[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8512 Reported in House (RH)]
<DOC>
Union Calendar No. 558
118th CONGRESS
2d Session
H. R. 8512
[Report No. 118-662]
To authorize appropriations for fiscal year 2025 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
May 22, 2024
Mr. Turner introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
September 11, 2024
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 May 22,
2024]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2025 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 2025''.
(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 MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Statute of limitation for espionage offenses.
Sec. 304. Secure communication between Congress and intelligence
community.
Sec. 305. Commission to examine the national security and defense risks
to the United States posed by anomalous
health incidents.
TITLE IV--MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE
Subtitle A--Miscellaneous Authorities and Limitations
Sec. 401. Congressional notifications and summaries of misconduct
regarding employees within the intelligence
community.
Sec. 402. Improvements to urgent concerns submitted to Inspectors
General of the Intelligence Community.
Sec. 403. Protection for individuals making authorized disclosures to
Inspectors General of elements of the
intelligence community.
Sec. 404. Clarification of authority of certain Inspectors General to
receive protected disclosures.
Sec. 405. Codification of the National Intelligence Management Council.
Sec. 406. Analyses and impact statements regarding proposed investment
into the United States.
Sec. 407. Responsibilities and authorities of the Director of National
Intelligence.
Sec. 408. Enabling intelligence community integration.
Sec. 409. Protection of intelligence sources and methods.
Sec. 410. Department of Homeland Security intelligence support for
State Governors.
Sec. 411. Authorization relating to certain intelligence and
counterintelligence activities of Coast
Guard.
Sec. 412. Requirements with respect to access of foreign nationals to
Department of Energy National Laboratories.
Sec. 413. Formalized counterintelligence training for Department of
Energy personnel.
Sec. 414. Federal Bureau of Investigation proactive cyber support.
Sec. 415. Requirements relating to confidential human source program of
Federal Bureau of Investigation.
Sec. 416. Congressional notice of FBI counterintelligence
investigations into individuals who hold or
are candidates for Federal elected office.
Sec. 417. Intelligence Community Counterintelligence Office at the
Department of Transportation.
Sec. 418. Ukraine lessons learned Working Group.
Sec. 419. Modification to waiver for post-service employment
restrictions.
Sec. 420. Prohibition of funds for Intelligence Experts Group.
Sec. 421. Prohibition on availability of funds for certain activities
of the Overt Human Intelligence and Open
Source Intelligence Collection Programs of
the Office of Intelligence and Analysis of
the Department of Homeland Security.
Sec. 422. Limitation on availability of funds for the Office of the
Director of National Intelligence pending
submission of information regarding
improvements relating to intelligence
community staffing, details, and
assignments.
Subtitle B--Reports and Other Matters
Sec. 431. Foreign malign influence interagency guidance.
Sec. 432. Foreign malign influence standard operating procedures.
Sec. 433. Intelligence support for certain executive branch departments
and agencies.
Sec. 434. Intelligence community recruitment for certain security-
cleared separating Military Members.
Sec. 435. Strategy to strengthen intelligence community recruitment
efforts in the United States territories.
Sec. 436. Extension of requirement for annual report on strikes
undertaken by the United States against
terrorist targets outside areas of active
hostilities.
Sec. 437. Advisability and feasibility study on updating intelligence
sharing regulations.
Sec. 438. Budget transparency for open-source intelligence activities.
Sec. 439. Enhancing public-private sharing on manipulative adversary
practices in critical mineral projects.
Sec. 440. Briefing on policies and procedures for addressing threats
from known or suspected terrorists.
Sec. 441. Assessment on intelligence relationship between Egypt and
Israel.
Sec. 442. Intelligence assessment of economic coercion by the People's
Republic of China in the Indo-Pacific
region and strategies to enhance the
economic resilience of countries in the
Indo-Pacific region.
Sec. 443. Report on the mission effect of civilian harm.
Sec. 444. Report on the economic outlook of China.
Sec. 445. Repeal of requirement with respect to assessments regarding
the Northern Triangle and Mexico.
TITLE V--MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD
ARCHITECTURE
Sec. 501. Sense of Congress on the need for increased effort and
resources in the field of geomatics.
Sec. 502. Department of Defense Senior Intelligence Oversight Official.
Sec. 503. Extension and modification of Department of Defense
intelligence and counterintelligence
expense authority.
Sec. 504. Authority of Army counterintelligence agents.
Sec. 505. Modifications to notification on the provision of Defense
sensitive support.
Sec. 506. Revision of Secretary of Defense authority to engage in
commercial activities as security for
intelligence collection activities.
Sec. 507. Promulgating guidance related to certain Department of
Defense contracts.
Sec. 508. Sense of Congress on Space Force acquisition workforce.
TITLE VI--MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY
Sec. 601. Requirements for the Special Victim Investigator.
Sec. 602. Reserve for Contingencies notification requirement.
Sec. 603. Government Accountability Office study and report on
modernization initiative of the Central
Intelligence Agency.
TITLE VII--MATTERS RELATING TO TECHNOLOGY AND INNOVATION
Sec. 701. Sensitive compartmented information facility accreditation.
Sec. 702. Study of intelligence community research security.
Sec. 703. Report on biotechnology.
Sec. 704. Data with respect to timeliness of security clearance
determinations.
Sec. 705. Data with respect to timeliness of polygraph examinations.
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 2025
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 2025 the sum of
$650,000,000.
(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 2025 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
2025.
TITLE III--GENERAL INTELLIGENCE 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. STATUTE OF LIMITATION FOR ESPIONAGE OFFENSES.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3302. Espionage offenses
``An indictment may be found or an information may be instituted at
any time without limitation for--
``(1) a violation of section 951, or a conspiracy to
violate such section;
``(2) a violation of section 794, or a conspiracy to
violate such section; or
``(3) a violation of section 1425, if the offense was
committed to facilitate a violation of section 951.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by adding at the end the
following:
``3302. Espionage offenses.''.
(c) Conforming Amendment.--Section 19 of the Internal Security Act
of 1950 (18 U.S.C. 792 note) is amended by striking ``, 793, or 794''
and inserting ``or 793''.
SEC. 304. SECURE COMMUNICATION BETWEEN CONGRESS AND INTELLIGENCE
COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024)
is amended by adding at the end the following new subsection:
``(aa) Requirements With Respect to Secure Communication Between
Congress and Intelligence Community.--
``(1) In general.--The Director of National Intelligence
shall, upon the approval of specified congressional leaders--
``(A) 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;
``(B) ensure that such communications enabled under
subparagraph (A) facilitate communication at all
classification levels;
``(C) ensure that the requirements specified in
subparagraph (A) are met in conformity with applicable
standards for the protection of national security
information; and
``(D) ensure that any security limitations or
controls associated with use of capabilities pursuant
to subparagraph (A) are consistent with such
limitations or controls imposed within the executive
branch and do not impede effective and efficient
oversight of the intelligence community by Congress.
``(2) Governance.--The Director, in coordination with
specified congressional leaders, shall establish governance and
security policies applicable to the connectivity, equipment,
and software provided under this subsection and shall review
and update such policies periodically, as appropriate, to
address counterintelligence threats and technological changes.
``(3) Treatment as congressional records.--Any data
created, stored, or transmitted by the congressional
intelligence committees through networks, equipment, or
software provided under paragraph (1) 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.
``(4) Documentation of cost.--The Director shall document
the funding required to satisfy this subsection within each
annual budget submission to Congress, including any anticipated
upgrades or recapitalization expenditures over the 5-year
period that begins on October 1 of the fiscal year for which
year-by-year proposed funding is included.
``(5) Specified congressional leaders defined.--In this
subsection, the term `specified congressional leaders' means--
``(A) the Speaker and the minority leader of the
House of Representatives;
``(B) the majority leader and the minority leader
of the Senate; and
``(C) the Chair and Ranking Member of the
congressional intelligence committees.''.
SEC. 305. COMMISSION TO EXAMINE THE NATIONAL SECURITY AND DEFENSE RISKS
TO THE UNITED STATES POSED BY ANOMALOUS HEALTH INCIDENTS.
(a) Establishment.--There is established, not later than 45 days
after the date of the enactment of this Act, an independent commission
to be known as the National Security Commission on Anomalous Health
Incidents (referred to in this section as the ``Commission'') to review
anomalous health incidents affecting United States Government personnel
and their dependents for the purpose of comprehensively addressing the
national security and defense risks to the United States posed by
anomalous health incidents.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 9
members appointed as follows:
(A) The Director of National Intelligence shall
appoint 1 member.
(B) The Chair of the Permanent Select Committee on
Intelligence of the House of Representatives shall
appoint 1 member.
(C) The Ranking Member of the Permanent Select
Committee on Intelligence of the House of
Representatives shall appoint 1 member.
(D) The Chair of the Committee on Armed Services of
the House of Representatives shall appoint 1 member.
(E) The Ranking Member of the Committee on Armed
Services of the House of Representatives shall appoint
1 member.
(F) The Chair of the Select Committee on
Intelligence of the Senate shall appoint 1 member.
(G) The Vice Chair of the Select Committee on
Intelligence of the Senate shall appoint 1 member.
(H) The Chair of the Committee on Armed Services of
the Senate shall appoint 1 member.
(I) The Ranking Member of the Committee on Armed
Services of the Senate shall appoint 1 member.
(2) Initial appointments.--Members shall be appointed to
the Commission under paragraph (1) not later than 30 days after
the establishment of the Commission under subsection (a).
(3) Effect of lack of appointment by deadline.--If one or
more appointments under paragraph (1) is not made by the
appointment date specified in paragraph (2), the authority to
make such appointment or appointments shall expire, and the
number of members of the Commission shall be reduced by the
number equal to the number of appointments so not made.
(4) Qualifications.--It is the sense of Congress that each
member of the Commission appointed under paragraph (1) should--
(A) have significant professional experience in
national security, such as a position in--
(i) the intelligence community;
(ii) the Department of Defense;
(iii) the scientific community;
(iv) a medical institution; or
(v) an academic or scholarly institution;
and
(B) be eligible to receive the appropriate security
clearance to effectively evaluate their duties.
(5) Prohibitions.--A member of the Commission appointed
under paragraph (1) may not--
(A) be a current member of Congress;
(B) be a former member of Congress who served in
Congress after January 1, 2017;
(C) be a current or former registrant under the
Foreign Agents Registration Act of 1938 (22 U.S.C. 611
et seq.);
(D) have previously received medical treatment for
symptoms related to a suspected anomalous health
incident, or have a dependent who previously received
medical treatment for symptoms related to a suspected
anomalous health incident; or
(E) have served, with direct involvement, in
actions by or sponsored by the executive branch of the
United States Government to investigate or respond to
reports of anomalous health incidents.
(6) Chair and vice chair.--The Commission shall select a
Chair and a Vice Chair from among the members of the
Commission.
(7) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers and shall be filled in the same manner as the original
appointment was made. The Chair and Vice Chair shall report any
vacancy in the Commission to the appropriate congressional
committees immediately upon learning that there will be a
vacancy in the Commission.
(8) Meetings.--
(A) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the first
meeting of the Commission.
(B) Frequency.--The Commission shall meet at the
call of the Chair and Vice Chair.
(C) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold meetings.
(c) Duties.--
(1) In general.--The Commission shall carry out the review
described in paragraph (2). In carrying out such review, the
Commission shall consider both the events known as anomalous
health incidents themselves, and the response to such incidents
by the United States Government and other nations' governments
for the purpose of comprehensively addressing the national
security and defense risks to the United States posed by the
causes of, and responses to, anomalous health incidents.
(2) Scope of the review.--In conducting the review under
paragraph (1), the Commission shall consider the following:
(A) A historical review of the United States
Government's response to anomalous health incidents to
identify a more effective, standardized model that can
be applied to complex challenges to ensure all
perspectives are fully and fairly presented to policy
makers, mitigate real or perceived undue influence on
analytical judgments, and effectively gather and act on
intelligence and information to address complex
national security challenges.
(B) A historical review of the United States
Government's provision of support and medical care to
United States personnel and their dependents impacted
by anomalous health incidents.
(C) Whether a review of all information on
collected reports of anomalous health incidents can
inform the development of a categorization mechanism
which can inform appropriate steps to be taken
following future reports.
