H. R. 7776—1166 
‘‘(bb) not a difference of opinion concerning 
public policy matters.’’. 
(b) INSPECTOR GENERAL ACT OF 1978.—Section 8H(h)(1)(A)(i) 
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended 
by striking ‘‘involving’’ and all that follows through ‘‘policy matters.’’ 
and inserting the following: ‘‘of the Federal Government that is— 
‘‘(I) a matter of national security; and 
‘‘(II) not a difference of opinion concerning 
public policy matters.’’. 
(c) CENTRAL INTELLIGENCE AGENCY ACT
OF 1949.—Section 
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by striking ‘‘involving’’ 
and all that follows through ‘‘policy matters.’’ and inserting the 
following: ‘‘of the Federal Government that is— 
‘‘(AA) a matter of national security; 
and 
‘‘(BB) not a difference of opinion con-
cerning public policy matters.’’. 
TITLE LXVII—MATTERS RELATING TO 
EMERGING TECHNOLOGIES 
Subtitle A—General Matters 
SEC. 6701. DEFINITIONS. 
In this title: 
(1) ARTIFICIAL INTELLIGENCE.—The term ‘‘artificial intel-
ligence’’ has the meaning given that term in section 5002 of 
the National Artificial Intelligence Initiative Act of 2020 (15 
U.S.C. 9401). 
(2) AUTHORIZATION TO OPERATE.—The term ‘‘authorization 
to operate’’ has the meaning given that term in Circular 
Number A-130 of the Office of Management and Budget, ‘‘Man-
aging Information as a Strategic Resource’’, or any successor 
document. 
(3) CODE-FREE
ARTIFICIAL
INTELLIGENCE
ENABLEMENT 
TOOLS.—The term ‘‘code-free artificial intelligence enablement 
tools’’ means software that provides an environment in which 
visual drag-and-drop applications, or similar tools, allow one 
or more individuals to program applications without linear 
coding. 
(4) COMMERCIAL PRODUCT.—The term ‘‘commercial product’’ 
has the meaning given that term in section 103 of title 41, 
United States Code. 
(5) COMMERCIAL SERVICE.—The term ‘‘commercial service’’ 
has the meaning given that term in section 103a of title 41, 
United States Code. 
(6) COVERED ITEM OR SERVICE.—The term ‘‘covered item 
or service’’ means a product, system, or service that is not 
a commercially available off-the-shelf item, a commercial 
service, or a nondevelopmental item, as those terms are defined 
in title 41, United States Code. 
(7) COVERED PRODUCT.—The term ‘‘covered product’’ means 
a commercial software product that involves emerging tech-
nologies or artificial intelligence.
H. R. 7776—1167 
(8) EMERGING
TECHNOLOGY.—The term ‘‘emerging tech-
nology’’ means— 
(A) technology that is in a developmental stage or 
that may be developed during the 10-year period beginning 
on January 1, 2022; or 
(B) any technology included in the Critical and 
Emerging Technologies List published by the White House 
in February 2022, or any successor document. 
SEC. 
6702. 
ADDITIONAL 
RESPONSIBILITIES 
OF 
DIRECTOR 
OF 
NATIONAL 
INTELLIGENCE 
FOR 
ARTIFICIAL 
INTEL-
LIGENCE POLICIES, STANDARDS, AND GUIDANCE FOR 
THE INTELLIGENCE COMMUNITY. 
(a) RESPONSIBILITIES
OF
DIRECTOR
OF
NATIONAL
INTEL-
LIGENCE.—The Director of National Intelligence, in consultation 
with the heads of the elements of the intelligence community or 
the officials designated under subsection (b), shall— 
(1) establish, and periodically conduct reviews of, policies, 
standards, and procedures relating to the acquisition, adoption, 
development, use, coordination, and maintenance of artificial 
intelligence capabilities and associated data, frameworks, com-
puting environments, and other enablers by the intelligence 
community (including by incorporating and updating such poli-
cies based on emerging technology capabilities), to accelerate 
and increase the adoption of artificial intelligence capabilities 
within the intelligence community; 
(2) ensure policies established or updated pursuant to para-
graph (1) are consistent with— 
(A) the principles outlined in the guidance of the Office 
of the Director of National Intelligence titled ‘‘Principles 
of Artificial Intelligence Ethics for the Intelligence Commu-
nity and its Artificial Intelligence Ethics Framework for 
the Intelligence Community’’, or any successor guidance; 
and 
(B) any other principles developed by the Director 
relating to the governance, documentation, auditability, or 
evaluation of artificial intelligence systems or the accurate, 
secure, ethical, and reliable adoption or use of artificial 
intelligence; and 
(3) provide to the heads of the elements of the intelligence 
community guidance for developing the National Intelligence 
Program budget pertaining to such elements to facilitate the 
acquisition, adoption, development, use, and maintenance of 
element-specific artificial intelligence capabilities, and to ensure 
the associated data, frameworks, computing environments, and 
other enablers are appropriately prioritized. 
(b) DESIGNATED LEADS WITHIN EACH ELEMENT OF THE INTEL-
LIGENCE COMMUNITY.—Each head of an element of the intelligence 
community, in coordination with the Director of National Intel-
ligence, shall identify a senior official within the element to serve 
as the designated element lead responsible for overseeing and 
coordinating efforts relating to artificial intelligence, including 
through the integration of the acquisition, technology, human cap-
ital, and financial management aspects necessary for the adoption 
of artificial intelligence solutions. Such designated element leads 
shall meet regularly to consult and coordinate with the Director
H. R. 7776—1168 
of National Intelligence regarding the implementation of this section 
and this title. 
