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An official inquiry has found that Germany’s justice system was staffed with former Nazis for decades after the Second World War, At one point, three out of four top officials at the prosecutor’s office were former party members.

Released on Thursday, the 600-page report was compiled by historian Friedrich Kiessling and legal scholar Christoph Safferling, and covers the Cold War period running from the early 1950s until 1974. The work was commissioned by the federal prosecutor’s office. 

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The researchers found that, at one point during the 1950s, roughly three in four top officials in the federal prosecutor’s office had been members of the Nazi Party. It took until 1972 before former Nazis were no longer in the majority in that office, and until 1992 before the judicial system had been fully purged of ex-members of the fascist party.

“There was no break, let alone a conscious break, with the Nazi past,” the researchers said of the situation. 

Presenting the inquiry’s findings, state secretary at the justice ministry Margaretha Sudhof said the country has “long remained blind” to the presence of ex-Nazis in senior positions after the end of the Second World War.

“On the face of it they were highly competent lawyers… but that came against the backdrop of the death sentences and race laws in which they were involved,” Sudhof commented. 

In a statement about the study’s publication, Justice Minister Christine Lambrecht said she welcomed “the fact that the Federal Prosecutor’s Office is also grappling with its troubled past and is shedding more light on its own Nazi entanglements in the post-war period.”

The federal prosecutor’s office is Germany’s highest prosecutorial authority, responsible for pursuing those who violate international law and commit alleged crimes relating to state security. 

The latest study follows an earlier report published in 2016, which stated that in 1957 – more than a decade after the war had ended – 77% of senior officials in the justice ministry were former Nazis. At the time of that publication, then-Justice Minister Heiko Maas stated that the “Nazi-era lawyers went on to cover up old injustice rather than to uncover it, and thereby created new injustice.”

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This piece was first published by RUSI in London.  The views do not represent those of RUSI.

EXPERT PERSPECTIVE –The international community is coming under increasing pressure to recognise the Taliban and to unfreeze Afghan funds held by the IMF or to risk a humanitarian crisis over the winter and a resurgence of international terrorism.

As Afghanistan heads deeper into winter the desperate need is to avoid a humanitarian crisis. The World Food Programme has launched an appeal to feed up to 23 million people and Médecins sans Frontières have followed suit in the healthcare field. Fortunately, the distribution mechanisms are in place inside Afghanistan; what is needed is for the international community to ensure that UN humanitarian programmes are fully funded. This will require Western capitals to get over the shock of their recent defeat. It goes without saying that hunger and health should not be used as instruments of political leverage.

Meanwhile, it is becoming ever more apparent that the Taliban do not have the skills to administer a country which is far more complex than the Afghanistan of 1996 – when they began their previous and disastrous spell in office. They will need international assistance to stabilise the economy, get people back to work and, in time, continue the gradual infrastructure improvements which have been underway since 2002. China will doubtless be willing to assist in some areas but Beijing has already made clear that it is adopting a cautious, gradualist approach. However, there are emerging indications that the Taliban’s intransigent views are beginning to relax; such as their approval of the polio vaccination scheme and their willingness to work with UN humanitarian agencies.

The Taliban will also need outside help in defeating the threat from the Islamic State’s Khorasan Province (ISK). Already the Taliban are finding it difficult to counter similar asymmetric tactics which they used so successfully against Western forces. This is likely one of the subjects which CIA Director William Burns discussed with the Taliban during his visit on 24 August and where there is a mutual interest.

What can the international community (not just the West) realistically expect from the Taliban, following the militant group’s stunning victory? Maximalist demands will inevitably get short shrift.

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First, the Taliban should form a more inclusive government. According to multiple sources, the Taliban were intending to form such an administration had Ashraf Ghani not fled the country on 15 August. I am sceptical that this was ever their intention but former president Hamid Karzai and former reconciliation chief Abdullah Abdullah may have remained in Kabul on this understanding and Fatima Gailani, a former negotiator, insists this was the Taliban’s intention.

An inclusive government would need to include women and non-Taliban representatives from the Hazara, Uzbek and Tajik communities. It need not comprise the failed politicians and bloodstained warlords of the past, least of all Gulbuddin Hekmatyar and Abdul Rashid Dostum. It is surely time for a new generation of more technocratic Afghans to become involved in government. Some may be persuaded to return from abroad but they will need assurances for their safety.

