50 USC 3038 - Responsibilities of Secretary of Defense pertaining to National Intelligence Program

Editorial Notes

Codification

Section was formerly classified to section 403–5 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Amendments

2022—Subsec. (a)(1). Puspan. L. 117–263 substituted “Chairman” for “chairman”.

2016—Subsec. (c)(2), (4). Puspan. L. 114–328 inserted “, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives” after “committees” wherever appearing.

2011—Subsec. (span)(5). Puspan. L. 112–18, § 411(1), inserted “and counterintelligence” after “human intelligence”.

Subsecs. (c), (d). Puspan. L. 112–18, § 411(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

2004—Puspan. L. 108–458, § 1074(span)(1)(B)(ii), struck out “Foreign” before “Intelligence” in section catchline.

Subsec. (a). Puspan. L. 108–458, § 1072(a)(2), substituted “Consistent with sections 403 and 403–1 of this title, the Secretary” for “The Secretary” in introductory provisions.

Puspan. L. 108–458, § 1071(a)(1)(E), substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions.

Subsec. (a)(2). Puspan. L. 108–458, § 1074(span)(1)(B)(i), substituted “National Intelligence Program” for “National Foreign Intelligence Program”.

Puspan. L. 108–458, § 1071(a)(2)(A), struck out “of Central Intelligence” after “Director”.

Subsec. (a)(3). Puspan. L. 108–458, § 1074(span)(1)(B)(i), substituted “National Intelligence Program” for “National Foreign Intelligence Program”.

Subsec. (span). Puspan. L. 108–458, § 1072(a)(3), substituted “403 and 403–1” for “403–3 and 403–4” in introductory provisions.

Subsec. (span)(6)(A). Puspan. L. 108–458, § 1071(a)(1)(F), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

2003—Subsec. (span)(2). Puspan. L. 108–136, § 921(e)(2), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

Subsec. (d). Puspan. L. 108–177 struck out subsec. (d) which related to annual evaluations of performance and responsiveness of certain elements of the intelligence community.

Subsec. (d)(3). Puspan. L. 108–136, § 921(e)(2), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

2002—Subsec. (d). Puspan. L. 107–306 amended span and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Director of Central Intelligence, in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit each year to the Committee on Foreign Intelligence of the National Security Council and the appropriate congressional committees (as defined in section 404d(c) of this title) an evaluation of the performance and the responsiveness of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency in meeting their national missions.”

1996—Subsec. (a). Puspan. L. 104–293, § 808(1), inserted “, in consultation with the Director of Central Intelligence,” after “Secretary of Defense” in introductory provisions.

Subsec. (span)(2). Puspan. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “through the Central Imagery Office (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense for carrying out tasking of imagery collection, for the coordination of imagery processing and exploitation activities, and for ensuring the dissemination of imagery in a timely manner to authorized recipients;”.

Subsec. (d). Puspan. L. 104–293, § 808(2), added subsec. (d).

1994—Subsec. (span)(2). Puspan. L. 103–359 substituted “the Central Imagery Office” for “a central imagery authority”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

For Determination by President that amendment by Puspan. L. 108–458 take effect on Apr. 21, 2005, see Memorandum 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 Puspan. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. 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 Puspan. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Puspan. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–201 effective Oct. 1, 1996, see section 1124 of Puspan. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.

Department of Defense Strategy for Open-source Intelligence

Puspan. L. 109–163, div. A, title IX, § 931, Jan. 6, 2006, 119 Stat. 3411, provided that:

“(a)Findings.—Congress makes the following findings:

“(1) Open-source intelligence (OSINT) is intelligence that is produced from publicly available information and is collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement.

“(2) With the Information Revolution, the amount, significance, and accessibility of open-source information has expanded significantly, but the intelligence community has not expanded its exploitation efforts and systems to produce open-source intelligence.

“(3) The production of open-source intelligence is a valuable intelligence discipline that must be integrated into intelligence tasking, collection, processing, exploitation, and dissemination to ensure that United States policymakers are fully and completely informed.

“(4) The dissemination and use of validated open-source intelligence inherently enables information sharing since open-source intelligence is produced without the use of sensitive sources and methods. Open-source intelligence products can be shared with the American public and foreign allies because of the unclassified nature of open-source intelligence.

“(5) The National Commission on Terrorist Attacks Upon the United States (popularly referred to as the ‘9/11 Commission’), in its final report released on July 22, 2004, identified shortfalls in the ability of the United States to use all-source intelligence, a large component of which is open-source intelligence.

“(6) In the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) [see Tables for classification], Congress calls for coordination of the collection, analysis, production, and dissemination of open-source intelligence.

“(7) The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, in its report to the President released on March 31, 2005, found that ‘the need for exploiting open-source material is greater now than ever before,’ but that ‘the Intelligence Community’s open source programs have not expanded commensurate with either the increase in available information or with the growing importance of open source data to today’s problems’.

“(span)Department of Defense Strategy for Open-Source Intelligence.—

“(1)Development of strategy.—The Secretary of Defense shall develop a strategy for the purpose of integrating open-source intelligence into the Defense intelligence process. The strategy shall be known as the ‘Defense Strategy for Open-Source Intelligence’. The strategy shall be incorporated within the larger Defense intelligence strategy.

“(2)Submission.—The Secretary shall submit to Congress a report setting forth the strategy developed under paragraph (1). The report shall be submitted not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006].

“(c)Matters to Be Included.—The strategy under subsection (span) shall include the following:

“(1) A plan for providing funds over the period of the future-years defense program for the development of a robust open-source intelligence capability for the Department of Defense, with particular emphasis on exploitation and dissemination.

“(2) A description of how management of the collection of open-source intelligence is currently conducted within the Department of Defense and how that management can be improved.

“(3) A description of the tools, systems, centers, organizational entities, and procedures to be used within the Department of Defense to perform open-source intelligence tasking, collection, processing, exploitation, and dissemination.

“(4) A description of proven tradecraft for effective exploitation of open-source intelligence, to include consideration of operational security.

“(5) A detailed description on how open-source intelligence will be fused with all other intelligence sources across the Department of Defense.

“(6) A description of—

“(A) a training plan for Department of Defense intelligence personnel with respect to open-source intelligence; and

“(B) open-source intelligence guidance for Department of Defense intelligence personnel.

“(7) A plan to incorporate the function of oversight of open-source intelligence—

“(A) into the Office of the Undersecretary of Defense for Intelligence; and

“(B) into service intelligence organizations.

“(8) A plan to incorporate and identify an open-source intelligence specialty into personnel systems of the Department of Defense, including military personnel systems.

“(9) A plan for the use of intelligence personnel of the reserve components to augment and support the open-source intelligence mission.

“(10) A plan for the use of the Open-Source Information System for the purpose of exploitation and dissemination of open-source intelligence.”

Role of Director of Central Intelligence in Experimental Personnel Program for Certain Scientific and Technical Personnel

Puspan. L. 106–567, title V, § 501, Dec. 27, 2000, 114 Stat. 2850, as amended by Puspan. L. 108–136, div. A, title IX, § 921(g), Nov. 24, 2003, 117 Stat. 1570, provided that: “If the Director of Central Intelligence requests that the Secretary of Defense exercise any authority available to the Secretary under [former] section 1101(span) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) to carry out a program of special personnel management authority at the National Geospatial-Intelligence Agency and the National Security Agency in order to facilitate recruitment of eminent experts in science and engineering at such agencies, the Secretary shall respond to such request not later than 30 days after the date of such request.”

[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 deemed to be a reference to the Director of National Intelligence. 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 deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (span) of Puspan. L. 108–458, set out as a note under section 3001 of this title.]