SEC. 6703. DIRECTOR OF SCIENCE AND TECHNOLOGY. 
(a) EMERGING TECHNOLOGY ADOPTION.—The Director of Science 
and Technology may— 
(1) conduct reviews of the policies, standards, and proce-
dures of the intelligence community that relate to emerging 
technologies and, as appropriate, recommend to the Director 
of National Intelligence changes to such policies, standards, 
and procedures, to accelerate and increase the adoption of 
emerging technologies by the intelligence community; 
(2) make recommendations, in coordination with the heads 
of the elements of the intelligence community, to the Director 
of National Intelligence with respect to the budgets of such 
elements, to accelerate and increase the adoption of emerging 
technologies by such elements; and 
(3) coordinate with the Under Secretary of Defense for 
Research and Engineering on initiatives, policies, and programs 
carried out jointly between the intelligence community and 
the Department of Defense to accelerate and increase the adop-
tion of emerging technologies. 
(b) APPOINTMENT CRITERIA.—Section 103E(b) of the National 
Security Act of 1947 (50 U.S.C. 3030(b)) is amended by adding 
at the end the following: ‘‘In making such appointment, the Director 
of National Intelligence may give preference to an individual with 
experience outside of the United States Government.’’. 
SEC. 6704. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER. 
Title I of the National Security Act of 1947 (50 U.S.C. 3021 
et seq.) is amended by inserting after section 103J the following 
new section (and conforming the table of contents at the beginning 
of such Act accordingly): 
‘‘SEC. 103K. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER. 
‘‘(a) INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.—There 
is an Intelligence Community Chief Data Officer within the Office 
of the Director of National Intelligence who shall be appointed 
by the Director of National Intelligence. 
‘‘(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual 
appointed as the Intelligence Community Chief Data Officer shall 
have a professional background and experience appropriate for the 
duties of the Intelligence Community Chief Data Officer. In making 
such appointment, the Director of National Intelligence may give 
preference to an individual with experience outside of the United 
States Government. 
‘‘(c) DUTIES.—The Intelligence Community Chief Data Officer 
shall— 
‘‘(1) act as the chief representative of the Director of 
National Intelligence for data issues within the intelligence 
community; 
‘‘(2) coordinate, to the extent practicable and advisable, 
with the Chief Data Officer of the Department of Defense 
to ensure consistent data policies, standards, and procedures 
between the intelligence community and the Department of 
Defense;
H. R. 7776—1169 
‘‘(3) assist the Director of National Intelligence regarding 
data elements of the budget of the Office of the Director of 
National Intelligence; and 
‘‘(4) perform other such duties as may be prescribed by 
the Director of National Intelligence or specified in law.’’. 
Subtitle B—Improvements Relating to 
Procurement 
SEC. 6711. ADDITIONAL TRANSACTION AUTHORITY. 
(a) ANNUAL REPORTS; FEASIBILITY AND ADVISABILITY STUDY.— 
(1) REPORTS.—Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter for 5 years, 
the Director of National Intelligence shall submit to the 
congressional intelligence committees, the Committee on Appro-
priations of the Senate, and the Committee on Appropriations 
of the House of Representatives a report on the use of the 
authority under paragraph (5) of section 102A(n) of the National 
Security Act of 1947 (50 U.S.C. 3024(n)), as added by subsection 
(b). 
(2) FEASIBILITY AND ADVISABILITY STUDY.— 
(A) STUDY.—The Director of National Intelligence shall 
conduct a feasibility and advisability study on whether 
to provide to the heads of the elements of the intelligence 
community an additional transaction authority that is not 
restricted only to basic, applied, and advanced research 
projects and prototype projects (similar to such less restric-
tive additional transaction authorities of the Transpor-
tation Security Administration and the National Aero-
nautics and Space Administration). 
(B) SUBMISSION.—Not later than 1 year after the date 
of the enactment of this Act, the Director shall submit 
to the congressional intelligence committees, the Committee 
on Appropriations of the Senate, and the Committee on 
Appropriations of the House of Representatives the findings 
of the study conducted under subparagraph (A), including, 
if the Director determines a less restrictive additional 
transaction authority is advisable pursuant to such study, 
an identification of any legislative solutions or other actions 
necessary to implement such authority. 
(b) ADDITIONAL TRANSACTION AUTHORITY.—Section 102A(n) of 
the National Security Act of 1947 (50 U.S.C. 3024(n)) is amended 
by adding at the end the following: 
‘‘(5) OTHER TRANSACTION AUTHORITY.— 
‘‘(A) IN GENERAL.—In addition to other acquisition authori-
ties, the Director of National Intelligence may exercise the 
acquisition authorities referred to in sections 4021 and 4022 
of title 10, United States Code, subject to the provisions of 
this paragraph. 
‘‘(B) DELEGATION.—(i) The Director shall delegate the 
authorities provided by subparagraph (A) to the heads of ele-
ments of the intelligence community. 
‘‘(ii) The heads of elements of the intelligence community 
shall, to the maximum extent practicable, delegate the 
authority delegated under clause (i) to the official of the respec-
tive element of the intelligence community responsible for
H. R. 7776—1170 
decisions with respect to basic, applied, or advanced research 
activities or the adoption of such activities within such element. 
