Federal · Title 50 — War and National Defense

50 U.S.C. § 3001: Short title

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This chapter may be cited as the “National Security Act of 1947”. Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of National Intelligence. Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency. Any reference to the Community Management Staff in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the staff of the Office of the Director of National Intelligence.” There shall be transferred to the Office of the Director of National Intelligence such staff of the Community Management Staff as of the date of the enactment of this Act [ Dec. 17, 2004 ] as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the Community Management Staff as of that date. The Director of National Intelligence shall administer the Community Management Staff after the date of the enactment of this Act [ Dec. 17, 2004 ] as a component of the Office of the Director of National Intelligence under section 103 of the National Security Act of 1947 [ 50 U.S.C. 3025 ], as amended by section 1011(a) of this Act. There shall be transferred to the National Counterterrorism Center the Terrorist Threat Integration Center (TTIC) or its successor entity, including all functions and activities discharged by the Terrorist Threat Integration Center or its successor entity as of the date of the enactment of this Act [ Dec. 17, 2004 ]. The Director of the National Counterterrorism Center shall administer the Terrorist Threat Integration Center after the date of the enactment of this Act [ Dec. 17, 2004 ] as a component of the Directorate of Intelligence of the National Counterterrorism Center under section 119(i) of the National Security Act of 1947 [ 50 U.S.C. 3056(i) ], as added by section 1021(a) [1021] of this Act. The positions referred to in subsection (b) are hereby abolished. The Assistant Director of Central Intelligence for Collection. The Assistant Director of Central Intelligence for Analysis and Production. The Assistant Director of Central Intelligence for Administration. The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant to this title. Any consolidation, reorganization, or streamlining of activities transferred to the Director of National Intelligence pursuant to this title. The establishment of offices within the Office of the Director of National Intelligence to implement the duties and responsibilities of the Director of National Intelligence as described in this title. Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations to be transferred to the Director of National Intelligence. Recommendations for additional legislative or administrative action as the President considers appropriate. Not later than one year after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458 , see below], the Director of National Intelligence shall submit to the congressional intelligence committees a report on the progress made in the implementation of this title [see Tables for classification], including the amendments made by this title. The report shall include a comprehensive description of the progress made, and may include such recommendations for additional legislative or administrative action as the Director considers appropriate. the Select Committee on Intelligence of the Senate; and the Permanent Select Committee on Intelligence of the House of Representatives. Upon the request of the Director of National Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director of National Intelligence. Any records of the Office of the Director of National Intelligence that are maintained by the agency as a service for the Office of the Director of National Intelligence under section 1535 of title 31 , United States Code, (popularly known as the ‘Economy Act’) may be treated as the records of the agency when dispositioned as required by law, and any disclosure of such records between the two agencies shall not be subject to any otherwise applicable legal consent requirements or disclosure accounting requirements. The records of the Office of the Director of National Intelligence may not be dispositioned pursuant to paragraph (1) without the authorization of the Director of National Intelligence. is authorized within the Office of the Director of National Intelligence the total of 500 new personnel positions; and with the approval of the Director of the Office of Management and Budget, may detail not more than 150 personnel funded within the National Intelligence Program to the Office of the Director of National Intelligence for a period of not more than 2 years. Except as otherwise expressly provided in this Act [see Tables for classification], this title [see Tables for classification] and the amendments made by this title shall take effect not later than six months after the date of the enactment of this Act [ Dec. 17, 2004 ] [For determination by the President that certain sections of title I of Pub. L. 108–458 take effect earlier than six months after the date of enactment, see Memorandum of President of the United States, Apr. 21, 2005 , 70 F.R. 23925, set out as a note below.]. Not later than 60 days after the date of the appointment of the first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to positions within the Office of the Director of National Intelligence. Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence. Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458 , see above], the President shall transmit to Congress the implementation plan required by section 1094. Not later than one year after the date of the enactment of this Act [ Dec. 17, 2004 ], the Director of National Intelligence shall prescribe regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act of 1947 [ 50 U.S.C. 3024 ], as amended by section 1011(a) of this Act.” During the period beginning on the date of the enactment of this Act [ Dec. 23, 2004 ] and ending on the date of the appointment of the Director of National Intelligence [ Apr. 21, 2005 ] under section 102 of the National Security Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [ 50 U.S.C. 3023 ], the Director of Central Intelligence may, acting as the head of the intelligence community, discharge the functions and authorities provided in this Act, and the amendments made by this Act [see Effective Date of 2004 Amendments note set out under section 2656f of Title 22 , Foreign Relations and Intercourse], to the Director of National Intelligence. During the period referred to in paragraph (1) any reference in this Act or the amendments made by this Act to the Director of National Intelligence shall be considered to be a reference to the Director of Central Intelligence, as the head of the intelligence community. Upon the appointment of an individual as Director of National Intelligence under section 102 of the National Security Act of 1947, as so amended, any reference in this Act, or in the classified annex to accompany this Act, to the Director of Central Intelligence as head of the intelligence community shall be deemed to be a reference to the Director of National Intelligence. During the period beginning on the date of the enactment of this Act [ Dec. 23, 2004 ] and ending on the date of the appointment of the Director of the Central Intelligence Agency under section 104A of the National Security Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [ 50 U.S.C. 3036 ], the Director of Central Intelligence may, acting as the head of the Central Intelligence Agency, discharge the functions and authorities provided in this Act, and the amendments made by this Act, to the Director of the Central Intelligence Agency. Upon the appointment of an individual as Director of the Central Intelligence Agency under section 104A of the National Security Act of 1947, as so amended, any reference in this Act, or in the classified annex to accompany this Act, to the Director of Central Intelligence as head of the Central Intelligence Agency shall be deemed to be a reference to the Director of the Central Intelligence Agency.” Not later than 30 days after the date of the enactment of this Act [ Dec. 27, 2021 ], the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the ‘Interagency Coordinator’). coordinate the response of the United States Government to such incidents; coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; ensure adequate training and education relating to such incidents for United States Government personnel; ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information; coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents. serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the ‘Agency Coordination Lead’) for the relevant agency concerned; report directly to the head of such relevant agency regarding activities carried out under this section; perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process; represent such relevant agency in meetings convened by the Interagency Coordinator; and participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c). An Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1). Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2) [probably means subsec. (a)(2)]. an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators; an update on new or persistent anomalous health incidents; a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training; an identification of any changes to operational posture as a result of anomalous health threats; an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care; a description of efforts to improve and encourage reporting of anomalous health incidents; a detailed description of the roles and responsibilities of the Agency Coordination Leads; information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate. Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1). The summary under subparagraph (A) shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods. develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident; shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information. the threat posed by anomalous health incidents; known defensive techniques with respect to anomalous health incidents; and processes to self-report any suspected exposure that could be an anomalous health incident. The workforce guidance specified under paragraph (1) shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act. Nothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency. increase capacity and staffing for the Health Incident Response Task Force of the Department of State; support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department; investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution; collect and analyze data related to anomalous health incidents; coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State. the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives. the Department of Defense; the Department of State; the Office of the Director of National Intelligence; the Central Intelligence Agency; the Department of Justice; the Department of Homeland Security; and such other Federal departments or agencies as may be designated by the Interagency Coordinator.” The organizational and governance structure of the NRO. The role of the NRO in the development and generation of requirements and acquisition. The scope of the capabilities of the NRO. The roles and responsibilities of the NRO and the relationship of the NRO to other organizations and agencies in the intelligence and defense communities.” Each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement to accompany the conference report on the bill H.R. 2417 of the One Hundred Eighth Congress [enacted as Pub. L. 108–177 ], or in the classified annex to this Act, is hereby incorporated into this Act, and is hereby made a requirement in law. the Select Committee on Intelligence of the Senate; and the Permanent Select Committee on Intelligence of the House of Representatives.” This section establishes the National Commission on Defense and National Security. Recent revolutionary world events require