50 U.S.C. § 3073a — Requirements for certain employment

Page 659 TITLE 50—WAR AND NATIONAL DEFENSE § 3073a 1799; Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, §§ 1–103, 4–102, July 20, 1979, 44 F.R. 43239; Pub. L. 97–89, title V, § 504, Dec. 4, 1981, 95 Stat. 1153; Pub. L. 100–453, title V, § 503, Sept. 29, 1988, 102 Stat. 1910; Pub. L. 108–458, title I, § 1071(a)(1)(U), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Ta- bles. CODIFICATION Section was formerly classified to section 405 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–458 substituted ‘‘Direc- tor of National Intelligence’’ for ‘‘Director of Central Intelligence’’ in two places. 1988—Subsec. (a). Pub. L. 100–453 substituted ‘‘Retired members of the uniformed services employed by the Di- rector of Central Intelligence who hold no other office or position under the United States for which they re- ceive compensation, other’’ for ‘‘Other’’ in last sen- tence. 1981—Subsec. (a). Pub. L. 97–89, § 504(a), substituted ‘‘at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS–18 of the General Schedule established by section 5332 of title 5’’ for ‘‘at a rate not to exceed $50 for each day of service’’. Subsec. (b). Pub. L. 97–89, § 504(b), substituted ‘‘sec- tion 203, 205, or 207 of title 18’’ for ‘‘section 281, 283, or 284 of title 18’’. 1956—Subsec. (a). Act Aug. 10, 1956, struck out ‘‘Sec- retary of Defense, the’’ after ‘‘The’’. 1954—Act Sept. 3, 1954, amended section generally, substituting the ‘‘Director of the Office of Defense Mo- bilization’’ for ‘‘Chairman of the National Security Re- sources Board’’ in subsec. (a), and substituting ‘‘sec- tions 281, 283, or 284 of title 18’’ for ‘‘sections 198 or 203 of title 18 or section 119(e) of title 41’’. 1949—Subsec. (a). Act Aug. 10, 1949, inserted reference to National Security Council, and increased per diem payable to consultants from $35 to $50. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces. TRANSFER OF FUNCTIONS For abolition of Office of Defense Mobilization and its Director and transfers and delegations of their func- tions to Office of Emergency Planning, Office of Emer- gency Preparedness, President, Federal Preparedness Agency, Federal Emergency Management Agency, and Secretary of Homeland Security, see Transfer of Func- tions notes set out under former section 3042 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. ADVISORY COMMITTEE MEMBERS AND PERSONNEL; PER DIEM COMPENSATION Act June 24, 1948, ch. 632, 62 Stat. 648, which related to authority of former Chairman of National Security Resources Board to appoint advisory committee mem- bers and part-time advisory personnel at rates up to $50 per day, was superseded by section 3073(a) of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES 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. Executive Documents TRANSFER OF FUNCTIONS National Security Council transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. 1067. See note set out under section 3021 of this title. § 3073a. Requirements for certain employment activities by former intelligence officers and employees (a) Post-employment restrictions (1) Covered post-service position (A) Permanent restriction Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intel- ligence position may not occupy a covered post-service position for a designated prohib- ited foreign country following the date on which the employee ceases to occupy a cov- ered intelligence position. (B) Temporary restriction Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intel- ligence position may not occupy a covered post-service position during the 30-month period following the date on which the em- Page 660 TITLE 50—WAR AND NATIONAL DEFENSE § 3073a ployee ceases to occupy a covered intel- ligence position. (2) Waiver (A) Authority to grant waivers The applicable head of an intelligence community element may waive a restriction in paragraph (1) with respect to an employee or former employee who is subject to that restriction only after— (i) the employee or former employee sub- mits to the applicable head of the intel- ligence community element a written ap- plication for such waiver in such form and manner as the applicable head of the intel- ligence community element determines appropriate; and (ii) the applicable head of the element of the intelligence community determines that granting such waiver will not harm the national security interests of the United States. (B) Period of waiver A waiver issued under subparagraph (A) shall apply for a period not exceeding 5 years. The applicable head of the intel- ligence community element may renew such a waiver. (C) Revocation The applicable head of the intelligence community element may revoke a waiver issued under subparagraph (A) to an em- ployee or former employee, effective on the date that is 60 days after the date on which the applicable head of the intelligence com- munity element provides the employee or former employee written notice of such rev- ocation. (D) Tolling The 30-month restriction in paragraph (1)(B) shall be tolled for an employee or former employee during the period begin- ning on the date on which a waiver is issued under subparagraph (A) and ending on the date on which the waiver expires or on the effective date of a revocation under subpara- graph (C), as the case may be. (E) Reporting to Congress On a quarterly basis, the head of each ele- ment of the intelligence community shall submit to the congressional intelligence committees and the congressional defense committees for Department of Defense ele- ments of the intelligence community, a written notification of each waiver or rev- ocation that shall include the following: (i) With respect to a waiver issued to an employee or former employee— (I) the covered intelligence position held or formerly held by the employee or former employee; and (II) a brief description of the covered post-service employment, including the employer and the recipient of the rep- resentation, advice, or services. (ii) With respect to a revocation of a waiver issued to an employee or former employee— (I) the details of the waiver, including any renewals of such waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the appli- cable head of the intelligence commu- nity element determined that such rev- ocation is warranted. (b) Covered post-service employment reporting (1) Requirement During the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall— (A) report covered post-service employ- ment to the head of the element of the intel- ligence community that employed such em- ployee in such covered intelligence position upon accepting such covered post-service employment; and (B) annually (or more frequently if the head of such element considers it appro- priate) report covered post-service employ- ment to the head of such element. (2) Period described The period described in this paragraph is the period beginning on the date on which an em- ployee ceases to occupy a covered intelligence position. (3) Regulations The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying a covered intel- ligence position to sign a written agreement requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1). (c) Penalties (1) Criminal penalties A former employee who knowingly and will- fully violates subsection (a) or who knowingly and willfully fails to make a required report under subsection (b) shall be fined under title 18 or imprisoned for not more than 5 years, or both. Each report under subsection (b) shall be subject to section 1001 of title 18. (2) Security clearances The head of an element of the intelligence community shall revoke the security clear- ance of a former employee if the former em- ployee knowingly and willfully fails to make a required report under subsection (b) or know- ingly and willfully makes a false report under such subsection. (d) Provision of information (1) Training The head of each element of the intelligence community shall regularly provide training on the restrictions under subsection (a) and the reporting requirements under subsection (b) to employees of that element who occupy a cov- ered intelligence position. (2) Written notice about reporting require- ments The head of each element of the intelligence community shall provide written notice of the Page 661 TITLE 50—WAR AND NATIONAL DEFENSE § 3073a reporting requirements under subsection (b) to an employee when the employee occupies a covered intelligence position. (3) Written notice about restrictions The head of each element of the intelligence community shall provide written notice of the restrictions under subsection (a) to any person who may be subject to such restrictions on or after December 23, 2022— (A) when the head of the element deter- mines that such person may become subject to such covered intelligence position restric- tions; and (B) when the person occupies a covered in- telligence position. (4) Written advisory opinions Upon request from a current employee who occupies a covered intelligence position or a former employee who previously occupied a covered intelligence position, the applicable head of the element of the intelligence com- munity concerned may provide a written advi- sory opinion to such current or former em- ployee regarding whether a proposed employ- ment, representation, or provision of advice or services constitutes covered post-service em- ployment as defined in subsection (g). (e) Annual reports (1) Requirement Not later than March 31 of each year, the Di- rector of National Intelligence shall submit to the congressional intelligence committees a report on covered post-service employment oc- curring during the year covered by the report. (2) Elements Each report under paragraph (1) shall in- clude the following: (A) The number of former employees who occupy a covered post-service position, bro- ken down by— (i) the name of the employer; (ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and (iii) the nature of the services provided as part of the covered post-service employ- ment. (B) A certification