50 U.S.C. § 3052 — Limitation on establishment or operation

Page 645 TITLE 50—WAR AND NATIONAL DEFENSE § 3052 mit to the congressional intelligence committees a re- port on— ‘‘(1) the intelligence collection efforts of the United States dedicated to assessing the threat from biologi- cal weapons from state, nonstate, or rogue actors, ei- ther foreign or domestic; and ‘‘(2) efforts to protect the biodefense knowledge and infrastructure of the United States. ‘‘(b) CONTENT.—The report required by subsection (a) shall include— ‘‘(1) an assessment of the intelligence collection ef- forts of the United States dedicated to detecting the development or use of biological weapons by state, nonstate, or rogue actors, either foreign or domestic; ‘‘(2) information on fiscal, human, technical, open- source, and other intelligence collection resources of the United States dedicated for use to detect or pro- tect against the threat of biological weapons; ‘‘(3) an assessment of any problems that may re- duce the overall effectiveness of United States intel- ligence collection and analysis to identify and pro- tect biological weapons targets, including— ‘‘(A) intelligence collection gaps or inefficiencies; ‘‘(B) inadequate information sharing practices; or ‘‘(C) inadequate cooperation among departments or agencies of the United States; ‘‘(4) a strategic plan prepared by the Director of Na- tional Intelligence, in coordination with the Attor- ney General, the Secretary of Defense, and the Sec- retary of Homeland Security, that provides for ac- tions for the appropriate elements of the intelligence community to close important intelligence gaps re- lated to biological weapons; ‘‘(5) a description of appropriate goals, schedules, milestones, or metrics to measure the long-term ef- fectiveness of actions implemented to carry out the plan described in paragraph (4); and ‘‘(6) any long-term resource and human capital issues related to the collection of intelligence regard- ing biological weapons, including any recommenda- tions to address shortfalls of experienced and quali- fied staff possessing relevant scientific, language, and technical skills. ‘‘(c) IMPLEMENTATION OF STRATEGIC PLAN.—Not later than 30 days after the date on which the Director of Na- tional Intelligence submits the report required by sub- section (a), the Director shall begin implementation of the strategic plan referred to in subsection (b)(4).’’ [For definitions of terms used in section 335 of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a Definitions note under section 3003 of this title.] DATE FOR FIRST REPORT ON COOPERATION WITH CIVILIAN LAW ENFORCEMENT AGENCIES Pub. L. 105–272, title III, § 307(c), Oct. 20, 1998, 112 Stat. 2402, provided that the first report under former subsec. (a) of this section was to be submitted not later than Dec. 31, 1999. § 3051. Repealed. Pub. L. 111–259, title III, § 347(c), Oct. 7, 2010, 124 Stat. 2698 Section, act July 26, 1947, ch. 343, title I, § 114A, as added Pub. L. 107–306, title VIII, § 823(a), Nov. 27, 2002, 116 Stat. 2427; amended Pub. L. 108–136, div. A, title IX, § 921(g), Nov. 24, 2003, 117 Stat. 1570; Pub. L. 108–458, title I, § 1071(a)(4), Dec. 17, 2004, 118 Stat. 3690, related to an- nual report on improvement of financial statements for auditing purposes. Section was formerly classified to section 404i–1 of this title and repealed prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries CORRECTING LONG-STANDING MATERIAL WEAKNESSES Pub. L. 111–259, title III, § 368, Oct. 7, 2010, 124 Stat. 2705, which provided that senior intelligence manage- ment officials be designated to correct long-standing, correctable material weaknesses of certain intelligence elements, was repealed by Pub. L. 116–92, div. E, title LXVII, § 6726(a), Dec. 20, 2019, 133 Stat. 2236. § 3052. Limitation on establishment or operation of diplomatic intelligence support centers (a) In general (1) A diplomatic intelligence support center may not be established, operated, or maintained without the prior approval of the Director of Na- tional Intelligence. (2) The Director may only approve the estab- lishment, operation, or maintenance of a diplo- matic intelligence support center if the Director determines that the establishment, operation, or maintenance of such center is required to provide necessary intelligence support in fur- therance of the national security interests of the United States. (b) Prohibition of use of appropriations Amounts appropriated pursuant to authoriza- tions by law for intelligence and intelligence-re- lated activities may not be obligated or ex- pended for the establishment, operation, or maintenance of a diplomatic intelligence sup- port center that is not approved by the Director of National Intelligence. (c) Definitions In this section: (1) The term ‘‘diplomatic intelligence sup- port center’’ means an entity to which em- ployees of the various elements of the intel- ligence community (as defined in section 3003(4) of this title) are detailed for the pur- pose of providing analytical intelligence sup- port that— (A) consists of intelligence analyses on military or political matters and expertise to conduct limited assessments and dynamic taskings for a chief of mission; and (B) is not intelligence support tradition- ally provided to a chief of mission by the Di- rector of