1 So in original. Probably should be “within”.
the Department of Defense; and
1 See References in Text note below.
of this title).
Editorial Notes
References in TextThe Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c)(6), is Puspan. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (f)(6), (11), is Puspan. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
Executive Order No. 13526, referred to in subsec. (g)(1)(G), is set out as a note under section 3161 of this title.
The Goldwater-Nichols Department of Defense Reorganization Act of 1986, referred to in subsec. (l)(3)(C), is Puspan. L. 99–433, Oct. 1, 1986, 100 Stat. 992. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 111 of Title 10, Armed Forces, and Tables.
The Central Intelligence Agency Act of 1949, referred to in subsecs. (m) and (n)(1), is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of this title prior to editorial reclassification in this title and is now classified generally to chapter 46 (§ 3501 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
Section 3126(1) of this title, referred to in subsec. (t)(2), was in the original “section 606(1)”, meaning section 606(1) of act July 26, 1947, which was translated as reading “section 605(1)”, to reflect the probable intent of Congress and the renumbering of section 606 as 605 by section 310(a)(4)(B) of Puspan. L. 112–277.
CodificationSection was formerly classified to section 403–1 of this title prior to editorial reclassification and renumbering as this section.
In subsec. (q)(4)(B), “section 109 of title 41” substituted for “section 4(9) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 403(9))” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior ProvisionsA prior section 102A of act July 26, 1947, ch. 343, title I, as added Puspan. L. 104–293, title VIII, § 805(span), Oct. 11, 1996, 110 Stat. 3479, provided there is a Central Intelligence Agency and described its function prior to repeal by Puspan. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided. See section 3035 of this title.
Another prior section 102a of act July 26, 1947, ch. 343, title I, as added Puspan. L. 98–215, title IV, § 403, Dec. 9, 1983, 97 Stat. 1477, related to appointment of Director of the Intelligence Community Staff prior to repeal by Puspan. L. 102–496, title VII, § 705(a)(1), Oct. 24, 1992, 106 Stat. 3190.
Amendments2023—Subsec. (f)(3)(A). Puspan. L. 118–31, § 7307(a)(1), substituted “binding personnel policies” for “personnel policies” in introductory provisions.
Subsec. (f)(3)(A)(i). Puspan. L. 118–31, § 7307(a)(2), amended cl. (i) generally. Prior to amendment. cl. (i) read as follows: “encourage and facilitate assignments and details of personnel to national intelligence centers, and between elements of the intelligence community;”.
Subsec. (f)(3)(A)(v). Puspan. L. 118–31, § 7307(a)(3), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: “make service in more than one element of the intelligence community a condition of promotion to such positions within the intelligence community as the Director shall specify; and”.
Subsec. (f)(8) to (11). Puspan. L. 118–31, § 7308, added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.
Subsec. (n)(5), (6). Puspan. L. 118–31, § 7901(a)(1), redesignated second par. (5), relating to other transaction authority, as (6).
Subsec. (p)(3). Puspan. L. 118–31, § 7309, substituted “March 1” for “October 1”.
2022—Subsec. (c)(5)(C). Puspan. L. 117–263, § 6401(1), substituted “shall include” for “may include”.
Subsec. (c)(5)(D). Puspan. L. 117–103, § 403(1), added subpar. (D).
Subsec. (f)(8). Puspan. L. 117–263, § 6314(a)(2), added par. (8). Former par. (8) redesignated (9).
Puspan. L. 117–103, § 402, substituted “such other intelligence-related functions” for “such other functions”.
Subsec. (f)(9), (10). Puspan. L. 117–263, § 6314(a)(1), redesignated pars. (8) and (9) as (9) and (10), respectively.
Subsec. (h)(1)(A). Puspan. L. 117–263, § 6401(2)(A), substituted “require” for “encourage” and inserted “, independent of political considerations,” after “tradecraft”.
Subsec. (h)(3). Puspan. L. 117–263, § 6401(2)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “ensure that differences in analytic judgment are fully considered and brought to the attention of policymakers; and”.
Subsec. (i)(1). Puspan. L. 117–263, § 6401(3)(A), inserted “, and shall establish and enforce policies to protect,” after “protect”.
Subsec. (i)(2). Puspan. L. 117–263, § 6401(3)(B), substituted “requirements” for “guidelines” in introductory provisions.
Subsec. (i)(4). Puspan. L. 117–263, § 6401(3)(C), added par. (4).
Subsec. (m)(1). Puspan. L. 117–263, § 6415(span)(1), inserted at end “, including with respect to the notification requirement under section 8(c) of such Act (50 U.S.C. 3510(c))”.
Subsec. (n)(5). Puspan. L. 117–263, § 6711(span), added par. (5) relating to other transaction authority.
Puspan. L. 117–263, § 6415(span)(2), added par. (5) relating to notification requirement for expenditure made by Director of National Intelligence or head of element of intelligence community.
Subsec. (p). Puspan. L. 117–103, § 403(2), substituted “Certain Responsibilities of Director of National Intelligence Relating to National Intelligence Program” for “Responsibility of Director of National Intelligence regarding National Intelligence Program budget concerning the Department of Defense” in span, designated existing provisions as par. (1), and added par. (2).
Subsec. (p)(3). Puspan. L. 117–263, § 6402, added par. (3).
Subsec. (x). Puspan. L. 117–263, § 6401(4), substituted “the heads of the elements of the intelligence community” for “the head of each department of the Federal Government that contains an element of the intelligence community and the Director of the Central Intelligence Agency” in introductory provisions.
Subsec. (x)(3). Puspan. L. 117–263, § 6314(c), inserted “, including the policy under subsection (f)(8),” after “policies of the intelligence community”.
2019—Subsec. (g)(1)(G). Puspan. L. 116–92, § 6742(span)(1)(A), realigned margins.
Subsec. (q)(1)(A). Puspan. L. 116–92, § 5305, inserted “security risks,” after “schedule,”.
Subsec. (v)(3). Puspan. L. 116–92, § 6742(span)(1)(B), realigned margin.
2017—Subsec. (f)(2). Puspan. L. 115–31, § 401(c), inserted “, the National Counterproliferation Center, and the National Counterintelligence and Security Center” after “National Counterterrorism Center”.
Subsec. (l)(3)(D). Puspan. L. 115–31, § 309(span), added subpar. (D).
Subsec. (y). Puspan. L. 115–31, § 303(a), added subsec. (y).
Subsec. (z). Puspan. L. 115–31, § 402, added subsec. (z).
2015—Subsec. (u). Puspan. L. 114–113, § 701(c)(1), struck out par. (1) designation before “The Director of National Intelligence” and struck out par. (2) which read as follows: “The Director of National Intelligence shall annually submit to the congressional intelligence committees a report describing all outside employment for officers and employees of elements of the intelligence community that was authorized by the head of an element of the intelligence community during the preceding calendar year. Such report shall be submitted each year on the date provided in section 3106 of this title.”
Subsec. (v)(3), (4). Puspan. L. 114–113, § 105(a), added par. (3) and redesignated former par. (3) as (4).
2014—Subsec. (g)(4). Puspan. L. 113–126, § 329(span)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Not later than February 1 of each year, the Director of National Intelligence shall submit to the President and to the Congress an annual report that identifies any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively implement paragraph (1).”
Subsec. (j). Puspan. L. 113–126, § 501(1), substituted “classified information” for “sensitive compartmented information” in span.
Subsec. (j)(5), (6). Puspan. L. 113–126, § 501(2)–(4), added pars. (5) and (6).
Subsec. (x). Puspan. L. 113–126, § 502(a), added subsec. (x).
2012—Subsec. (e)(3)(D). Puspan. L. 112–87, § 311(d), substituted “For each of the fiscal years 2010, 2011, and 2012, the” for “The” in introductory provisions.
Subsec. (v). Puspan. L. 112–87, § 304, added subsec. (v).
Subsec. (w). Puspan. L. 112–87, § 305, added subsec. (w).
2010—Subsec. (c)(3)(A). Puspan. L. 111–259, § 804(2)(A), substituted “annual budget for the Military Intelligence Program or any successor program or programs” for “annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities”.
Subsec. (d)(1)(B). Puspan. L. 111–259, § 804(2)(B)(i), substituted “Military Intelligence Program or any successor program or programs” for “Joint Military Intelligence Program”.
Subsec. (d)(2). Puspan. L. 111–259, § 402(a), substituted “Program—” for “Program to another such program.” and added subpars. (A) to (C).
