50 U.S.C. § 3034c — Intelligence Community Innovation Unit

Page 622 TITLE 50—WAR AND NATIONAL DEFENSE § 3034c 1 So in original. The period probably should be a semicolon. (July 26, 1947, ch. 343, title I, § 103K, as added Pub. L. 117–263, div. F, title LXVII, § 6704, Dec. 23, 2022, 136 Stat. 3562; amended Pub. L. 118–31, div. G, title III, § 7310(b)(1), Dec. 22, 2023, 137 Stat. 1028.) Editorial Notes AMENDMENTS 2023—Subsec. (c)(4). Pub. L. 118–31 inserted ‘‘relating to data’’ after ‘‘duties’’. Statutory Notes and Related Subsidiaries REMOVAL OF UNRELATED DUTIES AND FUNCTIONS Pub. L. 118–31, div. G, title III, § 7310(b)(2), Dec. 22, 2023, 137 Stat. 1028, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], consistent with section 103K(c) of the National Security Act of 1947 (50 U.S.C. 3034b(c)), as amended by paragraph (1), the Director of National Intelligence shall complete such internal reorganization of the Of- fice of the Director of National Intelligence as the Di- rector determines necessary to ensure that the duties of the Intelligence Community Chief Data Officer ap- pointed under such section do not include any other duty that does not relate to an issue involving data.’’ § 3034c. Intelligence Community Innovation Unit (a) Definitions In this section: (1) Emerging technology the term ‘‘emerging technology’’ has the meaning given that term in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 3024 note). (2) Unit The term ‘‘Unit’’ means the Intelligence Community Innovation Unit. (b) Plan for implementation of Intelligence Com- munity Innovation Unit (1) Plan required Not later than 180 days after December 22, 2023, the Director of National Intelligence shall develop a plan for how to implement the Intelligence Community Innovation Unit within the intelligence community. (2) Matters covered The plan developed pursuant to paragraph (1) shall cover how the Unit will— (A) benefit heads of the elements of the in- telligence community in identifying com- mercial emerging technologies and associ- ated capabilities to address critical mission needs of elements of the intelligence com- munity; (B) provide to the heads of the elements of the intelligence community seeking to field commercial emerging technologies technical expertise with respect to such technologies.1 (C) facilitate the transition of potential prototypes and solutions to critical mission needs of the intelligence community from research and prototype projects to produc- tion; and (D) serve as a liaison between the intel- ligence community and the private sector, in which capacity such liaison shall focus on small- and medium-sized companies and other organizations that do not have signifi- cant experience engaging with the intel- ligence community. (3) Requirements The plan developed pursuant to paragraph (1) shall— (A) plan for not more than 50 full-time equivalent personnel; and (B) include an assessment as to how the es- tablishment of the Unit would benefit the identification and evaluation of commercial emerging technologies for prototyping and potential adoption by the intelligence com- munity to fulfill critical mission needs. (4) Submission to Congress Upon completing development of the plan pursuant to paragraph (1), the Director shall— (A) submit to the congressional intel- ligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on De- fense of the Committee on Appropriations of the House of Representatives a copy of the plan; and (B) provide such committees and sub- committees a briefing on the plan. (c) Establishment To the extent and in such amounts as specifi- cally provided in advance in appropriations Acts for the purposes detailed in this section, not later than 180 days after the date on which the Director of National Intelligence submits the plan pursuant to subsection (b)(4)(A), the Direc- tor of National Intelligence shall establish the Unit within the Office of the Director of Na- tional Intelligence. (d) Limitation The Unit shall not abrogate or otherwise con- strain any element of the intelligence commu- nity from conducting authorized activities. (e) Director of the Intelligence Community Inno- vation Unit (1) Appointment; reporting The head of the Unit is the Director of the Intelligence Community Innovation Unit, who shall be appointed by the Director of National Intelligence and shall report directly to the Director of National Intelligence. (2) Qualifications In selecting an individual for appointment as the Director of the Intelligence Community Innovation Unit, the Director of National In- telligence shall give preference to individuals who the Director of National Intelligence de- termines have— (A) significant relevant experience involv- ing commercial emerging technology within the private sector; and (B) a demonstrated history of fostering the adoption of commercial emerging tech- nologies by the United States Government or the private sector. (f) Staff (1) In general In addition to the Director of the Intel- ligence Community Innovation