Second, the international community should insist on female education at all levels be restored and for women to play a fuller role in society. The Taliban will baulk at this but they only need to look at Pakistan where women play an important role in an avowedly Islamic, if not Islamist, society.

Third, all neighbouring countries, as well as the wider world, want Afghanistan to commit to removing all terrorist bases and terrorists from its soil; not just ISK and Al-Qa’ida but also the Eastern Turkistan Islamic Movement, the Pakistani Taliban (TTP), anti-Iranian and anti-Indian groups, and Central Asian militant movements including the Islamic Movement of Uzbekistan.

Fourth, the Taliban should commit to allow people to join their families in exile if they wish and also cease the continuing search for and punishment of those Afghans who served the Afghan government and Western allies since 2001.

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In an ideal world there would also be a fifth request: to remove Haqqani network members from the Taliban administration. However, that pass was sold when the US negotiator Zalmay Khalilzad engaged with the Haqqanis in Doha – another result of that calamitous dialogue. Furthermore, the current reality is that the Haqqanis control both Kabul and its airport and Sirajuddin Haqqani holds the key position of interior minister.

Instead, the Haqqanis need to be persuaded to prevent Al-Qa’ida regrouping in Afghanistan. Sirajuddin’s father was close to Osama bin Laden and the group retains its Al-Qa’ida connections. Pakistan is already using the Haqqanis to bring the TTP to the negotiating table. It remains to be seen how successful this will be. It is doubtful that the Haqqanis would be willing to take military action against a group from a similar area in the tribal borderlands. However, the Haqqanis could be useful as intermediaries, if not as enforcers.

Meanwhile, the wider Taliban, usually referred to as the ‘Kandaharis’, are increasingly exasperated by the entryist Haqqanis. Although they have worked together, there was never much love lost between the two. The Kandaharis have always distrusted the Haqqanis’ proximity to the Pakistani military. Since the Taliban takeover of Afghanistan, Mullah Abdul-Ghani Baradar, whose willingness to negotiate with the Kabul government in 2008 and 2010 earned him eight years in a Pakistani prison, has been sidelined. There will doubtless be a reckoning

A lasting regret of the US’s careless withdrawal is that Washington did not conclude a broader settlement for Afghanistan involving China, Iran, Russia, India and the Central Asian Republics. From now on it is essential to include all the neighbours in the discussion of recognition and the conditions required. But first the Afghans must be helped to survive the winter.

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For the first time since the start of the pandemic, the number of new daily Covid cases in Germany has exceeded 60,000, according to the country’s disease control and prevention agency, the Robert Koch Institute.

Authorities fear that in reality the figure is even higher, as not all cases are immediately reported or detected. Just a week ago, the number of daily infections across Germany surpassed the 50,000 mark.

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Among the country’s Covid hotspots are Thuringia, Saxony and Bavaria. In the latter region, hospitals are so overwhelmed with Covid patients that they have had to put off any non-emergency surgery.

Against this grim backdrop, lawmakers in the Bundestag on Thursday backed a new set of measures aimed at containing the spread of the disease. The package was proposed by Germany’s Social Democrats, the Green and Free Democratic parties, which are expected to form a new coalition government as early as next week.

If passed by the upper house, the rules would include mandatory daily Covid testing for employees of, and visitors to, care homes, regardless of vaccination status. Germans would also be required to show proof of full vaccination, recovery or a fresh negative Covid test in order to enter their workplace or use public transport.

On top of that, those caught selling and forging fake certificates and tests could face up to five years behind bars. Just like the Covid regulations currently in place, the new plan gives some leeway to regional authorities in terms of restrictions so that, for instance, the banning of recreational, cultural, and sporting events will be at their discretion. However, things like travel bans, curfews and massive closures of businesses would now be off-limits to local government.

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France’s education minister has announced plans to boost the teaching of ancient Greek and Latin in an effort to fight the proliferation of wokeism and “develop the culture” of the country’s younger generations.

Speaking on Monday, Education Minister Jean-Michel Blanquer, a leading figure in France’s war on woke, said that ancient Greek and Latin would become available to sixth formers pursuing vocational courses next year, as well as middle school students. 

Blanquer wants sixth formers to have the opportunity to “develop their culture” by reading ancient philosophers while gaining the technical qualifications that the economy demands. 

