Notes on national security : US Code - Notes

Search Notes on national security : US Code - Notes

Sec.
401. Congressional declaration of purpose.
401a. Definitions.

SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY
402. National Security Council.
(a) Establishment; presiding officer; functions;
composition.
(b) Additional functions.
(c) Executive secretary; appointment; staff
employees.
(d) Recommendations and reports.
(e) Participation of Chairman or Vice Chairman of
Joint Chiefs of Staff.
(f) Participation by Director of National Drug
Control Policy.
(g) Board for Low Intensity Conflict.
(h) Committee on Foreign Intelligence.
(i) Committee on Transnational Threats.
(j) Participation of Director of Central
Intelligence.
(i) Special Adviser to the President on
International Religious Freedom.
402-1. Joint Intelligence Community Council.
(a) Joint Intelligence Community Council.
(b) Membership.
(c) Functions.
(d) Meetings.
(e) Advice and opinions of members other than
Chairman.
(f) Recommendations to Congress.
402a. Coordination of counterintelligence activities.
(a) Establishment of Counterintelligence Policy
Board.
(b) Chairperson.
(c) Membership.
(d) Functions and discharge of functions.
(e) Coordination of counterintelligence matters
with Federal Bureau of Investigation.
402b. National Counterintelligence Executive.
(a) Establishment.
(b) Mission.
(c) Duties.
402c. Office of the National Counterintelligence Executive.
(a) Establishment.
(b) Head of Office.
(c) Location of Office.
(d) General Counsel.
(e) Functions.
(f) Additional requirements regarding National
Threat Identification and Prioritization
Assessment and National Counterintelligence
Strategy.
(g) Personnel.
(h) Support.
(i) Availability of funds for reimbursement.
(j) Contracts.
(k) Treatment of activities under certain
administrative laws.
(l) Oversight by Congress.
(m) Construction.
403. Director of National Intelligence.
(a) Director of National Intelligence.
(b) Principal responsibility.
(c) Prohibition on dual service.
403-1. Responsibilities and authorities of the Director of
National Intelligence.
(a) Provision of intelligence.
(b) Access to intelligence.
(c) Budget authorities.
(d) Role of Director of National Intelligence in
transfer and reprogramming of funds.
(e) Transfer of personnel.
(f) Tasking and other authorities.
(g) Intelligence information sharing.
(h) Analysis.
(i) Protection of intelligence sources and methods.
(j) Uniform procedures for sensitive compartmented
information.
(k) Coordination with foreign governments.
(l) Enhanced personnel management.
(m) Additional authority with respect to personnel.
(n) Acquisition authorities.
(o) Consideration of views of elements of
intelligence community.
(p) Responsibility of Director of National
Intelligence regarding National Intelligence
Program budget concerning the Department of
Defense.
(q) Acquisitions of major systems.
(r) Performance of common services.
403-1a. Assignment of responsibilities relating to analytic
integrity.
(a) Assignment of responsibilities.
(b) Responsibilities.
(c) Annual reports.
(d) Congressional intelligence committees defined.
403-1b. Additional education and training requirements.
(a) Findings.
(b) Linguistic requirements.
(c) Professional intelligence training.
403-1c. National Intelligence Reserve Corps.
(a) Establishment.
(b) Eligible individuals.
(c) Terms of participation.
(d) Expenses.
(e) Treatment of annuitants.
(f) Treatment under Office of Director of National
Intelligence personnel ceiling.
403-2. Intelligence Community contracting.
403-2a. Construction of intelligence community facilities;
Presidential authorization.
403-2b. Limitation on construction of facilities to be used
primarily by intelligence community.
(a) In general.
(b) Exception.
(c) Application.
403-3. Office of the Director of National Intelligence.
(a) Office of Director of National Intelligence.
(b) Function.
(c) Composition.
(d) Staff.
