENCE AND COUNTERINTEL- LIGENCE ELEMENTS OF THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS. The Commanders and heads of the intelligence and counterintelligence ele- ments of the Army, Navy, Air Force, and Marine Corps shall: (1) Collect (including through clandestine means), produce, analyze, and disseminate defense and defense- related intelligence and counterintelligence to support departmental requirements, and, as appropriate, na- tional requirements; (2) Conduct counterintelligence activities; (3) Monitor the development, procurement, and man- agement of tactical intelligence systems and equip- ment and conduct related research, development, and test and evaluation activities; and (4) Conduct military intelligence liaison relationships and military intelligence exchange programs with se- lected cooperative foreign defense establishments and international organizations in accordance with sec- tions 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (g) INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF INVESTIGATION. Under the supervision of the Attorney General and pursuant to such regula- tions as the Attorney General may establish, the intel- ligence elements of the Federal Bureau of Investigation shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and depart- mental missions, in accordance with procedural guide- lines approved by the Attorney General, after consulta- tion with the Director; (2) Conduct counterintelligence activities; and (3) Conduct foreign intelligence and counterintel- ligence liaison relationships with intelligence, secu- rity, and law enforcement services of foreign govern- ments or international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order. (h) THE INTELLIGENCE AND COUNTERINTEL- LIGENCE ELEMENTS OF THE COAST GUARD. The Commandant of the Coast Guard shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence including defense and defense- related information and intelligence to support na- tional and departmental missions; (2) Conduct counterintelligence activities; (3) Monitor the development, procurement, and man- agement of tactical intelligence systems and equip- ment and conduct related research, development, and test and evaluation activities; and (4) Conduct foreign intelligence liaison relationships and intelligence exchange programs with foreign intel- ligence services, security services or international or- ganizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and, when operating as part of the Department of Defense, 1.10(i) of this order. (i) THE BUREAU OF INTELLIGENCE AND RE- SEARCH, DEPARTMENT OF STATE; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF THE TREASURY; THE OFFICE OF NATIONAL SECU- RITY INTELLIGENCE, DRUG ENFORCEMENT AD- MINISTRATION; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF HOMELAND SE- CURITY; AND THE OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE, DEPARTMENT OF EN- ERGY. The heads of the Bureau of Intelligence and Re- search, Department of State; the Office of Intelligence and Analysis, Department of the Treasury; the Office of National Security Intelligence, Drug Enforcement Ad- ministration; the Office of Intelligence and Analysis, Department of Homeland Security; and the Office of In- telligence and Counterintelligence, Department of En- ergy shall: (1) Collect (overtly or through publicly available sources), analyze, produce, and disseminate informa- tion, intelligence, and counterintelligence to support national and departmental missions; and (2) Conduct and participate in analytic or informa- tion exchanges with foreign partners and international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order. (j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. The Director shall collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counter- intelligence to support the missions of the Office of the Director of National Intelligence, including the Na- tional Counterterrorism Center, and to support other national missions. 1.8 THE DEPARTMENT OF STATE In addition to the authorities exercised by the Bu- reau of Intelligence and Research under sections 1.4 and 1.7(i) of this order, the Secretary of State shall: (a) Collect (overtly or through publicly available sources) information relevant to United States foreign policy and national security concerns; (b) Disseminate, to the maximum extent possible, re- ports received from United States diplomatic and con- sular posts; (c) Transmit reporting requirements and advisory taskings of the Intelligence Community to the Chiefs of United States Missions abroad; and (d) Support Chiefs of United States Missions in dis- charging their responsibilities pursuant to law and presidential direction. 1.9 THE DEPARTMENT OF THE TREASURY In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of the Treasury under sections 1.4 and 1.7(i) of this order the Secretary of the Treasury shall collect (overtly or through publicly available sources) foreign financial in- formation and, in consultation with the Department of State, foreign economic information. 1.10 THE DEPARTMENT OF DEFENSE The Secretary of Defense shall: (a) Collect (including through clandestine means), analyze, produce, and disseminate information and in- telligence and be responsive to collection tasking and advisory tasking by the Director; (b) Collect (including through clandestine means), analyze, produce, and disseminate defense and defense- related intelligence and counterintelligence, as re- quired for execution of the Secretary’s responsibilities; (c) Conduct programs and missions necessary to ful- fill national, departmental, and tactical intelligence requirements; (d) Conduct counterintelligence activities in support of Department of Defense components and coordinate counterintelligence activities in accordance with sec- tion 1.3(b)(20) and (21) of this order; (e) Act, in coordination with the Director, as the ex- ecutive agent of the United States Government for sig- nals intelligence activities; (f) Provide for the timely transmission of critical in- telligence, as defined by the Director, within the United States Government; (g) Carry out or contract for research, development, and procurement of technical systems and devices re- lating to authorized intelligence functions; (h) Protect the security of Department of Defense in- stallations, activities, information, property, and em- ployees by appropriate means, including such inves- tigations of applicants, employees, contractors, and Page 544 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 other persons with similar associations with the De- partment of Defense as are necessary; (i) Establish and maintain defense intelligence rela- tionships and defense intelligence exchange programs with selected cooperative foreign defense establish- ments, intelligence or security services of foreign gov- ernments, and international organizations, and ensure that such relationships and programs are in accordance with sections 1.3(b)(4), 1.3(b)(21) and 1.7(a)(6) of this order; (j) Conduct such administrative and technical sup- port activities within and outside the United States as are necessary to provide for cover and proprietary ar- rangements, to perform the functions described in [sub]sections (a) though [sic] (i) above, and to support the Intelligence Community elements of the Depart- ment of Defense; and (k) Use the Intelligence Community elements within the Department of Defense identified in section 1.7(b) through (f) and, when the Coast Guard is operating as part of the Department of Defense, (h) above to carry out the Secretary of Defense’s responsibilities assigned in this section or other departments, agencies, or of- fices within the Department of Defense, as appropriate, to conduct the intelligence missions and responsibil- ities assigned to the Secretary of Defense. 1.11 THE DEPARTMENT OF HOMELAND SECURITY In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of Homeland Security under sections 1.4 and 1.7(i) of this order, the Secretary of Homeland Security shall con- duct, through the United States Secret Service, activi- ties to determine the existence and capability of sur- veillance equipment being used against the President or the Vice President of the United States, the Execu- tive Office of the President, and, as authorized by the Secretary of Homeland Security or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney Gen- eral. 1.12 THE DEPARTMENT OF ENERGY In addition to the authorities exercised by the Office of Intelligence and Counterintelligence of the Depart- ment of Energy under sections 1.4 and 1.7(i) of this order, the Secretary of Energy shall: (a) Provide expert scientific, technical, analytic, and research capabilities to other agencies within the Intel- ligence Community, as appropriate; (b) Participate in formulating intelligence collection and analysis requirements where the special expert ca- pability of the Department can contribute; and (c) Participate with the Department of State in overtly collecting information with respect to foreign energy matters. 1.13 THE FEDERAL BUREAU OF INVESTIGATION In addition to the authorities exercised by the intel- ligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1.4 and 1.7(g) of this order and under the supervision of the At- torney General and pursuant to such regulations as the Attorney General may establish, the Director of the Federal Bureau of Investigation shall provide technical assistance, within or outside the United States, to for- eign intelligence and law enforcement services, con- sistent with section 1.3(b)(20) and (21) of this order, as may be necessary to support national or departmental missions. PART 2—CONDUCT OF INTELLIGENCE ACTIVITIES 2.1 NEED Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of for- eign powers, organizations, and persons, and their agents, is essential to informed decisionmaking in the areas of national security, national defense, and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative, and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded. 2.2 PURPOSE This Order is intended to enhance human and tech- nical collection techniques, especially those under- taken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities, the spread of weapons of mass destruction, and espionage conducted by for- eign powers. Set forth below are certain general prin- ciples that, in addition to and consistent with applica- ble laws, are intended to achieve the proper balance be- tween the acquisition of essential information and pro- tection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any au- thorized civil or criminal law enforcement responsi- bility of any department or agency. 2.3 COLLECTION OF INFORMATION Elements of the Intelligence Community are author- ized to collect, retain, or disseminate information con- cerning United States persons only in accordance with procedures established by the head of the Intelligence Community element concerned or by the head of a de- partment containing such element and approved by the Attorney General, consistent with the authorities pro- vided by Part 1 of this Order, after consultation with the Director. Those procedures shall permit collection, retention, and dissemination of the following types of information: (a) Information that is publicly available or collected with the consent of the person concerned; (b) Information constituting foreign intelligence or counterintelligence, including such information con- cerning corporations or other commercial organiza- tions. Collection within the United States of foreign in- telligence not otherwise obtainable shall be undertaken by the Federal Bureau of Investigation (FBI) or, when significant foreign intelligence is sought, by other au- thorized elements of the Intelligence Community, pro- vided that no foreign intelligence collection by such elements may be undertaken for the purpose of acquir- ing information concerning the domestic activities of United States persons; (c) Information obtained in the course of a lawful for- eign intelligence, counterintelligence, international drug, or international terrorism investigation; (d) Information needed to protect the safety of any persons or organizations, including those who are tar- gets, victims, or hostages of international terrorist or- ganizations; (e) Information needed to protect foreign intelligence or counterintelligence sources, methods, and activities from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other elements of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence element contractors or their present or former employ- ees, or applicants for any such employment or con- tracting; (f) Information concerning persons who are reason- ably believed to be potential sources or contacts for the purpose of determining their suitability or credibility; (g) Information arising out of a lawful personnel, physical, or communications security investigation; (h) Information acquired by overhead reconnaissance not directed at specific United States persons; (i) Incidentally obtained information that may indi- cate involvement in activities that may violate Fed- eral, state, local, or foreign laws; and (j) Information necessary for administrative pur- poses. Page 545 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 In addition, elements of the Intelligence Community may disseminate information to each appropriate ele- ment within the Intelligence Community for purposes of allowing the recipient element to determine whether the information is relevant to its responsibilities and can be retained by it, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in accordance with procedures established by the Director in coordination with the Secretary of Defense and ap- proved by the Attorney General. 2.4 COLLECTION TECHNIQUES Elements of the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Elements of the Intelligence Commu- nity are not authorized to use such techniques as elec- tronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring de- vices unless they are in accordance with procedures es- tablished by the head of the Intelligence Community element concerned or the head of a department con- taining such element concerned and approved by the Attorney General, after consultation with the Director. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not au- thorize: (a) The Central Intelligence Agency (CIA) to engage in electronic surveillance within the United States ex- cept for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance; (b) Unconsented physical searches in the United States by elements of the Intelligence Community other than the FBI, except for: (1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence pur- poses, when authorized by a military commander em- powered to approve physical searches for law enforce- ment purposes, based upon a finding of probable cause to believe that such persons are acting as agents of for- eign powers; and (2) Searches by CIA of personal property of non- United States persons lawfully in its possession; (c) Physical surveillance of a United States person in the United States by elements of the Intelligence Com- munity other than the FBI, except for: (1) Physical surveillance of present or former employ- ees, present or former intelligence element contractors or their present or former employees, or applicants for any such employment or contracting; and (2) Physical surveillance of a military person em- ployed by a nonintelligence element of a military serv- ice; and (d) Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be ac- quired by other means. 2.5 ATTORNEY GENERAL APPROVAL The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. The authority delegated pur- suant to this paragraph, including the authority to ap- prove the use of electronic surveillance as defined in the Foreign Intelligence Surveillance Act of 1978, as amended, shall be exercised in accordance with that Act. 2.6 ASSISTANCE TO LAW ENFORCEMENT AND OTHER CIVIL AUTHORITIES Elements of the Intelligence Community are author- ized to: (a) Cooperate with appropriate law enforcement agen- cies for the purpose of protecting the employees, infor- mation, property, and facilities of any element within the Intelligence Community; (b) Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activi- ties; (c) Provide specialized equipment, technical knowl- edge, or assistance of expert personnel for use by any department or agency, or, when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the general counsel of the providing ele- ment or department; and (d) Render any other assistance and cooperation to law enforcement or other civil authorities not pre- cluded by applicable law. 2.7 CONTRACTING Elements of the Intelligence Community are author- ized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrange- ments with academic institutions may be undertaken only with the consent of appropriate officials of the in- stitution. 2.8 CONSISTENCY WITH OTHER LAWS Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or stat- utes of the United States. 2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED STATES No one acting on behalf of elements of the Intel- ligence Community may join or otherwise participate in any organization in the United States on behalf of any element of the Intelligence Community without disclosing such person’s intelligence affiliation to ap- propriate officials of the organization, except in ac- cordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element and approved by the Attorney General, after consultation with the Director. Such participation shall be authorized only if it is essential to achieving lawful purposes as deter- mined by the Intelligence Community element head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organiza- tion or its members except in cases where: (a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or (b) The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power. 2.10 HUMAN EXPERIMENTATION No element of the Intelligence Community shall sponsor, contract for, or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject’s informed consent shall be documented as re- quired by those guidelines. 2.11 PROHIBITION ON ASSASSINATION No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination. Page 546 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 2.12 INDIRECT PARTICIPATION No element of the Intelligence Community shall par- ticipate in or request any person to undertake activi- ties forbidden by this Order. 2.13 LIMITATION ON COVERT ACTION No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media. PART 3—GENERAL PROVISIONS 3.1 CONGRESSIONAL OVERSIGHT The duties and responsibilities of the Director and the heads of other departments, agencies, elements, and entities engaged in intelligence activities to co- operate with the Congress in the conduct of its respon- sibilities for oversight of intelligence activities shall be implemented in accordance with applicable law, includ- ing title V of the Act [50 U.S.C. 3091 et seq.]. The re- quirements of applicable law, including title V of the Act, shall apply to all covert action activities as de- fined in this Order. 3.2 IMPLEMENTATION The President, supported by the NSC, and the Direc- tor shall issue such appropriate directives, procedures, and guidance as are necessary to implement this order. Heads of elements within the Intelligence Community shall issue appropriate procedures and supplementary directives consistent with this order. No procedures to implement Part 2 of this order shall be issued without the Attorney General’s approval, after consultation with the Director. The Attorney General shall provide a statement of reasons for not approving any proce- dures established by the head of an element in the In- telligence Community (or the head of the department containing such element) other than the FBI. In in- stances where the element head or department head and the Attorney General are unable to reach agree- ments on other than constitutional or other legal grounds, the Attorney General, the head of department concerned, or the Director shall refer the matter to the NSC. 3.3 PROCEDURES The activities herein authorized that require proce- dures shall be conducted in accordance with existing procedures or requirements established under Execu- tive Order 12333. New procedures, as required by Execu- tive Order 12333, as further amended, shall be estab- lished as expeditiously as possible. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Com- mittee on Intelligence of the Senate and the Perma- nent Select Committee on Intelligence of the House of Representatives. 3.4 REFERENCES AND TRANSITION References to ‘‘Senior Officials of the Intelligence Community’’ or ‘‘SOICs’’ in executive orders or other Presidential guidance, shall be deemed references to the heads of elements in the Intelligence Community, unless the President otherwise directs; references in In- telligence Community or Intelligence Community ele- ment policies or guidance, shall be deemed to be ref- erences to the heads of elements of the Intelligence Community, unless the President or the Director other- wise directs. 3.5 DEFINITIONS For the purposes of this Order, the following terms shall have these meanings: (a) Counterintelligence means information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intel- ligence activities, sabotage, or assassinations con- ducted for or on behalf of foreign powers, organizations or persons, or their agents, or international terrorist organizations or activities. (b) Covert action means an activity or activities of the United States Government to influence political, eco- nomic, or military conditions abroad, where it is in- tended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include: (1) Activities the primary purpose of which is to ac- quire intelligence, traditional counterintelligence ac- tivities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities; (2) Traditional diplomatic or military activities or routine support to such activities; (3) Traditional law enforcement activities conducted by United States Government law enforcement agen- cies or routine support to such activities; or (4) Activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agen- cies abroad. (c) Electronic surveillance means acquisition of a non- public communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic com- munication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter. (d) Employee means a person employed by, assigned or detailed to, or acting for an element within the Intel- ligence Community. (e) Foreign intelligence means information relating to the capabilities, intentions, or activities of foreign gov- ernments or elements thereof, foreign organizations, foreign persons, or international terrorists. (f) Intelligence includes foreign intelligence and coun- terintelligence. (g) Intelligence activities means all activities that ele- ments of the Intelligence Community are authorized to conduct pursuant to this order. (h) Intelligence Community and elements of the Intel- ligence Community refers to: (1) The Office of the Director of National Intelligence; (2) The Central Intelligence Agency; (3) The National Security Agency; (4) The Defense Intelligence Agency; (5) The National Geospatial-Intelligence Agency; (6) The National Reconnaissance Office; (7) The other offices within the Department of De- fense for the collection of specialized national foreign intelligence through reconnaissance programs; (8) The intelligence and counterintelligence elements of the Army, the Navy, the Air Force, and the Marine Corps; (9) The intelligence elements of the Federal Bureau of Investigation; (10) The Office of National Security Intelligence of the Drug Enforcement Administration; (11) The Office of Intelligence and Counterintel- ligence of the Department of Energy; (12) The Bureau of Intelligence and Research of the Department of State; (13) The Office of Intelligence and Analysis of the De- partment of the Treasury; (14) The Office of Intelligence and Analysis of the De- partment of Homeland Security; (15) The intelligence and counterintelligence ele- ments of the Coast Guard; and (16) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director and the head of the department or agency concerned, as an element of the Intelligence Community. (i) National Intelligence and Intelligence Related to Na- tional Security means all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that per- tains, as determined consistent with any guidance Page 547 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 issued by the President, or that is determined for the purpose of access to information by the Director in ac- cordance with section 1.3(a)(1) of this order, to pertain to more than one United States Government agency; and that involves threats to the United States, its peo- ple, property, or interests; the development, prolifera- tion, or use of weapons of mass destruction; or any other matter bearing on United States national or homeland security. (j) The National Intelligence Program means all pro- grams, projects, and activities of the Intelligence Com- munity, as well as any other programs of the Intel- ligence Community designated jointly by the Director and the head of a United States department or agency or by the President. Such term does not include pro- grams, projects, or activities of the military depart- ments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces. (k) United States person means a United States citizen, an alien known by the intelligence element concerned to be a permanent resident alien, an unincorporated as- sociation substantially composed of United States citi- zens or permanent resident aliens, or a corporation in- corporated in the United States, except for a corpora- tion directed and controlled by a foreign government or governments. 3.6 REVOCATION Executive Orders 13354 and 13355 of August 27, 2004, are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1 supersede provisions within Executive Order 12958, as amended, to the extent such provisions in Executive Order 12958, as amended, are inconsistent with this Order. 3.7 GENERAL PROVISIONS (a) Consistent with section 1.3(c) of this order, noth- ing in this order shall be construed to impair or other- wise affect: (1) Authority granted by law to a department or agency, or the head thereof; or (2) Functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is intended only to improve the inter- nal management of the executive branch and is not in- tended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in eq- uity, by any party against the United States, its de- partments, agencies or entities, its officers, employees, or agents, or any other person. [For provisions relating to consideration of Com- mandant and Assistant Commandant for Intelligence of the Coast Guard as a ‘‘Senior Official of the Intel- ligence Community’’ for purposes of Ex. Ord. No. 12333, set out above, and all other relevant authorities, see Ex. Ord. No. 13286, § 87, Feb. 28, 2003, 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Se- curity.] EXECUTIVE ORDER NO. 12334 Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by Ex. Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, which established the President’s Intelligence Oversight Board, was revoked by Ex. Ord. No. 12863, § 3.3, Sept. 13, 1993, 58 F.R. 48441, formerly set out below. EXECUTIVE ORDER NO. 12863 Ex. Ord. No. 12863, Sept. 13, 1993, 58 F.R. 48441, as amended by Ex. Ord. No. 13070, Dec. 15, 1997, 62 F.R. 66493; Ex. Ord. No. 13301, May 14, 2003, 68 F.R. 26981; Ex. Ord. No. 13376, Apr. 13, 2005, 70 F.R. 20261, which estab- lished the President’s Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 13462, § 10, Feb. 29, 2008, 73 F.R. 11808, set out below. EX. ORD. NO. 13434. NATIONAL SECURITY PROFESSIONAL DEVELOPMENT Ex. Ord. No. 13434, May 17, 2007, 72 F.R. 28583, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the national security, it is hereby ordered as follows: SECTION 1. Policy. In order to enhance the national se- curity of the United States, including preventing, pro- tecting against, responding to, and recovering from natural and manmade disasters, such as acts of ter- rorism, it is the policy of the United States to promote the education, training, and experience of current and future professionals in national security positions (se- curity professionals) in executive departments and agencies (agencies). SEC. 2. National Strategy for Professional Development. Not later than 60 days after the date of this order, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT), in coordination with the Assistant to the President for National Security Af- fairs (APNSA), shall submit to the President for ap- proval a National Strategy for the Development of Se- curity Professionals (National Strategy). The National Strategy shall set forth a framework that will provide to security professionals access to integrated edu- cation, training, and professional experience opportuni- ties for the purpose of enhancing their mission-related knowledge, skills, and experience and thereby improve their capability to safeguard the security of the Na- tion. Such opportunities shall be provided across orga- nizations, levels of government, and incident manage- ment disciplines, as appropriate. SEC. 3. Executive Steering Committee. (a) There is estab- lished the Security Professional Development Execu- tive Steering Committee (Steering Committee), which shall facilitate the implementation of the National Strategy. Not later than 120 days after the approval of the National Strategy by the President, the Steering Committee shall submit to the APHS/CT and the APNSA an implementation plan (plan) for the National Strategy, and annually thereafter shall submit to the APHS/CT and the APNSA a status report on the imple- mentation of the plan and any recommendations for changes to the National Strategy. (b) The Steering Committee shall consist exclusively of the following members (or their designees who shall be full-time officers or employees of the members’ re- spective agencies): (i) the Director of the Office of Personnel Manage- ment, who shall serve as Chair; (ii) the Secretary of State; (iii) the Secretary of the Treasury; (iv) the Secretary of Defense; (v) the Attorney General; (vi) the Secretary of Agriculture; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Housing and Urban Develop- ment; (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Education; (xiii) the Secretary of Homeland Security; (xiv) the Director of National Intelligence; (xv) the Director of the Office of Management and Budget; and (xvi) such other officers of the United States as the Chair of the Steering Committee may designate from time to time. (c) The Steering Committee shall coordinate, to the maximum extent practicable, national security profes- sional development programs and guidance issued by the heads of agencies in order to ensure an integrated approach to such programs. (d) The Chair of the Steering Committee shall con- vene and preside at the meetings of the Steering Com- mittee, set its agenda, coordinate its work, and, as ap- Page 548 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 propriate to deal with particular subject matters, es- tablish subcommittees of the Steering Committee that shall consist exclusively of members of the Steering Committee (or their designees under subsection (b) of this section), and such other full-time or permanent part-time officers or employees of the Federal Govern- ment as the Chair may designate. SEC. 4. Responsibilities. The head of each agency with national security functions shall: (a) identify and enhance existing national security professional development programs and infrastructure, and establish new programs as necessary, in order to fulfill their respective missions to educate, train, and employ security professionals consistent with the Na- tional Strategy and, to the maximum extent prac- ticable, the plan and related guidance from the Steer- ing Committee; and (b) cooperate with the Steering Committee and pro- vide such information, support, and assistance as the Chair of the Steering Committee may request from time to time. SEC. 5. Additional Responsibilities. (a) Except for em- ployees excluded by law, and subject to subsections (b), (c), and (d) of this section, the Director of the Office of Personnel Management, after consultation with the Steering Committee, shall: (i) consistent with applicable merit-based hiring and advancement principles, lead the establishment of a na- tional security professional development program in accordance with the National Strategy and the plan that provides for interagency and intergovernmental assignments and fellowship opportunities and provides for professional development guidelines for career ad- vancement; and (ii) issue to agencies rules and guidance or apply ex- isting rules and guidance relating to the establishment of national security professional development programs to implement the National Strategy and the plan; (b) The Secretary of Defense shall issue rules or guid- ance on professional development programs for Depart- ment of Defense military personnel, including inter- agency and intergovernmental assignments and fellow- ship opportunities, to implement the National Strategy and the plan, as appropriate, and shall coordinate such programs, to the maximum extent practicable, with the Steering Committee; (c) The Secretary of State shall issue rules or guid- ance on national security professional development programs for the Foreign Service, including inter- agency and intergovernmental exchanges and fellow- ship opportunities, to implement the National Strategy and the plan, as appropriate, and shall coordinate such programs, to the maximum extent practicable, with the Steering Committee; (d) The Director of National Intelligence, in coordina- tion with the heads of agencies of which elements of the intelligence community are a part, shall issue rules or guidance on national security professional develop- ment programs for the intelligence community, includ- ing interagency and intergovernmental assignments and fellowship opportunities, to implement the Na- tional Strategy and the plan, as appropriate, and shall coordinate such programs, to the maximum extent practicable, with the Steering Committee; and (e) The Secretary of Homeland Security shall develop a program to provide to Federal, State, local, and trib- al government officials education in disaster prepared- ness, response, and recovery plans and authorities, and training in crisis decision-making skills, consistent with applicable presidential guidance. SEC. 6. General Provisions. This order: (a) shall be implemented consistent with applicable law and authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appro- priations; (b) shall not be construed to impair or otherwise af- fect the authorities of any agency, instrumentality, of- ficer, or employee of the United States under applica- ble law, including the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals, or the func- tions assigned by the President to the Director of the Office of Personnel Management; and (c) is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, en- forceable at law or in equity, by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. GEORGE W. BUSH. EX. ORD. NO. 13462. PRESIDENT’S INTELLIGENCE ADVISORY BOARD AND INTELLIGENCE OVERSIGHT BOARD Ex. Ord. No. 13462, Feb. 29, 2008, 73 F.R. 11805, as amended by Ex. Ord. No. 13516, § 1, Oct. 28, 2009, 74 F.R. 56521, 57241, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States to ensure that the President and other officers of the United States with responsibility for the security of the Nation and the advancement of its interests have access to accurate, insightful, objective, and timely in- formation concerning the capabilities, intentions, and activities of foreign powers. SEC. 2. Definitions. As used in this order: (a) ‘‘department concerned’’ means an executive de- partment listed in section 101 of title 5, United States Code, that contains an organization listed in or des- ignated pursuant to section 3(4) of the National Secu- rity Act of 1947, as amended ([former] 50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)]; (b) ‘‘intelligence activities’’ has the meaning speci- fied in section 3.5 of Executive Order 12333 of December 4, 1981, as amended; and (c) ‘‘intelligence community’’ means the organiza- tions listed in or designated pursuant to section 3(4) of the National Security Act of 1947, as amended. SEC. 3. Establishment of the President’s Intelligence Ad- visory Board. (a) There is hereby established, within the Executive Office of the President and exclusively to ad- vise and assist the President as set forth in this order, the President’s Intelligence Advisory Board (PIAB). (b) The PIAB shall consist of not more than 16 mem- bers appointed by the President from among individ- uals who are not full-time employees of the Federal Government. (c) The President shall designate a Chair or Co-Chairs from among the members of the PIAB, who shall con- vene and preside at meetings of the PIAB, determine its agenda, and direct its work. (d) Members of the PIAB and the Intelligence Over- sight Board (IOB) established in section 5 of this order: (i) shall serve without any compensation for their work on the PIAB or the IOB; and (ii) while engaged in the work of the PIAB or the IOB, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government (5 U.S.C. 5701–5707). (e) The PIAB shall utilize such full-time professional and administrative staff as authorized by the Chair and approved by the President or the President’s designee. Such staff shall be supervised by an Executive Director of the PIAB, appointed by the President, whom the President may designate to serve also as the Executive Director of the IOB. SEC. 4. Functions of the PIAB. Consistent with the pol- icy set forth in section 1 of this order, the PIAB shall have the authority to, as the PIAB determines appro- priate, or shall, when directed by the President: (a) assess the quality, quantity, and adequacy of in- telligence collection, of analysis and estimates, and of counterintelligence and other intelligence activities, assess the adequacy of management, personnel and or- ganization in the intelligence community, and review the performance of all agencies of the Federal Govern- ment that are engaged in the collection, evaluation, or Page 549 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 production of intelligence or the execution of intel- ligence policy and report the results of such assess- ments or reviews: (i) to the President, as necessary but not less than twice each year; and (ii) to the Director of National Intelligence (DNI) and the heads of departments concerned when the PIAB de- termines appropriate; and (b) consider and make appropriate recommendations to the President, the DNI, or the head of the depart- ment concerned with respect to matters identified to the PIAB by the DNI or the head of a department con- cerned. SEC. 5. Establishment of Intelligence Oversight Board. (a) There is hereby established a committee of the PIAB to be known as the Intelligence Oversight Board. (b) The IOB shall consist of not more than five mem- bers of the PIAB who are designated by the President from among members of the PIAB to serve on the IOB. The IOB shall utilize such full-time professional and administrative staff as authorized by the Chair and ap- proved by the President or the President’s designee. Such staff shall be supervised by an Executive Director of the IOB, appointed by the President, whom the President may designate to serve also as the Executive Director of the PIAB. (c) The President shall designate a Chair from among the members of the IOB, who shall convene and preside at meetings of the IOB, determine its agenda, and di- rect its work. SEC. 6. Functions of the IOB. Consistent with the pol- icy set forth in section 1 of this order, the IOB shall: (a) issue criteria on the thresholds for reporting mat- ters to the IOB, to the extent consistent with section 1.6(c) of Executive Order 12333, as amended[,] or the cor- responding provision of any successor order; (b) inform the President of intelligence activities that the IOB believes: (i)(A) may be unlawful or contrary to Executive Order or presidential directive; and (B) are not being adequately addressed by the Attor- ney General, the DNI, or the head of the department concerned; or (ii) should be immediately reported to the Presi- dent.