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Speaking at a charter signing, alongside counterparts from Italy, Greece, and Cyprus, the minister claimed their joint commitment to the promotion of the classics came at a time when ancient languages were being threatened by American wokeism.

The targeting of the dead languages has been most prominent in the US with Princeton University announcing this summer that it would no longer require classics students to study ancient Greek and Latin; the two vernaculars are often considered the core pillars of the discipline.

Dan-el Padilla Peralta, an associate professor of classics at Princeton, claimed the ancient languages had been used as a justification of slavery, colonialism, and fascism for 2,000 years.

In a similar move, a Massachusetts high school boasted that it had removed Homer’s Odyssey from the school curriculum as it conflicted with the anti-racist agenda it wanted to teach. “Very proud to say we got the Odyssey removed from the curriculum this year,” a teacher wrote on social media. 

Blanquer told Le Point that such interpretations of the classics were “completely mind boggling.” “To stick categories and a contemporary world view on writings dating back two millennia is an abyssal absurdity,” he added, noting that these civilizations brought us “openness and a search for the universal.”

The minister believes that ancient languages are a common bond for contemporary European nations, noting that the “common linguistic fund” would help spread “common values.”

Blanquer also claimed the classics respond to a demand for logos (language as a tool for reason), in a world where “a lack of reason is spreading like wildfire.”

Last month, the education minister set up a think tank dedicated to President Emmanuel Macron’s war on wokeism.

The liberal or woke agenda, which some in France claim is an Anglo-Saxon import, is likely to be a major feature in the 2022 presidential election, where Macron’s main competitor is likely to hail from the far right of the political spectrum.

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Japan’s fifth wave of Covid-19 has virtually disappeared so dramatically that some scientists are puzzled as to why it happened. One team suggests the highly infectious Delta strain mutated into extinction on the island nation.

In mid-August, Japan experienced a peak in Covid-19 infections, recording over 23,000 new cases per day. Now the metric is just around 170, with deaths attributed to the disease mostly remaining in single digits this month.

The decline has been attributed by many to high vaccination rates, public acceptance of masks, and other factors, but some researchers say the drop was uniquely significant, compared to other nations with similar conditions.

Ituro Inoue, a geneticist at the National Institute of Genetics, believes that Japan had the good fortune of witnessing the Delta strain mostly rooting out other variants of the SARS-CoV-2 virus before then eradicating itself. He explained his team’s theory to the Japan Times newspaper this week.

For some time now, Inoue and his fellow scientists were researching mutations of SARS-CoV-2 and how they are affected by the protein nsp14, which is crucial for the reproduction of the virus.

RNA viruses, like the one causing Covid-19, tend to have a very high mutation rate, which helps them quickly adapt to changes in the environment. However, this opens the door for a so-called “error catastrophe,” when bad mutations pile up and finally cause the full extinction of a strain. The protein nsp14 appears to offer a form of error proofreading that helps the virus genome to stay below the threshold of the “error catastrophe.”

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In the case of Japan’s fifth wave of Covid-19, the Delta variant’s nsp14 failed at this job, Inoue believes, based on the genetic study of specimens collected from June to October. Contrary to his team’s expectations, there was a lack of genetic diversity, while many samples had many genetic changes in the site called A394V, which is linked to the error-fixing protein.

“We were literally shocked to see the findings,” the researcher told the Japan Times. “The Delta variant in Japan was highly transmissible and [was] keeping other variants out. But as the mutations piled up, we believe it eventually became a faulty virus and it was unable to make copies of itself.”

The theory could be relevant to the previous SARS strain, which was identified in 2003, explaining why it didn’t cause a pandemic. But that would be hard to confirm, since the outbreak ended relatively quickly and didn’t result in the massive collection of genetic data necessary to test the hypothesis.

It’s not clear why Japan had this lucky turn of events, but nothing comparable happened in other East Asian countries like South Korea, where populations are genetically close to that of Japan. Virus mutations similar to those flagged by the scientists have been discovered in at least 24 countries, Inoue said. He and his team plan to publish a paper detailing their findings by the end of November.

Even if the natural extinction theory is confirmed, it is at best a temporary reprieve for the Japanese people. New, more successful strains are likely to eventually find their way into the country, though quarantine measures and immigration control could delay the emergence of new variants in Japan, Inoue believes.

Meanwhile, Tokyo is bracing for a new wave of Covid-19 this winter and is preparing to live with the virus. The government reportedly plans to ease travel restrictions by increasing the number of people it allows to enter the country per day from 3,500 to 5,000.

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Palestinian Islamist group Hamas has called on Canadian singer Justin Bieber to cancel his upcoming concert in what it calls the “Zionist occupation state” of Israel.

Bieber announced his 2022 world tour dates this week, with a concert in Tel Aviv planned for next October. On Thursday, Hamas’ Artistic Production Department issued a statement, cited by the Palestinian Sawa news outlet, “condemning and denouncing” the performer. It called on the star to cancel the show and “boycott the Zionist occupation state in protest at its repeated crimes against the Palestinian people.” 

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Bieber has performed in Israel multiple times, his last performance there having been in 2017 at Park HaYarkon – the same venue slated for next year. Since the announcement of the ‘Justice’ tour dates, calls for him to cancel the Tel Aviv show have gained momentum across social media, with many posters condemning the singer for supporting what one called an “apartheid state.”

Some noted that Bieber was set to arrive in Israel after performing in South Africa. “Justin Bieber is really going straight from SA to Israel. From a country that fought apartheid to a country that’s practicing apartheid,” one Twitter user complained.

A petition asking the singer to boycott Israel and exclude it from his tour has been launched online, and had garnered some 3,700 signatures by Friday. 

In 2018, the New Zealand singer Lorde canceled a concert in Israel, subsequently thanking fans for “educating” her on the issue, and, the same year, US artist Lana Del Rey at first defended her decision to perform in the country, saying her appearance would not be a “political statement,” before backtracking and canceling the gig.

Hamas has been designated a terrorist group by the US, the EU, and, as of Friday, the UK. In April 2021, international non-governmental organization Human Rights Watch concluded in a report that Israel had committed “crimes against humanity of apartheid and persecution.”

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Australia’s government could be forced to spend tens of millions in payouts after receiving more than 10,000 compensation claims from people who suffered side effects and loss of income due to Covid-19 vaccines.

Under its no-fault indemnity scheme, eligible claimants can apply for compensation amounts between AU$5,000 (US$3,646) to AU$20,000 (US$14,585) to cover medical costs and lost wages as a result of being hospitalized after getting the shot. The scheme’s online portal is scheduled to be launched next month.

Official figures suggest, however, that over 10,000 people have already indicated their intention to make a claim since registration opened on the health department’s website in September. If each claim was approved, the government could face a bill of at least AU$50 million (US$36.46 million).

There were around 78,880 adverse events to Covid-related vaccination in Australia as of November 7, according to the Therapeutic Goods Administration, which regulates national health products. The majority of side effects were minor, including headaches, nausea, and arm soreness.

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Only people who experienced a moderate to significant adverse reaction that resulted in a hospital stay of at least one night are eligible for coverage under the government’s scheme. Those seeking $20,000 or less have to provide proof their claims are vaccine-related – although there has been no information as yet on exactly what evidence would be acceptable.

“Adverse events, even though they happen to a tiny proportion of people, for the people it does impact it’s really quite devastating,” Clare Eves, the head of medical negligence at injury compensation firm Shine Lawyers, told the Sydney Morning Herald.

Among the adverse reactions covered are the blood clotting disorder “thrombosis with thrombocytopenia syndrome (TTS)” linked to the AstraZeneca vaccine and the “myocarditis and pericarditis” heart conditions associated with the Pfizer vaccine. Other reportedly accepted side effects are Guillain-Barré syndrome, a rare neurological condition, and immune thrombocytopenia (excessive bleeding due to low platelet levels).

Claims for over $20,000, including those for vaccine-related deaths, will be assessed by an independent legal panel of legal experts and compensation paid on its recommendations. Nine people have reportedly died after an adverse reaction to one of the three vaccines in the country.

Eves told the Morning Herald that her firm was representing a number of litigants over the vaccine side effects, including several who are not eligible for the scheme.

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“Catastrophic and famine-like conditions” hang over Afghanistan’s farmers and herders, whose needs continue to worsen with the onset of winter, UN humanitarians said on Friday. 

Read the full story, “Afghanistan’s farmers, herders desperate for seed, food and cash”, on globalissues.org →

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Palestinian Islamist group Hamas has called on Canadian singer Justin Bieber to cancel his upcoming concert in what it calls the “Zionist occupation state” of Israel.

