Title 50 — War and National Defense
Chapter 45 — Miscellaneous Intelligence Community Authorities
§ 3316a. Reports on intelligence community participation in vulnerabilities equities process of Federal Government
Statutory text
Definitions
In this section:
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 .
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.
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.
Reports on process and criteria under Vulnerabilities Equities Policy and Process
In general
Not later than 90 days after , the Director of National Intelligence shall submit to the congressional intelligence committees a written report describing—
with respect to each element of the intelligence community—
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
the process used by such element to make such determination; and
the roles or responsibilities of that element during a review of a vulnerability submitted to the Vulnerabilities Equities Process.
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.
Form of reports
Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.
Annual reports
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—
the number of vulnerabilities submitted for review under the Vulnerabilities Equities Process;
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
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.
Unclassified information
Each report submitted under paragraph (1) shall include an unclassified appendix that contains—
the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process; and
the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process known to have been patched.
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.
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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. E title LXVII § 6720 · 133 Stat. 1198
Enacted · 50 U.S.C. § 3316a
Pub. L. 116–92, div. E, title LXVII, § 6720, Dec. 20, 2019, 133 Stat. 2230
Source evidence
Code source credit
Pub. L. 116–92, div. E, title LXVII, § 6720, Dec. 20, 2019, 133 Stat. 2230Energy and Water Development and Related Agencies Appropriations Act, 2022
Pub. L. 117–103 div. X title III § 307 · 136 Stat. 49
Added · 50 U.S.C. § 3316a(c)(4)
Pub. L. 117–103 added par. (4)
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 117–103 added par. (4).Enacted provision · exact public law section
Sec. 307. (a) Of the unobligated balances available to the Department of Energy from amounts appropriated in prior Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts— (1) “Defense Nuclear Nonproliferation” for the construction project “99–D–143”, $282,133,000; and (2) “Naval Reactors”, $6,000,000. (b) No amounts may be rescinded under subsection (a) from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
2022—Subsec. (c)(4). Pub. L. 117–103 added par. (4).
Statutory Notes and Related Subsidiaries
Definitions
For definitions of “congressional intelligence committees” and “intelligence community” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
Credits
2019–2022 · 2 acts
- 2019Pub. L. 116–92, div. E, title LXVII, § 6720, , 133 Stat. 2230
- 2022Pub. L. 117–103, div. X, title III, § 307, , 136 Stat. 966.
Show as published
(Pub. L. 116–92, div. E, title LXVII, § 6720, , 133 Stat. 2230; Pub. L. 117–103, div. X, title III, § 307, , 136 Stat. 966.)