[USC02] 50 USC CHAPTER 45, SUBCHAPTER I: BUDGET AND OVERSIGHT
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50 USC CHAPTER 45, SUBCHAPTER I: BUDGET AND OVERSIGHT
From Title 50—WAR AND NATIONAL DEFENSECHAPTER 45—MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES

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 section 1105(a) of title 31.

(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 section 1105(a) of title 31 for the fiscal year concerned and with the estimated expenditures and proposed appropriations for the future-years defense program submitted pursuant to section 221 of title 10.

(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.)

Codification

Section was formerly classified to section 404b of this title prior to editorial reclassification and renumbering as this section.

Amendments

2010Pub. L. 111–259, §805(d)(1), struck out "foreign" after "national" in section catchline.

Subsec. (a). Pub. L. 111–259, §805(a), (b)(1), struck out "foreign" after "national" wherever appearing in heading and text and substituted "Director of National Intelligence" for "Director of Central Intelligence" in text.

Subsec. (b). Pub. L. 111–259, §805(b)(2), inserted "of National Intelligence" after "Director".

Subsec. (c). Pub. L. 111–259, §805(b)(1), (c), substituted "Director of National Intelligence" for "Director of Central Intelligence" and "future-years defense program submitted pursuant to section 221 of title 10" for "multiyear defense program submitted pursuant to section 114a of title 10".

1999—Subsec. (d)(2). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security".

1996—Subsec. (a). Pub. L. 104–106, §1502(c)(4)(B)(i), substituted "the congressional committees specified in subsection (d) each year" for "the Committees on Armed Services and Appropriations of the Senate and the House of Representatives and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives each year".

Subsec. (d). Pub. L. 104–106, §1502(c)(4)(B)(ii), added subsec. (d).

Short Title of 2002 Amendment

Pub. L. 107–306, title IX, §901(a), Nov. 27, 2002, 116 Stat. 2432, provided that: "This title [see Tables for classification] may be cited as the 'Counterintelligence Enhancement Act of 2002'."

§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.)

Codification

Section was formerly classified as a note under section 403–1 of this title prior to editorial reclassification as this section.

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 Pub. L. 108–458, set out as a note under section 3001 of this title.

§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.)

Codification

Section was formerly classified to section 403–2a of this title prior to editorial reclassification and renumbering as this section.

§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 $5,000,000 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 $1,000,000 but less than $5,000,000, or where any project for the improvement, repair, or modification of such a facility has an estimated Federal cost greater than $1,000,000, 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.

(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.)

References in Text

Section 601, referred to in subsec. (c), means section 601 of Pub. L. 103–359, title VI, Oct. 14, 1994, 108 Stat. 3431, which is not classified to the Code.

Codification

Section was formerly classified to section 403–2b of this title prior to editorial reclassification and renumbering as this section.

Amendments

2017—Subsec. (a)(2). Pub. L. 115–31 substituted "project for the improvement, repair, or modification of" for "improvement project to".

2010—Subsecs. (a)(2), (b)(1), (2)(A), (B). Pub. L. 111–259, §809(1), (2)(A), (B), substituted "Director of National Intelligence" for "Director of Central Intelligence".

Subsec. (b)(3). Pub. L. 111–259, §809(2)(C), substituted "Director of the Central Intelligence Agency" for "Director of Central Intelligence".

2003—Subsec. (a). Pub. L. 108–177, §314(a), substituted "$5,000,000" for "$750,000" in pars. (1) and (2) and "$1,000,000" for "$500,000" in two places in par. (2).

Subsec. (b)(2). Pub. L. 108–177, §314(b), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, substituted "7-day period" for "21-day period", and added subpar. (B).

Definitions

Pub. L. 103–359, title VI, §604, Oct. 14, 1994, 108 Stat. 3433, provided that: "As used in this title [enacting this section and section 3302 of this title]:

"(1) Intelligence committees.—The term 'intelligence committees' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

"(2) Intelligence community.—The term 'intelligence community' has the same 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)])."

§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.

(Pub. L. 110–329, div. C, title VIII, §8107, Sept. 30, 2008, 122 Stat. 3644.)

Codification

Section was formerly classified to section 415a–2 of this title prior to editorial reclassification and renumbering as this section.

Similar Provisions

Provisions similar to those in this section were contained in the following appropriation acts:

Pub. L. 113–6, div. C, title VIII, §8087, Mar. 26, 2013, 127 Stat. 317.

Pub. L. 112–74, div. A, title VIII, §8090, Dec. 23, 2011, 125 Stat. 827.

Pub. L. 112–10, div. A, title VIII, §8091, Apr. 15, 2011, 125 Stat. 77.

Pub. L. 111–118, div. A, title VIII, §8100, Dec. 19, 2009, 123 Stat. 3450.

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 section 1105 of title 31, the President shall disclose to the public the aggregate amount of appropriations requested for that fiscal year for the National Intelligence Program.

(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 section 3003(6) of this title.

(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.)

Codification

Section was formerly classified to section 415c of this title prior to editorial reclassification and renumbering as this section.

Amendments

2010Pub. L. 111–259 amended section generally. Prior to amendment, section related to availability to public of certain intelligence funding information.

§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 section 3003(4) of this title.

(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.

(Pub. L. 110–181, div. A, title X, §1079, Jan. 28, 2008, 122 Stat. 334.)

Codification

Section was formerly classified to section 413c of this title prior to editorial reclassification and renumbering as this section.

§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) 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

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.

(Pub. L. 111–259, title III, §348, Oct. 7, 2010, 124 Stat. 2700.)

References in Text

The National Security Act of 1947, referred to in subsec. (a)(3)(B), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 403–9 of this title prior to editorial reclassification and renumbering as this section.

Definition

For definition of "intelligence community", see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.

§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.

(Pub. L. 114–328, div. A, title XVI, §1620, Dec. 23, 2016, 130 Stat. 2596.)

"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 Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.

§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 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act.

(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.)

References in Text

Section 4(b)(3) of the Federal Advisory Committee Act, referred to in par. (3), is section 4(b)(3) of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

Codification

Section was formerly classified as a note under section 405 of this title prior to editorial reclassification as this section.

Amendments

2014Pub. L. 113–126 amended section generally. Prior to amendment, section related to annual report on advisory committees created by Director of National Intelligence and Director of the Central Intelligence Agency, contents of report, and inclusion of reasons for ODNI exclusion of advisory committee from Federal Advisory Committee Act.

Definition

For definition of "congressional intelligence committees" referred to in text, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.

§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.

(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.)

Codification

Section was formerly classified to section 404c of this title prior to editorial reclassification and renumbering as this section.

Amendments

1999—Subsec. (d)(2). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security".

1996—Subsec. (a). Pub. L. 104–106, §1502(c)(4)(C)(i), substituted "shall submit to the congressional committees specified in subsection (d) each year" for "shall submit to the Committees on Armed Services and on Foreign Affairs of the House of Representatives and the Committees on Armed Services and Foreign Relations of the Senate each year".

Subsec. (c). Pub. L. 104–106, §1502(c)(4)(C)(ii), substituted "The President" for "(1) Except as provided in paragraph (2), the President" and struck out par. (2) which read as follows: "In the case of the report required to be submitted in 1991, the evaluation, plan, and assessment referred to in paragraphs (2), (3), and (4) of subsection (b) may be submitted not later than May 1, 1991."

Subsec. (d). Pub. L. 104–106, §1502(c)(4)(C)(iii), added subsec. (d).

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.

(Pub. L. 113–126, title III, §323, July 7, 2014, 128 Stat. 1401.)

Definition

For definition of "congressional intelligence committees" referred to in subsec. (a)(1), see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.

§3312. Congressional oversight of policy directives and guidance

(a) Covered policy document defined

In this section, the term "covered policy document" means any classified or unclassified Presidential Policy Directive, Presidential Policy Guidance, or other similar policy document issued by the President, including any classified or unclassified annex to such a Directive, Guidance, or other document, that assigns tasks, roles, or responsibilities to the intelligence community or an element of the intelligence community.

(b) Submissions to Congress

The Director of National Intelligence shall submit to the congressional intelligence committees the following:

(1) Not later than 15 days after the date that a covered policy document is issued, a written notice of the issuance and a summary of the subject matter addressed by such covered policy document.

(2) Not later than 15 days after the date that the Director issues any guidance or direction on implementation of a covered policy document or implements a covered policy document, a copy of such guidance or direction or a description of such implementation.

(3) Not later than 15 days after May 5, 2017, for any covered policy document issued prior to such date that is being implemented by any element of the intelligence community or that is in effect on such date—

(A) a written notice that includes the date such covered policy document was issued and a summary of the subject matter addressed by such covered policy document; and

(B) if the Director has issued any guidance or direction on implementation of such covered policy document or is implementing such covered policy document, a copy of the guidance or direction or a written description of such implementation.

(Pub. L. 115–31, div. N, title III, §310, May 5, 2017, 131 Stat. 815.)

Definitions

For definitions of "intelligence community" and "congressional intelligence committees", referred to in text, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.

§3313. Notification of memoranda of understanding

(a) In general

The head of each element of the intelligence community shall submit to the congressional intelligence committees a copy of each memorandum of understanding or other agreement regarding significant operational activities or policy between or among such element and any other entity or entities of the United States Government—

(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.

(b) 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.

(Pub. L. 115–31, div. N, title III, §311, May 5, 2017, 131 Stat. 815.)

Definitions

For definitions of "intelligence community" and "congressional intelligence committees", referred to in text, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.

§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.

(Pub. L. 115–31, div. N, title VI, §603, May 5, 2017, 131 Stat. 829.)

Definitions

For definition of "congressional intelligence committees", referred to in text, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.

§3315. Annual certification of controlled access programs

(1) In general

Not less frequently than once each year, the Director of National Intelligence shall certify in writing to the congressional intelligence committees whether the creation, validation, or substantial modification, including termination, for all existing and proposed controlled access programs, and the compartments and subcompartments within each, are substantiated and justified based on the information required by paragraph (2).

(2) Information required

Each certification pursuant to paragraph (1) shall include—

(A) the rationale for the revalidation, validation, or substantial modification, including termination, of each controlled access program, compartment and subcompartment;

(B) the identification of a control officer for each controlled access program; and

(C) a statement of protection requirements for each controlled access program.

(Pub. L. 115–31, div. N, title VI, §608(b), May 5, 2017, 131 Stat. 833.)

Definitions

For definition of "congressional intelligence committees", referred to in text, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.