Title 50War and National DefenseRelease 119-73

§3334n Certification relating to information technology and software systems

Title 50 › Chapter CHAPTER 45— - MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES › Subchapter SUBCHAPTER II— - PERSONNEL AND ADMINISTRATIVE AUTHORITIES › § 3334n

Last updated Apr 6, 2026|Official source

Summary

Before an intelligence office signs, renews, or extends a contract to buy information technology or software, the office head must tell the Director of National Intelligence that the product is the newest version or explain why a older one was chosen, that it can work with new technologies like artificial intelligence, and that other options were reviewed and are not better. The Director may excuse an office if the rules would create security or operational risks. The Director must also give written guidance to agency heads and send it to the congressional intelligence committees and the Defense Subcommittees of both the Senate and House Appropriations Committees. The guidance will set evaluation rules, promote adopting new tech and retiring old systems (including possible funding help), and require training and accountability for staff who integrate new technologies.

Full Legal Text

Title 50, §3334n

War and National Defense — Source: USLM XML via OLRC

(a)Prior to the date on which the head of an element of the intelligence community enters into, renews, or extends a contract for the acquisition of an information technology or software system, the head shall certify to the Director of National Intelligence the following:
(1)That the information technology or software system is the most up-to-date version of the system available or, if it is not, why a more out of date version was chosen.
(2)That the information technology or software system is compatible with integrating new and emerging technologies, such as artificial intelligence.
(3)That the information technology or software system was thoroughly reviewed and alternative products are not superior to meet the requirements of the element.
(b)The Director of National Intelligence may exempt elements of the intelligence community, as appropriate, from the requirements under (a) 11 So in original. Probably should be “subsection (a)”. if meeting such requirements may pose security or operational risks.
(c)The Director shall issue to the heads of the elements of the intelligence community, and 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, guidance to—
(1)establish guidelines that the heads of the relevant elements of the intelligence community shall use to evaluate the criteria required for the certifications under subsection (a);
(2)incentivize each such head to adopt and integrate new and emerging technology within information technology and software systems of the element and to decommission and replace outdated systems, including through potential funding enhancements; and
(3)incentivize, and hold accountable, personnel of the intelligence community with respect to the integration of new and emerging technology within such systems, including through the provision of appropriate training programs and evaluations.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Definitions For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title. For definitions of “emerging technology” and “artificial intelligence” as used in this section, see section 6701 of Pub. L. 117–263, set out as a note under section 3024 of this title.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3334n

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73