(D) Whether available data points to the
involvement of an external actor in some or all
reported anomalous health incidents.
(E) Whether known or novel mechanisms an adversary
might use against United States personnel or their
dependents might explain some or all reported anomalous
health incidents.
(F) Whether comparable information, data, and
reports on other intelligence questions led to similar
analytic judgments.
(G) Any other matters the Commission deems relevant
to the common defense of the Nation.
(d) Reports.--
(1) Initial briefing.--Not later than 180 days after the
date of the enactment of this Act, the Commission shall brief
the President, or the President's designee, and the appropriate
congressional committees on the progress of the activities of
the Commission as of the date of such briefing.
(2) Annual report.--
(A) In general.--Not later than 1 year after the
date of the initial meeting of the Commission, and
annually thereafter, the Commission shall submit to the
President and the appropriate congressional committees
a report describing the progress of the activities of
the Commission as of the date of such report, including
any findings, recommendations, or lessons learned
endorsed by the Commission.
(B) Briefing.--On the date of the submission of
each annual report required under this paragraph, the
Commission shall brief the President, or the
President's designee, and the appropriate congressional
committees.
(3) Final report.--
(A) Submission.--Not later than 3 years after the
date of the establishment of the Commission under
subsection (a), the Commission shall submit to the
President and the appropriate congressional committees
a final report on the findings of the Commission and
such recommendations that the Commission may have for
action by Congress and the Federal Government, which
shall address the following:
(i) Whether known or novel mechanisms an
adversary might use against United States
personnel or their dependents might explain
some or all reported anomalous health
incidents.
(ii) Whether available data points to the
involvement of an external actor in some or all
reported anomalous health incidents.
(iii) Whether the United States
Government's provision of support and medical
care is sufficient to appropriately address the
impacts of anomalous health incidents on
affected personnel.
(iv) Effectively structuring United States
Government responses to distinct, complex
national security issues such as reports of
anomalous health incidents.
(v) Research and development to improve the
medical response and potential harm mitigation
techniques for anomalous health incidents.
(vi) How analytic integrity and structured
analytical techniques impacted the United
States Government's response to anomalous
health incidents.
(vii) What the anomalous health incidents
situation says about the counterintelligence
posture of the United States Government.
(viii) Future policy recommendations for
anomalous health incidents or other health
incidents with a potential counterintelligence
nexus.
(B) Addenda.--Any member of the Commission may
submit an addendum to the report required under
subparagraph (A) setting forth the separate views of
such member with respect to any matter considered by
the Commission.
(C) Briefing.--On the date of the submission of the
final report required under this paragraph, the
Commission shall brief the appropriate congressional
committees.
(4) Form of reports.--Reports submitted under this
subsection shall be made publicly available but may include a
classified annex.
(e) Powers of Commission.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this section--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission
considers necessary to fulfill the Commission's duties;
and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, cables, memoranda, papers,
documents, and any other information as the Commission
considers necessary to fulfill the Commission's duties.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the Chair
and the Vice Chair; or
(II) by the affirmative vote of a
majority of the Commission.
(ii) Signature.--Subject to clause (i)--
(I) subpoenas issued under this
subsection may be issued under the
signature of the Chair and Vice Chair
of the Commission, or any member
designated by a majority of the
Commission; and
(II) subpoenas issued under this
subsection may be served by any person
designated by the Chair and Vice Chair
of the Commission, or by a member
designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under this
subsection, the United States district court
for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(C) Privilege claims.--Claims of common-law
privileges made by any witness are applicable only at
the discretion of the Chair and Vice Chair.
(f) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Federal Government such books, records,
correspondence, cables, memoranda, papers, documents, and any
other information for the purposes of this section.
(2) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of any
executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Federal Government in providing the Commission with analysis,
briefings, and other information necessary for the fulfillment
of the Commission's duties.
(3) Furnishing information.--Upon receipt of a written
request made by the Chair and Vice Chair of the Commission, or
by vote of a majority of the Commission, the head of the
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the Federal
Government shall expeditiously furnish such books, records,
correspondence, cables, memoranda, papers, documents, and any
other information to the Commission. Claims of common-law
privileges made by any executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Federal Government are applicable only
at the discretion of the Chair and Vice Chair.
(4) Receipt, handling, storage, and dissemination.--Such
books, records, correspondence, cables, memoranda, papers,
documents, and any other information received by the Commission
shall only be received, handled, stored, and disseminated by
members of the Commission and its staff consistent with all
applicable statutes, regulations, and Executive orders.
(5) Protection of classified information.--A department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Federal Government
shall respond to requests submitted pursuant to paragraph (2)
in a manner consistent with the protection of intelligence
sources and methods.
(g) Support From Federal Agencies.--
(1) Director of national intelligence.--The Director of
National Intelligence shall provide to the Commission, on a
nonreimbursable basis, such administrative services, funds,
staff, facilities, and other support services as are necessary
for the performance of the duties of the Commission under this
section.
(2) Secretary of defense.--The Secretary of Defense may
provide the Commission, on a nonreimbursable basis, with such
administrative services, staff, and other support services as
the Commission may request.
(3) Other departments and agencies.--In addition to the
assistance set forth in paragraphs (1) and (2), other
departments and agencies of the United States may provide the
Commission such services, funds, facilities, staff, and other
support as such departments and agencies consider advisable and
as may be authorized by law.
(h) Treatment of Information Relating to National Security.--
(1) In general.--The Director of National Intelligence
shall assume responsibility for the handling and disposition of
any information related to the national security of the United
States that is received, considered, or used by the Commission
under this section.
(2) Information provided by congressional intelligence
committees.--Any information related to the national security
of the United States that is provided to the Commission by a
congressional intelligence committee may not be further
provided or released without the approval of the chairman of
such committee.
(3) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (m), only the
members and designated staff of the appropriate congressional
committees, the Director of National Intelligence (and the
designees of the Director), and such other officials of the
executive branch of the Federal Government as the President may
designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(i) Postal Services.--The Commission may use the United States mail
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(j) Gifts.--No member or staff of the Commission may receive a gift
or benefit by reason of the service of such member or staff on the
Commission.
(k) Commission Personnel Matter.--
(1) Compensation of members.--
(A) Nongovernment employees.--Each member of the
Commission who is not otherwise employed by the Federal
Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the actual performance of the duties of the
Commission.
(B) Government employees.--A member of the
Commission who is an officer or employee of the Federal
Government shall serve without additional pay (or
benefits in the nature of compensation) for service as
a member of the Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Staff.--
(A) Appointment and compensation of staff.--The
Chair and Vice Chair of the Commission, in accordance
with rules agreed upon by the Commission, shall appoint
and fix the compensation of a staff director and such
other personnel as may be necessary to enable the
Commission to carry out its duties, without regard to
the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person
occupying a position at level V of the Executive
Schedule under section 5316 of such title.
(B) Security clearances.--All staff of the
Commission and all experts and consultants employed by
the Commission shall possess a security clearance in
accordance with applicable provisions of law concerning
the handling of classified information.
(4) Detail of government employees.--A Federal Government
employee, with the appropriate security clearance to conduct
their duties, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chair and Vice Chair of the Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(l) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated funds to the extent and in such amounts as
specifically provided in advance in appropriations acts for the
purposes detailed in this section.
(2) Availability in general.--Subject to paragraph (1), the
Director of National Intelligence shall make available to the
Commission such amounts as the Commission may require for
purposes of the activities of the Commission under this
section.
(3) Duration of availability.--Amounts made available to
the Commission under paragraph (2) shall remain available until
expended or upon termination under subsection (m), whichever
occurs first.
(m) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits the final report required under
subsection (d)(3), but in no event later than three years after the
date of establishment in subsection (a).
(n) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives;
and
(2) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
TITLE IV--MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE
Subtitle A--Miscellaneous Authorities and Limitations
SEC. 401. CONGRESSIONAL NOTIFICATIONS AND SUMMARIES OF MISCONDUCT
REGARDING EMPLOYEES WITHIN THE INTELLIGENCE COMMUNITY.
(a) Annual Reports for Calendar Years 2024, 2025, and 2026.--Not
later than 60 days after the end of calendar years 2024, 2025, and
2026, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on civilian employees in
the intelligence community placed on administrative leave pending
possible adverse personnel action during that calendar year.
(b) Elements.--Each report under subsection (a) shall include, for
the calendar year covered by the report, the following:
(1) The total number of employees who were placed on
administrative leave pending possible adverse personnel action,
disaggregated by intelligence community element and pay grade.
(2) The number of employees placed on paid administrative
leave pending possible adverse personnel action.
(3) The number of employees placed on administrative leave
pending possible adverse personnel action whose leave has
exceeded 365 days, disaggregated by paid and unpaid status.
(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 an allegation of misconduct against a
civilian employee of the intelligence community, the head of the
element of the intelligence community that employs the covered employee
shall notify the congressional intelligence committees of the referral
not later than 10 days after the date on which such referral is made.
SEC. 402. IMPROVEMENTS TO URGENT CONCERNS SUBMITTED TO INSPECTORS
GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Inspector General of the Intelligence Community.--Section
103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5))
is amended--
(1) in subparagraph (A), by inserting ``in writing'' before
``to the Inspector General'';
(2) in subparagraph (B)--
(A) by striking ``Not later than the end of the 14-
calendar-day period beginning on the date of receipt
from an employee of a complaint or information under
subparagraph (A), the'' and inserting ``(i) The'';
(B) by striking ``whether the complaint or
information'' and inserting ``whether a complaint or
information under subparagraph (A)''; and
(C) by adding at the end the following:
``(ii) The Inspector General shall comply with clause (i) with
respect to a complaint or information under subparagraph (A) not later
than the end of the 14-calendar-day period beginning on the date on
which the employee who reported the complaint or information confirms
to the Inspector General that the employee reported the complaint or
information to the Inspector General with the intent to report to
Congress the complaint or information.''; and
(3) by adding at the end the following:
``(J) In this paragraph, the term `employee' includes a former
employee, if the complaint or information reported under subparagraph
(A) arises from or relates to the period during which the former
employee was an employee.''.
(b) Inspector General of the Central Intelligence Agency.--Section
17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended--
(1) in subparagraph (A), by inserting ``in writing'' before
``to the Inspector General'';
(2) in subparagraph (B)(i)--
(A) by striking ``Not later than the end of the 14-
calendar day period beginning on the date of receipt
from an employee of a complaint or information under
subparagraph (A), the'' and inserting ``The''; and
(B) by striking ``whether the complaint or
information'' and inserting ``whether a complaint or
information under subparagraph (A)'';
(3) in subparagraph (B)(ii), by striking ``paragraph (1)''
and inserting ``subparagraph (A)'';
(4) in subparagraph (B)--
(A) by redesignating clause (ii) as clause (iii);
and
(B) by inserting after clause (i) the following:
``(ii) The Inspector General shall comply with clause (i) with
respect to a complaint or information under subparagraph (A) not later
than the end of the 14-calendar-day period beginning on the date on
which the employee who reported the complaint or information confirms
to the Inspector General that the employee reported the complaint or
information to the Inspector General with the intent to report to
Congress the complaint or information.''; and
(5) by adding at the end the following:
``(I) In this paragraph, the term `employee'
includes a former employee or former contractor, if the
complaint or information reported under subparagraph
(A) arises from or relates to the period during which
the former employee or former contractor was an
employee or contractor, as the case may be.''.
(c) Inspectors General of Other Elements of the Intelligence
Community.--Section 416 of title 5, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Employee.--The term `employee' includes a former
employee or former contractor, if the complaint or information
reported pursuant to this section arises from or relates to the
period during which the former employee or former contractor
was an employee or contractor, as the case may be.'';
(2) in subsection (b), by inserting ``in writing'' after
``may report the complaint or information'' each place it
appears; and
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) in paragraph (1)--
(i) by striking ``Not later than the end of
the 14-calendar day period beginning on the
date of receipt of an employee complaint or
information under subsection (b), the'' and
inserting ``The''; and
(ii) by striking ``whether the complaint or
information'' and inserting ``whether a
complaint or information reported under
subsection (b)''; and
(C) by inserting after paragraph (1) the following:
``(2) Deadline for compliance.--The Inspector General shall
comply with paragraph (1) with respect to a complaint or
information reported under subsection (b) not later than the
end of the 14-calendar-day period beginning on the date on
which the employee who reported the complaint or information
confirms to the Inspector General that the employee reported
the complaint or information to the Inspector General with the
intent to report to Congress the complaint or information.''.
