50 U.S.C. § 3043 — Annual national security strategy report

Page 634 TITLE 50—WAR AND NATIONAL DEFENSE § 3042 POSITION OF IMPORTANCE AND RESPONSIBILITY Pub. L. 113–126, title IV, § 411(b), July 7, 2014, 128 Stat. 1409, provided that: ‘‘(1) IN GENERAL.—The President may designate the Director of the National Reconnaissance Office as a po- sition of importance and responsibility under section 601 of title 10, United States Code. ‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall take effect on the date of the enactment of this Act [July 7, 2014].’’ § 3042. Repealed. Pub. L. 116–92, div. E, title LXVII, § 6742(b)(3), Dec. 20, 2019, 133 Stat. 2240 Section, act July 26, 1947, ch. 343, title I, § 107, for- merly § 103, 61 Stat. 499; Sept. 3, 1954, ch. 1263, § 50, 68 Stat. 1244; renumbered § 107, Pub. L. 102–496, title VII, § 705(a)(2), Oct. 24, 1992, 106 Stat. 3190, related to emer- gency preparedness functions of the Director of the Of- fice of Defense Mobilization. § 3043. Annual national security strategy report (a) Transmittal to Congress (1) The President shall transmit to Congress each year a comprehensive report on the na- tional security strategy of the United States (hereinafter in this section referred to as a ‘‘na- tional security strategy report’’). (2) The national security strategy report for any year shall be transmitted on the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31. (3) Not later than 150 days after the date on which a new President takes office, the Presi- dent shall transmit to Congress a national secu- rity strategy report under this section. That re- port shall be in addition to the report for that year transmitted at the time specified in para- graph (2). (b) Contents Each national security strategy report shall set forth the national security strategy of the United States and shall include a comprehensive description and discussion of the following: (1) The worldwide interests, goals, and objec- tives of the United States that are vital to the national security of the United States. (2) The foreign policy, worldwide commit- ments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strat- egy of the United States. (3) The proposed short-term and long-term uses of the political, economic, military, and other elements of the national power of the United States to protect or promote the inter- ests and achieve the goals and objectives re- ferred to in paragraph (1). (4) The adequacy of the capabilities of the United States to carry out the national secu- rity strategy of the United States, including an evaluation of the balance among the capa- bilities of all elements of the national power of the United States to support the implemen- tation of the national security strategy. (5) Such other information as may be nec- essary to help inform Congress on matters re- lating to the national security strategy of the United States. (c) Classified and unclassified form Each national security strategy report shall be transmitted to Congress in classified form, but may include an unclassified summary. (July 26, 1947, ch. 343, title I, § 108, formerly § 104, as added Pub. L. 99–433, title VI, § 603(a)(1), Oct. 1, 1986, 100 Stat. 1074; renumbered § 108, Pub. L. 102–496, title VII, § 705(a)(2), Oct. 24, 1992, 106 Stat. 3190; amended Pub. L. 106–65, div. A, title IX, § 901(b), Oct. 5, 1999, 113 Stat. 717; Pub. L. 114–328, div. A, title IX, § 944, Dec. 23, 2016, 130 Stat. 2371; Pub. L. 116–92, div. E, title LXVII, § 6742(b)(4), Dec. 20, 2019, 133 Stat. 2240.) Editorial Notes CODIFICATION Section was formerly classified to section 404a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2019—Subsec. (c). Pub. L. 116–92 substituted ‘‘to Con- gress in classified form, but may include an unclassi- fied summary’’ for ‘‘in both a classified and an unclas- sified form’’. 2016—Subsec. (c). Pub. L. 114–328, which directed sub- stitution of ‘‘to Congress in classified form, but may in- clude an unclassified summary’’ for ‘‘in both a classi- fied form and an unclassified form’’, could not be exe- cuted because the words ‘‘in both a classified form and an unclassified form’’ did not appear in text. 1999—Subsec. (a)(3). Pub. L. 106–65 added par. (3). Statutory Notes and Related Subsidiaries NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO AL-QAEDA AND ITS VIOLENT EX- TREMIST AFFILIATES Pub. L. 112–81, div. A, title X, § 1032, Dec. 31, 2011, 125 Stat. 1571, as amended by Pub. L. 113–291, div. A, title XII, § 1262, Dec. 19, 2014, 128 Stat. 3580, provided that: ‘‘(a) PURPOSE.—The purpose of this section is to im- prove interagency strategic planning and execution to more effectively integrate efforts to deny safe havens and strengthen at-risk states to further the goals of the National Security Strategy related to the disruption, dismantlement, and defeat of al-Qaeda and its violent extremist affiliates. ‘‘(b) NATIONAL SECURITY PLANNING GUIDANCE.— ‘‘(1) GUIDANCE REQUIRED.—The President shall issue classified or unclassified national security planning guidance in support of objectives stated in the na- tional security strategy report submitted to Congress by the President pursuant to section 108 of the Na- tional Security Act of 1947 (50 U.S.C. 404a) [now 50 U.S.C. 3043] to deny safe havens to al-Qaeda and its violent extremist affiliates and to strengthen at-risk states. Such guidance shall serve as the strategic plan that governs United States and coordinated international efforts to enhance the capacity of gov- ernmental and nongovernmental entities to work to- ward the goal of eliminating the ability of al-Qaeda and its violent extremist affiliates to establish or maintain safe havens. ‘‘(2) CONTENTS OF GUIDANCE.—The guidance required under paragraph (1) shall include each of the fol- lowing: ‘‘(A) A prioritized list of specified geographic areas that the President determines are necessary to address and an explicit discussion and list of the criteria or rationale used to prioritize the areas on the list, including a discussion of the conditions that would hamper the ability of the United States to strengthen at-risk states or other entities in such areas. Page 635 TITLE 50—WAR AND NATIONAL DEFENSE § 3043 ‘‘(B) For each specified geographic area, a de- scription, analysis, and discussion of the core prob- lems and contributing issues that allow or could allow al-Qaeda and its violent extremist affiliates to use the area as a safe haven from which to plan and launch attacks, engage in propaganda, or raise funds and other support, including any ongoing or potential radicalization of the population, or to use the area as a key transit route for personnel, weap- ons, funding, or other support. ‘‘(C) For each specified geographic area, a descrip- tion of the following: ‘‘(i) The feasibility of conducting multilateral programs to train and equip the military forces of relevant countries in the area. ‘‘(ii) The authority and funding that would be required to support such programs. ‘‘(iii) How such programs would be imple- mented. ‘‘(iv) How such programs would support the na- tional security priorities and interests of the United States and complement other efforts of the United States Government in the area and in other specified geographic areas. ‘‘(D) A list of short-term, mid-term, and long- term goals for each specified geographic area, prioritized by importance. ‘‘(E) A description of the role and mission of each Federal department and agency involved in exe- cuting the guidance, including the Departments of Defense, Justice, Treasury, and State and the Agen- cy for International Development. ‘‘(F) A description of gaps in United States capa- bilities to meet the goals listed pursuant to sub- paragraph (D), and the extent to which those gaps can be met through coordination with nongovern- mental, international, or private sector organiza- tions, entities, or companies. ‘‘(3) REVIEW AND UPDATE OF GUIDANCE.—The Presi- dent shall review and update the guidance required under paragraph (1) as necessary. Any such review shall address each of the following: ‘‘(A) The overall progress made toward achieving the goals listed pursuant to paragraph (2)(D), in- cluding an overall assessment of the progress in de- nying a safe haven to al-Qaeda and its violent ex- tremist affiliates. ‘‘(B) The performance of each Federal department and agency involved in executing the guidance. ‘‘(C) The performance of the unified country team and appropriate combatant command, or in the case of a cross-border effort, country teams in the area and the appropriate combatant command. ‘‘(D) Any addition to, deletion from, or change in the order of the prioritized list maintained pursu- ant to paragraph (2)(A). ‘‘(4) REPORT.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Au- thorization Act for Fiscal Year 2015 [Dec. 19, 2014], the President shall submit to the appropriate con- gressional committees a report that contains a de- tailed summary of the national security planning guidance required under paragraph (1), including any updates thereto. ‘‘(B) FORM.—The report may include a classified annex as determined to be necessary by the Presi- dent. ‘‘(C) DEFINITION.—In this paragraph, the term ‘ap- propriate congressional committees’ means— ‘‘(i) the congressional defense committees [Committees on Armed Services and Appropria- tions of the Senate and the House of Representa- tives]; and ‘‘(ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ‘‘(5) SPECIFIED GEOGRAPHIC AREA DEFINED.—In this subsection, the term ‘specified geographic area’ means any country, subnational territory, or re- gion— ‘‘(A) that serves or may potentially serve as a safe haven for al-Qaeda or a violent extremist affil- iate of al-Qaeda— ‘‘(i) from which to plan and launch attacks, en- gage in propaganda, or raise funds and other sup- port; or ‘‘(ii) for use as a key transit route for per- sonnel, weapons, funding, or other support; and ‘‘(B) over which one or more governments or enti- ties exert insufficient governmental or security control to deny al-Qaeda and its violent extremist affiliates the ability to establish a large scale pres- ence.’’ IMPLEMENTATION PLAN FOR WHOLE-OF-GOVERNMENT VI- SION PRESCRIBED IN THE NATIONAL SECURITY STRAT- EGY Pub. L. 112–81, div. A, title X, § 1072, Dec. 31, 2011, 125 Stat. 1592, as amended by Pub. L. 114–92, div. A, title X, § 1076(d), Nov. 25, 2015, 129 Stat. 998, provided that: ‘‘(a) IMPLEMENTATION PLAN.—Not later than 270 days after the date of the enactment of this Act [Dec. 31, 2011], the President shall submit to the appropriate congressional committees an implementation plan for achieving the whole-of-government integration vision prescribed in the President’s National Security Strat- egy of May 2010. The implementation plan shall in- clude— ‘‘(1) a description of ongoing and future actions planned to be taken by the President and the Execu- tive agencies to implement organizational changes, programs, and any other efforts to achieve each com- ponent of the whole-of-government vision prescribed in the National Security Strategy; ‘‘(2) a timeline for specific actions taken and planned to be taken by the President and the Execu- tive agencies to implement each component of the whole-of-government vision prescribed in the Na- tional Security Strategy; ‘‘(3) an outline of specific actions desired or re- quired to be taken by Congress to achieve each com- ponent of the whole-of-government vision prescribed in the National Security Strategy, including sug- gested timing and sequencing of actions proposed for Congress and the Executive agencies; ‘‘(4) any progress made and challenges or obstacles encountered since May 2010 in implementing each component of the whole-of-government vision pre- scribed in the National Security Strategy; and ‘‘(5) such other information as the President deter- mines is necessary to understand progress in imple- menting each component of the whole-of-government vision prescribed in the National Security Strategy. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate congressional commit- tees’ means— ‘‘(A) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; ‘‘(B) the Committee on Foreign Relations, Select Committee on Intelligence, Committee on Home- land Security and Government Affairs, Committee on the Budget, Committee on the Judiciary, and Committee on Appropriations in the Senate; and ‘‘(C) the Committee on Foreign Affairs, Perma- nent Select Committee on Intelligence, Committee on Homeland Security, Committee on the Budget, Committee on the Judiciary, Committee on Over- sight and Government Reform [now Committee on Oversight and Accountability], and Committee on Appropriations in the House of Representatives. 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.)