§3316c. Development of definitions for certain terms relating to intelligence — Inbound Citations
50 U.S.C. § 3316c
Cited by 56 provisions in release 119-102.
Citations to §3316c(d)
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(a) 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.
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(b) 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.
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(1) Except as provided by paragraph (2), as soon as practicable after December 20, 2019, but not later than 18 months after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees written certifications of each of the following:(A) The Middle States Commission on Higher Education has provided regional academic accreditation for the National Intelligence University before the date of the certification, or will provide such academic accreditation as of the date on which the University is transferred under subsection (a).(B) Members of the Armed Forces attending the University will be eligible to receive credit for Phase I joint professional military education.(C) The Secretary of Education has informed the Director of National Intelligence that the Secretary has recommended approval of the degrees to be conferred pursuant to section 3227a(b) of this title or will provide such recommended approval as of the date on which the University is transferred under subsection (a).(D) The Director of National Intelligence, in collaboration with the Secretary of Defense, has established an appropriate governance model for the University.(E) The Secretary of Defense shall use the University to provide personnel of the Department of Defense with advanced intelligence education.
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(i) jointly submit to the appropriate congressional committees a report on such failure by not later than 21 months after December 20, 2019; and
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(c) Not later than 90 days after December 20, 2019, the Director of National Intelligence, the Director of the Defense Intelligence Agency, and the President of the National Intelligence University shall jointly provide to the appropriate congressional committees a briefing on the plan to carry out the transfer under subsection (a), including with respect to—(1) ensuring the provision of services to all elements of the intelligence community;(2) employing a military cadre at the University; and(3) addressing the current accreditation status of the National Intelligence University with the Middle States Commission on Higher Education.
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(1) Not later than 90 days after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees an estimate of—(A) the annual costs of operating the National Intelligence University; and(B) the costs to the Federal Government of transferring the National Intelligence University to the Director of National Intelligence.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees; and(B) the Committees on Armed Services of the Senate and House of Representatives.
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(1) Not later than 180 days after December 20, 2019, the Director of National Intelligence shall make available to the public, the appropriate congressional committees, and the workforce of the intelligence community a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the intelligence community.
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(c) Not later than March 31 of each year, the Director of National Intelligence shall provide a report (which may be provided as part of an annual report required under another provision of law) to the workforce of the intelligence community (including senior leadership), the public, and the appropriate congressional committees that includes—(1) demographic data and information on the status of diversity and inclusion efforts of the intelligence community, including demographic data relating to—(A) the average years of service;(B) the average number of years of service for each level in the General Schedule, Senior Executive Service, Senior Intelligence Service, or equivalent; and(C) career categories;(2) an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; and(3) demographic data relating to participants in professional development programs of the intelligence community and the rate of placement into senior positions for participants in such programs.
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(1) The Director of National Intelligence may submit to the Office of Management and Budget and to the appropriate congressional committees a recommendation regarding whether the intelligence community should voluntarily collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Management and Budget entitled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity”.
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(2) The term “appropriate congressional committees” means—(A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and(B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
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(a) Not later than the date that is 120 days after submission of the report required under section 5703,1 and annually thereafter, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, and the Director of the Defense Counterintelligence and Security Agency, shall submit to the appropriate congressional committees an assessment of the homeland security vulnerabilities associated with retired and former personnel of the intelligence community providing covered intelligence assistance.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees;(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and(C) the Committee on Homeland Security of the House of Representatives.
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(1) Not later than 180 days after March 15, 2022, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the protocols described in subsections (c) through (f).
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(3) Not later than 60 days following the date of submission of the report under paragraph (1), and biannually thereafter, the Director shall provide to the appropriate congressional committees a briefing regarding the implementation of the protocols under this section.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees; and(B) the Committees on Armed Services of the House of Representatives and the Senate.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees;(B) the Committee on Armed Services of the Senate;(C) the Committee on Appropriations of the Senate;(D) the Committee on Homeland Security and Governmental Affairs of the Senate;(E) the Committee on Armed Services of the House of Representatives;(F) the Committee on Appropriations of the House of Representatives;(G) the Committee on Homeland Security of the House of Representatives; and(H) the Committee on Oversight and Reform of the House of Representatives.