SEC. 403. PROTECTION FOR INDIVIDUALS MAKING AUTHORIZED DISCLOSURES TO
INSPECTORS GENERAL OF ELEMENTS OF THE INTELLIGENCE
COMMUNITY.
(a) Inspector General of the Intelligence Community.--Section
103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 3033(g)(3))
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``The Inspector General is authorized'' and
inserting ``(A) The Inspector General is authorized''; and
(3) by adding at the end the following:
``(B)(i) An individual may disclose classified information to the
Inspector General in accordance with the applicable security standards
and procedures established under section 102A or 803 of this Act,
chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.),
Executive Order 13526 (50 U.S.C. 3161 note; relating to Classified
National Security Information), or any applicable provision of law.
``(ii) A disclosure under clause (i) of classified information by
an individual without appropriate clearance or authority to access such
classified information at the time of the disclosure shall be treated
as an authorized disclosure that does not violate a covered provision
if the disclosure--
``(I) does not include the access, handling, retention, or
storage of such classified information; and
``(II) is otherwise made in accordance with the applicable
security standards and procedures for such classified
information.
``(iii) In this subparagraph, the term `covered provision' means--
``(I) any otherwise applicable nondisclosure agreement;
``(II) any otherwise applicable regulation or order issued
under the authority of chapter 18 of the Atomic Energy Act of
1954 (42 U.S.C. 2271 et seq.) or Executive Order 13526;
``(III) section 798 of title 18, United States Code; or
``(IV) any other provision of law with respect to the
unauthorized disclosure of national security information.''.
(b) Inspector General of the Central Intelligence Agency.--Section
17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(e)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``The Inspector General is authorized'' and
inserting ``(A) The Inspector General is authorized''; and
(3) by adding at the end the following:
``(B)(i) An individual may disclose classified information to the
Inspector General in accordance with the applicable security standards
and procedures established under section 102A or 803 of the National
Security Act of 1947 (50 U.S.C. 3024, 3162a), chapter 12 of the Atomic
Energy Act of 1954 (42 U.S.C. 2161 et seq.), Executive Order 13526 (50
U.S.C. 3161 note; relating to Classified National Security
Information), or any applicable provision of law.
``(ii) A disclosure under clause (i) of classified information by
an individual without appropriate clearance or authority to access such
classified information at the time of the disclosure shall be treated
as an authorized disclosure that does not violate a covered provision
if the disclosure--
``(I) does not include the access, handling, retention, or
storage of such classified information; and
``(II) is otherwise made in accordance with the applicable
security standards and procedures for such classified
information,
``(iii) In this subparagraph, the term `covered provision' means--
``(I) any otherwise applicable nondisclosure agreement;
``(II) any otherwise applicable regulation or order issued
under the authority of chapter 18 of the Atomic Energy Act of
1954 (42 U.S.C. 2271 et seq.) or Executive Order 13526;
``(III) section 798 of title 18, United States Code; or
``(IV) any other provision of law with respect to the
unauthorized disclosure of national security information.''.
(c) Other Inspectors General of Elements of the Intelligence
Community.--Section 416 of title 5, United States Code, is amended by
adding at the end the following:
``(i) Protection for Individuals Making Authorized Disclosures.--
``(1) In general.--An individual may disclose classified
information to an Inspector General of an element of the
intelligence community in accordance with the applicable
security standards and procedures established under section
102A or 803 of the National Security Act of 1947 (50 U.S.C.
3024, 3162a), chapter 12 of the Atomic Energy Act of 1954 (42
U.S.C. 2161 et seq.), Executive Order 13526 (50 U.S.C. 3161
note; relating to Classified National Security Information), or
any applicable provision of law.
``(2) Disclosure without clearance or authority.--A
disclosure under paragraph (1) of classified information by an
individual without appropriate clearance or authority to access
such classified information at the time of the disclosure shall
be treated as an authorized disclosure that does not violate a
covered provision if the disclosure--
``(A) does not include the access, handling,
retention, or storage of such classified information;
and
``(B) is otherwise made in accordance with the
applicable security standards and procedures for such
classified information.
``(3) Definition of covered provision.--In this subsection,
the term `covered provision' means--
``(A) any otherwise applicable nondisclosure
agreement;
``(B) any otherwise applicable regulation or order
issued under the authority of chapter 18 of the Atomic
Energy Act of 1954 (42 U.S.C. 2271 et seq.) or
Executive Order 13526;
``(C) section 798 of title 18; or
``(D) any other provision of law with respect to
the unauthorized disclosure of national security
information.
``(4) Definition.--In this subsection, 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).''.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, may be construed to limit or modify
the obligation of an individual to appropriately store, handle, or
disseminate classified information in accordance with applicable
security guidance and procedures, including with respect to the removal
of classified information.
SEC. 404. CLARIFICATION OF AUTHORITY OF CERTAIN INSPECTORS GENERAL TO
RECEIVE PROTECTED DISCLOSURES.
Section 1104 of the National Security Act of 1947 (50 U.S. 3234) is
amended--
(1) in subsection (b)(1), by inserting ``or covered
intelligence community element'' after ``the appropriate
inspector general of the employing agency''; and
(2) in subsection (c)(1)(A), by inserting ``or covered
intelligence community element'' after ``the appropriate
inspector general of the employing or contracting agency''.
SEC. 405. CODIFICATION OF THE NATIONAL INTELLIGENCE MANAGEMENT COUNCIL.
(a) Establishment of National Intelligence Management Council.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by inserting after
section 103L the following (and conforming the table of
contents at the beginning of such Act accordingly):
``SEC. 103M. NATIONAL INTELLIGENCE MANAGEMENT COUNCIL.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence a National Intelligence Management Council.
``(b) Composition.--
``(1) The National Intelligence Management Council shall be
composed of senior officials within the intelligence community
and substantive experts from the public or private sector, who
shall be appointed by, report to, and serve at the pleasure of,
the Director of National Intelligence.
``(2) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector as
a condition of service on the National Intelligence Management
Council, or as contractors of the Council or employees of such
contractors, to ensure the protection of intelligence sources
and methods while avoiding, wherever possible, unduly intrusive
requirements which the Director considers to be unnecessary for
this purpose.
``(c) Duties and Responsibilities.--Members of the National
Intelligence Management Council shall work with each other and with
other elements of the intelligence community to ensure proper
coordination and to minimize duplication of effort, in addition to the
following duties and responsibilities:
``(1) Provide integrated mission input to support the
processes and activities of the intelligence community,
including with respect to intelligence planning, programming,
budgeting, and evaluation processes.
``(2) Identify and pursue opportunities to integrate or
coordinate collection and counterintelligence efforts.
``(3) In concert with the responsibilities of the National
Intelligence Council, ensure the integration and coordination
of analytic and collection efforts.
``(4) Develop and coordinate intelligence strategies in
support of budget planning and programming activities.
``(5) Advise the Director of National Intelligence on the
development of the National Intelligence Priorities Framework
of the Office of the Director of National Intelligence (or any
successor mechanism established for the prioritization of
programs and activities).
``(6) In concert with the responsibilities of the National
Intelligence Council, support the role of the Director of
National Intelligence as principal advisor to the President on
intelligence matters.
``(7) Inform the elements of the intelligence community of
the activities and decisions related to missions assigned to
the National Intelligence Management Council.
``(8) Maintain awareness, across various functions and
disciplines, of the mission-related activities and budget
planning of the intelligence community.
``(9) Evaluate, with respect to assigned mission
objectives, requirements, and unmet requirements, the
implementation of the budget of each element of the
intelligence community.
``(10) Provide oversight on behalf of, and make
recommendations to, the Director of National Intelligence on
the extent to which the activities, program recommendations,
and budget proposals made by elements of the intelligence
community sufficiently address mission objectives, intelligence
gaps, and unmet requirements.
``(d) Mission Management of Members.--Members of the National
Intelligence Management Council, under the direction of the Director of
National Intelligence, shall serve as mission managers to ensure
integration among the elements of the intelligence community and across
intelligence functions, disciplines, and activities for the purpose of
achieving unity of effort and effect, including through the following
responsibilities:
``(1) Planning and programming efforts.
``(2) Budget and program execution oversight.
``(3) Engagement with elements of the intelligence
community and with policymakers in other agencies.
``(4) Workforce competencies and training activities.
``(5) Development of capability requirements.
``(6) Development of governance fora, policies, and
procedures.
``(e) Staff; Availability.--
``(1) Staff.--The Director of National Intelligence shall
make available to the National Intelligence Management Council
such staff as may be necessary to assist the National
Intelligence Management Council in carrying out the
responsibilities described in this section.
``(2) Availability.--Under the direction of the Director of
National Intelligence, the National Intelligence Management
Council shall make reasonable efforts to advise and consult
with officers and employees of other departments or agencies,
or components thereof, of the United States Government not
otherwise associated with the intelligence community.
``(f) Support From Elements of the Intelligence Community.--The
heads of the elements of the intelligence community shall provide
appropriate support to the National Intelligence Management Council,
including with respect to intelligence activities, as required by the
Director of National Intelligence.''.
(2) Office of the director of national intelligence.--
Section 103(c) of such Act (50 U.S.C. 3025) is amended--
(A) by redesignating paragraphs (5) through (14) as
paragraphs (6) through (15), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) The National Intelligence Management Council.''.
(b) Sense of Congress With Respect to China Mission.--It is the
sense of Congress that the Director of National Intelligence should
create a role in the National Intelligence Management Council for a
National Intelligence Manager dedicated to the People's Republic of
China.
(c) Report to Congress on Strategic Competition.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the heads of elements of the intelligence
community determined relevant by the Director, shall submit to
the congressional intelligence committees a report on strategic
competition.
(2) Matters.--The report under subsection (a) shall include
the following:
(A) Lessons learned by the intelligence community
with respect to strategic competition from the
reorganizations implemented consequent to--
(i) the Intelligence Reform and Terrorist
Prevention Act;
(ii) the creation of the National
Counterterrorism Center; and
(iii) any other reorganization effort
within or among elements of the intelligence
community.
(B) Examination of the potential effects of a new
national intelligence center established to--
(i) integrate all-source intelligence
analysis efforts with respect to the
activities, plans, and intentions of strategic
adversaries;
(ii) synchronize collection efforts among
the intelligence community;
(iii) optimize resource investments in the
intelligence community in support of strategic
competition;
(iv) identify options for the President,
other departments and agencies of the United
States Government, and allies and foreign
partners of the United States to support the
standing of the United States with respect to
strategic competition; and
(v) integrate other national intelligence
centers to deter the efforts of strategic
adversaries targeting the United States.
(3) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
appendix.
(d) Sense of Congress With Respect to Counternarcotics Mission.--It
is the sense of Congress that, consistent with section 7325 of the
Intelligence Authorization Act for Fiscal Year 2024 (137 Stat. 1043),
the Director of National Intelligence should create a role in the
National Intelligence Management Council for a National Intelligence
Manager dedicated to the counternarcotics mission of the United States.
SEC. 406. ANALYSES AND IMPACT STATEMENTS REGARDING PROPOSED INVESTMENT
INTO THE UNITED STATES.
Section 102A(z) of the National Security Act of 1947 (50 U.S.C.
3024(z)) is amended--
(1) in paragraph (2)(A) by inserting ``, including with
respect to counterintelligence'' before the semicolon; and
(2) by adding at the end the following:
``(3) Definitions.--In this subsection:
``(A) The term `a review or an investigation of any
proposed investment into the United States for which the
Director has prepared analytic materials' includes a review,
investigation, assessment, or analysis conducted by the
Director pursuant to section 7 or 10(g) of Executive Order
13913 (85 Fed. Reg. 19643; relating to Establishing the
Committee for the Assessment of Foreign Participation in the
United States Telecommunications Services Sector), or successor
order.