(e) Limitation on co-location with other elements
of intelligence community.
403-3a. Deputy Directors of National Intelligence.
(a) Principal Deputy Director of National
Intelligence.
(b) Deputy Directors of National Intelligence.
(c) Military status of Director of National
Intelligence and Principal Deputy Director of
National Intelligence.
403-3b. National Intelligence Council.
(a) National Intelligence Council.
(b) Composition.
(c) Duties and responsibilities.
(d) Service as senior intelligence advisers.
(e) Authority to contract.
(f) Staff.
(g) Availability of Council and staff.
(h) Support.
(i) National Intelligence Council product.
403-3c. General Counsel.
(a) General Counsel.
(b) Prohibition on dual service as General Counsel
of another agency.
(c) Scope of position.
(d) Functions.
403-3d. Civil Liberties Protection Officer.
(a) Civil Liberties Protection Officer.
(b) Duties.
(c) Use of agency Inspectors General.
403-3e. Director of Science and Technology.
(a) Director of Science and Technology.
(b) Requirement relating to appointment.
(c) Duties.
(d) Director of National Intelligence Science and
Technology Committee.
403-3f. National Counterintelligence Executive.
(a) National Counterintelligence Executive.
(b) Duties.
403-3g. Chief Information Officer.
(a) Chief Information Officer.
(b) Chief Information Officer of intelligence
community.
(c) Duties and responsibilities.
(d) Prohibition on simultaneous service as other
chief information officer.
403-4. Central Intelligence Agency.
(a) Central Intelligence Agency.
(b) Function.
403-4a. Director of the Central Intelligence Agency.
(a) Director of Central Intelligence Agency.
(b) Supervision.
(c) Duties.
(d) Responsibilities.
(e) Termination of employment of CIA employees.
(f) Coordination with foreign governments.
(g) Foreign language proficiency for certain senior
level positions in Central Intelligence
Agency.
403-4b. Transformation of Central Intelligence Agency.
403-5. Responsibilities of Secretary of Defense pertaining to
National Intelligence Program.
(a) In general.
(b) Responsibility for performance of specific
functions.
(c) Use of elements of Department of Defense.
403-5a. Assistance to United States law enforcement agencies.
(a) Authority to provide assistance.
(b) Limitation on assistance by elements of
Department of Defense.
(c) Definitions.
403-5b. Disclosure of foreign intelligence acquired in
criminal investigations; notice of criminal
investigations of foreign intelligence sources.
(a) Disclosure of foreign intelligence.
(b) Procedures for notice of criminal
investigations.
(c) Procedures.
403-5c. Transferred.
403-5d. Foreign intelligence information.
403-5e. Transferred.
403-6. Appointment of officials responsible for
intelligence-related activities.
(a) Recommendation of DNI in certain appointments.
(b) Concurrence of DNI in appointments to positions
in the intelligence community.
(c) Consultation with DNI in certain positions.
403-7. Prohibition on using journalists as agents or assets.
(a) Policy.
(b) Waiver.
(c) Voluntary cooperation.
403-8. Reaffirmation of longstanding prohibition against drug
trafficking by employees of the intelligence
community.
(a) Finding.
(b) Obligation of employees of intelligence
community.
(c) Intelligence community defined.
403a. Definitions relating to Central Intelligence Agency.
403b. Seal of office of Central Intelligence Agency.
403c. Procurement authority of Central Intelligence Agency.
(a) Purchases and contracts for supplies and
services.
(b) "Agency head" defined.
(c) Classes of purchases and contracts; finality of
decision; powers delegable.
(d) Powers not delegable; written findings.
403d. Repealed.
403e. Central Intelligence Agency personnel; allowances and
benefits.
(a) Travel, allowances, and related expenses for
officers and employees assigned to duty
stations outside United States.
(b) Allowances and benefits comparable to those
paid members of Foreign Service; special