Bieber announced his 2022 world tour dates this week, with a concert in Tel Aviv planned for next October. On Thursday, Hamas’ Artistic Production Department issued a statement, cited by the Palestinian Sawa news outlet, “condemning and denouncing” the performer. It called on the star to cancel the show and “boycott the Zionist occupation state in protest at its repeated crimes against the Palestinian people.” 

Read more

Bieber has performed in Israel multiple times, his last performance there having been in 2017 at Park HaYarkon – the same venue slated for next year. Since the announcement of the ‘Justice’ tour dates, calls for him to cancel the Tel Aviv show have gained momentum across social media, with many posters condemning the singer for supporting what one called an “apartheid state.”

Some noted that Bieber was set to arrive in Israel after performing in South Africa. “Justin Bieber is really going straight from SA to Israel. From a country that fought apartheid to a country that’s practicing apartheid,” one Twitter user complained.

A petition asking the singer to boycott Israel and exclude it from his tour has been launched online, and had garnered some 3,700 signatures by Friday. 

In 2018, the New Zealand singer Lorde canceled a concert in Israel, subsequently thanking fans for “educating” her on the issue, and, the same year, US artist Lana Del Rey at first defended her decision to perform in the country, saying her appearance would not be a “political statement,” before backtracking and canceling the gig.

Hamas has been designated a terrorist group by the US, the EU, and, as of Friday, the UK. In April 2021, international non-governmental organization Human Rights Watch concluded in a report that Israel had committed “crimes against humanity of apartheid and persecution.”

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(Editor’s Note: This article was first published by our friends at Just Security and is the third in a series that is diving into the foundational barriers to the broad integration of AI in the IC – culture, budget, acquisition, risk, and oversight.)

OPINION — As I have written earlier, there is widespread bipartisan support for radically improving the nation’s ability to take advantage of artificial intelligence (AI). For the Intelligence Community (IC), that means using AI to more quickly, easily, and accurately analyze increasing volumes of data to produce critical foreign intelligence that can warn of and help defuse national security threats, among other things. To do that, the IC will have to partner closely with the private sector, where significant AI development occurs. But despite the billions of dollars that may ultimately flow toward this goal, there are basic hurdles the IC still must overcome to successfully transition and integrate AI into the community at speed and scale.

Among the top hurdles are the U.S. government’s slow, inflexible, and complex budget and acquisition processes. The IC’s rigid budget process follows the standard three-year cycle for the government, which means it takes years to incorporate a new program and requires confident forecasting of the future. Once a program overcomes the necessary hurdles to be included in a budget, it must follow a complex sequence of regulations to issue and manage a contract for the actual goods or services needed. These budget and acquisition processes are often considered separately as they are distinct, but I treat them together because they are closely related and inextricably intertwined in terms of the government’s purchasing of technology.

Importantly, these processes were not intended to obstruct progress; they were designed to ensure cautious and responsible spending, and for good reason. Congress, with its power of the purse, and the Office of Management and Budget (OMB), as the executive branch’s chief budget authority, have the solemn duty to ensure wise and careful use of taxpayer dollars. And their roles in this regard are vital to the U.S. government’s ability to function.

Unfortunately, despite the best of intentions, as noted by some in Congress itself, the budget process has become so “cumbersome, frustrating, and ineffective” that it has weakened the power of the purse and Congress’ capacity to govern. And when complicated acquisition processes are layered on top of the budget process, the result is a spider web of confusion and difficulty for anyone trying to navigate them.

The Need for Speed … and Flexibility and Simplicity

As currently constructed, government budget and acquisition processes cause numerous inefficiencies for the purchase of AI capabilities, negatively impacting three critical areas in particular: speed, flexibility, and simplicity. When it comes to speed and flexibility, the following difficulties jump out:

• The executive branch has a methodical and deliberate three-year budget cycle that calls for defined and steady requirements at the beginning of the cycle. Changing the requirements at any point along the way is difficult and time-consuming.
• The IC’s budgeting processes require that IC spending fit into a series of discrete sequential steps, represented by budget categories like research, development, procurement, or sustainment. Funds are not quickly or easily spent across these categories.
• Most appropriations expire at the end of each fiscal year, which means programs must develop early on, and precisely execute, detailed spending plans or lose the unspent funds at the end of one year.
• Government agencies expend significant time creating detailed Statements of Work (SOWs) that describe contract requirements. Standard contract vehicles do not support evolving requirements, and companies are evaluated over the life of the contract based on strict compliance with the original SOW created years earlier.

