50 USC 402 Note: NSA Functions and Information

            
 
          Sec. 402. National Security Council
(a) Establishment; presiding officer; functions; composition

    There is established a council to be known as the National Security 
Council (hereinafter in this section referred to as the ``Council'').
    The President of the United States shall preside over meetings of 
the Council: Provided, That in his absence he may designate a member of 
the Council to preside in his place.
    The function of the Council shall be to advise the President with 
respect to the integration of domestic, foreign, and military policies 
relating to the national security so as to enable the military services 
and the other departments and agencies of the Government to cooperate 
more
effectively in matters involving the national security.
    The Council shall be composed of--
        (1) the President;
        (2) the Vice President;
        (3) the Secretary of State;
        (4) the Secretary of Defense;
        (5) the Director for Mutual Security;
        (6) the Chairman of the National Security Resources Board; and
        (7) the Secretaries and Under Secretaries of other executive 
    departments and of the military departments, the Chairman of the 
    Munitions Board, and the Chairman of the Research and Development 
    Board, when appointed by the President by and with the advice and 
    consent of the Senate, to serve at his pleasure.

(b) Additional functions

    In addition to performing such other functions as the President may 
direct, for the purpose of more effectively coordinating the policies 
and functions of the departments and agencies of the Government relating 
to the national security, it shall, subject to the direction of the 
President, be the duty of the Council--
        (1) to assess and appraise the objectives, commitments, and 
    risks of the United States in relation to our actual and potential 
    military power, in the interest of national security, for the 
    purpose of making recommendations to the President in connection 
    therewith; and
        (2) to consider policies on matters of common interest to the 
    departments and agencies of the Government concerned with the 
    national security, and to make recommendations to the President in 
    connection therewith.

(c) Executive secretary; appointment; staff employees

    The Council shall have a staff to be headed by a civilian executive 
secretary who shall be appointed by the President. The executive 
secretary, subject to the direction of the Council, is authorized, 
subject to the civil-service laws and chapter 51 and subchapter III of 
chapter 53 of title 5, to appoint and fix the compensation of such 
personnel as may be necessary to perform such duties as may be 
prescribed by the Council in connection with the performance of its 
functions.

(d) Recommendations and reports

    The Council shall, from time to time, make such recommendations, and 
such other reports to the President as it deems appropriate or as the 
President may require.

(e) Participation of Chairman or Vice Chairman of Joint Chiefs of Staff

    The Chairman (or in his absence the Vice Chairman) of the Joint 
Chiefs of Staff may, in his role as principal military adviser to the 
National Security Council and subject to the direction of the President, 
attend and participate in meetings of the National Security Council.

(f) Participation by Director of National Drug Control Policy

    The Director of National Drug Control Policy may, in the role of the 
Director as principal adviser to the National Security Council on 
national drug control policy, and subject to the direction of the 
President, attend and participate in meetings of the National Security 
Council.

(g) Board for Low Intensity Conflict

    The President shall establish within the National Security Council a 
board to be known as the ``Board for Low Intensity Conflict''. The 
principal function of the board shall be to coordinate the policies of 
the United States for low intensity conflict.

(h) Committee on Foreign Intelligence

    (1) There is established within the National Security Council a 
committee to be known as the Committee on Foreign Intelligence (in this 
subsection referred to as the ``Committee'').
    (2) The Committee shall be composed of the following:
        (A) The Director of National Intelligence.
        (B) The Secretary of State.
        (C) The Secretary of Defense.
        (D) The Assistant to the President for National Security 
    Affairs, who shall serve as the chairperson of the Committee.
        (E) Such other members as the President may designate.

    (3) The function of the Committee shall be to assist the Council in 
its activities by--
        (A) identifying the intelligence required to address the 
    national security interests of the United States as specified by the 
    President;
        (B) establishing priorities (including funding priorities) among 
    the programs, projects, and activities that address such interests 
    and requirements; and
        (C) establishing policies relating to the conduct of 
    intelligence activities of the United States, including appropriate 
    roles and missions for the elements of the intelligence community 
    and appropriate targets of intelligence collection activities.

    (4) In carrying out its function, the Committee shall--
        (A) conduct an annual review of the national security interests 
    of the United States;
        (B) identify on an annual basis, and at such other times as the 
    Council may require, the intelligence required to meet such 
    interests and establish an order of priority for the collection and 
    analysis of such intelligence; and
        (C) conduct an annual review of the elements of the intelligence 
    community in order to determine the success of such elements in 
    collecting, analyzing, and disseminating the intelligence identified 
    under subparagraph (B).

    (5) The Committee shall submit each year to the Council and to the 
Director of National Intelligence a comprehensive report on its 
activities during the preceding year, including its activities under 
paragraphs (3) and (4).

(i) \1\ Committee on Transnational Threats
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    \1\ So in original. Another subsec. (i) is set out after subsec. 
(j).
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    (1) There is established within the National Security Council a 
committee to be known as the Committee on Transnational Threats (in this 
subsection referred to as the ``Committee'').
    (2) The Committee shall include the following members:
        (A) The Director of National Intelligence.
        (B) The Secretary of State.
        (C) The Secretary of Defense.
        (D) The Attorney General.
        (E) The Assistant to the President for National Security 
    Affairs, who shall serve as the chairperson of the Committee.
        (F) Such other members as the President may designate.

    (3) The function of the Committee shall be to coordinate and direct 
the activities of the United States Government relating to combatting 
transnational threats.
    (4) In carrying out its function, the Committee shall--
        (A) identify transnational threats;
        (B) develop strategies to enable the United States Government to 
    respond to transnational threats identified under subparagraph (A);
        (C) monitor implementation of such strategies;
        (D) make recommendations as to appropriate responses to specific 
    transnational threats;
        (E) assist in the resolution of operational and policy 
    differences among Federal departments and agencies in their 
    responses to transnational threats;
        (F) develop policies and procedures to ensure the effective 
    sharing of information about transnational threats among Federal 
    departments and agencies, including law enforcement agencies and the 
    elements of the intelligence community; and
        (G) develop guidelines to enhance and improve the coordination 
    of activities of Federal law enforcement agencies and elements of 
    the intelligence community outside the United States with respect to 
    transnational threats.

    (5) For purposes of this subsection, the term ``transnational 
threat'' means the following:
        (A) Any transnational activity (including international 
    terrorism, narcotics trafficking, the proliferation of weapons of 
    mass destruction and the delivery systems for such weapons, and 
    organized crime) that threatens the national security of the United 
    States.
        (B) Any individual or group that engages in an activity referred 
    to in subparagraph (A).

(j) Participation of Director of National Intelligence

    The Director of National Intelligence (or, in the Director's 
absence, the Principal Deputy Director of National Intelligence) may, in 
the performance of the Director's duties under this Act and subject to 
the direction of the President, attend and participate in meetings of 
the National Security Council.

(i) \2\ Special Adviser to the President on International Religious 
        Freedom
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    \2\ So in original. Probably should be ``(k)''.
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    It is the sense of the Congress that there should be within the 
staff of the National Security Council a Special Adviser to the 
President on International Religious Freedom, whose position should be 
comparable to that of a director within the Executive Office of the 
President. The Special Adviser should serve as a resource for executive 
branch officials, compiling and maintaining information on the facts and 
circumstances of violations of religious freedom (as defined in section 
6402 of title 22), and making policy recommendations. The Special 
Adviser should serve as liaison with the Ambassador at Large for 
International Religious Freedom, the United States Commission on 
International Religious Freedom, Congress and, as advisable, religious 
nongovernmental organizations.

