1
See References in Text note below.
References in Text
This title, referred to in subsec. (e), means title LXVII of div. F of [Pub. L. 117–263], Dec. 23, 2022, [136 Stat. 3560], which enacted this section and sections 3034b, 3334n, and 3334o of this title, amended sections 3024 and 3030 of this title, and enacted provisions set out as notes under sections 3024 and 3030 of this title. For complete classification of title LXVII to the Code, see Tables.
Amendments
2025—Subsec. (a). [Pub. L. 119–60, § 6603(a)(1)], substituted “subsection (e)” for “subsection (c)” in introductory provisions.
[Pub. L. 119–60, § 6602(a)(1)], substituted “the Chief Artificial Intelligence Officers” for “the officials” in introductory provisions.
Subsec. (c). [Pub. L. 119–60, § 6603(a)(3)], added subsec. (c). Former subsec. (c) redesignated (e).
[Pub. L. 119–60, § 6602(a)(2)], substituted “Chief Artificial Intelligence Officers” for “leads” in heading and “the designated Chief Artificial Intelligence Officer, with lead responsibility” for “the designated element lead responsible” and “designated Chief Artificial Intelligence Officers” for “designated element leads” in text.
Subsecs. (d), (e). [Pub. L. 119–60, § 6603(a)(2)], (3), added subsec. (d) and redesignated subsec. (c) as (e).
2023—Subsec. (a). [Pub. L. 118–31, § 7513(a)(1)], substituted “subsection (c)” for “subsection (b)” in introductory provisions.
Subsecs. (b), (c). [Pub. L. 118–31, § 7513(a)(2)], (3), added subsec. (b) and redesignated former subsec. (b) as (c).
Statutory Notes and Related Subsidiaries
Rule of Construction
[Pub. L. 119–60, div. F, title LXVI, § 6603(b)], Dec. 18, 2025, [139 Stat. 1635], provided that: “Nothing in subsection (c) or (d) of section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m), as added by subsection (a)(3) of this section, shall be construed—“(1)
to authorize an officer or employee of the intelligence community to direct a vendor or prospective vendor to alter a model to favor a particular viewpoint; or
“(2)
to apply to, limit, restrict, or otherwise affect any department, agency, or division or function of a department or agency outside of the intelligence community.”
[For definition of “intelligence community” as used in [section 6603(b) of Pub. L. 119–60], set out above, see [section 6002 of Pub. L. 119–60], set out as a note under section 3003 of this title.]
Artificial Intelligence Development and Usage by Intelligence Community
[Pub. L. 119–60, div. F, title LXVI, § 6602], Dec. 18, 2025, [139 Stat. 1634], provided that:“(a)
Chief Artificial Intelligence Officers for Elements of the Intelligence Community.—
“(b)
Identification of Commonly Used Artificial Intelligence Systems and Functions That Can Be Re-used by Other Elements.—
Not later than 1 year after the date of the enactment of this Act [Dec. 18, 2025], the Chief Information Officer of the Intelligence Community shall, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, identify commonly used artificial intelligence systems or functions that have the greatest potential for re-use without significant modification by other intelligence community elements.
“(c)
Sharing of Identified Applications and Functions.—
To the extent consistent with the protection of intelligence sources and methods, for any artificial intelligence system or function identified pursuant to subsection (b), each Chief Artificial Intelligence Officer of an element of the intelligence community shall adopt a policy to promote the sharing, to the extent practical, of any custom-developed code and other key technical components, including models and model weights, whether agency-developed or procured, with other elements of the intelligence community that rely on common artificial intelligence systems or functions.
“(d)
Model Contract Terms.—
The Chief Information Officer of the Intelligence Community shall provide the elements of the intelligence community with model contractual terms for consideration by the heads of those elements to appropriately address technical data rights and rights related to artificial intelligence dataset requirements, minimize dependency on proprietary information, and promote the adoption of procurement practices that encourage competition to sustain a robust marketplace for artificial intelligence products and services, including through contractual preferences for interoperable artificial intelligence products and services.
“(e)
Tracking and Evaluating Performance.—
Each head of an element of the intelligence community shall track and evaluate performance of procured and element-developed artificial intelligence, including efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, and trustworthiness.”
[For definition of “intelligence community” as used in [section 6602 of Pub. L. 119–60], set out above, see [section 6002 of Pub. L. 119–60], set out as a note under section 3003 of this title.]
Updates
[Pub. L. 119–60, div. F, title LXVI, § 6603(c)], Dec. 18, 2025, [139 Stat. 1636], provided that: “The Director shall make such revisions to the policies issued under subsections (a) and (b) of section 6702 of such Act [Intelligence Authorization Act for Fiscal Year 2023, 50 U.S.C. 3334m] as the Director considers necessary.”
Prohibition on Use of Deepseek on Intelligence Community Systems
[Pub. L. 119–60, div. F, title LXVI, § 6604], Dec. 18, 2025, [139 Stat. 1636], provided that:“(a)
Prohibition.—
The Director of National Intelligence, in consultation with the other heads of the elements of the intelligence community, shall develop standards and guidelines for elements of the intelligence community that require the removal of any covered application from national security systems operated by an element of the intelligence community, a contractor to an element of the intelligence community, or another entity on behalf of an element of the intelligence community.
“(b)
Applicability of Information Security Requirements.—
The standards and guidelines developed under subsection (a) shall be consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code.
“(c)
National Security and Research Exceptions.—
The standards and guidelines developed under subsection (a) shall include—
“(1)
exceptions for national security purposes and research activities; and
“(2)
risk mitigation standards and guidelines that shall apply in the case of an exception described in paragraph (1).
“(d)
Initial Standards and Guidelines.—
The Director of National Intelligence shall develop the initial standards and guidelines under subsection (a) not later than 60 days after the date of the enactment of this Act [Dec. 18, 2025].
“(e)
Definitions.—
In this section:
“(1)
Covered application.—
The term ‘covered application’ means the DeepSeek application or any successor application or service.
“(2)
National security system.—
The term ‘national security system’ has the meaning given the term in
section 3552 of title 44, United States Code.”
[For definition of “intelligence community” as used in [section 6604 of Pub. L. 119–60], set out above, see [section 6002 of Pub. L. 119–60], set out as a note under section 3003 of this title.]
Definitions
For definition of “intelligence community” as used in this section, see [section 6002 of Pub. L. 119–60], set out as a note under section 3003 of this title.
For definition of “intelligence community” 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 “artificial intelligence” and “emerging technology” as used in this section, see [section 6701 of Pub. L. 117–263], set out as a note under section 3024 of this title.