Title 50, War and National DefenseRelease 119-110

§3316a Reports on Intelligence Community Participation in Vulnerabilities Equities Process of Federal Government

Title 50 › CHAPTER 45 — MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES › SUBCHAPTER I — BUDGET AND OVERSIGHT › § 3316a

Last updated Sep 22, 2026|Official source

Summary

The Director of National Intelligence must tell the congressional intelligence committees how the intelligence community handles computer and system weaknesses. Not later than 90 days after December 20, 2019, the Director must send a written report that, for each part of the intelligence community, names the official(s) who decide whether a weakness should go into the formal review process, explains how they make that choice under the Vulnerabilities Equities Policy and Process rules (or any successor), and describes that part’s role during a review. If any part makes a major change to its rules or how it decides, that part must report the change to the committees within 30 days. Those reports must be unclassified but may include a classified annex. At least once a year, the Director must give a classified report for the prior year showing the number of weaknesses sent for review, how many were disclosed to the responsible vendor or to the public, and the total number, by category, of weaknesses excluded from review as described in paragraph 5.4 of the VEP document. Each annual report must include an unclassified appendix with the total number disclosed to vendors or the public and the total of those that are known to have been patched. The Director can skip this annual report if an equivalent report under paragraph 4.3 was already sent to Congress and the committees are notified in writing. The Director must make each unclassified appendix available to the public. Vulnerabilities Equities Policy and Process document — the executive branch paper dated November 15, 2017. Vulnerabilities Equities Process — the interagency review set by that document or any successor. Vulnerability — a weakness in a computer system or its parts that could be exploited or harm the confidentiality, integrity, or availability of information.

Full Legal Text

Title 50, §3316a

War and National Defense, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Vulnerabilities Equities Policy and Process document
(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).

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3316a

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110