### §3316b. Continuity of operations plans for certain elements of the intelligence community in the case of a national emergency

#### (a) Definition of covered national emergency

In this section, the term "covered national emergency" means the following:

(1) A major disaster declared by the President under section 5170 of title 42.

(2) An emergency declared by the President under section 5191 of title 42.

(3) A national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).

(4) A public health emergency declared under section 247d of title 42.

#### (b) In general

The Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each establish continuity of operations plans for use in the case of covered national emergencies for the element of the intelligence community concerned.

#### (c) Submission to Congress

#### (1) Director of National Intelligence and Director of the Central Intelligence Agency

Not later than 7 days after the date on which a covered national emergency is declared, the Director of National Intelligence and the Director of the Central Intelligence Agency shall each submit to the congressional intelligence committees the plan established under subsection (b) for that emergency for the element of the intelligence community concerned.

#### (2) Director of National Reconnaissance Office, Director of Defense Intelligence Agency, Director of National Security Agency, and Director of National Geospatial-Intelligence Agency

Not later than 7 days after the date on which a covered national emergency is declared, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit the plan established under subsection (b) for that emergency for the element of the intelligence community concerned to the following:

(A) The congressional intelligence committees.

(B) The Committee on Armed Services of the Senate.

(C) The Committee on Armed Services of the House of Representatives.

#### (d) Updates

During a covered national emergency, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit any updates to the plans submitted under subsection (c)—

(1) in accordance with that subsection; and

(2) in a timely manner consistent with section 3091 of this title.

(Pub. L. 116–260, div. W, title III, §303, Dec. 27, 2020, 134 Stat. 2364.)

#### **Editorial Notes**

#### References in Text

The National Emergencies Act, referred to in subsec. (a)(3), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Definitions

For definitions of "congressional intelligence committees" and "intelligence community", referred to in text, see section 2 of div. W of Pub. L. 116–260, set out as a note under section 3003 of this title.