``(B) The term `investment' includes any activity reviewed,
investigated, assessed, or analyzed by the Director pursuant to
section 7 or 10(g) of Executive Order 13913, or successor
order.''.
SEC. 407. RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 102A(f)(10) of the National Security Act of 1947 (50 U.S.C.
3024(f)(10)) is amended by striking the period and inserting ``, and
upon receiving any such direction, the Director shall notify the
congressional intelligence committees immediately in writing with a
description of such other intelligence-related functions directed by
the President.''.
SEC. 408. ENABLING INTELLIGENCE COMMUNITY INTEGRATION.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
seq.) is amended by inserting after section 113B the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 113C. NON-REIMBURSABLE TRANSFER OF GOODS AND SERVICES WITHIN
INTELLIGENCE COMMUNITY IN CERTAIN CASES.
``(a) In General.--
``(1) Authority.--Notwithstanding any other provision of
law, an element of the intelligence community may, subject to
such guidance or regulations as may be developed by the
Director of National Intelligence, provide goods or services to
another element of the intelligence community without
reimbursement or transfer of funds for such goods or services
for the purposes of remote work and hoteling initiatives for
intelligence community employees and affiliates.
``(2) Prior approval requirement.--A transfer of goods or
services under paragraph (1) may not occur without the prior
approval of the heads of both the providing and receiving
elements of the intelligence community.
``(b) Hoteling Defined.--In this section, the term `hoteling' means
an alternative work arrangement in which employees of one element of
the intelligence community are authorized flexible work arrangements to
work part of the time at one or more alternative worksite locations, as
appropriately authorized.''.
SEC. 409. PROTECTION OF INTELLIGENCE SOURCES AND METHODS.
Section 102A(i) of the National Security Act of 1947 (50 U.S.C.
3024(i)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) The Director, or the Principal Deputy Director acting on
behalf of the Director, shall be responsible for the creation,
modification, deconfliction, and oversight of special access programs
(referred to as controlled access programs) pertaining to intelligence
sources, methods, and intelligence activities (but not including
military operational, strategic, and tactical programs).
``(B) In carrying out the responsibility under subparagraph (A),
the Director shall--
``(i) ensure controlled access programs of the intelligence
community conform with the requirements identified within
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or any successor
order;
``(ii) establish controlled access program minimum security
requirements and guidance for the implementation of such
requirements, to include general procedures, personnel
security, physical security, and control marking requirements;
``(iii) ensure access to controlled access programs is
based on a documented need-to-know;
``(iv) require controlled access programs to identify and
periodically review Critical Program Information and to develop
and periodically review a Program Protection Plan for each
controlled access program;
``(v) require periodic reviews of and, as appropriate,
closure of controlled access programs; and
``(vi) coordinate with other agencies to deconflict special
access programs.''.
SEC. 410. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE SUPPORT FOR
STATE GOVERNORS.
(a) In General.--Not less frequently than once per year, the
Secretary of Homeland Security, acting through the Under Secretary of
Homeland Security for Intelligence and Analysis, shall ensure that an
officer of the Field Intelligence Directorate of the Office of
Intelligence and Analysis of the Department of Homeland Security
located in each State shall engage proactively with senior officials
for each State, such as the chief executive or Homeland Security
Advisor of such State, with respect to matters concerning homeland
security or national security, consistent with any guidance provided by
the Under Secretary of Homeland Security for Intelligence and Analysis.
(b) Requirement in Certain Territories of the United States.--In
the case of a territory which does not have a permanent Field
Intelligence Directorate officer located in such territory, the
headquarters element of the Field Intelligence Directorate shall
designate a Field Intelligence Directorate officer who is responsible
for carrying out the requirement under subsection (a) with respect to
such territory.
(c) State Defined.--For purposes of this section, the term
``State'' means a State of the United States, the District of Columbia,
Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 411. AUTHORIZATION RELATING TO CERTAIN INTELLIGENCE AND
COUNTERINTELLIGENCE ACTIVITIES OF COAST GUARD.
The Commandant of the Coast Guard may use up to 1 percent of the
amounts made available under 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 fiscal year for the intelligence and
counterintelligence activities of the Coast Guard for objects of a
confidential, extraordinary, or emergency nature, which may be
accounted for solely on the certification of the Commandant and each
such certification shall be deemed a sufficient voucher for the amount
therein certified.
SEC. 412. REQUIREMENTS WITH RESPECT TO ACCESS OF FOREIGN NATIONALS TO
DEPARTMENT OF ENERGY NATIONAL LABORATORIES.
(a) In General.--The Secretary of Energy shall designate Senior
Executive employees of the United States Government employed by the
Department of Energy to have final approval authority with respect to
authorizing the access of a foreign national into a National Laboratory
in the event that an assessment of the Director of the Office of
Intelligence and Counterintelligence of the Department of Energy
identifies potential significant risks that are not agreed to by the
Director of the relevant National Laboratory.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Intelligence and
Counterintelligence of the Department of Energy shall provide to the
congressional intelligence committees a briefing with respect to the
progress to enhance the United States Government's responsibility for
the Department of Energy's approval processes with regard to
authorizing the access of foreign nationals into National Laboratories,
including with respect to requiring that such decisions are the primary
responsibility of United States Government leadership, as opposed to
the Directors of the National Laboratories, and a plan for
implementation of such enhancement.
(c) National Laboratory Defined.--In this section, the term
``National Laboratory'' has the meaning given that term in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801).
SEC. 413. FORMALIZED COUNTERINTELLIGENCE TRAINING FOR DEPARTMENT OF
ENERGY PERSONNEL.
(a) Training.--Section 215(d) of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended by adding at the end the
following:
``(3) The Director shall develop and implement--
``(A) a delineated and standardized training plan with
respect to counterintelligence to train all personnel in the
Department; and
``(B) a separate delineated and standardized training plan
with respect to counterintelligence to train officers in the
Office who have counterintelligence responsibilities.''.
(b) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the Director of the Office of
Intelligence and Counterintelligence of the Department of Energy shall
provide to the congressional intelligence committees a briefing on the
plans developed under section 215(d)(3) of the Department of Energy
Organization Act (as amended by subsection (a)), including with respect
to--
(1) the training content;
(2) periodicity;
(3) fulfillment rate;
(4) internal controls; and
(5) oversight.
SEC. 414. FEDERAL BUREAU OF INVESTIGATION PROACTIVE CYBER SUPPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall develop and make available an unclassified
interface for use by owners and operators of United States critical
infrastructure to connect with the Federal Bureau of Investigation to
request cyber-related support.
(b) Availability to Congressional Offices.--The interface described
in subsection (a) shall be available to congressional offices for
purposes of facilitating connection with the Federal Bureau of
Investigation.
(c) Interface Requirements.--The interface described in subsection
(a) shall include information with respect to the following:
(1) Best practices for cyber hygiene, specifically geared
towards owners and operators of critical infrastructure.
(2) Tailored information that is relevant based on the
threats to specific sectors of critical infrastructure.
(3) Suggestions for actions owners and operators of
critical infrastructure are recommended to take in response to
a cyber incident.
(4) Information on the best ways to liaise with the Federal
Bureau of Investigation for cyber-related issues.
(d) Critical Infrastructure Defined.--The term ``critical
infrastructure'' has the meaning given that term in the Critical
Infrastructures Protection Act of 2001 (42 U.S.C. 5195c).
SEC. 415. REQUIREMENTS RELATING TO CONFIDENTIAL HUMAN SOURCE PROGRAM OF
FEDERAL BUREAU OF INVESTIGATION.
(a) Operational Requirements for Confidential Human Source
Program.--
(1) In general.--No agent of the Federal Bureau of
Investigation may open an individual as a confidential human
source before the Special Agent in Charge of the relevant
Federal Bureau of Investigation field office has verified the
individual's identity.
(2) Prohibition with respect to fbi headquarters.--No
Special Agent of the Federal Bureau of Investigation whose
principal place of duty is at the Federal Bureau of
Investigation Headquarters may open an individual as a
confidential human source.
(3) Additional vetting in certain cases.--With respect to a
potential or actual confidential human source who is identified
as a potential counterintelligence concern or is the subject of
an investigation for any criminal or counterintelligence
purposes, a Federal Bureau of Investigation Headquarters agent
shall conduct a validation assessment and report for such
source in addition to such source validation requirements as
are in effect pursuant to policies and procedures governing the
confidential human source program of the Federal Bureau of
Investigation.
(4) Unauthorized illegal activity of confidential human
source.--If the handling agent with respect to a confidential
human source has reasonable grounds to believe that a
confidential human source has engaged in any unauthorized
illegal activity, including any misdemeanor or felony criminal
activity--
(A) the agent shall promptly notify a confidential
human source coordinator or the assigned Federal
prosecutor;
(B) a record of such event shall be recorded in the
source's case file; and
(C) the confidential human source will be subject
to immediate source validation procedures.
(5) Prohibition on commitments of immunity in civil
proceedings.--The Director of the Federal Bureau of
Investigation may not intervene in any way to impact the
outcome of any proceeding relating to a civil action or
administrative hearing to which a confidential human source
managed by the Federal Bureau of Investigation is a party.
(6) Prohibition with respect to members of congress.--No
agent of the Federal Bureau of Investigation may open an
individual as a confidential human source if such individual is
a current Member of Congress (including a Delegate or Resident
Commissioner to the Congress) or a candidate in an election for
Federal office.
(7) Effective date.--The requirements of this subsection
shall take effect not later than 180 days after the date of the
enactment of this Act with respect to any confidential human
source under the confidential human source program of the
Federal Bureau of Investigation.
(b) Annual Validation Review Requirement With Respect to Field
Offices.--
(1) In general.--Each Special Agent in Charge of a Federal
Bureau of Investigation field office shall conduct an annual
review of each confidential human source who is being managed
out of such field office.
(2) Notification requirement.--At the conclusion of each
annual review conducted under paragraph (1), the Director of
the Federal Bureau of Investigation shall, on an annual basis,
submit to the appropriate congressional committees a report
with respect to--
(A) the number of active confidential human sources
managed by the Federal Bureau of Investigation;
(B) the number of investigations opened as the
result of annual reviews of confidential human sources;
(C) the number of confidential human sources whose
relationship with the Federal Bureau of Investigation
has been terminated in the last year as a result of an
investigation opened as a result of an annual review;
and
(D) the amount of funds expended on confidential
human sources in the last fiscal year, including a
delineation of funds expended from both National
Intelligence Program and non-National Intelligence
Program funds.
(c) Oversight.--Beginning not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau of
Investigation shall develop and implement an oversight mechanism within
the Bureau for activities with respect to any confidential human source
under the confidential human source program of the Federal Bureau of
Investigation the management of which is funded through the National
Intelligence Program.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on the Judiciary of the House of
Representatives and of the Senate.
(2) 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 Chair and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(F) the Chair and Vice Chair of the Select
Committee on Intelligence of the Senate.
(3) 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. 416. CONGRESSIONAL NOTICE OF FBI COUNTERINTELLIGENCE
INVESTIGATIONS INTO INDIVIDUALS WHO HOLD OR ARE
CANDIDATES FOR FEDERAL ELECTED OFFICE.
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. 517. NOTIFICATION REQUIREMENT WITH RESPECT TO FEDERAL BUREAU OF
INVESTIGATION COUNTERINTELLIGENCE INVESTIGATIONS
REGARDING INDIVIDUALS WHO HOLD OR ARE CANDIDATES FOR
FEDERAL ELECTED OFFICE.
``(a) In General.--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 the Federal Bureau of Investigation
shall notify congressional leadership not later than 5 days after the
commencement of a counterintelligence investigation into an individual
who holds an elected Federal office or an individual who is a candidate
in an election for Federal office.
``(b) Contents.--A notification under subsection (a) shall include,
to the extent consistent with the need to protect the integrity of
ongoing counterintelligence investigations or other exceptionally
sensitive national security or law enforcement matters, a summary of
the relevant facts associated with the counterintelligence
investigation and the identity of the person subject to such
investigation.
``(c) Congressional Leadership Defined.--In this section, the term
`congressional leadership' means--
``(1) the majority leader of the Senate;
``(2) the minority leader of the Senate;
``(3) the Chair and Vice Chair of the Select Committee on
Intelligence of the Senate;
``(4) the Speaker of the House of Representatives;
``(5) the minority leader of the House of Representatives;
and
``(6) the Chair and Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives.''.
