1. U.S. Code
  2. title 50
  3. chapter 45
  4. subchapter I
  5. § 3312

Collapse to view only § 3312. Repealed.

§ 3301. Multiyear national intelligence program
(a) Annual submission of multiyear national intelligence program
(b) Time of submission
(c) Consistency with budget estimates
(d) Specified congressional committees
The congressional committees referred to in subsection (a) are the following:
(1) The Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(Pub. L. 101–510, div. A, title XIV, § 1403, Nov. 5, 1990, 104 Stat. 1675; Pub. L. 104–106, div. A, title XV, § 1502(c)(4)(B), Feb. 10, 1996, 110 Stat. 507; Pub. L. 106–65, div. A, title X, § 1067(10), Oct. 5, 1999, 113 Stat. 774; Pub. L. 111–259, title VIII, § 805(a)–(d)(1), Oct. 7, 2010, 124 Stat. 2748.)

CITE AS: 50 USC 3301

§ 3302. Identification of constituent components of base intelligence budget

The Director of Central Intelligence shall include the same level of budgetary detail for the Base Budget that is provided for Ongoing Initiatives and New Initiatives to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate in the congressional justification materials for the annual submission of the National Foreign Intelligence Program of each fiscal year.

(Pub. L. 103–359, title VI, § 603, Oct. 14, 1994, 108 Stat. 3433.)

CITE AS: 50 USC 3302

§ 3303. Construction of intelligence community facilities; Presidential authorization
(a) No project for the construction of any facility, or improvement to any facility, having an estimated Federal cost in excess of $300,000, may be undertaken in any fiscal year unless specifically identified as a separate item in the President’s annual fiscal year budget request or otherwise specifically authorized and appropriated if such facility or improvement would be used primarily by personnel of the intelligence community.
(b) As used in this section, the term “intelligence community” has the same meaning given that term in section 3003(4) of this title.
(Pub. L. 103–335, title VIII, § 8131, Sept. 30, 1994, 108 Stat. 2653.)

CITE AS: 50 USC 3303

§ 3304. Limitation on construction of facilities to be used primarily by intelligence community
(a) In general
(1) In general
(2) Notification
(b) Exception
(1) In generalNotwithstanding subsection (a) but subject to paragraphs (2) and (3), a project for the construction of a facility to be used primarily by personnel of any component of the intelligence community may be carried out if the Secretary of Defense and the Director of National Intelligence jointly determine—
(A) that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and
(B) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Act authorizing appropriations for the intelligence community would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
(2) Report
(A) When a decision is made to carry out a construction project under this subsection, the Secretary of Defense and the Director of National Intelligence jointly shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (i) the justification for the project and the current estimate of the cost of the project, (ii) the justification for carrying out the project under this subsection, and (iii) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 7-day period beginning on the date the notification is received by such committees.
(B) Notwithstanding subparagraph (A), a project referred to in paragraph (1) may begin on the date the notification is received by the appropriate committees of Congress under that paragraph if the Director of National Intelligence and the Secretary of Defense jointly determine that—
(i) an emergency exists with respect to the national security or the protection of health, safety, or environmental quality; and
(ii) any delay in the commencement of the project would harm any or all of those interests.
(3) Projects primarily for CIA
(4) Limitation
(c) Application
(Pub. L. 103–359, title VI, § 602, Oct. 14, 1994, 108 Stat. 3432; Pub. L. 108–177, title III, § 314, Dec. 13, 2003, 117 Stat. 2610; Pub. L. 111–259, title VIII, § 809, Oct. 7, 2010, 124 Stat. 2749; Pub. L. 115–31, div. N, title III, § 307, May 5, 2017, 131 Stat. 813; Pub. L. 116–260, div. W, title III, § 309, Dec. 27, 2020, 134 Stat. 2369; Pub. L. 117–103, div. X, title III, § 305, Mar. 15, 2022, 136 Stat. 966.)

CITE AS: 50 USC 3304

§ 3305. Exhibits for inclusion with budget justification books
Beginning with the fiscal year 2010 budget request, the Director of National Intelligence shall include the budget exhibits identified in paragraphs (1) and (2) as described in the Department of Defense Financial Management Regulation with the congressional budget justification books.
(1) For procurement programs requesting more than $20,000,000 in any fiscal year, the P–1, Procurement Program; P–5, Cost Analysis; P–5a, Procurement History and Planning; P–21, Production Schedule; and P–40 1
1 So in original. Probably should be followed by a comma.
Budget Item Justification.
(2) For research, development, test and evaluation projects requesting more than $10,000,000 in any fiscal year, the R–1, RDT&E Program; R–2, RDT&E Budget Item Justification; R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program Schedule Profile.
(Pub. L. 110–329, div. C, title VIII, § 8107, Sept. 30, 2008, 122 Stat. 3644.)

CITE AS: 50 USC 3305

§ 3306. Availability to public of certain intelligence funding information
(a) Budget request
(b) Amounts appropriated each fiscal year
(c) Waiver
(1) In general
The President may waive or postpone the disclosure required by subsection (a) or (b) for a fiscal year by submitting to the Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives—
(A) a statement, in unclassified form, that the disclosure required in subsection (a) or (b) for that fiscal year would damage national security; and
(B) a statement detailing the reasons for the waiver or postponement, which may be submitted in classified form.
(2) Submission dates
The President shall submit the statements required under paragraph (1)—
(A) in the case of a waiver or postponement of a disclosure required under subsection (a), at the time of the submission of the budget for the fiscal year for which such disclosure is waived or postponed; and
(B) in the case of a waiver or postponement of a disclosure required under subsection (b), not later than 30 days after the date of the end of the fiscal year for which such disclosure is waived or postponed.
(d) Definition
(Pub. L. 110–53, title VI, § 601, Aug. 3, 2007, 121 Stat. 335; Pub. L. 111–259, title III, § 364, Oct. 7, 2010, 124 Stat. 2702.)

CITE AS: 50 USC 3306

§ 3307. Communications with the Committees on Armed Services of the Senate and the House of Representatives
(a) Requests of committees
(b) Assertion of privilege
(1) In general
(2) Submission to Congress
(c) Definitions
In this section:
(1) Intelligence community
(2) Intelligence assessment
(3) Intelligence estimate
(Pub. L. 110–181, div. A, title X, § 1079, Jan. 28, 2008, 122 Stat. 334.)

CITE AS: 50 USC 3307

§ 3308. Information access by the Comptroller General of the United States
(a) DNI directive governing access
(1) Requirement for directive
(2) Amendment to directive
(3) Relationship to other laws
The directive issued under paragraph (1) and any amendment to such directive issued under paragraph (2) shall be consistent with the provisions of—
(A) chapter 7 of title 31; and
(B) the National Security Act of 1947 (50 U.S.C. 401 et seq.).
(b) Confidentiality of information
(1) Requirement for confidentiality
(2) Penalties for unauthorized disclosure
(c) Submission to Congress
(1) Submission of directive
(2) Submission of amendment
(d) Effective date
(Pub. L. 111–259, title III, § 348, Oct. 7, 2010, 124 Stat. 2700.)

CITE AS: 50 USC 3308

§ 3308a. Provision of certain information to Government Accountability Office by National Reconnaissance Office
(a) In general
(b) Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(Pub. L. 114–328, div. A, title XVI, § 1620, Dec. 23, 2016, 130 Stat. 2596.)

CITE AS: 50 USC 3308a

§ 3309. Notification of establishment of advisory committee
The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include—
(1) a description of such advisory committee, including the subject matter of such committee;
(2) a list of members of such advisory committee; and
(3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 1003(b)(3) of title 5 that an advisory committee cannot comply with the requirements of chapter 10 of title 5.
(Pub. L. 111–259, title IV, § 410(b), Oct. 7, 2010, 124 Stat. 2725; Pub. L. 113–126, title III, § 329(b)(1), July 7, 2014, 128 Stat. 1406; Pub. L. 117–286, § 4(a)(319), Dec. 27, 2022, 136 Stat. 4341.)