‘‘(C) INTELLIGENCE COMMUNITY AUTHORITY.—(i) For pur-
poses of this paragraph, the limitation in section 4022(a)(1) 
of title 10, United States Code, shall not apply to elements 
of the intelligence community. 
‘‘(ii) Subject to section 4022(a)(2) of such title, the Director 
may enter into transactions and agreements (other than con-
tracts, cooperative agreements, and grants) of amounts not 
to exceed $75,000,000 under this paragraph to carry out basic, 
applied, and advanced research projects and prototype projects 
in support of intelligence activities. 
‘‘(iii) For purposes of this paragraph, the limitations speci-
fied in section 4022(a)(2) of such title shall apply to the intel-
ligence community in lieu of the Department of Defense, and 
the Director shall— 
‘‘(I) identify appropriate officials who can make the 
determinations required in subparagraph (B)(i) of such sec-
tion for the intelligence community; and 
‘‘(II) brief the congressional intelligence committees, 
the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense 
of the Committee on Appropriations of the House of Rep-
resentatives in lieu of the congressional defense commit-
tees, as specified in subparagraph (B)(ii) of such section. 
‘‘(iv) For purposes of this paragraph, the limitation in sec-
tion 4022(a)(3) of such title shall not apply to elements of 
the intelligence community. 
‘‘(v) In carrying out this paragraph, section 4022(d)(1) of 
such title shall be applied by substituting ‘Director of National 
Intelligence’ for ‘Secretary of Defense’. 
‘‘(vi) For purposes of this paragraph, the limitations in 
section 4022(d)(2) of such title shall not apply to elements 
of the intelligence community. 
‘‘(vii) In addition to the follow-on production contract cri-
teria in section 4022(f)(2) of such title, the following additional 
criteria shall apply: 
‘‘(I) The authorizing official of the relevant element 
of the intelligence community determines that Government 
users of the proposed production product or production 
service have been consulted. 
‘‘(II) In the case of a proposed production product that 
is software, there are mechanisms in place for Government 
users to provide ongoing feedback to participants to the 
follow-on production contract. 
‘‘(III) In the case of a proposed production product 
that is software, there are mechanisms in place to promote 
the interoperability and accessibility with and between 
Government and commercial software providers, including 
by the promotion of open application programming inter-
faces and requirement of appropriate software documenta-
tion. 
‘‘(IV) The award follows a documented market analysis 
as mandated by the Federal Acquisition Regulations sur-
veying available and comparable products. 
‘‘(V) In the case of a proposed production product that 
is software, the follow-on production contract includes a
H. R. 7776—1171 
requirement that, for the duration of such contract (or 
such other period of time as may be agreed to as a term 
of such contract)— 
‘‘(aa) the participants provide the most up-to-date 
version of the product that is available in the commer-
cial marketplace and is consistent with security 
requirements; 
‘‘(bb) there are mechanisms in place for the partici-
pants to provide timely updates to the production 
product; and 
‘‘(cc) the authority specified in section 4022(f)(5) 
of such title shall be exercised by the Director in lieu 
of the Secretary of Defense. 
‘‘(D) IMPLEMENTATION POLICY.—The Director, in consulta-
tion with the heads of the elements of the intelligence commu-
nity, shall— 
‘‘(i) not later than 180 days after the date of the enact-
ment of the Intelligence Authorization Act for Fiscal Year 
2023, establish and implement an intelligence community- 
wide policy prescribing the use and limitations of the 
authority under this paragraph, particularly with respect 
to the application of subparagraphs (B) and (C); 
‘‘(ii) periodically review and update the policy estab-
lished under clause (i); and 
‘‘(iii) submit to the congressional intelligence commit-
tees, the Committee on Appropriations of the Senate, and 
the Committee on Appropriations of the House of Rep-
resentatives the policy when established under clause (i) 
or updated under clause (ii). 
‘‘(E) ANNUAL REPORT.— 
‘‘(i) IN GENERAL.—Not less frequently than annually, 
the Director shall submit to the congressional intelligence 
committees, the Committee on Appropriations of the 
Senate, and the Committee on Appropriations of the House 
of Representatives a report detailing the use by the intel-
ligence community of the authority provided by this para-
graph. 
‘‘(ii) ELEMENTS.— 
‘‘(I) REQUIRED
ELEMENTS.—Each report required 
by clause (i) shall detail the following: 
‘‘(aa) The number of transactions. 
‘‘(bb) The participants to such transactions. 
‘‘(cc) The purpose of the transaction. 
‘‘(dd) The amount of each transaction. 
‘‘(ee) Concerns with the efficiency of the policy. 
‘‘(ff) Any recommendations for how to improve 
the process. 
‘‘(II) OTHER ELEMENTS.—Each report required by 
clause (i) may describe such transactions which have 
been awarded follow-on production contracts either 
pursuant to the authority provided by this paragraph 
or another acquisition authority available to the intel-
ligence community.’’. 
SEC. 6712. IMPLEMENTATION PLAN AND ADVISABILITY STUDY FOR 
OFFICES OF COMMERCIAL INTEGRATION. 