by the Director that— (i) each element of the intelligence com- munity maintains adequate systems and processes for ensuring that former employ- ees are submitting reports required under subsection (b); (ii) to the knowledge of the heads of the elements of the intelligence community, all former employees who occupy a cov- ered post-service position are in compli- ance with this section; (iii) the services provided by former em- ployees who occupy a covered post-service position do not— (I) pose a current or future threat to the national security of the United States; or (II) pose a counterintelligence risk; and (iv) the Director and the heads of such elements are not aware of any credible in- formation or reporting that any former employee who occupies a covered post- service position has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights. (3) Form Each report under paragraph (1) shall be sub- mitted in unclassified form, but may include a classified annex. (f) Notification In addition to the annual reports under sub- section (e), if a head of an element of the intel- ligence community determines that the services provided by a former employee who occupies a covered post-service position pose a threat or risk described in clause (iii) of paragraph (2)(B) of such subsection, or include activities de- scribed in clause (iv) of such paragraph, the head shall notify the congressional intelligence com- mittees of such determination by not later than 7 days after making such determination. The no- tification shall include the following: (1) The name of the former employee. (2) The name of the employer. (3) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employ- ment is being performed. (4) As applicable, a description of— (A) the risk to national security, the coun- terintelligence risk, or both; and (B) the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights. (g) Definitions In this section: (1) Covered intelligence position The term ‘‘covered intelligence position’’ means a position within an element of the in- telligence community that, based on the level of access of a person occupying such position to information regarding sensitive intel- ligence sources or methods or other exception- ally sensitive matters, the head of such ele- ment determines should be subject to the re- quirements of this section. (2) Covered post-service employment The term ‘‘covered post-service employ- ment’’ means direct or indirect employment by, representation of, or any provision of ad- vice or services to the government of a foreign country or any company, entity, or other per- son whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such em- ployment, representation, or provision of ad- vice or services relates to national security, intelligence, the military, or internal secu- rity. (3) Covered post-service position The term ‘‘covered post-service position’’ means a position of employment described in paragraph (2). (4) Designated prohibited foreign country The term ‘‘designated prohibited foreign country’’ means the following: Page 662 TITLE 50—WAR AND NATIONAL DEFENSE § 3073a (A) The People’s Republic of China. (B) The Russian Federation. (C) The Democratic People’s Republic of Korea. (D) The Islamic Republic of Iran. (E) The Republic of Cuba. (F) The Syrian Arab Republic. (5) Employee The term ‘‘employee’’, with respect to an employee occupying a covered intelligence po- sition, includes an officer or official of an ele- ment of the intelligence community, a con- tractor of such an element, a detailee to such an element, or a member of the Armed Forces assigned to such an element. (6) Former employee The term ‘‘former employee’’ means an indi- vidual— (A) who was an employee occupying a cov- ered intelligence position; and (B) who is subject to the requirements under subsection (a) or (b). (7) Government of a foreign country The term ‘‘government of a foreign country’’ has the meaning given the term in section 611(e) of title 22. (July 26, 1947, ch. 343, title III, § 304, as added Pub. L. 113–293, title III, § 305(a), Dec. 19, 2014, 128 Stat. 3995; amended Pub. L. 117–103, div. X, title III, § 308(a)(1), Mar. 15, 2022, 136 Stat. 966; Pub. L. 117–263, div. F, title LXIII, § 6301(a)–(c), Dec. 23, 2022, 136 Stat. 3498–3500; Pub. L. 118–31, div. G, title III, § 7304, Dec. 22, 2023, 137 Stat. 1025; Pub. L. 118–159, div. F, title LXVI, § 6615, Dec. 23, 2024, 138 Stat. 2506.) Editorial Notes PRIOR PROVISIONS A prior section 304 of act July 26, 1947, ch. 343, title III, 61 Stat. 508, was classified to section 171k of former Title 5, Executive Departments and Government Offi- cers and Employees, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632. AMENDMENTS 2024—Subsec. (a)(1)(A). Pub. L. 118–159, § 6615(d)(1), substituted ‘‘paragraph (2)(A)’’ for ‘‘paragraph (2)(A)(i)’’. Subsec. (a)(1)(B). Pub. L. 118–159, § 6615(d)(2), sub- stituted ‘‘paragraph (2)(A)’’ for ‘‘paragraph (2)(A)(ii)’’. Subsec. (a)(2)(A). Pub. L. 118–159, § 6615(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to