50 U.S.C. § 3329 — Intelligence community contracting

Page 792 TITLE 50—WAR AND NATIONAL DEFENSE § 3326 (c) Intelligence community defined In this section, the term ‘‘intelligence commu- nity’’ has the meaning given that term in sec- tion 3003(4) of this title. (Pub. L. 106–120, title III, § 313, Dec. 3, 1999, 113 Stat. 1615.) Editorial Notes CODIFICATION Section was formerly classified to section 403–8 of this title prior to editorial reclassification and renum- bering as this section. § 3326. Limitation of expenditure of funds appro- priated for Department of Defense intel- ligence programs During the current fiscal year and hereafter, none of the funds appropriated for intelligence programs to the Department of Defense which are transferred to another Federal agency for execution shall be expended by the Department of Defense in any fiscal year in excess of amounts required for expenditure during such fiscal year by the Federal agency to which such funds are transferred. (Pub. L. 102–172, title VIII, § 8089, Nov. 26, 1991, 105 Stat. 1193.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 414 of this title prior to editorial reclassification as this section. § 3327. Limitation on transfer of funds between CIA and Department of Defense; congres- sional notification required During the current fiscal year and thereafter, no funds may be made available through trans- fer, reprogramming, or other means between the Central Intelligence Agency and the Department of Defense for any intelligence or special activ- ity different from that previously justified to the Congress unless the Director of Central In- telligence or the Secretary of Defense has noti- fied the House and Senate Appropriations Com- mittees of the intent to make such funds avail- able for such activity. (Pub. L. 103–139, title VIII, § 8107, Nov. 11, 1993, 107 Stat. 1464.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 414 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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 com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. SIMILAR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 102–396, title IX, § 9014, Oct. 6, 1992, 106 Stat. 1903. Pub. L. 102–172, title VIII, § 8014, Nov. 26, 1991, 105 Stat. 1174. Pub. L. 101–511, title VIII, § 8015, Nov. 5, 1990, 104 Stat. 1878. Pub. L. 101–165, title IX, § 9022, Nov. 21, 1989, 103 Stat. 1134. Pub. L. 100–463, title VIII, § 8035, Oct. 1, 1988, 102 Stat. 2270–23. Pub. L. 100–202, § 101(b) [title VIII, § 8037], Dec. 22, 1987, 101 Stat. 1329–43, 1329–68. § 3328. Study or plan of surrender; use of appro- priations No part of the funds appropriated in any act shall be used to pay (1) any person, firm, or cor- poration, or any combinations of persons, firms, or corporations, to conduct a study or to plan when and how or in what circumstances the Government of the United States should sur- render this country and its people to any foreign power, (2) the salary or compensation of any em- ployee or official of the Government of the United States who proposes or contracts or who has entered into contracts for the making of studies or plans for the surrender by the Govern- ment of the United States of this country and its people to any foreign power in any event or under any circumstances. (Pub. L. 85–766, ch. XVI, § 1602, Aug. 27, 1958, 72 Stat. 884.) Editorial Notes CODIFICATION Section was formerly classified to section 407 of this title prior to editorial reclassification and renumbering as this section. § 3329. Intelligence community contracting (a) In general The Director of National Intelligence shall di- rect that elements of the intelligence commu- nity, whenever compatible with the national se- curity interests of the United States and con- sistent with the operational and security con- cerns related to the conduct of intelligence ac- tivities, and where fiscally sound, shall award contracts in a manner that would maximize the procurement of products in the United States. (b) Intelligence community defined In this section, the term ‘‘intelligence commu- nity’’ has the meaning given that term in sec- tion 3003(4) of this title. (Pub. L. 102–183, title IV, § 403, Dec. 4, 1991, 105 Stat. 1267; Pub. L. 111–259, title VIII, § 810, Oct. 7, 2010, 124 Stat. 2750.) Editorial Notes CODIFICATION Section was formerly classified to section 403–2 of this title prior to editorial reclassification and renum- bering as this section. Page 793 TITLE 50—WAR AND NATIONAL DEFENSE § 3330 PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior authorization act: Pub. L. 102–88, title IV, § 404, Aug. 14, 1991, 105 Stat. 434. AMENDMENTS 2010—Pub. L. 111–259 added subsec. (b), designated ex- isting provisions as subsec. (a), inserted heading, sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’ and ‘‘intelligence commu- nity’’ for ‘‘Intelligence Community’’, and struck out at end ‘‘For purposes of this provision, the term ‘Intel- ligence Community’ has the same meaning as set forth in paragraph 3.4(f) of Executive Order 12333, dated De- cember 4, 1981, or successor orders.’’ Statutory Notes and Related Subsidiaries ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK Pub. L. 112–87, title III, § 309, Jan. 3, 2012, 125 Stat. 1883, formerly set out as a note under this section, was transferred to section 3334e of this title. § 3330. Reports to the intelligence community on penetrations of networks and information systems of certain contractors (a) Procedures for reporting penetrations The Director of National Intelligence shall es- tablish procedures that require each cleared in- telligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such con- tractor that meets the criteria established pur- suant to subsection (b) is successfully pene- trated. (b) Networks and information systems subject to reporting The Director of National Intelligence shall, in consultation with appropriate officials, estab- lish criteria for covered networks to be subject to the procedures for reporting system penetra- tions under subsection (a). (c) Procedure requirements (1) Rapid reporting The procedures established pursuant to sub- section (a) shall require each cleared intel- ligence contractor to rapidly report to an ele- ment of the intelligence community des- ignated pursuant to subsection (a) of each suc- cessful penetration of the network or informa- tion systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following: (A) A description of the technique or method used in such penetration. (B) A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration. (C) A summary of information created by or for such element in connection with any program of such element that has been po- tentially compromised due to such penetra- tion. (2) Access to equipment and information by in- telligence community personnel The procedures established pursuant to sub- section (a) shall— (A) include mechanisms for intelligence community personnel to, upon request, ob- tain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor; (B) provide that a cleared intelligence con- tractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether in- formation created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated; and (C) provide for the reasonable protection of trade secrets, commercial or financial infor- mation, and information that can be used to identify a specific person (other than the name of the suspected perpetrator of the penetration). (3) Limitation on dissemination of certain in- formation The procedures established pursuant to sub- section (a) shall prohibit the dissemination outside the intelligence community of infor- mation obtained or derived through such pro- cedures that is not created by or for the intel- ligence community except— (A) with the approval of the contractor providing such information; (B) to the congressional intelligence com- mittees or the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate for such committees and such Subcommittees to perform oversight; or (C) to law enforcement agencies to inves- tigate a penetration reported under this sec- tion. (d) Issuance of procedures and establishment of criteria (1) In general Not later than 90 days after July 7, 2014, the Director of National Intelligence shall estab- lish the procedures required under subsection (a) and the criteria required under subsection (b). (2) Applicability date The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures re- quired under this section. (e) Coordination with the Secretary of Defense to prevent duplicate reporting Not later than 180 days after July 7, 2014, the Director of National Intelligence and the Sec- retary of Defense shall establish procedures to permit a contractor that is a cleared intel- ligence contractor and a cleared defense con- tractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2224 note) to submit a sin- gle report that satisfies the requirements of this section and such section 941 for an incident of penetration of network or information system.