Subsec. (d)(3). Puspan. L. 111–259, § 804(2)(B)(ii), substituted “paragraph (1)(A)” for “subparagraph (A)” in introductory provisions.
Subsec. (d)(5)(A). Puspan. L. 111–259, § 804(2)(B)(iii)(I), struck out “or personnel” after “funds” in introductory provisions.
Subsec. (d)(5)(B). Puspan. L. 111–259, § 804(2)(B)(iii)(II), substituted “delegated by the head of the department involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency)” for “delegated by the head of the department or agency involved”.
Subsec. (e)(3), (4). Puspan. L. 111–259, § 306, added par. (3) and redesignated former par. (3) as (4).
Subsec. (f)(7) to (9). Puspan. L. 111–259, § 401, added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.
Subsec. (g)(1)(G). Puspan. L. 111–258 added subpar. (G).
Subsec. (l)(2)(B). Puspan. L. 111–259, § 804(2)(C), substituted “paragraph” for “section”.
Subsec. (n). Puspan. L. 111–259, § 804(2)(D), inserted “and other” after “Acquisition” in the span.
Subsec. (n)(4). Puspan. L. 111–259, § 326, added par. (4).
Subsecs. (s) to (u). Puspan. L. 111–259, §§ 303, 304, 307, added subsecs. (s) to (u).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentPuspan. L. 114–113, div. M, title I, § 105(span), Dec. 18, 2015, 129 Stat. 2912, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to an appointment under section 102A(v) of the National Security Act of 1947 (50 U.S.C. 3024(v)) made on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law 112–87) [Jan. 3, 2012] and to any proceeding pending on or filed after the date of the enactment of this section [Dec. 18, 2015] that relates to such an appointment.”
Effective Date of 2014 AmendmentPuspan. L. 113–126, title V, § 502(span), July 7, 2014, 128 Stat. 1412, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act [July 7, 2014].”
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Policy and Performance Framework for Mobility of Intelligence Community WorkforcePuspan. L. 118–31, div. G, title III, § 7302, Dec. 22, 2023, 137 Stat. 1025, provided that:“(a)In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Director of National Intelligence shall, in coordination with the Secretary of Defense and the Director of the Office of Personnel Management as the Director of National Intelligence considers appropriate, develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community.
“(span)Elements.—The policy and performance framework required by subsection (a) shall include processes with respect to the following:“(1) Human resources.
“(2) Medical reviews.
“(3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).”
[For definition of “intelligence community” as used in section 7302 of Puspan. L. 118–31, set out above, see section 7002 of Puspan. L. 118–31, set out as a note under section 3003 of this title.]
Intelligence Community Commercial Remote Sensing RequirementsPuspan. L. 118–31, div. G, title V, § 7509, Dec. 22, 2023, 137 Stat. 1091, provided that:“(a)Sense of Congress.—It is the sense of Congress that—“(1) the United States benefits from a robust commercial remote sensing industry that supports a science, technology, engineering, and mathematics academic pipeline, enables skilled manufacturing jobs, and fosters technological innovation;
“(2) commercial remote sensing capabilities complement and augment dedicated Government remote sensing capabilities, both when integrated into Government architectures and leveraged as stand-alone services;
“(3) the Director of National Intelligence and Under Secretary of Defense for Intelligence and Security should serve as the United States Government leads for commercial remote sensing procurement and seek to accommodate commercial remote sensing needs of the intelligence community, the Department of Defense, and Federal civil organizations under the preview of the cognizant functional managers; and
“(4) a transparent, sustained investment by the United States Government in commercial remote sensing capabilities—“(A) is required to strengthen the United States commercial remote sensing commercial industry; and
“(B) should include electro-optical, synthetic aperture radar, hyperspectral, and radio frequency detection and other innovative phenemonology that may have national security applications.
“(span)Guidance Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security shall jointly develop guidance requiring the Commercial Strategy Board or, if that is not feasible, such other entities within the intelligence community and the Department of Defense that the Director and the Under Secretary determine appropriate, to perform, on a recurring basis, the following functions related to commercial remote sensing:“(1) Validation of the current and long-term commercial remote sensing capability needs, as determined by the relevant functional managers, of the Department of Defense, the intelligence community, and Federal civil users under the preview of the cognizant functional managers.
“(2) Development of commercial remote sensing requirements documents that are unclassified and releasable to United States commercial industry.
“(3) Development of a cost estimate that is unclassified and releasable to United States commercial industry, covering at least 5 years, associated with fulfilling the requirements contained in the commercial remote sensing requirements documents referred developed [sic] under paragraph (2).
“(c)Funding Levels.—In the case of any fiscal year for which a cost estimate is developed under subsection (span)(3) and for which the budget of the President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) requests a level of funding for the procurement of commercial remote sensing requirements that is less than the amount identified in the cost estimate, the President shall include with the budget an explanation for the difference.
“(d)Report.—“(1)In general.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security shall jointly submit to the appropriate congressional committees a report on the implementation of subsection (span).
“(2)Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means—“(A) the congressional intelligence committees;
“(B) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];
“(C) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and
“(D) the Subcommittee on Defense of the Committee on Appropriations of the Senate.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 7509 of Puspan. L. 118–31, set out above, see section 7002 of Puspan. L. 118–31, set out as a note under section 3003 of this title.]
Improving Onboarding of Personnel in Intelligence CommunityPuspan. L. 117–263, div. F, title LXVI, § 6601, Dec. 23, 2022, 136 Stat. 3556, provided that:“(a)Definition of Onboard Period.—In this section, the term ‘onboard period’ means the period beginning on the date on which an individual submits an application for employment and ending on—“(1) the date on which the individual is offered one or more entrance on duty dates; or
“(2) the date on which the individual enters on duty.
“(span)Policy Guidance.—The Director of National Intelligence shall establish policy guidance appropriate for all elements of the intelligence community that can be used to measure, consistently and reliably, the onboard period.
“(c)Report.—“(1)In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022], the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the time it takes to onboard personnel in the intelligence community.
“(2)Elements.—The report submitted under paragraph (1) shall cover the mean and median time it takes to onboard personnel in the intelligence community, disaggregated by mode of onboarding and element of the intelligence community.
“(d)Plan.—“(1)In general.—Not later than 180 days after the date of the enactment of this Act, the Director, in coordination with the heads of the elements of the intelligence community, shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan to reduce the onboard period for personnel in the intelligence community, for elements of the intelligence community that currently have median onboarding times that exceed 180 days.
“(2)Elements.—The plan submitted under paragraph (1) shall include milestones to achieve certain specific goals with respect to the mean, median, and mode time it takes to onboard personnel in the elements of the intelligence community described in such paragraph, disaggregated by element of the intelligence community.
“(e)Implementation.—The heads of the elements of the intelligence community, including the Director of the Central Intelligence Agency, shall implement the plan submitted under subsection (d) and take all such actions each head considers appropriate and necessary to ensure that by December 31, 2023, the median duration of the onboard period for new employees at each element of the intelligence community is equal to less than 180 days.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6601 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
Implementation Plan and Advisability Study for Offices of Commercial IntegrationPuspan. L. 117–263, div. F, title LXVII, § 6712, Dec. 23, 2022, 136 Stat. 3565, as amended by Puspan. L. 118–31, div. G, title V, § 7513(span), Dec. 22, 2023, 137 Stat. 1096, provided that:“(a)Plan and Study.—“(1)Submission.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives—“(A) a plan for the establishment of a centralized office or offices within each appropriate element of the intelligence community, to be known as the ‘Office of Commercial Integration’, for the purpose of—“(i) assisting persons desiring to submit an offer for a contract with the intelligence community; and
“(ii) assisting with the procurement of commercial products and commercial services; and
“(B) the findings of a study conducted by the Director into the advisability of implementing such plan, including an assessment of—“(i) whether there should be a single Office of Commercial Integration for the intelligence community or whether each element of the intelligence community shall establish such an Office;
“(ii) the costs and benefits of the implementation of such plan; and
“(iii) whether there is within any element of the intelligence community an existing office or program similar to the proposed Office of Commercial Integration.
“(2)Elements.—The materials submitted under paragraph (1) shall include the following:“(A) A recommendation by the Director, based on the findings of the study under paragraph (1)(B), on—“(i) how the plan under paragraph (1)(A) compares to specific alternative actions of the intelligence community that could be taken to assist persons desiring to submit an offer for a contract with the intelligence community and assist with the procurement of commercial products and commercial services; and
“(ii) whether to implement such plan.
