50 U.S.C. § 3050 — Annual report on hiring and retention of

Page 643 TITLE 50—WAR AND NATIONAL DEFENSE § 3050 Subsec. (a)(1). Pub. L. 118–31, § 7311(a)(2)(B), inserted ‘‘or in banking or financial services (including exper- tise relating to critical financial infrastructure oper- ations, capital markets, banking compliance programs, or international investments)’’ after ‘‘or mathematics’’ in introductory provisions. Subsec. (a)(2), (3). Pub. L. 118–31, § 7311(a)(2)(C), (D), added par. (2) and redesignated former par. (2) as (3). Subsec. (e). Pub. L. 118–31, § 7311(a)(3), substituted ‘‘an element’’ for ‘‘the element’’. 2022—Subsec. (b)(1)(A). Pub. L. 117–263, § 6824(a)(2)(A), substituted ‘‘Under Secretary of Defense for Intel- ligence and Security’’ for ‘‘Under Secretary of Defense for Intelligence’’. Subsec. (b)(4). Pub. L. 117–263, § 7143(d)(6), which di- rected substitution of ‘‘section 658 of title 6’’ for ‘‘226 of the Homeland Security Act of 2002 (6 U.S.C. 147)’’, could not be executed because of the substantially identical amendment made by Pub. L. 117–263, § 6824(a)(2)(B). See below. Pub. L. 117–263, § 6824(a)(2)(B), substituted ‘‘section 658 of title 6’’ for ‘‘section 226 of the Homeland Security Act of 2002 (6 U.S.C. 147)’’. 2019—Subsec. (a). Pub. L. 116–92, § 6303(1), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Notwithstanding part III of title 5, the head of each element of the intelligence community may es- tablish higher minimum rates of pay for 1 or more cat- egories of positions in such element that require exper- tise in science, technology, engineering, or mathe- matics (STEM).’’ Subsec. (b). Pub. L. 116–92, § 6303(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 116–92, § 6303(2), (4), redesignated subsec. (b) as (c) and substituted ‘‘Except as provided in subsection (b), a minimum’’ for ‘‘A minimum’’. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 116–92, § 6303(2), (5), redesignated subsec. (c) as (d) and inserted ‘‘or (b)’’ after ‘‘by sub- section (a)’’ in introductory provisions. Former subsec. (d) redesignated (e). Subsecs. (e), (f). Pub. L. 116–92, § 6303(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 116–92, § 6303(2), redesignated sub- sec. (f) as (g). Subsec. (g)(1). Pub. L. 116–92, § 6303(6)(A), substituted ‘‘Not later than 90 days after the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019’’ for ‘‘Not later than 90 days after May 5, 2017’’. Subsec. (g)(2)(A). Pub. L. 116–92, § 6303(6)(B), inserted ‘‘or (b)’’ after ‘‘subsection (a)’’. § 3049b. Enabling intelligence community inte- gration (a) Provision of goods or services Subject to and in accordance with any guid- ance and requirements developed by the Direc- tor of National Intelligence, the head of an ele- ment of the intelligence community may pro- vide goods or services to another element of the intelligence community without reimbursement or transfer of funds for hoteling initiatives for intelligence community employees and affiliates defined in any such guidance and requirements issued by the Director of National Intelligence. (b) Approval Prior to the provision of goods or services pur- suant to subsection (a), the head of the element of the intelligence community providing such goods or services and the head of the element of the intelligence community receiving such goods or services shall approve such provision. (c) Hoteling defined In this section, the term ‘‘hoteling’’ means an alternative work arrangement in which employ- ees of one element of the intelligence commu- nity are authorized flexible work arrangements to work part of the time at one or more alter- native worksite locations, as appropriately au- thorized. (July 26, 1947, ch. 343, title I, § 113C, as added Pub. L. 118–159, div. F, title LXVI, § 6611(a), Dec. 23, 2024, 138 Stat. 2503.) § 3050. Annual report on hiring and retention of minority employees (a) In general The Director of National Intelligence shall, on an annual basis, submit