50 U.S.C. § 3113: Unfunded priorities of the…

Summary

Within 10 days after the President’s budget goes to Congress, the head of each intelligence agency or office must send a report to the Director of National Intelligence, the congressional intelligence committees, and the Defense Subcommittees of the House and Senate Appropriations Committees. The report must list that agency’s unfunded priorities for the coming fiscal year. For each unfunded priority the report must give a short description and its goals; say if it would support a covert action or meet a collection need in the National Intelligence Priorities Framework and show the prioritization level; state the extra money needed; and provide budget details (appropriation account, expenditure center, project and subproject if any). Reports must order the items from most to least urgent. An “unfunded priority” is a program, activity, or mission need not in the President’s budget, needed for covert or collection-related intelligence work listed in the Framework, and that would have been recommended for funding if more money had been available or if it arose after the budget was made.

Title 50, §3113

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(a)Annual report

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

(b)Elements

(1)In general

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

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

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

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

(D)Budget information with respect to the unfunded priority, including—

(i)the appropriation account;

(ii)the expenditure center; and

(iii)the project and, if applicable, subproject.

(2)Prioritization of priorities

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

(c)Unfunded priority defined

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

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

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

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

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

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

Editorial Notes

Amendments

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

§3113 Unfunded Priorities of the Intelligence Community: Annual Report

Summary

Title 50, §3113

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata