FY2025 NDAA, Section 6506 ("Enhancement of authority for intelligence community public-private talent exchanges")

Amends section 5306 to require public-private talent exchanges in intelligence or counterintelligence to focus on fields including artificial intelligence. Extends the duration of temporary details for such exchanges from 3 years to 5 years. Prohibits private-sector employees detailed to the intelligence community from accessing trade secrets or proprietary information. Clarifies that participation in the exchange program does not create an organizational conflict of interest solely by virtue of involvement. Requires implementation of systems to address any identified conflicts of interest. Mandates the Director of National Intelligence to submit annual reports to Congress on the implementation and use of the exchange program, including recommendations for improvements, for three consecutive years.

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FY2025 NDAA, Section 6506 ("Enhancement of authority for intelligence community public-private talent exchanges")

ETO AGORA · NDAA provisions · 2024

Summary

Amends section 5306 to require public-private talent exchanges in intelligence or counterintelligence to focus on fields including artificial intelligence.

Extends the duration of temporary details for such exchanges from 3 years to 5 years.

Prohibits private-sector employees detailed to the intelligence community from accessing trade secrets or proprietary information.

Clarifies that participation in the exchange program does not create an organizational conflict of interest solely by virtue of involvement.

Requires implementation of systems to address any identified conflicts of interest.

Mandates the Director of National Intelligence to submit annual reports to Congress on the implementation and use of the exchange program, including recommendations for improvements, for three consecutive years.

Amends the FY 2018, 2019, and 2020 Intelligence Authorization Acts by requiring the Director to focus on talent exchanges related to intelligence or counterintelligence with private-sector organizations in fields including finance, AI, and cybersecurity.

SEC. 6506. Enhancement of authority for intelligence community public-private talent exchanges.

(a) Focus areas.--Subsection (a) of section 5306 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334) is amended--

(1) by striking "Not later than" and inserting the following:

"(1) IN GENERAL.--Not later than"; and

(2) by adding at the end the following:

"(2) FOCUS AREAS.--The Director shall ensure that the policies, processes, and procedures developed pursuant to paragraph (1) require exchanges under this section that relate to intelligence or counterintelligence with a focus on rotations described in such paragraph with private-sector organizations in the following fields:

"(A) Finance.

"(B) Acquisition.

"(C) Biotechnology.

"(D) Computing.

"(E) Artificial intelligence.

"(F) Business process innovation and entrepreneurship.

"(G) Cybersecurity.

"(H) Materials and manufacturing.

"(I) Any other technology or research field the Director determines relevant to meet evolving national security threats in technology sectors.".

Amends duration of temporary details to 5 years; restricts private-sector employees who are detailed to an element of the intelligence community from accessing trade secrets; instructs heads of intelligence community elements to address organizational conflicts of interest.

(b) Duration of temporary details.--Subsection (e) of section 5306 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334) is amended--

(1) in paragraph (1), by striking "3 years" and inserting "5 years"; and

(2) in paragraph (2), by striking "3 years" and inserting "5 years".

(c) Treatment of private-sector employees.--Subsection (g) of such section is amended--

(1) in paragraph (5), by striking "; and" and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting "; and"; and

(3) by adding at the end the following:

"(7) shall not have access to any trade secrets or proprietary information which is of commercial value or competitive advantage to the private-sector organization from which such employee is detailed.".

(d) Organizational conflicts of interest.--Such section is amended--

(1) by redesignating subsection (i) as subsection (j); and

(2) by inserting after subsection (h) the following:

"(i) Organizational conflicts of interest.--

"(1) IN GENERAL.--A private-sector organization that temporarily details a member of its workforce to an element of the intelligence community or that accepts the temporary detail of a member of the intelligence community shall not be considered to have an organizational conflict of interest with the element of the intelligence community solely because of participation in the program established under this section.

"(2) IDENTIFICATION OF CONFLICTS OF INTEREST.--If the identification of an organizational conflict of interest arises based on the particular facts surrounding an individual's participation in the program established under this section and the nature of any contract, then the heads of intelligence community elements shall implement a system to avoid, neutralize, or mitigate any such organizational conflicts of interest.".

Requires the Director of National Intelligence to submit annual reports on policy implementation and use of authorities related to facilitating exchanges between personnel of the intelligence community and private-sector.

(e) Annual reports.--

(1) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.--In this subsection, the term "appropriate committees of Congress" means--

(A) the congressional intelligence committees;

(B) the Committee on Appropriations of the Senate; and

(C) the Committee on Appropriations of the House of Representatives.

(2) IN GENERAL.--Not later than 1 year after the date of the enactment of this Act and annually thereafter for 2 more years, the Director of National Intelligence shall submit to the appropriate committees of Congress an annual report on--

(A) the implementation of the policies, processes, and procedures developed pursuant to subsection (a) of such section 5306 (50 U.S.C. 3334) and the administration of such section;

(B) how the heads of the elements of the intelligence community are using or plan to use the authorities provided under such section; and

(C) recommendations for legislative or administrative action to increase use of the authorities provided under such section.

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