[;] (c) forward to the Attorney General information con- cerning intelligence activities that involve possible violations of Federal criminal laws or otherwise impli- cate the authority of the Attorney General; (d) review and assess the effectiveness, efficiency, and sufficiency of the processes by which the DNI and the heads of departments concerned perform their respec- tive functions under this order and report thereon as necessary, together with any recommendations, to the President and, as appropriate, the DNI and the head of the department concerned; (e) receive and review information submitted by the DNI under subsection 7(c) of this order and make rec- ommendations thereon, including for any needed cor- rective action, with respect to such information, and the intelligence activities to which the information re- lates, as necessary, but not less than twice each year, to the President, the DNI, and the head of the depart- ment concerned; and (f) conduct, or request that the DNI or the head of the department concerned, as appropriate, carry out and report to the IOB the results of, investigations of intel- ligence activities that the IOB determines are nec- essary to enable the IOB to carry out its functions under this order. SEC. 7. Functions of the Director of National Intelligence. Consistent with the policy set forth in section 1 of this order, the DNI shall: (a) with respect to guidelines applicable to organiza- tions within the intelligence community that concern reporting of intelligence activities described in sub- section 6(b)(i)(A) of this order: (i) review and ensure that such guidelines are con- sistent with section 1.6(c) of Executive Order 12333, as amended, or a corresponding provision of any successor order, and this order; and (ii) issue for incorporation in such guidelines instruc- tions relating to the format and schedule of such re- porting as necessary to implement this order; (b) with respect to intelligence activities described in subsection 6(b)(i)(A) of this order: (i) receive reports submitted to the IOB pursuant to section 1.6(c) of Executive Order 12333, as amended, or a corresponding provision of any successor order; (ii) forward to the Attorney General information in such reports relating to such intelligence activities to the extent that such activities involve possible viola- tions of Federal criminal laws or implicate the author- ity of the Attorney General unless the DNI or the head of the department concerned has previously provided such information to the Attorney General; and (iii) monitor the intelligence community to ensure that the head of the department concerned has directed needed corrective actions and that such actions have been taken and report to the IOB and the head of the department concerned, and as appropriate the Presi- dent, when such actions have not been timely taken; and (c) submit to the IOB as necessary and no less than twice each year: (i) an analysis of the reports received under sub- section (b)(i) of this section, including an assessment of the gravity, frequency, trends, and patterns of occur- rences of intelligence activities described in subsection 6(b)(i)(A) of this order; (ii) a summary of direction under subsection (b)(iii) of this section and any related recommendations; and (iii) an assessment of the effectiveness of corrective action taken by the DNI or the head of the department concerned with respect to intelligence activities de- scribed in subsection 6(b)(i)(A) of this order. SEC. 8. Functions of Heads of Departments Concerned and Additional Functions of the Director of National Intel- ligence. (a) To the extent permitted by law, the DNI and the heads of departments concerned shall provide such in- formation and assistance as the PIAB and the IOB de- termine is needed to perform their functions under this order. (b) The heads of departments concerned shall: (i) ensure that the DNI receives: (A) copies of reports submitted to the IOB pursuant to section 1.6(c) of Executive Order 12333, as amended, or a corresponding provision of any successor order; and (B) such information and assistance as the DNI may need to perform functions under this order; and (ii) designate the offices within their respective orga- nizations that shall submit reports to the IOB required by Executive Order and inform the DNI and the IOB of such designations; and (iii) ensure that departments concerned comply with instructions issued by the DNI under subsection 7(a)(ii) of this order. (c) The head of a department concerned who does not implement a recommendation to that head of depart- ment from the PIAB under subsection 4(b) of this order or from the IOB under subsections 6(c) or 6(d) of this order shall promptly report through the DNI to the Board that made the recommendation, or to the Presi- dent, the reasons for not implementing the rec- ommendation. (d) The DNI shall ensure that the Director of the Cen- tral Intelligence Agency performs the functions with respect to the Central Intelligence Agency under this order that a head of a department concerned performs with respect to organizations within the intelligence community that are part of that department. SEC. 9. References and Transition. (a) References in Ex- ecutive Orders other than this order, or in any other presidential guidance, to the ‘‘President’s Foreign In- telligence Advisory Board’’ shall be deemed to be ref- erences to the President’s Intelligence Advisory Board established by this order. (b) Individuals who are members of the President’s Foreign Intelligence Advisory Board under Executive Page 550 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 Order 12863 of September 13, 1993, as amended, imme- diately prior to the signing of this order shall be mem- bers of the President’s Intelligence Advisory Board im- mediately upon the signing of this order, to serve as such consistent with this order until the date that is 15 months following the date of this order. (c) Individuals who are members of the Intelligence Oversight Board under Executive Order 12863 imme- diately prior to the signing of this order shall be mem- bers of the Intelligence Oversight Board under this order, to serve as such consistent with this order until the date that is 15 months following the date of this order. (d) The individual serving as Executive Director of the President’s Foreign Intelligence Advisory Board immediately prior to the signing of this order shall serve as the Executive Director of the PIAB until such person resigns, dies, or is removed, or upon appoint- ment of a successor under this order and shall serve as the Executive Director of the IOB until an Executive Director of the IOB is appointed or designated under this order. SEC. 10. Revocation. Executive Order 12863 is revoked. SEC. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agen- cy, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. (b) Any person who is a member of the PIAB or the IOB, or who is granted access to classified national se- curity information in relation to the activities of the PIAB or the IOB, as a condition of access to such infor- mation, shall sign and comply with appropriate agree- ments to protect such information from unauthorized disclosure. This order shall be implemented in a man- ner consistent with Executive Order 12958 of April 17, 1995, as amended, and Executive Order 12968 of August 2, 1995, as amended. (c) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (d) This order is intended only to improve the inter- nal management of the executive branch and is not in- tended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in eq- uity, by any party against the United States, its de- partments, agencies or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH. EX. ORD. NO. 13732. UNITED STATES POLICY ON PRE- AND POST-STRIKE MEASURES TO ADDRESS CIVILIAN CASUAL- TIES IN U.S. OPERATIONS INVOLVING THE USE OF FORCE Ex. Ord. No. 13732, July 1, 2016, 81 F.R. 44485, as amended by Ex. Ord. No. 13862, § 2, Mar. 6, 2019, 84 F.R. 8789, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows: SECTION 1. Purpose. United States policy on civilian casualties resulting from U.S. operations involving the use of force in armed conflict or in the exercise of the Nation’s inherent right of self-defense is based on our national interests, our values, and our legal obliga- tions. As a Nation, we are steadfastly committed to complying with our obligations under the law of armed conflict, including those that address the protection of civilians, such as the fundamental principles of neces- sity, humanity, distinction, and proportionality. The protection of civilians is fundamentally con- sistent with the effective, efficient, and decisive use of force in pursuit of U.S. national interests. Minimizing civilian casualties can further mission objectives; help maintain the support of partner governments and vul- nerable populations, especially in the conduct of counterterrorism and counterinsurgency operations; and enhance the legitimacy and sustainability of U.S. operations critical to our national security. As a mat- ter of policy, the United States therefore routinely im- poses certain heightened policy standards that are more protective than the requirements of the law of armed conflict that relate to the protection of civil- ians. Civilian casualties are a tragic and at times unavoid- able consequence of the use of force in situations of armed conflict or in the exercise of a state’s inherent right of self-defense. The U.S. Government shall main- tain and promote best practices that reduce the likeli- hood of civilian casualties, take appropriate steps when such casualties occur, and draw lessons from our oper- ations to further enhance the protection of civilians. SEC. 2. Policy. In furtherance of U.S. Government ef- forts to protect civilians in U.S. operations involving the use of force in armed conflict or in the exercise of the Nation’s inherent right of self-defense, and with a view toward enhancing such efforts, relevant depart- ments and agencies (agencies) shall continue to take certain measures in present and future operations. (a) In particular, relevant agencies shall, consistent with mission objectives and applicable law, including the law of armed conflict: (i) train personnel, commensurate with their respon- sibilities, on compliance with legal obligations and pol- icy guidance that address the protection of civilians and on implementation of best practices that reduce the likelihood of civilian casualties, including through exercises, pre-deployment training, and simulations of complex operational environments that include civil- ians; (ii) develop, acquire, and field intelligence, surveil- lance, and reconnaissance systems that, by enabling more accurate battlespace awareness, contribute to the protection of civilians; (iii) develop, acquire, and field weapon systems and other technological capabilities that further enable the discriminate use of force in different operational con- texts; (iv) take feasible precautions in conducting attacks to reduce the likelihood of civilian casualties, such as providing warnings to the civilian population (unless the circumstances do not permit), adjusting the timing of attacks, taking steps to ensure military objectives and civilians are clearly distinguished, and taking other measures appropriate to the circumstances; and (v) conduct assessments that assist in the reduction of civilian casualties by identifying risks to civilians and evaluating efforts to reduce risks to civilians. (b) In addition to the responsibilities above, relevant agencies shall also, as appropriate and consistent with mission objectives and applicable law, including the law of armed conflict: (i) review or investigate incidents involving civilian casualties, including by considering relevant and cred- ible information from all available sources, such as other agencies, partner governments, and nongovern- mental organizations, and take measures to mitigate the likelihood of future incidents of civilian casualties; (ii) acknowledge U.S. Government responsibility for civilian casualties and offer condolences, including ex gratia payments, to civilians who are injured or to the families of civilians who are killed; (iii) engage with foreign partners to share and learn best practices for reducing the likelihood of and re- sponding to civilian casualties, including through ap- propriate training and assistance; and (iv) maintain channels for engagement with the International Committee of the Red Cross and other nongovernmental organizations that operate in conflict zones and encourage such organizations to assist in ef- forts to distinguish between military objectives and ci- vilians, including by appropriately marking protected facilities, vehicles, and personnel, and by providing up- dated information on the locations of such facilities and personnel. SEC. 3. Report on Strikes Undertaken by the U.S. Govern- ment Against Terrorist Targets Outside Areas of Active Page 551 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 Hostilities. [Revoked by Ex. Ord. No. 13862, § 2, Mar. 6, 2019, 84 F.R. 8789.] SEC. 4. Periodic Consultation. In furtherance of the policies and practices set forth in this order, the Assist- ant to the President for National Security Affairs, through the National Security Council staff, will con- vene agencies with relevant defense, counterterrorism, intelligence, legal, civilian protection, and technology expertise to consult on civilian casualty trends, con- sider potential improvements to U.S. Government ci- vilian casualty mitigation efforts, and, as appropriate, report to the Deputies and Principals Committees, con- sistent with Presidential Policy Directive 1 or its suc- cessor. Specific incidents will not be considered in this context, and will continue to be examined within rel- evant chains of command. SEC. 5. General Provisions. (a) The policies and prac- tices set forth above are not intended to alter, and shall be implemented consistent with, the authority and responsibility of commanders and other U.S. per- sonnel to execute their mission as directed by the President or other appropriate authorities, which nec- essarily includes the inherent right of self-defense and the maintenance of good order and discipline among U.S. personnel. No part of this order modifies the chain of command of the U.S. Armed Forces or the authority of U.S. commanders. (b) No part of this order modifies priorities in the col- lection of intelligence or the development, acquisition, or fielding of weapon systems and other technological capabilities. (c) No part of this order shall prejudice or supplant established procedures pertaining to administrative or criminal investigative or judicial processes in the con- text of the military justice system or other applicable law and regulation. (d) The policies set forth in this order are consistent with existing U.S. obligations under international law and are not intended to create new international legal obligations; nor shall anything in this order be con- strued to derogate from obligations under applicable law, including the law of armed conflict. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. EX. ORD. NO. 14086. ENHANCING SAFEGUARDS FOR UNITED STATES SIGNALS INTELLIGENCE ACTIVITIES Ex. Ord. No. 14086, Oct. 7, 2022, 87 F.R. 62283, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. The United States collects signals intelligence so that its national security decision- makers have access to the timely, accurate, and in- sightful information necessary to advance the national security interests of the United States and to protect its citizens and the citizens of its allies and partners from harm. Signals intelligence capabilities are a major reason we have been able to adapt to a dynamic and challenging security environment, and the United States must preserve and continue to develop robust and technologically advanced signals intelligence capa- bilities to protect our security and that of our allies and partners. At the same time, the United States rec- ognizes that signals intelligence activities must take into account that all persons should be treated with dignity and respect, regardless of their nationality or wherever they might reside, and that all persons have legitimate privacy interests in the handling of their personal information. Therefore, this order establishes safeguards for such signals intelligence activities. SEC. 2. Signals Intelligence Activities. (a) Principles. Signals intelligence activities shall be authorized and conducted consistent with the following principles: (i) Signals intelligence activities shall be authorized by statute or by Executive Order, proclamation, or other Presidential directive and undertaken in accord- ance with the Constitution and with applicable stat- utes and Executive Orders, proclamations, and other Presidential directives. (ii) Signals intelligence activities shall be subject to appropriate safeguards, which shall ensure that privacy and civil liberties are integral considerations in the planning and implementation of such activities so that: (A) signals intelligence activities shall be con- ducted only following a determination, based on a reasonable assessment of all relevant factors, that the activities are necessary to advance a validated intelligence priority, although signals intelligence does not have to be the sole means available or used for advancing aspects of the validated intelligence priority; and (B) signals intelligence activities shall be con- ducted only to the extent and in a manner that is proportionate to the validated intelligence priority for which they have been authorized, with the aim of achieving a proper balance between the importance of the validated intelligence priority being advanced and the impact on the privacy and civil liberties of all persons, regardless of their nationality or wher- ever they might reside. (iii) Signals intelligence activities shall be subjected to rigorous oversight in order to ensure that they com- port with the principles identified above. (b) Objectives. Signals intelligence collection activi- ties shall be conducted in pursuit of legitimate objec- tives. (i) Legitimate objectives. (A) Signals intelligence collection activities shall be conducted only in pursuit of one or more of the following objectives: (1) understanding or assessing the capabilities, in- tentions, or activities of a foreign government, a foreign military, a faction of a foreign nation, a for- eign-based political organization, or an entity act- ing on behalf of or controlled by any such foreign government, military, faction, or political organi- zation, in order to protect the national security of the United States and of its allies and partners; (2) understanding or assessing the capabilities, in- tentions, or activities of foreign organizations, in- cluding international terrorist organizations, that pose a current or potential threat to the national security of the United States or of its allies or part- ners; (3) understanding or assessing transnational threats that impact global security, including cli- mate and other ecological change, public health risks, humanitarian threats, political instability, and geographic rivalry; (4) protecting against foreign military capabili- ties and activities; (5) protecting against terrorism, the taking of hostages, and the holding of individuals captive (in- cluding the identification, location, and rescue of hostages and captives) conducted by or on behalf of a foreign government, foreign organization, or for- eign person; (6) protecting against espionage, sabotage, assas- sination, or other intelligence activities conducted by, on behalf of, or with the assistance of a foreign government, foreign organization, or foreign per- son; (7) protecting against threats from the develop- ment, possession, or proliferation of weapons of mass destruction or related technologies and threats conducted by, on behalf of, or with the as- sistance of a foreign government, foreign organiza- tion, or foreign person; (8) protecting against cybersecurity threats cre- ated or exploited by, or malicious cyber activities conducted by or on behalf of, a foreign government, foreign organization, or foreign person; (9) protecting against threats to the personnel of the United States or of its allies or partners; (10) protecting against transnational criminal threats, including illicit finance and sanctions eva- Page 552 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 sion related to one or more of the other objectives identified in subsection (b)(i) of this section; (11) protecting the integrity of elections and po- litical processes, government property, and United States infrastructure (both physical and electronic) from activities conducted by, on behalf of, or with the assistance of a foreign government, foreign or- ganization, or foreign person; and (12) advancing collection or operational capabili- ties or activities in order to further a legitimate objective identified in subsection (b)(i) of this sec- tion. (B) The President may authorize updates to the list of objectives in light of new national security im- peratives, such as new or heightened threats to the national security of the United States, for which the President determines that signals intelligence collec- tion activities may be used. The Director of National Intelligence (Director) shall publicly release any up- dates to the list of objectives authorized by the Presi- dent, unless the President determines that doing so would pose a risk to the national security of the United States. (ii) Prohibited objectives. (A) Signals intelligence collection activities shall not be conducted for the purpose of: (1) suppressing or burdening criticism, dissent, or the free expression of ideas or political opinions by individuals or the press; (2) suppressing or restricting legitimate privacy interests; (3) suppressing or restricting a right to legal counsel; or (4) disadvantaging persons based on their eth- nicity, race, gender, gender identity, sexual ori- entation, or religion. (B) It is not a legitimate objective to collect for- eign private commercial information or trade secrets to afford a competitive advantage to United States companies and United States business sectors com- mercially. The collection of such information is au- thorized only to protect the national security of the United States or of its allies or partners. (iii) Validation of signals intelligence collection prior- ities. (A) Under section 102A of the National Security Act of 1947, as amended (50 U.S.C. 3024), the Director must establish priorities for the Intelligence Community to ensure the timely and effective collection of na- tional intelligence, including national intelligence collected through signals intelligence. The Director does this through the National Intelligence Priorities Framework (NIPF), which the Director maintains and presents to the President, through the Assistant to the President for National Security Affairs, on a regular basis. In order to ensure that signals intel- ligence collection activities are undertaken to ad- vance legitimate objectives, before presenting the NIPF or any successor framework that identifies in- telligence priorities to the President, the Director shall obtain from the Civil Liberties Protection Offi- cer of the Office of the Director of National Intel- ligence (CLPO) an assessment as to whether, with re- gard to anticipated signals intelligence collection ac- tivities, each of the intelligence priorities identified in the NIPF or successor framework: (1) advances one or more of the legitimate objec- tives set forth in subsection (b)(i) of this section; (2) neither was designed nor is anticipated to re- sult in signals intelligence collection in contraven- tion of the prohibited objectives set forth in sub- section (b)(ii) of this section; and (3) was established after appropriate consider- ation for the privacy and civil liberties of all per- sons, regardless of their nationality or wherever they might reside. (B) If the Director disagrees with any aspect of the CLPO’s assessment with respect to any of the intel- ligence priorities identified in the NIPF or successor framework, the Director shall include the CLPO’s as- sessment and the Director’s views when presenting the NIPF to the President. (c) Privacy and civil liberties safeguards. The following safeguards shall fulfill the principles contained in sub- sections (a)(ii) and (a)(iii) of this section. (i) Collection of signals intelligence. (A) The United States shall conduct signals intel- ligence collection activities only following a deter- mination that a specific signals intelligence collec- tion activity, based on a reasonable assessment of all relevant factors, is necessary to advance a validated intelligence priority, although signals intelligence does not have to be the sole means available or used for advancing aspects of the validated intelligence priority; it could be used, for example, to ensure al- ternative pathways for validation or for maintaining reliable access to the same information. In deter- mining whether to collect signals intelligence con- sistent with this principle, the United States— through an element of the Intelligence Community or through an interagency committee consisting in whole or in part of the heads of elements of the Intel- ligence Community, the heads of departments con- taining such elements, or their designees—shall con- sider the availability, feasibility, and appropriateness of other less intrusive sources and methods for col- lecting the information necessary to advance a vali- dated intelligence priority, including from diplomatic and public sources, and shall prioritize such avail- able, feasible, and appropriate alternatives to signals intelligence. (B) Signals intelligence collection activities shall be as tailored as feasible to advance a validated intel- ligence priority and, taking due account of relevant factors, not disproportionately impact privacy and civil liberties. Such factors may include, depending on the circumstances, the nature of the pursued ob- jective; the feasible steps taken to limit the scope of the collection to the authorized purpose; the intru- siveness of the collection activity, including its dura- tion; the probable contribution of the collection to the objective pursued; the reasonably foreseeable consequences to individuals, including unintended third parties; the nature and sensitivity of the data to be collected; and the safeguards afforded to the in- formation collected. (C) For purposes of subsection (c)(i) of this section, the scope of a specific signals intelligence collection activity may include, for example, a specific line of effort or target, as appropriate. (ii) Bulk collection of signals intelligence. (A) Targeted collection shall be prioritized. The bulk collection of signals intelligence shall be au- thorized only based on a determination—by an ele- ment of the Intelligence Community or through an interagency committee consisting in whole or in part of the heads of elements of the Intelligence Commu- nity, the heads of departments containing such ele- ments, or their designees—that the information nec- essary to advance a validated intelligence priority cannot reasonably be obtained by targeted collection. When it is determined to be necessary to engage in bulk collection in order to advance a validated intel- ligence priority, the element of the Intelligence Com- munity shall apply reasonable methods and technical measures in order to limit the data collected to only what is necessary to advance a validated intelligence priority, while minimizing the collection of non-per- tinent information. (B) Each element of the Intelligence Community that collects signals intelligence through bulk collec- tion shall use such information only in pursuit of one or more of the following objectives: (1) protecting against terrorism, the taking of hostages, and the holding of individuals captive (in- cluding the identification, location, and rescue of hostages and captives) conducted by or on behalf of a foreign government, foreign organization, or for- eign person; (2) protecting against espionage, sabotage, assas- sination, or other intelligence activities conducted Page 553 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 by, on behalf of, or with the assistance of a foreign government, foreign organization, or foreign per- son; (3) protecting against threats from the develop- ment, possession, or proliferation of weapons of mass destruction or related technologies and threats conducted by, on behalf of, or with the as- sistance of a foreign government, foreign organiza- tion, or foreign person; (4) protecting against cybersecurity threats cre- ated or exploited by, or malicious cyber activities conducted by or on behalf of, a foreign government, foreign organization, or foreign person; (5) protecting against threats to the personnel of the United States or of its allies or partners; and (6) protecting against transnational criminal threats, including illicit finance and sanctions eva- sion related to one or more of the other objectives identified in subsection (c)(ii) of this section. (C) The President may authorize updates to the list of objectives in light of new national security im- peratives, such as new or heightened threats to the national security of the United States, for which the President determines that bulk collection may be used. The Director shall publicly release any updates to the list of objectives authorized by the President, unless the President determines that doing so would pose a risk to the national security of the United States. (D) In order to minimize any impact on privacy and civil liberties, a targeted signals intelligence collec- tion activity that temporarily uses data acquired without discriminants (for example, without specific identifiers or selection terms) shall be subject to the safeguards described in this subsection, unless such data is: (1) used only to support the initial technical phase of the targeted signals intelligence collection activity; (2) retained for only the short period of time re- quired to complete this phase; and (3) thereafter deleted. (iii) Handling of personal information collected through signals intelligence. (A) Minimization. Each element of the Intelligence Community that handles personal information col- lected through signals intelligence shall establish and apply policies and procedures designed to mini- mize the dissemination and