Bill Summary
This legislation authorizes appropriations for intelligence and intelligence-related activities, makes technical corrections to existing laws, and addresses sexual assault and harassment within the CIA. It also establishes new offices and positions within the intelligence community and requires the development of policies and procedures to prevent and address these offenses. Furthermore, it includes provisions for the use of new technologies, such as artificial intelligence, in intelligence products and requires the reporting of these activities to congressional leadership.
Possible Impacts
1. Under this legislation, federal elected officials and candidates will be notified in the event of a counterintelligence investigation, potentially affecting their political careers and public standing.
2. The creation of Intelligence Community Counterintelligence Offices and reviews of the confidential human source program may impact the day-to-day operations of intelligence agencies and personnel.
3. The establishment of an Office of the Victim and Whistleblower Counsel and a Special Victim Investigator within the CIA will provide support for employees who are victims of sex-related offenses and harassment, potentially improving the work environment within the agency.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3932 Reported in House (RH)]
<DOC>
Union Calendar No. 129
118th CONGRESS
1st Session
H. R. 3932
[Report No. 118-162]
To authorize appropriations for fiscal year 2024 for intelligence and
intelligence related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2023
Mr. Turner introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
August 18, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June 7,
2023]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2024 for intelligence and
intelligence related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Prohibition on availability of funds to implement Executive
Order 13556.
Sec. 304. Nonapplicability of certain prohibitions relating to
modification of account structure for
National Intelligence Program budget.
Sec. 305. Secure communication between Congress and intelligence
community.
TITLE IV--MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE
Subtitle A--Miscellaneous Authorities and Limitations
Sec. 401. Enhanced personnel security review with respect to social
media.
Sec. 402. Limitation on authority of Director of National Intelligence
to establish additional national
intelligence centers.
Sec. 403. Improvements relating to intelligence community staffing,
details, and assignments.
Sec. 404. Insider threats.
Sec. 405. Modification of deadline for annual submission of National
Intelligence Priorities Framework.
Sec. 406. Matters relating to chief data officers of intelligence
community.
Sec. 407. Modification to special pay authority for science,
technology, engineering, or mathematics
positions.
Sec. 408. Annual report on unfunded priorities of intelligence
community.
Sec. 409. Notice to Congress of counterintelligence threats to
legislative branch.
Sec. 410. Congressional notice of counterintelligence investigations
into persons holding elected offices and
candidates for such offices.
Sec. 411. Submission of legislative proposals.
Sec. 412. Sunset of certain intelligence community reporting
requirements.
Sec. 413. Notice and damage assessment with respect to significant
unauthorized disclosure of classified
national intelligence.
Sec. 414. In-state tuition rates for certain members of intelligence
community.
Sec. 415. Repeal of study on personnel under Strategic Intelligence
Partnership Program.
Sec. 416. Authorization relating to certain intelligence and
counterintelligence activities of Coast
Guard.
Sec. 417. Intelligence Community Counterintelligence Offices.
Sec. 418. Termination of Climate Security Advisory Council.
Sec. 419. Limitation on availability of funds for Federal Bureau of
Investigation pending submission of
information regarding certain media
engagements.
Sec. 420. Limitation on availability of funds for Federal Bureau of
Investigation pending submission of certain
memorandum relating to budget.
Sec. 421. Limitation on availability of funds for Office of the
Director of National Intelligence pending
submission of certain documents and
annexes.
Subtitle B--Reports and Other Matters
Sec. 431. Inclusion of counternarcotics as special topic in certain
budget justification materials.
Sec. 432. Development of plan to make open-source intelligence products
available to certain Federal employees.
Sec. 433. Intelligence community-wide policy on prepublication review.
Sec. 434. Review relating to confidential human source program of
Federal Bureau of Investigation.
Sec. 435. Inspector General of the Intelligence Community assessment of
Overt Human Intelligence Collection Program
of Department of Homeland Security.
Sec. 436. Intelligence assessments regarding Haiti.
Sec. 437. Intelligence assessment of influence operations by People's
Republic of China toward Pacific Islands
countries.
Sec. 438. Independent study on economic impact of military invasion of
Taiwan by People's Republic of China.
Sec. 439. Reports on civilian casualties caused by certain operations
of foreign governments.
Sec. 440. Report by Director of National Intelligence on Uyghur
genocide.
Sec. 441. Technical corrections.
TITLE V--MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD
ARCHITECTURE
Sec. 501. Extension of authority to engage in commercial activities as
security for intelligence collection
activities.
Sec. 502. Modification of reporting requirement for All-Domain Anomaly
Resolution Office.
Sec. 503. Military intelligence collection and analysis partnerships.
Sec. 504. Authorization for establishment of National Space
Intelligence Center as field operating
agency.
Sec. 505. Defense Intelligence Agency assessment of strategic
competition in Latin America and the
Caribbean.
Sec. 506. Quarterly briefings relating to use of Military Intelligence
Program funds.
TITLE VI--MATTERS RELATING TO NATIONAL SECURITY AGENCY, CYBER, AND
COMMERCIAL CLOUD ENTERPRISE
Sec. 601. Congressional notification by National Security Agency of
intelligence collection adjustments.
Sec. 602. Modifications to enforcement of cybersecurity requirements
for national security systems.
Sec. 603. Support by intelligence community for certain cross-
functional team of Department of Defense.
Sec. 604. Commercial Cloud Enterprise notification.
Sec. 605. Commercial Cloud Enterprise sole source task order
notification requirement.
Sec. 606. Analysis of commercial cloud initiatives of intelligence
community.
TITLE VII--MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY
Sec. 701. Inspector General of the Central Intelligence Agency
quarterly employee engagement summaries.
Sec. 702. Improved funding flexibility for payments made by Central
Intelligence Agency for qualifying injuries
to brain.
Sec. 703. Benjamin Tallmadge Institute as primary Central Intelligence
Agency entity for education and training in
counterintelligence.
Sec. 704. Central Intelligence Agency intelligence assessment of
Sinaloa Cartel and Jalisco Cartel.
Sec. 705. Central Intelligence Agency intelligence assessment with
respect to efforts by People's Republic of
China to increase influence in Middle East.
Sec. 706. Assessment of availability of mental health and chaplain
services to Agency employees.
Sec. 707. Assessment by Director of Central Intelligence Agency on
certain effects of Abraham Accords.
TITLE VIII--REPORTING AND INVESTIGATIONS OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT IN CENTRAL INTELLIGENCE AGENCY
Sec. 801. Reporting and investigation of allegations of sex-related
offenses and sexual harassment in Central
Intelligence Agency.
TITLE IX--MATTERS RELATING TO TECHNOLOGY AND INNOVATION
Sec. 901. Intelligence Community Innovation Unit.
Sec. 902. Establishment of Office of Engagement.
Sec. 903. Requirement for a chief technology officer within each
element of the intelligence community.
Sec. 904. Requirement to authorize additional security clearances for
certain contractors.
Sec. 905. Intelligence Innovation Board.
Sec. 906. Programs for next-generation microelectronics in support of
artificial intelligence.
Sec. 907. Program for Beyond 5G.
Sec. 908. Intelligence community commercial remote sensing
requirements.
Sec. 909. Requirement to ensure intelligence community directives
appropriately account for artificial
intelligence and machine learning tools in
intelligence products.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2024 the sum of
$715,200,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2024 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2024.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 303. PROHIBITION ON AVAILABILITY OF FUNDS TO IMPLEMENT EXECUTIVE
ORDER 13556.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for an element of the
intelligence community may be obligated or expended to implement
Executive Order 13556 (75 Fed. Reg. 68675; relating to controlled
unclassified information), or any successor order.
SEC. 304. NONAPPLICABILITY OF CERTAIN PROHIBITIONS RELATING TO
MODIFICATION OF ACCOUNT STRUCTURE FOR NATIONAL
INTELLIGENCE PROGRAM BUDGET.
None of the prohibitions under section 8067 of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) shall apply with respect
to amounts authorized to be appropriated by this Act.
SEC. 305. SECURE COMMUNICATION BETWEEN CONGRESS AND INTELLIGENCE
COMMUNITY.
(a) In General.--The Director of National Intelligence shall
provide secure communications to support the oversight functions of the
congressional intelligence committees, including through the
procurement, installation, configuration, and maintenance of sufficient
software, connectivity, information technology equipment, computers,
printers, and related peripheral equipment to ensure that such
committees are able to communicate with the intelligence community
through secure data, voice, and video communications at all
classification levels.
(b) On-premises Support.--During any period when either the Senate
or House of Representatives is in session, or upon the request of
either of the congressional intelligence committees, the Director shall
provide to such committees timely on-premises support to ensure the
efficient operation of networks, equipment, and software and the
resolution of any related issues.
(c) Governance.--The Director, in coordination with designated
congressional leaders, shall establish governance and security policies
applicable to the connectivity, equipment, and software provided under
subsection (a).
(d) Budget.--The Director shall ensure that within the budget of
the Office of the Director of National Intelligence there is a specific
expenditure center and project to be used to carry out this section.
(e) Treatment as Congressional Records.--Any data stored or
transmitted by the congressional intelligence committees through
networks, equipment, or software provided under subsection (a) is a
congressional record and shall not be treated as an agency record for
purposes of section 552 of title 5, United States Code, (commonly known
as the ``the Freedom of Information Act'') or any other law.
(f) Designated Congressional Leaders.--In this section, the term
``designated congressional leaders'' means--
(1) the Chair and Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives, or
their designees; and
(2) the Chair and Vice Chair of the Select Committee on
Intelligence of the Senate, or their designees.
TITLE IV--MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE
Subtitle A--Miscellaneous Authorities and Limitations
SEC. 401. ENHANCED PERSONNEL SECURITY REVIEW WITH RESPECT TO SOCIAL
MEDIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community should take appropriate
measures to thoroughly and in a timely manner investigate and
adjudicate prospective applicants for sensitive national
security positions within the intelligence community;
(2) the intelligence community should use existing
authorities to ensure robust continuous vetting for continued
eligibility for access to classified information and carefully
manage the speed and accuracy of the security clearance
adjudication process at both the initial investigation process
and throughout the career of personnel serving in positions
within the intelligence community;
(3) the intelligence community must balance the increasing
demand for recruiting the best talent to meet personnel
requirements in an expeditious manner while still maintaining a
dedicated and patriotic workforce with allegiance to the
Constitution and the United States Government;
(4) the availability of social media to the national
security workforce of the United States, including both private
and public accounts, can enable the unauthorized disclosure of
classified national security information in an instant, which
endangers the United States and its partners and allies, and
empowers foreign adversaries; and
(5) to ensure the loyalty and patriotism of the trusted
national security and intelligence community workforce of the
United States, the intelligence community must fully use
available vetting resources and all authorities prescribed by
law, while guaranteeing all constitutional protections of such
workforce.
(b) Enhanced Personnel Security Review With Respect to Social
Media.--Section 11001(b) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Special requirements with respect to social media.--
``(A) In general.--Information obtained and
integrated from sources described in paragraph (1)
shall include any publicly available social media
information relating to the covered individual.
``(B) Disclosure by covered individuals.--The
enhanced personnel security program of an agency shall
include a requirement that a covered individual
disclose any username or alias used by the covered
individual on any social media account, including both
private and public social media accounts, but may not
require the covered individual to disclose any password
for any such account.''.
SEC. 402. LIMITATION ON AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE
TO ESTABLISH ADDITIONAL NATIONAL INTELLIGENCE CENTERS.
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is
amended--
(1) by amending section 102A(f)(2) (50 U.S.C. 3024(f)(2))
to read as follows:
``(2)(A) The Director of National Intelligence shall oversee the
National Counterterrorism Center, the National Counterproliferation and
Biosecurity Center, the National Counterintelligence and Security
Center, the Foreign Malign Influence Center, and the Cyber Threat
Intelligence and Integration Center.
``(B) The Director of National Intelligence may establish a new
national intelligence center, or assign a new function to a national
intelligence center, but only if--
``(i) the Director submits to the congressional
intelligence committees written notification of such proposed
establishment or assignment; and
``(ii) a period of 90 days has elapsed after the date on
which such committees receive such notification.'';
(2) by amending section 103(c)(14) (50 U.S.C. 3025(c)(14))
to read as follows:
``(14) Such other offices and officials as may be
established by law or the Director may establish or designate
in the Office, including national intelligence centers
(consistent with the notification requirement under section
102A(f)(2)(B)).''; and
(3) by amending section 119B(a) (50 U.S.C. 3058(a)) to read
as follows:
``(a) Authority to Establish.--The Director of National
Intelligence may establish, consistent with the notification
requirement under section 102A(f)(2)(B), one or more national
intelligence centers to address intelligence priorities, including
regional issues.''.
SEC. 403. IMPROVEMENTS RELATING TO INTELLIGENCE COMMUNITY STAFFING,
DETAILS, AND ASSIGNMENTS.
(a) Improvements Relating to Assignments and Details.--Section
102A(f)(3)(A) of the National Security Act of 1947 (50 U.S.C.
3024(f)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``personnel policies'' and inserting ``binding personnel
policies'';
(2) by amending clause (i) to read as follows:
``(i) require and facilitate assignments and details of
personnel to national intelligence centers, and between
elements of the intelligence community over the course of the
careers of such personnel;''; and
(3) by amending clause (v) to read as follows:
``(v) require service in more than one element of the
intelligence community as a condition of promotion to such
positions within the intelligence community as the Director
shall specify, and take requisite steps to ensure compliance
among elements of the intelligence community; and''.
(b) Required Staffing Document for Office of Director of National
Intelligence.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall establish, and thereafter shall update as
necessary, a single document setting forth each position within
the Office of the Director of National Intelligence, including
any directorate, center, or office within such Office.
(2) Elements.--The document under paragraph (1) shall
include, with respect to each position set forth in the
document, the following:
(A) A description of the position.
(B) The directorate, center, office, or other
component of the Office of the Director of National
Intelligence within which the position is.
(C) The element of the intelligence community
designated to fill the position, if applicable.
(D) The requisite type and level of skills for the
position, including any special skills or
certifications required.
(E) The requisite security clearance level for the
position.
(F) The pay grade for the position.
(G) Any special pay or incentive pay payable for
the position.
(3) Integrated representation.--In establishing and filling
the positions specified in paragraph (1), the Director of
National Intelligence shall take such steps as may be necessary
to ensure the integrated representation of officers and
employees from the other elements of the intelligence community
with respect to such positions.
SEC. 404. INSIDER THREATS.
Section 102A(f) of the National Security Act of 1947 (50 U.S.C.
3024(f)) is amended--
(1) by redesignating paragraphs (8) through (10) as
paragraphs (9) through (11), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) The Director of National Intelligence shall--
``(A) conduct assessments and audits of the compliance of
each element of the intelligence community with minimum insider
threat policy;
``(B) receive information from each element of the
intelligence community regarding the collection, sharing, and
use by such element of audit and monitoring data for insider
threat detection across all classified and unclassified
information technology systems within such element;
``(C) provide guidance and oversight to Federal departments
and agencies to fully implement automated records checks,
consistent with personnel vetting reforms and the Trusted
Workforce 2.0 initiative, or successor initiative, and ensure
that information collected pursuant to such records checks is
appropriately shared in support of intelligence community-wide
insider threat initiatives;
``(D) carry out evaluations of the effectiveness of
counterintelligence, security, and insider threat program
activities of each element of the intelligence community,
including with respect to the lowest organizational unit of
each such element, that include an identification of any gaps,
shortfalls, or resource needs of each such element;
``(E) identify gaps, shortfalls, resources needs, and
recommendations for adjustments in allocations and additional
resources and other remedies to strengthen counterintelligence,
security, and insider threat detection programs;
``(F) pursuant to final damage assessments facilitated by
the National Counterintelligence and Security Center that have
been undertaken as a result of an unauthorized disclosure,
determine whether the heads of the elements of the intelligence
community implement recommended mitigation, and notify the
congressional intelligence committees of such determinations;
and
``(G) study the data collected during the course of
background investigations and adjudications for security
clearances granted to individuals who subsequently commit
unauthorized disclosures, and issue findings regarding the
quality of such data as a predictor for insider threat
activity, delineated by the severity of the unauthorized
disclosure.''.
SEC. 405. MODIFICATION OF DEADLINE FOR ANNUAL SUBMISSION OF NATIONAL
INTELLIGENCE PRIORITIES FRAMEWORK.
Section 102A(p)(3) of the National Security Act of 1947 (50 U.S.C.
3024(p)(3)) is amended by striking ``October 1'' and inserting ``March
1''.
SEC. 406. MATTERS RELATING TO CHIEF DATA OFFICERS OF INTELLIGENCE
COMMUNITY.
(a) Prohibition on Simultaneous Service as Chief Data Officer and
Chief Information Officer.--Section 103G of the National Security Act
of 1947 (50 U.S.C. 3032) is amended by adding at the end the following
new subsection:
``(d) Prohibition on Simultaneous Service as Chief Data Officer and
Chief Information Officer.--An individual serving in the position of
Chief Information Officer of the Intelligence Community or chief
information officer of any other element of the intelligence community,
as the case may be, may not, while so serving, serve as the
Intelligence Community Chief Data Officer under section 103K or as the
chief data officer of any other element of the intelligence
community.''.
(b) Clarification of Duties of Intelligence Community Chief Data
Officer.--
(1) Clarification of data-related duties.--Section
103K(c)(4) of the National Security Act of 1947 (50 U.S.C.
3034b(c)(4)) is amended by inserting ``relating to data'' after
``duties''.
(2) Removal of unrelated duties and functions.--Not later
than 90 days after the date of the enactment of this Act,
consistent with section 103K(c) of the National Security Act of
1947 (50 U.S.C. 3034b(c)), as amended by paragraph (1), the
Director of National Intelligence shall complete such internal
reorganization of the Office of the Director of National
Intelligence as the Director determines necessary to ensure
that the duties of the Intelligence Community Chief Data
Officer appointed under such section do not include--
(A) any duty relating to partnership
interoperability or partnership engagement; or
(B) any other duty that does not relate to an issue
involving data.
(3) Briefing.--Prior to the date on which the Director
completes the reorganization under paragraph (2), the Director
shall provide to the congressional intelligence committees a
briefing regarding--
(A) the proposed reorganization; and
(B) any other efforts of the Director to ensure
that any future duties prescribed by the Director to be
performed by the Intelligence Community Chief Data
Officer pursuant to section 103K(c) of the National
Security Act of 1947 (50 U.S.C. 3034b(c)), as amended
by paragraph (1), relate exclusively to issues
involving data, consistent with such section.
(c) Reports.--Not later than 90 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall submit to the congressional intelligence committees a
written report regarding the organizational and reporting structure for
the chief data officer of that element, including an identification of
whether such chief data officer reports to, or is otherwise subordinate
to, the chief information officer of that element and, if so, the
rationale for such organizational and reporting structure.
SEC. 407. MODIFICATION TO SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS.
(a) Modification.--Section 113B of the National Security Act of
1947 (50 U.S.C. 3049a) is amended--
(1) in the section heading, by inserting ``and positions
requiring banking or financial services expertise'' after
``mathematics positions'';
(2) in subsection (a)--
(A) in the heading, by inserting ``or in Banking or
Financial Services'' after ``Mathematics'';
(B) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``or in banking or
financial services (including expertise relating to
critical financial infrastructure operations, capital
markets, banking compliance programs, or international
investments)'' after ``or mathematics'';
(C) by redesignating paragraph (2) as paragraph
(3); and
(D) by inserting after paragraph (1) the following
new paragraph:
``(2) Limitation on number of recipients.--For each element
of the intelligence community, the number of individuals
serving in a position in such element who receive a higher rate
of pay established or increased under paragraph (1) may not, at
any time during a given fiscal year, exceed 50 individuals or 5
percent of the total number of full-time equivalent positions
authorized for such element for the preceding fiscal year,
whichever is greater.''; and
(3) in subsection (e), by striking ``the element'' and
inserting ``an element''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions and
positions requiring banking or financial
services expertise.''.
(c) Reports.--Not later than September 1 of each year until
September 1, 2025, the head of each element of the intelligence
community shall submit to the congressional intelligence committees a
report on any rates of pay established for such element under section
113B of such Act (50 U.S.C. 3049a), as amended by subsection (a),
including--
(1) a description of any rates of pay so established; and
(2) an identification of the number of positions in such
element that will be subject to such rates of pay during the
subsequent fiscal year.
SEC. 408. ANNUAL REPORT ON UNFUNDED PRIORITIES OF INTELLIGENCE
COMMUNITY.
Section 514(a) of the National Security Act of 1947 (50 U.S.C.
3113(a)) is amended by inserting ``prepare and'' after ``each element
of the intelligence community shall''.
SEC. 409. NOTICE TO CONGRESS OF COUNTERINTELLIGENCE THREATS TO
LEGISLATIVE BRANCH.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 516. NOTICE TO CONGRESS OF COUNTERINTELLIGENCE THREATS TO
LEGISLATIVE BRANCH AND LEGISLATIVE BRANCH OFFICIALS.
``(a) Notification, Briefings, and Preparation of Reports.--
Consistent with the protection of intelligence sources and methods, the
Director of National Intelligence and the Director of the Federal
Bureau of Investigation shall jointly--
``(1) notify, in a timely manner, congressional leadership
of any counterintelligence threat to the legislative branch or
a legislative branch official;
``(2) provide to legislative branch officials determined
appropriate by the Directors, including any such official
targeted or compromised by such a threat, briefings on the
defense against such threats; and
``(3) prepare reports that include specific information
concerning such threats to the legislative branch or
legislative branch officials but exclude the intelligence
sources or methods by which such information has been obtained,
to facilitate the increased distribution of specific
information concerning such threats.
``(b) Defensive Priority.--In determining the appropriateness of
disseminating information on counterintelligence threats (including
information associated with a sensitive intelligence matter or ongoing
criminal investigation) or of providing a briefing on the defense
against such threats under subsection (a), the Director of National
Intelligence and the Director of the Federal Bureau of Investigation
shall seek to resolve such determination in favor of the action most
compatible with enhancing the defense of the legislative branch against
such threats.
``(c) Quarterly Reports.--
``(1) Requirement.--On a quarterly basis, the Director of
National Intelligence shall submit to congressional leadership
a report on counterintelligence threats to the legislative
branch or legislative branch officials.
``(2) Matters.--Each report under paragraph (1) shall
include, with respect to the quarterly period covered by the
report, the following:
``(A) A description of any counterintelligence
threat to the legislative branch or a legislative
branch official (including the identity of any such
official) identified during such period.
``(B) An identification of each date on which the
intelligence community became aware of such a threat.
``(C) An identification of the number of briefings
provided under subsection (a)(2) during such period,
including an identification of each date on which such
a briefing occurred.
``(D) An identification of the number of reports
prepared under subsection (a)(3) during such period.
``(d) Definitions.--In this section:
``(1) Congressional leadership.--The term `congressional
leadership' means--
``(A) the Speaker of the House of Representatives;
``(B) the minority leader of the House of
Representatives;
``(C) the majority leader of the Senate;
``(D) the minority leader of the Senate;
``(E) the Chairman and Ranking Member of the
Permanent Select Committee on Intelligence of the House
of Representatives; and
``(F) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate.
``(2) Legislative branch.--The term `legislative branch'
has the meaning given that term in section 202 of title 18,
United States Code.
``(3) Legislative branch official.--The term `legislative
branch official' includes--
``(A) a Member of Congress;
``(B) an elected officer of either House of
Congress;
``(C) any employee of, or any other individual
functioning in the capacity of an employee of--
``(i) a Member of Congress;
``(ii) a committee of either House of
Congress;
``(iii) the leadership staff of the House
of Representatives or the leadership staff of
the Senate;
``(iv) a joint committee of Congress; or
``(v) a working group or caucus organized
to provide legislative services or other
assistance to Members of Congress; and
``(D) any other legislative branch employee serving
in a position described under section 13101(13) of
title 5, United States Code.''.
SEC. 410. CONGRESSIONAL NOTICE OF COUNTERINTELLIGENCE INVESTIGATIONS
INTO PERSONS HOLDING ELECTED OFFICES AND CANDIDATES FOR
SUCH OFFICES.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), as amended by section 409, is further amended by adding at the
end the following new section (and conforming the table of contents at
the beginning of such Act accordingly):
``SEC. 517. CONGRESSIONAL NOTICE OF COUNTERINTELLIGENCE INVESTIGATIONS
INTO FEDERAL ELECTED OFFICIALS AND CANDIDATES IN
ELECTIONS FOR FEDERAL OFFICE.
``(a) Notice Requirement.--Notwithstanding section 533 of title 28,
United States Code, the delegation of the authorities of the Attorney
General, or any other delegation of authority, direction, or policy of
the executive branch, the Director of Federal Bureau of Investigation
shall notify congressional leadership not later than 48 hours after the
commencement of a counterintelligence investigation into a person who
holds an elected Federal office or a candidate in an election for such
an office. Such notification shall include a summary of the relevant
facts associated with the counterintelligence investigation and the
identity of the person subject to such investigation.
``(b) Congressional Leadership.--The term `congressional
leadership' means--
``(1) the Speaker of the House of Representatives;
``(2) the minority leader of the House of Representatives;
``(3) the majority leader of the Senate;
``(4) the minority leader of the Senate;
``(5) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives; and
``(6) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate.''.
SEC. 411. SUBMISSION OF LEGISLATIVE PROPOSALS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), as amended by section 410, is further amended by adding at the
end the following new section (and conforming the table of contents at
the beginning of such Act accordingly):
``SEC. 518. SUBMISSION OF LEGISLATIVE PROPOSALS.
``Not later than 45 days after the date on which the President
submits to Congress the budget for each fiscal year pursuant to section
1105(a) of title 31, United States Code, the Director of National
Intelligence shall submit to the congressional intelligence committees
any legislative provisions that are proposed by the Director to be
enacted as part of the annual intelligence authorization bill for that
fiscal year.''.
SEC. 412. SUNSET OF CERTAIN INTELLIGENCE COMMUNITY REPORTING
REQUIREMENTS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091), as
amended by section 411, is further amended by adding at the end the
following new section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 519. TERMINATION OF CERTAIN REPORTING REQUIREMENTS.
``(a) Sunset.--Effective on December 31, 2025, each report
described in subsection (b) that is still required to be submitted to
Congress as of such date shall no longer be required to be submitted to
Congress.
``(b) Reports Described.--Except as provided in subsection (c), a
report described in this subsection is a recurring report that is
required to be submitted to Congress by the Director of National
Intelligence, or by any officer, official, component, or element of the
Office of the Director of National Intelligence, pursuant to--
``(1) a provision of an annual intelligence authorization
Act for fiscal year 2021 or any prior fiscal year;
``(2) any amendment made by such an Act; or
``(3) any committee report, classified annex, or
explanatory statement accompanying such an Act.
``(c) Exceptions.--Subsection (a) shall not apply with respect to
any of the following:
``(1) A reporting requirement imposed on all departments
and agencies of the Federal Government.
``(2) A report required in conjunction with a provision of
law that requires a certification, determination or comparable
finding, or authorizing waiver with respect to a condition,
limitation, or comparable restriction.
``(3) A recurring report required by a provision of law
that specifies when the requirement to submit the report
terminates.
``(4) An annual report required by section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b).
``(5) A report required to be submitted by an individual or
entity other than an individual referred to in subsection (b)
that requires consultation or coordination with an individual
described in subsection (b).
``(d) Report to Congress.--Not later than February 1, 2024, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report that includes--
``(1) a list of all reports that the Director determines
are described in subsection (b) and not subject to an exception
under subsection (c); and
``(2) for each report included on such list, a citation to
the provision of law under which the report is required to be
submitted.''.
SEC. 413. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OF CLASSIFIED NATIONAL
INTELLIGENCE.
Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.) is amended by inserting after section 1105 the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 1105A. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OF CLASSIFIED NATIONAL
INTELLIGENCE.
``(a) Notification and Damage Assessment Requirements.--
``(1) Requirements.--If the Director of National
Intelligence becomes aware of an actual or potential
significant unauthorized disclosure of classified national
intelligence--
``(A) as soon as practicable, but not later than 7
days after the date on which the Director becomes so
aware, the Director shall notify the congressional
intelligence committees of such actual or potential
disclosure; and
``(B) in the case of an actual disclosure, not
later than 7 days after the date on which the Director
becomes so aware, the Director or the head of any
element of the intelligence community from which the
significant unauthorized disclosure originated shall
initiate a damage assessment consistent with the
procedures set forth in Intelligence Community
Directive 732 (relating to the conduct of damage
assessments), or successor directive, with respect to
such disclosure.
``(2) Contents of notification.--A notification submitted
to the congressional intelligence committees under paragraph
(1)(A) with respect to an actual or potential significant
unauthorized disclosure of classified national intelligence
shall include--
``(A) a summary of the facts and circumstances of
such disclosure;
``(B) a summary of the contents of the national
intelligence revealed or potentially revealed, as the
case may be, by such disclosure;
``(C) an initial appraisal of the level of actual
or potential damage, as the case may be, to the
national security of the United States as a result of
such disclosure; and
``(D) in the case of an actual disclosure, which
elements of the intelligence community will be involved
in the damage assessment conducted with respect to such
disclosure pursuant to paragraph (1)(B).
``(b) Damage Assessment Reporting Requirements.--
``(1) Recurring reporting requirement.--Not later than 30
days after the date of the initiation of a damage assessment
pursuant to subsection (a)(1)(B), and every 90 days thereafter
until the completion of the damage assessment or upon the
request of the congressional intelligence committees, the
Director of National Intelligence shall--
``(A) submit to the congressional intelligence
committees copies of any documents or materials
disclosed as a result of the significant unauthorized
disclosure of the classified national intelligence that
is the subject of the damage assessment; and
``(B) provide to the congressional intelligence
committees a briefing on such documents and materials
and a status of the damage assessment.
``(2) Final damage assessment.--As soon as practicable
after completing a damage assessment pursuant to subsection
(a)(1)(B), the Director of National Intelligence shall submit
the final damage assessment to the congressional intelligence
committees.
``(c) Notification of Referral to Department of Justice.--If a
referral is made to the Department of Justice from any element of the
intelligence community regarding a significant unauthorized disclosure
of classified national intelligence under this section, the Director of
National Intelligence shall notify the congressional intelligence
committees of the referral on the date such referral is made.''.
SEC. 414. IN-STATE TUITION RATES FOR CERTAIN MEMBERS OF INTELLIGENCE
COMMUNITY.
(a) In General.--Section 135(d) of the Higher Education Act of 1965
(20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign
Service Families Act of 2021 (Public Law 117-81), is further amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) an officer or employee of an element of the
intelligence community (as such term is defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) who serves
in a position of employment in such element for a period of
more than 30 days.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at each public institution of higher education in a State
that receives assistance under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) for the first period of enrollment at such
institution that begins after July 1, 2024.
SEC. 415. REPEAL OF STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE
PARTNERSHIP PROGRAM.
Section 6435 of the Intelligence Authorization Act for Fiscal Year
2023 (Public Law 117-263; 136 Stat. 3533) is repealed (and conforming
the table of contents in section 6001(b) accordingly).
SEC. 416. AUTHORIZATION RELATING TO CERTAIN INTELLIGENCE AND
COUNTERINTELLIGENCE ACTIVITIES OF COAST GUARD.
(a) Authorization.--Consistent with the policies, procedures, and
coordination required pursuant to section 811 of the
Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C.
3381) and section 902 of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 3382), the Commandant of the Coast Guard may obligate
and expend amounts made available under the National Intelligence
Program for the intelligence and counterintelligence activities of the
Coast Guard to conduct such an activity without regard to any other
provision of law or regulation relating to the obligation, expenditure,
or accounting of Government funds, if--
(1) the object of the activity is of a confidential,
extraordinary, or emergency nature; and
(2) following each such expenditure, the Commandant submits
to the congressional intelligence committees a written
certification that the object of the activity was of a nature
described in paragraph (1).
(b) Treatment of Certification.--Each written certification under
subsection (a)(2) shall be deemed a full and sufficient voucher for the
expenditure of the amount expressed therein, and is final and
conclusive upon the accounting officers of the United States.
(c) Limitation.--Except as provided in subsection (d), of the funds
made available under the National Intelligence Program for a fiscal
year for the intelligence and counterintelligence activities of the
Coast Guard, not more than 5 percent may be expended during the fiscal
year under subsection (a) to conduct such activities in accordance with
such subsection unless, for each intended expenditure in excess of such
percentage--
(1) the Commandant submits to the congressional
intelligence committees a notification of the intent to expend
the amounts; and
(2) a period of 30 days has elapsed following the date on
which the Commandant submits such notification.
(d) Waiver.--
(1) Authority.--The Commandant may waive the limitation
under subsection (c) if the Commandant determines such a waiver
is necessary as a result of extraordinary circumstances that
affect the national security of the United States.
(2) Notification to congress.--Not later than 2 days after
issuing a waiver under paragraph (1), the Commandant shall
submit to the congressional intelligence committees written
notice and justification for the waiver.
(e) National Intelligence Program Defined.--In this section, the
term ``National Intelligence Program'' has the meaning given that term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 417. INTELLIGENCE COMMUNITY COUNTERINTELLIGENCE OFFICES.
(a) Establishment of Offices.--
(1) Agreements with departments and agencies.--The Director
of National Intelligence, acting through the Director of the
National Counterintelligence and Security Center, shall seek to
enter into an agreement with the head of a designated Federal
department or agency under which the Director of National
Intelligence and the head of the designated Federal department
or agency shall establish within the designated Federal
department or agency an office, which shall be known as an
``Intelligence Community Counterintelligence Office'', in
accordance with this section.