“(B) A proposal for the designation of a senior official of the Office of the Director of National Intelligence who would be responsible for the coordination across the intelligence community or across the Offices of Commercial Integration, depending on the findings of the study under paragraph (1)(B).
“(C) Draft guidelines that would require the coordination and sharing of best practices and other information across the intelligence community.
“(D) A timeline of the steps that would be necessary to establish each Office of Commercial Integration by the date that is not later than 2 years after the date of the enactment of this Act.
“(E) An assessment of the personnel requirements, and any other resource requirements, that would be necessary to establish the Office or Offices of Commercial Integration by such date, including—“(i) the amount of personnel necessary for the establishment of the Office or Offices of Commercial Integration; and
“(ii) the necessary qualifications of any such personnel.
“(F) Policies regarding the types of assistance that, if an Office or Offices of Commercial Integration were to be established, could be provided to contractors by the Director of such Office, taking into account the role of such assistance as an incentive for emerging technology companies to enter into contracts with the heads of the elements of the intelligence community.
“(G) Eligibility criteria for determining the types of offerors or contractors that would be eligible to receive assistance provided by each Office of Commercial Integration.
“(H) Policies regarding outreach efforts that would be required to be conducted by the Office or Offices of Commercial Integration with respect to eligible contractors.
“(I) Policies regarding how the intelligence community would coordinate with the Director of the Federal Bureau of Investigation to provide proactive counterintelligence risk analysis and assistance to entities in the private sector.
“(J) Draft guidelines that would require the Office or Offices of Commercial Integration to appoint and assign personnel with expertise in a range of disciplines necessary for the accelerated integration of commercial technologies into the intelligence community (as determined by the Office or Offices of Commercial Integration), including expertise in the following:“(i) Authorizations to operate.
“(ii) Contracting.
“(iii) Facility clearances.
“(iv) Security clearances.
“(K) Such other intelligence community-wide policies as the Director of National Intelligence may prescribe relating to the improvement of commercial integration (and the coordination of such improvements) by and among the elements of the intelligence community.
“(span)Public Website on Commercial Integration.—“(1)Establishment.—Not later than 1 year after the date of the date of enactment of this Act [Dec. 23, 2022], the Director of National Intelligence, in coordination with the head of the relevant elements of the intelligence community (as determined by the Director) and the designated element leads under section 6702(c) [50 U.S.C. 3334m(c)], shall establish a publicly accessible website that includes relevant information necessary for offerors or contractors to conduct business with each element of the intelligence community. “(2)Inclusion of certain information.—If there is established an Office or Offices of Commercial Integration in accordance with subsection (a), the website under paragraph (1) shall include—“(A) information, as appropriate, on the elements under subsection (a)(2) relating to that Office; and
“(B) contact information for the relevant senior officers of the Office or Offices.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6712 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “commercial product”, “commercial service”, “emerging technology”, and “authorization to operate” as used in section 6712 of Puspan. L. 117–263, set out above, see section 6701 of Puspan. L. 117–263, set out below.]
Pilot Program on Designated Emerging Technology Transition ProjectsPuspan. L. 117–263, div. F, title LXVII, § 6713, Dec. 23, 2022, 136 Stat. 3568, provided that:“(a)Pilot Program.—The Director of National Intelligence shall carry out a pilot program to more effectively transition promising prototypes or products in a developmental stage to a production stage, through designating eligible projects as ‘Emerging Technology Transition Projects’.
“(span)Designation.—“(1)In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence shall issue guidelines to implement the pilot program under subsection (a).
“(2)Requirements.—The guidelines issued pursuant to paragraph (1) shall include the following requirements:“(A) Each head of an element of the intelligence community shall submit to the Director of National Intelligence a prioritized list of not more than 10 eligible projects per year to be considered for designation by the Director of National Intelligence as Emerging Technology Transition Projects during the budget formulation process.
“(B) The Director of National Intelligence shall designate not more than 10 eligible projects per year as Emerging Technology Transition Projects.
“(C) No eligible project may be designated by the Director of National Intelligence as an Emerging Technology Transition Project unless the head of an element of the intelligence community includes the project in the prioritized list under subparagraph (A) and submits to the Director of National Intelligence, with respect to the project, each of the following:“(i) A justification of why the product was nominated for transition, including a description of the importance of the proposed product to the mission of the intelligence community and the nominating agency.
“(ii) A certification that the project provides new technologies or processes, or new applications of existing technologies, that shall enable more effective alternatives to existing programs, systems, or initiatives of the intelligence community.
“(iii) A certification that the project provides future cost savings, significantly reduces the time to deliver capabilities to the intelligence community, or significantly improves a capability of the intelligence community.
“(iv) A certification that funding is not proposed for the project in the budget request of the respective covered element for the fiscal year following the fiscal year in which the project is submitted for consideration.
“(v) A certification in writing by the nominating head that the project meets all applicable criteria and requirements of the respective covered element for transition to production and that the nominating head would fund the project if additional funds were made available for such purpose.
“(vi) A description of the means by which the proposed production product shall be incorporated into the activities and long-term budget of the respective covered element following such transition.
“(vii) A description of steps taken to ensure that the use of the product shall reflect commercial best practices, as applicable.
“(D) A clear description of the selection of eligible projects, including specific criteria, that shall include, at a minimum, the requirements specified in subparagraph (C).
“(E) The designation of an official responsible for implementing this section and coordinating with the heads of the elements of the intelligence community with respect to the guidelines issued pursuant to paragraph (1) and overseeing the awards of funds to Emerging Technology Transition Projects with respect to that element.
“(3)Revocation of designation.—The designation of an Emerging Technology Transition Project under subsection (span) may be revoked at any time by—“(A) the Director of National Intelligence; or
“(B) the relevant head of a covered element of the intelligence community that previously submitted a project under subsection (span), in consultation with the Director of National Intelligence.
“(c)Benefits of Designation.—“(1)Inclusion in multiyear national intelligence program plan.—The Director of National Intelligence shall include in the relevant multiyear national intelligence program plan submitted to Congress under section 1403 of the National Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 3301) the planned expenditures, if any, of each designated project during the period of its designation. “(2)Inclusion under separate exhibit.—The heads of elements of the intelligence community shall ensure that each designated project is included in a separate budget exhibit in the relevant multiyear national intelligence program plan submitted to Congress under such section 1403 of the National Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 3301) for the period of the designation of such project. “(3)Consideration in programming and budgeting.—Each designated project shall be taken into consideration by the nominating head in the programming and budgeting phases of the intelligence planning, programming, budgeting, and evaluation process during the period of its designation.
“(d)Reports to Congress.—“(1)Annual reports.—On an annual basis for each fiscal year during which the pilot program under subsection (a) is carried out, concurrently with the submission of the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Appropriations of the House of Representatives and the Senate a report that includes the following:“(A) A description of each designated project.
“(B) A summary of the potential of each designated project, as specified in subsection (span)(2)(C).
“(C) For each designated project, a description of the progress made toward delivering on such potential.
“(D) A description of any funding proposed for the designated project in the future-years intelligence program, including by program, appropriation account, expenditure center, and project.
“(E) Such other information on the status of such pilot program as the Director considers appropriate.
“(2)Final report.—In the final report submitted under paragraph (1) prior to the date of termination under subsection (e), the Director of National Intelligence shall include a recommendation on whether to extend the pilot program under subsection (a) and the appropriate duration of such extension, if any.
“(e)Termination Date.—The authority to carry out the pilot program under subsection (a) shall terminate on December 31, 2027.
“(f)Definition of Covered Element of the Intelligence Community.—In this section, the term ‘covered element of the intelligence community’ means the following:“(1) The Office of the Director of National Intelligence.
“(2) The Central Intelligence Agency.
“(3) The National Security Agency.
“(4) The National Geospatial-Intelligence Agency.
“(5) The National Reconnaissance Office.
“(6) The Defense Intelligence Agency.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6713 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
Harmonization of Authorizations To OperatePuspan. L. 117–263, div. F, title LXVII, § 6714, Dec. 23, 2022, 136 Stat. 3570, provided that:“(a)Definition of Appropriate Committees of Congress.—In this section, the term ‘appropriate committees of Congress’ means—“(1) the congressional intelligence committees;
“(2) the Committee on Armed Services of the Senate;
“(3) the Committee on Appropriations of the Senate;
“(4) the Committee on Armed Services of the House of Representatives; and
“(5) the Committee on Appropriations of the House of Representatives.
