§3113 — Title 50 War and National Defense | U.S. Code

Summary

Heads of each part of the intelligence community must, within 10 days after the President’s budget for a fiscal year is sent to Congress under section 1105 of title 31, send a report on their unfunded priorities to the Director of National Intelligence, the congressional intelligence committees, and the Subcommittees on Defense of the Senate and House Appropriations Committees. Each report must list the unfunded priorities in order of urgency. For each unfunded priority the report must give a short description and the goals, say if it supports covert action or answers a need listed in the National Intelligence Priorities Framework (and give that need and its priority level), state the extra amount of money requested, and provide budget details (appropriation account, expenditure center, and project and subproject if any). An “unfunded priority” is a program or requirement that is not in the President’s budget, is needed for covert action or for an intelligence collection/analysis/dissemination need listed in the NIPF, and would have been recommended for funding if more money had been available or if the need arose after the budget was made.

Title 50, §3113

War and National Defense — Source: USLM XML via OLRC

(a)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)(1)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)Each report shall present the unfunded priorities covered by such report in overall order of urgency of priority among unfunded priorities.

(c)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

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