50 U.S.C. § 3098 — Annual personnel level assessments for

Page 675 TITLE 50—WAR AND NATIONAL DEFENSE § 3098 2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(BB), substituted ‘‘Director of National Intelligence’’ for ‘‘Di- rector of Central Intelligence’’. Subsec. (b)(1). Pub. L. 108–458, § 1072(a)(6), substituted ‘‘Office of the Director of National Intelligence’’ for ‘‘Office of the Deputy Director of Central Intelligence’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–87, title III, § 306(b), Jan. 3, 2012, 125 Stat. 1882, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 3, 2012].’’ 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 Pub. L. 108–177, title III, § 312(c), Dec. 13, 2003, 117 Stat. 2609, provided that: ‘‘The amendments made by subsection (b) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 13, 2003].’’ CONGRESSIONAL FINDINGS Pub. L. 108–177, title III, § 312(a), Dec. 13, 2003, 117 Stat. 2606, provided that: ‘‘Congress makes the fol- lowing findings: ‘‘(1) Funds within the National Foreign Intelligence Program often must be shifted from program to pro- gram and from fiscal year to fiscal year to address funding shortfalls caused by significant increases in the costs of acquisition of major systems by the in- telligence community. ‘‘(2) While some increases in the costs of acquisi- tion of major systems by the intelligence community are unavoidable, the magnitude of growth in the costs of acquisition of many major systems indicates a systemic bias within the intelligence community to underestimate the costs of such acquisition, particu- larly in the preliminary stages of development and production. ‘‘(3) Decisions by Congress to fund the acquisition of major systems by the intelligence community rely significantly upon initial estimates of the afford- ability of acquiring such major systems and occur within a context in which funds can be allocated for a variety of alternative programs. Thus, substantial increases in costs of acquisition of major systems place significant burdens on the availability of funds for other programs and new proposals within the Na- tional Foreign Intelligence Program. ‘‘(4) Independent cost estimates, prepared by inde- pendent offices, have historically represented a more accurate projection of the costs of acquisition of major systems. ‘‘(5) Recognizing the benefits associated with inde- pendent cost estimates for the acquisition of major systems, the Secretary of Defense has built upon the statutory requirement in [former] section 2434 of title 10, United States Code, to develop and consider inde- pendent cost estimates for the acquisition of such systems by mandating the use of such estimates in budget requests of the Department of Defense. ‘‘(6) The mandatory use throughout the intelligence community of independent cost estimates for the ac- quisition of major systems will assist the President and Congress in the development and funding of budg- ets which more accurately reflect the requirements and priorities of the United States Government for intelligence and intelligence-related activities.’’ LIMITATIONS ON MAJOR SYSTEM PROCUREMENT, ACQUISITION, AND DEVELOPMENT Pub. L. 108–177, title III, § 312(d), Dec. 13, 2003, 117 Stat. 2609, provided that: ‘‘(1)(A) For each major system for which funds have been authorized for a fiscal year before fiscal year 2005, or for which funds are sought in the budget of the President for fiscal year 2005, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, and for which no independent cost estimate has been provided to Congress, no contract, or option to contract, for the procurement or acquisition of such major system may be entered into, or option to con- tract be exercised, before the date of the enactment of an Act to authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government. ‘‘(B) Subparagraph (A) shall not affect any contract for procurement or acquisition that was entered into before the date of the enactment of this Act [Dec. 13, 2003]. ‘‘(2) Commencing as of the date of the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, no funds may be obligated or expended for the development or procurement of a major system until the President has complied with the requirements of section 506A of the National Security Act of 1947 (as added by subsection (b)) [50 U.S.C. 3097] with respect to such major system. ‘‘(3) In this subsection, the terms ‘independent cost estimate’ and ‘major system’ have the meaning given such terms in subsection (e) of section 506A of the Na- tional Security Act of 1947 (as so added) [50 U.S.C. 3097(e)].’’ § 3098. Annual personnel level assessments for the intelligence community (a) Requirement to provide The Director of National Intelligence shall, in consultation with the head of each element of the intelligence community, prepare an annual personnel level assessment for such element that assesses the personnel levels for such ele- ment for the fiscal year following the fiscal year in which the assessment is submitted. (b) Schedule Each assessment required by subsection (a) shall be submitted to the congressional intel- ligence committees each year at the time that the President submits to Congress the budget for a fiscal year pursuant to section 1105 of title 31. (c) Contents Each assessment required by subsection (a) submitted during a fiscal year shall contain the following information for the element of the in- telligence community concerned: (1) The budget submission for personnel costs for the upcoming fiscal year. (2) The dollar and percentage increase or de- crease of such costs as compared to the per- sonnel costs of the current fiscal year. (3) The dollar and percentage increase or de- crease of such costs as compared to the per- sonnel costs during the prior 5 fiscal years. (4) The number of full-time equivalent posi- tions that is the basis for which personnel Page 676 TITLE 50—WAR AND NATIONAL DEFENSE § 3099 funds are requested for the upcoming fiscal year. (5) The