Sec. 514. Reduction of barriers relating to contracts for artificial intelligence and other emerging technologies
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Congress finds the following: Authorizations to operate are essential to maintaining network and system security. However, Congress is concerned that the executive branch does not have a user-friendly platform or process to adjudicate and review authority to operate applications. Nor is the executive branch resourced to meet the demand for authority to operate certifications from commercial vendors, leading to lengthy delays to bring commercial solutions into government networks and systems.
These barriers handicap the executive branch when contracting for cutting-edge technologies. It is the sense of Congress that— the intelligence community and the Secretary of Defense should develop a resourcing plan to address these issues, including developing common platforms for applications and requirements to be shared with industry, and a process for authority to operate certification reciprocity across the Department of Defense and the intelligence community, with the appropriate safeguards; easing these administrative costs and burdens helps cultivate an ecosystem that incentivizes small- and medium-sized emerging technology companies to work with the Federal Government, which is essential for the United States to compete globally for technology supremacy; sensitive compartmented information facilities are often requirements for companies that wish to conduct business with the intelligence community; unfortunately, the process to accredit and certify a facility as a sensitive compartmented information facility is time consuming and expensive, which further raises the barriers to entry for small- and medium-sized emerging technology companies; and lowering those barriers is an important function of the intelligence community to gain access to the cutting-edge technology offered by such companies.
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Defense, shall develop and submit to the appropriate congressional committees a protocol setting forth policies and procedures relating to authority to operate certifications held by commercial providers. The protocol under paragraph
(1)shall include, at a minimum, the following: A policy that ensures reciprocal recognition among the elements of the intelligence community and the Department of Defense of authority to operate certifications held by commercial providers. Such reciprocal recognition shall be limited to authority to operate certifications for systems that store or provide access to data classified at an equal or higher classification level. Procedures under which a commercial provider that is a contractor of an element of the intelligence community or the Department of Defense and holds an authority to operate certification for a system that relates to the contract concerned may provide to head of such element or the Secretary of Defense, as the case may be, the most recently updated version of any software, data, or application under such system without being required to submit an application for a new or renewed authority to operate certification. Procedures for the automated review, renewal, and revocation of authority to operate certifications held by commercial providers, subject to such conditions as may be prescribed by the Director of National Intelligence, in coordination with the Secretary of Defense. Standard documentation requirements for commercial providers submitting applications for authority to operate certifications. Such requirements shall be— established jointly by the Director of National Intelligence and the Secretary of Defense; and except as provided in paragraph (3), uniform across the Department of Defense and the elements of the intelligence community for each appropriate level of security. A requirement to establish a joint portal of the Office of the Director of National Intelligence and the Department of Defense for the maintenance of records, applications, and system requirements for authority to operate certifications. Such portal shall be designed to store unclassified information, but may provide for the storage of classified information to the extent determined necessary by the Director of National Intelligence and the Secretary of Defense. A workforce plan that addresses the shortage of personnel of the intelligence community who are authorized to grant an authority to operate certification, including recommendations by the Director of National Intelligence for increased pay and other incentives to recruit and retain such personnel. Policies and procedures to ensure coordination across the elements of the intelligence community with respect to the protocol under paragraph (1), including a requirement for— the Director of National Intelligence to designate an official to lead such coordination across the intelligence community; and the head of each element of the intelligence community to designate an official of the element to oversee the implementation of such protocol with respect to the element. Procedures to ensure data security and safety with respect to the implementation of the protocol under paragraph (1). A proposed timeline for the implementation of the protocol under paragraph
(1)by the deadline specified in such paragraph. The Director of National Intelligence and the Secretary of Defense may jointly establish nonuniform documentation requirements for commercial providers submitting applications for authority to operate certifications, in addition to the requirements specified in paragraph (2)(D), only if, prior to such establishment, the Director and Secretary provide to the appropriate congressional committees a briefing on why such additional requirements are necessary. In this subsection: The term appropriate congressional committees means— the congressional intelligence committees; and the Committees on Armed Services of the House of Representatives and the Senate. The term authority to operate certification means, with respect to a system, a formal designation by a designated approving authority that authorizes the operation of the system by a Federal department or agency and includes an acknowledgment that the Federal department or agency accepts the risk of such operation. The term contract concerned , with respect to a contractor of an element of the intelligence community or the Department of Defense, means the contract entered into by that contractor with the head of the element or the Secretary of Defense, as the case may be. Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense, in consultation with the heads of such other elements of the intelligence community as the Director of National Intelligence may determine appropriate, shall jointly— develop a plan to expand access by covered contractors to sensitive compartmented information facilities for the purpose of providing covered contractors with a facility to securely perform work under covered contracts; and provide to the appropriate congressional committees a briefing on such plan. The plan under paragraph