requirements; persons detailed or assigned
from other agencies; regulations.
403e-1. Eligibility for incentive awards.
(a) Scope of authority with respect to Federal
employees and members of Armed Forces.
(b) Time for exercise of authority.
(c) Exercise of authority with respect to members
of Armed Forces assigned to foreign
intelligence duties.
(d) Payment and acceptance of award.
403f. General authorities of Agency.
(a) In general.
(b) Scope of authority for expenditure.
(c) Transfers for acquisition of land.
403g. Protection of nature of Agency's functions.
403h. Admission of essential aliens; limitation on number.
403i. Repealed.
403j. Central Intelligence Agency; appropriations;
expenditures.
403k. Authority to pay death gratuities.
403l. Authority to accept gifts, devises and bequests.
(a) Use for operational purposes prohibited.
(b) Sale, exchange and investment of gifts.
(c) Deposit of gifts into special fund.
(d) Taxation of gifts.
(e) "Gift" defined.
403m. Misuse of Agency name, initials, or seal.
(a) Prohibited acts.
(b) Injunction.
403n. Special provisions for spouses of Central Intelligence
Agency employees applicable to Agency participants in
Civil Service Retirement and Disability System.
(a) Manner and extent of applicability.
(b) Regulations.
403o. Security personnel at Agency installations.
(a) Special policemen: functions and powers;
regulations: promulgation and enforcement.
(b) Penalties for violations of regulations.
(c) Identification.
(d) Protection of certain CIA personnel from tort
liability.
403p. Health benefits for certain former spouses of Central
Intelligence Agency employees.
(a) Persons eligible.
(b) Enrollment for health benefits.
(c) Eligibility of former wives or husbands.
(d) Continuation of eligibility.
(e) Remarriage before age fifty-five; continued
enrollment; restored eligibility.
(f) Enrollment in health benefits plan under other
authority.
(g) "Health benefits plan" defined.
403q. Inspector General for Agency.
(a) Purpose; establishment.
(b) Appointment; supervision; removal.
(c) Duties and responsibilities.
(d) Semiannual reports; immediate reports of
serious or flagrant problems; reports of
functional problems; reports to Congress on
urgent concerns.
(e) Authorities of Inspector General.
(f) Separate budget account.
(g) Transfer.
403r. Special annuity computation rules for certain
employees' service abroad.
(a) Officers and employees to whom rules apply.
(b) Computation rules.
(c) Annuities deemed annuities under section 8339
of title 5.
(d) Officers and employees entitled to greater
annuities under section 8339 of title 5.
403r-1. Portability of overseas service retirement benefit.
403s. Special rules for disability retirement and
death-in-service benefits with respect to certain
employees.
(a) Officers and employees to whom section 2051
rules apply.
(b) Survivors of officers and employees to whom
section 2052 rules apply.
(c) Annuities under this section deemed annuities
under chapter 83 of title 5.
403t. General Counsel of Central Intelligence Agency.
(a) Appointment.
(b) Chief legal officer.
(c) Functions.
403u. Central services program.
(a) In general.
(b) Participation of Agency elements.
(c) Central Services Working Capital Fund.
(d) Limitation on amount of orders.
(e) Payment for items and services.
(f) Fees.
(g) Termination.
403v. Detail of employees.
403w. Intelligence operations and cover enhancement
authority.
(a) Definitions.
(b) In general.
(c) Compensation.
(d) Retirement benefits.
(e) Health insurance benefits.
(f) Life insurance benefits.
(g) Exemption from certain requirements.
(h) Taxation and social security.
(i) Regulations.
(j) Finality of decisions.
(k) Subsequently enacted laws.
403x. Separation pay program for voluntary separation from
service.
(a) Definitions.
(b) Establishment of program.
(c) Bar on certain employment.
(d) Limitations.
(e) Amount and treatment for other purposes.
(f) Regulations.
(g) Reporting requirements.