to Congress a report on the employment of covered persons within each element of the intelligence community for the preceding fiscal year and the preceding 5 fiscal years. (b) Content Each such report shall include data, disaggregated by category of covered person and by element of the intelligence community, on the following: (1) Of all individuals employed in the ele- ment during the fiscal year involved, the ag- gregate percentage of such individuals who are covered persons. (2) Of all individuals employed in the ele- ment during the fiscal year involved at the levels referred to in subparagraphs (A) and (B), the percentage of covered persons employed at such levels: (A) Positions at levels 1 through 15 of the General Schedule. (B) Positions at levels above GS–15. (3) Of all individuals hired by the element in- volved during the fiscal year involved, the per- centage of such individuals who are covered persons. (c) Form Each such report shall be submitted in unclas- sified form, but may contain a classified annex. (d) Construction Nothing in this section shall be construed as providing for the substitution of any similar re- port required under another provision of law. (e) ‘‘Covered persons’’ defined In this section the term ‘‘covered persons’’ means— (1) racial and ethnic minorities; (2) women; and (3) individuals with disabilities. (July 26, 1947, ch. 343, title I, § 114, as added Pub. L. 105–272, title III, § 307(a), Oct. 20, 1998, 112 Stat. 2401; amended Pub. L. 107–306, title III, §§ 324, 353(b)(6), title VIII, §§ 811(b)(1)(D), 821, 822, Nov. 27, 2002, 116 Stat. 2393, 2402, 2422, 2426, 2427; Pub. L. 108–177, title III, § 361(c), (d), Dec. 13, 2003, 117 Stat. 2625; Pub. L. 108–458, title I, § 1071(a)(1)(N), (O), (3)(A), (7), Dec. 17, 2004, 118 Stat. 3689, 3690; Pub. L. 112–277, title III, § 310(a)(2), Jan. 14, 2013, 126 Stat. 2474; Pub. L. 113–126, title III, § 329(a)(1), (c)(2), July 7, 2014, 128 Stat. 1405, 1406; Pub. L. 116–92, div. E, title LVII, § 5704(a), Dec. 20, 2019, 133 Stat. 2162.) Page 644 TITLE 50—WAR AND NATIONAL DEFENSE § 3050 Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (b)(2), is set out under section 5332 of Title 5, Government Orga- nization and Employees. CODIFICATION Section was formerly classified to section 404i of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92, § 5704(a)(1), inserted ‘‘and the preceding 5 fiscal years’’ after ‘‘fiscal year’’. Subsec. (b). Pub. L. 116–92, § 5704(a)(2), substituted ‘‘data, disaggregated by category of covered person and by element of the intelligence community,’’ for ‘‘disaggregated data by category of covered person from each element of the intelligence community’’ in intro- ductory provisions. 2014—Pub. L. 113–126, § 329(c)(2)(A), substituted ‘‘An- nual report on hiring and retention of minority em- ployees’’ for ‘‘Additional annual reports from the Di- rector of National Intelligence’’ in section catchline. Subsec. (a). Pub. L. 113–126, § 329(c)(2)(B), (C), struck out subsec. (a) designation and heading ‘‘Annual report on hiring and retention of minority employees’’ and re- designated par. (1) as subsec. (a). Former pars. (2) to (5) redesignated subsecs. (b) to (e), respectively. Subsec. (b). Pub. L. 113–126, § 329(c)(2)(C), (D), redesig- nated subsec. (a)(2) as (b), redesignated subpars. (A) to (C) of former subsec. (a)(2) as pars. (1) to (3), respec- tively, of subsec. (b), and in par. (2) as redesignated, substituted ‘‘subparagraphs (A) and (B)’’ for ‘‘clauses (i) and (ii)’’ in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively. Pub. L. 113–126, § 329(a)(1), struck out subsec. (b) which related to annual report on threat of attack on the United States using weapons of mass destruction. Subsec. (c). Pub. L. 113–126, § 329(c)(2)(C), redesignated subsec. (a)(3) as (c). Subsec. (d). Pub. L. 113–126, § 329(c)(2)(C), (E), redesig- nated subsec. (a)(4) as (d) and substituted ‘‘section’’ for ‘‘subsection’’. Subsec. (e). Pub. L. 113–126, § 329(c)(2)(C), (F), redesig- nated subsec. (a)(5) as (e), substituted ‘‘section’’ for ‘‘subsection,’’ in introductory provisions, and redesig- nated subpars. (A) to (C) of former subsec. (a)(5) as pars. (1) to (3), respectively, of subsec. (e). 