“(span)Protocol.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence, in coordination with the Secretary of Defense and the heads of the elements of the intelligence community, shall develop and submit to the appropriate committees of Congress a single protocol setting forth policies and procedures relating to authorizations to operate for Department of Defense or intelligence community systems held by industry providers.
“(c)Limitation.—The protocol under subsection (span) shall be limited to authorizations to operate for Department of Defense and intelligence community systems.
“(d)Elements.—The protocol under subsection (span) shall include, at a minimum, the following:“(1) A policy for reciprocal recognition, as appropriate, among the elements of the intelligence community and the Department of Defense of authorizations to operate held by commercial providers. Such reciprocal recognition shall be limited to authorizations to operate for systems that collect, process, maintain, use, share, disseminate, or dispose of data classified at an equal or lower classification level than the original authorization.
“(2) Procedures under which, subject to such criteria as may be prescribed by the Director of National Intelligence jointly with the Secretary of Defense, a provider that holds an authorization to operate for a Department of Defense or intelligence community system may provide to the head of an element of the intelligence community or the Department of Defense the most recently updated version of any software, data, or application for use on such system without being required to submit an application for new or renewed authorization.
“(3) Procedures for the review, renewal, and revocation of authorizations to operate held by commercial providers, including procedures for maintaining continuous authorizations to operate, subject to such conditions as may be prescribed by the Director of National Intelligence, in coordination with the Secretary of Defense. Such procedures may encourage greater use of modern security practices already being adopted by the Department of Defense and other Federal agencies, such as continuous authorization with system security focused on continuous monitoring of risk and security controls, active system defense, and the use of an approved mechanism for secure and continuous delivery of software (commonly referred to as ‘DevSecOps’).
“(4) A policy for the harmonization of documentation requirements for commercial providers submitting applications for authorizations to operate, with the goal of a uniform requirement across the Department of Defense and the elements of the intelligence community (subject to exceptions established by the Director and the Secretary). Such policy shall include the following requirements:“(A) A requirement for the full disclosure of evidence in the reciprocity process across the Department of Defense and the elements of the intelligence community.
“(B) With respect to a system with an existing authorization to operate, a requirement for approval by the Chief Information Officer or a designated official (as the head of the respective element of the intelligence community determines appropriate) for such system to operate at an equal or higher level classification level, to be granted prior to the performance of an additional security assessment with respect to such system, and regardless of which element of the intelligence community or Department of Defense granted the original authorization.
“(5) A requirement to establish a joint secure portal of the Office of the Director of National Intelligence and the Department of Defense for the maintenance of records, applications, and system requirements for authorizations to operate.
“(6) A plan to examine, and if necessary, address, the shortage of intelligence community and Department of Defense personnel authorized to support and grant an authorization to operate. Such plan shall include—“(A) a report on the current average wait times for authorizations to operate and backlogs, disaggregated by each element of the intelligence community and the Department of Defense;
“(B) appropriate recommendations to increase pay or implement other incentives to recruit and retain such personnel; and
“(C) a plan to leverage independent third-party assessment organizations to support assessments of applications for authorizations to operate.
“(7) Procedures to ensure data security and safety with respect to the implementation of the protocol.
“(8) A proposed timeline for the implementation of the protocol by the deadline specified in subsection (g).
“(e)Coordinating Officials.—Not later than 60 days after the date of the enactment of this Act—“(1) the Director of National Intelligence shall designate an official of the Office of the Director of National Intelligence responsible for implementing this section on behalf of the Director and leading coordination across the intelligence community for such implementation;
“(2) the Secretary of Defense shall designate an official of the Department of Defense responsible for implementing this section on behalf of the Secretary and leading coordination across the Department of Defense for such implementation; and
“(3) each head of an element of the intelligence community shall designate an official of that element responsible for implementing this section and overseeing implementation of the protocol under subsection (span) with respect to the element.
“(f)Documentation Requirements.—Under the protocol under subsection (span), no head of a Federal agency may commence the operation of a system using an authorization to operate granted by another Federal agency without possessing documentation of the original authorization to operate.
“(g)Implementation Required.—The protocol under subsection (span) shall be implemented not later than January 1, 2025.”
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 6714 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
[For definition of “authorization to operate” as used in section 6714 of Puspan. L. 117–263, set out above, see section 6701 of Puspan. L. 117–263, set out below.]
Compliance by Intelligence Community With Requirements of Federal Acquisition Regulation Relating to Commercially Available Off-the-Shelf Items and Commercial ServicesPuspan. L. 117–263, div. F, title LXVII, § 6716, Dec. 23, 2022, 136 Stat. 3575, provided that:“(a)Compliance Policy.—“(1)Requirement.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence shall implement a policy to ensure that each element of the intelligence community complies with parts 10 and 12 of the Federal Acquisition Regulation with respect to any Federal Acquisition Regulation-based procurements.
“(2)Elements.—The policy under paragraph (1) shall include the following:“(A) Written criteria for an element of the intelligence community to evaluate when a procurement of a covered item or service is permissible, including—“(i) requiring the element to conduct an independent market analysis to determine whether a commercially available off-the-shelf item, nondevelopmental item, or commercial service is viable; and
“(ii) a description of the offeror for such covered item or service and how the covered item or service to be acquired will be integrated into existing systems of the intelligence community.
“(B) A detailed set of performance measures for the acquisition personnel of the intelligence community that—“(i) prioritizes adherence to parts 10 and 12 of the Federal Acquisition Regulation;
“(ii) encourages acquisition of commercially available off-the-shelf items, nondevelopmental items, or commercial services; and
“(iii) incentivizes such personnel of the intelligence community that enter into contracts for covered items or services only when necessary.
“(3)Submission.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives—“(A) the policy developed pursuant to paragraph (1); and
“(B) the plan to implement such policy by not later than 1 year after the date of such enactment.
“(4)Market analysis.—In carrying out the independent market analysis pursuant to paragraph (2)(A)(i), the Director may enter into a contract with an independent market research group with qualifications and expertise to find available commercial products or commercial services to meet the needs of the intelligence community.
“(span)Annual Reports.—“(1)Requirement.—Not later than 2 years after the date of the enactment of this Act, and annually thereafter for 3 years, the Director, in consultation with the head of each element of the intelligence community, shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on the policy developed under subsection (a).
“(2)Elements.—Each report under paragraph (1) shall include, with respect to the period covered by the report, the following:“(A) An evaluation of the success of the policy, including with respect to the progress the elements have made in complying with parts 10 and 12 of the Federal Acquisition Regulation.
“(B) A description of how any market analyses are conducted pursuant to subsection (a)(2)(A)(i).
“(C) Any recommendations to improve compliance with such parts 10 and 12.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6716 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “covered item or service”, “commercial product”, and “commercial service” as used in section 6716 of Puspan. L. 117–263, set out above, see section 6701 of Puspan. L. 117–263, set out below.]
Policy on Required User Adoption Metrics in Certain Contracts for Artificial Intelligence and Emerging Technology Software ProductsPuspan. L. 117–263, div. F, title LXVII, § 6717, Dec. 23, 2022, 136 Stat. 3576, provided that:“(a)Policy.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence shall establish a policy regarding user adoption metrics for contracts and other agreements for the procurement of covered products as follows:“(1) With respect to a contract or other agreement entered into between the head of an element of the intelligence community and a commercial provider for the procurement of a covered product for users within the intelligence community, a requirement that each such contract or other agreement include, as a term of the contract or agreement, an understanding of the anticipated use of the covered product with a clear metric for success and for collecting user adoption metrics, as appropriate, for assessing the adoption of the covered product by such users.
“(2) Such exceptions to the requirements under paragraph (1) as may be determined appropriate pursuant to guidance established by the Director of National Intelligence.
“(3) A requirement that prior to the procurement of, or the continuation of the use of, any covered product procured by the head of an element of the intelligence community, the head has determined a method for assessing the success of the covered product from user adoption metrics.
“(span)Submission.—Not later than 60 days after the date on which the policy under subsection (a) is established, the Director of National Intelligence shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives such policy.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6717 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “artificial intelligence”, “emerging technology”, and “covered product” as used in section 6717 of Puspan. L. 117–263, set out above, see section 6701 of Puspan. L. 117–263, set out below.]
Emerging Technology Education and TrainingPuspan. L. 117–263, div. F, title LXVII, § 6732, Dec. 23, 2022, 136 Stat. 3583, as amended by Puspan. L. 118–31, div. G, title IX, § 7901(span)(2), Dec. 22, 2023, 137 Stat. 1106, provided that:“(a)Training Curriculum.—“(1)Requirement.—No later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence and the Secretary of Defense, in consultation with the President of the Defense Acquisition University and the heads of the elements of the intelligence community that the Director and Secretary determine appropriate, shall jointly establish a training curriculum for members of the acquisition workforce in the Department of Defense (as defined in section 101 of title 10, United States Code) and the acquisition officials within the intelligence community focused on improving the understanding and awareness of contracting authorities and procedures for the acquisition of emerging technologies.