404. Emergency preparedness.
(a) Employment of personnel.
(b) Functions.
(c) Utilization of Government resources and
facilities.
404a. Annual national security strategy report.
(a) Transmittal to Congress.
(b) Contents.
(c) Classified and unclassified form.
404b. Multiyear national foreign intelligence program.
(a) Annual submission of multiyear national foreign
intelligence program.
(b) Time of submission.
(c) Consistency with budget estimates.
(d) Specified congressional committees.
404c. Annual report on United States security arrangements
and commitments with other nations.
(a) Report requirements.
(b) Matters to be included.
(c) Deadline for report.
(d) Specified congressional committees.
404d. Annual report on intelligence.
(a) In general.
(b) Matters covered.
(c) "Appropriate congressional committees" defined.
404d-1. Transferred.
404e. National mission of National Geospatial-Intelligence
Agency.
(a) In general.
(b) Requirements and priorities.
(c) Correction of deficiencies.
404f. Repealed.
404g. Restrictions on intelligence sharing with United
Nations.
(a) Provision of intelligence information to United
Nations.
(b) Annual and special reports.
(c) Delegation of duties.
(d) Relationship to existing law.
(e) "Appropriate committees of Congress" defined.
404h. Detail of intelligence community personnel -
Intelligence Community Assignment Program.
(a) Detail.
(b) Benefits, allowances, travel, incentives.
404i. Additional annual reports from the Director of
National Intelligence.
(a) Annual report on the safety and security of
Russian nuclear facilities and nuclear
military forces.
(b) Annual report on hiring and retention of
minority employees.
(c) Annual report on threat of attack on the United
States using weapons of mass destruction.
(d) Congressional leadership defined.
404i-1. Annual report on improvement of financial statements
for auditing purposes.
404j. Limitation on establishment or operation of diplomatic
intelligence support centers.
(a) In general.
(b) Prohibition of use of appropriations.
(c) Definitions.
(d) Termination.
404k. Travel on any common carrier for certain intelligence
collection personnel.
(a) In general.
(b) Authorized delegation of duty.
404l. POW/MIA analytic capability.
(a) Requirement.
(b) Unaccounted for United States personnel.
404m. Semiannual report on financial intelligence on
terrorist assets.
(a) Semiannual report.
(b) Immediate notification for emergency
designation.
(c) Submittal date of reports to congressional
intelligence committees.
(d) Appropriate congressional committees defined.
404n. National Virtual Translation Center.
(a) Establishment.
(b) Designation.
(c) Function.
(d) Administrative matters.
(e) Deadline for establishment.
404n-1. Foreign Terrorist Asset Tracking Center.
(a) Establishment.
(b) Designation.
(c) Deadline for establishment.
404n-2. Terrorist Identification Classification System.
(a) Requirement.
(b) Administration.
(c) Information sharing.
(d) Reporting and certification.
(e) Report on criteria for information sharing.
(f) System administration requirements.
(g) Report on status of System.
(h) Congressional intelligence committees defined.
404n-3. Repealed.
404o. National Counterterrorism Center.
(a) Establishment of Center.
(b) Director of National Counterterrorism Center.
(c) Reporting.
(d) Primary missions.
(e) Domestic counterterrorism intelligence.
(f) Duties and responsibilities of Director.
(g) Limitation.
(h) Resolution of disputes.
(i) Directorate of Intelligence.
(j) Directorate of Strategic Operational Planning.
404o-1. National Counter Proliferation Center.
(a) Establishment.
(b) Missions and objectives.
(c) National security waiver.
(d) Report to Congress.
(e) Sense of Congress.
404o-2. National Intelligence Centers.
(a) Authority to establish.
(b) Resources of directors of centers.
(c) Information sharing.
(d) Mission of centers.
(e) Review and modification of centers.
(f) Termination.
(g) Separate budget account.

SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS
405. Advisory committees; appointment; compensation of
part-time personnel; applicability of other laws.
406. Omitted.
407. Study or plan of surrender; use of appropriations.
408. Applicable laws.
409. Definitions of military departments.
409a. National Security Agency voluntary separation.
(a) Short title.
(b) Definitions.
(c) Establishment of program.
(d) Early retirement.
(e) Amount of separation pay and treatment for
other purposes.
(f) Reemployment restrictions.
(g) Bar on certain employment.
(h) Limitations.
(i) Regulations.
(j) Notification of exercise of authority.
(k) Remittance of funds.
409b. Authority of Federal Bureau of Investigation to award
personal services contracts.
(a) In general.
(b) Inapplicability of certain requirements.
(c) Contract to be appropriate means of securing
services.
409b-1. Reports on exercise of authority.
410. "Function" and "Department of Defense" defined.
411. Authorization of appropriations.
412. Repealing and savings provisions.

SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
413. General Congressional oversight provisions.
(a) Reports to Congressional committees of
intelligence activities and anticipated
activities.
(b) Reports concerning illegal intelligence
activities.
(c) Procedures for reporting information.
(d) Procedures to protect from unauthorized
disclosure.
(e) Construction of authority conferred.
(f) "Intelligence activities" defined.
413a. Reporting of intelligence activities other than covert
actions.
(a) In general.
(b) Form and contents of certain reports.
(c) Standards and procedures for certain reports.
413b. Presidential approval and reporting of covert actions.
(a) Presidential findings.
(b) Reports to congressional intelligence
committees; production of information.
(c) Timing of reports; access to finding.
(d) Changes in previously approved actions.
(e) "Covert action" defined.
(f) Prohibition on covert actions intended to
influence United States political processes,
etc.
414. Funding of intelligence activities.
(a) Obligations and expenditures for intelligence
or intelligence-related activity;
prerequisites.
(b) Activities denied funding by Congress.
(c) Presidential finding required for expenditure
of funds on covert action.
(d) Report to Congressional committees required for
expenditure of nonappropriated funds for
intelligence activity.
(e) Definitions.
415. Notice to Congress of certain transfers of defense
articles and defense services.
415a. Specificity of National Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.
(a) In general.
(b) Election of classified or unclassified form.
415a-1. Budget treatment of costs of acquisition of major
systems by the intelligence community.
(a) Independent cost estimates.
(b) Preparation of independent cost estimates.
(c) Utilization in budgets of President.
(d) Inclusion of estimates in budget justification
materials.
(e) Definitions.
415b. Dates for submittal of various annual and semiannual
reports to the congressional intelligence committees.
(a) Annual reports.
(b) Semiannual reports.
(c) Submittal dates for reports.
(d) Postponement of submittal.

SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
421. Protection of identities of certain United States
undercover intelligence officers, agents, informants,
and sources.
(a) Disclosure of information by persons having or
having had access to classified information
that identifies covert agent.
(b) Disclosure of information by persons who learn
identity of covert agents as result of having
access to classified information.
(c) Disclosure of information by persons in course
of pattern of activities intended to identify
and expose covert agents.
(d) Imposition of consecutive sentences.
422. Defenses and exceptions.
(a) Disclosure by United States of identity of
covert agent.
(b) Conspiracy, misprision of felony, aiding and
abetting, etc.
(c) Disclosure to select Congressional committees
on intelligence.
(d) Disclosure by agent of own identity.
423. Report.
(a) Annual report by President to Congress on
measures to protect identities of covert
agents.
(b) Exemption from disclosure.
424. Extraterritorial jurisdiction.
425. Providing information to Congress.
426. Definitions.

SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES
431. Operational files of the Central Intelligence Agency.
(a) Exemption by Director of Central Intelligence
Agency.
(b) "Operational files" defined.
(c) Search and review for information.
(d) Information derived or disseminated from
exempted operational files.
(e) Supersedure of prior law.
(f) Allegation; improper withholding of records;
judicial review.
(g) Decennial review of exempted operational files.
432. Operational files of the National
Geospatial-Intelligence Agency.
(a) Exemption of certain operational files from
search, review, publication, or disclosure.
(b) Decennial review of exempted operational files.
432a. Operational files of the National Reconnaissance
Office.
(a) Exemption of certain operational files from
search, review, publication, or disclosure.
(b) Decennial review of exempted operational files.
432b. Operational files of the National Security Agency.
(a) Exemption of certain operational files from
search, review, publication, or disclosure.
(b) Operational files defined.
(c) Search and review for information.
(d) Information derived or disseminated from
exempted operational files.
(e) Supersedure of other laws.
(f) Allegation; improper withholding of records;
judicial review.
(g) Decennial review of exempted operational files.
432c. Operational files of the Defense Intelligence Agency.
(a) Exemption of operational files.
(b) Operational files defined.
(c) Search and review for information.
(d) Information derived or disseminated from
exempted operational files.
(e) Allegation; improper withholding of records;
judicial review.
(f) Decennial review of exempted operational files.
(g) Termination.

SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION
435. Procedures.
435a. Limitation on handling, retention, and storage of
certain classified materials by the Department of
State.
(a) Certification regarding full compliance with
requirements.
(b) Limitation on certification.
(c) Report on noncompliance.
(d) Effects of certification of non-full
compliance.
(e) Waiver by Director of Central Intelligence.
(f) Definitions.
435b. Security clearances.
(a) Definitions.
(b) Selection of entity.
(c) Performance of security clearance
investigations.
(d) Reciprocity of security clearance and access
determinations.
(e) Database on security clearances.
(f) Evaluation of use of available technology in
clearance investigations and adjudications.
(g) Reduction in length of personnel security
clearance process.
(h) Reports.
(i) Authorization of appropriations.
436. Requests by authorized investigative agencies.
(a) Generally.
(b) Disclosure of requests.
(c) Records or information; inspection or copying.
(d) Reimbursement of costs.
(e) Dissemination of records or information
received.
(f) Construction of section.
437. Exceptions.
438. Definitions.

SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES
441. Stay of sanctions.
441a. Extension of stay.
441b. Reports.
441c. Laws subject to stay.
441d. Repealed.

SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

PART A - SCIENCE AND TECHNOLOGY
441g. Scholarships and work-study for pursuit of graduate
degrees in science and technology.
(a) Program authorized.
(b) Administration.
(c) Identification of fields of study.
(d) Eligibility for participation.
(e) Regulations.
441g-1. Framework for cross-disciplinary education and
training.
441g-2. Intelligence Community Scholarship Program.
(a) Establishment.
(b) Eligibility.
(c) Application.
(d) Programs and fields of study.
(e) Scholarships.
(f) Special consideration for current employees.
(g) Employee service.
(h) Repayment.
(i) Cancellation, waiver, or suspension of
obligation.
(j) Regulations.
(k) Definitions.

PART B - FOREIGN LANGUAGES PROGRAM
441j. Program on advancement of foreign languages critical
to the intelligence community.
(a) In general.
(b) Identification of requisite actions.
441j-1 Education partnerships.
(a) In general.
(b) Assistance provided under educational
partnership agreements.
441j-2. Voluntary services.
(a) Authority to accept services.
(b) Requirements and limitations.
(c) Authority to recruit and train individuals
providing services.
(d) Status of individuals providing services.
(e) Reimbursement of incidental expenses.
(f) Authority to install equipment.
441j-3. Regulations.
(a) In general.
(b) Elements of the intelligence community.
441j-4. Definitions.

PART C - ADDITIONAL EDUCATION PROVISIONS
441m. Assignment of intelligence community personnel as
language students.
(a) In general.
(b) Authority for reimbursement of costs of tuition
and training.
(c) Relationship to compensation as an analyst.

SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS
442. Applicability to United States intelligence activities
of Federal laws implementing international treaties
and agreements.
(a) In general.
(b) Authorized intelligence activities.
442a. Counterintelligence initiatives.
(a) Inspection process.
(b) Annual review of dissemination lists.
(c) Completion of financial disclosure statements
required for access to certain classified
information.
(d) Arrangements to handle sensitive information.