SUBCHAPTER I—BUDGET AND OVERSIGHT
§3301. Multiyear national intelligence program
(a) Annual submission of multiyear national intelligence program
The Director of National Intelligence shall submit to the congressional committees specified in subsection (d) each year a multiyear national intelligence program plan reflecting the estimated expenditures and proposed appropriations required to support that program. Any such multiyear national intelligence program plan shall cover the fiscal year with respect to which the budget is submitted and at least four succeeding fiscal years.
(b) Time of submission
The Director of National Intelligence shall submit the report required by subsection (a) each year at or about the same time that the budget is submitted to Congress pursuant to
(c) Consistency with budget estimates
The Director of National Intelligence and the Secretary of Defense shall ensure that the estimates referred to in subsection (a) are consistent with the budget estimates submitted to Congress pursuant to
(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.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2010—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1999—Subsec. (d)(2).
1996—Subsec. (a).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Short Title of 2023 Amendment
Short Title of 2002 Amendment
Short Title of 2000 Amendment
§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.
(
Editorial Notes
Codification
Section was formerly classified as a note under
Statutory Notes and Related Subsidiaries
Transfer of Functions
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
§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
(
Editorial Notes
Codification
Section was formerly classified to
§3304. Limitation on construction of facilities to be used primarily by intelligence community
(a) In general
(1) In general
Except as provided in subsection (b), no project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost in excess of $6,000,000 may be undertaken in any fiscal year unless such project is specifically identified as a separate item in the President's annual fiscal year budget request and is specifically authorized by the Congress.
(2) Notification
In the case of a project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost greater than $2,000,000 but less than $6,000,000, or where any project for the improvement, repair, or modification of such a facility has an estimated Federal cost greater than $2,000,000, the head of such component, in coordination with and subject to the approval of the Director of National Intelligence, shall submit a notification to the intelligence committees specifically identifying such project.
(b) Exception
(1) In general
Notwithstanding 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
If a project referred to in paragraph (1) is primarily for the Central Intelligence Agency, the Director of the Central Intelligence Agency shall make the determination and submit the report required by paragraphs (1) and (2).
(4) Limitation
A project carried out under this subsection shall be carried out within the total amount of funds appropriated for intelligence and intelligence-related activities that have not been obligated.
(c) Application
This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section 601.
(
Editorial Notes
References in Text
Section 601, referred to in subsec. (c), means section 601 of
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a).
2020—Subsec. (a)(2).
2017—Subsec. (a)(2).
2010—Subsecs. (a)(2), (b)(1), (2)(A), (B).
Subsec. (b)(3).
2003—Subsec. (a).
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Definitions
"(1)
"(2)
§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 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.
(
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Similar Provisions
Provisions similar to those in this section were contained in the following appropriation acts:
1 So in original. Probably should be followed by a comma.
§3306. Availability to public of certain intelligence funding information
(a) Budget request
At the time that the President submits to Congress the budget for a fiscal year pursuant to
(b) Amounts appropriated each fiscal year
Not later than 30 days after the end of each fiscal year, the Director of National Intelligence shall disclose to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such 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
As used in this section, the term "National Intelligence Program" has the meaning given the term in
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2010—
Statutory Notes and Related Subsidiaries
Increased Transparency Regarding Counterterrorism Budget of the United States
"(a)
"(1) Consistent with section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (
"(A) around the date on which the President submits to Congress a budget for a fiscal year pursuant to
"(B) the amount of requested and appropriated funds for the National Intelligence Program and Military Intelligence Program for certain prior fiscal years, consistent with the protection of intelligence sources and methods.
"(2) The Directorate of Strategic Operational Planning of the National Counterterrorism Center is responsible for producing an annual National Counterterrorism Budget report, which examines the alignment of intelligence and other resources in the applicable fiscal year budget with the counterterrorism goals and areas of focus in the National Strategy for Counterterrorism.