SEC. 417. INTELLIGENCE COMMUNITY COUNTERINTELLIGENCE OFFICE AT THE
DEPARTMENT OF TRANSPORTATION.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence,
the Committee on Appropriations, and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) the Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) Department.--The term ``Department'' means the
Department of Transportation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment of Intelligence Community Counterintelligence
Office.--
(1) Agreement with secretary of transportation.--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 Secretary under which
the Director of National Intelligence and the Secretary shall
establish within the Department an office, which shall be known
as the ``Intelligence Community Counterintelligence Office'',
in accordance with this section.
(2) Location.--The Intelligence Community
Counterintelligence Office established pursuant to this section
shall be physically located within the headquarters of the
Department and within reasonable proximity to the offices of
the leadership of the Department.
(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 the Intelligence Community Counterintelligence Office.
(c) Personnel.--
(1) Director.--
(A) Appointment.--There shall be at the head of the
Intelligence Community Counterintelligence Office a
Director 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 Secretary;
(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 the
Intelligence Community Counterintelligence Office shall
carry out the following responsibilities:
(i) Serving as the head of the Intelligence
Community Counterintelligence Office, with
supervisory responsibility for the Intelligence
Community Counterintelligence Office and any
other personnel assigned to the Intelligence
Community Counterintelligence Office.
(ii) Advising the Secretary 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, are provided to
appropriate personnel of the department or
agency without delay.
(iv) Ensuring critical intelligence
relevant to the Secretary is requested and
disseminated in a timely manner.
(v) Establishing, as appropriate,
mechanisms for collaboration through which
Department 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
with a need-to-know.
(vii) Advising the Secretary on methods to
improve the counterintelligence posture of the
Department.
(viii) Where appropriate, supporting the
Department's 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.
(2) Deputy director.--There shall be within the
Intelligence Community Counterintelligence Office a Deputy
Director who is appointed by the Secretary, in coordination
with the Director of National Intelligence. The Deputy Director
shall--
(A) be supervised and subject to performance
evaluations by the Secretary, in consultation with the
Director of the National Counterintelligence and
Security Center;
(B) be a current or former employee of the
Department with significant experience within the
Department; and
(C) serve at the pleasure of the Secretary.
(3) Other employees.--
(A) Joint duty assignment.--There shall be within
the Intelligence Community Counterintelligence Office
such other employees as the Director of National
Intelligence, in consultation with the Secretary,
determines appropriate. Employment at the Intelligence
Community Counterintelligence Office is an intelligence
community joint duty assignment. A permanent change of
station to the 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 shall be
responsible for the supervision and management of
employees assigned to the Intelligence Community
Counterintelligence Office, 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
Intelligence Community Counterintelligence Office 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 the
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
Intelligence Community Counterintelligence Office,
except for temporary duty assignment employees.
(E) Incentive pay.--
(i) In general.--An employee who accepts
employment at the Intelligence Community
Counterintelligence Office during the 120-day
period after the date of the establishment of
the Intelligence Community Counterintelligence
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 the Intelligence Community
Counterintelligence 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 Intelligence Community
Counterintelligence Office determines the
performance of the employee is exceptional.
(ii) Eligibility.--An employee is only
eligible for an incentive payment under clause
(i) 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.
(d) Funding.--To the extent and in such amounts as specifically
provided in advance in appropriations Acts for the purposes detailed in
this subsection, the Director of National Intelligence may expend such
sums as are authorized within the National Intelligence Program of the
Office of the Director of National Intelligence for--
(1) the renovation, furnishing, and equipping of a Federal
building, as necessary, to meet the security and operational
requirements of the Intelligence Community Counterintelligence
Office;
(2) the provision of connectivity to the Intelligence
Community Counterintelligence Office to enable briefings,
secure audio and video communications, and collaboration
between employees of the Department 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 the Intelligence Community Counterintelligence
Office;
(4) the assignment of employees of the intelligence
community to support the operation of the Intelligence
Community Counterintelligence Office; and
(5) the provision of other personal services necessary for
the operation of the Intelligence Community Counterintelligence
Office.
(e) Deadline for Establishment of the Intelligence Community
Counterintelligence Office.--
(1) Establishment.--Not later than January 1, 2026, the
Director of National Intelligence shall seek to establish, in
accordance with this section, the Intelligence Community
Counterintelligence Office within the Department.
(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 appropriate congressional committees a
report on the plan to establish the Intelligence Community
Counterintelligence Office required under paragraph (1). Such
report shall include the costs and schedule associated with
establishing the Intelligence Community Counterintelligence
Office.
SEC. 418. UKRAINE LESSONS LEARNED WORKING GROUP.
(a) Establishment.--The Director of National Intelligence and the
Secretary of Defense shall jointly establish a working group to
identify and share lessons that the United States intelligence
community has learned from the Ukraine conflict.
(b) Membership.--The composition of the Working Group may include
any officer or employee of a department or agency of the United States
Government determined appropriate by the Director of National
Intelligence or the Secretary of Defense.
(c) Chair.--The Working Group shall be jointly chaired by--
(1) an officer or employee of the Department of Defense
chosen by the Secretary of Defense; and
(2) an officer or employee of an element of the
intelligence community chosen by the Director of National
Intelligence, in consultation with the head of the element
concerned.
(d) Duties.--The duties of the Working Group shall be the
following:
(1) Identify tactical and operational lessons derived from
the Ukraine conflict.
(2) Develop a repeatable process for promulgating such
lessons to elements of the Department of Defense responsible
for the development of joint and service-specific doctrine,
acquisitions decisions, and capability development.
(3) Provide recommendations on intelligence collection
priorities to support the elements of the Department of Defense
identified under paragraph (2).
(e) Meetings.--The Working Group shall meet not later than 60 days
after the date of the enactment of this Act, and quarterly thereafter.
(f) Termination.--
(1) In general.--Subject to paragraph (2), the Working
Group shall terminate on the date that is 2 years after the
date of the enactment of this Act.
(2) Extension.--The Director of National Intelligence and
the Secretary of Defense may extend the termination date under
paragraph (1) to a date not later than 4 years after the date
of the enactment of this Act if the Director of National
Intelligence and the Secretary of Defense jointly--
(A) determine than an extension is appropriate and
agree to such extension; and
(B) submit to the appropriate congressional
committees a notification of the extension that
includes a description of the justification for the
extension.
(g) Briefs to Congress.--Not later than 270 days after the date of
the enactment of this Act, and every 6 months thereafter, the Working
Group shall submit to the appropriate congressional committees a
briefing on the activities of the Working Group.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the congressional defense committees.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given that
term in section 101(a)(16) of title 10, United States Code.
(3) Working group.--The term ``Working Group'' means the
working group described in subsection (a).
SEC. 419. MODIFICATION TO WAIVER FOR POST-SERVICE EMPLOYMENT
RESTRICTIONS.
(a) In General.--Section 304(a)(2) of the National Security Act of
1947 (50 U.S.C. 3073a(a)(2)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Authority to grant waivers.--The applicable
head of an intelligence community element may waive a
restriction in paragraph (1) with respect to an
employee or former employee who is subject to that
restriction only after--
``(i) the employee or former employee
submits to the applicable head of the
intelligence community element a written
application for such waiver in such form and
manner as the applicable head of the
intelligence community element determines
appropriate; and
``(ii) the applicable head of the element
of the intelligence community determines that
granting such waiver will not harm the national
security interests of the United States.''.
(2) in subparagraph (B), by striking ``Director'' and
inserting ``applicable head of the intelligence community
element'';
(3) in subparagraph (C), by striking ``Director'' each
place it appears and inserting ``applicable head of the
intelligence community element''; and
(4) by amending subparagraph (E) to read as follows:
``(E) Reporting to congress.--On a quarterly basis,
the head of each element of the intelligence community
shall submit to the congressional intelligence
committees a written notification of each waiver or
revocation that shall include the following:
``(i) With respect to a waiver issued to an
employee or former employee--
``(I) the covered intelligence
position held or formerly held by the
employee or former employee; and
``(II) a brief description of the
covered post-service employment,
including the employer and the
recipient of the representation,
advice, or services.
``(ii) With respect to a revocation of a
waiver issued to an employee or former
employee--
``(I) the details of the waiver,
including any renewals of such waiver,
and the dates of such waiver and
renewals; and
``(II) the specific reasons why the
applicable head of the intelligence
community element determined that such
revocation is warranted.''.
(b) Written Advisory Opinions With Respect to Post-service
Employment Restrictions.--Section 304(d) of the National Security Act
of 1947 (50 U.S.C. 3073a(d)) is amended by adding at the end the
following new paragraph:
``(4) Written advisory opinions.--Upon request from a
current employee who occupies a covered intelligence position
or a former employee who previously occupied a covered
intelligence position, the applicable head of the element of
the intelligence community concerned may provide a written
advisory opinion to such current or former employee regarding
whether a proposed employment, representation, or provision of
advice or services constitutes covered post-service employment
as defined in subsection (g).''.
(c) Covered Post-service Employment.--Section 304(g)(2) of the
National Security Act of 1947 (50 U.S.C. 3073a(g)(2)) is amended by
striking ``relating to national security, intelligence, the military,
or internal security to, the government of a foreign country or any
company, entity, or other person whose activities are directly or
indirectly supervised, directed, controlled, financed, or subsidized,
in whole or in major part, by any government of a foreign country'' and
inserting ``to the government of a foreign country or any company,
entity, or other person whose activities are directly or indirectly
supervised, directed, controlled, financed, or subsidized, in whole or
in major part, by any government of a foreign country if such
employment, representation, or provision of advice or services relates
to national security, intelligence, the military, or internal
security''.
(d) Conforming Amendments.--Section 304(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3073a(a)(1)) is amended--
(1) in subparagraph (A), by striking ``paragraph
(2)(A)(i)'' and inserting ``paragraph (2)(A)''; and
(2) in subparagraph (B), by striking ``paragraph
(2)(A)(ii)'' and inserting ``paragraph (2)(A)''.
SEC. 420. PROHIBITION OF FUNDS FOR INTELLIGENCE EXPERTS GROUP.
None of the funds authorized to be appropriated or otherwise made
available by this Act to the Office of Intelligence and Analysis of the
Department of Homeland Security may be obligated or expended to support
the Intelligence Experts Group of the Department of Homeland Security,
or any successor group.
SEC. 421. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES
OF THE OVERT HUMAN INTELLIGENCE AND OPEN SOURCE
INTELLIGENCE COLLECTION PROGRAMS OF THE OFFICE OF
INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity''
means--
(A) with respect to the Overt Human Intelligence
Collection Program, an interview for intelligence
collection purposes with any individual, including a
United States person, who has been criminally charged,
arraigned, or taken into the custody of a Federal,
State, or local law enforcement agency, but whose guilt
with respect to such criminal matters has not yet been
adjudicated, unless the Office of Intelligence and
Analysis has obtained the consent of the interviewee
following consultation with counsel;
(B) with respect to either the Overt Human
Intelligence Collection Program or the Open Source
Intelligence Collection Program, any collection
targeting journalists in the performance of their
journalistic functions; and
(C) with respect to the Overt Human Intelligence
Collection Program, an interview for intelligence
collection purposes with a United States person where
the Office of Intelligence and Analysis lacks a
reasonable belief based on facts and circumstances that
the United States person may possess significant
foreign intelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)).
(2) 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.
(3) Open source intelligence collection program.--The term
``Open Source Collection Intelligence Program'' means the
program established by the Under Secretary of Homeland Security
for Intelligence and Analysis for the purpose of collecting
intelligence and information for potential production and
reporting in the form of Open Source Information Reports as
reflected in Policy Instruction 900 of the Office of
Intelligence and Analysis, issued on January 13, 2015, or any
successor program.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) an alien known by the Office of Intelligence
and Analysis to be a permanent resident alien;
(C) an unincorporated association substantially
composed of United States citizens or permanent
resident aliens; or
(D) a corporation incorporated in the United
States, except for a corporation directed and
controlled by a foreign government or governments.