These rules make sense in the abstract and result from well-intentioned attempts to buy down the risk of loss or failure and promote accountability and transparency. They require the customer to know with clarity and certainty the solution it seeks in advance of investment and they narrowly limit the customer’s ability to change the plan or hastily implement it. These rules are not unreasonably problematic for the purchase of items like satellites or airplanes, the requirements for which probably should not and will not significantly change over the course of many years.

However, because AI technology is still maturing and the capabilities themselves are always adapting, developing, and adding new functionality, the rules above have become major obstacles to the quick integration of AI across the IC. First, AI requirements defined with specificity years in advance of acquisition – whether in the budget or in a statement of work – are obsolete by the time the technology is delivered. Second, as AI evolves there is often not a clear delineation between research, development, procurement, and sustainment of the technology – it continuously flows back and forth across these categories in very compressed timelines. Third, it is difficult to predict the timing of AI breakthroughs, related new requirements, and funding impacts, so money might not be spent as quickly as expected and could be lost at the end of the fiscal year. Taken together, these processes are inefficient and disruptive, cause confusion and delay, and discourage engagement from small businesses, which have neither the time nor the resources to wait years to complete a contract or to navigate laborious, uncertain processes.

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Simply put, modern practices for fielding AI have outpaced the IC’s decades-old approach to budgeting and acquisition. That AI solutions are constantly evolving, learning, and improving both undermines the IC’s ability to prescribe a specific solution and, in fact, incentivizes the IC to allow the solution to evolve with the technology. The lack of flexibility and speed in how the IC manages and spends money and acquires goods and services is a core problem when it comes to fully incorporating AI into the IC’s toolkit.

Even while we introduce more speed and agility into these processes, however, the government must continue to ensure careful, intentional, and appropriate spending of taxpayer dollars. The adoption of an IC risk framework and modest changes to congressional oversight engagements, which I address in upcoming articles, will help regulate these AI activities in the spirit of the original intent of the budget and acquisition rules.

As for the lack of simplicity, the individually complex budget and acquisition rules are together a labyrinth of requirements, regulations, and processes that even long-time professionals have trouble navigating. In addition:

• There is no quick or simple way for practitioners to keep current with frequent changes in acquisition rules.
• The IC has a distributed approach that allows each element to use its various acquisition authorities independently rather than cohesively, increasing confusion across agency lines.
• Despite the many federal acquisition courses aimed at demystifying the process, there is little connection among educational programs, no clear path for IC officers to participate, and no reward for doing so.

The complexity of the budget and acquisition rules compounds the problems with speed and flexibility, and as more flexibility is introduced to support AI integration, it is even more critical that acquisition professionals be knowledgeable and comfortable with the tools and levers they must use to appropriately manage and oversee contracts.

Impactful Solutions: A Target Rich Environment

Many of these problems are not new; indeed, they have been highlighted and studied often over the past few years in an effort to enable the Department of Defense (DOD) and the IC to more quickly and easily take advantage of emerging technology. But to date, DOD has made only modest gains and the IC is even further behind. While there are hundreds of reforms that could ease these difficulties, narrowing and prioritizing proposed solutions will have a more immediate impact. Moreover, significant change is more likely to be broadly embraced if the IC first proves its ability to successfully implement needed reforms on a smaller scale. The following actions by the executive and legislative branches – some tactical and some strategic – would be powerful steps to ease and speed the transition of AI capabilities into the IC.

Statements of Objectives

A small but important first step to deal with the slow and rigid acquisition process is to encourage the use of Statements of Objectives (SOO) instead of SOWs, when appropriate. As mentioned, SOWs set forth defined project activities, deliverables, requirements, and timelines, which are used to measure contractor progress and success. SOWs make sense when the government understands with precision exactly what is needed from the contractor and how it should be achieved.

