50 U.S.C. § 3334n: Certification relating to…

Summary

Before signing, renewing, or extending any contract for an information technology or software system, the head of an intelligence office must tell the Director of National Intelligence that the system is the newest available (or explain why a older version was chosen), that it can work with new tech like artificial intelligence, and that other products were checked and none were better. The Director of National Intelligence can excuse an office if following these rules would create security or operational risks. The Director must give simple rules to the intelligence offices and send those rules to the congressional intelligence committees and the Defense Subcommittees of the Senate and House Appropriations Committees. The rules must explain how to check the three items above, encourage adopting new technology and retiring old systems (including possible funding help), and push for staff training, incentives, and accountability.

Title 50, §3334n

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(a)Certifications required

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technology or software system is the most up-to-date version of the system available or, if it is not, why a more out of date version was chosen.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)Exemption

The Director of National Intelligence may exempt elements of the intelligence community, as appropriate, from the requirements under (a) if meeting such requirements may pose security or operational risks.

(c)Guidance

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.

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.

§3334n Certification Relating to Information Technology and Software Systems

Summary

Title 50, §3334n

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata