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50 U.S.C. § 3043b — Annual reports on worldwide threats

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3043b — Annual reports on worldwide threats

Page 636 TITLE 50—WAR AND NATIONAL DEFENSE § 3043a ‘‘(2) The term ‘Executive agency’ has the meaning given that term by section 105 of title 5, United States Code.’’ NATIONAL COMMISSION ON THE FUTURE ROLE OF UNITED STATES NUCLEAR WEAPONS, PROBLEMS OF COMMAND, CONTROL, AND SAFETY OF SOVIET NU- CLEAR WEAPONS, AND REDUCTION OF NUCLEAR WEAP- ONS Pub. L. 102–172, title VIII, § 8132, Nov. 26, 1991, 105 Stat. 1208, provided for establishment of a National Commission which was to submit to Congress, not later than May 1, 1993, a final report containing an assess- ment and recommendations regarding role of, and re- quirements for, nuclear weapons in security strategy of United States as result of significant changes in former Warsaw Pact, former Soviet Union, and Third World, including possibilities for international cooperation with former Soviet Union regarding such problems, and safeguards to protect against accidental or unauthor- ized use of nuclear weapons, further directed Commis- sion to obtain study from National Academy of Sciences on these matters, further authorized estab- lishment of joint working group comprised of experts from governments of United States and former Soviet Union which was to meet on regular basis and provide recommendations regarding these matters, and further provided for composition of Commission as well as pow- ers, procedures, personnel matters, appropriations, and termination of Commission upon submission of its final report. § 3043a. National intelligence strategy (a) In general Beginning in 2017, and once every 4 years thereafter, the Director of National Intelligence shall develop a comprehensive national intel- ligence strategy to meet national security ob- jectives for the following 4-year period, or a longer p