authority to grant a temporary waiver of re- quirements for certain employment activities by former intelligence officers and employees. Subsec. (a)(2)(B). Pub. L. 118–159, § 6615(a)(2), sub- stituted ‘‘applicable head of the intelligence commu- nity element’’ for ‘‘Director’’. Subsec. (a)(2)(C). Pub. L. 118–159, § 6615(a)(3), sub- stituted ‘‘applicable head of the intelligence commu- nity element’’ for ‘‘Director’’ in two places. Subsec. (a)(2)(E). Pub. L. 118–159, § 6615(a)(4), amended subpar. (E) generally. Prior to amendment, subpar. (E) related to notification to congressional intelligence committees of issuance of a waiver or a revocation of a waiver. Subsec. (d)(4). Pub. L. 118–159, § 6615(b), added par. (4). Subsec. (g)(2). Pub. L. 118–159, § 6615(c), substituted ‘‘to the government of a foreign country or any com- pany, entity, or other person whose activities are di- rectly or indirectly supervised, directed, controlled, fi- nanced, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services re- lates to national security, intelligence, the military, or internal security’’ for ‘‘relating to national security, intelligence, the military, or internal security to, the government of a foreign country or any company, enti- ty, or other person whose activities are directly or indi- rectly supervised, directed, controlled, financed, or sub- sidized, in whole or in major part, by any government of a foreign country’’. 2023—Subsec. (d)(1). Pub. L. 118–31, § 7304(1), which di- rected insertion of ‘‘the restrictions under subsection (a) and’’ before ‘‘the report requirements’’, was exe- cuted by making the insertion before ‘‘the reporting re- quirements’’ to reflect the probable intent of Congress. Subsec. (d)(2). Pub. L. 118–31, § 7304(2), substituted ‘‘occupies’’ for ‘‘ceases to occupy’’. Subsec. (d)(3)(B). Pub. L. 118–31, § 7304(3), substituted ‘‘when the person occupies a covered intelligence posi- tion’’ for ‘‘before the person ceases to occupy a covered intelligence position’’. 2022—Pub. L. 117–103 amended section generally. Prior to amendment, section related to reporting of certain employment activities by former intelligence officers and employees. Subsecs. (a), (b). Pub. L. 117–263, § 6301(a), amended subsecs. (a) and (b) generally. Prior to amendment, sub- secs. (a) and (b) related to temporary restriction and covered post-service employment reporting, respec- tively. Subsec. (d)(2). Pub. L. 117–263, § 6301(c)(2), inserted ‘‘about reporting requirements’’ after ‘‘Written notice’’ in heading. Subsec. (d)(3). Pub. L. 117–263, § 6301(c)(1), added par. (3). Subsec. (g)(4) to (7). Pub. L. 117–263, § 6301(b), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. F, title LXIII, § 6301(e), Dec. 23, 2022, 136 Stat. 3501, provided that: ‘‘Subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], as amended by subsection (a) of this section, shall apply only to persons who occupy a covered intelligence position on or after the date that is 45 days after the date on which new or updated regulations are issued under subsection (d)(2) of this section [section 6301(d)(2) of Pub. L. 117–263, set out in a note below].’’ Pub. L. 117–103, div. X, title III, § 308(a)(2), Mar. 15, 2022, 136 Stat. 970, provided that: ‘‘Such section 304 [50 U.S.C. 3073a], as amended by paragraph (1), shall apply with respect to employees who occupy covered intel- ligence positions (as defined in such section) on or after the date of the enactment of this Act [Mar. 15, 2022].’’ REVISED REGULATIONS Pub. L. 117–263, div. F, title LXIII, § 6301(d), Dec. 23, 2022, 136 Stat. 3500, provided that: ‘‘(1) DEFINITION OF COVERED INTELLIGENCE POSITION.— In this subsection, the term ‘covered intelligence posi- tion’ has the meaning given such term by such section 304 [50 U.S.C. 3073a]. ‘‘(2) SUBMISSION.—Not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence commit- tees new or updated regulations issued to carry out such section 304, as amended by subsections (a), (b), and (c) of this section. ‘‘(3) REQUIREMENTS.—The regulations issued under paragraph (1) shall— ‘‘(A) include provisions that advise personnel of the intelligence community of the appropriate manner in which such personnel may opt out of positions that— ‘‘(i) have been designated as covered intelligence positions before the effective date established in subsection (e) of this section; or Page 663 TITLE 50—WAR AND NATIONAL DEFENSE § 3075 ‘‘(ii) may be designated as covered intelligence provisions before such designation becomes final; and ‘‘(B) establish a period of not fewer than 30 days and not more than 60 days after receipt of the written no- tice required under paragraph (3) of subsection (d) of such section 304 [50 U.S.C. 3073a(d)(3)], as added by subsection (c)(1) of this section, within which such personnel may opt out of a covered intelligence posi- tion and the accompanying obligations imposed by subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], as amended by subsection (a) of this section. ‘‘(4) CERTIFICATION.