SOOs, on the other hand, are more appropriate when the strategic outcome and objectives are clear, but the steps to achieve them are less so. They describe “what” without dictating “how,” thereby encouraging and empowering industry to propose innovative solutions. SOOs also create clarity about what is important to the government, leading companies to focus less on aggressively low pricing of specific requirements and more on meeting the ultimate outcomes in creative ways that align with a company’s strengths. This approach requires knowledgeable acquisition officers as part of the government team, as described below, to ensure the contract includes reasonable milestones and decision points to keep the budget within acceptable levels.

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New Authorities for the IC

Two new authorities would help the IC speed and scale its use of AI capabilities: Other Transaction Authority (OTA)  and Commercial Solutions Openings (CSO). Other Transaction Authority allows specific types of transactions to be completed outside of the traditional federal laws and regulations that apply to standard government procurement contracts, providing significantly more speed, flexibility, and accessibility than traditional contracts. While OTA is limited in scope and not a silver bullet for all acquisition problems, OTA has been used to good effect since 1990 by the Defense Advanced Research Projects Activity (DARPA), DOD’s over-the-horizon research and development organization, among others.

CSOs are a simplified and relatively quick solicitation method to award firm fixed price contracts up to $100 million. CSOs can be used to acquire innovative commercial items, technologies, or services that close capability gaps or provide technological advances through an open call for proposals that provide offerors the opportunity to respond with technical solutions of their own choosing to a broadly defined area of government interest. CSOs are considered competitively awarded regardless of how many offerors respond.

Both OTA and CSO authority should be immediately granted to the IC to improve the speed and flexibility with which the IC can acquire and transition AI into the IC.

Unclassified Sandbox

The predictive nature of the IC’s work and the need to forecast outcomes means the IC must be able to acquire AI at the point of need, aligned to the threat. Waiting several years to acquire AI undermines the IC’s ability to fulfill its purpose. But with speed comes added risk that new capabilities might fail. Therefore, the IC should create an isolated unclassified sandbox, not connected to operational systems, in which potential IC customers could test and evaluate new capabilities alongside developers in weeks-to-months, rather than years. Congress should provide the IC with the ability to purchase software quickly for test and evaluation purposes only to buy down the risk that a rapid acquisition would result in total failure. The sandbox process would allow the IC to test products, consider adjustments, and engage with developers early on, increasing the likelihood of success.

Single Appropriation for Software

DOD has a pilot program that funds software as a single budget item – allowing the same money to be used for research, production, operations, and sustainment – to improve and speed software’s unique development cycle. AI, being largely software, is an important beneficiary of this pilot. Despite much of the IC also being part of DOD, IC-specific activities do not fall within this pilot. Extending DOD’s pilot to the IC would not only speed the IC’s acquisition of AI, but it would also increase interoperability and compatibility of IC and DOD projects.

No-Year Funds

Congress should reconsider the annual expiration of funds as a control lever for AI. Congress already routinely provides no-year funding when it makes sense to do so. In the case of AI, no-year funds would allow the evolution of capabilities without arbitrary deadlines, drive more thoughtful spending throughout the lifecycle of the project, and eliminate the additional overhead required to manage the expiration of funds annually. Recognizing the longer-term nature of this proposal, however, the executive branch also must seek shorter-term solutions in the interim.

A less-preferable alternative is to seek two-year funding for AI. Congress has a long history of proposing biennial budgeting for all government activities. Even without a biennial budget, Congress has already provided nearly a quarter of the federal budget with two-year funding. While two-year funding is not a perfect answer in the context of AI, it would at a minimum discourage parties from rushing to outcomes or artificially burning through money at the end of the first fiscal year and would provide additional time to fulfill the contract. This is presumably why DOD recently created a new budget activity under their Research, Development, Test and Evaluation (RDT&E) category, which is typically available for two years, for “software and digital technology pilot programs.”

AI Technology Fund

Congress should establish an IC AI Technology Fund (AITF) to provide kick-starter funds for priority community AI efforts and enable more flexibility to get those projects off the ground. To be successful, the AITF must have no-year funds, appropriated as a single appropriation, without limits on usage throughout the acquisition lifecycle. The AITF’s flexibility and simplicity would incentivize increased engagement by small businesses, better allowing the IC to tap into the diversity of the marketplace, and would support and speed the delivery of priority AI capabilities to IC mission users.