“(2)Provision of training.—The Director shall ensure that the training curriculum under paragraph (1) is made available to each element of the intelligence community not later than 60 days after the completion of the curriculum.
“(3)Report.—Not later than January 1, 2024, the Director and Secretary shall jointly submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report containing an update on the status of the curriculum under paragraph (1).
“(span)Agreements Officers.—Not later than October 1, 2024, the Director of National Intelligence shall ensure that at least 75 percent of the contracting staff within the intelligence community whose primary responsibilities include the acquisition of emerging technologies shall have received the appropriate training to become warranted as agreements officers who are given authority to execute and administer the transactions authorized by paragraph (6) of section 102A(n) of the National Security Act of 1947 (50 U.S.C. 3024(n)), as added by section 6711. The training shall include—“(1) the appropriate courses offered by the Defense Acquisition University;
“(2) the training curriculum established under subsection (a); and
“(3) best practices for monitoring, identifying, and procuring emerging technologies with potential benefit to the intelligence community, including commercial services and products.
“(c)Establishment of Emerging Technology Training Activities.—“(1)Requirement.—Not later than January 1, 2024, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community that the Director determines relevant, shall establish and implement training activities designed for appropriate mid-career and senior managers across the intelligence community to train the managers on how to identify, acquire, implement, and manage emerging technologies as such technologies may be applied to the intelligence community.
“(2)Certification.—Not later than 2 years after the date on which the Director establishes the training activities under paragraph (1), each head of an element of the intelligence community shall certify to the Director whether the managers of the element described in paragraph (1) have successfully completed the education activities.
“(3)Briefing.—Not later than January 1, 2024, the Director of National Intelligence shall provide to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a briefing regarding the training activities established under paragraph (1), including—“(A) an overview of—“(i) the managers described in paragraph (1) who participated in the training activities; and
“(ii) what technologies were included in the training activities; and
“(B) an identification of other incentives, activities, resources, or programs the Director determines may be necessary to ensure the managers are generally trained in the most emerging technologies and able to retain and incorporate such technologies across the intelligence community.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6732 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “emerging technology”, “commercial service”, and “commercial product” as used in section 6732 of Puspan. L. 117–263, set out above, see section 6701 of Puspan. L. 117–263, set out below.]
Improvements to Use of Commercial Software ProductsPuspan. L. 117–263, div. F, title LXVII, § 6741, Dec. 23, 2022, 136 Stat. 3584, provided that:“(a)Policy Regarding Procurement of Commercial Software Products.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community and appropriate nongovernmental experts that the Director determines relevant, shall issue an intelligence community-wide policy to ensure the procurement of commercial software products by the intelligence community is carried out—“(1) using, to the extent practicable, standardized terminology; and
“(2) in accordance with acquisition and operation best practices reflecting modern software as a service capabilities.
“(span)Elements.—The policy issued under subsection (a) shall include the following:“(1) Guidelines for the heads of the elements of the intelligence community to determine which contracts for commercial software products are covered by the policy, including with respect to agreements, authorizations to operate, and other acquisition activities.
“(2) Guidelines for using standardized terms in such contracts, modeled after commercial best practices, including common procedures and language regarding—“(A) terms for the responsible party and timelines for system integration under the contract;
“(B) a mechanism included in each contract to ensure the ability of the vendor to provide, and the United States Government to receive, continuous updates and version control for the software, subject to appropriate security considerations;
“(C) automatic technological mechanisms for security and data validation, including security protocols that are predicated on commercial best practices; and
“(D) procedures to provide incentives, and a technical framework, for system integration for new commercial software solutions to fit within existing workflows and information technology infrastructure.
“(3) Guidelines and a timeline for enforcing the policy.
“(c)Report.—Not later than January 1, 2025, and annually thereafter through 2028, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on the policy issued under subsection (a), including the following with respect to the period covered by the report:“(1) An evaluation of compliance with such policy by each of the elements of the intelligence community.
“(2) Additional recommendations to better coordinate system integration throughout the intelligence community using best practices.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6741 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
[For definitions of “commercial product” and “authorization to operate” as used in section 6741 of Puspan. L. 117–263, set out above, see section 6701 of Puspan. L. 117–263, set out below.]
Establishment of Fifth-Generation Technology Prize CompetitionPuspan. L. 116–92, div. E, title LVII, § 5723, Dec. 20, 2019, 133 Stat. 2177, provided that:“(a)Prize Competition.—Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Agency [probably should be “Activity”], shall carry out a program to award prizes competitively to stimulate research and development relevant to fifth-generation technology. “(span)Prize Amount.—In carrying out the program under subsection (a), the Director may award not more than a total of $5,000,000 to one or more winners of the prize competition.
“(c)Consultation.—In carrying out the program under subsection (a), the Director may consult with the heads of relevant departments and agencies of the Federal Government.
“(d)Fifth-generation Technology Defined.—In this section, the term ‘fifth-generation technology’ means hardware, software, or other technologies relating to fifth-generation wireless networks (known as ‘5G’).”
Establishment of Deepfakes Prize CompetitionPuspan. L. 116–92, div. E, title LVII, § 5724, Dec. 20, 2019, 133 Stat. 2177, provided that:“(a)Prize Competition.—Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Agency [probably should be “Activity”], shall carry out a program to award prizes competitively to stimulate the research, development, or commercialization of technologies to automatically detect machine-manipulated media. “(span)Prize Amount.—In carrying out the program under subsection (a), the Director may award not more than a total of $5,000,000 to one or more winners of the prize competition.
“(c)Consultation.—In carrying out the program under subsection (a), the Director may consult with the heads of relevant departments and agencies of the Federal Government.
“(d)Machine-Manipulated Media Defined.—In this section, the term ‘machine-manipulated media’ means video, image, or audio recordings generated or substantially modified using machine-learning techniques in order to falsely depict events, to falsely depict the speech or conduct of an individual, or to depict individuals who do not exist.”
Identification of and Countermeasures Against Certain International Mobile Subscriber Identity-CatchersPuspan. L. 116–92, div. E, title LVII, § 5725, Dec. 20, 2019, 133 Stat. 2178, as amended by Puspan. L. 117–263, div. F, title LXVIII, § 6809, Dec. 23, 2022, 136 Stat. 3599, provided that:“(a)In General.—The Director of the Federal Bureau of Investigation, in collaboration with the Director of National Intelligence, the Under Secretary of Homeland Security for Intelligence and Analysis, and the heads of such other Federal, State, or local agencies as the Director of the Federal Bureau of Investigation determines appropriate, and in accordance with applicable law and policy, may—“(1) undertake an effort to identify International Mobile Subscriber Identity-catchers operated within the United States by—“(A) hostile foreign governments; and
“(B) individuals who have violated a criminal law of the United States or of any State, or who have committed acts that would be a criminal violation if committed within the jurisdiction of the United States or any State; and
“(2) when appropriate, develop countermeasures against such International Mobile Subscriber Identity-catchers, with prioritization given to such International Mobile Subscriber Identity-catchers identified in the National Capital Region.
“(span)Pilot Program.—“(1)In general.—The Director of the Federal Bureau of Investigation, in collaboration with the Director of National Intelligence, the Under Secretary of Homeland Security for Intelligence and Analysis, and the heads of such other Federal, State, or local agencies as the Director of the Federal Bureau of Investigation determines appropriate, and in accordance with applicable law and policy, shall conduct a pilot program designed to implement subsection (a)(1)(A) with respect to the National Capital Region.
“(2)Commencement; completion.—The Director of the Federal Bureau of Investigation shall—“(A) commence carrying out the pilot program required by paragraph (1) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2023 [Dec. 23, 2022]; and
“(B) complete the pilot program not later than 2 years after the date on which the Director commences carrying out the pilot program under subparagraph (A).
“(c)Notifications Required.—The Director of the Federal Bureau of Investigation shall notify the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the Capitol Police Board of—“(1) the placement of sensors designed to identify International Mobile Subscriber Identity-catchers capable of conducting surveillance against the United States Capitol or associated buildings and facilities; and
“(2) the discovery of any International Mobile Subscriber Identity-catchers capable of conducting surveillance against the United States Capitol or associated buildings and facilities and any countermeasures against such International Mobile Subscriber Identity-catchers.