—Not later than 180 days after the date of the enactment of this Act, the Director of Na- tional Intelligence shall submit to the congressional intelligence committees— ‘‘(A) a written certification for each head of an ele- ment of the intelligence community who has issued new or updated regulations pursuant to paragraph (2); and ‘‘(B) for each head of an element of the intelligence community who has not issued such new or updated regulations, an explanation for the failure to issue such new or updated regulations.’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 6301(d) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.] Pub. L. 117–103, div. X, title III, § 308(a)(3), Mar. 15, 2022, 136 Stat. 970, provided that: ‘‘(A) SUBMISSION.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence commit- tees new or updated regulations issued under such sec- tion 304 [50 U.S.C. 3073a], as amended by paragraph (1). ‘‘(B) CERTIFICATION.—Not later than 180 days after the date of the enactment of this Act, the Director of Na- tional Intelligence shall submit to the congressional intelligence committees— ‘‘(i) a written certification for each head of an ele- ment of the intelligence community who has issued the updated regulations under such section 304, as amended by paragraph (1); and ‘‘(ii) for each head of an element of the intelligence community who has not issued such updated regula- tions, an explanation for the failure to issue such up- dated regulations.’’ [For definitions of ‘‘congressional intelligence com- mittees’’ and ‘‘intelligence community’’ as used in sec- tion 308(a)(3) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.] REGULATIONS AND CERTIFICATION Pub. L. 113–293, title III, § 305(b), Dec. 19, 2014, 128 Stat. 3996, provided that: ‘‘(1) REGULATIONS.—Not later than 90 days after the date of the enactment of this Act [Dec. 19, 2014], the head of each element of the intelligence community shall issue the regulations required under section 304 of the National Security Act of 1947 [50 U.S.C. 3073a], as added by subsection (a) of this section. ‘‘(2) CERTIFICATION.—Not later than 180 days after the date of the enactment of this Act, the Director of Na- tional Intelligence shall submit to the congressional intelligence committees— ‘‘(A) a certification that each head of an element of the intelligence community has prescribed the regu- lations required under section 304 of the National Se- curity Act of 1947, as added by subsection (a) of this section; or ‘‘(B) if the Director is unable to submit the certifi- cation described under subparagraph (A), an expla- nation as to why the Director is unable to submit such certification, including a designation of which heads of an element of the intelligence community have prescribed the regulations required under such section 304 and which have not.’’ [For definitions of terms used in section 305(b) of Pub. L. 113–293, set out above, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of this title.] INITIAL REPORT Pub. L. 117–103, div. X, title III, § 308(a)(4), Mar. 15, 2022, 136 Stat. 970, provided that: ‘‘In the first report submitted by the Director of National Intelligence under subsection (e) of such section 304 [50 U.S.C. 3073a(e)], as amended by paragraph (1), the Director shall include an assessment of the licensing require- ments under the Arms Export Control Act (22 U.S.C. 2751 et seq.) and recommendations with respect to strengthening the activities regulated under such sec- tion 304.’’ § 3074. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V). (July 26, 1947, ch. 343, title III, § 307, 61 Stat. 509; Pub. L. 103–178, title III, § 309, Dec. 3, 1993, 107 Stat. 2036.) 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 to section 411 of this title prior to editorial reclassification and renumbering as this section, and to section 171m of Title 5 prior to the general revision and enactment of Title 5, Govern- ment Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1993—Pub. L. 103–178 inserted exception relating to sections 3023, 3025, 3035, and 3038 of this title and sub- chapters III, IV, and V. § 3075. ‘‘Function’’ and ‘‘Department of Defense’’ defined (a) As used in sections 3002, 3021, 3023, 3025, and 3073 of this title, the term ‘‘function’’ includes functions, powers, and duties. (b) As used in this Act, the term ‘‘Department of Defense’’ shall be deemed to include the mili- tary departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act. (July 26, 1947, ch. 343, title III, § 308, 61 Stat. 509; Aug. 10, 1949, ch. 412, § 12(e), 63 Stat. 591; Pub. L. 116–92, div. E, title LXVII, § 6742(b)(10), Dec. 20, 2019, 133 Stat. 2240.) Editorial Notes REFERENCES IN TEXT Title II of this Act, referred to in subsec. (b), means title II of the National Security Act of 1947, act July 26, 1947, ch. 343, 61 Stat. 499. Section 201(d) of title II, which was formerly classified to section 408 of this title prior to editorial reclassification and renumbering as section 3005 of this title, was repealed by Pub. L. 87–651, § 307,