(1)shall include the following: An overview of the existing sensitive compartmented information facilities, if any, that may be repurposed for the purpose specified in paragraph (1). An assessment of the feasibility of building additional sensitive compartmented information facilities for such purpose. An assessment of the relative costs and benefits of repurposing existing, or building additional, sensitive compartmented information facilities for such purpose. The eligibility criteria for determining which covered contractors may be granted access to sensitive compartmented information facilities for such purpose. An estimate of the maximum number of covered contractors that may be provided access to sensitive compartmented information facilities for such purpose, taking into account the matters specified in subparagraphs
(A)and (B). Policies to ensure the efficient and narrow use of sensitive compartmented information facilities for such purpose, including a timeline for the length of such use by a covered contractor and a detailed description of the process to terminate access to the sensitive compartmented information facility by a covered contractor upon— the expiration of the covered contract of the covered contractor; or a determination that the covered contractor no longer has a need for such access to fulfill the terms of such contract. Pricing structures for the use of sensitive compartmented information facilities by covered contractors for the purpose specified in paragraph (1). Such pricing structures— may include free use (for the purpose of incentivizing future covered contracts), with the potential for pricing to increase dependent on the length of the covered contract, the size of the covered contractor, and the need for such use; and shall ensure that the cumulative cost for a covered contractor to rent and independently certify a sensitive compartmented information facility for such purpose does not exceed the market average for the Director of National Intelligence or the Secretary of Defense to build, certify, and maintain a sensitive compartmented information facility. A security plan for vetting each covered contractor prior to the access of a sensitive compartmented information facility by the covered contractor for the purpose specified in paragraph (1), and an assessment of potential security concerns regarding such access. A proposed timeline for the expansion of access to sensitive compartmented information facilities in accordance with paragraph (1). Such other matters as the Director of National Intelligence or the Secretary of Defense considers relevant to such expansion. Under the eligibility criteria specified in subparagraph (D)— unless the Director of National Intelligence determines the source of the financing of a covered contractor poses a national security risk, such source of financing may not be taken into consideration in making a determination as to the eligibility of the covered contractor; and preference shall be given to any preferred contractor described in paragraph (4). A preferred contractor described in this paragraph is a covered contractor— that is a small business concern that has a Phase I or Phase II SBIR award for a project under a covered contract and demonstrates a need for access to a sensitive compartmented information facility with respect to such ongoing project; or the covered contract of which is a contract entered into with the Director of AFWERX of the Air Force (or such successor program), the Director of the Defense Innovation Unit of the Department of Defense, or the head of any other program or element of the Federal Government with a focus on technology or innovation. In this subsection: The term appropriate congressional committees means— the congressional intelligence committees; and the Committees on Armed Services of the House of Representatives and the Senate. The term covered contract means a contract entered into by a covered contractor with the head of an element of the intelligence community or the Secretary of Defense that relates to the development of technology solutions for the intelligence community or the Department of Defense, as the case may be. The term covered contractor means a contractor of the intelligence community or the Department of Defense that the Director of National Intelligence determines is a small- or medium-sized technology company in an early stage of developing technology solutions pursuant to a covered contract. The terms Phase I , Phase II , and SBIR have the meanings given those terms in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). The term small business concern has the meaning given that term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the extent to which security clearance requirements delay, limit, or otherwise disincentivize emerging technology companies from entering into contracts with the United States Government. Each report under paragraph
(1)shall include the following: Statistics on the periods of time between the submission of applications for security clearances by employees of emerging technology companies and the grant of such security clearances, disaggregated by the size of the respective company. The number of security clearances granted to employees of small- or medium-sized emerging technology companies during the period covered by the report. The number of applications for security clearances submitted by employees of emerging technology companies that have yet to be adjudicated as of the date on which the report is submitted. A projection, for the year following the date on which the report is submitted, of the number of security clearances necessary for employees of emerging technology companies to perform work on behalf of the intelligence community during such year, and an assessment of the capacity of the intelligence community to meet such demand. An identification of each occurrence, during the period covered by the report, in which an emerging technology company withdrew from or declined to accept a contract with the United States Government on the sole basis of delays, limitations, or other issues involving security clearances, and a description of the types of business the United States Government has lost as a result of such occurrences. Recommendations for expediting the grant of security clearances to employees of emerging technology companies, including with respect to any additional resources, authorities, or personnel that the Director of National Intelligence determines may be necessary for such expedition. Each report under paragraph
(1)may be submitted in classified form, but if so submitted shall include an unclassified executive summary. At the time that the President submits to Congress the budget for fiscal year 2024 pursuant to section 1105 of title 31, United States Code, the Director of National Intelligence shall submit to the congressional intelligence committees a proposal to improve the capacity of the workforce responsible for the investigation and adjudication of security clearances, with the goal of reducing the period of time specified in paragraph (2)(A) to less than 60 days. Such proposal shall include an identification of any resources the Director determines necessary to expand the number of individuals authorized to conduct polygraphs on behalf of the intelligence community, including by furnishing necessary training to such individuals.
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Sec. 514
Reduction of barriers relating to contracts for artificial intelligence and other emerging technologies
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