“(d)Briefing Required.—Not later than 180 days after the date on which the Director of the Federal Bureau of Investigation determines that the pilot program required by subsection (span)(1) is operational, the Director shall provide a briefing to the appropriate congressional committees on—“(1) the use of International Mobile Subscriber Identity-catchers operated by the individuals and governments described in subsection (a)(1);
“(2) potential countermeasures deployed by the Federal Bureau of Investigation against such International Mobile Subscriber Identity-catchers; and
“(3) any legal or policy limitations with respect to the development or carrying out of such countermeasures.
“(e)Definitions.—“(1)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the congressional intelligence committees;
“(B) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(C) the Committees on the Judiciary of the House of Representatives and the Senate.
“(2)International mobile subscriber identity-catcher.—The term ‘International Mobile Subscriber Identity-catcher’ means a device used for intercepting mobile phone identifying information and location data.”
[For definition of “congressional intelligence committees” as used in section 5725 of Puspan. L. 116–92, set out above, see section 5003 of Puspan. L. 116–92, set out as a note under section 3003 of this title.]
Intelligence Community Information Technology EnvironmentPuspan. L. 116–92, div. E, title LXIII, § 6312, Dec. 20, 2019, 133 Stat. 2191, provided that:“(a)Definitions.—In this section:“(1)Core service.—The term ‘core service’ means a capability that is available to multiple elements of the intelligence community and required for consistent operation of the intelligence community information technology environment.
“(2)Intelligence community information technology environment.—The term ‘intelligence community information technology environment’ means all of the information technology services across the intelligence community, including the data sharing and protection environment across multiple classification domains.
“(span)Roles and Responsibilities.—“(1)Director of national intelligence.—The Director of National Intelligence shall be responsible for coordinating the performance by elements of the intelligence community of the intelligence community information technology environment, including each of the following:“(A) Ensuring compliance with all applicable environment rules and regulations of such environment.
“(B) Ensuring measurable performance goals exist for such environment.
“(C) Documenting standards and practices of such environment.
“(D) Acting as an arbiter among elements of the intelligence community related to any disagreements arising out of the implementation of such environment.
“(E) Delegating responsibilities to the elements of the intelligence community and carrying out such other responsibilities as are necessary for the effective implementation of such environment.
“(2)Core service providers.—Providers of core services shall be responsible for—“(A) providing core services, in coordination with the Director of National Intelligence; and
“(B) providing the Director with information requested and required to fulfill the responsibilities of the Director under paragraph (1).
“(3)Use of core services.—“(A)In general.—Except as provided in subparagraph (B), each element of the intelligence community shall use core services when such services are available.
“(B)Exception.—The Director of National Intelligence may provide for a written exception to the requirement under subparagraph (A) if the Director determines there is a compelling financial or mission need for such exception.
“(c)Management Accountability.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall designate and maintain one or more accountable executives of the intelligence community information technology environment to be responsible for—“(1) management, financial control, and integration of such environment;
“(2) overseeing the performance of each core service, including establishing measurable service requirements and schedules;
“(3) to the degree feasible, ensuring testing of each core service of such environment, including testing by the intended users, to evaluate performance against measurable service requirements and to ensure the capability meets user requirements; and
“(4) coordinate transition or restructuring efforts of such environment, including phaseout of legacy systems.
“(d)Security Plan.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and maintain a security plan for the intelligence community information technology environment.
“(e)Long-Term Roadmap.—Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a long-term roadmap that shall include each of the following:“(1) A description of the minimum required and desired core service requirements, including—“(A) key performance parameters; and
“(B) an assessment of current, measured performance.
“(2) Implementation milestones for the intelligence community information technology environment, including each of the following:“(A) A schedule for expected deliveries of core service capabilities during each of the following phases:“(i) Concept refinement and technology maturity demonstration.
“(ii) Development, integration, and demonstration.
“(iii) Production, deployment, and sustainment.
“(iv) System retirement.
“(B) Dependencies of such core service capabilities.
“(C) Plans for the transition or restructuring necessary to incorporate core service capabilities.
“(D) A description of any legacy systems and discontinued capabilities to be phased out.
“(3) Such other matters as the Director determines appropriate.
“(f)Business Plan.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a business plan that includes each of the following:“(1) A systematic approach to identify core service funding requests for the intelligence community information technology environment within the proposed budget, including multiyear plans to implement the long-term roadmap required by subsection (e).
“(2) A uniform approach by which each element of the intelligence community shall identify the cost of legacy information technology or alternative capabilities where services of the intelligence community information technology environment will also be available.
“(3) A uniform effort by which each element of the intelligence community shall identify transition and restructuring costs for new, existing, and retiring services of the intelligence community information technology environment, as well as services of such environment that have changed designations as a core service.
“(g)Quarterly Presentations.—Beginning not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees quarterly updates regarding ongoing implementation of the intelligence community information technology environment as compared to the requirements in the most recently submitted security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f).
“(h)Additional Notifications.—The Director of National Intelligence shall provide timely notification to the congressional intelligence committees regarding any policy changes related to or affecting the intelligence community information technology environment, new initiatives or strategies related to or impacting such environment, and changes or deficiencies in the execution of the security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f).
“(i)Sunset.—The section shall have no effect on or after September 30, 2024.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6312 of Puspan. L. 116–92, set out above, see section 5003 of Puspan. L. 116–92, set out as a note under section 3003 of this title.]
Policy on Minimum Insider Threat StandardsPuspan. L. 116–92, div. E, title LXIII, § 6314, Dec. 20, 2019, 133 Stat. 2194, provided that:“(a)Policy Required.—Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall establish a policy for minimum insider threat standards that is consistent with the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs.
“(span)Implementation.—Not later than 180 days after the date of the enactment of this Act, the head of each element of the intelligence community shall implement the policy established under subsection (a).”
[For definition of “intelligence community” as used in section 6314 of Puspan. L. 116–92, set out above, see section 5003 of Puspan. L. 116–92, set out as a note under section 3003 of this title.]
Reports and Briefings on National Security Effects of Global Water Insecurity and Emerging Infectious Disease and PandemicsPuspan. L. 116–92, div. E, title LXVII, § 6722, Dec. 20, 2019, 133 Stat. 2232, as amended by Puspan. L. 116–260, div. W, title VI, § 622, Dec. 27, 2020, 134 Stat. 2404, provided that:“(a)Global Water Insecurity.—“(1)Report.—“(A)In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the implications of water insecurity on the national security interests of the United States, including consideration of social, economic, agricultural, and environmental factors.
“(B)Assessment scope and focus.—The report submitted under subparagraph (A) shall include an assessment of water insecurity described in such subsection with a global scope, but focus on areas of the world—“(i) of strategic, economic, or humanitarian interest to the United States— “(I) that are, as of the date of the report, at the greatest risk of instability, conflict, human insecurity, or mass displacement; or
“(II) where challenges relating to water insecurity are likely to emerge and become significant during the 5-year or the 20-year period beginning on the date of the report; and
“(ii) where challenges relating to water insecurity are likely to imperil the national security interests of the United States or allies of the United States.
“(C)Consultation.—In researching the report required by subparagraph (A), the Director shall consult with—“(i) such stakeholders within the intelligence community, the Department of Defense, and the Department of State as the Director considers appropriate; and
“(ii) such additional Federal agencies and persons in the private sector as the Director considers appropriate.
“(D)Form.—The report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
“(2)Quinquennial briefings.—Beginning on the date that is 5 years after the date on which the Director submits the report under paragraph (1), and every 5 years thereafter, the Director shall provide to the committees specified in such paragraph a briefing that updates the matters contained in the report.
“(span)Emerging Infectious Disease and Pandemics.—“(1)Report.—“(A)In general.—Not later than 120 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall submit to the appropriate congressional committees a report on the anticipated geopolitical effects of emerging infectious disease (including deliberate, accidental, and naturally occurring infectious disease threats) and pandemics, and their implications on the national security of the United States.
“(B)Contents.—The report under subparagraph (A) shall include an assessment of—“(i) the economic, social, political, and security risks, costs, and impacts of emerging infectious diseases on the United States and the international political and economic system;
“(ii) the economic, social, political, and security risks, costs, and impacts of a major transnational pandemic on the United States and the international political and economic system; and
“(iii) contributing trends and factors to the matters assessed under clauses (i) and (ii).