(a) PLAN AND STUDY.—
H. R. 7776—1172 
(1) SUBMISSION.—Not later than 1 year after the date of 
the enactment of this Act, the Director of National Intelligence, 
in coordination with the heads of the elements of the intel-
ligence community, shall submit to the congressional intel-
ligence committees, the Subcommittee on Defense of the Com-
mittee on Appropriations of the Senate, and the Subcommittee 
on Defense of the Committee on Appropriations of the House 
of Representatives— 
(A) a plan for the establishment of a centralized office 
or offices within each appropriate element of the intel-
ligence community, to be known as the ‘‘Office of Commer-
cial Integration’’, for the purpose of— 
(i) assisting persons desiring to submit an offer 
for a contract with the intelligence community; and 
(ii) assisting with the procurement of commercial 
products and commercial services; and 
(B) the findings of a study conducted by the Director 
into the advisability of implementing such plan, including 
an assessment of— 
(i) whether there should be a single Office of 
Commercial Integration for the intelligence community 
or whether each element of the intelligence community 
shall establish such an Office; 
(ii) the costs and benefits of the implementation 
of such plan; and 
(iii) whether there is within any element of the 
intelligence community an existing office or program 
similar to the proposed Office of Commercial Integra-
tion. 
(2) ELEMENTS.—The materials submitted under paragraph 
(1) shall include the following: 
(A) A recommendation by the Director, based on the 
findings of the study under paragraph (1)(B), on— 
(i) how the plan under paragraph (1)(A) compares 
to specific alternative actions of the intelligence 
community that could be taken to assist persons 
desiring to submit an offer for a contract with the 
intelligence community and assist with the procure-
ment of commercial products and commercial services; 
and 
(ii) whether to implement such plan. 
(B) A proposal for the designation of a senior official 
of the Office of the Director of National Intelligence who 
would be responsible for the coordination across the intel-
ligence community or across the Offices of Commercial 
Integration, depending on the findings of the study under 
paragraph (1)(B). 
(C) Draft guidelines that would require the coordina-
tion and sharing of best practices and other information 
across the intelligence community. 
(D) A timeline of the steps that would be necessary 
to establish each Office of Commercial Integration by the 
date that is not later than 2 years after the date of the 
enactment of this Act. 
(E) An assessment of the personnel requirements, and 
any other resource requirements, that would be necessary
H. R. 7776—1173 
to establish the Office or Offices of Commercial Integration 
by such date, including— 
(i) the amount of personnel necessary for the 
establishment of the Office or Offices of Commercial 
Integration; and 
(ii) the necessary qualifications of any such per-
sonnel. 
(F) Policies regarding the types of assistance that, if 
an Office or Offices of Commercial Integration were to 
be established, could be provided to contractors by the 
Director of such Office, taking into account the role of 
such assistance as an incentive for emerging technology 
companies to enter into contracts with the heads of the 
elements of the intelligence community. 
(G) Eligibility criteria for determining the types of 
offerors or contractors that would be eligible to receive 
assistance provided by each Office of Commercial Integra-
tion. 
(H) Policies regarding outreach efforts that would be 
required to be conducted by the Office or Offices of Commer-
cial Integration with respect to eligible contractors. 
(I) Policies regarding how the intelligence community 
would coordinate with the Director of the Federal Bureau 
of Investigation to provide proactive counterintelligence 
risk analysis and assistance to entities in the private sector. 
(J) Draft guidelines that would require the Office or 
Offices of Commercial Integration to appoint and assign 
personnel with expertise in a range of disciplines necessary 
for the accelerated integration of commercial technologies 
into the intelligence community (as determined by the 
Office or Offices of Commercial Integration), including 
expertise in the following: 
(i) Authorizations to operate. 
(ii) Contracting. 
(iii) Facility clearances. 
(iv) Security clearances. 
(K) Such other intelligence community-wide policies 
as the Director of National Intelligence may prescribe 
relating to the improvement of commercial integration (and 
the coordination of such improvements) by and among the 
elements of the intelligence community. 
(b) PUBLIC WEBSITE ON COMMERCIAL INTEGRATION.— 
(1) ESTABLISHMENT.—Not later than 1 year after the date 
of the date of enactment of this Act, the Director of National 
Intelligence, in coordination with the head of the relevant ele-
ments of the intelligence community (as determined by the 
Director) and the designated element leads under section 
6702(b), shall establish a publicly accessible website that 
includes relevant information necessary for offerors or contrac-
tors to conduct business with each element of the intelligence 
community. 
(2) INCLUSION OF CERTAIN INFORMATION.—If there is estab-
lished an Office or Offices of Commercial Integration in accord-
ance with subsection (a), the website under paragraph (1) shall 
include— 
(A) information, as appropriate, on the elements under 
subsection (a)(2) relating to that Office; and
H. R. 7776—1174 
(B) contact information for the relevant senior officers 
of the Office or Offices. 
SEC. 6713. PILOT PROGRAM ON DESIGNATED EMERGING TECHNOLOGY 
TRANSITION PROJECTS. 
(a) PILOT PROGRAM.—The Director of National Intelligence shall 
carry out a pilot program to more effectively transition promising 
prototypes or products in a developmental stage to a production 
stage, through designating eligible projects as ‘‘Emerging Tech-
nology Transition Projects’’. 
(b) DESIGNATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall issue guidelines to implement the pilot program 
under subsection (a). 
(2) REQUIREMENTS.—The guidelines issued pursuant to 
paragraph (1) shall include the following requirements: 
(A) Each head of an element of the intelligence commu-
nity shall submit to the Director of National Intelligence 
a prioritized list of not more than 10 eligible projects per 
year to be considered for designation by the Director of 
National Intelligence as Emerging Technology Transition 
Projects during the budget formulation process. 
(B) The Director of National Intelligence shall des-
ignate not more than 10 eligible projects per year as 
Emerging Technology Transition Projects. 