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Page 636 TITLE 50—WAR AND NATIONAL DEFENSE § 3043a ‘‘(2) The term ‘Executive agency’ has the meaning given that term by section 105 of title 5, United States Code.’’ NATIONAL COMMISSION ON THE FUTURE ROLE OF UNITED STATES NUCLEAR WEAPONS, PROBLEMS OF COMMAND, CONTROL, AND SAFETY OF SOVIET NU- CLEAR WEAPONS, AND REDUCTION OF NUCLEAR WEAP- ONS Pub. L. 102–172, title VIII, § 8132, Nov. 26, 1991, 105 Stat. 1208, provided for establishment of a National Commission which was to submit to Congress, not later than May 1, 1993, a final report containing an assess- ment and recommendations regarding role of, and re- quirements for, nuclear weapons in security strategy of United States as result of significant changes in former Warsaw Pact, former Soviet Union, and Third World, including possibilities for international cooperation with former Soviet Union regarding such problems, and safeguards to protect against accidental or unauthor- ized use of nuclear weapons, further directed Commis- sion to obtain study from National Academy of Sciences on these matters, further authorized estab- lishment of joint working group comprised of experts from governments of United States and former Soviet Union which was to meet on regular basis and provide recommendations regarding these matters, and further provided for composition of Commission as well as pow- ers, procedures, personnel matters, appropriations, and termination of Commission upon submission of its final report. § 3043a. National intelligence strategy (a) In general Beginning in 2017, and once every 4 years thereafter, the Director of National Intelligence shall develop a comprehensive national intel- ligence strategy to meet national security ob- jectives for the following 4-year period, or a longer period, if appropriate. (b) Requirements Each national intelligence strategy required by subsection (a) shall— (1) delineate a national intelligence strategy consistent with— (A) the most recent national security strategy report submitted pursuant to sec- tion 3043 of this title; (B) the strategic plans of other relevant departments and agencies of the United States; and (C) other relevant national-level plans; (2) address matters related to national and military intelligence, including counterintel- ligence; (3) identify the major national security mis- sions that the intelligence community is cur- rently pursuing and will pursue in the future to meet the anticipated security environment; (4) describe how the intelligence community will utilize personnel, technology, partner- ships, and other capabilities to pursue the major national security missions identified in paragraph (3); (5) assess current, emerging, and future threats to the intelligence community, includ- ing threats from foreign intelligence and secu- rity services and insider threats; (6) outline the organizational roles and mis- sions of the elements of the intelligence com- munity as part of an integrated enterprise to meet customer demands for intelligence prod- ucts, services, and support; (7) identify sources of strategic, institu- tional, programmatic, fiscal, and techno- logical risk; and (8) analyze factors that may affect the intel- ligence community’s performance in pursuing the major national security missions identi- fied in paragraph (3) during the following 10- year period. (c) Submission to Congress The Director of National Intelligence shall submit to the congressional intelligence com- mittees a report on each national intelligence strategy required by subsection (a) not later than 45 days after the date of the completion of such strategy. (July 26, 1947, ch. 343, title I, § 108A, as added Pub. L. 113–293, title III, § 303(a), Dec. 19, 2014, 128 Stat. 3994.) § 3043b. Annual reports on worldwide threats (a) Definition of appropriate congressional com- mittees In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the congressional intelligence commit- tees; and (2) the Committees on Armed Services of the House of Representatives and the Senate. (b) Annual reports Not later than the first Monday in February 2021, and each year thereafter, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence com- munity, shall submit to the appropriate con- gressional committees a report containing an assessment of the intelligence community with respect to worldwide threats to the national se- curity of the United States. (c) Form Each report under subsection (b) shall be sub- mitted in unclassified form, but may include a classified annex only for the protection of intel- ligence sources and methods relating to the matters contained in the report. (d) Hearings (1) Open hearings Upon request by the appropriate congres- sional committees, the Director (and any other head of an element of the intelligence community determined appropriate by the committees in consultation with the Director) shall testify before such committees in an open setting regarding a report under sub- section (b). (2) Closed hearings Any information that may not be disclosed during an open hearing under paragraph (1) in order to protect intelligence sources and methods may instead be discussed in a closed hearing that immediately follows such open hearing. (July 26, 1947, ch. 343, title I, § 108B, as added Pub. L. 116–260, div. W, title VI, § 617(a), Dec. 27, 2020, 134 Stat. 2400.) Page 637 TITLE 50—WAR AND NATIONAL DEFENSE § 3045 § 3044. Software licensing (a) Requirement for inventories of software li- censes The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intel- ligence Community, shall biennially— (1) conduct an inventory of all existing soft- ware licenses of such element, including uti- lized and unutilized licenses; (2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to in- form investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2). (b) Inventories by the Chief Information Officer of the Intelligence Community The Chief Information Officer of the Intel- ligence Community, based on the inventories and assessments required by subsection (a), shall biennially— (1) compile an inventory of all existing soft- ware licenses of the intelligence community, including utilized and unutilized licenses; (2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procure- ment and usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to in- form investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers ap- propriate. (c) Reports to Congress The Chief Information Officer of the Intel- ligence Community shall submit to the congres- sional intelligence committees a copy of each inventory compiled under subsection (b)(1). (d) Implementation of recommendations Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accord- ance with subsection (b)(3), the Director of Na- tional Intelligence shall, to the extent prac- ticable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations. (July 26, 1947, ch. 343, title I, § 109, as added Pub. L. 113–126, title III, § 307(a), July 7, 2014, 128 Stat. 1396; amended Pub. L. 113–293, title III, § 304, Dec. 19, 2014, 128 Stat. 3995.) Editorial Notes PRIOR PROVISIONS A prior section 3044, act July 26, 1947, ch. 343, title I, § 109, as added Pub. L. 103–178, title III, § 304(a), Dec. 3, 1993, 107 Stat. 2034; amended Pub. L. 104–293, title VIII, § 803(a), (b)(1), Oct. 11, 1996, 110 Stat. 3475, 3476; Pub. L. 106–65, div. A, title X, § 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107–306, title VIII, § 811(b)(1)(B), Nov. 27, 2002, 116 Stat. 2422, related to annual report on intel- ligence, prior to repeal by Pub. L. 111–259, title III, § 347(a), Oct. 7, 2010, 124 Stat. 2698. AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–293, § 304(1), sub- stituted ‘‘usage, including—’’ for ‘‘usage; and’’ in intro- ductory provisions and added subpars. (A) to (D). Subsec. (b)(2). Pub. L. 113–293, § 304(2)(B), substituted ‘‘usage, including—’’ for ‘‘usage.’’ in introductory pro- visions and added subpars. (A) to (D). Subsec. (b)(3). Pub. L. 113–293, § 304(2)(A), (C), added par. (3). Subsec. (d). Pub. L. 113–293, § 304(3), added subsec. (d). Statutory Notes and Related Subsidiaries INITIAL INVENTORY Pub. L. 113–126, title III, § 307(b), July 7, 2014, 128 Stat. 1397, provided that: ‘‘(1) INTELLIGENCE COMMUNITY ELEMENTS.— ‘‘(A) DATE.—Not later than 120 days after the date of the enactment of this Act [July 7, 2014], the chief information officer of each element of the intel- ligence community shall complete the initial inven- tory, assessment, and submission required under sec- tion 109(a) of the National Security Act of 1947 [50 U.S.C. 3044(a)], as added by subsection (a) of this sec- tion. ‘‘(B) BASIS.—The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947 [50 U.S.C. 3044(a)(1)], as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the In- telligence Authorization Act for Fiscal Year 2013 (Public Law 112–277; 126 Stat. 2472) for such element. ‘‘(2) CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.—Not later than 180 days after the date of the enactment of this Act [July 7, 2014], the Chief Infor- mation Officer of the Intelligence Community shall complete the initial compilation and assessment re- quired under section 109(b) of the National Security Act of 1947 [50 U.S.C. 3044(b)], as added by subsection (a).’’ [For definition of ‘‘intelligence community’’ as used in section 307(b) of Pub. L. 113–126, set out above, see section 2 of Pub. L. 113–126, set out as a note under sec- tion 3003 of this title.] § 3045. National mission of National Geospatial- Intelligence Agency (a) In general In addition to the Department of Defense mis- sions set forth in section 442 of title 10, the Na-