“(C)Examination of response capacity.—In examining the risks, costs, and impacts of emerging infectious disease and a possible transnational pandemic under subparagraph (B), the Director of National Intelligence shall also examine in the report under subparagraph (A) the response capacity within affected countries and the international system. In considering response capacity, the Director shall include—“(i) the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic;
“(ii) the role and capacity of international organizations and nongovernmental organizations to respond to emerging infectious disease and a possible pandemic, and their ability to coordinate with affected and donor nations; and
“(iii) the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic.
“(2)Annual briefings.—Not later than January 31, 2021, and annually thereafter, the Director shall provide to the congressional intelligence committees a briefing that updates the matters contained in the report required under paragraph (1).
“(3)Form.—The report under paragraph (1) and the briefings under paragraph (2) may be classified.
“(4)Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means—“(A) the congressional intelligence committees;
“(B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives; and
“(C) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate.”
[Puspan. L. 116–260, § 622(a)(2), which directed substitution of “not later than January 31, 2021, and annually thereafter” for “beginning on the date that is 5 years after the date on which the Director submits the report under paragraph (1), and every 5 years thereafter” was executed by substituting “Not later than January 31, 2021, and annually thereafter” for “Beginning on the date that is 5 years after the date on which the Director submits the report under paragraph (1), and every 5 years thereafter” to reflect the probable intent of Congress.]
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 6722 of Puspan. L. 116–92, set out above, see section 5003 of Puspan. L. 116–92, set out as a note under section 3003 of this title.]
Limitation on Activities of Employees of an Office of Inspector GeneralPuspan. L. 115–31, div. N, title III, § 309(a), May 5, 2017, 131 Stat. 814, provided that:“(1)Limitations.—Not later than 180 days after the date of the enactment of this Act [May 5, 2017], the Director of National Intelligence shall develop and implement a uniform policy for each covered office of an inspector general to better ensure the independence of each such office. Such policy shall include—“(A) provisions to prevent any conflict of interest related to a matter any employee of a covered office of an inspector general personally and substantially participated in during previous employment;
“(B) standards to ensure personnel of a covered office of an inspector general are free both in fact and in appearance from personal, external, and organizational impairments to independence;
“(C) provisions to permit the head of each covered office of an inspector general to waive the application of the policy with respect to an individual if such head—“(i) prepares a written and signed justification for such waiver that sets out, in detail, the need for such waiver, provided that waivers shall not be issued for in fact impairments to independence; and
“(ii) submits to the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] each such justification; and
“(D) any other protections the Director determines appropriate.
“(2)Covered office of an inspector general defined.—The term ‘covered office of an inspector general’ means—“(A) the Office of the Inspector General of the Intelligence Community; and
“(B) the office of an inspector general for—“(i) the Office of the Director of National Intelligence;
“(ii) the Central Intelligence Agency;
“(iii) the National Security Agency;
“(iv) the Defense Intelligence Agency;
“(v) the National Geospatial-Intelligence Agency; and
“(vi) the National Reconnaissance Office.
“(3)Briefing to the congressional intelligence committees.—Prior to the date that the policy required by paragraph (1) takes effect, the Director of National Intelligence shall provide the congressional intelligence committees a briefing on such policy.”
Designation of Lead Intelligence Officer for TunnelsPuspan. L. 114–113, div. M, title III, § 309, Dec. 18, 2015, 129 Stat. 2918, provided that:“(a)In General.—The Director of National Intelligence shall designate an official to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and nonstate actors.
“(span)Annual Report.—Not later than the date that is 10 months after the date of the enactment of this Act [Dec. 18, 2015], and biennially thereafter until the date that is 4 years after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] and the congressional defense committees (as such term is defined in section 101(a)(16) of title 10, United States Code) a report describing—“(1) trends in the use of tunnels by foreign state and nonstate actors; and
“(2) collaboration efforts between the United States and partner countries to address the use of tunnels by adversaries.”
Reporting Process Required for Tracking Certain Requests for Country ClearancePuspan. L. 114–113, div. M, title III, § 310, Dec. 18, 2015, 129 Stat. 2918, provided that:“(a)In General.—By not later than September 30, 2016, the Director of National Intelligence shall establish a formal internal reporting process for tracking requests for country clearance submitted to overseas Director of National Intelligence representatives by departments and agencies of the United States. Such reporting process shall include a mechanism for tracking the department or agency that submits each such request and the date on which each such request is submitted.
“(span)Congressional Briefing.—By not later than December 31, 2016, the Director of National Intelligence shall brief the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] on the progress of the Director in establishing the process required under subsection (a).”
Insider Threat Detection ProgramPuspan. L. 112–18, title IV, § 402, June 8, 2011, 125 Stat. 227, as amended by Puspan. L. 112–277, title III, § 304, Jan. 14, 2013, 126 Stat. 2471, provided that:“(a)Initial Operating Capability.—Not later than October 1, 2013, the Director of National Intelligence shall establish an initial operating capability for an effective automated insider threat detection program for the information resources in each element of the intelligence community in order to detect unauthorized access to, or use or transmission of, classified intelligence.
“(span)Full Operating Capability.—Not later than October 1, 2014, the Director of National Intelligence shall ensure the program described in subsection (a) has reached full operating capability.
“(c)Report.—Not later than December 1, 2011, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the resources required to implement the insider threat detection program referred to in subsection (a) and any other issues related to such implementation the Director considers appropriate to include in the report.
“(d)Information Resources Defined.—In this section, the term ‘information resources’ means networks, systems, workstations, servers, routers, applications, databases, websites, online collaboration environments, and any other information resources in an element of the intelligence community designated by the Director of National Intelligence.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 402 of Puspan. L. 112–18, set out above, see section 2 of Puspan. L. 112–18, set out as a note under section 3003 of this title.]
Joint Procedures for Operational Coordination Between Department of Defense and Central Intelligence AgencyPuspan. L. 108–458, title I, § 1013, Dec. 17, 2004, 118 Stat. 3662, provided that:“(a)Development of Procedures.—The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following:“(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum—“(A) information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and
“(B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.
“(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort.
“(span)Implementation Report.—Not later than 180 days after the date of the enactment of the Act [Dec. 17, 2004], the Director of National Intelligence shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)) [now 50 U.S.C. 3003(7)]) a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures.”
Alternative Analysis of Intelligence by the Intelligence CommunityPuspan. L. 108–458, title I, § 1017, Dec. 17, 2004, 118 Stat. 3670, provided that:“(a)In General.—Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Puspan. L. 108–458, see Effective Date of 2004 Amendment; Transition Provisions note set out under section 3001 of this title], the Director of National Intelligence shall establish a process and assign an individual or entity the responsibility for ensuring that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly referred to as ‘red-team analysis’) of the information and conclusions in intelligence products.
“(span)Report.—Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives on the implementation of subsection (a).”
Enhancing Classified Counterterrorist Travel EffortsPuspan. L. 108–458, title VII, § 7201(e), Dec. 17, 2004, 118 Stat. 3813, provided that:“(1)In general.—The Director of National Intelligence shall significantly increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel.
“(2)Authorization of appropriations.—There are authorized to be appropriated for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this subsection.”
Intelligence Community Use of National Infrastructure Simulation and Analysis CenterPuspan. L. 108–458, title VIII, § 8101, Dec. 17, 2004, 118 Stat. 3864, provided that:“(a)In General.—The Director of National Intelligence shall establish a formal relationship, including information sharing, between the elements of the intelligence community and the National Infrastructure Simulation and Analysis Center.
“(span)Purpose.—The purpose of the relationship under subsection (a) shall be to permit the intelligence community to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence analysis, for real time response to reported threats and long term planning for projected threats.”
Pilot Program on Analysis of Signals and Other Intelligence by Intelligence Analysts of Various Elements of the Intelligence CommunityPuspan. L. 108–177, title III, § 317, Dec. 13, 2003, 117 Stat. 2611, as amended by Puspan. L. 108–458, title I, §§ 1071(g)(3)(A)(i), (ii), 1072(d)(2)(A), Dec. 17, 2004, 118 Stat. 3692, 3693, required Director of National Intelligence, in coordination with Secretary of Defense, to carry out pilot program to assess feasibility and advisability of permitting intelligence analysts of various elements of intelligence community to access and analyze signals intelligence of the National Security Agency and other selected intelligence from databases of other elements of intelligence community in order to achieve certain objectives; pilot program was to commence not later than Dec. 31, 2003, be assessed not later than Fespan. 1, 2004, and a report on the assessment submitted to Congress.