National Intelligence. (2) The term ‘‘chief of mission’’ has the meaning given that term by section 3902(3) of title 22, and includes ambassadors at large and ministers of diplomatic missions of the United States, or persons appointed to lead United States offices abroad designated by the Sec- retary of State as diplomatic in nature. (d) Termination This section shall cease to be effective on Oc- tober 1, 2000. (July 26, 1947, ch. 343, title I, § 115, as added Pub. L. 106–120, title III, § 303(a), Dec. 3, 1999, 113 Stat. 1610; amended Pub. L. 108–458, title I, § 1071(a)(1)(P)–(R), Dec. 17, 2004, 118 Stat. 3689.) Editorial Notes CODIFICATION Section was formerly classified to section 404j of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(P), substituted ‘‘Director of National Intelligence’’ for ‘‘Di- rector of Central Intelligence’’. Page 646 TITLE 50—WAR AND NATIONAL DEFENSE § 3053 Subsec. (b). Pub. L. 108–458, § 1071(a)(1)(Q), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’. Subsec. (c)(1)(B). Pub. L. 108–458, § 1071(a)(1)(R), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. 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. § 3053. Travel on any common carrier for certain intelligence collection personnel (a) In general Notwithstanding any other provision of law, the Director of National Intelligence may au- thorize travel on any common carrier when such travel, in the discretion of the Director— (1) is consistent with intelligence commu- nity mission requirements, or (2) is required for cover purposes, oper- ational needs, or other exceptional cir- cumstances necessary for the successful per- formance of an intelligence community mis- sion. (b) Authorized delegation of duty The Director of National Intelligence may only delegate the authority granted by this sec- tion to the Principal Deputy Director of Na- tional Intelligence, or with respect to employees of the Central Intelligence Agency, to the Direc- tor of the Central Intelligence Agency, who may delegate such authority to other appropriate of- ficials of the Central Intelligence Agency. (July 26, 1947, ch. 343, title I, § 116, as added Pub. L. 106–567, title III, § 305(a), Dec. 27, 2000, 114 Stat. 2838; amended Pub. L. 108–458, title I, §§ 1071(a)(1)(S), (3)(B), 1072(a)(5), Dec. 17, 2004, 118 Stat. 3689, 3690, 3692; Pub. L. 111–259, title IV, § 424, Oct. 7, 2010, 124 Stat. 2728.) Editorial Notes CODIFICATION Section was formerly classified to section 404k of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–259 substituted ‘‘, who may delegate such authority to other appropriate offi- cials of the Central Intelligence Agency.’’ for the pe- riod. 2004—Subsec. (a). Pub. L. 108–458, § 1071(a)(1)(S), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’ in introductory provisions. Subsec. (b). Pub. L. 108–458, § 1072(a)(5), which directed amendment of subsec. (b) by substituting ‘‘to the Prin- cipal Deputy Director of National Intelligence, or with respect to employees of the Central Intelligence Agen- cy, to the Director of the Central Intelligence Agency’’ for ‘‘to the Deputy Director of Central Intelligence, or with respect to employees of the Central Intelligence Agency, the Director may delegate such authority to the Deputy Director for Operations’’, was executed by making the substitution for ‘‘to the Deputy Director of Central Intelligence, or with respect to employees of the Central Intelligence Agency the Director may dele- gate such authority to the Deputy Director for Oper- ations’’, to reflect the probable intent of Congress. Pub. L. 108–458, § 1071(a)(3)(B), which directed amend- ment of subsec. (b) by substituting ‘‘Director of Na- tional Intelligence’’ for ‘‘Director’’ each place it ap- peared, was executed by making the substitution the first place it appeared to reflect the probable intent of Congress. 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. § 3054. POW/MIA analytic capability (a) Requirement (1) The Director of National Intelligence shall, in consultation with the Secretary of Defense, establish and maintain in the intelligence com- munity an analytic capability with responsi- bility for intelligence in support of the activi- ties of the United States relating to individuals who, after December 31, 1990, are unaccounted for United States personnel. (2) The analytic capability maintained under paragraph (1) shall be known as the ‘‘POW/MIA analytic capability of the intelligence commu- nity’’. (b) Unaccounted for United States personnel In this section, the term ‘‘unaccounted for United States personnel’’ means the following: (1) Any missing person (as that term is de- fined in section 1513(1) of title 10). (2) Any United States national who was killed while engaged in activities on behalf of the United States and whose remains have not been repatriated to the United States. (July 26, 1947, ch. 343, title I, § 117, as added Pub. L. 106–567, title III, § 307(a), Dec. 27, 2000, 114 Stat. 2839; amended Pub. L. 108–458, title I, § 1071(a)(1)(T), Dec. 17, 2004, 118 Stat. 3689.) Editorial Notes CODIFICATION Section was formerly classified to section 404l of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (a)(1). Pub. L. 108–458 substituted ‘‘Di- rector of National Intelligence’’ for ‘‘Director of Cen- tral Intelligence’’. 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-