(5) United states person information (uspi).--The term
``United States person information''--
(A) means information that is reasonably likely to
identify 1 or more specific United States persons; and
(B) may be either a single item of information or
information that, when combined with other available
information, is reasonably likely to identify one or
more specific United States persons.
(b) Prohibition on Availability of Funds for Covered Activities of
Overt Human Intelligence Collection Program and Open Source
Intelligence Collection Program.--None of the funds authorized to be
appropriated by this Act may be made available to the Office of
Intelligence and Analysis of the Department of Homeland Security to
conduct a covered activity.
(c) Limitation on Personnel.--None of the funds authorized to be
appropriated by this Act may be used by the Office of Intelligence and
Analysis of the Department of Homeland Security to increase, above the
staffing level in effect on the day before the date of the enactment of
the Intelligence Authorization Act for Fiscal Year 2024 (division G of
Public Law 118-31), the number of personnel assigned to the Open Source
Intelligence Division who work exclusively or predominantly on domestic
terrorism issues.
(d) Rules of Construction.--
(1) Effect on other intelligence oversight.--Nothing in
this section shall be construed as limiting or superseding the
authority of any official within the Department of Homeland
Security to conduct legal, privacy, civil rights, or civil
liberties oversight of the intelligence activities of the
Office of Intelligence and Analysis.
(2) Sharing and receiving intelligence information.--
Nothing in this section shall be construed to prohibit, or to
limit the authority of, personnel of the Office of Intelligence
and Analysis of the Department of Homeland Security from
sharing intelligence information with, or receiving information
from--
(A) foreign, State, local, Tribal, or territorial
governments (or any agency or subdivision thereof);
(B) the private sector; or
(C) other elements of the Federal Government,
including the components of the Department of Homeland
Security.
SEC. 422. LIMITATION ON AVAILABILITY OF FUNDS FOR THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE PENDING SUBMISSION OF
INFORMATION REGARDING IMPROVEMENTS RELATING TO
INTELLIGENCE COMMUNITY STAFFING, DETAILS, AND
ASSIGNMENTS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2025 for the Office of the Director of
National Intelligence, not more than 95 percent may be obligated or
expended until the date on which the Director of National Intelligence
submits to the congressional intelligence committees the document
required to be established by the Director under section 7307(b) of the
Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3025
note).
Subtitle B--Reports and Other Matters
SEC. 431. FOREIGN MALIGN INFLUENCE INTERAGENCY GUIDANCE.
Not later than 30 days after the date of the enactment of this Act,
the Director of National Intelligence shall provide to the
congressional intelligence committees the interagency guidance that
governs engagement with social media companies for each element of the
intelligence community.
SEC. 432. FOREIGN MALIGN INFLUENCE STANDARD OPERATING PROCEDURES.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation shall provide to
the congressional intelligence committees the most recently updated
standard operating procedures document, without restrictions, that
governs the Federal Bureau of Investigation's engagements with social
media companies.
SEC. 433. INTELLIGENCE SUPPORT FOR CERTAIN EXECUTIVE BRANCH DEPARTMENTS
AND AGENCIES.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide to the congressional intelligence committees a briefing with
respect to intelligence support provided to executive branch
departments and agencies that are not a part of the intelligence
community in accordance with Intelligence Community Directive 404
(relating to Executive Branch Intelligence Customers), or successor
directive.
(b) Elements.--The briefing required under subsection (a) shall
include the following:
(1) A list of United States Government departments and
agencies that have a Federal Senior Intelligence Coordinator,
an Intelligence Point of Contact, or a Federal Intelligence
Coordination Office.
(2) A description of the Office of the Director of National
Intelligence's insight into how departments and agencies that
have individuals holding a position described in paragraph (1)
are selected for such position, and what role the Office of the
Director of National Intelligence plays in that process, if
any.
(3) An assessment of the successes, shortcomings,
effectiveness, utility, and future planning for engaging with
executive branch customers pursuant to Intelligence Community
Directive 404 or any successor directive.
(c) Definitions.--In this section, the terms ``Federal Senior
Intelligence Coordinator'', ``Intelligence Point of Contact'', and
``Federal Intelligence Coordination Office'' have the meaning given
such terms in Intelligence Community Directive 404.
SEC. 434. INTELLIGENCE COMMUNITY RECRUITMENT FOR CERTAIN SECURITY-
CLEARED SEPARATING MILITARY MEMBERS.
(a) In General.--The Intelligence Community Chief Human Capital
Officer shall, not later than 90 days after the date of the enactment
of this Act, develop a human resources strategy for enhancing the
recruitment into the intelligence community of covered military
members.
(b) Contents.--The strategy developed under subsection (a) shall
address--
(1) a requirement for each intelligence community element
to facilitate job applications for qualified covered military
members on each element's job application portal, on USA Jobs,
or other appropriate hiring platform;
(2) additional authorities or policy waivers required to
overcome identified barriers to enhancing the recruitment into
the intelligence community of covered military members to
include those military members with technical training and
experience in lieu of a bachelor's degree; and
(3) in consultation with military services, the development
of best practices for matching job applications from among
covered military members who have transferable qualifying
backgrounds, skills, or expertise to relevant intelligence
occupational specialties within the Federal civilian
intelligence community workforce, to include coordinating
intelligence community recruiting events and hiring blitzes.
(c) Briefing and Implementation Plan.--Not later than 30 days after
the development of the strategy under subsection (a), the Intelligence
Community Chief Human Capital Officer shall provide to the
congressional intelligence committees a briefing regarding the strategy
developed under subsection (a), including a plan for how each element
of the intelligence community intends to implement such strategy.
(d) Covered Military Member Defined.--In this section, the term
``covered military member'' means any servicemember transitioning out
of military service who holds a current top-secret security clearance.
SEC. 435. STRATEGY TO STRENGTHEN INTELLIGENCE COMMUNITY RECRUITMENT
EFFORTS IN THE UNITED STATES TERRITORIES.
(a) In General.--The Director of National Intelligence, acting
through the Intelligence Community Chief Human Capital Officer, shall,
in coordination with the human capital offices of such elements of the
intelligence community as determined appropriate, develop an
intelligence community-wide strategy to strengthen efforts to recruit
qualified individuals residing in the United States territories.
(b) Briefing Requirement.--Not later than 180 days after the date
of enactment of this Act, the Director of National Intelligence, acting
through the Intelligence Community Chief Human Capital Officer, shall
provide to the congressional intelligence committees a briefing with
respect to the strategy developed under subsection (a), including with
respect to a plan for the implementation of such strategy.
(c) United States Territories Defined.--In this section, the term
``United States territories'' means Puerto Rico, the United States
Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands,
and American Samoa.
SEC. 436. EXTENSION OF REQUIREMENT FOR ANNUAL REPORT ON STRIKES
UNDERTAKEN BY THE UNITED STATES AGAINST TERRORIST TARGETS
OUTSIDE AREAS OF ACTIVE HOSTILITIES.
Section 1723(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1811) is amended--
(1) by striking ``May 1 2020'' and inserting ``December 31,
2024''; and
(2) by striking ``2022'' and inserting ``December 31,
2027''.
SEC. 437. ADVISABILITY AND FEASIBILITY STUDY ON UPDATING INTELLIGENCE
SHARING REGULATIONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with each head of an element of the intelligence
community, shall assess the advisability and feasibility of revising
applicable policies and regulations with respect to the sharing of
intelligence by an element of the intelligence community with foreign
governments to incorporate the principles described under subsection
(b).
(b) Principles.--The principles to be assessed for advisability and
feasibility shall be the following:
(1) The intelligence community may not share actionable
intelligence with another country unless the intelligence
community receives such credible and reliable written
assurances from a representative of the country that the
country shall use the intelligence in accordance with
applicable international law.
(2) Any policies authorizing the sharing of actionable
intelligence shall require special protections to reduce the
risk of violations of applicable international law as a
consequence of sharing such intelligence.
(3) Any policies authorizing the sharing of actionable
intelligence with another country shall require the element of
the intelligence community concerned to document the risks and
benefits of requiring the country receiving the intelligence to
make credible and reliable written assurances that the country,
when using the intelligence, will conduct only lethal or
capture operations that comply with policy standards of the
United States with respect to detainee treatment and direct
action counterterrorism operations outside areas of active
hostilities.
(4) If the head of an element of the intelligence community
receives or conducts an assessment calling into question the
credibility or reliability of written assurances provided by
another country to comply with applicable international law
with respect to the intelligence, the head shall, within 45
days of receiving or conducting the assessment--
(A) inform the Director of National Intelligence
and, as appropriate, the Secretary of Defense; and
(B) take appropriate action to assess further and
remediate the situation, which may include suspending
further sharing of intelligence or receiving further
assurances from the country of compliance with
applicable international law.
(c) Report to Congress.--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
advisability and feasibility of incorporating the principles described
in subsection (b) into regulations on the sharing of intelligence by an
element of the intelligence community, including the degree to which
the current practices of each element of the intelligence community for
the sharing of intelligence are consistent with such principles.
(d) Actionable Intelligence Defined.--In this section, the term
``actionable intelligence'' means information sufficiently detailed and
timely to permit, assist, or allow an action or operation in the near-
term.
SEC. 438. BUDGET TRANSPARENCY FOR OPEN-SOURCE INTELLIGENCE ACTIVITIES.
(a) Budget Summaries to Director of National Intelligence.--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
Director of National Intelligence a complete and comprehensive summary
of all budget information with respect to the element's open-source
intelligence activities.
(b) Report to Congress.--Not later than 120 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report compiling
the information in the summaries submitted to the Director pursuant to
subsection (a).
(c) Open-source Intelligence Defined.--In this section, the term
``open-source intelligence'' means intelligence derived exclusively
from publicly or commercially available information that addresses
specific intelligence priorities, requirements, or gaps.
SEC. 439. ENHANCING PUBLIC-PRIVATE SHARING ON MANIPULATIVE ADVERSARY
PRACTICES IN CRITICAL MINERAL PROJECTS.
(a) Strategy Required.--The Director of National Intelligence
shall, in consultation with the heads of such Federal agencies as the
Director considers appropriate, not later than 180 days after the date
of the enactment of this Act, develop a strategy to improve the sharing
between the Federal Government and private entities of information and
intelligence to mitigate the threat that foreign adversary illicit
activities and tactics pose to United States persons in foreign
jurisdictions on projects relating to energy generation and storage,
including with respect to critical minerals inputs.
(b) Elements.--The strategy required by subsection (a) shall
cover----
(1) how best to assemble and transmit information to United
States persons--
(A) to protect against foreign adversary illicit
tactics and activities relating to critical mineral
projects abroad, including foreign adversary efforts to
undermine such United States projects abroad;
(B) to mitigate the risk that foreign adversary
government involvement in the ownership and control of
entities engaging in deceptive or illicit activities
pose to the interests of the United States; and
(C) to inform on economic espionage and other
threats from foreign adversaries to the rights of
owners of intellectual property, including owners of
patents, trademarks, copyrights, and trade secrets, and
other sensitive information, with respect to such
property; and
(2) how best to receive information from United States
persons on threats to United States interests in the critical
mineral space.
(c) Implementation Plan Required.--Not later than 30 days after the
date on which the Director completes developing the strategy pursuant
to subsection (a), the Director shall submit to the congressional
intelligence committees (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)), or provide such committees a
briefing on, a plan for implementing the strategy, which shall include
a description of risks, benefits, opportunities, and drawbacks.
SEC. 440. BRIEFING ON POLICIES AND PROCEDURES FOR ADDRESSING THREATS
FROM KNOWN OR SUSPECTED TERRORISTS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, representatives from the Department of Homeland
Security, which shall include representatives from Customs and Border
Protection, Homeland Security Investigations, and the Office of
Intelligence and Analysis, and representatives from the Federal Bureau
of Investigation, which shall include representatives from the Threat
Screening Center, shall jointly provide a briefing to the appropriate
congressional committees with respect to existing policies and
procedures for handling encounters with known or suspected terrorists
at the borders of the United States.
(b) Elements.--The briefing required under subsection (a) shall
include a description of the following:
(1) The existing processes for handling encounters with
individuals at or between ports of entry, to include the
difference in process for individuals encountered at and
between ports of entry.