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ICWERX  

To quickly take advantage of private sector AI efforts at scale, the IC must better understand the market and more easily engage directly with the private sector. To do so, the IC should create an ICWERX, modeled after AFWERX, an Air Force innovation organization that drives agile public-private sector collaboration to quickly leverage and develop cutting-edge technology for the Air Force. AFWERX aggressively uses innovative, flexible, and speedy procurement mechanisms like OTA and the Small Business Innovation Research and Small Business Technology Transfer programs (SBIR/STTR) to improve the acquisition process and encourage engagement from small businesses. AFWERX is staffed by acquisition and market research experts who are comfortable using those authorities and understand the market. While the IC’s needs are not identical, an ICWERX could serve as an accessible “front door” for prospective partners and vendors, and enable the IC to more quickly leverage and scale cutting-edge AI.

De-mystify Current Authorities

While there is much complaining about a lack of flexible authorities in the IC (and a real need for legal reform), there is flexibility in existing rules that has not been fully utilized. The IC has not prioritized the development or hiring of people with the necessary government acquisition and contracts expertise, so there are insufficient officers who know how to use the existing authorities and those who do are overworked and undervalued. The IC must redouble its efforts to increase its expertise in, and support the use of, these flexibilities in several ways.

First, the IC should create formal partnerships and increase engagement with existing U.S. government experts. The General Services Administration’s Technology Transformation Services (TTS) and FEDSIM, for example, work across the federal government to build innovative acquisition solutions and help agencies more quickly adopt AI. In addition, DOD’s Joint AI Center has built significant acquisition expertise that the IC must better leverage. The IC also should increase joint duty rotations in this area to better integrate and impart acquisition expertise across the IC.

Second, the IC must prioritize training and education of acquisition professionals. And while deep acquisition expertise is not necessary for everyone, it is important for lawyers, operators, technologists, and innovators to have a reasonable understanding of the acquisition rules, and the role they each play in getting to successful outcomes throughout the process. Collaboration and understanding across these professions and up and down the chain of command will result in more cohesive, speedy, and effective outcomes.

To that end, the Office of the Director of National Intelligence (ODNI) should work with the many existing government acquisition education programs, as well as the National Intelligence University, to develop paths for IC officers to grow their understanding of and ability to navigate and successfully use acquisition rules. The ODNI also should strengthen continuing education requirements and create incentive pay for acquisition professionals.

Third, the IC should prioritize and use direct hire authority to recruit experts in government acquisition, to include a mix of senior term-limited hires and junior permanent employees with room to grow and the opportunity for a long career in the IC. Such a strategy would allow the IC to quickly tackle the current AI acquisition challenges and build a bench of in-house expertise.

Finally, practitioners should have an easily accessible reference book to more quickly discover relevant authorities, understand how to use them, and find community experts. A few years ago, the ODNI led the creation of an IC Acquisition Playbook, which describes common IC acquisition authorities, practices, and usages. The ODNI should further develop and disseminate this Playbook as a quick win for the IC.

Incentivize Behavior

To encourage creative and innovative acquisition practices, as well as interdisciplinary collaboration, the IC must align incentives with desired outcomes and create in acquisition professionals a vested interest in the success of the contract. Acquisition officers today are often brought into projects only in transactional ways, when contracts must be completed or money must be obligated, for example. They are rarely engaged early as part of a project team, so they are not part of developing the solutions and have minimal investment in the project’s success. Reinforcing this, acquisition professionals are evaluated primarily on the amount of money they obligate by the end of the fiscal year, rather than on the success of a project.

Therefore, to start, project teams should be required to engage acquisition officers early and often, both to seek their advice and to ensure they have a good understanding of the project’s goals. In addition, evaluation standards for acquisition officers should incorporate effective engagement and collaboration with stakeholders, consideration of creative alternatives and options, and delivery of mission outcomes. If an officer uses innovative practices that fail, that officer also should be evaluated on what they learned from the experience that may inform future success.

Lastly, the ODNI should reinvigorate and highlight the IC acquisition awards to publicly reward desired behavior, and acquisition professionals should be included in IC mission team awards as a recognition of their impact on the ultimate success of the mission.

Conclusion

Between the government’s rigid budget and acquisition processes and confusion about how to apply them, there is very little ability for the IC to take advantage of a fast-moving field that produces new and updated technology daily. Tackling these issues through the handful of priority actions set forth above will begin to drive the critical shift away from the IC’s traditional, linear processes to the more dynamic approaches the IC needs to speed and transform the way it purchases, integrates, and manages the use of AI.

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