(C) No eligible project may be designated by the 
Director of National Intelligence as an Emerging Tech-
nology Transition Project unless the head of an element 
of the intelligence community includes the project in the 
prioritized list under subparagraph (A) and submits to 
the Director of National Intelligence, with respect to the 
project, each of the following: 
(i) A justification of why the product was nomi-
nated for transition, including a description of the 
importance of the proposed product to the mission of 
the intelligence community and the nominating agency. 
(ii) A certification that the project provides new 
technologies or processes, or new applications of 
existing technologies, that shall enable more effective 
alternatives to existing programs, systems, or initia-
tives of the intelligence community. 
(iii) A certification that the project provides future 
cost savings, significantly reduces the time to deliver 
capabilities to the intelligence community, or signifi-
cantly improves a capability of the intelligence commu-
nity. 
(iv) A certification that funding is not proposed 
for the project in the budget request of the respective 
covered element for the fiscal year following the fiscal 
year in which the project is submitted for consideration. 
(v) A certification in writing by the nominating 
head that the project meets all applicable criteria and 
requirements of the respective covered element for 
transition to production and that the nominating head 
would fund the project if additional funds were made 
available for such purpose.
H. R. 7776—1175 
(vi) A description of the means by which the pro-
posed production product shall be incorporated into 
the activities and long-term budget of the respective 
covered element following such transition. 
(vii) A description of steps taken to ensure that 
the use of the product shall reflect commercial best 
practices, as applicable. 
(D) A clear description of the selection of eligible 
projects, including specific criteria, that shall include, at 
a minimum, the requirements specified in subparagraph 
(C). 
(E) The designation of an official responsible for imple-
menting this section and coordinating with the heads of 
the elements of the intelligence community with respect 
to the guidelines issued pursuant to paragraph (1) and 
overseeing the awards of funds to Emerging Technology 
Transition Projects with respect to that element. 
(3) REVOCATION OF DESIGNATION.—The designation of an 
Emerging Technology Transition Project under subsection (b) 
may be revoked at any time by— 
(A) the Director of National Intelligence; or 
(B) the relevant head of a covered element of the 
intelligence community that previously submitted a project 
under subsection (b), in consultation with the Director of 
National Intelligence. 
(c) BENEFITS OF DESIGNATION.— 
(1) INCLUSION IN MULTIYEAR NATIONAL INTELLIGENCE PRO-
GRAM PLAN.—The Director of National Intelligence shall include 
in the relevant multiyear national intelligence program plan 
submitted to Congress under section 1403 of the National 
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 
3301) the planned expenditures, if any, of each designated 
project during the period of its designation. 
(2) INCLUSION
UNDER
SEPARATE
EXHIBIT.—The heads of 
elements of the intelligence community shall ensure that each 
designated project is included in a separate budget exhibit 
in the relevant multiyear national intelligence program plan 
submitted to Congress under such section 1403 of the National 
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 
3301) for the period of the designation of such project. 
(3) CONSIDERATION
IN
PROGRAMMING
AND
BUDGETING.— 
Each designated project shall be taken into consideration by 
the nominating head in the programming and budgeting phases 
of the intelligence planning, programming, budgeting, and 
evaluation process during the period of its designation. 
(d) REPORTS TO CONGRESS.— 
(1) ANNUAL REPORTS.—On an annual basis for each fiscal 
year during which the pilot program under subsection (a) is 
carried out, concurrently with the submission of the budget 
of the President for that fiscal year under section 1105(a) 
of title 31, United States Code, the Director of National Intel-
ligence shall submit to the congressional intelligence commit-
tees and the Committees on Appropriations of the House of 
Representatives and the Senate a report that includes the 
following: 
(A) A description of each designated project.
H. R. 7776—1176 
(B) A summary of the potential of each designated 
project, as specified in subsection (b)(2)(C). 
(C) For each designated project, a description of the 
progress made toward delivering on such potential. 
(D) A description of any funding proposed for the des-
ignated project in the future-years intelligence program, 
including by program, appropriation account, expenditure 
center, and project. 
(E) Such other information on the status of such pilot 
program as the Director considers appropriate. 
(2) FINAL REPORT.—In the final report submitted under 
paragraph (1) prior to the date of termination under subsection 
(e), the Director of National Intelligence shall include a rec-
ommendation on whether to extend the pilot program under 
subsection (a) and the appropriate duration of such extension, 
if any. 
(e) TERMINATION DATE.—The authority to carry out the pilot 
program under subsection (a) shall terminate on December 31, 
2027. 
(f) DEFINITION OF COVERED ELEMENT OF THE INTELLIGENCE 
COMMUNITY.—In this section, the term ‘‘covered element of the 
intelligence community’’ means the following: 
(1) The Office of the Director of National Intelligence. 
(2) The Central Intelligence Agency. 
(3) The National Security Agency. 
(4) The National Geospatial-Intelligence Agency. 
(5) The National Reconnaissance Office. 
(6) The Defense Intelligence Agency. 
SEC. 6714. HARMONIZATION OF AUTHORIZATIONS TO OPERATE. 
(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.— 
In this section, the term ‘‘appropriate committees of Congress’’ 
means— 
(1) the congressional intelligence committees; 
(2) the Committee on Armed Services of the Senate; 
(3) the Committee on Appropriations of the Senate; 
(4) the Committee on Armed Services of the House of 
Representatives; and 
(5) the Committee on Appropriations of the House of Rep-
resentatives. 