(2) Location.--Each office established under this
subsection within a department or agency shall be physically
located within the headquarters of the department or agency and
within reasonable proximity to the offices of the agency or
departmental leadership.
(3) Security.--The Director of the National
Counterintelligence and Security Center shall be responsible
for the protection of classified information and for the
establishment and enforcement of all security-related controls
within an Intelligence Community Counterintelligence Office.
(b) Personnel.--
(1) Director.--
(A) Appointment.--The head of an Intelligence
Community Counterintelligence Office established within
a designated Federal department or agency pursuant to
this section shall be the Director of the Intelligence
Community Counterintelligence Office of the department
or agency who is appointed by the Director of National
Intelligence. The Director of the Intelligence
Community Counterintelligence Office shall--
(i) be supervised and subject to
performance evaluations by the Director of the
National Counterintelligence and Security
Center, in consultation with the head of the
department or agency;
(ii) be an employee of the intelligence
community with significant counterintelligence
experience; and
(iii) serve for a period of 3 years.
(B) Responsibilities.--The Director of an
Intelligence Community Counterintelligence Office at a
designated Federal department or agency shall carry out
the following responsibilities:
(i) Serving as the head of the Intelligence
Community Counterintelligence Office of the
department or agency, with supervisory
responsibility for the Office and any other
personnel assigned to the Office.
(ii) Advising the head of the department or
agency on counterintelligence and intelligence
information.
(iii) Ensuring that counterintelligence
threat information and, as appropriate,
finished intelligence on topics related to the
functions of the department or agency, are
provided to appropriate personnel of the
department or agency without delay.
(iv) Ensuring critical intelligence
relevant to the head of the department or
agency is requested and disseminated in a
timely manner.
(v) Establishing, as appropriate,
mechanisms for collaboration through which
department or agency subject matter experts,
including those without security clearances,
can share information and expertise with the
intelligence community.
(vi) Correlating and evaluating
counterintelligence threats identified within
intelligence community reporting, in
coordination with the National
Counterintelligence and Security Center, and
providing appropriate dissemination of such
intelligence to officials of the department or
agency with a need-to-know.
(vii) Advising the head of the agency or
department on methods to improve the
counterintelligence posture of the agency or
department.
(viii) Where appropriate, supporting the
agency or department leadership in engaging
with the National Security Council.
(ix) In coordination with the National
Counterintelligence and Security Center,
establishing counterintelligence partnerships
to improve the counterintelligence defense of
the department or agency.
(2) Deputy director.--Each Intelligence Community
Counterintelligence Office established within a department or
agency shall have a Deputy Director who is appointed by the
head of the department or agency, in coordination with the
Director of National Intelligence. The Deputy Director shall--
(A) be supervised and subject to performance
evaluations by the head of the department or agency, in
consultation with the Director of the National
Counterintelligence and Security Center;
(B) be a current or former employee of the
department or agency with significant experience within
such agency or department; and
(C) serve at the pleasure of the head of the
department or agency.
(3) Other employees.--
(A) Joint duty assignment.--Each Intelligence
Community Counterintelligence Office shall have such
other employees as the Director of National
Intelligence, in consultation with the head of the
department or agency, determines appropriate.
Employment at an Intelligence Community
Counterintelligence Office is an intelligence community
joint duty assignment. A permanent change of station to
an Intelligence Community Counterintelligence Office
shall be for a period of not less than 2 years.
(B) Supervision.--The Director of the Intelligence
Community Counterintelligence Office of a department or
agency shall be responsible for the supervision and
management of employees assigned to the Office of that
department or agency, including employees assigned by
program elements of the intelligence community and
other Federal departments and agencies, as appropriate.
(C) Joint duty or assigned personnel
reimbursement.--The Director of National Intelligence
shall reimburse a program element of the intelligence
community or a Federal department or agency for any
permanent change of station employee assigned to the
Office of that element, department, or agency from
amounts authorized to be appropriated for the Office of
the Director of National Intelligence.
(D) Operation under authority of director of
national intelligence.--Employees assigned to an
Intelligence Community Counterintelligence Office under
this paragraph shall operate under the authorities of
the Director of National Intelligence for the duration
of their assignment or period of employment within the
Office, except for temporary duty assignment employees.
(E) Incentive pay.--
(i) In general.--An employee who accepts
employment at an Intelligence Community
Counterintelligence Office during the 120-day
period after the date of the establishment of
the Office shall receive an incentive payment,
which shall be payable by the Director of
National Intelligence, in an amount equal to 10
percent of the base annual pay of the employee.
Such an employee who completes 2 years of
service in such Office may receive an incentive
payment in an amount equal to 10 percent of the
base annual pay of the employee if the Director
of the Office determines the performance of the
employee is exceptional.
(ii) Additional incentive payments for
other employment.--An employee who receives an
incentive payment or payments under clause (i)
for accepting employment in an Intelligence
Community Counterintelligence Office may
receive an additional incentive payment or
payments if the employee accepts employment at
a different Intelligence Community
Counterintelligence Office. Such payments shall
be made under the same terms and conditions as
payments under clause (i), except that the
amount of each incentive payment shall be 5
percent of the base annual pay of the employee.
(iii) Eligibility.--An employee is only
eligible for an incentive payment under clause
(i) or (ii) if the employee enters into an
agreement with the Director of National
Intelligence to serve in the Intelligence
Community Counterintelligence Office for a
period of at least 2 years.
(c) Funding.--Amounts authorized to be appropriated for the
National Intelligence Program of the Office of the Director of National
Intelligence may be made available for--
(1) the renovation, furnishing, and equipping of a Federal
building, as necessary, to meet the security and operational
requirements of an Intelligence Community Counterintelligence
Office;
(2) the provision of connectivity to the Intelligence
Community Counterintelligence Office of a Federal department or
agency that is located within the building of that department
or agency to enable briefings, secure audio and video
communications, and collaboration between employees of the
department or agency and the intelligence community at the
unclassified, secret, and top secret levels;
(3) the provision of other information technology systems
and devices, such as computers, printers, and phones, for use
by employees of an Intelligence Community Counterintelligence
Office;
(4) the assignment of employees of the intelligence
community to support the operation of an Intelligence Community
Counterintelligence Office; and
(5) the provision of other personal services necessary for
the operation of an Intelligence Community Counterintelligence
Office.
(d) Deadline for Establishment of Office in Department of
Agriculture.--
(1) Establishment.--Not later than January 1, 2025, the
Director of National Intelligence shall seek to establish, in
accordance with this section, an Intelligence Community
Counterintelligence Office within the Department of
Agriculture.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the plan to establish the Office required under
paragraph (1). Such report shall include the costs and schedule
associated with establishing such Office.
(e) Designated Federal Department or Agency.--In this section, the
term ``designated Federal department or agency'' means the Department
of Agriculture.
SEC. 418. TERMINATION OF CLIMATE SECURITY ADVISORY COUNCIL.
(a) Termination.--The Climate Security Advisory Council established
under section 120 of the National Security Act of 1947 (50 U.S.C. 3060)
shall terminate on the date that is 180 days after the date of the
enactment of this Act.
(b) Wind-down Period.--During the 180-day period beginning on the
date of the enactment of this Act and ending on the date of the
termination of the Climate Security Advisory Council under subsection
(a)--
(1) the Director of National Intelligence shall take such
steps as may be necessary to complete the termination by such
date, including with respect to the discharge of any final
duties; and
(2) the Climate Security Advisory Council may not carry out
operations other than those related to such steps for
termination.
(c) Conforming Repeal.--
(1) Repeal.--Section 120 of the National Security Act of
1947 (50 U.S.C. 3060) is repealed (and conforming the table of
contents accordingly).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 419. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL BUREAU OF
INVESTIGATION PENDING SUBMISSION OF INFORMATION REGARDING
CERTAIN MEDIA ENGAGEMENTS.
(a) Findings.--Congress finds that the Director of the Federal
Bureau of Investigation has previously agreed to provide the
information specified in subsection (b).
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available under the National Intelligence Program
for fiscal year 2024 for the Federal Bureau of Investigation, not more
than 98 percent may be obligated or expended until the Director of the
Federal Bureau of Investigation submits to the congressional
intelligence committees a list of media backgrounders conducted by
personnel of the Federal Bureau of Investigation relating to the 2020
election for President or foreign malign influence in the lead up to
such election, the dates of such engagements, and the persons with whom
such engagements were held.
(c) National Intelligence Program Defined.--In this section, the
term ``National Intelligence Program'' has the meaning given that term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 420. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL BUREAU OF
INVESTIGATION PENDING SUBMISSION OF CERTAIN MEMORANDUM
RELATING TO BUDGET.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available under the National Intelligence Program
for fiscal year 2024 for the Federal Bureau of Investigation, not more
than 99.9 percent may be obligated or expended until the Director of
the Federal Bureau of Investigation, in coordination with the Director
of National Intelligence, submits to the congressional intelligence
committees the memorandum of agreement that governs the policy of the
Federal Bureau of Investigation on budget execution.
(b) National Intelligence Program Defined.--In this section, the
term ``National Intelligence Program'' has the meaning given that term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 421. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE PENDING SUBMISSION OF
CERTAIN DOCUMENTS AND ANNEXES.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024 for the Office of the Director of
National Intelligence, not more than 97 percent may be obligated or
expended until the date on which the Director of National Intelligence
submits each document and, if applicable, each annex that is required
under section 515 of the National Security Act of 1947 (50 U.S.C. 3114)
but that, as of the date of the enactment of this Act, has not been
submitted.
Subtitle B--Reports and Other Matters
SEC. 431. INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC IN CERTAIN
BUDGET JUSTIFICATION MATERIALS.
(a) Inclusion of Counternarcotics as Special Topic.--For the
purposes of the congressional budget justification book for the
National Intelligence Program (as such term is defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) for each of fiscal
years 2025 through 2027, and for any subsequent fiscal year as the
Director of National Intelligence determines appropriate, information
with respect to the aggregate amount of funding requested for
counternarcotics required to be included as part of the budget
justification materials submitted to Congress under section 506(a)(3)
of such Act shall be included as a provision relating to a special
topic in such congressional budget justification book.
(b) Contents.--With respect to a fiscal year, the special topic
provision included in the congressional budget justification book
pursuant to subsection (a) regarding the aggregate amount of funding
requested for counternarcotics shall include--
(1) a summary of the main activities and investments that
such requested funding would support;
(2) a breakdown of such requested funding by program,
budget category, intelligence discipline, and any other
appropriate classification;
(3) a comparison of aggregate requested funding and
aggregate enacted funding for counternarcotics for the current
fiscal year and the previous fiscal year;
(4) the number of full-time equivalent civilian and
military personnel assigned to the counternarcotics mission of
the intelligence community; and
(5) such other information as the Director of National
Intelligence determines appropriate.
SEC. 432. DEVELOPMENT OF PLAN TO MAKE OPEN-SOURCE INTELLIGENCE PRODUCTS
AVAILABLE TO CERTAIN FEDERAL EMPLOYEES.
(a) Plan Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence, in
consultation with such heads of the elements of the intelligence
community as the Director considers appropriate, shall develop and
submit to the congressional intelligence committees a plan to make
available to covered individuals any covered open-source intelligence
product.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) Policies and procedures to make available to covered
individuals any covered open-source intelligence product in a
manner consistent with the protection of intelligence sources
and methods.
(2) Policies and procedures to increase the availability
and accessibility to covered individuals of publicly available
foreign language material that is translated by or within the
intelligence community.
(3) Policies and procedures to ensure that the head of each
element of the intelligence community that produces any covered
open-source intelligence product complies with all policies and
procedures issued to implement the plan submitted under
subsection (a).
(4) Policies and procedures to ensure that any covered
open-source intelligence product that is made available to
covered individuals satisfies the requirements under any
policy, procedure, or standard issued by the head of an element
of the intelligence community relating to the production and
dissemination of intelligence products.
(5) Any obstacles to making available to covered
individuals unclassified products derived from open-source
intelligence produced by the intelligence community, including
translated foreign language material described in paragraph
(2).
(6) With respect to implementation of the plan, a
discussion of the estimated timeline, any additional funding or
other resources, and any new authorities that would be required
for such implementation.
(7) A discussion of the feasibility and advisability of
making unclassified products derived from open-source
intelligence produced by the intelligence community available
to State and local government officials who would derive value
from such unclassified products.
(c) Form.--The plan required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Intelligence Community Directive With Respect to Open-source
Intelligence.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence shall update
Intelligence Community Directive 208, Maximizing the Utility of
Analytic Products (or any successor directive) to specifically
address--
(1) the production and dissemination of unclassified
intelligence products derived entirely from open-source
intelligence, including from unclassified publicly available
information, unclassified commercially available information,
or any other type of unclassified information; and
(2) the needs and requirements of covered individuals who
do not hold a security clearance or have access to the
classified systems on which such unclassified intelligence
products reside.
(e) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means an employee of the Federal Government--
(A) who is not an employee or contractor of an
element of the intelligence community; and
(B) who would derive value from a covered open-
source intelligence product.
(2) Covered open-source intelligence product.--The term
``covered open-source intelligence product'' means an
unclassified product derived from open-source intelligence that
is produced by the intelligence community.
SEC. 433. INTELLIGENCE COMMUNITY-WIDE POLICY ON PREPUBLICATION REVIEW.
Not later than 30 days after the date of the enactment of this Act,
the Director of National Intelligence shall issue, and submit to the
congressional intelligence committees, an intelligence community-wide
policy regarding prepublication review.
SEC. 434. REVIEW RELATING TO CONFIDENTIAL HUMAN SOURCE PROGRAM OF
FEDERAL BUREAU OF INVESTIGATION.
(a) Review by Inspector General of Intelligence Community.--
(1) Review.--The Inspector General of the Intelligence
Community, in coordination with the Inspector General of the
Department of Justice, shall conduct a review of the policies
and procedures governing the confidential human source program
of the Federal Bureau of Investigation (in this section
referred to as the ``program)'' and the compliance by the
Federal Bureau of Investigation with such policies and
procedures, including--
(A) the policy of the Department of Justice titled
``The Attorney General's Guidelines Regarding the Use
of FBI Confidential Sources'' (or successor policy);
and
(B) Intelligence Community Directive 304 (or
successor directive).
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) An assessment of the compliance by the Federal
Bureau of Investigation with the policies and
procedures governing the program, including with
respect to the management and validation of
confidential human sources under such program.
(B) An assessment of the means by which the Federal
Bureau of Investigation conducts risk assessments
relating to the continual validation of long-term
confidential human sources under the program.
(C) An assessment of the timeliness and completion
rates of the reviews of confidential human sources
under the program.
(D) An identification of the data points assessed
by the Federal Bureau of Investigation during such
reviews and the State and local databases used in
conducting such reviews.
(E) A list containing an identification of each
incident of noncompliance with a policy or procedure
specified in subparagraph (A).
(3) Submission.--Not later than 90 days after the date on
which the review under paragraph (1) is completed, the
Inspector General of the Intelligence Community shall submit to
the congressional intelligence committees a report containing
the results of such review.
(b) Requirement.--Beginning not later than 180 days after the date
of the enactment of this Act, with respect to any confidential human
source the management of which is funded through the National
Intelligence Program--
(1) if an agent of the Federal Bureau of Investigation has
reasonable grounds to believe that such a confidential human
source, or any immediate family member of such a source, has
engaged in unauthorized criminal activity, including any
misdemeanor or felony crime, the agent shall promptly notify a
confidential human source coordinator or the assigned Federal
prosecutor; and
(2) the file of each such confidential human source shall
be reviewed on at least a quarterly basis and in a manner
otherwise consistent with the guidelines of the Attorney
General and other policies of the Federal Bureau of
Investigation.
(c) Definitions.--In this section:
(1) Immediate family member.--The term ``immediate family
member'' means, with respect to an individual, a spouse,
domestic partner, parent, sibling, child, stepparent,
stepsibling, or stepchild of the individual.
(2) National intelligence program.--The term ``National
Intelligence Program'' has the meaning given such term in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
SEC. 435. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY ASSESSMENT OF
OVERT HUMAN INTELLIGENCE COLLECTION PROGRAM OF DEPARTMENT
OF HOMELAND SECURITY.
(a) Assessment.--
(1) Requirement.--The Inspector General of the Intelligence
Community shall conduct an assessment of the Overt Human
Intelligence Collection Program administered by the Under
Secretary of Homeland Security for Intelligence and Analysis.
(2) Elements.--The assessment under paragraph (1) shall
include findings and, as appropriate, recommendations on the
following:
(A) Whether the Overt Human Intelligence Collection
Program is authorized or otherwise supported by legal
authorities.
(B) Whether, and to what extent, such Program has
provided valuable insights on national intelligence
priorities and intelligence priorities of the
Department of Homeland Security.
(C) Whether there is sufficient training provided
to, and sufficient oversight provided of, officers and
employees of the Office of Intelligence and Analysis of
the Department of Homeland Security who conduct
interviews or other engagements for intelligence
collection purposes under such Program.
