The budget justification materials submitted to Congress in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31 shall set forth separately the aggregate amount requested for that fiscal year for the National Intelligence Program for each of the following:
Amounts set forth under subsection (a) may be set forth in unclassified form or classified form, at the election of the Director of National Intelligence.
50 U.S.C. § 3096
EDITORIAL NOTES
CODIFICATIONSection was formerly classified to section 415a of this title prior to editorial reclassification and renumbering as this section.
AMENDMENTS2012-Subsec. (b). Pub. L. 112-87 substituted "Director of National Intelligence." for "Director of Central Intelligence." 2004- Pub. L. 108-458, §1074(b)(1)(A) (ii), struck out "Foreign" before "Intelligence" in section catchline.Subsec. (a). Pub. L. 108-458, §1074(b)(1)(A)(i), substituted "National Intelligence Program" for "National Foreign Intelligence Program".
STATUTORY NOTES AND RELATED SUBSIDIARIES
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 3001 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 3001 of this title.
INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC IN CERTAIN BUDGET JUSTIFICATION MATERIALSPub. L. 118-31, div. G, title III, §7320, Dec. 22, 2023, 137 Stat. 1036, provided that:"(a) INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC.-For the purposes of the congressional budget justification book for the National Intelligence Program (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) for each of fiscal years 2025 through 2027, and for any subsequent fiscal year as the Director of National Intelligence determines appropriate, information with respect to the aggregate amount of funding requested for counternarcotics required to be included as part of the budget justification materials submitted to Congress under section 506(a)(3) of such Act [50 U.S.C. 3096(a)(3)] shall be included as a provision relating to a special topic in such congressional budget justification book."(b) CONTENTS.-With respect to a fiscal year, the special topic provision included in the congressional budget justification book pursuant to subsection (a) regarding the aggregate amount of funding requested for counternarcotics shall include-"(1) a summary of the main activities and investments that such requested funding would support;"(2) a breakdown of such requested funding by program, budget category, intelligence discipline, and any other appropriate classification;"(3) a comparison of aggregate requested funding and aggregate enacted funding for counternarcotics for the current fiscal year and the previous fiscal year;"(4) the number of full-time equivalent civilian and military personnel assigned to the counternarcotics mission of the intelligence community; and "(5) such other information as the Director of National Intelligence determines appropriate."[For definition of "intelligence community" as used in section 7320 of Pub. L. 118-31, set out above, see section 7002 of Pub. L. 118-31, set out as a note under section 3003 of this title.]
- National Intelligence Program
- The term "National Intelligence Program" refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of National Intelligence and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.
- counterintelligence
- The term "counterintelligence" means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
- foreign intelligence
- The term "foreign intelligence" means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
- intelligence community
- The term "intelligence community" includes the following:(A) The Office of the Director of National Intelligence.(B) The Central Intelligence Agency.(C) The National Security Agency.(D) The Defense Intelligence Agency.(E) The National Geospatial-Intelligence Agency.(F) The National Reconnaissance Office.(G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy.(I) The Bureau of Intelligence and Research of the Department of State.(J) The Office of Intelligence and Analysis of the Department of the Treasury.(K) The Office of Intelligence and Analysis of the Department of Homeland Security.(L) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
- intelligence
- The term "intelligence" includes foreign intelligence and counterintelligence.
- national intelligence
- The terms "national intelligence" and "intelligence related to national security" refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that-(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and(B) that involves-(i) threats to the United States, its people, property, or interests;(ii) the development, proliferation, or use of weapons of mass destruction; or(iii) any other matter bearing on United States national or homeland security.