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Title 50 — War and National Defense

Chapter 44 — National Security

§ 3113. Unfunded priorities of the intelligence community: annual report

Statutory text

(a)

Annual report

Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the head of each element of the intelligence community shall prepare and submit to the Director of National Intelligence, the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on the unfunded priorities of the programs under the jurisdiction of such head.

(b)

Elements

(1)

In general

Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:

(A)

A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).

(B)

Whether such priority will satisfy a covert action or support collection against requirements identified in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities), including a description of such requirements and the related prioritization level.

(C)

The additional amount of funds recommended in connection with the objectives under subparagraph (A).

(D)

Budget information with respect to the unfunded priority, including—

(i)

the appropriation account;

(ii)

the expenditure center; and

(iii)

the project and, if applicable, subproject.

(2)

Prioritization of priorities

Each report shall present the unfunded priorities covered by such report in overall order of urgency of priority among unfunded priorities.

(c)

Unfunded priority defined

In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of an element of the intelligence community that—

(1)

is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;

(2)

is necessary to fulfill a covert action or to satisfy an information requirement associated with the collection, analysis, or dissemination of intelligence that has been documented within the National Intelligence Priorities Framework; and

(3)

would have been recommended for funding by the head of the element of the intelligence community if—

(A)

additional resources had been available for the budget to fund the program, activity, or mission requirement; or

(B)

the program, activity, or mission requirement has emerged since the budget was formulated.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Intelligence Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. F title LXIII § 6315 · 136 Stat. 2395

    Enacted · 50 U.S.C. § 3113

    July 26, 1947, ch. 343, title V, § 514, as added Pub. L. 117–263, div. F, title LXIII, § 6315, Dec. 23, 2022, 136 Stat. 3512

    Source evidence

    Code source credit
    July 26, 1947, ch. 343, title V, § 514, as added Pub. L. 117–263, div. F, title LXIII, § 6315, Dec. 23, 2022, 136 Stat. 3512

    Enacted provision · exact public law section
    SEC. 6315. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.   Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the following new section (and conforming the table of contents at the beginning of such Act accordingly): “SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY: ANNUAL REPORT. “(a) Annual Report.— Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the head of each element of the intelligence community shall submit to the Director of National Intelligence, the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on the unfunded priorities of the programs under the jurisdiction of such head. “(b) Elements.— “(1) In general.— Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following: “(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). “(B) Whether such priority will satisfy a covert action or support collection against requirements identified in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities), including a description of such requirements and the related prioritization level. “(C) The additional amount of funds recommended in connection with the objectives under subparagraph (A). “(D) Budget information with respect to the unfunded priority, including— “(i) the appropriation account; “(ii) the expenditure center; and “(iii) the project and, if applicable, subproject. “(2) Prioritization of priorities.— Each report shall present the unfunded priorities covered by such report in overall order of urgency of priority among unfunded priorities. “(c) Unfunded Priority Defined.— In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement of an element of the intelligence community that— “(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code; “(2) is necessary to fulfill a covert action or to satisfy an information requirement associated with the collection, analysis, or dissemination of intelligence that has been documented within the National Intelligence Priorities Framework; and “(3) would have been recommended for funding by the head of the element of the intelligence community if— “(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or “(B) the program, activity, or mission requirement has emerged since the budget was formulated.” .

  2. Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. G title III § 7312 · 137 Stat. 136

    Inserted · 50 U.S.C. § 3113(a)

    Pub. L. 118–31 inserted “prepare and” after “each element of the intelligence community shall”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–31 inserted “prepare and” after “each element of the intelligence community shall”.

    Enacted provision · exact public law section
    SEC. 7312. ANNUAL REPORT ON UNFUNDED PRIORITIES OF INTELLIGENCE COMMUNITY.   Section 514(a) of the National Security Act of 1947 (50 U.S.C. 3113(a)) is amended by inserting “prepare and” after “each element of the intelligence community shall”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

2023—Subsec. (a). Pub. L. 118–31 inserted “prepare and” after “each element of the intelligence community shall”.

Credits

1947–2023 · 2 acts
  1. 1947July 26, 1947, ch. 343, title V, § 514, as added Pub. L. 117–263, div. F, title LXIII, § 6315, , 136 Stat. 3512
  2. 2023amended Pub. L. 118–31, div. G, title III, § 7312, , 137 Stat. 1030.
Show as published

(July 26, 1947, ch. 343, title V, § 514, as added Pub. L. 117–263, div. F, title LXIII, § 6315, , 136 Stat. 3512; amended Pub. L. 118–31, div. G, title III, § 7312, , 137 Stat. 1030.)

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