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(1) Not later than 90 days after December 20, 2019, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners the following:(A) A plan, with milestones, to reduce the background investigation inventory to 200,000, or an otherwise sustainable steady-level, by the end of year 2020. Such plan shall include notes of any required changes in investigative and adjudicative standards or resources.(B) A plan to consolidate the conduct of background investigations associated with the processing for security clearances in the most effective and efficient manner in the Defense Counterintelligence and Security Agency. Such plan shall address required funding, personnel, contracts, information technology, field office structure, policy, governance, schedule, transition costs, and effects on stakeholders.
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(A) Not later than 180 days after December 20, 2019, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security to reflect changes in threats, the workforce, and technology.
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(3) Not later than 180 days after December 20, 2019, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the report’s framework and recommendations submitted under paragraph (2)(A).
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(a) Not later than 180 days after December 20, 2019, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following:(1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.(2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat.(3) Recommendations to improve the background investigation process by—(A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire;(B) using remote techniques and centralized locations to support or replace field investigation work;(C) using secure and reliable digitization of information obtained during the clearance process;(D) building the capacity of the background investigation workforce; and(E) replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances.
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(ii) provides written justification to the appropriate congressional committees for any such determination.
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(1) If the Council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections (a) and (b), the Council may use those metrics for purposes of compliance within this provision.
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(2) If the Council uses the authority provided by paragraph (1) to use metrics as described in such paragraph, the Council shall, not later than 30 days after communicating such metrics to departments and agencies, notify the appropriate congressional committees that it is using such authority.
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(d) Not later than 180 days after December 20, 2019, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended interim milestones for the goals set forth in subsections (a) and (b) for 2019, 2020, and 2021.
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(b) Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners a report that summarizes the information received pursuant to subsection (b) during the period covered by such report.
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(1) Not later than 90 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program.
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(1) Not later than 180 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel.
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(g) Not later than 1 year after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans.
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(A) Except as provided in paragraph (2), the Board shall annually submit to the appropriate congressional committees a report on the activities of the Board under this subchapter, including summary information regarding any denials to the Board by the head of an agency or the head of a Federal Presidential library of access to records or materials under this subchapter.
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(B) In this paragraph, the term “appropriate congressional committees” means the Select Committee on Intelligence and the Committee on Governmental Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on Government Reform of the House of Representatives.
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(1) not later than August 1, 2021, submit to appropriate congressional committees a report on—(A) the estimated funding needs of the Center for fiscal year 2021 and for subsequent years;(B) such statutory protections from liability as the Director considers necessary for the Center, participating social media companies, and participating third-party analytical participants;(C) such statutory penalties as the Director considers necessary to ensure against misuse of data by researchers; and(D) such changes to the Center’s mission to fully capture broader unlawful activities that intersect with, complement, or support information warfare tactics; and
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(2) not less frequently than once each year, submit to the Director of National Intelligence, the Secretary of Defense, and the appropriate congressional committees a report—(A) that assesses—(i) degree of cooperation and commitment from the social media companies to the mission of the Center; and(ii) effectiveness of the Center in detecting and facilitating the removal or neutralization of clandestine foreign information warfare operations from social media platforms; and(B) includes such recommendations for legislative or administrative action as the Center considers appropriate to carry out the functions of the Center.
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(A) Not later than 90 days before the date of each regularly scheduled general election for Federal office, the Director of the Center shall submit to the appropriate congressional committees a report on foreign malign influence campaigns on and across social media platforms targeting such election.
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(C) Not later than August 1, 2021, the Director of the Center shall submit to the appropriate congressional committees a report under subparagraph (A) addressing the regularly scheduled general election for Federal office occurring during 2020.
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(A) Not later than 30 days after the date on which the Director submits to the appropriate congressional committees a report under paragraph (1), the Director of National Intelligence, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Federal Bureau of Investigation, shall provide to such committees a briefing assessing threats from foreign malign influence campaigns on social media from covered countries to the regularly scheduled general election for Federal office covered by the report.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees;(B) the Committee on Armed Services, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and(C) the Committee on Armed Services, the Committee on Appropriations, the Committee on Homeland Security and Government Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees;(B) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and(C) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
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(b) The Director of National Intelligence, in cooperation with the Director of the Federal Bureau of Investigation and the head of any other relevant agency, shall notify the congressional leadership and the chairman and vice chairman or ranking member of each of the appropriate congressional committees, and of other relevant committees of jurisdiction, each time the Director of National Intelligence determines there is credible information that a foreign power has, is, or will attempt to employ a covert influence or active measures campaign with regard to the modernization, employment, doctrine, or force posture of the nuclear deterrent or missile defense.
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(a) In this section, the term “appropriate congressional committees” means the following:(1) The congressional intelligence committees.(2) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.(3) The Committee on Armed Services, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
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(e) The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall submit to the appropriate congressional committees an annual report that describes the activities of the Task Force during the previous year, including identification of the supply chain, cybersecurity, and counterintelligence risks shared with the acquisition community of the United States Government by the intelligence community.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees;(B) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and(C) the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
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(B) submitting to the appropriate congressional committees a notification of such determination (including a description of the justification for such determination).
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(A) Not later than 60 days after December 23, 2022, and biannually thereafter until the date of termination under paragraph (5), the Working Group shall submit to the appropriate congressional committees a report on the activities of the Working Group.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees;(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and(C) the Committee on Homeland Security of the House of Representatives.
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(B) the appropriate congressional committees.
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(B) the appropriate congressional committees.
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(9) The term “other appropriate congressional committees” means—(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
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(1) Not later than 14 days after making a determination under subsection (b), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly provide a briefing to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the other appropriate congressional committees. The briefing shall be classified and address, at a minimum, the following:(A) A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination.(B) An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed.(C) The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign.(D) Any other information such Directors and the Secretary jointly determine appropriate.
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(a) Not later than 1 year after December 27, 2020, the Director of National Intelligence (referred to in this section as the “Director”), in consultation with the Secretary of the Interior, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, the Secretary of Defense, and the United States Trade Representative, shall submit to the appropriate congressional committees a report on investments in minerals under the Belt and Road Initiative of the People’s Republic of China that includes an assessment of—(1) notable past mineral investments;(2) whether and how such investments have increased the extent of control of minerals by the People’s Republic of China;(3) any efforts by the People’s Republic of China to counter or interfere with the goals of the Energy Resource Governance Initiative of the Department of State; and(4) the strategy of the People’s Republic of China with respect to mineral investments.
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(b) In conjunction with each report required by subsection (a), the Director shall submit to the appropriate congressional committees a list of any minerals with respect to which—(1) the People’s Republic of China, directly or through the Belt and Road Initiative—(A) is increasing its concentration of extraction and processing;(B) is acquiring significant mining and processing facilities;(C) is maintaining or increasing export restrictions; or(D) has achieved substantial control of the supply of minerals used within an industry or related minerals;(2) there is a significant difference between domestic prices in the People’s Republic of China as compared to prices on international markets; or(3) there is a significant increase or volatility in price as a result of the Belt and Road Initiative of the People’s Republic of China.
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(f) In this section, the term “appropriate congressional committees” means—(1) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and(2) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
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(A) Not later than 180 days after December 23, 2022, and annually thereafter for four years, the Director of the Office shall submit to the appropriate congressional committees a report on unidentified anomalous phenomena.
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(1) Not later than December 31, 2022, and not less frequently than semiannually thereafter until December 31, 2026, the Director of the Office shall provide to the appropriate congressional committees classified briefings on unidentified anomalous phenomena.
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(C) The Director of the Office shall inform the appropriate congressional committees of any failure by the North American Aerospace Defense Command or the United States Northern Command to provide timely information on unidentified anomalous phenomena intercepts.
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(1) The term “appropriate congressional committees” means the following:(A) The Committees on Armed Services of the Senate and the House of Representatives.(B) The Committees on Appropriations of the Senate and the House of Representatives.(C) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.(D) The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.(E) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.(F) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.