retention of personal in- formation collected through signals intelligence. (1) Dissemination. Each element of the Intelligence Community that handles personal information col- lected through signals intelligence: (a) shall disseminate non-United States persons’ personal information collected through signals intelligence only if it involves one or more of the comparable types of information that section 2.3 of Executive Order 12333 of December 4, 1981 (United States Intelligence Activities), as amend- ed [50 U.S.C. 3001 note], states may be dissemi- nated in the case of information concerning United States persons; (b) shall not disseminate personal information collected through signals intelligence solely be- cause of a person’s nationality or country of resi- dence; (c) shall disseminate within the United States Government personal information collected through signals intelligence only if an authorized and appropriately trained individual has a reason- able belief that the personal information will be appropriately protected and that the recipient has a need to know the information; (d) shall take due account of the purpose of the dissemination, the nature and extent of the per- sonal information being disseminated, and the po- tential for harmful impact on the person or per- sons concerned before disseminating personal in- formation collected through signals intelligence to recipients outside the United States Govern- ment, including to a foreign government or inter- national organization; and (e) shall not disseminate personal information collected through signals intelligence for the pur- pose of circumventing the provisions of this order. (2) Retention. Each element of the Intelligence Community that handles personal information col- lected through signals intelligence: (a) shall retain non-United States persons’ per- sonal information collected through signals intel- ligence only if the retention of comparable infor- mation concerning United States persons would be permitted under applicable law and shall sub- ject such information to the same retention peri- ods that would apply to comparable information concerning United States persons; (b) shall subject non-United States persons’ per- sonal information collected through signals intel- ligence for which no final retention determina- tion has been made to the same temporary reten- tion periods that would apply to comparable in- formation concerning United States persons; and (c) shall delete non-United States persons’ per- sonal information collected through signals intel- ligence that may no longer be retained in the same manner that comparable information con- cerning United States persons would be deleted. (B) Data security and access. Each element of the In- telligence Community that handles personal informa- tion collected through signals intelligence: (1) shall process and store personal information collected through signals intelligence under condi- tions that provide appropriate protection and pre- vent access by unauthorized persons, consistent with the applicable safeguards for sensitive infor- mation contained in relevant Executive Orders, proclamations, other Presidential directives, Intel- ligence Community directives, and associated poli- cies; (2) shall limit access to such personal information to authorized personnel who have a need to know the information to perform their mission and have received appropriate training on the requirements of applicable United States law, as described in policies and procedures issued under subsection (c)(iv) of this section; and (3) shall ensure that personal information col- lected through signals intelligence for which no final retention determination has been made is accessed only in order to make or support such a determination or to conduct authorized administra- tive, testing, development, security, or oversight functions. (C) Data quality. Each element of the Intelligence Community that handles personal information col- lected through signals intelligence shall include such personal information in intelligence products only as consistent with applicable Intelligence Community standards for accuracy and objectivity, with a focus on applying standards relating to the quality and re- liability of the information, consideration of alter- native sources of information and interpretations of data, and objectivity in performing analysis. (D) Queries of bulk collection. Each element of the Intelligence Community that conducts queries of unminimized signals intelligence obtained by bulk collection shall do so consistent with the permissible uses of signals intelligence obtained by bulk collec- tion identified in subsection (c)(ii)(B) of this section and according to policies and procedures issued under subsection (c)(iv) of this section, which shall appro- priately take into account the impact on the privacy and civil liberties of all persons, regardless of their nationality or wherever they might reside. (E) Documentation. In order to facilitate the over- sight processes set forth in subsection (d) of this sec- tion and the redress mechanism set forth in section 3 of this order, each element of the Intelligence Com- munity that engages in signals intelligence collec- Page 554 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 tion activities shall maintain documentation to the extent reasonable in light of the nature and type of collection at issue and the context in which it is col- lected. The content of any such documentation may vary based on the circumstances but shall, to the ex- tent reasonable, provide the factual basis pursuant to which the element of the Intelligence Community, based on a reasonable assessment of all relevant fac- tors, assesses that the signals intelligence collection activity is necessary to advance a validated intel- ligence priority. (iv) Update and publication of policies and procedures. The head of each element of the Intelligence Commu- nity: (A) shall continue to use the policies and proce- dures issued pursuant to Presidential Policy Direc- tive 28 of January 17, 2014 (Signals Intelligence Ac- tivities) (PPD–28), until they are updated pursuant to subsection (c)(iv)(B) of this section; (B) shall, within 1 year of the date of this order [Oct. 7, 2022], in consultation with the Attorney Gen- eral, the CLPO, and the Privacy and Civil Liberties Oversight Board (PCLOB), update those policies and procedures as necessary to implement the privacy and civil liberties safeguards in this order; and (C) shall, within 1 year of the date of this order, re- lease these policies and procedures publicly to the maximum extent possible, consistent with the protec- tion of intelligence sources and methods, in order to enhance the public’s understanding of, and to pro- mote public trust in, the safeguards pursuant to which the United States conducts signals intelligence activities. (v) Review by the PCLOB. (A) Nature of review. Consistent with applicable law, the PCLOB is encouraged to conduct a review of the updated policies and procedures described in sub- section (c)(iv)(B) of this section once they have been issued to ensure that they are consistent with the en- hanced safeguards contained in this order. (B) Consideration of review. Within 180 days of com- pletion of any review by the PCLOB described in sub- section (c)(v)(A) of this section, the head of each ele- ment of the Intelligence Community shall carefully consider and shall implement or otherwise address all recommendations contained in such review, con- sistent with applicable law. (d) Subjecting signals intelligence activities to rigorous oversight. The actions directed in this subsection are designed to build on the oversight mechanisms that elements of the Intelligence Community already have in place, in order to further ensure that signals intel- ligence activities are subjected to rigorous oversight. (i) Legal, oversight, and compliance officials. Each ele- ment of the Intelligence Community that collects sig- nals intelligence: (A) shall have in place senior-level legal, oversight, and compliance officials who conduct periodic over- sight of signals intelligence activities, including an Inspector General, a Privacy and Civil Liberties Offi- cer, and an officer or officers in a designated compli- ance role with the authority to conduct oversight of and ensure compliance with applicable United States law; (B) shall provide such legal, oversight, and compli- ance officials access to all information pertinent to carrying out their oversight responsibilities under this subsection, consistent with the protection of in- telligence sources or methods, including their over- sight responsibilities to ensure that any appropriate actions are taken to remediate an incident of non- compliance with applicable United States law; and (C) shall not take any actions designed to impede or improperly influence such legal, oversight, and com- pliance officials in carrying out their oversight re- sponsibilities under this subsection. (ii) Training. Each element of the Intelligence Com- munity shall maintain appropriate training require- ments to ensure that all employees with access to sig- nals intelligence know and understand the require- ments of this order and the policies and procedures for reporting and remediating incidents of non-compliance with applicable United States law. (iii) Significant incidents of non-compliance. (A) Each element of the Intelligence Community shall ensure that, if a legal, oversight, or compliance official, as described in subsection (d)(i) of this sec- tion, or any other employee, identifies a significant incident of non-compliance with applicable United States law, the incident is reported promptly to the head of the element of the Intelligence Community, the head of the executive department or agency (agency) containing the element of the Intelligence Community (to the extent relevant), and the Direc- tor. (B) Upon receipt of such report, the head of the ele- ment of the Intelligence Community, the head of the agency containing the element of the Intelligence Community (to the extent relevant), and the Director shall ensure that any necessary actions are taken to remediate and prevent the recurrence of the signifi- cant incident of non-compliance. (e) Savings clause. Provided the signals intelligence collection is conducted consistent with and in the man- ner prescribed by this section of this order, this order does not limit any signals intelligence collection tech- nique authorized under the National Security Act of 1947, as amended (50 U.S.C. 3001 et seq.), the Foreign In- telligence Surveillance Act of 1978, as amended (50 U.S.C. 1801 et seq.) (FISA), Executive Order 12333, or other applicable law or Presidential directive. SEC. 3. Signals Intelligence Redress Mechanism. (a) Purpose. This section establishes a redress mecha- nism to review qualifying complaints transmitted by the appropriate public authority in a qualifying state concerning United States signals intelligence activities for any covered violation of United States law and, if necessary, appropriate remediation. (b) Process for submission of qualifying complaints. Within 60 days of the date of this order, the Director, in consultation with the Attorney General and the heads of elements of the Intelligence Community that collect or handle personal information collected through signals intelligence, shall establish a process for the submission of qualifying complaints trans- mitted by the appropriate public authority in a quali- fying state. (c) Initial investigation of qualifying complaints by the CLPO. (i) Establishment. The Director, in consultation with the Attorney General, shall establish a process that au- thorizes the CLPO to investigate, review, and, as nec- essary, order appropriate remediation for qualifying complaints. This process shall govern how the CLPO will review qualifying complaints in a manner that pro- tects classified or otherwise privileged or protected in- formation and shall ensure, at a minimum, that for each qualifying complaint the CLPO shall: (A) review information necessary to investigate the qualifying complaint; (B) exercise its statutory and delegated authority to determine whether there was a covered violation by: (i) [sic] taking into account both relevant na- tional security interests and applicable privacy protections; (ii) giving appropriate deference to any relevant determinations made by national security officials; and (iii) applying the law impartially; (C) determine the appropriate remediation for any covered violation; (D) provide a classified report on information indi- cating a violation of any authority subject to the oversight of the Foreign Intelligence Surveillance Court (FISC) to the Assistant Attorney General for National Security, who shall report violations to the FISC in accordance with its rules of procedure; (E) after the review is completed, inform the com- plainant, through the appropriate public authority in Page 555 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 a qualifying state and without confirming or denying that the complainant was subject to United States signals intelligence activities, that: (1) ‘‘the review either did not identify any covered violations or the Civil Liberties Protection Officer of the Office of the Director of National Intel- ligence issued a determination requiring appro- priate remediation’’; (2) the complainant or an element of the Intel- ligence Community may, as prescribed in the regu- lations issued by the Attorney General pursuant to section 3(d)(i) of this order, apply for review of the CLPO’s determinations by the Data Protection Re- view Court described in subsection (d) of this sec- tion; and (3) if either the complainant or an element of the Intelligence Community applies for review by the Data Protection Review Court, a special advocate will be selected by the Data Protection Review Court to advocate regarding the complainant’s in- terest in the matter; (F) maintain appropriate documentation of its re- view of the qualifying complaint and produce a clas- sified decision explaining the basis for its factual findings, determination with respect to whether a covered violation occurred, and determination of the appropriate remediation