(b) PROTOCOL.—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 and the heads of the 
elements of the intelligence community, shall develop and submit 
to the appropriate committees of Congress a single protocol setting 
forth policies and procedures relating to authorizations to operate 
for Department of Defense or intelligence community systems held 
by industry providers. 
(c) LIMITATION.—The protocol under subsection (b) shall be 
limited to authorizations to operate for Department of Defense 
and intelligence community systems. 
(d) ELEMENTS.—The protocol under subsection (b) shall include, 
at a minimum, the following: 
(1) A policy for reciprocal recognition, as appropriate, 
among the elements of the intelligence community and the 
Department of Defense of authorizations to operate held by
H. R. 7776—1177 
commercial providers. Such reciprocal recognition shall be lim-
ited to authorizations to operate for systems that collect, 
process, maintain, use, share, disseminate, or dispose of data 
classified at an equal or lower classification level than the 
original authorization. 
(2) Procedures under which, subject to such criteria as 
may be prescribed by the Director of National Intelligence 
jointly with the Secretary of Defense, a provider that holds 
an authorization to operate for a Department of Defense or 
intelligence community system may provide to the head of 
an element of the intelligence community or the Department 
of Defense the most recently updated version of any software, 
data, or application for use on such system without being 
required to submit an application for new or renewed authoriza-
tion. 
(3) Procedures for the review, renewal, and revocation of 
authorizations to operate held by commercial providers, 
including procedures for maintaining continuous authorizations 
to operate, subject to such conditions as may be prescribed 
by the Director of National Intelligence, in coordination with 
the Secretary of Defense. Such procedures may encourage 
greater use of modern security practices already being adopted 
by the Department of Defense and other Federal agencies, 
such as continuous authorization with system security focused 
on continuous monitoring of risk and security controls, active 
system defense, and the use of an approved mechanism for 
secure and continuous delivery of software (commonly referred 
to as ‘‘DevSecOps’’). 
(4) A policy for the harmonization of documentation require-
ments for commercial providers submitting applications for 
authorizations to operate, with the goal of a uniform require-
ment across the Department of Defense and the elements of 
the intelligence community (subject to exceptions established 
by the Director and the Secretary). Such policy shall include 
the following requirements: 
(A) A requirement for the full disclosure of evidence 
in the reciprocity process across the Department of Defense 
and the elements of the intelligence community. 
(B) With respect to a system with an existing 
authorization to operate, a requirement for approval by 
the Chief Information Officer or a designated official (as 
the head of the respective element of the intelligence 
community determines appropriate) for such system to 
operate at an equal or higher level classification level, 
to be granted prior to the performance of an additional 
security assessment with respect to such system, and 
regardless of which element of the intelligence community 
or Department of Defense granted the original authoriza-
tion. 
(5) A requirement to establish a joint secure portal of 
the Office of the Director of National Intelligence and the 
Department of Defense for the maintenance of records, applica-
tions, and system requirements for authorizations to operate. 
(6) A plan to examine, and if necessary, address, the short-
age of intelligence community and Department of Defense per-
sonnel authorized to support and grant an authorization to 
operate. Such plan shall include—
H. R. 7776—1178 
(A) a report on the current average wait times for 
authorizations to operate and backlogs, disaggregated by 
each element of the intelligence community and the Depart-
ment of Defense; 
(B) appropriate recommendations to increase pay or 
implement other incentives to recruit and retain such per-
sonnel; and 
(C) a plan to leverage independent third-party assess-
ment organizations to support assessments of applications 
for authorizations to operate. 
(7) Procedures to ensure data security and safety with 
respect to the implementation of the protocol. 
(8) A proposed timeline for the implementation of the pro-
tocol by the deadline specified in subsection (g). 
(e) COORDINATING OFFICIALS.—Not later than 60 days after 
the date of the enactment of this Act— 
(1) the Director of National Intelligence shall designate 
an official of the Office of the Director of National Intelligence 
responsible for implementing this section on behalf of the 
Director and leading coordination across the intelligence 
community for such implementation; 
(2) the Secretary of Defense shall designate an official 
of the Department of Defense responsible for implementing 
this section on behalf of the Secretary and leading coordination 
across the Department of Defense for such implementation; 
and 
(3) each head of an element of the intelligence community 
shall designate an official of that element responsible for imple-
menting this section and overseeing implementation of the 
protocol under subsection (b) with respect to the element. 
(f) DOCUMENTATION REQUIREMENTS.—Under the protocol under 
subsection (b), no head of a Federal agency may commence the 
operation of a system using an authorization to operate granted 
by another Federal agency without possessing documentation of 
the original authorization to operate. 
(g) IMPLEMENTATION REQUIRED.—The protocol under subsection 
(b) shall be implemented not later than January 1, 2025. 
SEC. 6715. PLAN TO EXPAND SENSITIVE COMPARTMENTED INFORMA-
TION FACILITY ACCESS BY CERTAIN CONTRACTORS; 
REPORTS ON EXPANSION OF SECURITY CLEARANCES FOR 
CERTAIN CONTRACTORS. 
(a) PLAN; BRIEFING.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the date of enactment of this Act, the Director of National 
Intelligence, in consultation with the Secretary of Defense and 
the heads of such other elements of the intelligence community 
as the Director of National Intelligence may determine appro-
priate, shall— 
(A) develop a plan to expand access by contractors 
of small emerging technology companies to sensitive 
compartmented information facilities for the purpose of 
providing such contractors with a facility to securely per-
form work; and 
(B) provide to the congressional intelligence commit-
tees, the Committee on Armed Services and the Committee 
on Appropriations of the Senate, and the Committee on
H. R. 7776—1179 
Armed Services and the Committee on Appropriations of 
the House of Representatives a briefing on such plan. 