Standardized Transliteration of Names Into the Roman AlphabetPuspan. L. 107–306, title III, § 352, Nov. 27, 2002, 116 Stat. 2401, as amended by Puspan. L. 108–458, title I, § 1071(g)(2)(D), Dec. 17, 2004, 118 Stat. 3691, provided that:“(a)Method of Transliteration Required.—Not later than 180 days after the date of the enactment of this Act [Nov. 27, 2002], the Director of Central Intelligence shall provide for a standardized method for transliterating into the Roman alphabet personal and place names originally rendered in any language that uses an alphabet other than the Roman alphabet.
“(span)Use by Intelligence Community.—The Director of National Intelligence shall ensure the use of the method established under subsection (a) in—“(1) all communications among the elements of the intelligence community; and
“(2) all intelligence products of the intelligence community.”
Standards for Spelling of Foreign Names and Places and for Use of Geographic CoordinatesPuspan. L. 105–107, title III, § 309, Nov. 20, 1997, 111 Stat. 2253, provided that:“(a)Survey of Current Standards.—“(1)Survey.—The Director of Central Intelligence shall carry out a survey of current standards for the spelling of foreign names and places, and the use of geographic coordinates for such places, among the elements of the intelligence community.
“(2)Report.—Not later than 90 days after the date of enactment of this Act [Nov. 20, 1997], the Director shall submit to the congressional intelligence committees a report on the survey carried out under paragraph (1). The report shall be submitted in unclassified form, but may include a classified annex.
“(span)Guidelines.—“(1)Issuance.—Not later than 180 days after the date of enactment of this Act, the Director shall issue guidelines to ensure the use of uniform spelling of foreign names and places and the uniform use of geographic coordinates for such places. The guidelines shall apply to all intelligence reports, intelligence products, and intelligence databases prepared and utilized by the elements of the intelligence community.
“(2)Basis.—The guidelines under paragraph (1) shall, to the maximum extent practicable, be based on current United States Government standards for the transliteration of foreign names, standards for foreign place names developed by the Board on Geographic Names, and a standard set of geographic coordinates.
“(3)Submittal to congress.—The Director shall submit a copy of the guidelines to the congressional intelligence committees.
“(c)Congressional Intelligence Committees Defined.—In this section, the term ‘congressional intelligence committees’ means the following:“(1) The Select Committee on Intelligence of the Senate.
“(2) The Permanent Select Committee on Intelligence of the House of Representatives.”
[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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (span) of Puspan. L. 108–458, set out as a note under section 3001 of this title.]
Periodic Reports on ExpendituresPuspan. L. 104–293, § 807(c), Oct. 11, 1996, 110 Stat. 3480, provided that: “Not later than January 1, 1997, the Director of Central Intelligence and the Secretary of Defense shall prescribe guidelines to ensure prompt reporting to the Director and the Secretary on a periodic basis of budget execution data for all national, defense-wide, and tactical intelligence activities.”
[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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (span) of Puspan. L. 108–458, set out as a note under section 3001 of this title.]
Database Program TrackingPuspan. L. 104–293, title VIII, § 807(d), Oct. 11, 1996, 110 Stat. 3481, provided that: “Not later than January 1, 1999, the Director of Central Intelligence and the Secretary of Defense shall develop and implement a database to provide timely and accurate information on the amounts, purposes, and status of the resources, including periodic budget execution updates, for all national, defense-wide, and tactical intelligence activities.”
[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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (span) of Puspan. L. 108–458, set out as a note under section 3001 of this title.]
DefinitionsPuspan. L. 117–263, div. F, title LXVII, § 6701, Dec. 23, 2022, 136 Stat. 3560, as amended by Puspan. L. 118–31, div. G, title V, § 7502(span), Dec. 22, 2023, 137 Stat. 1081, provided that: “In this title [enacting sections 3034span, 3334m, 3334n, and 3334o of this title, amending this section and section 3030 of this title, and enacting provisions set out as notes under this section and section 3030 of this title]:“(1)Artificial intelligence.—The term ‘artificial intelligence’ has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). “(2)Authorization to operate.—The term ‘authorization to operate’ has the meaning given that term in Circular Number A-130 of the Office of Management and Budget, ‘Managing Information as a Strategic Resource’, or any successor document.
“(3)Code-free artificial intelligence enablement tools.—The term ‘code-free artificial intelligence enablement tools’ means software that provides an environment in which visual drag-and-drop applications, or similar tools, allow one or more individuals to program applications without linear coding.
“(4)Commercial product.—The term ‘commercial product’ has the meaning given that term in section 103 of title 41, United States Code.
“(5)Commercial service.—The term ‘commercial service’ has the meaning given that term in section 103a of title 41, United States Code.
“(6)Covered item or service.—The term ‘covered item or service’ means a product, system, or service that is not a commercially available off-the-shelf item, a commercial service, or a nondevelopmental item, as those terms are defined in title 41, United States Code.
“(7)Covered product.—The term ‘covered product’ means a commercial software product that involves emerging technologies or artificial intelligence.
“(8)Emerging technology.—The term ‘emerging technology’ means—“(A) technology that is in a developmental stage or that may be developed during the subsequent 10-year period; or
“(B) any technology included in the Critical and Emerging Technologies List published by the White House in February 2022, or any successor document.”
Executive Documents
Establishment of the Cyber Threat Intelligence Integration CenterMemorandum of President of the United States, Fespan. 25, 2015, 80 F.R. 11317, provided:
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of the Treasury[,] the Secretary of Commerce[,] the Attorney General[,] the Secretary of Homeland Security[,] the Director of National Intelligence[,] the Chairman of the Joint Chiefs of Staff[,] the Director of the Central Intelligence Agency[,] the Director of the Federal Bureau of Investigation[, and] the Director of the National Security Agency
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows:
Section 1. Establishment of the Cyber Threat Intelligence Integration Center. The Director of National Intelligence (DNI) shall establish a Cyber Threat Intelligence Integration Center (CTIIC). Executive departments and agencies (agencies) shall support the DNI’s efforts to establish the CTIIC, including by providing, as appropriate, personnel and resources needed for the CTIIC to reach full operating capability by the end of fiscal year 2016.
Sec. 2. Responsibilities of the Cyber Threat Intelligence Integration Center. The CTIIC shall:
(a) provide integrated all-source analysis of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests;
(span) support the National Cybersecurity and Communications Integration Center, the National Cyber Investigative Joint Task Force, U.S. Cyber Command, and other relevant United States Government entities by providing access to intelligence necessary to carry out their respective missions;
(c) oversee the development and implementation of intelligence sharing capabilities (including systems, programs, policies, and standards) to enhance shared situational awareness of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests among the organizations referenced in subsection (span) of this section;
(d) ensure that indicators of malicious cyber activity and, as appropriate, related threat reporting contained in intelligence channels are downgraded to the lowest classification possible for distribution to both United States Government and U.S. private sector entities through the mechanism described in section 4 of Executive Order 13636 of February 12, 2013 (Improving Critical Infrastructure Cybersecurity); and
(e) facilitate and support interagency efforts to develop and implement coordinated plans to counter foreign cyber threats to U.S. national interests using all instruments of national power, including diplomatic, economic, military, intelligence, homeland security, and law enforcement activities.
Sec. 3. Implementation. (a) Agencies shall provide the CTIIC with all intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests, subject to applicable law and policy. The CTIIC shall access, assess, use, retain, and disseminate such information, in a manner that protects privacy and civil liberties and is consistent with applicable law, Executive Orders, Presidential directives, and guidelines, such as guidelines established under section 102A(span) of the National Security Act of 1947, as amended, Executive Order 12333 of December 4, 1981 (United States Intelligence Activities), as amended, and Presidential Policy Directive–28; and that is consistent with the need to protect sources and methods.
(span) Within 90 days of the date of this memorandum, the DNI, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, and the Director of the National Security Agency shall provide a status report to the Director of the Office of Management and Budget and the Assistant to the President for Homeland Security and Counterterrorism on the establishment of the CTIIC. This report shall further refine the CTIIC’s mission, roles, and responsibilities, consistent with this memorandum, ensuring that those roles and responsibilities are appropriately aligned with other Presidential policies as well as existing policy coordination mechanisms.
Sec. 4. Privacy and Civil Liberties Protections. Agencies providing information to the CTIIC shall ensure that privacy and civil liberties protections are provided in the course of implementing this memorandum. Such protections shall be based upon the Fair Information Practice Principles or other privacy and civil liberties policies, principles, and frameworks as they apply to each agency’s activities.
Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(span) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The DNI is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama. 