(July 26, 1947, ch. 343, title I, Sec. 101, 61 Stat. 496; Aug. 10, 1949, 
ch. 412, Sec. 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title XI, 
Sec. 1106(a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V, 
Sec. 501(e)(1), 65 Stat. 378; Pub. L. 99-433, title II, Sec. 203, Oct. 
1, 1986, 100 Stat. 1011; Pub. L. 99-500, Sec. 101(c) [title IX, 
Sec. 9115(f)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-125, and Pub. L. 
99-591, Sec. 101(c) [title IX, Sec. 9115(f)], Oct. 30, 1986, 100 Stat. 
3341-82, 3341-125; Pub. L. 99-661, div. A, title XIII, Sec. 1311(f), 
Nov. 14, 1986, 100 Stat. 3986; Pub. L. 100-690, title I, 
Sec. 1003(a)(3), Nov. 18, 1988, 102 Stat. 4182; Pub. L. 102-496, title 
VII, Sec. 703, Oct. 24, 1992, 106 Stat. 3189; Pub. L. 104-293, title 
VIII, Secs. 802, 804, Oct. 11, 1996, 110 Stat. 3474, 3476; Pub. L. 
105-277, div. C, title VII, Sec. 713(b), Oct. 21, 1998, 112 Stat. 2681-
693; Pub. L. 105-292, title III, Sec. 301, Oct. 27, 1998, 112 Stat. 
2800; Pub. L. 108-458, title I, Secs. 1071(a)(1)(A)-(D), 1072(a)(1), 
Dec. 17, 2004, 118 Stat. 3689, 3692.)

                       References in Text

    The civil-service laws, referred to in subsec. (c), are set forth in 
Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.
    This Act, referred to in subsec. (j), means act July 26, 1947, ch. 
343, 61 Stat. 495, as amended, known as the National Security Act of 
1947. For complete classification of this Act to the Code, see Short 
Title note set out under section 401 of this title and Tables.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
    In subsec. (c), provisions that specified compensation of $10,000 
per year for the executive secretary to the Council were omitted. 
Section 304(b) of Pub. L. 88-426 amended section 105 of Title 3, The 
President, to include the executive secretary of the Council among those 
whose compensation was authorized to be fixed by the President. Section 
1(a) of Pub. L. 95-570 further amended section 105 of Title 3 to 
authorize the President to appoint and fix the pay of the employees of 
the White House Office subject to certain provisions.
    In subsec. (c), ``chapter 51 and subchapter III of chapter 53 of 
title 5'' substituted for ``the Classification Act of 1949, as amended'' 
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, 
the first section of which enacted Title 5, Government Organization and 
Employees.
                               Amendments

    2004--Subsec. (h)(2)(A). Pub. L. 108-458, Sec. 1071(a)(1)(A), 
substituted ``Director of National Intelligence'' for ``Director of 
Central Intelligence''.
    Subsec. (h)(5). Pub. L. 108-458, Sec. 1071(a)(1)(B), substituted 
``Director of National Intelligence'' for ``Director of Central 
Intelligence''.
    Subsec. (i)(2)(A). Pub. L. 108-458, Sec. 1071(a)(1)(C), substituted 
``Director of National Intelligence'' for ``Director of Central 
Intelligence''.
    Subsec. (j). Pub. L. 108-458, Sec. 1072(a)(1), substituted 
``Principal Deputy Director of National Intelligence'' for ``Deputy 
Director of Central Intelligence''.
    Pub. L. 108-458, Sec. 1071(a)(1)(D), substituted ``Director of 
National Intelligence'' for ``Director of Central Intelligence''.
    1998--Subsecs. (f), (g). Pub. L. 105-277 added subsec. (f) and 
redesignated former subsec. (f) as (g).
    Subsec. (i). Pub. L. 105-292 added subsec. (i) relating to Special 
Adviser to the President on International Religious Freedom.
    1996--Subsec. (h). Pub. L. 104-293, Sec. 802(2), added subsec. (h). 
Former subsec. (h) redesignated (j).
    Subsec. (i). Pub. L. 104-293, Sec. 804, added subsec. (i).
    Subsec. (j). Pub. L. 104-293, Sec. 802(1), redesignated subsec. (h) 
as (j).
    1992--Subsec. (h). Pub. L. 102-496 added subsec. (h).
    1988--Subsecs. (f), (g). Pub. L. 100-690, Secs. 1003(a)(3), 
1009, temporarily added subsec. (f), relating to participation by 
Director of National Drug Control Policy in meetings of National 
Security Council, and redesignated former subsec. (f) as (g). See 
Effective and Termination Dates of 1988 Amendment note below.
    1986--Subsec. (e). Pub. L. 99-433 added subsec. (e).
    Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 
amended section identically adding subsec. (f).
    1951--Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating to 
Director for Mutual Security, in fourth paragraph, and renumbered former 
cls. (5) and (6) thereof as cls. (6) and (7), respectively.
    1949--Subsec. (a). Act Aug. 10, 1949, added the Vice President to 
the Council, removed the Secretaries of the military departments, to 
authorize the President to add, with the consent of the Senate, 
Secretaries and Under Secretaries of other executive departments and of 
the military department, and the Chairmen of the Munitions Board and the 
Research and Development Board.
    Subsec. (c). Act Oct. 28, 1949, substituted ``Classification Act of 
1949'' for ``Classification Act of 1923, as amended''.
                    Effective Date of 2004 Amendment

    For Determination by President that amendment by Pub. 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 
401 of this title.
    Amendment by Pub. L. 108-458 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 401 of this title.
            Effective and Termination Dates of 1988 Amendment

    Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and repealed 
on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 
100-690.
                                 Repeals

    Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was 
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, 
Sec. 8, 80 Stat. 632, 655.

                          Transfer of Functions

    Office of Director for Mutual Security abolished and functions of 
Director, including those as a member of National Security Council, 
transferred to Director of Foreign Operations Administration by Reorg. 
Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out in the 
Appendix to Title 5, Government Organization and Employees. Foreign 
Operations Administration abolished by Ex. Ord. No. 10610, May 9, 1955, 
20 F.R. 3179, and its functions and offices transferred to Department of 
State to be administered by International Cooperation Administration. 
For later transfer, see section 2381 of Title 22, Foreign Relations and 
Intercourse, and notes set out under that section.
    National Security Resources Board, together with Office of Chairman, 
abolished by section 6 of Reorg. Plan No. 3 of 1953, eff. June 12, 1953, 
18 F.R. 3375, 67 Stat. 634, set out under section 404 of this title. 
Functions of Chairman with limited exception, including his functions as 
a member of National Security Council transferred to Office of Defense 
Mobilization by section 2(a) of Reorg. Plan No. 3 of 1953. Functions of 
Director of Office of Defense Mobilization with respect to being a 
member of National Security Council transferred to Director of Office of 
Civil and Defense Mobilization by Reorg. Plan No. 1 of 1958, Sec. 4, 
eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended by Pub. L. 
85-763, Aug. 26, 1958, 72 Stat. 861, set out as a note under section 
5195 of Title 42, The Public Health and Welfare. For subsequent 
transfers to Office of Emergency Planning, Office of Emergency 
Preparedness, and President, see Transfer of Functions notes set out 
under section 404 of this title.
    Munitions Board, together with office of Chairman, abolished by 
section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 
3743, 67 Stat. 638, set out in the Appendix to Title 5, Government 
Organization and Employees. All functions vested in Munitions Board 
transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 
of 1953.
    Research and Development Board, together with office of Chairman, 
abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 
18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, 
Government Organization and Employees. Functions vested in Board 
transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 
of 1953.
    National Security Council, together with its functions, records, 
property, personnel, and unexpended balances of appropriations, 
allocations, and other funds (available or to be made available) 
transferred to Executive Office of President by Reorg. Plan No. 4 of 
1949, eff. Aug. 20, 1949, 14 F.R. 5227, 63 Stat. 1067, set out in the 
Appendix to Title 5, Government Organization and Employees.
   Rule of Construction for Duplicate Authorization and Appropriation 
          Provisions of Public Laws 99-500, 99-591, and 99-661

    For rule of construction for certain duplicate provisions of Public 
Laws 99-500, 99-591, and 99-661, see section 6 of Pub. L. 100-26, set 
out as a note under section 2302 of Title 10, Armed Forces.
                    Section as Unaffected by Repeals

    Repeals by section 542(a) of Mutual Security Act of 1954 did not 
repeal amendment to this section by act Oct. 10, 1951.
              Pilot Program on Cryptologic Service Training

    Pub. L. 108-375, div. A, title IX, Sec. 922, Oct. 28, 2004, 118 
Stat. 2029, provided that:
    ``(a) Program Authorized.--The Director of the National Security 
Agency may carry out a pilot program on cryptologic service training for 
the intelligence community.
    ``(b) Objective of Program.--The objective of the pilot program is 
to increase the number of qualified entry-level language analysts and 
intelligence analysts available to the National Security Agency and the 
other elements of the intelligence community through the directed 
preparation and recruitment of qualified entry-level language analysts 
and intelligence analysts who commit to a period of service or a career 
in the intelligence community.
    ``(c) Program Scope.--The pilot program shall be national in scope.
    ``(d) Program Participants.--(1) Subject to the provisions of this 
subsection, the Director shall select the participants in the pilot 
program from among individuals qualified to participate in the pilot 
program utilizing such procedures as the Director considers appropriate 
for purposes of the pilot program.
    ``(2) Each individual who receives financial assistance under the 
pilot program shall perform one year of obli
gated service with the National Security Agency, or another element of 
the intelligence community approved by the Director, for each academic 
year for which such individual receives such financial assistance upon 
such individual's completion of post-secondary education.
    ``(3) Each individual selected to participate in the pilot program 
shall be qualified for a security clearance appropriate for the 
individual under the pilot program.
    ``(4) The total number of participants in the pilot program at any 
one time may not exceed 400 individuals.
    ``(e) Program Management.--In carrying out the pilot program, the 
Director shall--
        ``(1) identify individuals interested in working in the 
    intelligence community, and committed to taking college-level 
    courses that will better prepare them for a career in the 
    intelligence community as a language analyst or intelligence 
    analyst;
        ``(2) provide each individual selected for participation in the 
    pilot program--
            ``(A) financial assistance for the pursuit of courses at 
        institutions of higher education selected by the Director in 
        fields of study that will qualify such individual for employment 
        by an element of the intelligence community as a language 
        analyst or intelligence analyst; and
            ``(B) educational counseling on the selection of courses to 
        be so pursued; and
        ``(3) provide each individual so selected information on the 
    opportunities available for employment in the intelligence 
    community.
    ``(f) Duration of Program.--(1) The Director shall terminate the 
pilot program not later than six years after the date of the enactment 
of this Act [Oct. 28, 2004].
    ``(2) The termination of the pilot program under paragraph (1) shall 
not prevent the Director from continuing to provide assistance, 
counseling, and information under subsection (e) to individuals who are 
participating in the pilot program on the date of termination of the 
pilot program throughout the academic year in progress as of that 
date.''
                  National Security Agency Act of 1959