(2) MATTERS.—The plan under paragraph (1) shall include 
the following: 
(A) An overview of the existing sensitive compart-
mented information facilities, if any, that may be available 
for the purpose specified in paragraph (1). 
(B) An assessment of the feasibility of building addi-
tional sensitive compartmented information facilities for 
such purpose. 
(C) An assessment of the relative costs and benefits 
of repurposing existing, or building additional, sensitive 
compartmented information facilities for such purpose. 
(D) The eligibility criteria for determining which con-
tractors under this section may be granted access to sen-
sitive compartmented information facilities for such pur-
pose. 
(E) An estimate of the maximum number of 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). 
(F) 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 contractor under this section and a detailed description 
of the process to terminate access to the sensitive compart-
mented information facility by such contractor upon— 
(i) the expiration of the contract or agreement 
of the contractor; or 
(ii) a determination that the contractor no longer 
has a need for such access to fulfill the terms of such 
contract or agreement. 
(G) Pricing structures for the use of sensitive compart-
mented information facilities by contractors for the purpose 
specified in paragraph (1). Such pricing structures— 
(i) may include free use (for the purpose of 
incentivizing future contracts), with the potential for 
pricing to increase dependent on the length of the 
contract or agreement, the size of the contractor, and 
the need for such use; and 
(ii) shall ensure that the cumulative cost for a 
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 compart-
mented information facility. 
(H) A security plan for vetting each contractor prior 
to the access of a sensitive compartmented information 
facility by the contractor for the purpose specified in para-
graph (1), and an assessment of potential security concerns 
regarding such access. 
(I) A proposed timeline for the expansion of access 
to sensitive compartmented information facilities in accord-
ance with paragraph (1).
H. R. 7776—1180 
(J) Such other matters as the Director of National 
Intelligence or the Secretary of Defense considers relevant 
to such expansion. 
(b) ELIGIBILITY
CRITERIA
FOR
CONTRACTORS.—Unless the 
Director of National Intelligence determines the source of the 
financing of a 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 contractor in accordance 
with subsection (a)(2)(D). 
(c) REPORTS ON EXPANSION OF SECURITY CLEARANCES FOR CER-
TAIN CONTRACTORS.— 
(1) REPORTS.—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 and the Secretary of 
Defense shall jointly submit to the congressional intelligence 
committees, the Committee on Armed Services of the Senate, 
and the Committee on Armed Services of the House of Rep-
resentatives 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. 
(2) MATTERS.—Each report under paragraph (1) shall 
include the following: 
(A) 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. 
(B) The number of security clearances granted to 
employees of small emerging technology companies during 
the period covered by the report. 
(C) 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. 
(D) 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. 
(E) An identification of each occurrence, during the 
period covered by the report, in which an emerging tech-
nology 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 secu-
rity clearances, and a description of the types of business 
the United States Government has lost as a result of such 
occurrences. 
(F) Recommendations for expediting the grant of secu-
rity clearances to employees of emerging technology compa-
nies, including with respect to any additional resources, 
authorities, or personnel that the Director of National Intel-
ligence determines may be necessary for such expedition.
H. R. 7776—1181 
(3) FORM.—Each report under paragraph (1) may be sub-
mitted in classified form, but if so submitted shall include 
an unclassified executive summary. 
(d) PROPOSAL CONCURRENT WITH BUDGET SUBMISSION.—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 congres-
sional 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 subsection (c)(2)(A) to fewer than 60 days. Such 
proposal shall include an identification of any resources the Director 
of National Intelligence 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. 
(e) APPLICABILITY.—The plan, briefing, reports, and proposal 
required by this section shall apply only with respect to the intel-
ligence community and the Department of Defense. 
SEC. 
6716. 
COMPLIANCE 
BY 
INTELLIGENCE 
COMMUNITY 
WITH 
REQUIREMENTS OF FEDERAL ACQUISITION REGULATION 
RELATING TO COMMERCIALLY AVAILABLE OFF-THE- 
SHELF ITEMS AND COMMERCIAL SERVICES. 
(a) COMPLIANCE POLICY.— 
(1) REQUIREMENT.—Not later than 1 year after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall implement a policy to ensure that each element 
of the intelligence community complies with parts 10 and 12 
of the Federal Acquisition Regulation with respect to any Fed-
eral Acquisition Regulation-based procurements. 
(2) ELEMENTS.—The policy under paragraph (1) shall 
include the following: 
(A) Written criteria for an element of the intelligence 
community to evaluate when a procurement of a covered 
item or service is permissible, including— 
(i) requiring the element to conduct an inde-
pendent market analysis to determine whether a 
commercially available off-the-shelf item, nondevelop-
mental item, or commercial service is viable; and 
(ii) a description of the offeror for such covered 
item or service and how the covered item or service 
to be acquired will be integrated into existing systems 
of the intelligence community. 
(B) A detailed set of performance measures for the 
acquisition personnel of the intelligence community that— 
(i) prioritizes adherence to parts 10 and 12 of 
the Federal Acquisition Regulation; 
(ii) encourages acquisition of commercially avail-
able off-the-shelf items, nondevelopmental items, or 
commercial services; and 
(iii) incentivizes such personnel of the intelligence 
community that enter into contracts for covered items 
or services only when necessary.
H. R. 7776—1182 
(3) SUBMISSION.—Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall submit to the congressional intelligence commit-
tees, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representa-
tives— 
(A) the policy developed pursuant to paragraph (1); 
and 
(B) the plan to implement such policy by not later 
than 1 year after the date of such enactment. 
(4) MARKET ANALYSIS.—In carrying out the independent 
market analysis pursuant to paragraph (2)(A)(i), the Director 
may enter into a contract with an independent market research 
group with qualifications and expertise to find available 
commercial products or commercial services to meet the needs 
of the intelligence community. 
(b) ANNUAL REPORTS.— 
(1) REQUIREMENT.—Not later than 2 years after the date 
of the enactment of this Act, and annually thereafter for 3 
years, the Director, in consultation with the head of each ele-
ment of the intelligence community, shall submit to the congres-
sional 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 a report on the policy developed 
under subsection (a). 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include, with respect to the period covered by the report, the 
following: 
(A) An evaluation of the success of the policy, including 
with respect to the progress the elements have made in 
complying with parts 10 and 12 of the Federal Acquisition 
Regulation. 
(B) A description of how any market analyses are 
conducted pursuant to subsection (a)(2)(A)(i). 
(C) Any recommendations to improve compliance with 
such parts 10 and 12. 
SEC. 6717. POLICY ON REQUIRED USER ADOPTION METRICS IN CER-
TAIN CONTRACTS FOR ARTIFICIAL INTELLIGENCE AND 
EMERGING TECHNOLOGY SOFTWARE PRODUCTS. 
(a) POLICY.—Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
establish a policy regarding user adoption metrics for contracts 
and other agreements for the procurement of covered products 
as follows: 
(1) With respect to a contract or other agreement entered 
into between the head of an element of the intelligence commu-
nity and a commercial provider for the procurement of a covered 
product for users within the intelligence community, a require-
ment that each such contract or other agreement include, as 
a term of the contract or agreement, an understanding of the 
anticipated use of the covered product with a clear metric 
for success and for collecting user adoption metrics, as appro-
priate, for assessing the adoption of the covered product by 
such users.
H. R. 7776—1183 
(2) Such exceptions to the requirements under paragraph 
(1) as may be determined appropriate pursuant to guidance 
established by the Director of National Intelligence. 
(3) A requirement that prior to the procurement of, or 
the continuation of the use of, any covered product procured 
by the head of an element of the intelligence community, the 
head has determined a method for assessing the success of 
the covered product from user adoption metrics. 
(b) SUBMISSION.—Not later than 60 days after the date on 
which the policy under subsection (a) is established, the Director 
of National Intelligence shall submit to the congressional intel-
ligence 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 
such policy. 
SEC. 6718. CERTIFICATION RELATING TO INFORMATION TECHNOLOGY 
AND SOFTWARE SYSTEMS. 
(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 supe-
rior 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 congres-
sional intelligence committees, the Subcommittee on Defense of 
the Committee on Appropriations of the Senate, and the Sub-
committee on Defense of the Committee on Appropriations of the 
House of Representatives, guidance to— 
(1) establish guidelines that the heads of the relevant ele-
ments 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 intel-
ligence community with respect to the integration of new and 
emerging technology within such systems, including through 
the provision of appropriate training programs and evaluations.
H. R. 7776—1184 
Subtitle C—Reports 
SEC. 6721. REPORTS ON INTEGRATION OF ARTIFICIAL INTELLIGENCE 
WITHIN INTELLIGENCE COMMUNITY. 
(a) REPORTS
BY ELEMENTS
OF INTELLIGENCE COMMUNITY.— 
Not later than 180 days after the date of the enactment of this 
Act, each senior official within an element of the intelligence 
community identified as a designated element lead pursuant to 
section 6702(b) shall 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 
a report on the efforts of that element to develop, acquire, adopt, 
and maintain artificial intelligence to improve intelligence collection 
and analysis and optimize internal work flows. Each such report 
shall include the following: 
(1) A description of the authorities of the element relating 
to the use of artificial intelligence. 
(2) A list of any resource or authority necessary to accel-
erate the adoption by the element of artificial intelligence solu-
tions, including commercial products, or personnel authorities. 
(3) A description of the element’s roles, responsibilities, 
and authorities for accelerating the adoption by the element 
of artificial intelligence solutions. 
(4) The application of the policies and principles described 
in section 6702(a)(2) to paragraphs (1), (2), and (3). 
(b) AUDITS BY INSPECTORS GENERAL.— 
(1) AUDITS.—Not later than 2 years after the date of the 
enactment of this Act, each inspector general with oversight 
responsibility for an element of the intelligence community 
shall conduct and audit, and brief 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 the findings of the audit, to evaluate the fol-
lowing: 
(A) The efforts of such element to develop, acquire, 
adopt, and maintain artificial intelligence capabilities for 
the purpose of improving intelligence collection and anal-
ysis in a timely manner and the extent to which such 
efforts are consistent with the policies and principles 
described in section 6702(a)(2); 
(B) The degree to which the element has implemented 
each of the provisions of this title. 
(C) Any administrative or technical barriers to the 
accelerated adoption of artificial intelligence by such ele-
ment. 
(2) INPUT REQUIRED.—The results of each audit under para-
graph (1) shall be disaggregated by, and include input from, 
organizational units of the respective element of the intelligence 
community that focus on the following: 
(A) Acquisitions and contracting. 
(B) Personnel and workforce matters. 
(C) Financial management and budgeting. 
(D) Operations and capabilities.