(D) Whether the responsibilities, procedures, and
requirements for such Program set forth in Policy
Instruction 907 of the Office of Intelligence and
Analysis, issued on June 29, 2016, (or any successor
instruction) are clear, complete, and consistently
complied with by such officers and employees.
(E) Whether such Program raises, or, with respect
to activities conducted under such Program prior to the
date of such assessment, has raised, legal, ethical, or
operational concerns, including concerns relating to
the actual or potential violation of any applicable
policies or procedures for protecting the
constitutional or statutory rights of United States
persons.
(F) Any other matter the Inspector General of the
Intelligence Community determines appropriate.
(3) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community shall provide to the appropriate
congressional committees a briefing on the preliminary findings
and recommendations of the Inspector General with respect to
the assessment under paragraph (1).
(4) Report.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the appropriate
congressional committees a report containing the findings and
recommendations of the Inspector General with respect to the
assessment under paragraph (1).
(b) Prohibition on Availability of Funds.--None of the funds
authorized to be appropriated by this Act may be made available to the
Office of Intelligence and Analysis to conduct or resume a covered
activity.
(c) Definition.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security of the House
of Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Covered activity.--The term ``covered activity'' means
an activity the conduct of which under the Overt Human
Intelligence Collection Program was paused in 2022 (as
described in the document submitted to the Permanent Select
Committee on Intelligence of the House of Representatives by
the Under Secretary of Homeland Security for Intelligence and
Analysis, titled ``Response to Questions during HPSCI Briefing
on March 7, 2023''), involving the conduct by an officer or
employee of the Office of Intelligence and Analysis of an
interview or other engagement for intelligence collection
purposes with an individual, in connection with a criminal
matter--
(A) who has been charged, arraigned, or is in the
custody of a Federal, State, or local law enforcement
agency; and
(B) whose guilt with respect to such matter has not
yet been adjudicated.
(3) Overt human intelligence collection program.--The term
``Overt Human Intelligence Collection Program'' means the
program established by the Under Secretary of Homeland Security
for Intelligence and Analysis pursuant to Policy Instruction
907 of the Office of Intelligence and Analysis, issued on June
29, 2016 (or any successor program).
(4) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 436. INTELLIGENCE ASSESSMENTS REGARDING HAITI.
(a) Intelligence Community Assessment.-- The Director of National
Intelligence, acting through the National Intelligence Council, shall
produce an intelligence community assessment regarding Haiti. Such
assessment shall include each of the following:
(1) An analysis of the security, political, and economic
situation in Haiti, and its effect on--
(A) the people of Haiti;
(B) other countries in the Caribbean region; and
(C) the United States, including Puerto Rico and
the United States Virgin Islands, as a result of
increased out-migration from Haiti to the United
States, the increased use of Haiti as a transshipment
point for illicit drugs destined for the United States,
or any other relevant factor or trend.
(2) A description of opportunities available to improve or
stabilize the security, political, and economic situation in
Haiti.
(3) An identification of specific events or actions in
Haiti that, were they to occur individually or in combination,
would serve as signposts indicating the further deterioration
or collapse of the security, political, and economic situation
in Haiti.
(b) Intelligence Assessment.--The Director of National Intelligence
shall produce an intelligence assessment based on a review of the
intelligence products pertaining to Haiti that were written by elements
of the intelligence community and provided to policymakers during the
period of time beginning on January 1, 2021, and ending on July 7,
2021. Such assessment shall include each of the following:
(1) An analysis of whether, during the time period covered
by the assessment, the intelligence community provided
policymakers with adequate indications and warning of the
assassination of Haitian President Jovenal Moise on July 7,
2021.
(2) An analysis of whether, during such time period, the
intelligence community provided policymakers with useful and
unique insights, derived from both covertly collected and open-
source intelligence, that policymakers would not otherwise have
been able to obtain from sources outside of the intelligence
community.
(3) Based on the analyses conducted under paragraphs (1)
and (2), any recommendations to improve indications and warning
or to otherwise enhance the utility for policymakers of
intelligence products that the intelligence community prepares
on Haiti, specifically, or on other countries characterized by
chronic insecurity, instability, and poverty.
(c) Submission to Congress.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Director shall concurrently
submit to the congressional intelligence committees the
intelligence community assessment produced under subsection (a)
and the intelligence assessment produced under subsection (b).
(2) Form.-- The assessments submitted under paragraph (1)
shall be submitted in classified form.
SEC. 437. INTELLIGENCE ASSESSMENT OF INFLUENCE OPERATIONS BY PEOPLE'S
REPUBLIC OF CHINA TOWARD PACIFIC ISLANDS COUNTRIES.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of State for
Intelligence and Research, in consultation with the heads of the other
elements of the intelligence community that the Assistant Secretary
determines appropriate, shall submit to the congressional intelligence
committees an assessment of influence operations by the People's
Republic of China toward Pacific Islands countries.
(b) Elements.--The intelligence assessment under subsection (a)
shall include the following:
(1) A description of recent and potential future efforts by
the People's Republic of China, using either overt or covert
means, to enhance its security, political, diplomatic, or
economic ties with Pacific Islands countries.
(2) An assessment of how the People's Republic of China
views the success of its efforts to expand influence in Pacific
Islands countries, and the importance of such efforts to its
national security, foreign policy, and economic development
objectives.
(3) An identification of Pacific Islands countries in which
the People's Republic of China has established, or is seeking
to establish, an intelligence presence or intelligence
partnerships.
(4) An assessment of the degree to which the People's
Republic of China is using economic or other forms of coercion
to pressure the Pacific Islands countries that diplomatically
recognize Taiwan (the Republic of the Marshall Islands, Palau,
Nauru, and Tuvalu) into instead recognizing the People's
Republic of China.
(5) An analysis of how specific Pacific Islands countries
are responding to efforts by the People's Republic of China to
increase bilateral engagement.
(6) An assessment of the influence of the People's Republic
of China in the Pacific Islands Forum (the main multilateral
organization of the region) and of the efforts of the People's
Republic of China to establish parallel regional organizations
and recruit Pacific Islands countries to participate.
(7) An analysis of opportunities for the United States to
counter influence operations by the People's Republic of China
in the Pacific Islands region that undermine the national
security or economic interests of the United States.
(c) Form.--The intelligence assessment under subsection (a) may be
submitted in classified form.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs and the Select
Committee on the Strategic Competition Between the
United States and the Chinese Communist Party of the
House of Representatives; and
(C) the Committee on Foreign Relations of the
Senate.
(2) Pacific islands countries.--The term ``Pacific Islands
countries'' includes the Federated States of Micronesia, Fiji,
French Polynesia, Kiribati, the Republic of the Marshall
Islands, Nauru, Palau, Solomon Islands, Tonga, Samoa, Niue,
Tuvalu, and Vanuatu.
SEC. 438. INDEPENDENT STUDY ON ECONOMIC IMPACT OF MILITARY INVASION OF
TAIWAN BY PEOPLE'S REPUBLIC OF CHINA.
(a) Requirement.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall seek
to enter into a contract with an eligible entity to conduct a
comprehensive study on the global economic impact of a military
invasion of Taiwan by the People's Republic of China or certain other
aggressive or coercive actions taken by the People's Republic of China
with respect to Taiwan.
(b) Matters Included.--The study required under subsection (a)
shall include the following:
(1) An assessment of the economic impact globally, in the
United States, and in the People's Republic of China that would
result from an invasion of Taiwan by the People's Republic of
China under various potential invasion and response scenarios,
including with respect to the impact on--
(A) supply chains;
(B) trade flows;
(C) financial markets;
(D) sovereign debt; and
(E) gross domestic product, unemployment, and other
key economic indicators.
(2) An assessment of the economic impact globally, in the
United States, and in the People's Republic of China that would
result from of an aggressive or coercive military, economic, or
other action taken by the People's Republic of China with
respect to Taiwan that falls short of an invasion, including as
a result of a blockade of Taiwan.
(3) The development of economic policy options, to include
sanctions and supply chain restrictions, designed to cause
escalating impacts on the economy of the People's Republic of
China during a preconflict phase.
(c) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the eligible entity that the
Director of National Intelligence enters into an agreement with
under subsection (a) shall submit to the Director a report
containing the results of the study conducted under such
subsection.
(2) Submission to congress.--Not later than 30 days after
the date the Director receives the report under paragraph (1),
the Director shall submit the report to the congressional
intelligence committees.
(3) Form of report.--The report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(d) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a federally funded research and development center or
nongovernmental entity which has--
(1) a primary focus on studies and analysis;
(2) experience and expertise relevant to the study required
under subsection (a); and
(3) a sufficient number of personnel with the appropriate
security clearance to conduct such study.
SEC. 439. REPORTS ON CIVILIAN CASUALTIES CAUSED BY CERTAIN OPERATIONS
OF FOREIGN GOVERNMENTS.
(a) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 2 years, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report on civilian casualties caused by
covered operations.
(b) Elements.--Each report under subsection (a) shall include, for
the year covered by the report, each of the following:
(1) A list identifying each covered operation during that
year that has resulted in civilian casualties that the Director
of National Intelligence has confirmed.
(2) An identification of the total number of civilian
casualties resulting from covered operations during that year
that the Director of National Intelligence has confirmed.
(3) For each covered operation identified in the list under
paragraph (1), an identification of the following:
(A) The date on which, and the location where, the
covered operation occurred.
(B) The element of the foreign government that
conducted the covered operation.
(C) The individual or entity against which the
covered operation was directed.
(D) Any other circumstances or facts that the
Director of National Intelligence determines relevant.
(c) Form.--Each report required under subsection (a) may be
submitted in classified form, but if so submitted shall include an
unclassified executive summary.
(d) Covered Operation Defined.--In this section, the term ``covered
operation'' means an operation--
(1) conducted by a foreign government;
(2) involving the use of force; and
(3) in which intelligence shared by an element of the
intelligence community plays a significant role.
SEC. 440. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON UYGHUR
GENOCIDE.
(a) Report on Uyghur Genocide.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the relevant heads of the
elements of the intelligence community, shall submit to the
congressional intelligence committees a report on the Uyghur
genocide.
(2) Matters.--The report under paragraph (1) shall address
the following matters:
(A) Forced sterilization, forced birth control, and
forced abortion of Uyghurs.
(B) Forced transfer of Uyghur children from their
families.
(C) Forced labor of Uyghurs, inside and outside of
Xinjiang.
(D) The work conditions of Uyghur laborers
(including laborers in the textile, automobile and
electric vehicle, solar panel, polyvinyl chloride, and
rare earth metals sectors), including an identification
of any company that is--
(i) organized under the laws of the
People's Republic of China or otherwise subject
to the jurisdiction of (or over which control
is exercised or exercisable by) the Government
of the People's Republic of China; and
(ii) employing forced Uyghur laborers from
Xinjiang.
(E) Any other forms of physical or psychological
torture against Uyghurs.
(F) Any other actions that infringe on the rights
of Uyghurs to live freely in accordance with their
customs, culture, and religious practices.
(G) The methods of surveillance of Uyghurs,
including surveillance via technology, law enforcement
notifications, and forcing Uyghurs to live with other
individuals for monitoring purposes.
(H) Such other matters as the Director of National
Intelligence may determine appropriate.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Definitions.--In this section, the terms ``congressional
intelligence committees'', ``intelligence'', ``intelligence
community'', and ``national intelligence'' have the meanings given
those terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 441. TECHNICAL CORRECTIONS.
(a) National Security Act of 1947.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.) is amended--
(1) in section 102A(n) (50 U.S.C. 3024(n)) by redesignating
the second paragraph (5) as paragraph (6);
(2) in section 503(c)(3) (50 U.S.C. 3093(c)(3)), by
striking ``section'' and inserting ``subsection'';
(3) in section 805(6) (50 U.S.C. 3164(6)), by striking
``sections 101 (a) and (b)'' and inserting ``subsections (a)
and (b) of section 101''; and
(4) in section 1102A (50 U.S.C. 3232a)--
(A) in subsection (b)(3), by striking ``subsection
(2)'' and inserting ``paragraph (1)''; and
(B) in subsection (c)(4)(C)(iv), by striking
``wavier'' and inserting ``waiver''.
(b) Intelligence Authorization Act for Fiscal Year 2023.--The
Intelligence Authorization Act for Fiscal Year 2023 (division F of
Public Law 117-263) is amended--
(1) in section 6422(b) (50 U.S.C. 3334l(b)), by striking
``Congressional'' and inserting ``congressional''; and
(2) in section 6732(b) (50 U.S.C. 3024 note; 136 Stat.
3583), by striking ``paragraph (5)'' and inserting ``paragraph
(6)''.
(c) David L. Boren National Security Education Act of 1991.--The
David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901
et seq.) is amended--
(1) in section 802(j)(6) (50 U.S.C. 1902(j)(6))--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(B) in subparagraph (B), as so redesignated, by
striking ``subparagraph (D)'' and inserting
``subparagraph (C)'';
(2) in section 803(d)(9)(D) (50 U.S.C. 1903(d)(9)(D)), by
striking ``Local'' and inserting ``local''; and
(3) in section 808(4)(A) (50 U.S.C. 1908(4)(A)), by
striking ``a agency'' and inserting ``an agency''.
(d) Central Intelligence Agency Retirement Act.--The Central
Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) is
amended--
(1) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by
striking ``subsection 241(c)'' and inserting ``section
241(c)'';
(2) in section 263(g)(1) (50 U.S.C. 2093(g)(1)), by
striking ``Fund'' and inserting ``fund'';
(3) in section 271(b) (50 U.S.C. 2111(b)), by striking
``section 231(b)'' and inserting ``section 231(c)''; and
(4) in section 304(c) (50 U.S.C. 2154(c))--
(A) in paragraph (1)(B)(i), by striking ``title
50'' and inserting ``title 5''; and
(B) in paragraph (5)(A)(ii), by striking
``sections'' and inserting ``section''.
(e) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 3001 of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)(i), by striking the
semicolon and inserting ``);''; and
(B) in paragraph (9)(A), by striking ``with
industry'' and inserting ``within industry''; and
(2) in subsection (j)(1)(C)(i), by striking ``(d),'' and
all that follows through ``section 8H'' and inserting ``(d),
and (h) of section 8H''.
(f) Intelligence Authorization Act for Fiscal Year 2003.--The
Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-
306; 116 Stat. 2383) is amended--
(1) in section 313(d)(3)(B) (50 U.S.C. 3361(d)(3)(B)), by
adding a period at the end; and
(2) in section 343(d)(1) (50 U.S.C. 3363(d)(1)), by
striking ``Not later then'' and inserting ``Not later than''.
(g) Central Intelligence Agency Act of 1949.--The Central
Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended--
(1) in section 4--
(A) in subsection (a)(1)(E) (50 U.S.C.
3505(a)(1)(E)), by striking the period at the end and
inserting ``; and''; and
(B) in subsection (b)(2) (50 U.S.C. 3505(b)(2)), by
striking ``authorized by section'' and inserting
``authorized by sections'';
(2) in section 6 (50 U.S.C. 3507), by striking ``or of the,
names'' and inserting ``or of the names'';
(3) in section 12(a)(2)(A) (50 U.S.C. 3512(a)(2)(A)), by
striking ``used only for--"'' and inserting ``used only for--
'';
(4) in section 17--
(A) in subsection (d)(5)(B)(ii) (50 U.S.C.
3517(d)(5)(B)(ii)), by adding a period at the end; and
(B) in subsection (e)(4) (50 U.S.C. 3517(e)(4)), by
striking ``which oath affirmation, or affidavit'' and
inserting ``which oath, affirmation, or affidavit'';
and
(5) in section 19(a)(2) (50 U.S.C. 3519(a)(2)), by striking
``, as a participant'' and inserting ``as a participant''.
(h) Central Intelligence Agency Voluntary Separation Pay Act.--
Section 2(a)(1) of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 3519a(a)(1)) is amended by adding ``and'' at the
end.
(i) National Security Agency Act of 1959.--Section 16(d)(1) of the
National Security Agency Act of 1959 (50 U.S.C. 3614(d)(1)) is amended
by striking ``program participant,'' and inserting ``program
participant''.
(j) Intelligence Authorization Act for Fiscal Year 1995.--Section
811(e)(7) of the Intelligence Authorization Act for Fiscal Year 1995
(50 U.S.C. 3381(e)(7)) is amended by striking ``sections 101 (a) and
(b)'' and inserting ``subsections (a) and (b) of section 101''.
(k) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
TITLE V--MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD
ARCHITECTURE
SEC. 501. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2024''.
SEC. 502. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-DOMAIN ANOMALY
RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a)
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended--
(1) in the heading, by striking ``director of national
intelligence and secretary of defense'' and inserting ``all-
domain anomaly resolution office''; and
(2) in subparagraph (A), by striking ``Director of National
Intelligence and the Secretary of Defense shall jointly'' and
inserting ``Director of the Office shall''.
SEC. 503. MILITARY INTELLIGENCE COLLECTION AND ANALYSIS PARTNERSHIPS.