"(b)
"(1) despite the difficulty of compiling and releasing to the public comprehensive information on the resource commitments of the United States to counterterrorism activities and programs, including with respect to such activities and programs of the intelligence community, the United States Government could take additional steps to enhance the understanding of the public with respect to such resource commitments, in a manner consistent with the protection of intelligence sources and methods and other national security interests; and
"(2) the United States Government should release to the public as much information as possible regarding the funding of counterterrorism activities and programs, including activities and programs of the intelligence community, in a manner consistent with the protection of intelligence sources and methods and other national security interests.
"(c)
"(1)
"(2)
"(A) subject to paragraph (3), releasing to the public the National Counterterrorism Budget report described in subsection (a)(2) for the prior fiscal year; and
"(B) declassifying other reports, documents, or activities of the intelligence community relating to counterterrorism and releasing such information to the public in a manner consistent with the protection of intelligence sources and methods and other national security interests.
"(3)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 5702 of
§3307. Communications with the Committees on Armed Services of the Senate and the House of Representatives
(a) Requests of committees
The Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any element of the intelligence community shall, not later than 45 days after receiving a written request from the Chair or ranking minority member of the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives for any existing intelligence assessment, report, estimate, or legal opinion relating to matters within the jurisdiction of such Committee, make available to such committee such assessment, report, estimate, or legal opinion, as the case may be.
(b) Assertion of privilege
(1) In general
In response to a request covered by subsection (a), the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any element of the intelligence community shall provide to the Committee making such request the document or information covered by such request unless the President determines that such document or information shall not be provided because the President is asserting a privilege pursuant to the Constitution of the United States.
(2) Submission to Congress
The White House Counsel shall submit to Congress in writing any assertion by the President under paragraph (1) of a privilege pursuant to the Constitution.
(c) Definitions
In this section:
(1) Intelligence community
The term "intelligence community" has the meaning given the term in
(2) Intelligence assessment
The term "intelligence assessment" means an intelligence-related analytical study of a subject of policy significance and does not include building-block papers, research projects, and reference aids.
(3) Intelligence estimate
The term "intelligence estimate" means an appraisal of available intelligence relating to a specific situation or condition with a view to determining the courses of action open to an enemy or potential enemy and the probable order of adoption of such courses of action.
(
Editorial Notes
Codification
Section was formerly classified to
§3308. Information access by the Comptroller General of the United States
(a) DNI directive governing access
(1) Requirement for directive
The Director of National Intelligence, in consultation with the Comptroller General of the United States, shall issue a written directive governing the access of the Comptroller General to information in the possession of an element of the intelligence community.
(2) Amendment to directive
The Director of National Intelligence, in consultation with the Comptroller General, may issue an amendment to the directive issued under paragraph (1) at any time the Director determines such an amendment is appropriate.
(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)
(B) the National Security Act of 1947 (
(b) Confidentiality of information
(1) Requirement for confidentiality
The Comptroller General of the United States shall ensure that the level of confidentiality of information made available to the Comptroller General pursuant to the directive issued under subsection (a)(1) or an amendment to such directive issued under subsection (a)(2) is not less than the level of confidentiality of such information required of the head of the element of the intelligence community from which such information was obtained.
(2) Penalties for unauthorized disclosure
An officer or employee of the Government Accountability Office shall be subject to the same statutory penalties for unauthorized disclosure or use of such information as an officer or employee of the element of the intelligence community from which such information was obtained.
(c) Submission to Congress
(1) Submission of directive
The directive issued under subsection (a)(1) shall be submitted to Congress by the Director of National Intelligence, together with any comments of the Comptroller General of the United States, no later than May 1, 2011.
(2) Submission of amendment
Any amendment to such directive issued under subsection (a)(2) shall be submitted to Congress by the Director, together with any comments of the Comptroller General.
(d) Effective date
The directive issued under subsection (a)(1) and any amendment to such directive issued under subsection (a)(2) shall take effect 60 days after the date such directive or amendment is submitted to Congress under subsection (c), unless the Director determines that for reasons of national security the directive or amendment should take effect sooner.