Unit, the Unit Page 623 TITLE 50—WAR AND NATIONAL DEFENSE § 3034d shall be composed of not more than 50 full- time equivalent positions. (2) Staff with certain expertise The Director of National Intelligence shall ensure that there is a sufficient number of staff of the Unit, as determined by the Direc- tor, with expertise in— (A) other transaction authorities and non- traditional and rapid acquisition pathways for emerging technology; (B) engaging and evaluating small- and medium-sized emerging technology compa- nies; (C) the mission needs of the intelligence community; and (D) such other skills or experiences as the Director determines necessary. (g) Authority relating to detailees Upon request of the Unit, each head of an ele- ment of the intelligence community may detail to the Unit any of the personnel of that element to assist in carrying out the duties under sub- section (b) on a reimbursable or a nonreimburs- able basis. (h) Ensuring transition from prototyping to pro- duction The Director of the Intelligence Community Innovation Unit shall transition research and prototype projects to products in a production stage upon identifying a demonstrated critical mission need of one or more elements of the in- telligence community and a potential mission partner likely to field and further fund upon maturation, including by designating projects as Emerging Technology Transition Projects under the pilot program required by section 6713 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 3024 note). (i) Encouragement of use by elements The Director of National Intelligence shall take such steps as may be necessary to encour- age the use of the Unit by the heads of the other elements of the intelligence community. (j) Rules of construction (1) No preferential treatment for private sector Nothing in this section shall be construed to require any element of the intelligence com- munity to provide preferential treatment for any private sector entity with regard to pro- curement of technology construed as restrict- ing or preempting any activities of the intel- ligence community. (2) No additional authority The Unit established pursuant to subsection (c) will be limited to the existing authorities possessed by the Director of National Intel- ligence. (k) Sunset The authorities and requirements of this sec- tion shall terminate on the date that is 5 years after the date of the establishment of the Unit. (July 26, 1947, ch. 343, title I, § 103L, as added Pub. L. 118–31, div. G, title V, § 7502, Dec. 22, 2023, 137 Stat. 1079.) § 3034d. National Intelligence Management Coun- cil (a) Establishment There is within the Office of the Director of National Intelligence a National Intelligence Management Council. (b) Composition (1) The National Intelligence Management Council shall be composed of senior officials within the intelligence community and sub- stantive experts from the public or private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of National Intelligence. (2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of serv- ice on the National Intelligence Management Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly in- trusive requirements which the Director con- siders to be unnecessary for this purpose. (c) Duties and responsibilities Members of the National Intelligence Manage- ment Council shall work with each other and with other elements of the intelligence commu- nity to ensure proper coordination and to mini- mize duplication of effort, in addition to the fol- lowing duties and responsibilities: (1) Provide integrated mission input to sup- port the processes and activities of the intel- ligence community, including with respect to intelligence planning, programming, budg- eting, and evaluation processes. (2) Identify and pursue opportunities to inte- grate or coordinate collection and counter- intelligence efforts. (3) In concert with the responsibilities of the National Intelligence Council, ensure the inte- gration and coordination of analytic and col- lection efforts. (4) Develop and coordinate intelligence strategies in support of budget planning and programming activities. (5) Advise the Director of National Intel- ligence on the development of the National In- telligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities). (6) In concert with the responsibilities of the National Intelligence Council, support the role of the Director of National Intelligence as principal advisor to the President on intel- ligence matters. (7) Inform the elements of the intelligence community of the activities and decisions re- lated to missions assigned to the National In- telligence Management Council. (8) Maintain awareness, across various func- tions and disciplines, of the mission-related activities and budget planning of the intel- ligence community. (9) Evaluate, with respect to assigned mis- sion objectives, requirements, and unmet re- quirements, the implementation of the budget of each element of the intelligence commu- nity.