50 U.S.C. § 3037 — Deputy Director of the Central Intel-

Page 626 TITLE 50—WAR AND NATIONAL DEFENSE § 3037 Bush, led an international coalition into Afghanistan to dismantle al Qaeda, deny them a safe haven in Af- ghanistan and ungoverned areas along the Pakistani border, and bring Osama bin Laden to justice. ‘‘(6) President Barack Obama in 2009 committed ad- ditional forces and resources to efforts in Afghani- stan and Pakistan as ‘the central front in our endur- ing struggle against terrorism and extremism’. ‘‘(7) The valiant members of the United States Armed Forces have courageously and vigorously pur- sued al Qaeda and its affiliates in Afghanistan and around the world. ‘‘(8) The anonymous, unsung heroes of the intel- ligence community have pursued al Qaeda and affili- ates in Afghanistan, Pakistan, and around the world with tremendous dedication, sacrifice, and profes- sionalism. ‘‘(9) The close collaboration between the Armed Forces and the intelligence community prompted the Director of National Intelligence, General James Clapper, to state, ‘Never have I seen a more remark- able example of focused integration, seamless col- laboration, and sheer professional magnificence as was demonstrated by the Intelligence Community in the ultimate demise of Osama bin Laden.’. ‘‘(10) While the death of Osama bin Laden rep- resents a significant blow to the al Qaeda organiza- tion and its affiliates and to terrorist organizations around the world, terrorism remains a critical threat to United States national security. ‘‘(11) President Obama said, ‘For over two decades, bin Laden has been al Qaeda’s leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our Nation’s effort to defeat al Qaeda.’. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the raid that killed Osama bin Laden dem- onstrated the best of the intelligence community’s capabilities and teamwork; ‘‘(2) for years to come, Americans will look back at this event as a defining point in the history of the United States; ‘‘(3) it is vitally important that the United States memorialize all the events that led to the raid so that future generations will have an official record of the events that transpired before, during, and as a re- sult of the operation; and ‘‘(4) preserving this history now will allow the United States to have an accurate account of the events while those that participated in the events are still serving in the Government. ‘‘(c) REPORT ON THE OPERATION THAT KILLED OSAMA BIN LADEN.—Not later than 90 days after the comple- tion of the report being prepared by the Center for the Study of Intelligence that documents the history of and lessons learned from the raid that resulted in the death of Osama bin Laden, the Director of the Central Intelligence Agency shall submit such report to the congressional intelligence committees. ‘‘(d) PRESERVATION OF RECORDS.—The Director of the Central Intelligence Agency shall preserve any records, including intelligence information and assessments, used to generate the report described in subsection (c).’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 414 of Pub. L. 112–87, set out above, see section 2 of Pub. L. 112–87, set out as a note under section 3003 of this title.] ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN THE PROLIFERATION OF WEAPONS OF MASS DESTRUC- TION THAT RAISE FUNDS IN THE UNITED STATES CAP- ITAL MARKETS Pub. L. 107–306, title VIII, § 827, Nov. 27, 2002, 116 Stat. 2430, required Director of Central Intelligence to sub- mit annual report on foreign companies involved in the proliferation of weapons of mass destruction that raised or attempted to raise funds in the United States capital markets, prior to repeal by Pub. L. 108–177, title III, § 361(e), Dec. 13, 2003, 117 Stat. 2625. Executive Documents EXECUTIVE ORDER NO. 13355 Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, which related to strengthened management of the Intel- ligence Community, was revoked by Ex. Ord. No. 12333, § 3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, § 4(j), July 30, 2008, 73 F.R. 45341, set out as a note under section 3001 of this title. § 3037. Deputy Director of the Central Intel- ligence Agency (a) Deputy Director of the Central Intelligence Agency There is a Deputy Director of the Central In- telligence Agency who shall be appointed by the President. (b) Duties The Deputy Director of the Central Intel- ligence Agency shall— (1) assist the Director of the Central Intel- ligence Agency in carrying out the duties and responsibilities of the Director of the Central Intelligence Agency; and (2) during the absence or disability of the Di- rector of the Central Intelligence Agency, or during a vacancy in the position of Director of the Central Intelligence Agency, act for and exercise the powers of the Director of the Cen- tral Intelligence Agency. (July 26, 1947, ch. 343, title I, § 104B, as added Pub. L. 111–259, title IV, § 423(a), Oct. 7, 2010, 124 Stat. 2727.) Editorial Notes CODIFICATION Section was formerly classified to section 403–4c of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–259, title IV, § 423(c), Oct. 7, 2010, 124 Stat. 2728, provided that: ‘‘The amendments made by this section [enacting this section and amending section 5314 of Title 5, Government Organization and Employ- ees] shall apply on the earlier of— ‘‘(1) the date of the appointment by the President of an individual to serve as Deputy Director of the Cen- tral Intelligence Agency pursuant to section 104B of the National Security Act of 1947 [50 U.S.C. 3037], as added by subsection (a), except that the individual administratively performing the duties of the Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act [Oct. 7, 2010] may continue to perform such duties until the individual appointed to the position of Deputy Director of the Central Intelligence Agency assumes the duties of such position; or ‘‘(2) the date of the cessation of the performance of the duties of the Deputy Director of the Central In- telligence Agency by the individual administratively performing such duties as of the date of the enact- ment of this Act.’’ Page 627 TITLE 50—WAR AND NATIONAL DEFENSE § 3038 § 3038. Responsibilities of Secretary of Defense pertaining to National Intelligence Program (a) In general Consistent with sections 3023 and 3024 of this title, the Secretary of Defense, in consultation with the Director of National Intelligence, shall— (1) ensure that the budgets of the elements of the intelligence community within the De- partment of Defense are adequate to satisfy the overall intelligence needs of the Depart- ment of Defense, including the needs of the Chairman of the Joint Chiefs of Staff and the commanders of the unified and specified com- mands and, wherever such elements are per- forming governmentwide functions, the needs of other departments and agencies; (2) ensure appropriate implementation of the policies and resource decisions of the Director by elements of the Department of Defense within the National Intelligence Program; (3) ensure that the tactical intelligence ac- tivities of the Department of Defense com- plement and are compatible with intelligence activities under the National Intelligence Pro- gram; (4) ensure that the elements of the intel- ligence community within the Department of Defense are responsive and timely with re- spect to satisfying the needs of operational military forces; (5) eliminate waste and unnecessary duplica- tion among the intelligence activities of the Department of Defense; and (6) ensure that intelligence activities of the Department of Defense are conducted jointly where appropriate. (b) Responsibility for performance of specific functions Consistent with sections 3023 and 3024 of this title, the Secretary of Defense shall ensure— (1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the contin- ued operation of an effective unified organiza- tion for the conduct of signals intelligence ac- tivities and shall ensure that the product is disseminated in a timely manner to author- ized recipients; (2) through the National Geospatial-Intel- ligence Agency (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the contin- ued operation of an effective unified organiza- tion within the Department of Defense— (A) for carrying out tasking of imagery collection; (B) for the coordination of imagery proc- essing and exploitation activities; (C) for ensuring the dissemination of im- agery in a timely manner to authorized re- cipients; and (D) notwithstanding any other provision of law, for— (i) prescribing technical architecture and standards related to imagery intelligence and geospatial information and ensuring compliance with such architecture and standards; and (ii) developing and fielding systems of common concern related to imagery intel- ligence and geospatial information; (3) through the National Reconnaissance Of- fice (except as otherwise directed by the Presi- dent or the National Security Council), the continued operation of an effective unified or- ganization for the research and development, acquisition, and operation of overhead recon- naissance systems necessary to satisfy the re- quirements of all elements of the intelligence community; (4) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), the contin- ued operation of an effective unified system within the Department of Defense for the pro- duction of timely, objective military and mili- tary-related intelligence, based upon all sources available to the intelligence commu- nity, and shall ensure the appropriate dissemi- nation of such intelligence to authorized re- cipients; (5) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), effective management of Department of Defense human intelligence and counterintelligence activi- ties, including defense attaches; and (6) that the military departments maintain sufficient capabilities to collect and produce intelligence to meet— (A) the requirements of the Director of Na- tional Intelligence; (B) the requirements of the Secretary of Defense or the Chairman of the Joint Chiefs of Staff; (C) the requirements of the unified and specified combatant commands and of joint operations; and (D) the specialized requirements of the military departments for intelligence nec- essary to support tactical commanders, mili- tary planners, the research and development process, the acquisition of military equip- ment, and training and doctrine. (c) Expenditure of funds by the Defense Intel- ligence Agency (1) Subject to paragraphs (2) and (3), the Direc- tor of the Defense Intelligence Agency may ex- pend amounts made available to the Director under the National Intelligence Program for human intelligence and counterintelligence ac- tivities for objects of a confidential, extraor- dinary, or emergency nature, without regard to the provisions of law or regulation relating to the expenditure of Government funds. (2) The Director of the Defense Intelligence Agency may not expend more than five percent of the amounts made available to the Director under the National Intelligence Program for human intelligence and counterintelligence ac- tivities for a fiscal year for objects of a con- fidential, extraordinary, or emergency nature in accordance with paragraph (1) during such fiscal year unless— (A) the Director notifies the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Com- mittee on Armed Services of the House of Rep-