(
Editorial Notes
References in Text
The National Security Act of 1947, referred to in subsec. (a)(3)(B), is act July 26, 1947, ch. 343,
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Definition
For definition of "intelligence community", see section 2 of
§3308a. Provision of certain information to Government Accountability Office by National Reconnaissance Office
(a) In general
The Director of the National Reconnaissance Office shall provide to the Comptroller General of the United States, in a timely manner, access to the cost, schedule, and performance information the Comptroller General requires to conduct assessments, as required by any of the appropriate congressional committees, of programs of the National Reconnaissance Office.
(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.
(
Statutory Notes and Related Subsidiaries
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
§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
(
Editorial Notes
Codification
Section was formerly classified as a note under
Amendments
2022—Par. (3).
2014—
Statutory Notes and Related Subsidiaries
Definition
For definition of "congressional intelligence committees" referred to in text, see section 2 of
§3310. Annual report on United States security arrangements and commitments with other nations
(a) Report requirements
The President shall submit to the congressional committees specified in subsection (d) each year a report (in both classified and unclassified form) on United States security arrangements with, and commitments to, other nations.
(b) Matters to be included
The 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
The President shall submit the report required by subsection (a) not later than February 1 of each year.
(d) Specified congressional committees
The 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.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1999—Subsec. (d)(2).
1996—Subsec. (a).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§3311. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations
(a) In general
Whenever 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 defined
In 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.
(
Statutory Notes and Related Subsidiaries
Definition
For definition of "congressional intelligence committees" referred to in subsec. (a)(1), see section 2 of
§3312. Repealed. Pub. L. 117–263, div. F, title LXIII, §6316(c), Dec. 23, 2022, 136 Stat. 3513
Section,
§3313. Notification of memoranda of understanding
(a) In general
Each year, concurrent with the annual budget request submitted by the President to Congress under
(b) Provision of documents
Each head of an element of an intelligence community who receives a request from the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a memorandum of understanding or other document listed in a report submitted by the head under subsection (a) shall submit to such committee the requested copy as soon as practicable after receiving such request.
(c) Administrative memorandum or agreement
Nothing in this section may be construed to require an element of the intelligence community to submit to the congressional intelligence committees any memorandum or agreement that is solely administrative in nature, including a memorandum or agreement regarding joint duty or other routine personnel assignments.
(
Editorial Notes
Amendments
2019—
"(1) for such a memorandum or agreement that is in effect on May 5, 2017, not later than 60 days after such date; and
"(2) for such a memorandum or agreement entered into after such date, in a timely manner and not more than 60 days after the date such memorandum or other agreement is entered into."
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "intelligence community" and "congressional intelligence committees", referred to in text, see section 2 of div. N of
§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
Not later than 120 days after May 5, 2017, and annually thereafter, the Director of the National Security Agency, in coordination with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate committees of Congress a report on national security systems.
(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.
(
Statutory Notes and Related Subsidiaries
Definitions
For definition of "congressional intelligence committees", referred to in text, see section 2 of div. N of
§3315. Repealed. Pub. L. 117–103, div. X, title V, §504(e), Mar. 15, 2022, 136 Stat. 988
Section,
§3316. Submission of intelligence community policies
(a) Definitions
In this section:
(1) Electronic repository
The term "electronic repository" means the electronic distribution mechanism, in use as of December 20, 2019, or any successor electronic distribution mechanism, by which the Director of National Intelligence submits to the congressional intelligence committees information.
(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
Not later than 180 days after December 20, 2019, the Director of National Intelligence shall submit to the congressional intelligence committees using the electronic repository all nonpublicly available policies issued by the Director of National Intelligence for the intelligence community that are in effect as of the date of the submission.
(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.
(
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "intelligence community" and "congressional intelligence committees", referred to in text, see section 5003 of div. E of
§3316a. Reports on intelligence community participation in vulnerabilities equities process of Federal Government
(a) Definitions
In this section:
(1) Vulnerabilities Equities Policy and Process document
The term "Vulnerabilities Equities Policy and Process document" means the executive branch document entitled "Vulnerabilities Equities Policy and Process" dated November 15, 2017.
