Editorial Notes
Codification
Section was formerly classified to section 403–4a of this title prior to editorial reclassification and renumbering as this section.
Amendments
2019—Subsec. (g). Pub. L. 116–92 struck out subsec. (g) which related to foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency.
2012—Subsec. (g)(1). Pub. L. 112–87, § 412(a)(1), inserted “in the Directorate of Intelligence career service or the National Clandestine Service career service” after “an individual” and “or promoted” after “appointed”, substituted “individual has been certified as having a professional speaking and reading proficiency in a foreign language, such proficiency being at least level 3 on the Interagency Language Roundtable Language Skills Level or commensurate proficiency level using such other indicator of proficiency as the Director of the Central Intelligence Agency considers appropriate.” for “individual—”, and struck out subpars. (A) and (B) which related to required level of proficiency in a foreign language and ability to effectively communicate and exercise influence in that language, respectively.
Subsec. (g)(2). Pub. L. 112–87, § 412(a)(2), substituted “position, category of positions, or occupation” for “position or category of positions” in two places.
2010—Subsec. (g)(1). Pub. L. 111–259 substituted “National Clandestine Service” for “Directorate of Operations” in introductory provisions.
2004—Subsec. (g). Pub. L. 108–487 added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–487, title VI, § 611(b), Dec. 23, 2004, 118 Stat. 3955, as amended by Pub. L. 112–87, title IV, § 412(b), Jan. 3, 2012, 125 Stat. 1890, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to appointments or promotions made on or after the date of the enactment of this Act [Dec. 23, 2004].”
Effective Date
For Determination by President that section 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.
Section 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.
Creating an Official Record of the Osama Bin Laden Operation
Pub. L. 112–87, title IV, § 414, Jan. 3, 2012, 125 Stat. 1891, provided that:
“(a) Findings.—Congress finds the following:
“(1)
On May 1, 2011, United States personnel killed terrorist leader Osama bin Laden during the course of a targeted strike against his secret compound in Abbottabad, Pakistan.
“(2)
Osama bin Laden was the leader of the al Qaeda terrorist organization, the most significant terrorism threat to the United States and the international community.
“(3)
Osama bin Laden was the architect of terrorist attacks which killed nearly 3,000 civilians on September 11, 2001, the most deadly terrorist attack against our Nation, in which al Qaeda terrorists hijacked four airplanes and crashed them into the World Trade Center in New York City, the Pentagon in Washington, D.C., and, due to heroic efforts by civilian passengers to disrupt the terrorists, near Shanksville, Pennsylvania.
“(4)
Osama bin Laden planned or supported numerous other deadly terrorist attacks against the United States and its allies, including the 1998 bombings of United States embassies in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in Yemen, and against innocent civilians in countries around the world, including the 2004 attack on commuter trains in Madrid, Spain and the 2005 bombings of the mass transit system in London, England.
“(5)
Following the September 11, 2001, terrorist attacks, the United States, under President George W. Bush, led an international coalition into Afghanistan to dismantle al Qaeda, deny them a safe haven in Afghanistan and ungoverned areas along the Pakistani border, and bring Osama bin Laden to justice.
“(6)
President Barack Obama in 2009 committed additional forces and resources to efforts in Afghanistan and Pakistan as ‘the central front in our enduring struggle against terrorism and extremism’.
“(7)
The valiant members of the United States Armed Forces have courageously and vigorously pursued al Qaeda and its affiliates in Afghanistan and around the world.
“(8)
The anonymous, unsung heroes of the
intelligence community have pursued al Qaeda and affiliates in Afghanistan, Pakistan, and around the world with tremendous dedication, sacrifice, and professionalism.
“(9)
The close collaboration between the Armed Forces and the
intelligence community prompted the Director of National
Intelligence, General James Clapper, to state, ‘Never have I seen a more remarkable example of focused integration, seamless collaboration, and sheer professional magnificence as was demonstrated by the
Intelligence Community in the ultimate demise of Osama bin Laden.’.
“(10)
While the death of Osama bin Laden represents a significant blow to the al Qaeda organization and its affiliates and to terrorist organizations around the world, terrorism remains a critical threat to United States national security.
“(11)
President Obama said, ‘For over two decades, bin Laden has been al Qaeda’s leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our Nation’s effort to defeat al Qaeda.’.
“(b) Sense of Congress.—It is the sense of Congress that—
“(1)
the raid that killed Osama bin Laden demonstrated the best of the
intelligence community’s capabilities and teamwork;
“(2)
for years to come, Americans will look back at this event as a defining point in the history of the United States;
“(3)
it is vitally important that the United States memorialize all the events that led to the raid so that future generations will have an official record of the events that transpired before, during, and as a result of the operation; and
“(4)
preserving this history now will allow the United States to have an accurate account of the events while those that participated in the events are still serving in the Government.
“(c) Report on the Operation That Killed Osama Bin Laden.—
Not later than 90 days after the completion of the report being prepared by the Center for the Study of
Intelligence that documents the history of and lessons learned from the raid that resulted in the death of Osama bin Laden, the Director of the
Central Intelligence Agency shall submit such report to the
congressional intelligence committees.
“(d) Preservation of Records.—
The Director of the
Central Intelligence Agency shall preserve any records, including
intelligence information and assessments, used to generate the report described in subsection (c).”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 414 of Pub. L. 112–87, set out above, see section 2 of Pub. L. 112–87, set out as a note under section 3003 of this title.]
Annual Report on Foreign Companies Involved in the Proliferation of Weapons of Mass Destruction That Raise Funds in the United States Capital Markets
Pub. L. 107–306, title VIII, § 827, Nov. 27, 2002, 116 Stat. 2430, required Director of Central Intelligence to submit annual report on foreign companies involved in the proliferation of weapons of mass destruction that raised or attempted to raise funds in the United States capital markets, prior to repeal by Pub. L. 108–177, title III, § 361(e), Dec. 13, 2003, 117 Stat. 2625.
Executive Documents
Executive Order No. 13355
Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, which related to strengthened management of the Intelligence Community, was revoked by Ex. Ord. No. 12333, § 3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, § 4(j), July 30, 2008, 73 F.R. 45341, set out as a note under section 3001 of this title.