(a) Use of Appropriated Funds.--The Director of the Defense
Intelligence Agency may use not more than $10,000,000 of appropriated
funds available to the Defense Intelligence Agency for each fiscal year
to pay for the expenses of partnerships with foreign countries,
regional organizations with defense, intelligence, or security
components, and security alliances of which the United States is a
member for military intelligence collection and analysis activities.
(b) Use of Funds Other Than Appropriated Funds.--Notwithstanding
any other provision of law, the Director may use funds other than
appropriated funds to pay for the expenses of partnerships with foreign
countries, regional organizations with defense or security components,
and security alliances of which the United States is a member for
military intelligence collection and analysis activities, except that--
(1) no such funds may be expended, in whole or in part, by
or for the benefit of the Defense Intelligence Agency for a
purpose for which Congress had previously denied funds;
(2) proceeds from the sale of military intelligence
collection and analysis items may be used only to purchase
replacement items similar to the items that are sold; and
(3) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit of
the United States.
(c) Logistic Support, Supplies, and Services.--Notwithstanding any
other provision of law, the Director may exercise the authority under
this section to pay for, or otherwise facilitate, the logistic support,
supplies, and services associated with partnerships with foreign
countries, regional organizations with defense or security components,
and security alliances of which the United States is a member.
(d) Coordination With Secretary of State.--The Director of the
Defense Intelligence Agency shall coordinate the military intelligence
collection and analysis activities funded pursuant to this section with
the Secretary of State.
(e) Coordination With Director of National Intelligence.--The
Director of the Defense Intelligence Agency shall coordinate the
military intelligence collection and analysis activities funded
pursuant to this section with the Director of National Intelligence.
(f) Sunset.--
(1) In general.--Subject to paragraph (2), the authority to
carry out this section shall terminate on the date that is 5
years after the date of the enactment of this Act.
(2) Exception.--A military intelligence collection and
analysis activity for which funds have been obligated under
this section before the date on which the authority to carry
out this section terminates under paragraph (1) may continue
until the completion of the activity.
(g) Military Intelligence Collection and Analysis Activity
Defined.--In this section, the term ``military intelligence collection
and analysis activity'' means--
(1) the conduct of a combined human intelligence and
counterintelligence activity;
(2) the collection, processing, exploitation, analysis, and
dissemination of all-source intelligence;
(3) the conduct of a foreign defense intelligence liaison
relationship or defense intelligence exchange program; or
(4) the research, development, acquisition, and sustainment
of an information technology system or telecommunication
capability in support of an activity described in paragraph
(1), (2), or (3).
SEC. 504. AUTHORIZATION FOR ESTABLISHMENT OF NATIONAL SPACE
INTELLIGENCE CENTER AS FIELD OPERATING AGENCY.
(a) Authority.--Notwithstanding any other provision of law
prohibiting the establishment of a field operating agency, the
Secretary of the Air Force may establish the National Space
Intelligence Center as a field operating agency of the Space Force to
analyze and produce scientific and technical intelligence on space-
based and counterspace threats from foreign adversaries.
(b) Requirement.--If the Secretary of the Air Force decides to
establish the National Space Intelligence Center as a field operating
agency, the Secretary shall consider the operational and geographical
benefits provided by co-locating the National Space Intelligence Center
with the National Air and Space Intelligence Center.
SEC. 505. DEFENSE INTELLIGENCE AGENCY ASSESSMENT OF STRATEGIC
COMPETITION IN LATIN AMERICA AND THE CARIBBEAN.
(a) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the appropriate congressional committees an intelligence
assessment on the level of intelligence and defense cooperation between
covered countries and--
(1) the People's Republic of China; and
(2) the Russian Federation.
(b) Elements.--The intelligence assessment under subsection (a)
shall include a description of any security-related cooperation or
engagement between covered countries and the People's Republic of China
or the Russian Federation in the following areas:
(1) Strategic dialogue.
(2) Training or professional military education.
(3) Defense agreements.
(4) Intelligence sharing agreements.
(5) Arms transfers.
(6) Defense equipment transfers.
(7) Military exercises.
(8) Joint operations.
(9) Permanent military presence.
(10) Space cooperation.
(11) Any other area the Director of the Defense
Intelligence Agency determines appropriate.
(c) Form.--The assessment under subsection (a) may be provided in
classified form.
(d) Format.--To the extent practicable, the Director shall present
the information contained in the assessment under subsection (a) in the
format of a chart or other graphic.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The congressional defense committees, as such
term is defined in section 101(a) of title 10, United
States Code.
(2) Covered country.--The term ``covered country'' means
Mexico and each foreign country or territory in Central or
South America or in the Caribbean.
SEC. 506. QUARTERLY BRIEFINGS RELATING TO USE OF MILITARY INTELLIGENCE
PROGRAM FUNDS.
Not less frequently than once each quarter, the Secretary of
Defense shall provide to the Permanent Select Committee on Intelligence
of the House of Representatives a briefing on--
(1) significant military operations of the Department of
Defense carried out during the immediately preceding quarter
and funded by amounts made available under the Military
Intelligence Program; and
(2) all clandestine operations in the information
environment carried out during the immediately preceding
quarter and funded or otherwise enabled by amounts made
available under the Military Intelligence Program.
TITLE VI--MATTERS RELATING TO NATIONAL SECURITY AGENCY, CYBER, AND
COMMERCIAL CLOUD ENTERPRISE
SEC. 601. CONGRESSIONAL NOTIFICATION BY NATIONAL SECURITY AGENCY OF
INTELLIGENCE COLLECTION ADJUSTMENTS.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.)
is amended by adding at the end the following new section:
``SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLECTION
ADJUSTMENTS.
``(a) Notification.--Not later than 30 days after the date on which
the Director of the National Security Agency determines the occurrence
of an intelligence collection adjustment, the Director shall submit to
the congressional intelligence committees a notification of the
intelligence collection adjustment.
``(b) Definitions.--In this section:
``(1) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
that term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
``(2) Intelligence collection adjustment.--The term
`intelligence collection adjustment' includes a change by the
United States Government to a policy on intelligence collection
or the prioritization thereof that results in a significant
loss of intelligence.''.
SEC. 602. MODIFICATIONS TO ENFORCEMENT OF CYBERSECURITY REQUIREMENTS
FOR NATIONAL SECURITY SYSTEMS.
Section 6309 of the Intelligence Authorization Act for Fiscal Year
2023 (Public Law 117-263) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Implementation Report.--Each head of an element of the
intelligence community that owns or operates a national security system
shall submit to the congressional intelligence committees not later
than 90 days after the date of the enactment of this subsection a plan
detailing the cost and schedule requirements necessary to meet all of
the cybersecurity requirements for national security systems by the end
of fiscal year 2026.''.
SEC. 603. SUPPORT BY INTELLIGENCE COMMUNITY FOR CERTAIN CROSS-
FUNCTIONAL TEAM OF DEPARTMENT OF DEFENSE.
(a) Access to Information.--Upon request by the cross-functional
team of the Department of Defense established under section 910 of the
National Defense Authorization Act of Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 111 note) (in this section referred to as the ``cross-
functional team''), and consistent with the protection of intelligence
sources and methods, the head of any element of the intelligence
community shall provide such team with access to any information
(including any intelligence reporting, analysis, or finished
intelligence product) of the element potentially relevant to the duties
of such team required under subsection (b)(1) of such section.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed as waiving the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191) or any other applicable
law regarding privacy or the protection of health information.
(c) Staffing of Cross-functional Team by Certain Elements.--
(1) Staffing.--The head of each covered element shall
detail or assign to the cross-functional team, including
through a joint duty assignment (as applicable), intelligence
or counterintelligence personnel of that covered element in
such numbers as the head, in consultation with such team,
determines necessary to support such team in fulfilling the
duties required under section 910(b)(1) of the National Defense
Authorization Act of Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 111 note).
(2) National security agency.--In carrying out paragraph
(1) with respect to the National Security Agency, the Director
of the National Security Agency shall ensure there is detailed
or assigned to the cross-functional team at least 1 individual
determined appropriate by the Director, who, while so detailed
or assigned, shall provide such team with technical expertise
of the National Security Agency relevant to the fulfilment of
the duties referred to in paragraph (1).
(d) Additional Detail Authority.--Upon request by the cross-
functional team, the head of any element of the intelligence community
may detail to such team personnel of the element to provide
intelligence, counterintelligence, or related support.
(e) Covered Element Defined.--In this section, the term ``covered
element'' means the following:
(1) The National Security Agency.
(2) The Defense Intelligence Agency.
(3) The intelligence elements of the Army, the Navy, the
Air Force, and the Marine Corps.
SEC. 604. COMMERCIAL CLOUD ENTERPRISE NOTIFICATION.
(a) Notification Requirement.--Not later than 90 days after the
date of the enactment of this Act, and on a quarterly basis thereafter,
the Director of the Central Intelligence Agency shall submit to the
congressional intelligence committees a notification relating to the
Commercial Cloud Enterprise contract entered into by the Director of
the Central Intelligence Agency in November 2020 for commercial cloud
services for the intelligence community, which shall include--
(1) the number and value of all task orders issued under
such contract, broken down by vendor, for each element of the
intelligence community;
(2) the duration of each task order;
(3) the number of sole source task orders issued compared
to the number of task orders issued on a competitive basis
under such contract; and
(4) with respect to each vendor authorized to provide
commercial cloud services under such contract, an update on the
status of the security accreditation and authority to operate
decision of each vendor.
(b) Data Sharing.--The head of each element of the intelligence
community shall share such data with the Director of the Central
Intelligence Agency as the Director determines necessary to prepare the
notification required under subsection (a).
(c) Sunset.--The requirement to submit the notification under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
SEC. 605. COMMERCIAL CLOUD ENTERPRISE SOLE SOURCE TASK ORDER
NOTIFICATION REQUIREMENT.
(a) Notification Requirement.--Not later than 90 days after the
date of the enactment of this Act, and on a semiannual basis
thereafter, the head of each element of the intelligence community
shall submit to the congressional intelligence committees a
notification with respect to any sole source task order awarded by such
head under the contract relating to the Commercial Cloud Enterprise
entered into by the Director of the Central Intelligence Agency in
November 2020 for commercial cloud services for the intelligence
community.
(b) Contents.--Each notification required under subsection (a)
shall include, with respect to the task order concerned--
(1) a description of the order;
(2) a summary of services provided under the order;
(3) the value of the order;
(4) the justification for awarding the order on a sole
source basis; and
(5) an identification of the vendor awarded the order.
(c) Sunset.--The requirement to submit the notification under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
SEC. 606. ANALYSIS OF COMMERCIAL CLOUD INITIATIVES OF INTELLIGENCE
COMMUNITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with such heads of elements of the intelligence community
as the Director considers appropriate--
(1) complete a comprehensive analysis of the commercial
cloud initiatives of the intelligence community relating to the
Commercial Cloud Enterprise contract entered into by the
Director of the Central Intelligence Agency in November 2020;
and
(2) provide to the congressional intelligence committees a
briefing on the findings of the Director with respect to the
analysis conducted pursuant to paragraph (1).
(b) Elements.--The analysis conducted under subsection (a) shall
include--
(1) the current year and 5-year projected costs for
commercial cloud utilization for each element of the
intelligence community, including costs related to data
storage, data migration, egress fees, and any other commercial
cloud services;
(2) the termination or planned termination, as the case may
be, of legacy data storage capacity of an element of the
intelligence community and the projected cost savings resulting
from such termination;
(3) efforts underway by the Office of the Director of
National Intelligence and elements of the intelligence
community to utilize multiple commercial cloud service
providers; and
(4) the operational value that elements of the intelligence
community are achieving through utilization of commercial cloud
analytic tools and services.
TITLE VII--MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY
SEC. 701. INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE AGENCY
QUARTERLY EMPLOYEE ENGAGEMENT SUMMARIES.
Section 17 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3517) is amended by adding at the end the following new
subsection:
``(i) Quarterly Employee Engagement Summaries.--(1) Not later than
30 days after the last day of each fiscal quarter, the Inspector
General shall provide to the appropriate congressional committees a
summary of the engagement of Agency employees with the Inspector
General during that quarter.
``(2) Each summary required under paragraph (1) shall include each
of the following for the quarter covered by the summary:
``(A) The total number of reports filed with the Inspector
General by Agency employees.
``(B) An identification of the nature of the allegation
made in each such report, such as--
``(i) fraud, waste, and abuse;
``(ii) harassment or other personnel issues;
``(iii) questionable intelligence activities; or
``(iv) threats to health and safety.
``(C) For each such report--
``(i) whether an investigation was initiated
because of the report;
``(ii) for any such investigation, whether the
status of the investigation is initiated, in progress,
or complete; and
``(iii) for any completed investigation, whether
the allegation made in the report was found to be
substantiated or unsubstantiated, and whether any
recommendations or criminal referrals were made as a
result.
``(D) A copy of any audit, assessment, inspection, or other
final report completed by the Inspector General during the
quarter covered by the summary.
``(3) In this subsection, the term `appropriate congressional
committees' means--
``(A) the Permanent Select Committee on Intelligence and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives; and
``(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.''.
SEC. 702. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY CENTRAL
INTELLIGENCE AGENCY FOR QUALIFYING INJURIES TO BRAIN.
Section 19A(d) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a
fiscal year may be made using any amounts--
``(i) appropriated in advance specifically
for payments under such paragraph; or
``(ii) reprogrammed in accordance with
section 504 of the National Security Act of
1947 (50 U.S.C. 3094).
``(B) Budget.--For each fiscal year, the Director
shall include with the budget justification materials
submitted to Congress in support of the budget of the
President for that fiscal year pursuant to section
1105(a) of title 31, United States Code, an estimate of
the amounts required in that fiscal year to make
payments under paragraph (2).''.
SEC. 703. BENJAMIN TALLMADGE INSTITUTE AS PRIMARY CENTRAL INTELLIGENCE
AGENCY ENTITY FOR EDUCATION AND TRAINING IN
COUNTERINTELLIGENCE.
(a) In General.--The Director of the Central Intelligence Agency
shall maintain the Benjamin Tallmadge Institute as the primary entity
within the Central Intelligence Agency for education and training
related to all aspects of counterintelligence.
(b) Responsibilities of Director.--The Director of the Central
Intelligence Agency shall--
(1) ensure the Institute is fully and properly organized
and has the resources necessary to provide counterintelligence
education and training for all career fields within the Agency,
including specialized certifications for Agency
counterintelligence personnel;
(2) develop appropriate certification courses that are
designed to educate, train, and certify Agency personnel in--
(A) counterintelligence threats, insider threats,
and other counterintelligence processes and issues;
(B) the conduct and support of counterintelligence
inquiries and investigations;
(C) relevant skills necessary for coordination with
Federal law enforcement; and
(D) any other skills as the Director determines
necessary;
(3) identify and designate specific positions for which an
individual shall be required to have a certification described
in paragraph (2) prior to filling such a position; and
(4) develop necessary infrastructure and capacity to
support National Counterintelligence and Security Center
outreach programs to increase participation by personnel from
other components of the intelligence community in the courses
offered by the Institute.
(c) Training and Familiarization Courses.--
(1) In general.--The head of the Institute shall--
(A) develop training and familiarization courses at
different classification levels, including courses at
an unclassified level; and
(B) offer instruction in the courses developed
under subparagraph (A) or make training curricula
available to other intelligence community components,
as appropriate, to support outreach efforts.
(2) Availability of courses.--The training and
familiarization courses developed under paragraph (1) shall be
made available to any of the following that have a need and
appropriate clearance, as determined by the Director of the
National Counterintelligence and Security Center, for a general
education on counterintelligence threats, briefings on specific
topics, or other training related to counterintelligence:
(A) Federal departments and agencies that are not
elements of the intelligence community.
(B) State, local, and Tribal governments, as the
Director determines appropriate.
(C) Private sector entities, as the Director
determines appropriate.
(D) Such other personnel and entities as the
Director may determine appropriate.
(d) Baseline Certification Course.--
(1) In general.--The Institute shall develop, in
coordination with the National Counterintelligence and Security
Center and the Defense Intelligence Agency, and implement a
baseline certification course for all counterintelligence
career professionals that aligns the minimum certification
requirements of the course and the Defense Counterintelligence
Agent Course of the Joint Counterintelligence Training
Activity.
(2) Availability of course.--The baseline certification
course developed under paragraph (1) shall be made available,
on a space-available basis, to all intelligence community
professionals and appropriate personnel with appropriate
security clearance from any other agency, committee,
commission, office, or other establishment in the executive,
legislative, or judicial branch of the Federal Government.
SEC. 704. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT OF
SINALOA CARTEL AND JALISCO CARTEL.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the congressional intelligence committees an intelligence
assessment on the transnational criminal organizations known as the
Sinaloa Cartel and the Jalisco Cartel.
(b) Elements.--The intelligence assessment under subsection (a)
shall include, with respect to each transnational criminal organization
specified in such subsection, a description of the following:
(1) The key leaders, organizational structure, subgroups,
presence in the states within Mexico, and cross-border illicit
drug smuggling routes (beginning in Mexico and ending in the
United States) of the transnational criminal organization.
(2) The practices used by the transnational criminal
organization to import the chemicals used to make synthetic
drugs, to produce such drugs, and to smuggle such drugs across
the border into the United States.
(3) The main suppliers based in China, and the main brokers
based in Mexico, that supply the transnational criminal
organization with precursor chemicals and equipment used in the
production of synthetic drugs.
(4) The manner in which the transnational criminal
organization is tailoring the fentanyl products of such
organization to attract a wider variety of United States
consumers, including unwitting users.
(5) The degree to which the transnational criminal
organization is using human and technical operations to
undermine counternarcotics efforts by United States and Mexican
security services.
(6) An estimate of the annual revenue received by the
transnational criminal organization from the sale of illicit
drugs, disaggregated by drug type.
(7) Any other information the Director of the Central
Intelligence Agency determines relevant.
(c) Form.--The intelligence assessment under subsection (a) may be
submitted in classified form.
SEC. 705. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT WITH
RESPECT TO EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO
INCREASE INFLUENCE IN MIDDLE EAST.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with such heads of the other elements of the
intelligence community that the Director of National Intelligence
determines appropriate, shall submit to the appropriate congressional
committees an intelligence assessment on efforts by the People's
Republic of China to increase its influence, through overt or covert
means, with respect to the political, military, economic, or other
policies or activities of governments of countries in the Middle East
in ways that are detrimental to the national security interests of the
United States.
(b) Elements.--The intelligence assessment required under
subsection (a) shall include the following:
(1) A summary of the key relationships that the People's
Republic of China has developed, or is seeking to develop, with
countries in the Middle East, and the national security
objectives that the People's Republic of China intends to
advance through such established or emerging relationships.
(2) A description of the relationship between the People's
Republic of China and Iran, including in the areas of security
cooperation and intelligence sharing.
(3) An identification of the countries in the Middle East
in which the People's Republic of China has established, or is
seeking to establish, an intelligence presence or intelligence
partnerships.
(4) An assessment of how the People's Republic of China
seeks to weaken the role, influence, and relationships of the
United States with respect to countries in the Middle East,
including through the Global Security Initiative of the
People's Republic of China.
(5) An analysis of whether, and to what degree, efforts by
the People's Republic of China to increase its influence among
countries in the Middle East are designed to support the
broader strategic interests of the People's Republic of China,
including with respect to Taiwan.
(c) Form.--The intelligence assessment required under subsection
(a) may be submitted in classified form.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Foreign Affairs of the House
of Representatives.
(C) The Committee on Foreign Relations of the
Senate.
(D) The Select Committee on the Strategic
Competition Between the United States and the Chinese
Communist Party of the House of Representatives.
(2) Countries in the middle east.--The term ``countries in
the Middle East'' means--
(A) Algeria;
(B) Bahrain;
(C) Egypt;
(D) Iran;
(E) Iraq;
(F) Israel;
(G) Jordan;
(H) Kuwait;
(I) Lebanon;
(J) Libya;
(K) Morocco;
(L) Oman;
(M) the Palestinian territories;
(N) Qatar;
(O) Saudi Arabia;
(P) Syria;
(Q) Tunisia;
(R) the United Arab Emirates; and
(S) Yemen.
SEC. 706. ASSESSMENT OF AVAILABILITY OF MENTAL HEALTH AND CHAPLAIN
SERVICES TO AGENCY EMPLOYEES.
(a) Assessment.--The Director of the Central Intelligence Agency
shall conduct an assessment on the availability of the services of
mental health professionals and chaplains with appropriate security
clearances to employees of the Agency. Such assessment shall include--
(1) an evaluation of the current availability of and demand
for such services globally;
(2) an assessment of the feasibility of expanding the
availability of such services;
(3) information, including a detailed schedule and cost
estimate, as to what would be required to increase the
availability of such services for Agency employees located in
the United States and abroad; and
(4) information on the feasibility and advisability of
requiring that each employee returning from a high risk or high
threat tour, as designated by the Director, access the services
of a mental health professional, chaplain, or both, at the
option of the employee.
(b) Report.--Not later than 210 days after the date of the
enactment of this Act, the Director shall submit to the appropriate
congressional committees a report on the assessment required by
subsection (a).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate.
(2) Chaplain.--The term ``chaplain'' means a member of the
Chaplain Corps, as established under section 26 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3527), whom the
Director has certified as meeting common standards for
professional chaplaincy and board certification by a national
chaplaincy and pastoral care organization or equivalent.
(3) Mental health professional.--The term ``mental health
professional'' means an appropriately trained and certified
professional counselor, medical professional, psychologist,
psychiatrist, or other appropriate employee, as determined by
the Director.
SEC. 707. ASSESSMENT BY DIRECTOR OF CENTRAL INTELLIGENCE AGENCY ON
CERTAIN EFFECTS OF ABRAHAM ACCORDS.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the congressional intelligence committees an assessment of
the current effects on the intelligence community of the agreements
between Israel and 4 other foreign countries, collectively known as the
Abraham Accords, and of the potential effects on the intelligence
community if the Abraham Accords were to be expanded to additional
foreign countries.
(b) Elements.--The assessment under subsection (a) shall include,
with respect to the agreements referred to in such subsection, the
following:
(1) A description of whether, and in what respects, the
agreement between Israel and Bahrain has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(2) A description of whether, and in what respects, the
agreement between Israel and Morocco has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(3) A description of whether, and in what respects, the
agreement between Israel and the United Arab Emirates has
resulted in the intelligence community obtaining new and
valuable insights regarding national intelligence priorities.
(4) A description of whether, and in what respects, the
agreement between Israel and Sudan has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(5) An assessment of whether, and in what respects,
additional agreements between Israel and other foreign
countries to normalize or otherwise enhance relations would
result in the intelligence community obtaining new and valuable
insights regarding national intelligence priorities.
(c) Form.--The assessment under subsection (a) may be submitted in
classified form.
TITLE VIII--REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT IN CENTRAL INTELLIGENCE AGENCY
SEC. 801. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT IN CENTRAL INTELLIGENCE
AGENCY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) sexual assault and sexual harassment arise from, and
are often indicative of, an environment where toxic,
provocative, and sometimes significantly inappropriate behavior
is tolerated;
(2) when supervisors and senior leaders at headquarters and
in the field are among the offenders and facilitate a work
climate in which toxic and disrespectful behavior is tolerated,
harassment and even assault will often go unaddressed and
unpunished;
(3) while establishing clear policies and procedures and
enhancing training are necessary first steps toward protecting
victims and establishing stronger internal mechanisms for
preventing and responding to future sexual assault and sexual
harassment within the Central Intelligence Agency,
comprehensive culture change driven by Agency leadership will
be necessary to accomplish impactful and enduring improvement;
and
(4) it is vital for the Central Intelligence Agency to
maintain an independent and neutral person with whom all
employees at all levels, supervisors and non-supervisors, may
speak confidentially, informally, and off-the-record about
work-related concerns or questions.
(b) Sex-related Offenses and Sexual Harassment Within the Agency.--
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is
amended by adding at the end the following new section:
``SEC. 30. SEX-RELATED OFFENSES AND SEXUAL HARASSMENT WITHIN THE
AGENCY.
``(a) Responsibilities of Director.--The Director shall carry out
the following responsibilities:
``(1) Establishing professional and uniform training for
employees assigned to working with all aspects of the response
of the Agency to allegations of sex-related offenses and sexual
harassment.
``(2) Developing and implementing policies and procedures
to protect the confidentiality of employees who report sex-
related offenses or sexual harassment and to mitigate negative
effects on the reputation or career of such an employee as a
result of such a report.
``(3) Developing and implementing documented standards
for--
``(A) appropriate mitigation and protection
measures for individuals who make allegations of a sex-
related offense or sexual harassment to be put in place
while an investigation proceeds;
``(B) appropriate employee consequences to be
imposed as a result of an inquiry or investigation into
a substantiated allegation of a sex-related offense or
sexual harassment;
``(C) appropriate career path protection for all
employees involved in an incident resulting in a
reported allegation of a sex-related offense or sexual
harassment while an investigation or review of the
allegation is pending; and
``(D) mitigation measures to protect employees and
mission execution while such allegations are being
addressed.
``(4) Articulating and enforcing norms, expectations,
practices, and policies, including with respect to employee
promotions and assignments, that are published for the
workforce and designed to promote a healthy workplace culture
that is inhospitable to sex-related offenses and sexual
harassment.
``(5) Developing and issuing workforce messaging to inform
Agency employees of policies, procedures, resources, and points
of contact to obtain information related to, or to report, sex-
related offenses or sexual harassment globally.
``(6) Developing and implementing sex-related offense and
sexual harassment training for all Agency employees that--
``(A) is designed to strengthen individual
knowledge, skills, and capacity to prevent and respond
to sex-related offenses and sexual harassment;
``(B) includes initial entry and accession
programs, annual refresher training, and specialized
leadership training; and
``(C) includes details of the definitions of sex-
related offense and sexual harassment, the distinction
between such terms, and what does or does not
constitute each.
``(7) Developing and implementing processes and procedures
applicable to personnel involved in providing the training
referred to in paragraph (6) that--
``(A) are designed to ensure seamless policy
consistency and reporting mechanisms in all training
environments; and
``(B) include requirements for in-person training
that--
``(i) covers the reporting processes for
sex-related offenses and sexual harassment that
are specific to training environments for
students and trainers; and
``(ii) shall be provided at an appropriate
time during the first 5 days of any extended or
residential training course.
``(8) Developing and implementing, in consultation with the
Victim Advocacy Specialists of the Federal Bureau of
Investigation, appropriate training requirements, policies, and
procedures applicable to all employees whose professional
responsibilities include interaction with people making reports
alleging sex-related offenses or sexual harassment.
``(9) Developing and implementing procedures under which
current and former employees of the Agency are able to obtain
documents and records, as appropriate and upon request, that
are related to a report of an allegation of a sex-related
offense or sexual harassment.
``(10) Developing and implementing procedures under which
an employee who makes a restricted or unrestricted report
containing an allegation of a sex-related offense or sexual
harassment may transfer out of the current assignment or
location of the employee, upon the request of the employee
making the report. Such procedures shall ensure that an
employee who makes a restricted report maintains the privilege
against disclosure, strict confidentiality, and with such
employee maintaining full control over all decisions related to
any further dissemination of the report.
``(11) Developing policies and procedures for the Office of
the Victim and Whistleblower Counsel and the Special Victim
Investigator, as applicable, to facilitate outside engagement
requests of employees reporting allegations of sex-related
offenses or sexual harassment.
``(12) Coordinating the response of the Agency to
allegations of sex-related offenses and sexual harassment.
``(b) Biannual Report.--Not less frequently than once every 180
days, the Director shall submit to the appropriate congressional
committees a report on the activities of the Office of Equal Employment
Opportunity and the Sexual Assault Prevention and Response Office
during the period covered by the report. The Director shall personally
review, approve, and submit each report under this subsection on a
nondelegable basis. Each such report shall include--
``(1) for the period covered by the report--
``(A) the number of new allegations of sex-related
offenses and sexual harassment reported to either such
Office, disaggregated by restricted and unrestricted
reports;
``(B) the number of employees seeking legal
assistance or services from either such Office;
``(C) the number of new or ongoing cases in which
either such Office has provided services;
``(D) a description of all training activities
related to sex-related offenses and sexual harassment
carried out Agency-wide, and the number of such
trainings conducted; and
``(2) for the period beginning on the date of the enactment
of the Intelligence Authorization Act for Fiscal Year 2024 and
ending on the last day of the period covered by the report--
``(A) the total number of allegations of sex-
related offenses and sexual harassment;
``(B) the disposition of each report of such an
allegation;
``(C) any corrective action taken in response to
each such report;
``(D) the number of such allegations that were not
substantiated; and
``(E) the number of employee reassignment and
relocation requests, including--
``(i) the number of such requests that were
granted;
``(ii) the number of such requests that
were denied; and
``(iii) for any such request that was
denied, the position of the individual who
denied the request and the reason for denial.
``(c) Applicability.--The policies developed pursuant to this
section shall apply to each of the following:
``(1) Any employee of the Agency.
``(2) Any employee of an entity that has entered into a
contract with the Agency under which the employee performs
functions at a facility associated with the Agency or functions
associated with the Agency.
``(3) Any person who alleges they were sexually assaulted
or harassed by an employee referred to in paragraph (1) or (2)
at a facility associated with the Agency or during the
performance of a function associated with the Agency.''.
(c) Victim and Whistleblower Counsel.--Such Act is further amended
by adding at the end the following new section:
``SEC. 31. VICTIM AND WHISTLEBLOWER COUNSEL.
``(a) Establishment.--The Director shall establish an Office of the
Victim and Whistleblower Counsel. The head of the Office shall be the
Victim and Whistleblower Counsel who shall report directly to the Chief
Operating Officer of the Agency. The Office shall have the authority of
an independent office within the Agency.
``(b) Responsibilities.--The Victim and Whistleblower Counsel shall
carry out the following responsibilities:
``(1) Providing legal assistance and consultation to
employees of the Agency who are victims of alleged sex-related
offenses or sexual harassment, regardless of whether the report
of that offense is restricted or unrestricted.
``(2) Acting as the primary point of contact and entry
point for Agency employees with respect to all allegations of,
or concerns regarding, sex-related offenses and sexual
harassment.
``(3) Managing the victim advocacy activities of the Agency
for employees reporting sex-related offenses or sexual
harassment.
``(4) Maintaining, and making available to Agency employees
the following:
``(A) A list of physicians and mental health care
providers (including from the private sector, as
applicable) who have experience with the physical and
mental health care needs of the Agency workforce.
``(B) A list of chaplains and religious counselors
who have experience with the needs of the Agency
workforce, including information regarding access to
the Chaplain Corps established under section 26 of this
Act.
``(C) Information regarding how to select and
retain private attorneys who have experience with the
legal needs of the Agency workforce, including detailed
information on the process for the appropriate sharing
of information with retained private attorneys.
``(5) Facilitating communications with the Inspector
General, Congress, and other outside entities.
``(c) Rule of Construction.--The inclusion of any person on a list
maintained or made available pursuant to subsection (b)(4) shall not be
construed as an endorsement of such person (or any service furnished by
such person), and the Victim and Whistleblower Counsel shall not be
liable, as a result of such inclusion, for any portion of compensable
injury, loss, or damage attributable to such person or service.
``(d) Communications.--The relationship between the Victim and
Whistleblower Counsel and a victim in the provision of legal assistance
and consultation shall be the relationship between an attorney and
client.
``(e) Purpose.--The Office of the Victim and Whistleblower Counsel
shall--
``(1) solely function as an advocate for employees and not
as an advocate for the Agency itself; and
``(2) not be a proponent of Agency policies for sex-related
offenses or sexual harassment.''.
(d) Reporting and Investigation of Allegations of Sex-related
Offenses and Sexual Harassment.--Such Act is further amended by adding
at the end the following new section:
``SEC. 32. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT.
``(a) Policies Relating to Restricted and Unrestricted Reporting of
Sex-related Offenses and Harassment.--
``(1) In general.--The Director shall develop and implement
policies, regulations, personnel training, and workforce
messaging to establish and provide information about restricted
reports and unrestricted reports of allegations of sex-related
offenses and sexual harassment within the Agency in accordance
with this subsection.
``(2) Workforce messaging.--Workforce messaging developed
under paragraph (1) shall be designed to clearly inform Agency
employees of the differences between restricted and
unrestricted reporting of allegations of sex-related offenses
and sexual harassment, and which individual or office within
the Agency is responsible for receiving each type of report.
``(b) Election.--Any person making a report containing an
allegation of a sex-related offense or sexual harassment shall elect
whether to make a restricted report or an unrestricted report. Once an
election is made to make an unrestricted report, such election may not
be changed.
``(c) Unrestricted Reports.--
``(1) Disclosure; assistance.--A person who elects to make
an unrestricted report containing an allegation of a sex-
related offense or sexual harassment may disclose the report to
any employee of the Agency. A person who elects to make an
unrestricted report containing an allegation of a sex-related
offense or sexual harassment may seek the assistance of another
employee of the Agency with taking the action required under
paragraph (2).
``(2) Action required.--A person electing to make an
unrestricted report containing an allegation of a sex-related
offense or sexual harassment shall submit the report to the
Office of the Victim and Whistleblower Counsel. In the case of
a person making an unrestricted report of sexual harassment,
the Victim and Whistleblower Counsel shall facilitate the
contact by the person with the Office of Equal Employment
Opportunity. In the case of a person making an unrestricted
report of a sex-related offense other than sexual harassment,
the Victim and Whistleblower Counsel shall facilitate the
contact of such person with the Sexual Assault Prevention and
Response Office.
``(d) Restricted Reports.--
``(1) Process for making reports.--A person who elects to
make a restricted report containing an allegation of a sex-
related offense or sexual harassment shall submit the report to
a person authorized to receive a restricted report under
paragraph (2).
