50 U.S.C. § 3003 — Definitions

Page 559 TITLE 50—WAR AND NATIONAL DEFENSE § 3003 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 401 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1958—Pub. L. 85–599 amended section generally, and, among other changes, provided that each military de- partment shall be separately organized, instead of sepa- rately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relat- ing to establishment of unified or specified combatant commands and for elimination of unnecessary duplica- tion. 1949—Act Aug. 10, 1949, provided that the military de- partments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff. § 3003. Definitions As used in this chapter: (1) The term ‘‘intelligence’’ includes foreign intelligence and counterintelligence. (2) The term ‘‘foreign intelligence’’ means information relating to the capabilities, inten- tions, or activities of foreign governments or elements thereof, foreign organizations, or for- eign persons, or international terrorist activi- ties. (3) The term ‘‘counterintelligence’’ means information gathered, and activities con- ducted, to protect against espionage, other in- telligence activities, sabotage, or assassina- tions conducted by or on behalf of foreign gov- ernments or elements thereof, foreign organi- zations, or foreign persons, or international terrorist activities. (4) The term ‘‘intelligence community’’ in- cludes 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 na- tional 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 Fed- eral Bureau of Investigation, the Drug En- forcement Administration, and the Depart- ment of Energy. (I) The Bureau of Intelligence and Re- search 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 depart- ment or agency as may be designated by the President, or designated jointly by the Di- rector of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. (5) The terms ‘‘national intelligence’’ and ‘‘intelligence related to national security’’ refer to all intelligence, regardless of the source from which derived and including infor- mation 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 peo- ple, 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. (6) The term ‘‘National Intelligence Pro- gram’’ refers to all programs, projects, and ac- tivities of the intelligence community, as well as any other programs of the intelligence com- munity designated jointly by the Director of National Intelligence and the head of a United States department or agency or by the Presi- dent. Such term does not include programs, projects, or activities of the military depart- ments to acquire intelligence solely for the planning and conduct of tactical military op- erations by United States Armed Forces. (7) The term ‘‘congressional intelligence committees’’ means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (July 26, 1947, ch. 343, § 3, as added Pub. L. 102–496, title VII, § 702, Oct. 24, 1992, 106 Stat. 3188; amended Pub. L. 103–359, title V, § 501(a)(1), Oct. 14, 1994, 108 Stat. 3428; Pub. L. 104–201, div. A, title XI, § 1122(b)(1), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 107–56, title IX, § 902, Oct. 26, 2001, 115 Stat. 387; Pub. L. 107–108, title I, § 105, Dec. 28, 2001, 115 Stat. 1397; Pub. L. 107–296, title II, § 201(h), Nov. 25, 2002, 116 Stat. 2149; Pub. L. 107–306, title III, § 353(a), Nov. 27, 2002, 116 Stat. 2401; Pub. L. 108–136, div. A, title IX, § 921(e)(1), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108–177, title I, § 105(d)(1), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108–458, title I, §§ 1012, 1073, 1074(a), Dec. 17, 2004, 118 Stat. 3662, 3693, 3694; Pub. L. 111–259, title IV, § 441, title VIII, § 804(1), Oct. 7, 2010, 124 Stat. 2732, 2747; Pub. L. 112–87, title IV, § 431, title V, § 505(1), Jan. 3, 2012, 125 Stat. 1894, 1897; Pub. L. 117–263, div. F, title LXIV, § 6421, Dec. 23, 2022, 136 Stat. 3530.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 401a of this title prior to editorial reclassification and renumbering as this section. Page 560 TITLE 50—WAR AND NATIONAL DEFENSE § 3003 AMENDMENTS 2022—Par. (4)(H). Pub. L. 117–263 inserted ‘‘the Space Force,’’ after ‘‘the Marine Corps,’’. 2012—Par. (4)(K). Pub. L. 112–87, § 431, amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: ‘‘The elements of the Department of Homeland Security concerned with the analysis of intelligence in- formation.’’ Par. (6). Pub. L. 112–87, § 505(1), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intel- ligence’’. 2010—Par. (4)(H). Pub. L. 111–259, § 441(1), inserted ‘‘the Coast Guard,’’ after ‘‘the Marine Corps,’’ and ‘‘the Drug Enforcement Administration,’’ after ‘‘the Federal Bu- reau of Investigation,’’. Par. (4)(K). Pub. L. 111–259, § 441(2), struck out ‘‘, including the Office of Intelligence of the Coast Guard’’ after ‘‘information’’. Par. (4)(L). Pub. L. 111–259, § 804(1), struck out ‘‘other’’ after ‘‘elements of any’’. 2004—Par. (4). Pub. L. 108–458, § 1073, amended par. (4) generally, substituting provisions defining ‘‘intel- ligence community’’ as including the Office of the Di- rector of National Intelligence and other entities for provisions defining ‘‘intelligence community’’ as in- cluding the Office of the Director of Central Intel- ligence and other entities. Par. (5). Pub. L. 108–458, § 1012, amended par. (5) gen- erally. Prior to amendment, par. (5) read as follows: ‘‘The terms ‘national intelligence’ and ‘intelligence re- lated to the national security’— ‘‘(A) each refer to intelligence which pertains to the interests of more than one department or agency of the Government; and ‘‘(B) do not refer to counterintelligence or law en- forcement activities conducted by the Federal Bu- reau of Investigation except to the extent provided for in procedures agreed to by the Director of Central Intelligence and the Attorney General, or otherwise as expressly provided for in this title.’’ Par. (6). Pub. L. 108–458, § 1074(a), struck out ‘‘For- eign’’ before ‘‘Intelligence Program’’. 