numerical and percentage increase or decrease of the number referred to in para- graph (4) as compared to the number of full- time equivalent positions of the current fiscal year. (6) The numerical and percentage increase or decrease of the number referred to in para- graph (4) as compared to the number of full- time equivalent positions during the prior 5 fiscal years. (7) The best estimate of the number and costs of core contract personnel to be funded by the element for the upcoming fiscal year. (8) The numerical and percentage increase or decrease of such costs of core contract per- sonnel as compared to the best estimate of the costs of core contract personnel of the current fiscal year. (9) The numerical and percentage increase or decrease of such number and such costs of core contract personnel as compared to the number and cost of core contract personnel during the prior 5 fiscal years. (10) A justification for the requested per- sonnel and core contract personnel levels. (11) The best estimate of the number of in- telligence collectors and analysts employed by each element of the intelligence community. (12) The best estimate of the number of in- telligence collectors and analysts contracted by each element of the intelligence commu- nity and a description of the functions per- formed by such contractors. (13) A statement by the Director of National Intelligence that, based on current and pro- jected funding, the element concerned will have sufficient— (A) internal infrastructure to support the requested personnel and core contract per- sonnel levels; (B) training resources to support the re- quested personnel levels; and (C) funding to support the administrative and operational activities of the requested personnel levels. (July 26, 1947, ch. 343, title V, § 506B, as added Pub. L. 111–259, title III, § 305(a), Oct. 7, 2010, 124 Stat. 2659; amended Pub. L. 113–293, title III, § 327, Dec. 19, 2014, 128 Stat. 4006.) Editorial Notes CODIFICATION Section was formerly classified to section 415a–4 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2014—Subsec. (c)(11). Pub. L. 113–293, § 327(1), struck out ‘‘or contracted’’ after ‘‘employed’’. Subsec. (c)(12), (13). Pub. L. 113–293, § 327(2), (3), added par. (12) and redesignated former par. (12) as (13). Statutory Notes and Related Subsidiaries PERSONNEL INFORMATION NOTIFICATION POLICY BY THE DIRECTOR OF NATIONAL INTELLIGENCE Pub. L. 114–113, div. M, title III, § 308, Dec. 18, 2015, 129 Stat. 2917, provided that: ‘‘(a) DIRECTIVE REQUIRED.—The Director of National Intelligence shall issue a directive containing a written policy for the timely notification to the congressional intelligence committees of the identities of individuals occupying senior level positions within the intelligence community. ‘‘(b) SENIOR LEVEL POSITION.—In identifying positions that are senior level positions in the intelligence com- munity for purposes of the directive required under subsection (a), the Director of National Intelligence shall consider whether a position— ‘‘(1) constitutes the head of an entity or a signifi- cant component within an agency; ‘‘(2) is involved in the management or oversight of matters of significant import to the leadership of an entity of the intelligence community; ‘‘(3) provides significant responsibility on behalf of the intelligence community; ‘‘(4) requires the management of a significant num- ber of personnel or funds; ‘‘(5) requires responsibility management or over- sight of sensitive intelligence activities; and ‘‘(6) is held by an individual designated as a senior intelligence management official as such term is de- fined in section 368(a)(6) of the Intelligence Author- ization Act for Fiscal Year 2010 (Public Law 111–259; 50 U.S.C. 404i–1 [now 50 U.S.C. 3051] note). ‘‘(c) NOTIFICATION.—The Director shall ensure that each notification under the directive issued under sub- section (a) includes each of the following: ‘‘(1) The name of the individual occupying the posi- tion. ‘‘(2) Any previous senior level position held by the individual, if applicable, or the position held by the individual immediately prior to the appointment. ‘‘(3) The position to be occupied by the individual. ‘‘(4) Any other information the Director determines appropriate. ‘‘(d) RELATIONSHIP TO OTHER LAWS.—The directive issued under subsection (a) and any amendment to such directive shall be consistent with the provisions of the National Security Act of 1947 (50 U.S.C. 401 [now 50 U.S.C. 3001] et seq.). ‘‘(e) SUBMISSION.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015], the Di- rector shall submit to the congressional intelligence committees the directive issued under subsection (a).’’ [For definitions of ‘‘congressional intelligence com- mittees’’ and ‘‘intelligence community’’ as used in sec- tion 308 of div. M of Pub. L. 114–113, set out above, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title.] IMPLEMENTATION Pub. L. 111–259, title III, § 305(b), Oct. 7, 2010, 124 Stat. 2661, provided that: ‘‘The first assessment required to be submitted under section 506B(b) of the National Se- curity Act of 1947 [50 U.S.C. 3098(b)], as added by sub- section (a), shall be submitted to the congressional in- telligence committees at the time that the President submits to Congress the budget for fiscal year 2012 pur- suant to section 1105 of title 31, United States Code.’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 305(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.] § 3099. Vulnerability assessments of major sys- tems (a) Initial vulnerability assessments (1)(A) Except as provided in subparagraph (B), the Director of National Intelligence shall con- duct and submit to the congressional intel- ligence committees an initial vulnerability as- sessment for each major system and its signifi- cant items of supply— (i) except as provided in clause (ii), prior to the completion of Milestone B or an equiva- lent acquisition decision for the major system; or