``(2) Person authorized to receive a restricted report.--
The following individuals are persons authorized to receive a
restricted report:
``(A) The Chief Wellbeing Officer.
``(B) Any employee of the Office of Wellness and
Workforce Support.
``(C) Any employee of the Office of the Victim and
Whistleblower Counsel.
``(D) Any medical professional assigned to the
Center for Global Health Services, or any successor
organization employing Agency support staff.
``(E) Any employee of the Chaplain Corps of the
Agency.
``(F) The Special Victim Investigator within the
Office of Security.
``(G) Any medical professional, including a mental
health professional.
``(H) Any additional employees that the Director
determines appropriate.
``(3) Action required.--A restricted report containing an
allegation of a sex-related offense or sexual harassment--
``(A) shall be treated by the person who receives
the report in the same manner as a communication
covered by attorney-client privilege;
``(B) shall be privileged against disclosure with
strict confidentiality and with the person making the
report maintaining full control over all decisions
related to any further dissemination, except in cases
of an imminent threat of serious bodily harm;
``(C) shall not result in a referral to law
enforcement or commencement of a formal administrative
investigation, unless the victim elects to change the
report from a restricted report to an unrestricted
report;
``(D) in a case requiring an employee reassignment,
relocation, or other mitigation or protective measures,
shall result only in actions that are managed in a
manner to limit, to the extent possible, the disclosure
of any information contained in the report; and
``(E) shall be exempt from any Federal or, to the
maximum extent permitted by the Constitution, State
reporting requirements, including the requirements
under section 535(b) of title 28, United States Code,
section 17(b)(5) of this Act, and section 1.6(b) of
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities), except when
reporting is necessary to prevent or mitigate an
imminent threat of serious bodily harm.
``(e) Incident Reports When Victim or Alleged Perpetrator Is an
Agency Employee.--
``(1) Incident reporting policy.--The Director shall
establish and maintain a policy under which--
``(A) in the case of an unrestricted report of--
``(i) sexual harassment, the head of the
Office of Equal Employment Opportunity is
required to submit a written incident report
not later than 8 days after receiving a formal
complaint containing an allegation of sexual
harassment; and
``(ii) a sex-related offense other than
sexual harassment, the head of the Sexual
Assault Prevention and Response Office is
required to submit a written incident report
not later than 8 days after receipt of the
unrestricted report; and
``(B) each such incident report required under
subparagraph (A) shall be provided to--
``(i) the Chief Operating Officer of the
Agency;
``(ii) the Special Victim Investigator;
``(iii) the Office of the Victim and
Whistleblower Counsel;
``(iv) the Sexual Assault Prevention and
Response Office;
``(v) the Office of Equal Employment
Opportunity; and
``(vi) such other individuals as the
Director determines appropriate.
``(2) Purpose.--The purpose of an incident report required
under paragraph (1) is to--
``(A) record the details about actions taken or in
progress to provide the necessary care and support to
the victim of the alleged incident;
``(B) refer the allegations to the appropriate
investigatory or law enforcement agency; and
``(C) provide initial formal notification of the
alleged incident.
``(3) Elements.--Each incident report required under
paragraph (1) shall include each of the following:
``(A) The time, date, and location of the alleged
sex-related offense or sexual harassment.
``(B) An identification of the type of offense or
harassment alleged.
``(C) An identification of the assigned office and
location of the victim.
``(D) An identification of the assigned office and
location of the alleged perpetrator, including
information regarding whether the alleged perpetrator
has been temporarily transferred or removed from an
assignment or otherwise restricted, if applicable.
``(E) A description of any post-incident actions
taken in connection with the incident, including--
``(i) referral to any services available to
victims, including the date of each referral;
``(ii) notification of the incident to
appropriate investigatory organizations,
including the organizations notified and dates
of notifications; and
``(iii) issuance of any personal protection
orders or steps taken to separate the victim
and the alleged perpetrator within their place
of employment.
``(F) Such other elements as the Director
determines appropriate.
``(f) Common Perpetrator Notice Requirement.--
``(1) Unrestricted reports.--Upon receipt of an incident
report under subsection (e)(1) containing an allegation of a
sex-related offense or sexual harassment against an individual
known to be the subject of at least one allegation of a sex-
related offense or sexual harassment by another reporter, the
Special Victim Investigator shall notify each of the following
of all existing allegations against the individual:
``(A) The Director.
``(B) The Chief Operating Officer.
``(C) The head of the directorate employing the
individual.
``(D) The head of the Sexual Assault Prevention and
Response Office.
``(E) The first supervisor of the individual.
``(F) The Inspector General.
``(G) The Victim and Whistleblower Counsel.
``(2) Restricted reports.--Upon receipt of a restricted
report under subsection (d), the Victim and Whistleblower
Counsel shall notify any victim known to have filed a
restricted report against the same individual who is the
subject of the report under paragraph (1) that another
allegation has been made against the individual who is the
subject of the report under paragraph (1).
``(g) Applicability.--The policies developed pursuant to this
section shall apply to each of the following:
``(1) Any employee of the Agency.
``(2) Any employee of an entity that has entered into a
contract with the Agency under which the employee performs
functions at a facility associated with the Agency or functions
associated with the Agency.
``(3) Any person who makes an allegation of a sex-related
offense or sexual harassment against an employee referred to in
paragraph (1) or (2) at a facility associated with the Agency
or during the performance of a function associated with the
Agency.
``(h) Records.--The Director shall establish a system for tracking
and permanently maintaining all Agency records related to any
investigation into an allegation of a sex-related offense or sexual
harassment made in an unrestricted report, including any related
medical documentation.''.
(e) Special Victim Investigator.--Such Act is further amended by
adding at the end the following new section:
``SEC. 33. SPECIAL VICTIM INVESTIGATOR.
``(a) Establishment.--The Director shall establish in the Office of
Security a Special Victim Investigator, who shall be responsible for
investigating all unrestricted reports containing allegations of sex-
related offenses other than sexual harassment and supporting, as
appropriate, the Office of Equal Employment Opportunity with
investigating formal complaints containing allegations of sexual
harassment. The person appointed as the Investigator shall be an
appropriately credentialed Federal law enforcement officer and may be a
detailee from a Federal law enforcement entity.
``(b) Responsibilities.--The Investigator shall be responsible
for--
``(1) supporting the Office of Equal Employment Opportunity
with investigations into formal complaints containing
allegations of sexual harassment, as appropriate;
``(2) investigating unrestricted reports containing
allegations of sex-related offenses, including the conduct and
management of all internal Agency inquiries, investigations,
and other fact-finding activities related to specific
allegations of sex-related offenses;
``(3) testifying in a criminal prosecution in any venue,
where appropriate;
``(4) serving as the case agent for a criminal
investigation in any venue, where appropriate;
``(5) supporting engagement with law enforcement relating
to such allegations, where appropriate, including coordinating
related cases with other Federal, State, local, and Tribal law
enforcement agencies, as necessary and appropriate, pursuant to
regulations, requirements, and procedures developed in
consultation with the Federal Bureau of Investigation, for any
such inquiries, investigations, or other fact-finding
activities;
``(6) developing and implementing policies and procedures
necessary for the Investigator or any law enforcement partner
to conduct effective investigations and also protect sensitive
information;
``(7) serving as the only authorized investigative body in
the Agency for allegations of sex-related offenses, except
that, in the case of an allegation of a sex-related offense
involving an employee of the Office of Security, the
Investigator shall coordinate with appropriate criminal
investigators who are detailed to the Agency for other missions
or employed by another Federal law enforcement entity, as
necessary, to maintain the integrity of the investigation and
mitigate potential conflicts of interest;
``(8) establishing and coordinating clear policies
regarding which agency should take the lead on conducting, or
be the lead in coordinating with local law enforcement when
applicable, investigations of sexual assault and sexual
harassment overseas; and
``(9) sharing information with the Victim and Whistleblower
Counsel to facilitate the support and advocacy of such Counsel
for victims of alleged sex-related offenses or sexual
harassment.
``(c) Timeframe for Investigations.--The Investigator shall--
``(1) ensure that any investigative support for a formal
complaint containing allegations of sexual harassment shall
occur within any investigation timelines required by applicable
law;
``(2) ensure that any investigation into an allegation of a
sex-related offense contained in an unrestricted report is
completed by not later than 60 days after the date on which the
report is referred to the Investigator under section 32(e)(1);
and
``(3) if the Investigator determines that the completion of
an investigation will take longer than 60 days--
``(A) not later than 60 days after the date on
which the report is referred to the Investigator under
section 32(e)(1), submit to the Director a request for
an extension that contains a summary of the progress of
the investigation, the reasons why the completion of
the investigation requires additional time, and a plan
for the completion of the investigation; and
``(B) provide to the person who made the report and
the person against whom the allegation in the report
was made notice of the extension of the
investigation.''.
(f) Implementation and Reporting Requirements.--
(1) Deadline for implementation.--Not later than 180 days
after the date of the enactment of this Act, the Director of
the Central Intelligence Agency shall--
(A) establish the Office of the Victim and
Whistleblower Counsel, as required by section 31 of the
Central Intelligence Agency Act of 1949, as added by
subsection (c);
(B) establish and implement the policies required
under sections 30 and 32 of the Central Intelligence
Agency Act of 1949, as added by subsections (b) and
(d), respectively;
(C) consolidate the responsibilities of the
Director under such sections 30 and 32 in a single
Office, as determined by the Director; and
(D) establish the Special Victim Investigator, as
required by section 33 of the Central Intelligence
Agency Act of 1949, as added by subsection (e).
(2) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter for 2 years, the Director of the Central
Intelligence Agency shall submit to the appropriate
congressional committees a report on the implementation
of this section and the amendments made by this
section. The Director shall personally review, approve,
and submit each report under this paragraph on a
nondelegable basis.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Permanent Select Committee on Intelligence
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate.
TITLE I--MATTERS RELATING TO TECHNOLOGY AND INNOVATION
SEC. 901. INTELLIGENCE COMMUNITY INNOVATION UNIT.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by inserting after section 103K the
following new section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 103L. INTELLIGENCE COMMUNITY INNOVATION UNIT.
``(a) Establishment.--The Director of National Intelligence shall
establish within the Office of the Director of National Intelligence a
unit to be known as the `Intelligence Community Innovation Unit' (in
this section referred to as the `Unit').
``(b) Duties.--The duties of the Unit shall be as follows:
``(1) To identify and evaluate commercial emerging
technologies for potential adoption by the intelligence
community to fulfill critical mission needs.
``(2) To assist the heads of the elements of the
intelligence community in identifying commercial emerging
technologies and associated capabilities to address critical
mission needs of that element.
``(3) To provide to the heads of the elements of the
intelligence community seeking to field commercial emerging
technologies technical expertise with respect to such
technologies.
``(4) To manage the prototyping program under subsection
(e).
``(5) To facilitate the transition of potential solutions
to critical mission needs of the intelligence community from
research and prototype projects to production.
``(6) To serve as a liaison between the intelligence
community and the private sector (with a focus on small- and
medium-sized companies and other organizations that do not have
significant experience engaging with the intelligence
community) to fulfill the duties listed in paragraphs (1)
through (5), in coordination with the head of the Office of
Engagement established under section 122.
``(c) Director of Unit.--
``(1) Appointment; reporting.--The head of the Unit is the
Director of the Intelligence Community Innovation Unit, who
shall be appointed by the Director of National Intelligence and
shall report directly to the Director of National Intelligence.
``(2) Qualifications.--In selecting an individual for
appointment as the Director of the Intelligence Community
Innovation Unit, the Director of National Intelligence shall
give preference to individuals who the Director of National
Intelligence determines have--
``(A) significant relevant experience involving
commercial emerging technology within the private
sector; and
``(B) a demonstrated history of fostering the
adoption of commercial emerging technologies by the
United States Government or the private sector.
``(d) Staff.--
``(1) In general.--In addition to the Director of the
Intelligence Community Innovation Unit, the Unit shall be
composed of not more than 50 full-time equivalent positions.
``(2) Staff with certain expertise.--The Director of
National Intelligence shall ensure that there is a sufficient
number of staff of the Unit, as determined by the Director,
with expertise in--
``(A) other transaction authorities and
nontraditional and rapid acquisition pathways for
emerging technology;
``(B) engaging and evaluating small- and medium-
sized emerging technology companies;
``(C) the mission needs of the intelligence
community; and
``(D) any other skills or experiences the Director
determines necessary.
``(3) Special hiring and retention authorities.--
``(A) In general.--The Director of National
Intelligence shall take such steps as may be necessary
to incentivize the hiring and retention of staff of the
Unit.
``(B) Special pay.--In establishing the rates of
pay for the positions specified in paragraph (1), and
to the extent practicable, the Director of National
Intelligence may use the special pay authority under
section 113B.
``(4) Authority relating to detailees.--Upon request of the
Unit, each head of an element of the intelligence community may
detail to the Unit any of the personnel of that element to
assist in carrying out the duties under subsection (b) on a
reimbursable or a nonreimbursable basis.
``(e) Prototyping Program.--The Director of the Intelligence
Community Innovation Unit shall establish a program to transition
research and prototype projects to products in a production stage for
the purpose of fulfilling critical mission needs of the intelligence
community (in this subsection referred to as the `program'), including
by designating projects as Emerging Technology Transition Projects
under section 6713 of the Intelligence Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 50 U.S.C. 3024 note; 136 Stat. 3568).
``(f) Encouragement of Use by Elements.--The Director of National
Intelligence shall take such steps as may be necessary to encourage the
use of the Unit by the heads of the other elements of the intelligence
community.
``(g) Emerging Technology Defined.--In this section, the term
`emerging technology' has the meaning given that term in section 6701
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law
117-263; 50 U.S.C. 3024 note; 136 Stat. 3561).''.
(b) Clarification of Emerging Technology Definition.--Section
6701(8)(A) of the Intelligence Authorization Act for Fiscal Year 2023
(Public Law 117-263; 50 U.S.C. 3024 note; 136 Stat. 3561) is amended by
striking ``during the 10-year period beginning on January 1, 2022'' and
inserting ``during the subsequent 10-year period''.
(c) Deadline for Establishment.--Not later than 1 year after the
date of the enactment of this Act, the Director of National
Intelligence shall establish the Intelligence Community Innovation
Unit.
(d) Plan and Briefings.--
(1) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
plan for the establishment of the Intelligence Community
Innovation Unit.
(2) Briefings.--Not later than 180 days after the date of
the enactment of this Act, and on a biannual basis thereafter
for 5 years, the Director of National Intelligence shall
provide to the appropriate congressional committees a briefing
on the status of the Intelligence Community Innovation Unit,
the staffing levels of such Unit, and the progress of such Unit
in identifying and facilitating the adoption of commercial
emerging technologies capable of advancing the mission needs of
the intelligence community.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on Appropriations of the House
of Representatives and the Senate.
(2) Emerging technology.--The term ``emerging technology''
has the meaning given such term in section 103L of the National
Security Act of 1947 (as added by subsection (a)).
(3) Intelligence community innovation unit.--The term
``Intelligence Community Innovation Unit'' means the
Intelligence Community Innovation Unit established under such
section 103L.
SEC. 902. ESTABLISHMENT OF OFFICE OF ENGAGEMENT.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.), as amended by section 901, is further amended
by adding at the end the following new section (and conforming the
table of contents at the beginning of such Act accordingly):
``SEC. 122. OFFICE OF ENGAGEMENT.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence an Office of Engagement (in this section referred
to as the `Office').
``(b) Head; Staff.--
``(1) Head.--The Director of National Intelligence shall
appoint as head of the Office an individual with requisite
experience in matters relating to the duties of the Office, as
determined by the Director of National Intelligence. Such head
of the Office shall report directly to the Director of National
Intelligence.
``(2) Staff.--To assist the head of the Office in
fulfilling the duties of the Office, the head shall employ
full-time equivalent staff in such number, and with such
requisite expertise in matters relating to such duties, as may
be determined by the head.
``(c) Duties.--The duties of the Office shall be as follows:
``(1) To coordinate and facilitate across the elements of
the intelligence community efforts regarding outreach,
relationship development, and associated knowledge and
relationship management, with covered entities.
``(2) To assist in sharing best practices regarding such
efforts among the elements of the intelligence community.
``(3) To establish and implement metrics to assess the
effectiveness of such efforts.
``(d) Covered Entity Defined.--In this section, the term `covered
entity' means an entity that is not an entity of the United States
Government, including private sector companies, institutions of higher
education, trade associations, think tanks, laboratories, international
organizations, and foreign partners and allies.''.
(b) Deadline.--The Director of National Intelligence shall
establish the Office of Engagement by not later than 1 year after the
date of the enactment of this Act.
(c) Plan and Briefings.--
(1) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
plan for the establishment of the Office of Engagement.
(2) Quarterly briefings.--Not later than 1 year after the
date of the establishment of the Office of Engagement, and on a
quarterly basis for 5 years thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a briefing on the status of the Office,
including with respect to the staffing levels, activities, and
fulfilment of duties of the Office.