2013—Pub. L. 112–277 redesignated subsecs. (b) and (c) as (a) and (b), respectively, struck out former subsec. (a) which required annual reports on the safety and se- curity of Russian nuclear facilities and nuclear mili- tary forces, and struck out subsec. (d) which defined the term ‘‘congressional leadership’’. 2004—Pub. L. 108–458, § 1071(a)(7), substituted ‘‘Addi- tional annual reports from the Director of National In- telligence’’ for ‘‘Additional annual reports from the Di- rector of Central Intelligence’’ in section catchline. Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(N), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. Subsec. (b)(1). Pub. L. 108–458, § 1071(a)(1)(O), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. Subsec. (c)(1). Pub. L. 108–458, § 1071(a)(3)(A), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor’’. 2003—Subsec. (a). Pub. L. 108–177, § 361(c), redesignated subsec. (b) as (a) and struck out former subsec. (a), which related to annual reports on intelligence commu- nity cooperation with Federal law enforcement agen- cies. Subsecs. (b), (c). Pub. L. 108–177, § 361(c)(2), redesig- nated subsecs. (c) and (d) as (b) and (c), respectively. Former subsec. (b) redesignated (a). Subsec. (d). Pub. L. 108–177, § 361(d), redesignated sub- sec. (e) as (d) and struck out former subsec. (d), which related to annual reports on covert leases of the intel- ligence community. Pub. L. 108–177, § 361(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 108–177, § 361(d)(2), redesignated subsec. (e) as (d). Pub. L. 108–177, § 361(c)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 108–177, § 361(c)(2), redesignated subsec. (f) as (e). 2002—Subsec. (a)(1). Pub. L. 107–306, § 811(b)(1)(D)(i)(I), struck out ‘‘the congressional intelligence committees and’’ before ‘‘the congressional leadership’’. Subsec. (a)(2) to (4). Pub. L. 107–306, § 811(b)(1)(D)(i)(II), (III), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (b)(1). Pub. L. 107–306, § 811(b)(1)(D)(ii), sub- stituted ‘‘submit to the congressional leadership on an annual basis, and to the congressional intelligence committees on the date each year provided in section 415b of this title,’’ for ‘‘, on an annual basis, submit to the congressional intelligence committees and the con- gressional leadership’’. Subsec. (c). Pub. L. 107–306, § 324(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 107–306, § 821(2), added subsec. (d). Former subsec. (d) redesignated (e). Pub. L. 107–306, § 353(b)(6), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: ‘‘In this section: ‘‘(1) The term ‘congressional intelligence commit- tees’ means the Permanent Select Committee on In- telligence of the House of Representatives and the Se- lect Committee on Intelligence of the Senate. ‘‘(2) The term ‘congressional leadership’ means the Speaker and the minority leader of the House of Rep- resentatives and the majority leader and the minor- ity leader of the Senate.’’ Pub. L. 107–306, § 324(1), redesignated subsec. (c) as (d). Subsec (e). Pub. L. 107–306, § 822(2), added subsec. (e). Former subsec. (e) redesignated (f). Pub. L. 107–306, § 821(1), redesignated subsec. (d) as (e). Subsec. (f). Pub. L. 107–306, § 822(1), redesignated sub- sec. (e) as (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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 OF 2003 AMENDMENT Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS Pub. L. 111–259, title III, § 335, Oct. 7, 2010, 124 Stat. 2688, provided that: ‘‘(a) REQUIREMENT FOR REPORT.—Not later than 180 days after the date of the enactment of this Act [Oct. 7, 2010], the Director of National Intelligence shall sub- 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’’.