CITE AS: 50 USC 3309

§ 3310. Annual report on United States security arrangements and commitments with other nations
(a) Report requirements
(b) Matters to be includedThe President shall include in each such report the following:
(1) A description of—
(A) each security arrangement with, or commitment to, other nations, whether based upon (i) a formal document (including a mutual defense treaty, a pre-positioning arrangement or agreement, or an access agreement), or (ii) an expressed policy; and
(B) the historical origins of each such arrangement or commitment.
(2) An evaluation of the ability of the United States to meet its commitments based on the projected reductions in the defense structure of the United States.
(3) A plan for meeting each of those commitments with the force structure projected for the future.
(4) An assessment of the need to continue, modify, or discontinue each of those arrangements and commitments in view of the changing international security situation.
(c) Deadline for report
(d) Specified congressional committeesThe congressional committees referred to in subsection (a) are the following:
(1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) The Committee on Armed Services and the Committee on International Relations of the House of Representatives.
(Pub. L. 101–510, div. A, title XIV, § 1457, Nov. 5, 1990, 104 Stat. 1696; Pub. L. 104–106, div. A, title XV, § 1502(c)(4)(C), Feb. 10, 1996, 110 Stat. 507; Pub. L. 106–65, div. A, title X, § 1067(10), Oct. 5, 1999, 113 Stat. 774.)

CITE AS: 50 USC 3310

§ 3311. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations
(a) In generalWhenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following:
(1) The congressional intelligence committees.
(2) The Subcommittee on Defense of the Committee on Appropriations of the Senate.
(3) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(4) In the case of a plan for an element of the intelligence community that is within the Department of Defense, to—
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(b) Head of an applicable agency definedIn this section, the term “head of an applicable agency” includes the following:
(1) The Director of National Intelligence.
(2) The Director of the Central Intelligence Agency.
(3) Each head of each element of the intelligence community that is within the Department of Defense.
(Pub. L. 113–126, title III, § 323, July 7, 2014, 128 Stat. 1401.)

CITE AS: 50 USC 3311

§ 3312. Repealed. Pub. L. 117–263, div. F, title LXIII, § 6316(c), Dec. 23, 2022, 136 Stat. 3513

CITE AS: 50 USC 3312

§ 3313. Notification of memoranda of understanding
(a) In general
(b) Provision of documents
(c) Administrative memorandum or agreement
(Pub. L. 115–31, div. N, title III, § 311, May 5, 2017, 131 Stat. 815; Pub. L. 116–92, div. E, title LXVII, § 6723, Dec. 20, 2019, 133 Stat. 2234.)

CITE AS: 50 USC 3313

§ 3314. Report on national security systems
(a) Appropriate committees of Congress defined
In this section, the term “appropriate committees of Congress” means—
(1) the congressional intelligence committees;
(2) the Committee on Appropriations and the Committee on Armed Services of the Senate; and
(3) the Committee on Appropriations and the Committee on Armed Services of the House of Representatives.
(b) Report
(c) Content
Each report submitted under subsection (b) shall include information related to—
(1) national security systems or components thereof that have been decertified and are still in operational use;
(2) extension requests and the current status of any national security systems still in use or components thereof that have been decertified and are still in use;
(3) national security systems known to not be in compliance with the policies, principles, standards, and guidelines issued by the Committee on National Security Systems established pursuant to National Security Directive 42, signed by the President on July 5, 1990; and
(4) organizations which have not provided access or information to the Director of the National Security Agency that is adequate to enable the Director to make a determination as to whether such organizations are in compliance with the policies, principles, standards, and guidelines issued by such Committee on National Security Systems.
(Pub. L. 115–31, div. N, title VI, § 603, May 5, 2017, 131 Stat. 829.)

CITE AS: 50 USC 3314

§ 3315. Repealed. Pub. L. 117–103, div. X, title V, § 504(e), Mar. 15, 2022, 136 Stat. 988

CITE AS: 50 USC 3315

§ 3316. Submission of intelligence community policies
(a) Definitions
In this section:
(1) Electronic repository
(2) Policy
The term “policy”, with respect to the intelligence community, includes unclassified or classified—
(A) directives, policy guidance, and policy memoranda of the intelligence community;
(B) executive correspondence of the Director of National Intelligence; and
(C) any equivalent successor policy instruments.
(b) Submission of policies
(1) Current policy
(2) Continuous updates
Not later than 15 days after the date on which the Director of National Intelligence issues, modifies, or rescinds a policy of the intelligence community, the Director shall—
(A) notify the congressional intelligence committees of such addition, modification, or removal; and
(B) update the electronic repository with respect to such addition, modification, or removal.
(Pub. L. 116–92, div. E, title LXIII, § 6315, Dec. 20, 2019, 133 Stat. 2194.)