(2) The existing processes for the handling and sharing of
potentially derogatory information concerning individuals who
are known or suspected terrorists.
(3) The existing processes for managing asylum claims of
known or suspected terrorists.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security of the House of
Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 441. ASSESSMENT ON INTELLIGENCE RELATIONSHIP BETWEEN EGYPT AND
ISRAEL.
(a) Report.--Not later than 90 days after the date the enactment of
this Act, the Director of National Intelligence, in coordination with
the heads of such elements of the intelligence community as the
Director determines appropriate, shall submit to the congressional
intelligence committees a report assessing the intelligence
relationship between Israel and Egypt that includes an assessment of
intelligence failures with respect to either country and with respect
to intelligence sharing between the two countries that contributed to
the attack on Israel by Hamas on October 7, 2023.
(b) Matters.--The report under subsection (a) shall include the
following:
(1) An assessment of the state, strengths, and limitations
of any intelligence relationship between Egypt and Israel,
especially with respect to Hamas and Gaza.
(2) The role of the United States, if any, in the
relationship and an identification of the areas in which the
participation of the United States would most strengthen the
relationship and improve cooperation between Egypt and Israel
going forward.
(3) A review of the failures in national and regional
intelligence analysis, collection, and sharing that occurred
before the attack on Israel by Hamas on October 7, 2023, and
any lessons learned for future intelligence activities.
(c) Form.--The report under subsection (a) may be submitted in
classified form.
SEC. 442. INTELLIGENCE ASSESSMENT OF ECONOMIC COERCION BY THE PEOPLE'S
REPUBLIC OF CHINA IN THE INDO-PACIFIC REGION AND
STRATEGIES TO ENHANCE THE ECONOMIC RESILIENCE OF
COUNTRIES IN THE INDO-PACIFIC REGION.
(a) Report.--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 Director of the Central
Intelligence Agency and the heads of other elements of the intelligence
community determined appropriate by the Assistant Secretary, shall
submit to the appropriate congressional committees a report assessing
the economic coercion efforts by the People's Republic of China in the
Indo-Pacific region and strategies that would enhance the resilience of
countries in the Indo-Pacific region to economic coercion by the
People's Republic of China.
(b) Matters.--The report under subsection (a) shall include the
following:
(1) A description of recent economic coercion efforts by
the People's Republic of China against countries in the Indo-
Pacific region.
(2) An analysis of the effectiveness of economic coercion
efforts against countries in the Indo-Pacific region by the
People's Republic of China in achieving the stated or assumed
goals of the People's Republic of China.
(3) An assessment of measures that would dissuade the
People's Republic of China from engaging in acts of economic
coercion in the Indo-Pacific region and would encourage actions
supporting the economic prosperity and security of the Indo-
Pacific region.
(4) An assessment of measures, including trade diversion or
regional trade agreements, that would diminish the sway and
influence of the market of the People's Republic of China with
respect to countries in the Indo-Pacific region.
(5) An analysis of measures that would help countries in
the Indo-Pacific region to build supply chains independent of
the People's Republic of China.
(c) Form.--The report 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, the Committee
on Armed Services, the Committee on Appropriations, 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, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate.
(2) Indo-pacific nations.--The term ``Indo-Pacific region''
includes the following countries:
(A) Australia.
(B) Bangladesh.
(C) Brunei.
(D) Burma (Myanmar).
(E) Cambodia.
(F) China.
(G) Democratic People's Republic of Korea.
(H) Federated States of Micronesia.
(I) Fiji.
(J) French Polynesia.
(K) India.
(L) Indonesia.
(M) Japan.
(N) Kiribati.
(O) Laos.
(P) Malaysia.
(Q) Maldives.
(R) Mongolia.
(S) Nauru.
(T) Niue.
(U) Nepal.
(V) New Zealand.
(W) Palau.
(X) Papua New Guinea.
(Y) Philippines.
(Z) Republic of Korea.
(AA) Republic of Marshall Islands.
(BB) Samoa.
(CC) Singapore.
(DD) Solomon Islands.
(EE) Sri Lanka.
(FF) Thailand.
(GG) Timor-Leste.
(HH) Tonga.
(II) Tuvalu.
(JJ) Vanuatu.
(KK) Vietnam.
SEC. 443. REPORT ON THE MISSION EFFECT OF CIVILIAN HARM.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council and in coordination with the
heads of the elements of the intelligence community determined
appropriate by the Director, shall submit to the appropriate
congressional committees a report examining the extent to which
civilian harm that occurs during counterterrorism operations informs
analyses of the intelligence community on the mission success of
campaigns to degrade, disrupt, or defeat foreign terrorist
organizations.
(b) Matters.--The report under subsection (a) shall include the
following:
(1) The methodology of the intelligence community for
measuring the effect of civilian harm.
(2) The extent to which analysts of the intelligence
community apply such methodology when assessing the degree to
which a terrorist group is degraded, disrupted, or defeated.
(3) A framework to enable analysts to assess, as
objectively as possible, the effect that civilian harm has had
on the mission of degrading, disrupting, or defeating a
terrorist group, or an explanation of why such framework cannot
be generated.
(4) The extent to which dissenting opinions of analysts of
the intelligence community are included or highlighted in final
written products presented to senior policymakers of the United
States.
(5) Recommendations to improve the quality of future
intelligence community analyses by accounting for the effects
of civilian harm on efforts to successfully degrade, disrupt,
or defeat a foreign terrorist group.
(c) Form.--
(1) In general.--The report under subsection (a) may be
submitted in classified form, but if so submitted, the report
shall include an unclassified summary of key findings that is
consistent with the protection of intelligence sources and
methods.
(2) Annex.--The report under subsection (a) shall include a
classified annex that provides an inventory of the following:
(A) Collection gaps and challenges that may affect
the analysis of the success or failure of campaigns
against terrorist groups.
(B) Actions taken by the Director of National
Intelligence to mitigate such gaps and challenges.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(3) the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
SEC. 444. REPORT ON THE ECONOMIC OUTLOOK OF CHINA.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council, shall, in coordination with
the Assistant Secretary of the Treasury for Intelligence and Analysis
and the Director of the Central Intelligence Agency, submit to the
congressional intelligence committees a report on the economic outlook
of the People's Republic of China, which shall include alternative
analyses of the economic projections of the People's Republic of China.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) Assessments of the strengths and weaknesses of the
economy of the People's Republic of China, including the
potential effects of debt, demographics, and China's
international relationships.
(2) Potential challenges for the People's Republic of China
to sustain economic growth and the potential for global effects
as a result.
(3) The implications of the economic future of the People's
Republic of China on the country's foreign and defense policy.
SEC. 445. REPEAL OF REQUIREMENT WITH RESPECT TO ASSESSMENTS REGARDING
THE NORTHERN TRIANGLE AND MEXICO.
Section 5522 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 2152) is repealed.
TITLE V--MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD
ARCHITECTURE
SEC. 501. SENSE OF CONGRESS ON THE NEED FOR INCREASED EFFORT AND
RESOURCES IN THE FIELD OF GEOMATICS.
It is the sense of Congress that--
(1) the intelligence community and the broader United
States Government require professionals with advanced training
in geomatics and geodesy and that the preservation of these
skillsets is crucial to advancing geospatial intelligence
tradecraft for the United States for national security and
military operations;
(2) the intelligence community should use existing
authorities to engage in novel ways with academic and industry
partners to ensure the intelligence community's demand signal
for geomatics and geodesy professionals is received by the
largest possible number of United States citizens while also
seeking to foster a culture of academic excellence and research
to propel the field of geomatics forward at the pace of
innovation;
(3) by engaging with academic and industry partners the
intelligence community can help speed the reversal of the
current trend wherein the United States not only produces fewer
geomatics scientists and engineers compared to its global
competitors and potential adversaries, but such competitors and
adversaries also provide them with training and expertise that
could be used against the United States;
(4) there is abundant opportunity for the intelligence
community to advance its growing need for geomatics and geodesy
professionals by partnering with American universities and
researchers with proven experience in diverse fields who can
lead the way to solving the United States most vexing geomatics
challenges; and
(5) the intelligence community must balance the increasing
demand for recruiting the best geomatics and geodesy talent
while still ensuring a dedicated and patriotic workforce with
allegiance to the Constitution and the United States
Government.
SEC. 502. DEPARTMENT OF DEFENSE SENIOR INTELLIGENCE OVERSIGHT OFFICIAL.
(a) In General.--Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 430c. Senior Intelligence Oversight Official
``(a) Establishment.--The Secretary of Defense, or a designee of
the Secretary determined by regulations prescribed by the Secretary,
shall designate a civilian employee of the Department of Defense in the
Senior Executive Service to serve as the Senior Intelligence Oversight
Official.
``(b) Responsibilities.--The Senior Intelligence Oversight Official
shall exercise independent oversight of all intelligence, intelligence-
related, and sensitive activities of the Department of Defense,
including activities involving--
``(1) tradecraft;
``(2) the operational use of an individual; or
``(3) clandestine operational tactics, techniques, and
procedures.
``(c) Access.--The Senior Intelligence Oversight Official shall
have--
``(1) complete and unrestricted access to all information
concerning any intelligence, intelligence-related, or sensitive
activity of the Department of Defense regardless of
classification or compartmentalization, including special
access programs, from any personnel or organizational entity of
the Department of Defense, to the extent necessary to carry out
the responsibilities and functions of the Senior Intelligence
Oversight Official; and
``(2) direct access to the Secretary of Defense and the
Deputy Secretary of Defense, as circumstances require in the
determination of the Senior Intelligence Oversight Official.
``(d) Review of Regulations.--The Secretary of Defense shall review
and update Department of Defense Directive 5148.13, and any associated
or successor regulation or directive, to conform to this section.''.
(b) Conforming Amendment.--The table of contents in chapter 21 of
such title is amended by adding at the end of subchapter I the
following new item:
``430c. Senior Intelligence Oversight Official.''.
SEC. 503. EXTENSION AND MODIFICATION OF DEPARTMENT OF DEFENSE
INTELLIGENCE AND COUNTERINTELLIGENCE EXPENSE AUTHORITY.
Section 1057 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1593) is amended--
(1) in subsection (a), by striking ``2025'' and inserting
``2030'';
(2) in subsection (d), by striking ``2025'' and inserting
``2030''; and
(3) in subsection (e), by striking ``$100,000'' and
inserting ``$125,000''.
SEC. 504. AUTHORITY OF ARMY COUNTERINTELLIGENCE AGENTS.
(a) In General.--Section 7377 of title 10, United States Code, is
amended--
(1) in the section heading, by inserting ``and Army
Counterintelligence Command'' before the colon; and
(2) by amending subsection (b) to read as follows:
``(b) Agents to Have Authority.--Subsection (a) applies to any
employee of the Department of the Army who is--
``(1) a special agent of the Army Criminal Investigation
Command (or a successor to that command) whose duties include
conducting, supervising, or coordinating investigations of
criminal activity in programs and operations of the Department
of the Army; or
``(2) a special agent of the Army Counterintelligence
Command (or a successor to that command) whose duties include
conducting, supervising, or coordinating counterintelligence
investigations in programs and operations of the Department of
the Army.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 747 of such title is amended by striking the item relating to
section 7377 and inserting the following new item:
``7377. Civilian special agents of the Criminal Investigation Command
and Army Counterintelligence Command:
authority to execute warrants and make
arrests.''.
SEC. 505. MODIFICATIONS TO NOTIFICATION ON THE PROVISION OF DEFENSE
SENSITIVE SUPPORT.