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3043b — Prohibition on collection and maintenance of information of United States persons based on first amendment-protected activities

No element of the intelligence community may collect or maintain information concerning a United States person (as defined in [section 3039 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3039&num=0&edition=prelim)) solely for the purpose of monitoring an activity protected by the first amendment to the Constitution of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3044 — Appointment of officials responsible for intelligence-related activities

**(a) Recommendation of DNI in certain appointments** (1) In the event of a vacancy in a position referred to in paragraph (2), the Director of National Intelligence shall recommend to the President an individual for nomination to fill the vacancy. (2) Paragraph (1) applies to the following positions: (A) The Principal Deputy Director of National Intelligence. (B) The Director of the Central Intelligence Agency. **(b) Concurrence of DNI in appointments to positions in the intelligence community** (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall obtain the concurrence of the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. If the Director does not concur in the recommendation, the head of the department or agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the Director does not concur in such a recommendation, the Director and the head of the department or agency concerned may advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be. (2) Paragraph (1) applies to the following positions: (A) The Director of the National Security Agency. (B) The Director of the National Reconnaissance Office. (C) The Director of the National Geospatial-Intelligence Agency. (D) The Assistant Secretary of State for Intelligence and Research. (E) The Director of the Office of Intelligence and Counterintelligence of the Department of Energy. (F) The Assistant Secretary for Intelligence and Analysis of the

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3044 — Software licensing

Page 637 TITLE 50—WAR AND NATIONAL DEFENSE § 3045 § 3044. Software licensing (a) Requirement for inventories of software li- censes The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intel- ligence Community, shall biennially— (1) conduct an inventory of all existing soft- ware licenses of such element, including uti- lized and unutilized licenses; (2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to in- form investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2). (b) Inventories by the Chief Information Officer of the Intelligence Community The Chief Information Officer of the Intel- ligence Community, based on the inventories and assessments required by subsection (a), shall biennially— (1) compile an inventory of all existing soft- ware licenses of the intelligence community, including utilized and unutilized licenses; (2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procure- ment and usage, including— (A) i

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