    Pub. L. 86-36, May 29, 1959, 73 Stat. 63, as amended by Pub. L. 87-
367, title II, Secs. 201, 204, Oct. 4, 1961, 75 Stat. 789, 791; Pub. 
L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Sept. 23, 1950, 
ch. 1024, title III, Sec. 306(a), as added Mar. 26, 1964, Pub. L. 88-
290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title III, 
Sec. 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, Sec. 3(d), 78 
Stat. 1008; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 660; Oct. 
8, 1966, Pub. L. 89-632, Sec. 1(e), 80 Stat. 878; Pub. L. 91-187, 
Sec. 2, Dec. 30, 1969, 83 Stat. 850; Pub. L. 96-450, title IV, 
Sec. 402(a), Oct. 14, 1980, 94 Stat. 1977; Pub. L. 97-89, title VI, 
Secs. 601-603, Dec. 4, 1981, 95 Stat. 1154-1156, eff. Oct. 1, 1981; 
Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100 Stat. 628; Pub. 
L. 99-569, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200; Pub. L. 
101-193, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat. 1709; Pub. L. 
101-194, title V, Sec. 506(c)(2), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 
102-88, title V, Sec. 503, Aug. 14, 1991, 105 Stat. 436; Pub. L. 102-
183, title IV, Sec. 405, Dec. 4, 1991, 105 Stat. 1267; Pub. L. 102-496, 
title III, Sec. 304(a), title IV, Sec. 405, title VIII, Sec. 803(b), 
Oct. 24, 1992, 106 Stat. 3183, 3186, 3253; Pub. L. 103-359, title VIII, 
Sec. 806(b)(2), Oct. 14, 1994, 108 Stat. 3442; Pub. L. 104-106, div. A, 
title X, Sec. 1064(b), Feb. 10, 1996, 110 Stat. 445; Pub. L. 104-201, 
div. A, title XVI, Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751; Pub. 
L. 107-108, title V, Sec. 506, Dec. 28, 2001, 115 Stat. 1406; Pub. L. 
107-306, title VIII, Sec. 841(f), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 
108-177, title III, Sec. 377(c), title V, Sec. 501, Dec. 13, 2003, 117 
Stat. 2630, 2633; Pub. L. 108-487, title V, Sec. 501, Dec. 23, 2004, 118 
Stat. 3950; Pub. L. 109-364, div. A, title IX, Sec. 933, Oct. 17, 2006, 
120 Stat. 2363, provided: ``That this Act [this note] may be cited as 
the `National Security Agency Act of 1959'. [Amended Pub. L. 89-554, 
Sec. 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 96-450, title IV, 
Sec. 402(a)(2), Oct. 14, 1980, 94 Stat. 1978.]
    ``[Sec. 2. Repealed. Pub. L. 104-201, div. A, title XVI, 
Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]
    ``Sec. 3. [Amended section 1581(a) of Title 10, Armed Forces.]
    ``[Sec. 4. Repealed. Pub. L. 104-201, div. A, title XVI, 
Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]
    ``Sec. 5. Officers and employees of the National Security Agency who 
are citizens or nationals of the United States may be granted additional 
compensation, in accordance with regulations which shall be prescribed 
by the Secretary of Defense, not in excess of additional compensation 
authorized by section 207 of the Independent Offices Appropriation Act, 
1949, as amended (5 U.S.C. 118h) [see 5 U.S.C. 5941], for employees 
whose rates of basic compensation are fixed by statute.
    ``Sec. 6. (a) Except as provided in subsection (b) of this section, 
nothing in this Act or any other law (including, but not limited to, the 
first section and section 2 of the Act of August 28, 1935 (5 U.S.C. 654) 
[repealed by Pub. L. 86-626, title I, Sec. 101, July 12, 1960, 74 Stat. 
427]) shall be construed to require the disclosure of the organization 
or any function of the National Security Agency, or any information with 
respect to the activities thereof, or of the names, titles, salaries, or 
number of the persons employed by such agency.
    ``(b) The reporting requirements of section 1582 of title 10, United 
States Code, shall apply to positions established in the National 
Security Agency in the manner provided by section 4 of this Act.
    ``[Sec. 7. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 
Stat. 660.]
    ``Sec. 8. The foregoing provisions of this Act shall take effect on 
the first day of the first pay period which begins later than the 
thirtieth day following the date of enactment of this Act [May 29, 
1959].
    ``Sec. 9. (a) Notwithstanding section 322 of the Act of June 30, 
1932 ([former] 40 U.S.C. 278a), section 5536 of title 5, United States 
Code, and section 2675 of title 10, United States Code, the Director of 
the National Security Agency, on behalf of the Secretary of Defense, may 
lease real property outside the United States, for periods not exceeding 
ten years, for the use of the National Security Agency for special 
cryptologic activities and for housing for personnel assigned to such 
activities.
    ``(b) The Director of the National Security Agency, on behalf of the 
Secretary of Defense, may provide to certain civilian and military 
personnel of the Department of Defense who are assigned to special 
cryptologic activities outside the United States and who are designated 
by the Secretary of Defense for the purposes of this subsection--
        ``(1) allowances and benefits--
            ``(A) comparable to those provided by the Secretary of State 
        to members of the Foreign Service under chapter 9 of title I of 
        the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any 
        other provision of law; and
            ``(B) in the case of selected personnel serving in 
        circumstances similar to those in which personnel of the Central 
        Intelligence Agency serve, comparable to those provided by the 
        Director of Central Intelligence to personnel of the Central 
        Intelligence Agency;
        ``(2) housing (including heat, light, and household equipment) 
    without cost to such personnel, if the Director of the National 
    Security Agency, on behalf of the Secretary of Defense determines 
    that it would be in the public interest to provide such housing; and
        ``(3) special retirement accrual in the same manner provided in 
    section 303 of the Central Intelligence Agency Retirement Act (50 
    U.S.C. 403 note) [50 U.S.C. 2001 et seq.] and in section 18 of the 
    Central Intelligence Agency Act of 1949 [50 U.S.C. 403r].
    ``(c) The authority of the Director of the National Security Agency, 
on behalf of the Secretary of Defense, to make payments under 
subsections (a) and (b), and under contracts for leases entered into 
under subsection (a), is effective for any fiscal year only to the 
extent that appropriated funds are available for such purpose.
    ``(d) Members of the Armed Forces may not receive benefits under 
both subsection (b)(1) and title 37,
United States Code, for the same purpose. The Secretary of Defense shall 
prescribe such regulations as may be necessary to carry out this 
subsection.
    ``(e) Regulations issued pursuant to subsection (b)(1) shall be 
submitted to the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate before such regulations take effect.
    [Amended Pub. L. 102-496, title VIII, Sec. 803(b), Oct. 24, 1992, 
106 Stat. 3253. Amendment by Pub. L. 102-496 effective on first day of 
fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 
102-496, set out as an Effective Date note under section 2001 of this 
title.]
    [Amended Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989, 103 
Stat. 1709.]
    [Amended Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100 
Stat. 628. Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see 
section 702(a) of Pub. L. 99-335, set out as an Effective Date note 
under section 8401 of Title 5, Government Organization and Employees.]
    [Amended Pub. L. 97-89, title VI, Sec. 601, Dec. 4, 1981, 95 Stat. 
1154.]
    [Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 
Stat. 1977.]
    ``Sec. 10. (a) The Director of the National Security Agency shall 
arrange for, and shall prescribe regulations concerning, language and 
language-related training programs for military and civilian cryptologic 
personnel. In establishing programs under this section for language and 
language-related training, the Director--
        ``(1) may provide for the training and instruction to be 
    furnished, including functional and geographic area specializations;
        ``(2) may arrange for training and instruction through other 
    Government agencies and, in any case in which appropriate training 
    or instruction is unavailable through Government facilities, through 
    nongovernmental facilities that furnish training and instruction 
    useful in the fields of language and foreign affairs;
        ``(3) may support programs that furnish necessary language and 
    language-related skills, including, in any case in which appropriate 
    programs are unavailable at Government facilities, support through 
    contracts, grants, or cooperation with nongovernmental educational 
    institutions; and
        ``(4) may obtain by appointment or contract the services of 
    individuals to serve as language instructors, linguists, or special 
    language project personnel.
    ``(b)(1) In order to maintain necessary capability in foreign 
language skills and related abilities needed by the National Security 
Agency, the Director, without regard to subchapter IV of chapter 55 of 
title 5, United States Code, may provide special monetary or other 
incentives to encourage civilian cryptologic personnel of the Agency to 
acquire or retain proficiency in foreign languages or special related 
abilities needed by the Agency.
    ``(2) In order to provide linguistic training and support for 
cryptologic personnel, the Director--
        ``(A) may pay all or part of the tuition and other expenses 
    related to the training of personnel who are assigned or detailed 
    for language and language-related training, orientation, or 
    instruction; and
        ``(B) may pay benefits and allowances to civilian personnel in 
    accordance with chapters 57 and 59 of title 5, United States Code, 
    and to military personnel in accordance with chapter 7 of title 37, 
    United States Code, and applicable provisions of title 10, United 
    States Code, when such personnel are assigned to training at sites 
    away from their designated duty station.
    ``(c)(1) To the extent not inconsistent, in the opinion of the 
Secretary of Defense, with the operation of military cryptologic reserve 
units and in order to maintain necessary capability in foreign language 
skills and related abilities needed by the National Security Agency, the 
Director may establish a cryptologic linguist reserve. The cryptologic 
linguist reserve may consist of former or retired civilian or military 
cryptologic personnel of the National Security Agency and of other 
qualified individuals, as determined by the Director of the Agency. Each 
member of the cryptologic linguist reserve shall agree that, during any 
period of emergency (as determined by the Director), the member shall 
return to active civilian status with the National Security Agency and 
shall perform such linguistic or linguistic-related duties as the 
Director may assign.
    ``(2) In order to attract individuals to become members of the 
cryptologic linguist reserve, the Director, without regard to subchapter 
IV of chapter 55 of title 5, United States Code, may provide special 
monetary incentives to individuals eligible to become members of the 
reserve who agree to become members of the cryptologic linguist reserve 
and to acquire or retain proficiency in foreign languages or special 
related abilities.
    ``(3) In order to provide training and support for members of the 
cryptologic linguist reserve, the Director--
        ``(A) may pay all or part of the tuition and other expenses 
    related to the training of individuals in the cryptologic linguist 
    reserve who are assigned or detailed for language and language-
    related training, orientation, or instruction; and
        ``(B) may pay benefits and allowances in accordance with 
    chapters 57 and 59 of title 5, United States Code, to individuals in 
    the cryptologic linguist reserve who are assigned to training at 
    sites away from their homes or regular places of business.
    ``(d)(1) The Director, before providing training under this section 
to any individual, may obtain an agreement with that individual that--
        ``(A) in the case of current employees, pertains to continuation 
    of service of the employee, and repayment of the expenses of such 