Section 1055 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``paragraph (3)''
and inserting ``paragraphs (3) and (4)'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) Routine defense sensitive support.--In the event that
the provision of defense sensitive support is routine defense
sensitive support, the Secretary shall provide notification
under paragraph (1) on a quarterly basis after providing the
support.'';
(D) in paragraph (4), as so redesignated--
(i) in the paragraph heading, by inserting
``and extraordinary security protections''
after ``support'';
(ii) in the matter preceding subparagraph
(A)--
(I) by inserting ``or requires
extraordinary security protections''
after ``time-sensitive''; and
(II) by inserting ``shall'' after
``Secretary'';
(iii) in subparagraph (A)--
(I) by striking ``may'';
(II) by inserting ``or after the
activity supported concludes'' after
``providing the support''; and
(III) by striking ``; and'' and
inserting ``; or''; and
(iv) in subparagraph (B)--
(I) by striking ``shall''; and
(II) by striking ``notice as soon
as practicable after providing such
support, but not later than 48 hours
after providing the support'' and
inserting ``notification simultaneously
with the execution of the supported
activity''; and
(E) in paragraph (5), as so redesignated, by
striking ``paragraphs (1) and (3)'' and inserting
``paragraphs (1), (3), and (4)''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Defense Sensitive Support Defined'' and inserting
``Definitions'';
(B) by striking ``, the term `defense sensitive
support' means support provided by the Department of
Defense to a non-Department of Defense Federal
department or agency that requires special protection
from disclosure.'' and inserting a colon; and
(C) by adding at the end the following new
paragraphs:
``(1) The term `defense sensitive support' means support
provided by the Department of Defense to a non-Department of
Defense Federal department or agency that requires special
protection from disclosure.
``(2) The term `routine defense sensitive support' has the
meaning given such term elsewhere in the Intelligence
Authorization Act for Fiscal Year 2025.''.
SEC. 506. REVISION OF SECRETARY OF DEFENSE AUTHORITY TO ENGAGE IN
COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES.
(a) Extension of Authority.--Section 431(a) of title 10, United
States Code, is amended by striking ``December 31, 2024'' and inserting
``December 31, 2027''.
(b) Interagency Coordination and Support.--Section 431(b)(1) of
such title is amended to read as follows:
``(1) be pre-coordinated with the Director of the Central
Intelligence Agency using procedures mutually agreed upon by
the Secretary of Defense and the Director, and, where
appropriate, be supported by the Director; and''.
SEC. 507. PROMULGATING GUIDANCE RELATED TO CERTAIN DEPARTMENT OF
DEFENSE CONTRACTS.
Not later than January 31, 2025, the Secretary of Defense shall
issue guidance on the governance and oversight of the contracts of the
Department of Defense that support or enable sensitive activities.
SEC. 508. SENSE OF CONGRESS ON SPACE FORCE ACQUISITION WORKFORCE.
It is the sense of Congress that--
(1) the National Reconnaissance Office and the United
States Space Force jointly benefit from a robust United States
Space Force military and civilian acquisition workforce that
includes contracting officers, acquisition program managers,
engineers, and program control and finance professionals;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives is concerned that the United States
Space Force's uneven emphasis on developing space operators and
making fewer acquisition professionals available for
assignments at the National Reconnaissance Office can
negatively affect the procurement goals of the National
Reconnaissance Office, particularly in support of United States
Space Force requirements; and
(3) a robust United States Space Force acquisition
workforce, that encourages assignment opportunities at the
National Reconnaissance Office, both benefits the procurement
goals of the National Reconnaissance Office and provides
valuable experience that acquisition professionals can apply to
future United States Space Force assignments.
TITLE VI--MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY
SEC. 601. REQUIREMENTS FOR THE SPECIAL VICTIM INVESTIGATOR.
Section 32(a) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3533(a)) is amended by adding at the end the following: ``No
individual appointed as the Special Victim Investigator may, at the
time of such appointment, be a current employee of the Central
Intelligence Agency.''.
SEC. 602. RESERVE FOR CONTINGENCIES NOTIFICATION REQUIREMENT.
Section 504(a)(2) of the National Security Act of 1947 (50 U.S.C.
3094(a)(2)) is amended by inserting ``and, not later than 10 days after
the date of the obligation or expenditure of such funds, of the
activity requiring such obligation or expenditure'' before the
semicolon.
SEC. 603. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT ON
MODERNIZATION INITIATIVE OF THE CENTRAL INTELLIGENCE
AGENCY.
(a) Requirement.--The Comptroller General of the United States
shall conduct a study on the impacts of the Central Intelligence
Agency's modernization initiative.
(b) Elements.--The study required under subsection (a) may include
the following:
(1) An assessment of the Agency's implementation of changes
pursuant to the modernization initiative, including
organizational changes and changes to Agency activities.
(2) An assessment of how any new administrative
requirements made pursuant to the modernization initiative have
affected Agency activities.
(3) An evaluation of whether the Agency's implementation of
changes pursuant to the modernization initiative have affected
the Agency's ability to anticipate and respond to emerging
issues.
(4) An assessment of the extent to which the Agency's
implementation of changes pursuant to the modernization
initiative have--
(A) fostered an organizational climate and
structure that allows personnel in analytic and
operational fields to take professional risks;
(B) grown the role of analytic personnel and
provided opportunities for them to become subject
matter experts within the analytical career fields; and
(C) changed the number of personnel from analytical
fields represented in managerial and policy positions.
(5) Other matters deemed relevant by the Comptroller
General.
(c) Briefing; Report.--
(1) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
provide to the appropriate congressional committees a briefing
on the preliminary findings of the study conducted under
subsection (a) at a time that is mutually agreed upon by the
appropriate congressional committees and the Comptroller
General.
(2) Report requirement.--
(A) Submission to congress.--Not later than 1 year
after the date of the enactment of this Act, the
Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
study conducted under subsection (a).
(B) Form of report.--The report required under this
subsection shall be submitted in unclassified form but
may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Appropriations and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Agency.--The term ``Agency'' means the Central
Intelligence Agency.
TITLE VII--MATTERS RELATING TO TECHNOLOGY AND INNOVATION
SEC. 701. SENSITIVE COMPARTMENTED INFORMATION FACILITY ACCREDITATION.
(a) In General.--The Under Secretary of Defense for Intelligence
and Security shall, not later than December 31, 2029--
(1) assign responsibility to the Defense
Counterintelligence and Security Agency for the accreditation
of sensitive compartmented information facilities for all
components of the Department of Defense, including the military
departments, except with respect to the National Security
Agency, the National Reconnaissance Office, and the National
Geospatial-Intelligence Agency; and
(2) ensure that the Defense Counterintelligence and
Security Agency has the appropriate staff to successfully carry
out such responsibility.
(b) Notification With Respect to Resource Requirements.--The Under
Secretary of Defense for Intelligence and Security shall notify the
congressional intelligence committees and the congressional defense
committees with respect to the resource requirements for the Defense
Counterintelligence and Security Agency to carry out the accreditation
responsibility under subsection (a).
(c) Submission of Report to Congress.--The Under Secretary of
Defense for Intelligence and Security shall, in consultation with the
Director of the National Security Agency, the Director of the National
Reconnaissance Office, and the Director of the National Geospatial-
Intelligence Agency, submit to the congressional intelligence
committees and the Committees on Armed Services of the House of
Representatives and the Senate a report not later than December 31,
2027, on the feasibility of the Defense Counterintelligence and
Security Agency assuming accreditation responsibility with respect to
sensitive compartmented information facilities for the National
Security Agency, the National Reconnaissance Office, and the National
Geospatial-Intelligence Agency by December 31, 2029.
(d) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' has the meaning given that
term in section 101(a)(16) of title 10, United States Code.
SEC. 702. STUDY OF INTELLIGENCE COMMUNITY RESEARCH SECURITY.
(a) Study.--The Director of National Intelligence shall conduct a
study on preventing intelligence community research grant funding from
improperly benefiting foreign countries of concern.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An evaluation of the intelligence community's current
research security practices, including with respect to the
requirements under section 121 of the National Security Act of
1947 (50 U.S.C. 3061).
(2) An evaluation of the feasibility and effects of
prohibiting the award of an intelligence community grant for
research to any individual or institution if the head of the
relevant element of the intelligence community cannot verify
that such grantee does not partner, formally or informally,
with individuals from institutions located in any country of
concern, or with institutions or entities from or located in
any country of concern, subject to a waiver of such
prohibition, on a case by case basis, by the head or deputy of
the element of the intelligence community.
(3) Recommendations for the operational implementation of
the prohibition described in paragraph (2).
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report containing the
results of the study conducted under subsection (a) and the
recommendations required under subsection (b)(3).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Country of Concern Defined.--For purposes of this section, the
term ``country of concern'' has the meaning given that term in section
1(m)(1) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(m)(1)).
SEC. 703. REPORT ON BIOTECHNOLOGY.
(a) Reporting Requirement.--Not later than June 30, 2025, the head
of each covered element of the intelligence community shall submit a
separate report to the congressional intelligence committees with
respect to biotechnology threats and intelligence activities related to
biotechnology threats.
(b) Matters Included.--Each report under subsection (a) shall
include, with respect to each covered element of the intelligence
community, the following:
(1) A description of any gaps that exist with respect to
intelligence activities that impede such element from fully
targeting, collecting, and analyzing intelligence related to
biotechnology threats.
(2) A description of any existing formal mechanisms by
which the intelligence community provides intelligence and
support with respect to biotechnology threats to--
(A) departments and agencies of the Federal
Government outside the intelligence community;
(B) the governments of foreign countries; and
(C) private industry and academic institutions.
(3) An assessment of any existing mechanisms and manners by
which the intelligence community consults with biotechnology
experts and other outside experts with related expertise.
(c) Covered Elements of the Intelligence Community.--For purposes
of this section, the covered elements of the intelligence community are
as follows:
(1) The Central Intelligence Agency.
(2) The Defense Intelligence Agency.
(3) The Federal Bureau of Investigation.
(4) The National Security Agency.
(5) The Office of the Director of National Intelligence.
SEC. 704. DATA WITH RESPECT TO TIMELINESS OF SECURITY CLEARANCE
DETERMINATIONS.
Section 7702 of the National Defense Authorization Act for Fiscal
Year 2024 (50 U.S.C. 3352h) is amended by adding at the end the
following new subsection:
``(d) Data With Respect to Timeliness of Security Clearance
Determinations.--
``(1) In general.--With respect to each report on
compliance with timeliness standards for rendering
determinations of trust for personnel vetting prepared pursuant
to subsection (b), the Director of National Intelligence shall
make available to the congressional intelligence committees as
soon as practicable the raw data with respect to the timeliness
of security clearance determinations used to prepare each such
report in machine-readable format for each element of the
intelligence community that collects such data.
``(2) Form and classification justification.--The data
provided to the congressional intelligence committees under
paragraph (1) shall be submitted in unclassified form to the
greatest extent possible and shall contain a justification for
the classification of any such data provided, which shall
include citations to the applicable classification guide which
explain the reason any such data is classified.''.
SEC. 705. DATA WITH RESPECT TO TIMELINESS OF POLYGRAPH EXAMINATIONS.
Section 7702 of the National Defense Authorization Act for Fiscal
Year 2024 (50 U.S.C. 3352h), as amended by section 704, is further
amended by adding at the end the following new subsection:
``(e) Data With Respect to Timeliness of Polygraph Examinations.--
``(1) In general.--With respect to each report on
compliance with timeliness standards for rendering
determinations of trust for personnel vetting prepared pursuant
to subsection (b), the Director of National Intelligence shall
make available to the congressional intelligence committees as
soon as practicable the raw data with respect to the timeliness
of polygraph examinations used to prepare each such report in
machine-readable format for each element of the intelligence
community that collects such data.
``(2) Form and classification justification.--The data
provided to the congressional intelligence committees under
paragraph (1) shall be submitted in unclassified form to the
greatest extent possible and shall contain a justification for
the classification of any such data provided, which shall
include citations to the applicable classification guide which
explain the reason any such data is classified.''.
Union Calendar No. 558
118th CONGRESS
2d Session
H. R. 8512
[Report No. 118-662]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2025 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.
_______________________________________________________________________
September 11, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Intelligence Authorization Act for Fiscal Year 2025
#8512 | HR Congress #118
Policy Area: Armed Forces and National Security
Subjects: Administrative law and regulatory proceduresAdvisory bodiesAfricaAppropriationsArab-Israeli relationsAsiaCentral AmericaCentral Intelligence Agency (CIA)ChinaCoast guardCompetitiveness, trade promotion, trade deficitsComputer security and identity theftConflicts and warsCongressional oversightCongressional-executive branch relationsCriminal procedure and sentencingDepartment of DefenseDepartment of EnergyDepartment of Homeland Security
Last Action: Placed on the Union Calendar, Calendar No. 558. (9/11/2024)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text