in the event there was such a violation, consistent with its statutory and dele- gated authority; (G) prepare a classified ex parte record of review, which shall consist of the appropriate documentation of its review of the qualifying complaint and the clas- sified decision described in subsection (c)(i)(F) of this section; and (H) provide any necessary support to the Data Pro- tection Review Court. (ii) Binding effect. Each element of the Intelligence Community, and each agency containing an element of the Intelligence Community, shall comply with any de- termination by the CLPO to undertake appropriate re- mediation pursuant to subsection (c)(i)(C) of this sec- tion, subject to any contrary determination by the Data Protection Review Court. (iii) Assistance. Each element of the Intelligence Com- munity shall provide the CLPO with access to informa- tion necessary to conduct the reviews described in sub- section (c)(i) of this section, consistent with the protec- tion of intelligence sources and methods, and shall not take any actions designed to impede or improperly in- fluence the CLPO’s reviews. Privacy and civil liberties officials within elements of the Intelligence Commu- nity shall also support the CLPO as it performs the re- views described in subsection (c)(i) of this section. (iv) Independence. The Director shall not interfere with a review by the CLPO of a qualifying complaint under subsection (c)(i) of this section; nor shall the Di- rector remove the CLPO for any actions taken pursu- ant to this order, except for instances of misconduct, malfeasance, breach of security, neglect of duty, or in- capacity. (d) Data Protection Review Court. (i) Establishment. The Attorney General is authorized to and shall establish a process to review determina- tions made by the CLPO under subsection (c)(i) of this section. In exercising that authority, the Attorney General shall, within 60 days of the date of this order, promulgate regulations establishing a Data Protection Review Court to exercise the Attorney General’s au- thority to review such determinations. These regula- tions shall, at a minimum, provide that: (A) The Attorney General, in consultation with the Secretary of Commerce, the Director, and the PCLOB, shall appoint individuals to serve as judges on the Data Protection Review Court, who shall be legal practitioners with appropriate experience in the fields of data privacy and national security law, giv- ing weight to individuals with prior judicial experi- ence, and who shall not be, at the time of their initial appointment, employees of the United States Govern- ment. During their term of appointment on the Data Protection Review Court, such judges shall not have any official duties or employment within the United States Government other than their official duties and employment as judges on the Data Protection Review Court. (B) Upon receipt of an application for review filed by the complainant or an element of the Intelligence Community of a determination made by the CLPO under subsection (c) of this section, a three-judge panel of the Data Protection Review Court shall be convened to review the application. Service on the Data Protection Review Court panel shall require that the judge hold the requisite security clearances to access classified national security information. (C) Upon being convened, the Data Protection Re- view Court panel shall select a special advocate through procedures prescribed in the Attorney Gen- eral’s regulations. The special advocate shall assist the panel in its consideration of the application for review, including by advocating regarding the com- plainant’s interest in the matter and ensuring that the Data Protection Review Court panel is well in- formed of the issues and the law with respect to the matter. Service as a special advocate shall require that the special advocate hold the requisite security clearances to access classified national security in- formation and to adhere to restrictions prescribed in the Attorney General’s regulations on communica- tions with the complainant to ensure the protection of classified or otherwise privileged or protected in- formation. (D) The Data Protection Review Court panel shall impartially review the determinations made by the CLPO with respect to whether a covered violation oc- curred and the appropriate remediation in the event there was such a violation. The review shall be based at a minimum on the classified ex parte record of re- view described in subsection (c)(i)(F) of this section and information or submissions provided by the com- plainant, the special advocate, or an element of the Intelligence Community. In reviewing determina- tions made by the CLPO, the Data Protection Review Court panel shall be guided by relevant decisions of the United States Supreme Court in the same way as are courts established under Article III of the United States Constitution, including those decisions regard- ing appropriate deference to relevant determinations of national security officials. (E) In the event that the Data Protection Review Court panel disagrees with any of the CLPO’s deter- minations with respect to whether a covered viola- tion occurred or the appropriate remediation in the event there was such a violation, the panel shall issue its own determinations. (F) The Data Protection Review Court panel shall provide a classified report on information indicating a violation of any authority subject to the oversight of the FISC to the Assistant Attorney General for Na- tional Security, who shall report violations to the FISC in accordance with its rules of procedure. (G) After the review is completed, the CLPO shall be informed of the Data Protection Review Court panel’s determinations through procedures prescribed by the Attorney General’s regulations. (H) After a review is completed in response to a complainant’s application for review, the Data Pro- tection Review Court, through procedures prescribed by the Attorney General’s regulations, shall inform the complainant, through the appropriate public au- thority in a qualifying state and without confirming or denying that the complainant was subject to United States signals intelligence activities, that ‘‘the review either did not identify any covered viola- tions or the Data Protection Review Court issued a determination requiring appropriate remediation.’’ (ii) Binding effect. Each element of the Intelligence Community, and each agency containing an element of the Intelligence Community, shall comply with any de- termination by a Data Protection Review Court panel to undertake appropriate remediation. Page 556 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 (iii) Assistance. Each element of the Intelligence Com- munity shall provide the CLPO with access to informa- tion necessary to conduct the review described in sub- section (d)(i) of this section, consistent with the protec- tion of intelligence sources and methods, that a Data Protection Review Court panel requests from the CLPO and shall not take any actions for the purpose of im- peding or improperly influencing a panel’s review. (iv) Independence. The Attorney General shall not interfere with a review by a Data Protection Review Court panel of a determination the CLPO made regard- ing a qualifying complaint under subsection (c)(i) of this section; nor shall the Attorney General remove any judges appointed as provided in subsection (d)(i)(A) of this section, or remove any judge from service on a Data Protection Review Court panel, except for in- stances of misconduct, malfeasance, breach of security, neglect of duty, or incapacity, after taking due account of the standards in the Rules for Judicial-Conduct and Judicial-Disability Proceedings promulgated by the Ju- dicial Conference of the United States pursuant to the Judicial Conduct and Disability Act [probably means the Judicial Improvements Act of 2002] (28 U.S.C. 351 et seq.). (v) Record of determinations. For each qualifying com- plaint transmitted by the appropriate public authority in a qualifying state, the Secretary of Commerce shall: (A) maintain a record of the complainant who sub- mitted such complaint; (B) not later than 5 years after the date of this order and no less than every 5 years thereafter, con- tact the relevant element or elements of the Intel- ligence Community regarding whether information pertaining to the review of such complaint by the CLPO has been declassified and whether information pertaining to the review of any application for review submitted to the Data Protection Review Court has been declassified, including whether an element of the Intelligence Community filed an application for review with the Data Protection Review Court; and (C) if informed that such information has been de- classified, notify the complainant, through the appro- priate public authority in a qualifying state, that in- formation pertaining to the review of their complaint by the CLPO or to the review of any application for review submitted to the Data Protection Review Court may be available under applicable law. (e) Annual review by PCLOB of redress process. (i) Nature of review. Consistent with applicable law, the PCLOB is encouraged to conduct an annual review of the processing of qualifying complaints by the re- dress mechanism established by section 3 of this order, including whether the CLPO and the Data Protection Review Court processed qualifying complaints in a timely manner; whether the CLPO and the Data Pro- tection Review Court are obtaining full access to nec- essary information; whether the CLPO and the Data Protection Review Court are operating consistent with this order; whether the safeguards established by sec- tion 2 of this order are properly considered in the proc- esses of the CLPO and the Data Protection Review Court; and whether the elements of the Intelligence Community have fully complied with determinations made by the CLPO and the Data Protection Review Court. (ii) Assistance. The Attorney General, the CLPO, and the elements of the Intelligence Community shall pro- vide the PCLOB with access to information necessary to conduct the review described in subsection (e)(i) of this section, consistent with the protection of intel- ligence sources and methods. (iii) Report and certification. Within 30 days of com- pleting any review described in subsection (e)(i) of this section, the PCLOB is encouraged to: (A) provide the President, the Attorney General, the Director, the heads of elements of the Intel- ligence Community, the CLPO, and the congressional intelligence committees with a classified report de- tailing the results of its review; (B) release to the public an unclassified version of the report; and (C) make an annual public certification as to whether the redress mechanism established pursuant to section 3 of this order is processing complaints consistent with this order. (iv) Consideration of review. Within 180 days of receipt of any report by the PCLOB described in subsection (e)(iii)(A) of this section, the Attorney General, the Di- rector, the heads of elements of the Intelligence Com- munity, and the CLPO shall carefully consider and shall implement or otherwise address all recommenda- tions contained in such report, consistent with applica- ble law. (f) Designation of qualifying state. (i) To implement the redress mechanism established by section 3 of this order, the Attorney General is au- thorized to designate a country or regional economic integration organization as a qualifying state for pur- poses of the redress mechanism established pursuant to section 3 of this order, effective immediately or on a date specified by the Attorney General, if the Attorney General determines, in consultation with the Secretary of State, the Secretary of Commerce, and the Director, that: (A) the laws of the country, the regional economic integration organization, or the regional economic integration organization’s member countries require appropriate safeguards in the conduct of signals in- telligence activities for United States persons’ per- sonal information that is transferred from the United States to the territory of the country or a member country of the regional economic integration organi- zation; (B) the country, the regional economic integration organization, or the regional economic integration organization’s member countries of the regional eco- nomic integration organization permit, or are antici- pated to permit, the transfer of personal information for commercial purposes between the territory of that country or those member countries and the ter- ritory of the United States; and (C) such designation would advance the national in- terests of the United States. (ii) The Attorney General may revoke or amend such a designation, effective immediately or on a date speci- fied by the Attorney General, if the Attorney General determines, in consultation with the Secretary of State, the Secretary of Commerce, and the Director, that: (A) the country, the regional economic integration organization, or the regional economic integration organization’s member countries do not provide ap- propriate safeguards in the conduct of signals intel- ligence activities for United States persons’ personal information that is transferred from the United States to the territory of the country or to a member country of the regional economic integration organi- zation; (B) the country, the regional economic integration organization, or the regional economic integration organization’s member countries do not permit the transfer of personal information for commercial pur- poses between the territory of that country or those member countries and the territory of the United States; or (C) such designation is not in the national interests of the United States. SEC. 4. Definitions. For purposes of this order: (a) ‘‘Appropriate remediation’’ means lawful meas- ures designed to fully redress an identified covered vio- lation regarding a specific complainant and limited to measures designed to address that specific complain- ant’s complaint, taking into account the ways that a violation of the kind identified have customarily been addressed. Such measures may include, depending on the specific covered violation at issue, curing through