Who manages the execution of national intelligence at the department level?

Read Online (Free) relies on page scans, which are not currently available to screen readers. To access this article, please contact JSTOR User Support . We'll provide a PDF copy for your screen reader.

With a personal account, you can read up to 100 articles each month for free.

Already have an account? Log in

Monthly Plan

• Access everything in the JPASS collection
• Read the full-text of every article
• Download up to 10 article PDFs to save and keep

Yearly Plan

• Access everything in the JPASS collection
• Read the full-text of every article
• Download up to 120 article PDFs to save and keep

Log in through your institution

journal article

American Intelligence Journal

Vol. 36, No. 1, HUMINT in the 21st Century: Espionage, Attaché Operations, and Other Challenges (2019)

, pp. 37-51 (15 pages)

Published By: National Military Intelligence Foundation

https://www.jstor.org/stable/27066336

Read and download

Log in through your school or library

Alternate access options

For independent researchers

Read Online

Read 100 articles/month free

Subscribe to JPASS

Unlimited reading + 10 downloads

Journal Information

The American Intelligence Journal is the flagship publication of the NMIA. Now in its fourth decade, the Journal's focus remains on education and professional development. We seek to augment both the capabilities and the performance of armed forces intelligence operators and their civilian counterparts. The legal environment increasingly demands joint, interagency, and coalition approaches to military and homeland security operations. Today, the military intelligence professional must be proficient across traditional and emerging disciplines, missions, and functions. NMIA is the only joint military intelligence professional association in the United States. Our American Intelligence Journal offers readers an artful balance between the wisdom of scholars and the street smarts of practitioners.

Publisher Information

The National Military Intelligence Foundation (NMIF) is “organized to advance public awareness of the role in, and contributions to society, of military intelligence organizations, disciplines, analytical methods, techniques and personnel.” The National Military Intelligence Association (NMIA) is a national association of intelligence professionals. NMIA was founded in 1973 at Fort Huachuca, Arizona. Members include military and civil service professionals actively engaged in military intelligence careers as well as reserve, former and retired intelligence personnel and U.S. citizens who have an interest in intelligence and support the vital role of military intelligence in safeguarding our nation's security. The National Military Intelligence Association (NMIA) has been the premier professional association for practitioners of military intelligence since its inception in 1974. NMIA is expanding its efforts to provide scholarships for studies in intelligence, to recognize intelligence professionals for outstanding contributions to military intelligence, and to provide public education about military intelligence activities, organizations, and careers.

Rights & Usage

This item is part of a JSTOR Collection.
For terms and use, please refer to our Terms and Conditions
American Intelligence Journal © 2019 National Military Intelligence Foundation
Request Permissions

[1] See References in Text note below.

Editorial Notes

References in Text

The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c)(6), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.

The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (f)(6), (9), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Executive Order No. 13526, referred to in subsec. (g)(1)(G), is set out as a note under section 3161 of this title.

The Goldwater-Nichols Department of Defense Reorganization Act of 1986, referred to in subsec. (l)(3)(C), is Pub. L. 99–433, Oct. 1, 1986, 100 Stat. 992. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 111 of Title 10, Armed Forces, and Tables.

The Central Intelligence Agency Act of 1949, referred to in subsecs. (m) and (n)(1), is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of this title prior to editorial reclassification in this title and is now classified generally to chapter 46 (§ 3501 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Section 3126(1) of this title, referred to in subsec. (t)(2), was in the original “section 606(1)”, meaning section 606(1) of act July 26, 1947, which was translated as reading “section 605(1)”, to reflect the probable intent of Congress and the renumbering of section 606 as 605 by section 310(a)(4)(B) of Pub. L. 112–277.

Prior Provisions

A prior section 102A of act July 26, 1947, ch. 343, title I, as added Pub. L. 104–293, title VIII, § 805(b), Oct. 11, 1996, 110 Stat. 3479, provided there is a Central Intelligence Agency and described its function prior to repeal by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided. See section 3035 of this title.

Another prior section 102a of act July 26, 1947, ch. 343, title I, as added Pub. L. 98–215, title IV, § 403, Dec. 9, 1983, 97 Stat. 1477, related to appointment of Director of the Intelligence Community Staff prior to repeal by Pub. L. 102–496, title VII, § 705(a)(1), Oct. 24, 1992, 106 Stat. 3190.