(d) Definitions.--In this section, the term ``Office of
Engagement'' means the Office of Engagement established under section
122 of the National Security Act of 1947, as added by subsection (a).
SEC. 903. REQUIREMENT FOR A CHIEF TECHNOLOGY OFFICER WITHIN EACH
ELEMENT OF THE INTELLIGENCE COMMUNITY.
(a) Requirement.--Not later than 180 days after the date of
enactment of this Act, the head of each element of the intelligence
community shall ensure there is within such element a senior official
designated as the chief technology officer of such element.
(b) Responsibility.--The chief technology officer of each element
of the intelligence community shall be responsible for assisting the
head of such element in the identification and adoption of technology
to advance mission needs.
SEC. 904. REQUIREMENT TO AUTHORIZE ADDITIONAL SECURITY CLEARANCES FOR
CERTAIN CONTRACTORS.
(a) Requirement.--Notwithstanding any provision of law to the
contrary, consistent with Executive Order 12968 (60 Fed. Reg. 40245;
relating to access to classified information), or any successor thereto
and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding
classified information within industry), or any successor thereto, and
subject to the limitations described in subsection (b)--
(1) any entity that enters into a covered contract or
agreement with an element of the intelligence community may
designate an additional number of covered persons who may
submit an application for a security clearance;
(2) the appropriate authorized investigative agency and
authorized adjudicative agency, as such terms are defined in
section 3001(a) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(a)), shall--
(A) upon receiving such an application--
(i) conduct an appropriate investigation of
the background of the additional covered
person; and
(ii) make a determination as to whether the
additional covered person is eligible for
access to classified information; and
(B) if the determination under subparagraph (A)(ii)
is favorable, upon any of the specified number of
covered persons required to hold a security clearance
for the performance of work under that covered contract
or agreement becoming unable to perform such work, make
a determination as to whether the additional covered
person has a demonstrated need-to-know under such an
Executive Order (without requiring an additional
investigation to be conducted under subparagraph
(A)(i)); and
(3) if the additional covered person receives a favorable
determination regarding the need-to-know under paragraph (2)(B)
and signs an approved nondisclosure agreement, the additional
covered person may perform such work in lieu of such covered
person.
(b) Limitations.--The limitations described in this subsection are
as follows:
(1) Limitation on number designated per contract.--The
additional number designated by an entity under subsection (a)
for each covered contract or agreement may not exceed the
greater of the following:
(A) 10 percent of the number of security clearances
required to be held by covered persons to perform work
under the covered contract or agreement.
(B) 1 person.
(2) Limitation on number designated per entity.--The total
additional number designated by an entity under subsection (a)
may not exceed the greater of the following:
(A) 10 percent of the sum total number of security
clearances required to be held by covered persons to
perform work under all covered contracts or agreements
of the entity.
(B) 1 person.
(c) Prohibition.--No application for a security clearance may be
submitted by a covered person of an entity or granted pursuant to
subsection (a) in excess of the limitations under subsection (b)
applicable to such entity.
(d) Costs.--
(1) Authority to charge and collect.--The head of each
element of the intelligence community may charge fees or
collect amounts to cover the exact costs associated with
granting or maintaining a security clearance an application for
which is submitted to the head pursuant to subsection (a)(1).
(2) Retention of amounts.--Notwithstanding section 3302(b)
of title 31, United States Code--
(A) the head of each element of the intelligence
community may retain amounts received under paragraph
(1); and
(B) any amount so retained shall be deposited into
an account to be determined by such head and shall be
made available without subsequent appropriation until
expended for the purpose of granting or maintaining the
respective security clearance for which such amount was
received.
(3) Prohibition on bearing costs.--No head of an element of
the intelligence community may bear any cost associated with
granting or maintaining a security clearance the application
for which is submitted pursuant to subsection (a)(1).
(e) Applicability.--The requirement under subsection (a) shall
apply with respect to contracts and other agreements entered into on or
after the date of the enactment of this Act.
(f) Rule of Construction.--Nothing in this section may be construed
as requiring the head of an element of the intelligence community to
grant any covered person access to classified information if a
favorable determination of eligibility to access such classified
information is not made with respect to such person.
(g) Definitions.--In this section:
(1) Covered contract or agreement.--The term ``covered
contract or agreement'', with respect to an entity, means a
contract or other agreement between that entity and an element
of the intelligence community the performance of which requires
a specified number of covered persons to hold a security
clearance.
(2) Covered person.--In this section, the term ``covered
person'', with respect to an entity, means a contractor or
employee of that entity.
SEC. 905. INTELLIGENCE INNOVATION BOARD.
(a) Establishment of Intelligence Innovation Board.--There is
established a board to be known as the Intelligence Innovation Board
(in this section referred to as the ``Board'').
(b) Purpose.--The purpose of the Board is to provide to the
Director of National Intelligence, the heads of the other elements of
the intelligence community, and the congressional intelligence
committees advice and recommendations on changes to the culture,
organizational structures, processes, and functions of the intelligence
community necessary to address the adoption of emerging technologies by
the intelligence community and to accelerate such adoption.
(c) Membership.--
(1) Appointment of members.--The Board shall be composed of
9 members appointed by the Director of National Intelligence,
after consultation with the Chair and Ranking Member of the
Permanent Select Committee on Intelligence of the House of
Representatives and the Chair and Vice Chair of the Select
Committee on Intelligence of the Senate, from among citizens of
the United States--
(A) who are not officers or employees of an element
of the intelligence community;
(B) who are eligible to hold an appropriate
security clearance;
(C) who have demonstrated academic, government,
business, or other expertise relevant to the mission
and functions of the intelligence community; and
(D) who the Director of National Intelligence
determines--
(i) meet at least 1 of the qualifications
described in paragraph (2); and
(ii) do not present a conflict of interest.
(2) Qualifications.--The qualifications described in this
paragraph are the following:
(A) A proven track record of sound judgment in
leading or governing a large and complex private sector
corporation or organization.
(B) A proven track record as a distinguished
academic or researcher at an accredited institution of
higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
(C) Demonstrated experience in identifying emerging
technologies and facilitating the adoption of such
technologies into the operations of large organizations
in either the public or private sector.
(D) Demonstrated experience in developing new
technology.
(3) Chair.--The Board shall have a Chair, who shall be
appointed by the Director of National Intelligence from among
the members of the Board, after consultation with the Chair and
Ranking Member of the Permanent Select Committee on
Intelligence of the House of Representatives and the Chair and
Vice Chair of the Select Committee on Intelligence of the
Senate.
(4) Notifications.--Not later than 30 days after the date
on which the Director of National Intelligence appoints a
member to the Board under paragraph (1), or appoints a member
of the Board as Chair under paragraph (3), the Director shall
notify the congressional intelligence committees of such
appointment in writing.
(5) Terms.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Board shall be appointed for a
term of 2 years.
(B) Vacancies.--A member of the Board appointed to
fill a vacancy occurring before the expiration of the
term for which the predecessor of the member was
appointed shall be appointed only for the remainder of
that term. A vacancy in the Board shall not affect the
powers of the Board and shall be filled in the manner
in which the original appointment was made.
(C) Reappointment.--A member of the Board may only
be reappointed for 1 additional 2-year term.
(6) Prohibition on compensation.--Except as provided in
paragraph (7), members of the Board shall serve without pay.
(7) Travel expenses.--Each member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(8) Meetings.--The Board shall meet as necessary to carry
out its purpose and duties under this section, but shall meet
in person not less frequently than on a quarterly basis. A
majority of the members of the Board shall constitute a quorum.
(d) Staff.--
(1) Composition.--The Board shall be composed of full-time
staff with requisite experience to assist the Board in carrying
out its purpose and duties under this section in such number as
the Director of National Intelligence determines appropriate.
Such staff may be appointed by the Director of National
Intelligence or detailed or otherwise assigned from another
element of the intelligence community.
(2) Security clearances.--Staff of the Board, shall, as a
condition of appointment, detail, or assignment to the Board,
as the case may be, hold appropriate security clearances for
access to the classified records and materials to be reviewed
by the staff, and shall follow the guidance and practices on
security under applicable Executive orders and Presidential or
agency directives.
(e) Contract Authority.--The Board may contract with and compensate
government and private agencies or persons to enable the Board to carry
out its purpose and duties under this section, without regard to
section 6101 of title 41, United States Code.
(f) Reports.--
(1) Submission.--Beginning on the date that is 2 years
after the date on which the Board is established, and once
every 2 years thereafter until the date on which the Board
terminates under subsection (i), the Board shall submit to the
Director of National Intelligence and the congressional
intelligence committees a report on the activities of the
Board, which shall include, with respect to the period covered
by the report, the following:
(A) An assessment of the efforts of the
intelligence community taken during such period to
accelerate the adoption of emerging technologies by the
intelligence community, including such efforts taken
with respect to the culture, organizational structures,
processes, or functions of the intelligence community.
(B) Recommendations on how the intelligence
community may make further progress to accelerate such
adoption, including recommendations on changes to the
culture, organizational structures, processes, and
functions of the intelligence community necessary for
such accelerated adoption.
(C) Any other matters the Board or the Director of
National Intelligence determines appropriate.
(2) Form.--Each report under paragraph (1) may be submitted
in classified form, but if so submitted shall include an
unclassified executive summary.
(g) Nonapplicability of Certain Requirements.--Chapter 10 of title
5, United States Code, (commonly known as the ``Federal Advisory
Committee Act'') shall not apply to the Board.
(h) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Board shall terminate on September 30, 2028.
(2) Renewal.--The Director of National Intelligence may
renew the Board for an additional 4-year period following the
date of termination specified in paragraph (1) if the Director
notifies the congressional intelligence committees of such
renewal.
(i) Charter.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a charter for the Board, consistent with this section.
SEC. 906. PROGRAMS FOR NEXT-GENERATION MICROELECTRONICS IN SUPPORT OF
ARTIFICIAL INTELLIGENCE.
(a) Program Establishment.--The Director of National Intelligence,
acting through the Director of the Intelligence Advanced Research
Projects Activity, shall establish or otherwise oversee a program to
advance microelectronics research.
(b) Research Focus.--The Director of National Intelligence shall
ensure that the research carried out under the program established
under subsection (a) is focused on the following:
(1) Advanced engineering and applied research into next-
generation computing models, materials, devices, architectures,
and algorithms to enable the advancement of artificial
intelligence and machine learning.
(2) Efforts to--
(A) overcome challenges with engineering and
applied research of microelectronics, including with
respect to the physical limits on transistors,
electrical interconnects, and memory elements;
(B) promote long-term advancements in computing
technologies, including by fostering a unified and
multidisciplinary approach encompassing research and
development into--
(i) next-generation algorithm design;
(ii) next-generation compute capability;
(iii) generative and adaptive artificial
intelligence for design applications;
(iv) photonics-based microprocessors,
including electrophotonics;
(v) the chemistry and physics of new
materials;
(vi) optical communication networks,
including electrophotonics; and
(vii) safety and controls for generative
artificial intelligence applications for the
intelligence community.
(3) Any other activity the Director determines would
promote the development of microelectronics research for future
technologies, including optical communications or quantum
technologies.
(c) Collaboration and Partnerships.--In carrying out the program
established under subsection (a), the Director of National Intelligence
shall actively collaborate with relevant Government agencies, academic
institutions, and private industry to leverage expertise and resources
in conducting research.
(d) Authorization of Appropriations.--Amounts authorized to be
appropriated for the National Intelligence Program of the Office of the
Director of National Intelligence may be made available to award
contracts and grants, and to enter into transactions other than
contracts, to carry out the program established under subsection (a).
(e) Reporting Requirements.--The Director of the Intelligence
Advanced Research Projects Activity shall provide to the congressional
intelligence committees regular briefings on--
(1) the progress, achievements, and outcomes of the program
established under subsection (a);
(2) the partnerships and collaborations conducted pursuant
to subsection (c); and
(3) recommendations for future research priorities.
SEC. 907. PROGRAM FOR BEYOND 5G.
(a) Establishment.--The Director of National Intelligence, acting
through the Director of the Intelligence Advanced Research Projects
Activity, may initiate or otherwise carry out a program dedicated to
research and development efforts relevant to 6G technology and any
successor technologies.
(b) Consultation.--In carrying out any program under subsection
(a), the Director shall consult with--
(1) relevant--
(A) heads of Federal departments and agencies;
(B) private sector entities;
(C) institutions of higher learning; and
(D) federally funded research and development
centers; and
(2) such other individuals and entities as the Director
determines appropriate.
(c) 6G Technology Defined.--In this section, the term ``6G
technology'' means hardware, software, or other technologies relating
to sixth-generation wireless networks.
SEC. 908. INTELLIGENCE COMMUNITY COMMERCIAL REMOTE SENSING
REQUIREMENTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States benefits from a robust commercial
remote sensing industry that supports a science, technology,
engineering, and mathematics academic pipeline, enables skilled
manufacturing jobs, and fosters technological innovation;
(2) commercial remote sensing capabilities complement and
augment dedicated Government remote sensing capabilities, both
when integrated into Government architectures and leveraged as
stand-alone services;
(3) the Director of National Intelligence and Under
Secretary of Defense for Intelligence and Security should serve
as the United States Government leads for commercial remote
sensing procurement and seek to accommodate commercial remote
sensing needs of the intelligence community, the Department of
Defense, and Federal civil organizations under the preview of
the cognizant functional managers; and
(4) a transparent, sustained investment by the United
States Government in commercial remote sensing capabilities--
(A) is required to strengthen the United States
commercial remote sensing commercial industry; and
(B) should include electro-optical, synthetic
aperture radar, hyperspectral, and radio frequency
detection and other innovative phenemonology that may
have national security applications.
(b) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence and
the Under Secretary of Defense for Intelligence and Security shall
jointly develop guidance requiring the Commercial Strategy Board or, if
that is not feasible, such other entities within the intelligence
community and the Department of Defense that the Director and the Under
Secretary determine appropriate, to perform, on a recurring basis, the
following functions related to commercial remote sensing:
(1) Validation of the current and long-term commercial
remote sensing capability needs, as determined by the relevant
functional managers, of the Department of Defense, the
intelligence community, and Federal civil users under the
preview of the cognizant functional managers.
(2) Development of commercial remote sensing requirements
documents that are unclassified and releasable to United States
commercial industry.
(3) Development of a cost estimate that is unclassified and
releasable to United States commercial industry, covering at
least 5 years, associated with fulfilling the requirements
contained in the commercial remote sensing requirements
documents referred developed under paragraph (2).
(c) Funding Levels.--In the case of any fiscal year for which a
cost estimate is developed under subsection (b)(3) and for which the
budget of the President (as submitted to Congress pursuant to section
1105 of title 31, United States Code) requests a level of funding for
the procurement of commercial remote sensing requirements that is less
than the amount identified in the cost estimate, the President shall
include with the budget an explanation for the difference.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence and the Under Secretary of Defense for
Intelligence and Security shall jointly submit to the
appropriate congressional committees a report on the
implementation of subsection (b).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the congressional defense committees;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(D) the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
SEC. 909. REQUIREMENT TO ENSURE INTELLIGENCE COMMUNITY DIRECTIVES
APPROPRIATELY ACCOUNT FOR ARTIFICIAL INTELLIGENCE AND
MACHINE LEARNING TOOLS IN INTELLIGENCE PRODUCTS.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide to the congressional intelligence committees a briefing on
whether intelligence community directives in effect as of the date such
briefing is provided furnish intelligence community analysts with
sufficient guidance and direction with respect to the use of artificial
intelligence and machine learning tools in intelligence products
produced by the intelligence community.
(b) Elements.--The briefing required under subsection (a) shall
include--
(1) a determination by the Director as to--
(A) whether Intelligence Community Directive 203,
Analytic Standards, Intelligence Community Directive
206, Sourcing Requirements for Disseminated Analytic
Products, and any other intelligence community
directive related to the production and dissemination
of intelligence products by the intelligence community
in effect as of the date the briefing under subsection
(a) is provided furnish intelligence community analysts
with sufficient guidance and direction on how to
properly use, provide sourcing information about, and
otherwise provide transparency to customers regarding
the use of artificial intelligence and machine learning
tools in intelligence products produced by the
intelligence community; and
(B) whether any intelligence community directive
described in subparagraph (A) requires an update to
provide such guidance and direction; and
(2) with respect to the determination under paragraph (1)--
(A) in the case the Director makes a determination
that no update to an intelligence community directive
described in such paragraph is required, an explanation
regarding why such intelligence community directives
currently provide sufficient guidance and direction to
intelligence community analysts; and
(B) in the case the Director makes a determination
that an update to an intelligence community directive
described in such paragraph is required, a plan and
proposed timeline to update any such intelligence
community directive.
Union Calendar No. 129
118th CONGRESS
1st Session
H. R. 3932
[Report No. 118-162]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2024 for intelligence and
intelligence related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
August 18, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed