Editorial Notes
References in Text
This Act, referred to in subsec. (b), probably means Pub. L. 108–458, Dec. 17, 2004, 118 Stat. 3638, known as the Intelligence Reform and Terrorism Prevention Act of 2004. For complete classification of this Act to the Code, see Tables.
Section 1091 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (d)(2), is section 1091 of Pub. L. 108–458, which is set out as a note under section 3001 of this title.
Section 3 of the National Security Act of 1947, referred to in subsec. (e)(1), was classified to section 401a of this title prior to editorial reclassification and renumbering as section 3003 of this title.
Codification
Section was formerly classified to section 403–3 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.
Prior Provisions
A prior section 103 of act July 26, 1947, ch. 343, title I, as added Pub. L. 102–496, title VII, § 705(a)(3), Oct. 24, 1992, 106 Stat. 3190; amended Pub. L. 103–178, title V, § 502, Dec. 3, 1993, 107 Stat. 2038; Pub. L. 104–293, title VIII, §§ 806, 807(a), Oct. 11, 1996, 110 Stat. 3479, 3480; Pub. L. 107–56, title IX, § 901, Oct. 26, 2001, 115 Stat. 387, related to responsibilities of Director of Central Intelligence, 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 sections 3024 and 3036 of this title.
Another prior section 103 of act July 26, 1947, was renumbered section 107 and is classified to former section 3042 of this title.
Amendments
2017—Subsec. (c)(8). Pub. L. 115–31 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “The National Counterintelligence Executive (including the Office of the National Counterintelligence Executive).”
2012—Subsecs. (e), (f). Pub. L. 112–87 added subsec. (e) and redesignated former subsec. (e) as (f).
2010—Subsec. (b). Pub. L. 111–259, § 804(3), struck out “, the National Security Act of 1947 (50 U.S.C. 401 et seq.),” after “this Act”.
Subsec. (c)(9) to (14). Pub. L. 111–259, § 407(b), added pars. (9) to (13) and redesignated former par. (9) as (14).
Subsec. (e). Pub. L. 111–259, § 403, amended subsec. (e) generally. Prior to amendment, text read as follows: “Commencing as of October 1, 2008, the Office of the Director of National Intelligence may not be co-located with any other element of the intelligence community.”
Statutory Notes and Related Subsidiaries
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.
Intelligence Community Coordinator for Russian Atrocities Accountability
Pub. L. 117–263, div. F, title LXV, § 6512, Dec. 23, 2022, 136 Stat. 3543, provided that:
“(a) Definitions.—In this section:
“(1) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—
“(B)
the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
“(C)
the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
“(2) Atrocity.—
The term ‘atrocity’ means a war crime, crime against humanity, or genocide.
“(3) Commit.—
The term ‘commit’, with respect to an atrocity, includes the planning, committing, aiding, and abetting of such atrocity.
“(5) Russian atrocity.—The term ‘Russian atrocity’ means an atrocity that is committed by an individual who is—
“(A)
a member of the armed forces, or the security or other defense services, of the Russian Federation;
“(B)
an employee of any other element of the Russian Government; or
“(C)
an agent or contractor of an individual specified in subparagraph (A) or (B).
“(b) Intelligence Community Coordinator for Russian Atrocities Accountability.—
“(1) Designation.—
Not later than 30 days after the date of the enactment of this Act [
Dec. 23, 2022], the Director of National
Intelligence shall designate a senior official of the
Office of the Director of National Intelligence to serve as the
intelligence community coordinator for Russian atrocities accountability (in this section referred to as the ‘Coordinator’).
“(2) Duties.—The Coordinator shall oversee the efforts of the intelligence community relating to the following:
“(A)
Identifying, and (as appropriate) disseminating within the United States Government,
intelligence relating to the identification, location, or activities of foreign persons suspected of playing a role in committing Russian atrocities in Ukraine.
“(C)
Addressing any gaps in
intelligence collection relating to the commitment of such Russian atrocities and developing recommendations to address any gaps so identified, including by recommending the modification of the priorities of the
intelligence community with respect to
intelligence collection.
“(D)
Collaborating with appropriate counterparts across the
intelligence community to ensure appropriate coordination on, and integration of the analysis of, the commitment of such Russian atrocities.
“(E)
Identifying
intelligence and other information that may be relevant to preserve evidence of potential war crimes by Russia, consistent with the public commitments of the United States to support investigations into the conduct of Russia.
“(F)
Ensuring the Atrocities Early Warning Task Force and other relevant departments and agencies of the United States Government receive appropriate support from the
intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of
intelligence related to Russian atrocities in Ukraine.
“(3) Plan required.—Not later than 30 days after the date of enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress—
“(A)
the name of the official designated as the Coordinator pursuant to paragraph (1); and
“(B)
the strategy of the
intelligence community for the collection of
intelligence related to Russian atrocities in Ukraine, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy.
“(4) Annual report to congress.—
“(A) Reports required.—Not later than May 1, 2023, and annually thereafter until May 1, 2026, the Director of National Intelligence shall submit to the appropriate committees of Congress a report detailing, for the year covered by the report—
“(i)
the analytical findings and activities of the
intelligence community with respect to Russian atrocities in Ukraine; and
“(ii)
the recipients of information shared pursuant to this section for the purpose of ensuring accountability for such Russian atrocities, and the date of any such sharing.
“(B) Form.—
Each report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of
intelligence sources and methods.
“(C) Supplement.—
The Director of National
Intelligence may supplement an existing reporting requirement with the information required under subparagraph (A) on an annual basis to satisfy that requirement with prior notification of intent to do so to the appropriate committees of
Congress.
“(c) Sunset.—
This section shall cease to have effect on the date that is 4 years after the date of the enactment of this Act [Dec. 23, 2022].”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6512 of Pub. L. 117–263, set out above, see section 6002 of div. F of Pub. L. 117–263, set out as a note under section 3003 of this title.]