    training for failure to fulfill the agreement, consistent with the 
    provisions of section 4108 of title 5, United States Code; and
        ``(B) in the case of individuals accepted for membership in the 
    cryptologic linguist reserve, pertains to return to service when 
    requested, and repayment of the expenses of such training for 
    failure to fulfill the agreement, consistent with the provisions of 
    section 4108 of title 5, United States Code.
    ``(2) The Director, under regulations prescribed under this section, 
may waive, in whole or in part, a right of recovery under an agreement 
made under this subsection if it is shown that the recovery would be 
against equity and good conscience or against the public interest.
    ``(e)(1) Subject to paragraph (2), the Director may provide to 
family members of military and civilian cryptologic personnel assigned 
to representational duties outside the United States, in anticipation of 
the assignment of such personnel outside the United States or while 
outside the United States, appropriate orientation and language training 
that is directly related to the assignment abroad.
    ``(2) Language training under paragraph (1) may not be provided to 
any individual through payment of the expenses of tuition or other cost 
of instruction at a non-Government educational institution unless 
appropriate instruction is not available at a Government facility.
    ``(f) The Director may waive the applicability of any provision of 
chapter 41 of title 5, United States Code, to any provision of this 
section if he finds that such waiver is important to the performance of 
cryptologic functions.
    ``(g) The authority of the Director to enter into contracts or to 
make grants under this section is effective for any fiscal year only to 
the extent that appropriated funds are available for such purpose.
    ``(h) Regulations issued pursuant to this section shall be submitted 
to the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the Senate 
before such regulations take effect.
    ``(i) The Director of the National Security Agency, on behalf of the 
Secretary of Defense, may, without regard
to section 4109(a)(2)(B) of title 5, United States Code, pay travel, 
transportation, storage, and subsistence expenses under chapter 57 of 
such title to civilian and military personnel of the Department of 
Defense who are assigned to duty outside the United States for a period 
of one year or longer which involves cryptologic training, language 
training, or related disciplines. [Added Pub. L. 96-450, title IV, 
Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978, and amended Pub. L. 97-89, 
title VI, Sec. 602, Dec. 4, 1981, 95 Stat. 1154.]
    ``Sec. 11. (a)(1) The Director of the National Security Agency may 
authorize agency personnel within the United States to perform the same 
functions as officers and agents of the Department of Homeland Security, 
as provided in section 1315(b)(2) of title 40, United States Code, with 
the powers set forth in that section, except that such personnel shall 
perform such functions and exercise such powers--
        ``(A) at the National Security Agency Headquarters complex and 
    at any facilities and protected property which are solely under the 
    administration and control of, or are used exclusively by, the 
    National Security Agency; and
        ``(B) in the streets, sidewalks, and the open areas within the 
    zone beginning at the outside boundary of such facilities or 
    protected property and extending outward 500 feet.
    ``(2) The performance of functions and exercise of powers under 
subparagraph (B) of paragraph (1) shall be limited to those 
circumstances where such personnel can identify specific and articulable 
facts giving such personnel reason to believe that the performance of 
such functions and exercise of such powers is reasonable to protect 
against physical damage or injury, or threats of physical damage or 
injury, to agency installations, property, or employees.
    ``(3) Nothing in this subsection shall be construed to preclude, or 
limit in any way, the authority of any Federal, State, or local law 
enforcement agency, or any other Federal police or Federal protective 
service.
    ``(4) The rules and regulations enforced by such personnel shall be 
the rules and regulations prescribed by the Director and shall only be 
applicable to the areas referred to in subparagraph (A) of paragraph 
(1).
    ``(5) Not later than July 1 each year through 2004, the Director 
shall submit to the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence of the 
Senate a report that describes in detail the exercise of the authority 
granted by this subsection and the underlying facts supporting the 
exercise of such authority, during the preceding fiscal year. The 
Director shall make each such report available to the Inspector General 
of the National Security Agency.
    ``(b) The Director of the National Security Agency is authorized to 
establish penalties for violations of the rules or regulations 
prescribed by the Director under subsection (a). Such penalties shall 
not exceed those specified in section 1315(c)(2) of title 40, United 
States Code.
    ``(c) Agency personnel designated by the Director of the National 
Security Agency under subsection (a) shall be clearly identifiable as 
United States Government security personnel while engaged in the 
performance of the functions to which subsection (a) refers.
    ``(d)(1) Notwithstanding any other provision of law, agency 
personnel designated by the Director of the National Security Agency 
under subsection (a) shall be considered for purposes of chapter 171 of 
title 28, United States Code, or any other provision of law relating to 
tort liability, to be acting within the scope of their office or 
employment when such agency personnel take reasonable action, which may 
include the use of force, to--
        ``(A) protect an individual in the presence of such agency 
    personnel from a crime of violence;
        ``(B) provide immediate assistance to an individual who has 
    suffered or who is threatened with bodily harm; or
        ``(C) prevent the escape of any individual whom such agency 
    personnel reasonably believe to have committed a crime of violence 
    in the presence of such agency personnel.
    ``(2) Paragraph (1) shall not affect the authorities of the Attorney 
General under section 2679 of title 28, United States Code.
    ``(3) In this subsection, the term `crime of violence' has the 
meaning given that term in section 16 of title 18, United States Code. 
[Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 
1978; amended Pub. L. 107-108, title V, Sec. 506, Dec. 28, 2001, 115 
Stat. 1406; Pub. L. 107-306, title VIII, Sec. 841(f), Nov. 27, 2002, 116 
Stat. 2432; Pub. L. 108-177, title III, Sec. 377(c), title V, Sec. 501, 
Dec. 13, 2003, 117 Stat. 2630, 2633.]
    ``Sec. 12. (a)(1) The Secretary of Defense (or his designee) may by 
regulation establish a personnel system for senior civilian cryptologic 
personnel in the National Security Agency to be known as the Senior 
Cryptologic Executive Service. The regulations establishing the Senior 
Cryptologic Executive Service shall--
        ``(A) meet the requirements set forth in section 3131 of title 
    5, United States Code, for the Senior Executive Service;
        ``(B) provide that positions in the Senior Cryptologic Executive 
    Service meet requirements that are consistent with the provisions of 
    section 3132(a)(2) of such title;
        ``(C) provide, without regard to section 2, rates of pay for the 
    Senior Cryptologic Executive Service that are not in excess of the 
    maximum rate or less than the minimum rate of basic pay established 
    for the Senior Executive Service under section 5382 of such title, 
    and that are adjusted at the same time and to the same extent as 
    rates of basic pay for the Senior Executive Service are adjusted;
        ``(D) provide a performance appraisal system for the Senior 
    Cryptologic Executive Service that conforms to the provisions of 
    subchapter II of chapter 43 of such title;
        ``(E) provide for removal consistent with section 3592 of such 
    title, and removal or suspension consistent with subsections (a), 
    (b), and (c) of section 7543 of such title (except that any hearing 
    or appeal to which a member of the Senior Cryptologic Executive 
    Service is entitled shall be held or decided pursuant to procedures 
    established by regulations of the Secretary of Defense or his 
    designee);
        ``(F) permit the payment of performance awards to members of the 
    Senior Cryptologic Executive Service consistent with the provisions 
    applicable to performance awards under section 5384 of such title;
        ``(G) provide that members of the Senior Cryptologic Executive 
    Service may be granted sabbatical leaves consistent with the 
    provisions of section 3396(c) of such title.[;] and
        ``(H) provide for the recertification of members of the Senior 
    Cryptologic Executive Service consistent with the provisions of 
    section 3393a of such title.
    ``(2) Except as otherwise provided in subsection (a), the Secretary 
of Defense (or his designee) may--
        ``(A) make applicable to the Senior Cryptologic Executive 
    Service any of the provisions of title 5, United States Code, 
    applicable to applicants for or members of the Senior Executive 
    Service; and
        ``(B) appoint, promote, and assign individuals to positions 
    established within the Senior Cryptologic Executive Service without 
    regard to the provisions of title 5, United States Code, governing 
    appointments and other personnel actions in the competitive service.
    ``(3) The President, based on the recommendations of the Secretary 
of Defense, may award ranks to members of the Senior Cryptologic 
Executive Service in a manner consistent with the provisions of section 
4507 of title 5, United States Code.
    ``(4) Notwithstanding any other provision of this section, the 
Director of the National Security Agency may detail or assign any member 
of the Senior Cryptologic Executive Service to serve in a position 
outside the National Security Agency in which the member's exper
tise and experience may be of benefit to the National Security Agency or 
another Government agency. Any such member shall not by reason of such 
detail or assignment lose any entitlement or status associated with 
membership in the Senior Cryptologic Executive Service.
    [Amended Pub. L. 104-106, div. A, title X, Sec. 1064(b), Feb. 10, 
1996, 110 Stat. 445.]
    [Amended Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989, 
103 Stat. 1759. Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see 
section 506(d) of Pub. L. 101-194, set out as an Effective Date of 1989 
Amendment note under section 3151 of Title 5, Government Organization 
and Employees.]
    ``Sec. 13. (a) The Director of the National Security Agency may make 
grants to private individuals and institutions for the conduct of 
cryptologic research. An application for a grant under this section may 
not be approved unless the Director determines that the award of the 
grant would be clearly consistent with the national security.
    ``(b) The grant program established by subsection (a) shall be 
conducted in accordance with the Federal Grant and Cooperative Agreement 
Act of 1977 (41 U.S.C. 501 et seq.) [31 U.S.C. 6301 et seq.] to the 
extent that such Act is consistent with and in accordance with section 6 
of this Act.
    ``(c) The authority of the Director to make grants under this 
section is effective for any fiscal year only to the extent that 
appropriated funds are available for such purpose. [Added Pub. L. 97-89, 
title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.]
    ``Sec. 14. Funds appropriated to an entity of the Federal Government 
other than an element of the Department of Defense that have been 
specifically appropriated for the purchase of cryptologic equipment, 
materials, or services with respect to which the National Security 
Agency has been designated as the central source of procurement for the 
Government shall remain available for a period of three fiscal years. 