2003—Par. (4)(E). Pub. L. 108–136 substituted ‘‘Na- tional Geospatial-Intelligence Agency’’ for ‘‘National Imagery and Mapping Agency’’. Par. (4)(H). Pub. L. 108–177, § 105(d)(1)(A), struck out ‘‘the Department of the Treasury,’’ after ‘‘the Federal Bureau of Investigation,’’. Par. (4)(J) to (L). Pub. L. 108–177, § 105(d)(1)(B), (C), added subpar. (J) and redesignated former subpars. (J) and (K) as (K) and (L), respectively. 2002—Par. (4)(J), (K). Pub. L. 107–296 added subpar. (J) and redesignated former subpar. (J) as (K). Par. (7). Pub. L. 107–306 added par. (7). 2001—Par. (2). Pub. L. 107–56, § 902(1), inserted ‘‘, or international terrorist activities’’ before period at end. Par. (3). Pub. L. 107–56, § 902(2), substituted ‘‘, and ac- tivities conducted,’’ for ‘‘and activities conducted’’. Par. (4)(H). Pub. L. 107–108 struck out ‘‘and’’ before ‘‘the Department of Energy’’ and inserted ‘‘, and the Coast Guard’’ before semicolon. 1996—Par. (4)(E). Pub. L. 104–201 substituted ‘‘Na- tional Imagery and Mapping Agency’’ for ‘‘Central Im- agery Office’’. 1994—Par. (4)(E). Pub. L. 103–359 substituted ‘‘the Cen- tral Imagery Office’’ for ‘‘the central imagery author- ity within the Department of Defense’’. 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 Memo- randum 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces. AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Inter- course, and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of Title 22. DEFINITIONS APPLICABLE TO SPECIFIC ACTS Pub. L. 118–159, div. F, § 6002, Dec. 23, 2024, 138 Stat. 2469, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the Na- tional Security Act of 1947 (50 U.S.C. 3003). ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in such section.’’ Pub. L. 118–31, div. G, § 7002, Dec. 22, 2023, 137 Stat. 1021, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the Na- tional Security Act of 1947 (50 U.S.C. 3003). ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in such section 3.’’ Pub. L. 117–263, div. F, § 6002, Dec. 23, 2022, 136 Stat. 3496, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the Na- tional Security Act of 1947 (50 U.S.C. 3003). ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in such section.’’ Pub. L. 117–103, div. X, § 2, Mar. 15, 2022, 136 Stat. 963, provided that: ‘‘In this division [see Tables for classi- fication]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Permanent Select Committee on Intel- ligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Rep- resentatives; and ‘‘(B) the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).’’ Pub. L. 116–260, div. W, § 2, Dec. 27, 2020, 134 Stat. 2362, provided that: ‘‘In this division [see Tables for classi- fication]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— Page 561 TITLE 50—WAR AND NATIONAL DEFENSE § 3004 ‘‘(A) the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence and the Committee on Appropriations of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).’’ Pub. L. 116–92, div. E, § 5003, Dec. 20, 2019, 133 Stat. 2115, provided that: ‘‘In this division [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ has the meaning given such term in section 3 of the Na- tional Security Act of 1947 (50 U.S.C. 3003). ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).’’ Pub. L. 115–31, div. N, § 2, May 5, 2017, 131 Stat. 807, provided that: ‘‘In this division [see Tables for classi- fication]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 114–113, div. M, § 2, Dec. 18, 2015, 129 Stat. 2910, provided that: ‘‘In this division [see Tables for classi- fication]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 113–293, § 2, Dec. 19, 2014, 128 Stat. 3991, pro- vided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 113–126, § 2, July 7, 2014, 128 Stat. 1391, pro- vided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).’’ Pub. L. 112–87, § 2, Jan. 3, 2012, 125 Stat. 1877, provided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)].’’ Pub. L. 112–18, § 2, June 8, 2011, 125 Stat. 224, provided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)].’’ Pub. L. 111–259, § 2, Oct. 7, 2010, 124 Stat. 2656, provided that: ‘‘In this Act [see Tables for classification]: ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.— The term ‘congressional intelligence committees’ means— ‘‘(A) the Select Committee on Intelligence of the Senate; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)].’’ Executive Documents DELEGATION OF FUNCTIONS For assignment of function of President under par. (5)(A) of this section to Director of National Intel- ligence, see Ex. Ord. No. 12333, § 1.3(a)(1), Dec. 4, 1981, 46 F.R. 59941, as amended, set out as a note under section 3001 of this title. § 3004. Definitions of military departments (a) The term ‘‘Department of the Army’’ as used in this chapter shall be construed to mean the Department of the Army at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Army. (b) The term ‘‘Department of the Navy’’ as used in this chapter shall be construed to mean the Department of the Navy at the seat of the government; the headquarters, United States Marine Corps; the entire operating forces of the United States Navy, including naval aviation, and of the United States Marine Corps, includ- ing the reserve components of such forces; all field activities, headquarters, forces, bases, in- stallations, activities, and functions under the control or supervision of the Department of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law. (c) The term ‘‘Department of the Air Force’’ as used in this chapter shall be construed to mean the Department of the Air Force at the seat of the government and all field head- quarters, forces, reserve components, installa- tions, activities, and functions under the control or supervision of the Department of the Air Force. (July 26, 1947, ch. 343, title II, §§ 205(b), 206, 207, formerly §§ 205(c), 206(a), 207(c), 61 Stat. 501, 502;