a fundamental reassessment of the defense and national security policies of the United States. Emerging democracies around the world will require political, technical, and economic assistance, as well as military assistance, from the developed free nations in order to thrive and to become productive members of the world community. Real and potential military threats to the United States and its allies will continue to exist for the foreseeable future from not just the Soviet Union but also from terrorism and from Third World nations. Proliferation of both sophisticated conventional weapons and of nuclear weapons could produce a world more dangerous than we have faced in the past. Ethnic rivalries as well as economic inequalities may produce instabilities that could spark serious conflict. In order to formulate coherent national policies to meet these challenges of a new world environment, it is essential for the United States to achieve a bipartisan consensus such as that which emerged following World War II. Such a consensus can be fostered by the development of policy recommendations from a highly respected group of individuals who do not bear a partisan label and who possess critical expertise and experience. “There is established a commission to be known as [the] National Commission on Defense and National Security (hereinafter in this Act referred to as the ‘Commission’). The Commission is established until 30 days following submission of the final report required by section 6 of this section. The Commission shall analyze and make recommendations to the President and Congress concerning the national security and national defense policies of the United States. The world-wide interests, goals, and objectives of the United States that are vital to the national security of the United States. the developments in Eastern Europe and the Soviet Union; the question of German unification; the future of NATO and European economic integration; the future of the Pacific Basin; and potential instability resulting from regional conflicts or economic problems in the developing world. The foreign policy, world-wide commitments, and national defense capabilities of the United States necessary to deter aggression and implement the national security strategy of the United States, including the contribution that can be made by bilateral and multilateral political and economic associations in promoting interests that the United States shares with other members of the world community. The proposed short-term uses of the political, economic, military, and other elements of national power for the United States to protect or promote the interests and to achieve the goals and objectives referred to in paragraph (1). Long-term options that should be considered further for a number of potential courses of world events over the remainder of the century and into the next century. Three appointed by the President. Three appointed by the Speaker of the House of Representatives. One appointed by the minority leader of the House of Representatives. Two appointed by the majority leader of the Senate. One appointed by the minority leader of the Senate. Persons appointed to the Commission shall be persons who are not officers or employees of the Federal Government (including Members of Congress) and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. Members shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Members of the Commission shall serve without pay. A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. The Chairman of the Commission shall be designated by the President from among the members appointed by the President. The Vice Chairman of the Commission shall be designated by the Speaker of the House of Representatives from among the members appointed by the Speaker. The Commission shall meet at the call of the Chairman or a majority of its members. Members of the Commission shall be appointed not later than the end of the 30-day period beginning on the date of the enactment of this Act [ Nov. 5, 1990 ]. The Commission shall transmit to the President and to Congress an initial report not later than six months after the date on which the Commission is first constituted with a quorum. The Commission shall transmit to the President and to Congress a final report one year following submission of the initial report under subsection (a). The report under subsection (b) shall contain a detailed statement of the findings and conclusions of the Commission concerning the matters to be studied by the Commission under section 4, together with its recommendations for such legislation and administrative actions as it considers appropriate. Such report shall include a comprehensive description and discussion of the matters set forth in section 4. Each such report shall be submitted in unclassified form. Each report may include such additional and minority views as individual members of the Commission may request be included. The Commission shall, without regard to section 5311(b) of title 5 , United States Code, have a Director who shall be appointed by the Chairman and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS–18 of the General Schedule. The Chairman may appoint and fix the pay of such additional personnel as the Chairman considers appropriate. The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule. Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule. Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. The Chairman or a designee on behalf of the Chairman may request information necessary to enable the Commission to carry out this Act directly from any department or agency of the United States. The Commission may accept, use, and dispose of gifts or donations of services or property. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. “If funds are not otherwise available for the necessary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commission requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence.”

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