    ``Sec. 15. (a) No person may, except with the written permission of 
the Director of the National Security Agency, knowingly use the words 
`National Security Agency', the initials `NSA', the seal of the National 
Security Agency, or any colorable imitation of such words, initials, or 
seal in connection with any merchandise, impersonation, solicitation, or 
commercial activity in a manner reasonably calculated to convey the 
impression that such use is approved, endorsed, or authorized by the 
National Security Agency.
    ``(b) Whenever it appears to the Attorney General that any person is 
engaged or is about to engage in an act or practice which constitutes or 
will constitute conduct prohibited by subsection (a), the Attorney 
General may initiate a civil proceeding in a district court of the 
United States to enjoin such act or practice. Such court shall proceed 
as soon as practicable to the hearing and determination of such action 
and may, at any time before final determination, enter such restraining 
orders or prohibitions, or take such other action as is warranted, to 
prevent injury to the United States or to any person or class of persons 
for whose protection the action is brought. [Added Pub. L. 97-89, title 
VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.]
    ``Sec. 16. (a) The purpose of this section is to establish an 
undergraduate training program, which may lead to the baccalaureate 
degree, to facilitate the recruitment of individuals, particularly 
minority high school students, with a demonstrated capability to develop 
skills critical to the mission of the National Security Agency, 
including mathematics, computer science, engineering, and foreign 
languages.
    ``(b) The Secretary of Defense is authorized, in his discretion, to 
assign civilian employees of the National Security Agency as students at 
accredited professional, technical, and other institutions of higher 
learning for training at the undergraduate level in skills critical to 
effective performance of the mission of the Agency.
    ``(c) The National Security Agency may pay, directly or by 
reimbursement to employees, expenses incident to assignments under 
subsection (b), in any fiscal year only to the extent that appropriated 
funds are available for such purpose.
    ``(d)(1) To be eligible for assignment under subsection (b), an 
employee of the Agency must agree in writing--
        ``(A) to continue in the service of the Agency for the period of 
    the assignment and to complete the educational course of training 
    for which the employee is assigned;
        ``(B) to continue in the service of the Agency following 
    completion of the assignment for a period of one-and-a-half years 
    for each year of the assignment or part thereof;
        ``(C) to reimburse the United States for the total cost of 
    education (excluding the employee's pay and allowances) provided 
    under this section to the employee if, prior to the employee's 
    completing the educational course of training for which the employee 
    is assigned, the assignment or the employee's employment with the 
    Agency is terminated either by the Agency due to misconduct by the 
    employee or by the employee voluntarily; and
        ``(D) to reimburse the United States if, after completing the 
    educational course of training for which the employee is assigned, 
    the employee's employment with the Agency is terminated either by 
    the Agency due to misconduct by the employee or by the employee 
    voluntarily, prior to the employee's completion of the service 
    obligation period described in subparagraph (B), in an amount that 
    bears the same ratio to the total cost of the education (excluding 
    the employee's pay and allowances) provided to the employee as the 
    unserved portion of the service obligation period described in 
    subparagraph (B) bears to the total period of the service obligation 
    described in subparagraph (B).
    ``(2) Subject to paragraph (3), the obligation to reimburse the 
United States under an agreement described in paragraph (1), including 
interest due on such obligation, is for all purposes a debt owing the 
United States.
    ``(3)(A) A discharge in bankruptcy under title 11, United States 
Code, shall not release a person from an obligation to reimburse the 
United States required under an agreement described in paragraph (1) if 
the final decree of the discharge in bankruptcy is issued within five 
years after the last day of the combined period of service obligation 
described in subparagraphs (A) and (B) of paragraph (1).
    ``(B) The Secretary of Defense may release a person, in whole or in 
part, from the obligation to reimburse the United States under an 
agreement described in paragraph (1) when, in his discretion, the 
Secretary determines that equity or the interests of the United States 
so require.
    ``(C) The Secretary of Defense shall permit an employee assigned 
under this section who, prior to commencing a second academic year of 
such assignment, voluntarily terminates the assignment or the employee's 
employment with the Agency, to satisfy his obligation under an agreement 
described in paragraph (1) to reimburse the United States by 
reimbursement according to a schedule of monthly payments which results 
in completion of reimbursement by a date five years after the date of 
termination of the assignment or employment or earlier at the option of 
the employee.
    ``(e)(1) When an employee is assigned under this section to an 
institution, the Agency shall disclose to the institution to which the 
employee is assigned that the Agency employs the employee and that the 
Agency funds the employee's education.
    ``(2) Agency efforts to recruit individuals at educational 
institutions for participation in the undergraduate training program 
established by this section shall be made openly and according to the 
common practices of universities and employers recruiting at such 
institutions.
    ``(f) Chapter 41 of title 5 and subsections (a) and (b) of section 
3324 of title 31, United States Code, shall not apply with respect to 
this section.
    ``(g) The Secretary of Defense may issue such regulations as may be 
necessary to implement this section.
[Added Pub. L. 99-569, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 
3200.]
    ``[Sec. 17. Repealed. Pub. L. 103-359, title VIII, Sec. 806(b)(2), 
Oct. 14, 1994, 108 Stat. 3442.]
    ``Sec. 18. (a) The Secretary of Defense may pay the expenses 
referred to in section 5742(b) of title 5, United States Code, in the 
case of any employee of the National Security Agency who dies while on a 
rotational tour of duty within the United States or while in transit to 
or from such tour of duty.
    ``(b) For the purposes of this section, the term `rotational tour of 
duty', with respect to an employee, means a permanent change of station 
involving the transfer of the employee from the National Security Agency 
headquarters to another post of duty for a fixed period established by 
regulation to be followed at the end of such period by a permanent 
change of station involving a transfer of the employee back to such 
headquarters. [Added Pub. L. 102-183, title IV, Sec. 405, Dec. 4, 1991, 
105 Stat. 1267; amended Pub. L. 102-496, title III, Sec. 304(a), Oct. 
24, 1992, 106 Stat. 3183.]
    ``Sec. 19. (a) There is established the National Security Agency 
Emerging Technologies Panel. The Panel is a standing panel of the 
National Security Agency. The Panel shall be appointed by, and shall 
report directly to, the Director of the National Security Agency.
    ``(b) The Panel shall study and assess, and periodically advise the 
Director on, the research, development, and application of existing and 
emerging science and technology advances, advances in encryption, and 
other topics.
    ``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the Panel. [Added Pub. L. 108-487, title V, 
Sec. 501, Dec. 23, 2004, 118 Stat. 3950.]
    ``Sec. 20. (a) The Director may collect charges for evaluating, 
certifying, or validating information assurance products under the 
National Information Assurance Program or successor program.
    ``(b) The charges collected under subsection (a) shall be 
established through a public rulemaking process in accordance with 
Office of Management and Budget Circular No. A-25.
    ``(c) Charges collected under subsection (a) shall not exceed the 
direct costs of the program referred to in that subsection.
    ``(d) The appropriation or fund bearing the cost of the service for 
which charges are collected under the program referred to in subsection 
(a) may be reimbursed, or the Director may require advance payment 
subject to such adjustment on completion of the work as may be agreed 
upon.
    ``(e) Amounts collected under this section shall be credited to the 
account or accounts from which costs associated with such amounts have 
been or will be incurred, to reimburse or offset the direct costs of the 
program referred to in subsection (a).'' [Added Pub. L. 109-364, div. A, 
title IX, Sec. 933, Oct. 17, 2006, 120 Stat. 2363.]
    [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 401 of this title.]

                        Executive Order No. 10483

    Ex. Ord. No. 10483, Sept. 2, 1953, 18 F.R. 5379, as amended by Ex. 
Ord. No. 10598, Feb. 28, 1955, 20 F.R. 1237, which provided for an 
Operations Coordinating Board, was superseded by Ex. Ord. No. 10700, 
Feb. 25, 1957, formerly set out below.

                        Executive Order No. 10700

    Ex. Ord. No. 10700, Feb. 25, 1957, 22 F.R. 1111, as amended by Ex. 
Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 
1958, 23 F.R. 6971; Ex. Ord. 10838, Sept. 16, 1959, 24 F.R. 7519, which 
provided for the Operations Coordinating Board, was revoked by Ex. Ord. 
No. 10920, Feb. 18, 1961, 26 F.R. 1463.

Ex. Ord. No. 13228. Establishing the Office of Homeland Security and the 
                        Homeland Security Council

    Ex. Ord. No. 13228, Oct. 8, 2001, 66 F.R. 51812, as amended by Ex. 
Ord. No. 13284, Sec. 3, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13286, 
Sec. 8, Feb. 28, 2003, 68 F.R. 10622, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, it is hereby ordered as 
follows:
    Section 1. Establishment. I hereby establish within the Executive 
Office of the President an Office of Homeland Security (the ``Office'') 
to be headed by the Assistant to the President for Homeland Security.
    Sec. 2. Mission. The mission of the Office shall be to develop and 
coordinate the implementation of a comprehensive national strategy to 
secure the United States from terrorist threats or attacks. The Office 
shall perform the functions necessary to carry out this mission, 
including the functions specified in section 3 of this order.
    Sec. 3. Functions. The functions of the Office shall be to 
coordinate the executive branch's efforts to detect, prepare for, 
prevent, protect against, respond to, and recover from terrorist attacks 
within the United States.
    (a) National Strategy. The Office shall work with executive 
departments and agencies, State and local governments, and private 
entities to ensure the adequacy of the national strategy for detecting, 
preparing for, preventing, protecting against, responding to, and 
recovering from terrorist threats or attacks within the United States 
and shall periodically review and coordinate revisions to that strategy 
as necessary.
    (b) Detection. The Office shall identify priorities and coordinate 
efforts for collection and analysis of information within the United 
States regarding threats of terrorism against the United States and 
activities of terrorists or terrorist groups within the United States. 
The Office also shall identify, in coordination with the Assistant to 
the President for National Security Affairs, priorities for collection 
of intelligence outside the United States regarding threats of terrorism 
within the United States.
        (i) In performing these functions, the Office shall work with 
    Federal, State, and local agencies, as appropriate, to:
            (A) facilitate collection from State and local governments 
        and private entities of information pertaining to terrorist 
        threats or activities within the United States;
            (B) coordinate and prioritize the requirements for foreign 
        intelligence relating to terrorism within the United States of 
        executive departments and agencies responsible for homeland 
        security and provide these requirements and priorities to the 
        Director of Central Intelligence and other agencies responsible 
        for collection of foreign intelligence;
            (C) coordinate efforts to ensure that all executive 
        departments and agencies that have intelligence collection 
        responsibilities have sufficient technological capabilities and 
        resources to collect intelligence and data relating to terrorist 
        activities or possible terrorist acts within the United States, 
        working with the Assistant to the President for National 
        Security Affairs, as appropriate;
            (D) coordinate development of monitoring protocols and 
        equipment for use in detecting the release of biological, 
        chemical, and radiological hazards; and
            (E) ensure that, to the extent permitted by law, all 
        appropriate and necessary intelligence and law enforcement 
        information relating to homeland security is disseminated to and 
        exchanged among appropriate executive departments and agencies 
        responsible for homeland security and, where appro
        priate for reasons of homeland security, promote exchange of 
        such information with and among State and local governments and 
        private entities.
        (ii) Executive departments and agencies shall, to the extent 
    permitted by law, make available to the Office all information 
    relating to terrorist threats and activities within the United 
    States.
    (c) Preparedness. The Office of Homeland Security shall coordinate 
national efforts to prepare for and mitigate the consequences of 
terrorist threats or attacks within the United States. In performing 
this function, the Office shall work with Federal, State, and local 
agencies, and private entities, as appropriate, to:
        (i) review and assess the adequacy of the portions of all 
    Federal emergency response plans that pertain to terrorist threats 
    or attacks within the United States;
        (ii) coordinate domestic exercises and simulations designed to 
    assess and practice systems that would be called upon to respond to 
    a terrorist threat or attack within the United States and coordinate 
    programs and activities for training Federal, State, and local 
    employees who would be called upon to respond to such a threat or 
    attack;
        (iii) coordinate national efforts to ensure public health 
    preparedness for a terrorist attack, including reviewing vaccination 
    policies and reviewing the adequacy of and, if necessary, increasing 
    vaccine and pharmaceutical stockpiles and hospital capacity;
        (iv) coordinate Federal assistance to State and local 
    authorities and nongovernmental organizations to prepare for and 
    respond to terrorist threats or attacks within the United States;
        (v) ensure that national preparedness programs and activities 
    for terrorist threats or attacks are developed and are regularly 
    evaluated under appropriate standards and that resources are 
    allocated to improving and sustaining preparedness based on such 
    evaluations; and
        (vi) ensure the readiness and coordinated deployment of Federal 
    response teams to respond to terrorist threats or attacks, working 
    with the Assistant to the President for National Security Affairs, 
    when appropriate.
    (d) Prevention. The Office shall coordinate efforts to prevent 
terrorist attacks within the United States. In performing this function, 
the Office shall work with Federal, State, and local agencies, and 
private entities, as appropriate, to:
        (i) facilitate the exchange of information among such agencies 
    relating to immigration and visa matters and shipments of cargo; 
    and, working with the Assistant to the President for National 
    Security Affairs, ensure coordination among such agencies to prevent 
    the entry of terrorists and terrorist materials and supplies into 
    the United States and facilitate removal of such terrorists from the 
    United States, when appropriate;
        (ii) coordinate efforts to investigate terrorist threats and 
    attacks within the United States; and
        (iii) coordinate efforts to improve the security of United 
    States borders, territorial waters, and airspace in order to prevent 
    acts of terrorism within the United States, working with the 
    Assistant to the President for National Security Affairs, when 
    appropriate.
    (e) Protection. The Office shall coordinate efforts to protect the 
United States and its critical infrastructure from the consequences of 
terrorist attacks. In performing this function, the Office shall work 
with Federal, State, and local agencies, and private entities, as 
appropriate, to:
        (i) strengthen measures for protecting energy production, 
    transmission, and distribution services and critical facilities; 
    other utilities; telecommunications; facilities that produce, use, 
    store, or dispose of nuclear material; and other critical 
    infrastructure services and critical facilities within the United 
    States from terrorist attack;
        (ii) coordinate efforts to protect critical public and privately 
    owned information systems within the United States from terrorist 
    attack;
        (iii) develop criteria for reviewing whether appropriate 
    security measures are in place at major public and privately owned 
    facilities within the United States;
        (iv) coordinate domestic efforts to ensure that special events 
    determined by appropriate senior officials to have national 
    significance are protected from terrorist attack;
        (v) coordinate efforts to protect transportation systems within 
    the United States, including railways, highways, shipping, ports and 
    waterways, and airports and civilian aircraft, from terrorist 
    attack;
        (vi) coordinate efforts to protect United States livestock, 
    agriculture, and systems for the provision of water and food for 
    human use and consumption from terrorist attack; and
        (vii) coordinate efforts to prevent unauthorized access to, 
    development of, and unlawful importation into the United States of, 
    chemical, biological, radiological, nuclear, explosive, or other 
    related materials that have the potential to be used in terrorist 
    attacks.
    (f) Response and Recovery. The Office shall coordinate efforts to 
respond to and promote recovery from terrorist threats or attacks within 
the United States. In performing this function, the Office shall work 