(2) Vulnerabilities Equities Process
The term "Vulnerabilities Equities Process" means the interagency review of vulnerabilities, pursuant to the Vulnerabilities Equities Policy and Process document or any successor document.
(3) Vulnerability
The term "vulnerability" means a weakness in an information system or its components (for example, system security procedures, hardware design, and internal controls) that could be exploited or could affect confidentiality, integrity, or availability of information.
(b) Reports on process and criteria under Vulnerabilities Equities Policy and Process
(1) In general
Not 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
Not later than 30 days after any significant change is made to the process and criteria used by any element of the intelligence community for determining whether to submit a vulnerability for review under the Vulnerabilities Equities Process, such element shall submit to the congressional intelligence committees a report describing such change.
(3) Form of reports
Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.
(c) Annual reports
(1) In general
Not 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 information
Each 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
The Director of National Intelligence may forgo submission of an annual report required under this subsection for a calendar year, if the Director notifies the intelligence committees in writing that, with respect to the same calendar year, an annual report required by paragraph 4.3 of the Vulnerabilities Equities Policy and Process document already has been submitted to Congress, and such annual report contains the information that would otherwise be required to be included in an annual report under this subsection.
(4) Publication
The Director of National Intelligence shall make available to the public each unclassified appendix submitted with a report under paragraph (1) pursuant to paragraph (2).
(
Editorial Notes
Amendments
2022—Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "congressional intelligence committees" and "intelligence community", referred to in text, see section 5003 of div. E of
§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
(2) An emergency declared by the President under
(3) A national emergency declared by the President under the National Emergencies Act (
(4) A public health emergency declared under
(b) In general
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 establish continuity of operations plans for use in the case of covered national emergencies for the element of the intelligence community concerned.
(c) Submission to Congress
(1) Director of National Intelligence and Director of the Central Intelligence Agency
Not later than 7 days after the date on which a covered national emergency is declared, the Director of National Intelligence and the Director of the Central Intelligence Agency shall each submit to the congressional intelligence committees the plan established under subsection (b) for that emergency for the element of the intelligence community concerned.
(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
(
Editorial Notes
References in Text
The National Emergencies Act, referred to in subsec. (a)(3), is
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "congressional intelligence committees" and "intelligence community", referred to in text, see section 2 of div. W of
§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
The Director of National Intelligence shall ensure that the definitions developed under subsection (a) are used uniformly across activities of the intelligence community with respect to the corresponding terms specified in such subsection.
(c) Notice of modifications
The Director of National Intelligence and the Under Secretary of Defense for Intelligence shall submit to the appropriate congressional committees notification of any modification by the Director and Under Secretary to a definition of a term specified in subsection (a) following the initial publication of the definition under such subsection.
(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.
(
Statutory Notes and Related Subsidiaries
Requirement to Develop Lexicon for Terms Relating to Gray Zone Activities
["(b)
"(5)
"(A)
"(i) falls between ordinary statecraft and open warfare;
"(ii) is carried out with an intent to maximize the advancement of interests of the state without provoking a kinetic military response by the United States; and
"(iii) falls on a spectrum that ranges from covert adversary operations, to detectible covert adversary operations, to unattributable adversary operations, to deniable adversary operations, to open adversary operations.
"(B)
"(i) the adversary intends to remain below the threshold at which the United States detects the operation; and
"(ii) does stay below such threshold.
"(C)
"(i) the adversary intends to remain below the threshold at which the United States detects the operation; but
"(ii) is ultimately detected by the United States at a level below the level at which the United States will publicly attribute the operation to the adversary.
"(D)
"(E)
"(i) the adversary intends to be detected and publicly or privately attributed by the United States; and
"(ii) the adversary intends to deny, to limit the response by the United States, and any allies of the United States.
"(F)
"(c)
"(1)
"(2)
"(A) more accurately describes a concept associated with gray zone activities; or
"(B) is preferable for any other reason.
"(3)
"(A)
"(B)
Definitions
For definitions of "congressional intelligence committees" and "intelligence community", referred to in text, see section 2 of div. X of