administrative measures violations found to have been procedural or technical errors relating to otherwise lawful access to or handling of data, terminating acqui- sition of data where collection is not lawfully author- ized, deleting data that had been acquired without law- Page 557 TITLE 50—WAR AND NATIONAL DEFENSE § 3001 ful authorization, deleting the results of inappropri- ately conducted queries of otherwise lawfully collected data, restricting access to lawfully collected data to those appropriately trained, or recalling intelligence reports containing data acquired without lawful au- thorization or that were otherwise disseminated in a manner inconsistent with United States law. Appro- priate remediation shall be narrowly tailored to redress the covered violation and to minimize adverse impacts on the operations of the Intelligence Community and the national security of the United States. (b) ‘‘Bulk collection’’ means the authorized collection of large quantities of signals intelligence data that, due to technical or operational considerations, is acquired without the use of discriminants (for example, without the use of specific identifiers or selection terms). (c) ‘‘Counterintelligence’’ shall have the same mean- ing as it has in Executive Order 12333 [50 U.S.C. 3001 note]. (d) ‘‘Covered violation’’ means a violation that: (i) arises from signals intelligence activities con- ducted after the date of this order regarding data transferred to the United States from a qualifying state after the effective date of the Attorney Gen- eral’s designation for such state, as provided in sec- tion 3(f)(i) of this order; (ii) adversely affects the complainant’s individual privacy and civil liberties interests; and (iii) violates one or more of the following: (A) the United States Constitution; (B) the applicable sections of FISA or any appli- cable FISC-approved procedures; (C) Executive Order 12333 or any applicable agen- cy procedures pursuant to Executive Order 12333; (D) this order or any applicable agency policies and procedures issued or updated pursuant to this order (or the policies and procedures identified in section 2(c)(iv)(A) of this order before they are up- dated pursuant to section 2(c)(iv)(B) of this order); (E) any successor statute, order, policies, or pro- cedures to those identified in section 4(d)(iii)(B)–(D) of this order; or (F) any other statute, order, policies, or proce- dures adopted after the date of this order that pro- vides privacy and civil liberties safeguards with re- spect to United States signals intelligence activi- ties within the scope of this order, as identified in a list published and updated by the Attorney Gen- eral, in consultation with the Director of National Intelligence. (e) ‘‘Foreign intelligence’’ shall have the same mean- ing as it has in Executive Order 12333. (f) ‘‘Intelligence’’ shall have the same meaning as it has in Executive Order 12333. (g) ‘‘Intelligence Community’’ and ‘‘elements of the Intelligence Community’’ shall have the same meaning as they have in Executive Order 12333. (h) ‘‘National security’’ shall have the same meaning as it has in Executive Order 13526 of December 29, 2009 (Classified National Security Information) [50 U.S.C. 3161 note]. (i) ‘‘Non-United States person’’ means a person who is not a United States person. (j) ‘‘Personnel of the United States or of its allies or partners’’ means any current or former member of the Armed Forces of the United States, any current or former official of the United States Government, and any other person currently or formerly employed by or working on behalf of the United States Government, as well as any current or former member of the military, current or former official, or other person currently or formerly employed by or working on behalf of an ally or partner. (k) ‘‘Qualifying complaint’’ means a complaint, sub- mitted in writing, that: (i) alleges a covered violation has occurred that per- tains to personal information of or about the complain- ant, a natural person, reasonably believed to have been transferred to the United States from a qualifying state after the effective date of the Attorney General’s designation for such state, as provided in section 3(f)(i) of this order; (ii) includes the following basic information to enable a review: information that forms the basis for alleging that a covered violation has occurred, which need not demonstrate that the complainant’s data has in fact been subject to United States signals intelligence ac- tivities; the nature of the relief sought; the specific means by which personal information of or about the complainant was believed to have been transmitted to the United States; the identities of the United States Government entities believed to be involved in the al- leged violation (if known); and any other measures the complainant pursued to obtain the relief requested and the response received through those other measures; (iii) is not frivolous, vexatious, or made in bad faith; (iv) is brought on behalf of the complainant, acting on that person’s own behalf, and not as a representative of a governmental, nongovernmental, or intergovern- mental organization; and (v) is transmitted by the appropriate public authority in a qualifying state, after it has verified the identity of the complainant and that the complaint satisfies the conditions of section 5(k)(i)–(iv) of this order. (l) ‘‘Significant incident of non-compliance’’ shall mean a systemic or intentional failure to comply with a principle, policy, or procedure of applicable United States law that could impugn the reputation or integ- rity of an element of the Intelligence Community or otherwise call into question the propriety of an Intel- ligence Community activity, including in light of any significant impact on the privacy and civil liberties in- terests of the person or persons concerned. (m) ‘‘United States person’’ shall have the same meaning as it has in Executive Order 12333. (n) ‘‘Validated intelligence priority’’ shall mean, for most United States signals intelligence collection ac- tivities, a priority validated under the process de- scribed in section 2(b)(iii) of this order; or, in narrow circumstances (for example, when such process cannot be carried out because of a need to address a new or evolving intelligence requirement), shall mean a pri- ority set by the President or the head of an element of the Intelligence Community in accordance with the cri- teria described in section 2(b)(iii)(A)(1)–(3) of this order to the extent feasible. (o) ‘‘Weapons of mass destruction’’ shall have the same meaning as it has in Executive Order 13526. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law, including orders of and procedures ap- proved by the FISC, and subject to the availability of appropriations. (c) Nothing in this order precludes the application of more privacy-protective safeguards for United States signals intelligence activities that would apply in the absence of this order. In the case of any conflict be- tween this order and other applicable law, the more pri- vacy-protective safeguards shall govern the conduct of signals intelligence activities, to the maximum extent allowed by law. (d) Nothing in this order prohibits elements of the In- telligence Community from disseminating information relating to a crime for law enforcement purposes; dis- seminating warnings of threats of killing, serious bod- ily injury, or kidnapping; disseminating cyber threat, incident, or intrusion response information; notifying victims or warning potential victims of crime; or com- plying with dissemination obligations required by stat- ute, treaty, or court order, including orders of and pro- cedures approved by the FISC or other court orders. (e) The collection, retention, and dissemination of in- formation concerning United States persons is gov- erned by multiple legal and policy requirements, such Page 558 TITLE 50—WAR AND NATIONAL DEFENSE § 3002 as those required by FISA and Executive Order 12333. This order is not intended to alter the rules applicable to United States persons adopted pursuant to FISA, Executive Order 12333, or other applicable law. (f) This order shall apply to signals intelligence ac- tivities consistent with the scope of PPD–28’s applica- tion to such activities prior to PPD–28’s partial revoca- tion by the national security memorandum issued con- currently with this order. To implement this sub- section, the head of each agency containing an element of the Intelligence Community, in consultation with the Attorney General and the Director, is hereby dele- gated the authority to issue guidance, which may be classified, as appropriate, as to the scope of application of this order with respect to the element or elements of the Intelligence Community within their agency. The CLPO and the Data Protection Review Court, in car- rying out the functions assigned to it under this order, shall treat such guidance as authoritative and binding. (g) Nothing in this order confers authority to declas- sify or disclose classified national security information except as authorized pursuant to Executive Order 13526 or any successor order. Consistent with the require- ments of Executive Order 13526, the CLPO, the Data Protection Review Court, and the special advocates shall not have authority to declassify classified na- tional security information, nor shall they disclose any classified or otherwise privileged or protected informa- tion except to authorized and appropriately cleared in- dividuals who have a need to know the information. (h) This order creates an entitlement to submit quali- fying complaints to the CLPO and to obtain review of the CLPO’s decisions by the Data Protection Review Court in accordance with the redress mechanism estab- lished in section 3 of this order. This order is not in- tended to, and does not, create any other entitlement, right, or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its offi- cers, employees, or agents, or any other person. This order is not intended to, and does not, modify the avail- ability or scope of any judicial review of the decisions rendered through the redress mechanism, which is gov- erned by existing law. J.R. BIDEN, JR. EFFECTIVE DATES OF PROVISIONS IN TITLE I OF THE IN- TELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004 Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Sec- retary of Homeland Security[,] the Director of the Of- fice of Management and Budget[, and] the Director of National Intelligence Subsection 1097(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458, December 17, 2004) (the Act) [set out in a note above] provides: (a) IN GENERAL- Except as otherwise expressly pro- vided in this Act, this title and the amendments made by this title shall take effect not later than 6 months after the date of the enactment of this Act. Subsection 1097(a) clearly contemplates that one or more of the provisions in Title I of the Act may take effect earlier than the date that is 6 months after the date of enactment of the Act, but does not state explic- itly the mechanism for determining when such earlier effect shall occur, leaving it to the President in the execution of the Act. Moreover, given that section 1097(a) evinces a legislative intent to afford the Presi- dent flexibility, and such flexibility is constitutionally appropriate with respect to intelligence matters (see United States v. Curtiss-Wright Export Corporation, 299 U.S. 304 (1936)), the executive branch shall construe sec- tion 1097(a) to authorize the President to select dif- ferent effective dates that precede the 6-month dead- line for different provisions in Title I. Therefore, pursuant to the Constitution and the laws of the United States of America, including subsection 1097(a) of the Act, I hereby determine and direct: 1. Sections 1097(a) and 1103 of the Act [set out in notes above], relating respectively to effective dates of provi- sions and to severability, shall take effect immediately upon the signing of this memorandum to any extent that they have not already taken effect. 2. Provisions in Title I of the Act other than those ad- dressed in numbered paragraph 1 of this memorandum shall take effect immediately upon the signing of this memorandum, except: (a) any provision in Title I of the Act for which the Act expressly provides the date on which the provision shall take effect; and (b) sections 1021 and 1092 of the Act [enacting section 3056 of this title and provisions set out in a note above, respectively], relating to the National Counterterrorism Center. The taking of effect of a provision pursuant to sec- tion 1097(a) of the Act and this memorandum shall not affect the construction of such provision by the execu- tive branch as set forth in my Statement of December 17, 2004, upon signing the Act into law. The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 3002. Congressional declaration of purpose In enacting this chapter, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated poli- cies and procedures for the departments, agen- cies, and functions of the Government relating to the national security; to provide a Depart- ment of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of De- fense; to provide that each military department shall be separately organized under its own Sec- retary and shall function under the direction, authority, and control of the Secretary of De- fense; to provide for their unified direction under civilian control of the Secretary of De- fense but not to merge these departments or services; to provide for the establishment of uni- fied or specified combatant commands, and a clear and direct line of command to such com- mands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Sec- retary of Defense; to provide more effective, effi- cient, and economical administration in the De- partment of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a sin- gle Chief of Staff over the armed forces nor an overall armed forces general staff. (July 26, 1947, ch. 343, § 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, § 2, 63 Stat. 579; Pub. L. 85–599, § 2, Aug. 6, 1958, 72 Stat. 514.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this legislation’’, meaning act July 26, 1947, ch. 343, 61