Amendments

2022—Subsec. (c)(5)(D). Pub. L. 117–103, § 403(1), added subpar. (D).

Subsec. (f)(8). Pub. L. 117–103, § 402, substituted “such other intelligence-related functions” for “such other functions”.

Subsec. (p). Pub. L. 117–103, § 403(2), substituted “Certain Responsibilities of Director of National Intelligence Relating to National Intelligence Program” for “Responsibility of Director of National Intelligence regarding National Intelligence Program budget concerning the Department of Defense” in heading, designated existing provisions as par. (1), and added par. (2).

2019—Subsec. (g)(1)(G). Pub. L. 116–92, § 6742(b)(1)(A), realigned margins.

Subsec. (q)(1)(A). Pub. L. 116–92, § 5305, inserted “security risks,” after “schedule,”.

Subsec. (v)(3). Pub. L. 116–92, § 6742(b)(1)(B), realigned margin.

2017—Subsec. (f)(2). Pub. L. 115–31, § 401(c), inserted “, the National Counterproliferation Center, and the National Counterintelligence and Security Center” after “National Counterterrorism Center”.

Subsec. (l)(3)(D). Pub. L. 115–31, § 309(b), added subpar. (D).

Subsec. (y). Pub. L. 115–31, § 303(a), added subsec. (y).

Subsec. (z). Pub. L. 115–31, § 402, added subsec. (z).

2015—Subsec. (u). Pub. L. 114–113, § 701(c)(1), struck out par. (1) designation before “The Director of National Intelligence” and struck out par. (2) which read as follows: “The Director of National Intelligence shall annually submit to the congressional intelligence committees a report describing all outside employment for officers and employees of elements of the intelligence community that was authorized by the head of an element of the intelligence community during the preceding calendar year. Such report shall be submitted each year on the date provided in section 3106 of this title.”

Subsec. (v)(3), (4). Pub. L. 114–113, § 105(a), added par. (3) and redesignated former par. (3) as (4).

2014—Subsec. (g)(4). Pub. L. 113–126, § 329(b)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Not later than February 1 of each year, the Director of National Intelligence shall submit to the President and to the Congress an annual report that identifies any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively implement paragraph (1).”

Subsec. (j). Pub. L. 113–126, § 501(1), substituted “classified information” for “sensitive compartmented information” in heading.

Subsec. (j)(5), (6). Pub. L. 113–126, § 501(2)–(4), added pars. (5) and (6).

Subsec. (x). Pub. L. 113–126, § 502(a), added subsec. (x).

2012—Subsec. (e)(3)(D). Pub. L. 112–87, § 311(d), substituted “For each of the fiscal years 2010, 2011, and 2012, the” for “The” in introductory provisions.

Subsec. (v). Pub. L. 112–87, § 304, added subsec. (v).

Subsec. (w). Pub. L. 112–87, § 305, added subsec. (w).

2010—Subsec. (c)(3)(A). Pub. L. 111–259, § 804(2)(A), substituted “annual budget for the Military Intelligence Program or any successor program or programs” for “annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities”.

Subsec. (d)(1)(B). Pub. L. 111–259, § 804(2)(B)(i), substituted “Military Intelligence Program or any successor program or programs” for “Joint Military Intelligence Program”.

Subsec. (d)(2). Pub. L. 111–259, § 402(a), substituted “Program—” for “Program to another such program.” and added subpars. (A) to (C).

Subsec. (d)(3). Pub. L. 111–259, § 804(2)(B)(ii), substituted “paragraph (1)(A)” for “subparagraph (A)” in introductory provisions.

Subsec. (d)(5)(A). Pub. L. 111–259, § 804(2)(B)(iii)(I), struck out “or personnel” after “funds” in introductory provisions.

Subsec. (d)(5)(B). Pub. L. 111–259, § 804(2)(B)(iii)(II), substituted “delegated by the head of the department involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency)” for “delegated by the head of the department or agency involved”.

Subsec. (e)(3), (4). Pub. L. 111–259, § 306, added par. (3) and redesignated former par. (3) as (4).

Subsec. (f)(7) to (9). Pub. L. 111–259, § 401, added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.

Subsec. (g)(1)(G). Pub. L. 111–258 added subpar. (G).

Subsec. (l)(2)(B). Pub. L. 111–259, § 804(2)(C), substituted “paragraph” for “section”.

Subsec. (n). Pub. L. 111–259, § 804(2)(D), inserted “and other” after “Acquisition” in the heading.

Subsec. (n)(4). Pub. L. 111–259, § 326, added par. (4).

Subsecs. (s) to (u). Pub. L. 111–259, §§ 303, 304, 307, added subsecs. (s) to (u).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–126, title V, § 502(b), July 7, 2014, 128 Stat. 1412, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act [July 7, 2014].”

Effective Date

For Determination by President that section 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.

Section 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.

Establishment of Fifth-Generation Technology Prize Competition

Pub. L. 116–92, div. E, title LVII, § 5723, Dec. 20, 2019, 133 Stat. 2177, provided that:

“(b) Prize Amount.—

In carrying out the program under subsection (a), the Director may award not more than a total of $5,000,000 to one or more winners of the prize competition.

“(c) Consultation.—

In carrying out the program under subsection (a), the Director may consult with the heads of relevant departments and agencies of the Federal Government.

“(d) Fifth-generation Technology Defined.—

In this section, the term ‘fifth-generation technology’ means hardware, software, or other technologies relating to fifth-generation wireless networks (known as ‘5G’).”

Establishment of Deepfakes Prize Competition

Pub. L. 116–92, div. E, title LVII, § 5724, Dec. 20, 2019, 133 Stat. 2177, provided that:

“(a) Prize Competition.—

Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Agency [probably should be “Activity”], shall carry out a program to award prizes competitively to stimulate the research, development, or commercialization of technologies to automatically detect machine-manipulated media.

“(b) Prize Amount.—

In carrying out the program under subsection (a), the Director may award not more than a total of $5,000,000 to one or more winners of the prize competition.

“(c) Consultation.—

In carrying out the program under subsection (a), the Director may consult with the heads of relevant departments and agencies of the Federal Government.

“(d) Machine-Manipulated Media Defined.—

In this section, the term ‘machine-manipulated media’ means video, image, or audio recordings generated or substantially modified using machine-learning techniques in order to falsely depict events, to falsely depict the speech or conduct of an individual, or to depict individuals who do not exist.”

Identification of and Countermeasures Against Certain International Mobile Subscriber Identity-Catchers

Pub. L. 116–92, div. E, title LVII, § 5725, Dec. 20, 2019, 133 Stat. 2178, provided that:

“(a) In General.—The Director of National Intelligence and the Director of the Federal Bureau of Investigation, in collaboration with the Under Secretary of Homeland Security for Intelligence and Analysis, and the heads of such other Federal, State, or local agencies as the Directors determine appropriate, and in accordance with applicable law and policy, may—

“(1) undertake an effort to identify International Mobile Subscriber Identity-catchers operated within the United States by—

“(A)

hostile foreign governments; and

“(B)

individuals who have violated a criminal law of the United States or of any State, or who have committed acts that would be a criminal violation if committed within the jurisdiction of the United States or any State; and

“(2)

when appropriate, develop countermeasures against such International Mobile Subscriber Identity-catchers, with prioritization given to such International Mobile Subscriber Identity-catchers identified in the National Capital Region.

“(b) Briefing Required.—Prior to developing countermeasures under subsection (a)(2), the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall provide a briefing to the appropriate congressional committees on—

“(1)

the use of International Mobile Subscriber Identity-catchers operated within the United States by the individuals and governments described in subsection (a)(1);

“(2)

potential countermeasures by the intelligence community against such International Mobile Subscriber Identity-catchers; and

“(3)

any legal or policy limitations with respect to the development or carrying out of such countermeasures.

“(c) Definitions.—

“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(B)

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(C)

the Committees on the Judiciary of the House of Representatives and the Senate.

“(2) International mobile subscriber identity-catcher.—

The term ‘International Mobile Subscriber Identity-catcher’ means a device used for intercepting mobile phone identifying information and location data.”

[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 5725 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]

Intelligence Community Information Technology Environment

Pub. L. 116–92, div. E, title LXIII, § 6312, Dec. 20, 2019, 133 Stat. 2191, provided that:

“(a) Definitions.—In this section:

“(1) Core service.—

The term ‘core service’ means a capability that is available to multiple elements of the intelligence community and required for consistent operation of the intelligence community information technology environment.

“(2) Intelligence community information technology environment.—

The term ‘intelligence community information technology environment’ means all of the information technology services across the intelligence community, including the data sharing and protection environment across multiple classification domains.

“(b) Roles and Responsibilities.—

“(1) Director of national intelligence.—The Director of National Intelligence shall be responsible for coordinating the performance by elements of the intelligence community of the intelligence community information technology environment, including each of the following:

“(A)

Ensuring compliance with all applicable environment rules and regulations of such environment.

“(B)

Ensuring measurable performance goals exist for such environment.

“(C)

Documenting standards and practices of such environment.

“(D)

Acting as an arbiter among elements of the intelligence community related to any disagreements arising out of the implementation of such environment.

“(E)

Delegating responsibilities to the elements of the intelligence community and carrying out such other responsibilities as are necessary for the effective implementation of such environment.

“(2) Core service providers.—Providers of core services shall be responsible for—

“(A)

providing core services, in coordination with the Director of National Intelligence; and

“(B)

providing the Director with information requested and required to fulfill the responsibilities of the Director under paragraph (1).

“(3) Use of core services.—

“(A) In general.—

Except as provided in subparagraph (B), each element of the intelligence community shall use core services when such services are available.

“(B) Exception.—

The Director of National Intelligence may provide for a written exception to the requirement under subparagraph (A) if the Director determines there is a compelling financial or mission need for such exception.

“(c) Management Accountability.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall designate and maintain one or more accountable executives of the intelligence community information technology environment to be responsible for—

“(1)

management, financial control, and integration of such environment;

“(2)

overseeing the performance of each core service, including establishing measurable service requirements and schedules;

“(3)

to the degree feasible, ensuring testing of each core service of such environment, including testing by the intended users, to evaluate performance against measurable service requirements and to ensure the capability meets user requirements; and

“(4)

coordinate transition or restructuring efforts of such environment, including phaseout of legacy systems.

“(d) Security Plan.—

Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and maintain a security plan for the intelligence community information technology environment.

“(e) Long-Term Roadmap.—Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a long-term roadmap that shall include each of the following:

“(1) A description of the minimum required and desired core service requirements, including—

“(A)

key performance parameters; and

“(B)

an assessment of current, measured performance.

“(2) Implementation milestones for the intelligence community information technology environment, including each of the following:

“(A) A schedule for expected deliveries of core service capabilities during each of the following phases:

“(i)

Concept refinement and technology maturity demonstration.

“(ii)

Development, integration, and demonstration.

“(iii)

Production, deployment, and sustainment.

“(B)

Dependencies of such core service capabilities.

“(C)

Plans for the transition or restructuring necessary to incorporate core service capabilities.

“(D)

A description of any legacy systems and discontinued capabilities to be phased out.

“(3)

Such other matters as the Director determines appropriate.

“(f) Business Plan.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a business plan that includes each of the following:

“(1)

A systematic approach to identify core service funding requests for the intelligence community information technology environment within the proposed budget, including multiyear plans to implement the long-term roadmap required by subsection (e).

“(2)

A uniform approach by which each element of the intelligence community shall identify the cost of legacy information technology or alternative capabilities where services of the intelligence community information technology environment will also be available.

“(3)

A uniform effort by which each element of the intelligence community shall identify transition and restructuring costs for new, existing, and retiring services of the intelligence community information technology environment, as well as services of such environment that have changed designations as a core service.

“(g) Quarterly Presentations.—

Beginning not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees quarterly updates regarding ongoing implementation of the intelligence community information technology environment as compared to the requirements in the most recently submitted security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f).

“(h) Additional Notifications.—

The Director of National Intelligence shall provide timely notification to the congressional intelligence committees regarding any policy changes related to or affecting the intelligence community information technology environment, new initiatives or strategies related to or impacting such environment, and changes or deficiencies in the execution of the security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f).

“(i) Sunset.—

The section shall have no effect on or after September 30, 2024.”

[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6312 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]

Policy on Minimum Insider Threat Standards

Pub. L. 116–92, div. E, title LXIII, § 6314, Dec. 20, 2019, 133 Stat. 2194, provided that:

“(a) Policy Required.—

Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall establish a policy for minimum insider threat standards that is consistent with the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs.

“(b) Implementation.—

Not later than 180 days after the date of the enactment of this Act, the head of each element of the intelligence community shall implement the policy established under subsection (a).”

[For definition of “intelligence community” as used in section 6314 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]

Reports and Briefings on National Security Effects of Global Water Insecurity and Emerging Infectious Disease and Pandemics

Pub. L. 116–92, div. E, title LXVII, § 6722, Dec. 20, 2019, 133 Stat. 2232, as amended by Pub. L. 116–260, div. W, title VI, § 622, Dec. 27, 2020, 134 Stat. 2404, provided that:

“(a) Global Water Insecurity.—

“(1) Report.—

“(A) In general.—

Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the implications of water insecurity on the national security interests of the United States, including consideration of social, economic, agricultural, and environmental factors.

“(B) Assessment scope and focus.—The report submitted under subparagraph (A) shall include an assessment of water insecurity described in such subsection with a global scope, but focus on areas of the world—

“(i) of strategic, economic, or humanitarian interest to the United States—

“(I)

that are, as of the date of the report, at the greatest risk of instability, conflict, human insecurity, or mass displacement; or

“(II)

where challenges relating to water insecurity are likely to emerge and become significant during the 5-year or the 20-year period beginning on the date of the report; and

“(ii)

where challenges relating to water insecurity are likely to imperil the national security interests of the United States or allies of the United States.

“(C) Consultation.—In researching the report required by subparagraph (A), the Director shall consult with—

“(i)

such stakeholders within the intelligence community, the Department of Defense, and the Department of State as the Director considers appropriate; and

“(ii)

such additional Federal agencies and persons in the private sector as the Director considers appropriate.

“(D) Form.—

The report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

“(2) Quinquennial briefings.—

Beginning on the date that is 5 years after the date on which the Director submits the report under paragraph (1), and every 5 years thereafter, the Director shall provide to the committees specified in such paragraph a briefing that updates the matters contained in the report.

“(b) Emerging Infectious Disease and Pandemics.—

“(1) Report.—

“(A) In general.—

Not later than 120 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall submit to the appropriate congressional committees a report on the anticipated geopolitical effects of emerging infectious disease (including deliberate, accidental, and naturally occurring infectious disease threats) and pandemics, and their implications on the national security of the United States.

“(B) Contents.—The report under subparagraph (A) shall include an assessment of—

“(i)

the economic, social, political, and security risks, costs, and impacts of emerging infectious diseases on the United States and the international political and economic system;

“(ii)

the economic, social, political, and security risks, costs, and impacts of a major transnational pandemic on the United States and the international political and economic system; and

“(iii)

contributing trends and factors to the matters assessed under clauses (i) and (ii).

“(C) Examination of response capacity.—In examining the risks, costs, and impacts of emerging infectious disease and a possible transnational pandemic under subparagraph (B), the Director of National Intelligence shall also examine in the report under subparagraph (A) the response capacity within affected countries and the international system. In considering response capacity, the Director shall include—

“(i)

the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic;

“(ii)

the role and capacity of international organizations and nongovernmental organizations to respond to emerging infectious disease and a possible pandemic, and their ability to coordinate with affected and donor nations; and

“(iii)

the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic.

“(2) Annual briefings.—

Not later than January 31, 2021, and annually thereafter, the Director shall provide to the congressional intelligence committees a briefing that updates the matters contained in the report required under paragraph (1).

“(3) Form.—

The report under paragraph (1) and the briefings under paragraph (2) may be classified.

“(4) Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means—

“(B)

the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives; and

“(C)

the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate.”

[Pub. L. 116–260, § 622(a)(2), which directed substitution of “not later than January 31, 2021, and annually thereafter” for “beginning on the date that is 5 years after the date on which the Director submits the report under paragraph (1), and every 5 years thereafter” was executed by substituting “Not later than January 31, 2021, and annually thereafter” for “Beginning on the date that is 5 years after the date on which the Director submits the report under paragraph (1), and every 5 years thereafter” to reflect the probable intent of Congress.]

[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 6722 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]

Limitation on Activities of Employees of an Office of Inspector General

Pub. L. 115–31, div. N, title III, § 309(a), May 5, 2017, 131 Stat. 814, provided that:

“(1) Limitations.—Not later than 180 days after the date of the enactment of this Act [May 5, 2017], the Director of National Intelligence shall develop and implement a uniform policy for each covered office of an inspector general to better ensure the independence of each such office. Such policy shall include—

“(A)

provisions to prevent any conflict of interest related to a matter any employee of a covered office of an inspector general personally and substantially participated in during previous employment;

“(B)

standards to ensure personnel of a covered office of an inspector general are free both in fact and in appearance from personal, external, and organizational impairments to independence;

“(C) provisions to permit the head of each covered office of an inspector general to waive the application of the policy with respect to an individual if such head—

“(i)

prepares a written and signed justification for such waiver that sets out, in detail, the need for such waiver, provided that waivers shall not be issued for in fact impairments to independence; and

“(D)

any other protections the Director determines appropriate.

“(2) Covered office of an inspector general defined.—The term ‘covered office of an inspector general’ means—

“(B) the office of an inspector general for—

“(i)

the Office of the Director of National Intelligence;

“(ii)

the Central Intelligence Agency;

“(iii)

the National Security Agency;

“(iv)

the Defense Intelligence Agency;

“(v)

the National Geospatial-Intelligence Agency; and

“(vi)

the National Reconnaissance Office.

“(3) Briefing to the congressional intelligence committees.—

Prior to the date that the policy required by paragraph (1) takes effect, the Director of National Intelligence shall provide the congressional intelligence committees a briefing on such policy.”

Designation of Lead Intelligence Officer for Tunnels

Pub. L. 114–113, div. M, title III, § 309, Dec. 18, 2015, 129 Stat. 2918, provided that:

“(a) In General.—

The Director of National Intelligence shall designate an official to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and nonstate actors.

“(b) Annual Report.—Not later than the date that is 10 months after the date of the enactment of this Act [Dec. 18, 2015], and biennially thereafter until the date that is 4 years after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] and the congressional defense committees (as such term is defined in section 101(a)(16) of title 10, United States Code) a report describing—

“(1)

trends in the use of tunnels by foreign state and nonstate actors; and

“(2)

collaboration efforts between the United States and partner countries to address the use of tunnels by adversaries.”

Reporting Process Required for Tracking Certain Requests for Country Clearance

Pub. L. 114–113, div. M, title III, § 310, Dec. 18, 2015, 129 Stat. 2918, provided that:

“(a) In General.—

By not later than September 30, 2016, the Director of National Intelligence shall establish a formal internal reporting process for tracking requests for country clearance submitted to overseas Director of National Intelligence representatives by departments and agencies of the United States. Such reporting process shall include a mechanism for tracking the department or agency that submits each such request and the date on which each such request is submitted.

“(b) Congressional Briefing.—

By not later than December 31, 2016, the Director of National Intelligence shall brief the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] on the progress of the Director in establishing the process required under subsection (a).”

Insider Threat Detection Program

Pub. L. 112–18, title IV, § 402, June 8, 2011, 125 Stat. 227, as amended by Pub. L. 112–277, title III, § 304, Jan. 14, 2013, 126 Stat. 2471, provided that:

“(a) Initial Operating Capability.—

Not later than October 1, 2013, the Director of National Intelligence shall establish an initial operating capability for an effective automated insider threat detection program for the information resources in each element of the intelligence community in order to detect unauthorized access to, or use or transmission of, classified intelligence.

“(b) Full Operating Capability.—

Not later than October 1, 2014, the Director of National Intelligence shall ensure the program described in subsection (a) has reached full operating capability.

“(c) Report.—

Not later than December 1, 2011, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the resources required to implement the insider threat detection program referred to in subsection (a) and any other issues related to such implementation the Director considers appropriate to include in the report.

“(d) Information Resources Defined.—

In this section, the term ‘information resources’ means networks, systems, workstations, servers, routers, applications, databases, websites, online collaboration environments, and any other information resources in an element of the intelligence community designated by the Director of National Intelligence.”

[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 402 of Pub. L. 112–18, set out above, see section 2 of Pub. L. 112–18, set out as a note under section 3003 of this title.]

Joint Procedures for Operational Coordination Between Department of Defense and Central Intelligence Agency

Pub. L. 108–458, title I, § 1013, Dec. 17, 2004, 118 Stat. 3662, provided that:

“(a) Development of Procedures.—The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following:

“(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum—

“(A)

information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and

“(B)

exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.

“(2)

When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort.

Alternative Analysis of Intelligence by the Intelligence Community

Pub. L. 108–458, title I, § 1017, Dec. 17, 2004, 118 Stat. 3670, provided that:

“(a) In General.—

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 Effective Date of 2004 Amendment; Transition Provisions note set out under section 3001 of this title], the Director of National Intelligence shall establish a process and assign an individual or entity the responsibility for ensuring that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly referred to as ‘red-team analysis’) of the information and conclusions in intelligence products.

“(b) Report.—

Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives on the implementation of subsection (a).”

Enhancing Classified Counterterrorist Travel Efforts

Pub. L. 108–458, title VII, § 7201(e), Dec. 17, 2004, 118 Stat. 3813, provided that:

“(1) In general.—

The Director of National Intelligence shall significantly increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel.

“(2) Authorization of appropriations.—

There are authorized to be appropriated for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this subsection.”

Intelligence Community Use of National Infrastructure Simulation and Analysis Center

Pub. L. 108–458, title VIII, § 8101, Dec. 17, 2004, 118 Stat. 3864, provided that:

“(a) In General.—

The Director of National Intelligence shall establish a formal relationship, including information sharing, between the elements of the intelligence community and the National Infrastructure Simulation and Analysis Center.

“(b) Purpose.—

The purpose of the relationship under subsection (a) shall be to permit the intelligence community to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence analysis, for real time response to reported threats and long term planning for projected threats.”

Pilot Program on Analysis of Signals and Other Intelligence by Intelligence Analysts of Various Elements of the Intelligence Community

Pub. L. 108–177, title III, § 317, Dec. 13, 2003, 117 Stat. 2611, as amended by Pub. L. 108–458, title I, §§ 1071(g)(3)(A)(i), (ii), 1072(d)(2)(A), Dec. 17, 2004, 118 Stat. 3692, 3693, required Director of National Intelligence, in coordination with Secretary of Defense, to carry out pilot program to assess feasibility and advisability of permitting intelligence analysts of various elements of intelligence community to access and analyze signals intelligence of the National Security Agency and other selected intelligence from databases of other elements of intelligence community in order to achieve certain objectives; pilot program was to commence not later than Dec. 31, 2003, be assessed not later than Feb. 1, 2004, and a report on the assessment submitted to Congress.

Standardized Transliteration of Names Into the Roman Alphabet

Pub. L. 107–306, title III, § 352, Nov. 27, 2002, 116 Stat. 2401, as amended by Pub. L. 108–458, title I, § 1071(g)(2)(D), Dec. 17, 2004, 118 Stat. 3691, provided that:

“(a) Method of Transliteration Required.—

Not later than 180 days after the date of the enactment of this Act [Nov. 27, 2002], the Director of Central Intelligence shall provide for a standardized method for transliterating into the Roman alphabet personal and place names originally rendered in any language that uses an alphabet other than the Roman alphabet.

“(b) Use by Intelligence Community.—The Director of National Intelligence shall ensure the use of the method established under subsection (a) in—

Standards for Spelling of Foreign Names and Places and for Use of Geographic Coordinates

Pub. L. 105–107, title III, § 309, Nov. 20, 1997, 111 Stat. 2253, provided that:

“(a) Survey of Current Standards.—

“(1) Survey.—

The Director of Central Intelligence shall carry out a survey of current standards for the spelling of foreign names and places, and the use of geographic coordinates for such places, among the elements of the intelligence community.

“(2) Report.—

Not later than 90 days after the date of enactment of this Act [Nov. 20, 1997], the Director shall submit to the congressional intelligence committees a report on the survey carried out under paragraph (1). The report shall be submitted in unclassified form, but may include a classified annex.

“(b) Guidelines.—

“(1) Issuance.—

Not later than 180 days after the date of enactment of this Act, the Director shall issue guidelines to ensure the use of uniform spelling of foreign names and places and the uniform use of geographic coordinates for such places. The guidelines shall apply to all intelligence reports, intelligence products, and intelligence databases prepared and utilized by the elements of the intelligence community.

“(2) Basis.—

The guidelines under paragraph (1) shall, to the maximum extent practicable, be based on current United States Government standards for the transliteration of foreign names, standards for foreign place names developed by the Board on Geographic Names, and a standard set of geographic coordinates.

[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), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]

Periodic Reports on Expenditures

Pub. L. 104–293, § 807(c), Oct. 11, 1996, 110 Stat. 3480, provided that:

“Not later than January 1, 1997, the Director of Central Intelligence and the Secretary of Defense shall prescribe guidelines to ensure prompt reporting to the Director and the Secretary on a periodic basis of budget execution data for all national, defense-wide, and tactical intelligence activities.”

[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), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]

Database Program Tracking

Pub. L. 104–293, title VIII, § 807(d), Oct. 11, 1996, 110 Stat. 3481, provided that:

“Not later than January 1, 1999, the Director of Central Intelligence and the Secretary of Defense shall develop and implement a database to provide timely and accurate information on the amounts, purposes, and status of the resources, including periodic budget execution updates, for all national, defense-wide, and tactical intelligence activities.”

[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), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]

Executive Documents

Establishment of the Cyber Threat Intelligence Integration Center

Memorandum of President of the United States, Feb. 25, 2015, 80 F.R. 11317, provided:

Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of the Treasury[,] the Secretary of Commerce[,] the Attorney General[,] the Secretary of Homeland Security[,] the Director of National Intelligence[,] the Chairman of the Joint Chiefs of Staff[,] the Director of the Central Intelligence Agency[,] the Director of the Federal Bureau of Investigation[, and] the Director of the National Security Agency

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows:

Section 1. Establishment of the Cyber Threat Intelligence Integration Center. The Director of National Intelligence (DNI) shall establish a Cyber Threat Intelligence Integration Center (CTIIC). Executive departments and agencies (agencies) shall support the DNI’s efforts to establish the CTIIC, including by providing, as appropriate, personnel and resources needed for the CTIIC to reach full operating capability by the end of fiscal year 2016.

Sec. 2. Responsibilities of the Cyber Threat Intelligence Integration Center. The CTIIC shall:

(a) provide integrated all-source analysis of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests;

(b) support the National Cybersecurity and Communications Integration Center, the National Cyber Investigative Joint Task Force, U.S. Cyber Command, and other relevant United States Government entities by providing access to intelligence necessary to carry out their respective missions;

(c) oversee the development and implementation of intelligence sharing capabilities (including systems, programs, policies, and standards) to enhance shared situational awareness of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests among the organizations referenced in subsection (b) of this section;

(d) ensure that indicators of malicious cyber activity and, as appropriate, related threat reporting contained in intelligence channels are downgraded to the lowest classification possible for distribution to both United States Government and U.S. private sector entities through the mechanism described in section 4 of Executive Order 13636 of February 12, 2013 (Improving Critical Infrastructure Cybersecurity); and

(e) facilitate and support interagency efforts to develop and implement coordinated plans to counter foreign cyber threats to U.S. national interests using all instruments of national power, including diplomatic, economic, military, intelligence, homeland security, and law enforcement activities.

Sec. 3. Implementation. (a) Agencies shall provide the CTIIC with all intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests, subject to applicable law and policy. The CTIIC shall access, assess, use, retain, and disseminate such information, in a manner that protects privacy and civil liberties and is consistent with applicable law, Executive Orders, Presidential directives, and guidelines, such as guidelines established under section 102A(b) of the National Security Act of 1947, as amended, Executive Order 12333 of December 4, 1981 (United States Intelligence Activities), as amended, and Presidential Policy Directive–28; and that is consistent with the need to protect sources and methods.

(b) Within 90 days of the date of this memorandum, the DNI, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, and the Director of the National Security Agency shall provide a status report to the Director of the Office of Management and Budget and the Assistant to the President for Homeland Security and Counterterrorism on the establishment of the CTIIC. This report shall further refine the CTIIC’s mission, roles, and responsibilities, consistent with this memorandum, ensuring that those roles and responsibilities are appropriately aligned with other Presidential policies as well as existing policy coordination mechanisms.

Sec. 4. Privacy and Civil Liberties Protections. Agencies providing information to the CTIIC shall ensure that privacy and civil liberties protections are provided in the course of implementing this memorandum. Such protections shall be based upon the Fair Information Practice Principles or other privacy and civil liberties policies, principles, and frameworks as they apply to each agency’s activities.

Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The DNI is hereby authorized and directed to publish this memorandum in the Federal Register.

Who is the boss of the Director of National Intelligence?

Who is the head of the intelligence division?

Which agency is responsible for foreign intelligence?

Who is the deputy Director of National Intelligence?