CITE AS: 50 USC 3316

§ 3316a. Reports on intelligence community participation in vulnerabilities equities process of Federal Government
(a) DefinitionsIn this section:
(1) Vulnerabilities Equities Policy and Process document
(2) Vulnerabilities Equities Process
(3) Vulnerability
(b) Reports on process and criteria under Vulnerabilities Equities Policy and Process
(1) In generalNot later than 90 days after December 20, 2019, the Director of National Intelligence shall submit to the congressional intelligence committees a written report describing—
(A) with respect to each element of the intelligence community—
(i) the title of the official or officials responsible for determining whether, pursuant to criteria contained in the Vulnerabilities Equities Policy and Process document or any successor document, a vulnerability must be submitted for review under the Vulnerabilities Equities Process; and
(ii) the process used by such element to make such determination; and
(B) the roles or responsibilities of that element during a review of a vulnerability submitted to the Vulnerabilities Equities Process.
(2) Changes to process or criteria
(3) Form of reports
(c) Annual reports
(1) In generalNot less frequently than once each calendar year, the Director of National Intelligence shall submit to the congressional intelligence committees a classified report containing, with respect to the previous year—
(A) the number of vulnerabilities submitted for review under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in subparagraph (A) disclosed to each vendor responsible for correcting the vulnerability, or to the public, pursuant to the Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the vulnerabilities excluded from review under the Vulnerabilities Equities Process, as described in paragraph 5.4 of the Vulnerabilities Equities Policy and Process document.
(2) Unclassified informationEach report submitted under paragraph (1) shall include an unclassified appendix that contains—
(A) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process; and
(B) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process known to have been patched.
(3) Nonduplication
(4) Publication
(Pub. L. 116–92, div. E, title LXVII, § 6720, Dec. 20, 2019, 133 Stat. 2230; Pub. L. 117–103, div. X, title III, § 307, Mar. 15, 2022,

CITE AS: 50 USC 3316a

§ 3316b. Continuity of operations plans for certain elements of the intelligence community in the case of a national emergency
(a) Definition of covered national emergency
In this section, the term “covered national emergency” means the following:
(1) A major disaster declared by the President under section 5170 of title 42.
(2) An emergency declared by the President under section 5191 of title 42.
(3) A national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).
(4) A public health emergency declared under section 247d of title 42.
(b) In general
(c) Submission to Congress
(1) Director of National Intelligence and Director of the Central Intelligence Agency
(2) Director of National Reconnaissance Office, Director of Defense Intelligence Agency, Director of National Security Agency, and Director of National Geospatial-Intelligence Agency
Not later than 7 days after the date on which a covered national emergency is declared, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit the plan established under subsection (b) for that emergency for the element of the intelligence community concerned to the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Armed Services of the House of Representatives.
(d) Updates
During a covered national emergency, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit any updates to the plans submitted under subsection (c)—
(1) in accordance with that subsection; and
(2) in a timely manner consistent with section 3091 of this title.
(Pub. L. 116–260, div. W, title III, § 303, Dec. 27, 2020, 134 Stat. 2364.)

CITE AS: 50 USC 3316b

§ 3316c. Development of definitions for certain terms relating to intelligence
(a) Development
Not later than September 30, 2023, the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security, in consultation with the heads of the elements of the intelligence community, shall jointly develop and publish definitions for the following terms:
(1) Acoustic intelligence.
(2) All-source intelligence.
(3) Communications intelligence.
(4) Critical intelligence.
(5) Cyber-threat intelligence.
(6) Electronic intelligence.
(7) Explosive ordnance intelligence.
(8) General military intelligence.
(9) Imagery intelligence.
(10) Geospatial intelligence.
(11) Instrumentation signals intelligence.
(12) Intelligence-related activity.
(13) Joint intelligence.
(14) Measurement and signature intelligence.
(15) Medical intelligence.
(16) Open-source intelligence.
(17) Operational intelligence.
(18) Scientific and technical intelligence.
(19) Signals intelligence.
(20) Strategic intelligence.
(21) Tactical intelligence.
(22) Target intelligence.
(23) Technical intelligence.
(24) Such others terms as may be jointly determined necessary by the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security.
(b) Application to activities of intelligence community
(c) Notice of modifications
(d) Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of Representatives and the Senate.
(Pub. L. 117–103, div. X, title III, § 309, Mar. 15, 2022, 136 Stat. 971.)

CITE AS: 50 USC 3316c