with Federal, State, and local agencies, and private entities, as 
appropriate, to:
        (i) coordinate efforts to ensure rapid restoration of 
    transportation systems, energy production, transmission, and 
    distribution systems; telecommunications; other utilities; and other 
    critical infrastructure facilities after disruption by a terrorist 
    threat or attack;
        (ii) coordinate efforts to ensure rapid restoration of public 
    and private critical information systems after disruption by a 
    terrorist threat or attack;
        (iii) work with the National Economic Council to coordinate 
    efforts to stabilize United States financial markets after a 
    terrorist threat or attack and manage the immediate economic and 
    financial consequences of the incident;
        (iv) coordinate Federal plans and programs to provide medical, 
    financial, and other assistance to victims of terrorist attacks and 
    their families; and
        (v) coordinate containment and removal of biological, chemical, 
    radiological, explosive, or other hazardous materials in the event 
    of a terrorist threat or attack involving such hazards and 
    coordinate efforts to mitigate the effects of such an attack.
    (g) Incident Management. Consistent with applicable law, including 
the statutory functions of the Secretary of Homeland Security, the 
Assistant to the President for Homeland Security shall be the official 
primarily responsible for advising and assisting the President in the 
coordination of domestic incident management activities of all 
departments and agencies in the event of a terrorist threat, and during 
and in the aftermath of terrorist attacks, major disasters, or other 
emergencies, within the United States. Generally, the Assistant to the 
President for Homeland Security shall serve as the principal point of 
contact for and to the President with respect to the coordination of 
such activities. The Assistant to the President for Homeland Security 
shall coordinate with the Assistant to the President for National 
Security Affairs, as appropriate.
    (h) Continuity of Government. The Assistant to the President for 
Homeland Security, in coordination with the Assistant to the President 
for National Security Affairs, shall review plans and preparations for 
ensuring the continuity of the Federal Government in the event of a 
terrorist attack that threatens the safety and security of the United 
States Government or its leadership.
    (i) Public Affairs. The Office, subject to the direction of the 
White House Office of Communications, shall coordinate the strategy of 
the executive branch for communicating with the public in the event of a 
terrorist threat or attack within the United States. The Office also 
shall coordinate the development of programs
for educating the public about the nature of terrorist threats and 
appropriate precautions and responses.
    (j) Cooperation with State and Local Governments and Private 
Entities. The Office shall encourage and invite the participation of 
State and local governments and private entities, as appropriate, in 
carrying out the Office's functions.
    (k) Review of Legal Authorities and Development of Legislative 
Proposals. The Office shall coordinate a periodic review and assessment 
of the legal authorities available to executive departments and agencies 
to permit them to perform the functions described in this order. When 
the Office determines that such legal authorities are inadequate, the 
Office shall develop, in consultation with executive departments and 
agencies, proposals for presidential action and legislative proposals 
for submission to the Office of Management and Budget to enhance the 
ability of executive departments and agencies to perform those 
functions. The Office shall work with State and local governments in 
assessing the adequacy of their legal authorities to permit them to 
detect, prepare for, prevent, protect against, and recover from 
terrorist threats and attacks.
    (l) Budget Review. The Assistant to the President for Homeland 
Security, in consultation with the Director of the Office of Management 
and Budget (the ``Director'') and the heads of executive departments and 
agencies, shall identify programs that contribute to the 
Administration's strategy for homeland security and, in the development 
of the President's annual budget submission, shall review and provide 
advice to the heads of departments and agencies for such programs. The 
Assistant to the President for Homeland Security shall provide advice to 
the Director on the level and use of funding in departments and agencies 
for homeland security-related activities and, prior to the Director's 
forwarding of the proposed annual budget submission to the President for 
transmittal to the Congress, shall certify to the Director the funding 
levels that the Assistant to the President for Homeland Security 
believes are necessary and appropriate for the homeland security-related 
activities of the executive branch.
    Sec. 4. Administration.
    (a) The Office of Homeland Security shall be directed by the 
Assistant to the President for Homeland Security.
    (b) The Office of Administration within the Executive Office of the 
President shall provide the Office of Homeland Security with such 
personnel, funding, and administrative support, to the extent permitted 
by law and subject to the availability of appropriations, as directed by 
the Chief of Staff to carry out the provisions of this order.
    (c) Heads of executive departments and agencies are authorized, to 
the extent permitted by law, to detail or assign personnel of such 
departments and agencies to the Office of Homeland Security upon request 
of the Assistant to the President for Homeland Security, subject to the 
approval of the Chief of Staff.
    Sec. 5. Establishment of Homeland Security Council.
    (a) I hereby establish a Homeland Security Council (the 
``Council''), which shall be responsible for advising and assisting the 
President with respect to all aspects of homeland security. The Council 
shall serve as the mechanism for ensuring coordination of homeland 
security-related activities of executive departments and agencies and 
effective development and implementation of homeland security policies.
    (b) The Council shall have as its members the President, the Vice 
President, the Secretary of the Treasury, the Secretary of Defense, the 
Attorney General, the Secretary of Health and Human Services, the 
Secretary of Transportation, the Secretary of Homeland Security, the 
Director of the Federal Emergency Management Agency, the Director of the 
Federal Bureau of Investigation, the Director of Central Intelligence, 
the Assistant to the President for Homeland Security, and such other 
officers of the executive branch as the President may from time to time 
designate. The Chief of Staff, the Chief of Staff to the Vice President, 
the Assistant to the President for National Security Affairs, the 
Counsel to the President, and the Director of the Office of Management 
and Budget also are invited to attend any Council meeting. The Secretary 
of State, the Secretary of Agriculture, the Secretary of the Interior, 
the Secretary of Energy, the Secretary of Labor, the Secretary of 
Commerce, the Secretary of Veterans Affairs, the Administrator of the 
Environmental Protection Agency, the Assistant to the President for 
Economic Policy, and the Assistant to the President for Domestic Policy 
shall be invited to attend meetings pertaining to their 
responsibilities. The heads of other executive departments and agencies 
and other senior officials shall be invited to attend Council meetings 
when appropriate.
    (c) The Council shall meet at the President's direction. When the 
President is absent from a meeting of the Council, at the President's 
direction the Vice President may preside. The Assistant to the President 
for Homeland Security shall be responsible, at the President's 
direction, for determining the agenda, ensuring that necessary papers 
are prepared, and recording Council actions and Presidential decisions.
    Sec. 6. Original Classification Authority. I hereby delegate the 
authority to classify information originally as Top Secret, in 
accordance with Executive Order 12958 [50 U.S.C. 435 note] or any 
successor Executive Order, to the Assistant to the President for 
Homeland Security.
    Sec. 7. Continuing Authorities. This order does not alter the 
existing authorities of United States Government departments and 
agencies, including the Department of Homeland Security. All executive 
departments and agencies are directed to assist the Council and the 
Assistant to the President for Homeland Security in carrying out the 
purposes of this order.
    Sec. 8. General Provisions.
    (a) This order does not create any right or benefit, substantive or 
procedural, enforceable at law or equity by a party against the United 
States, its departments, agencies or instrumentalities, its officers or 
employees, or any other person.
    (b) References in this order to State and local governments shall be 
construed to include tribal governments and United States territories 
and other possessions.
    (c) References to the ``United States'' shall be construed to 
include United States territories and possessions.
    Sec. 9. [Amended Ex. Ord. No. 12656, set out as a note under section 
5195 of this title.]
                                                         George W. Bush.

                        Executive Order No. 13260

    Ex. Ord. No. 13260, Mar. 19, 2002, 67 F.R. 13241, as amended by Ex. 
Ord. No. 13286, Sec. 4, Feb. 28, 2003, 68 F.R. 10619, which established 
the President's Homeland Security Advisory Council and Senior Advisory 
Committees for Homeland Security, was revoked by Ex. Ord. No. 13286, 
Sec. 4, Feb. 28, 2003, 68 F.R. 10619, eff. Mar. 31, 2003.