[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5412 Reported in House (RH)]
<DOC>
Union Calendar No. 114
117th CONGRESS
1st Session
H. R. 5412
[Report No. 117-156]
To authorize appropriations for fiscal year 2022 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
September 29, 2021
Mr. Schiff introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
October 28, 2021
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
September 29, 2021]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2022 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 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Temporary authority for paid leave for a serious health
condition.
Sec. 304. Harmonization of whistleblower protections.
Sec. 305. Congressional oversight of certain special access programs.
Sec. 306. Clarification of requirement for authorization of funding for
intelligence activities.
Sec. 307. Authorization of support by Director of National Intelligence
for certain activities relating to
intelligence community workforce.
Sec. 308. Requirements for certain employment activities by former
intelligence officers and employees.
Sec. 309. Non-reimbursable detail of intelligence community personnel
to assist with processing and resettlement
of refugees, parolees, and other aliens
from Afghanistan.
Sec. 310. Authority for transport of certain canines associated with
force protection duties of intelligence
community.
Sec. 311. Development of definitions for certain terms relating to
intelligence.
Sec. 312. Support for and oversight of Unidentified Aerial Phenomena
Task Force.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. National Counterproliferation and Biosecurity Center.
Sec. 402. Clarification of certain responsibilities of Director of
National Intelligence.
Sec. 403. Responsibility of Director of National Intelligence regarding
National Intelligence Program budget
concerning Federal Bureau of Investigation.
Sec. 404. Climate Security Advisory Council.
Subtitle B--Other Elements
Sec. 411. Protection of certain facilities and assets of Central
Intelligence Agency from unmanned aircraft.
Sec. 412. Modification of National Geospatial-Intelligence Agency
personnel management authority to attract
experts in science and engineering.
Sec. 413. Requirements for termination of dual-hat arrangement for
Commander of the United States Cyber
Command.
Sec. 414. National Space Intelligence Center.
Sec. 415. Procurement by Federal Bureau of Investigation of Chinese
products and services.
Sec. 416. Counterintelligence units at non-intelligence community
Federal departments and agencies.
Sec. 417. Detection and monitoring of wildfires.
TITLE V--ANOMALOUS HEALTH INCIDENTS AND OTHER HEALTH CARE MATTERS
Sec. 501. Compensation and professional standards for certain medical
officers of Central Intelligence Agency.
Sec. 502. Medical advisory board of Central Intelligence Agency.
Sec. 503. Report on protocols for certain intelligence community
employees and dependents.
Sec. 504. Inspector General of Central Intelligence Agency review of
Office of Medical Services.
Sec. 505. Clarification of effect of certain benefits relating to
injuries to the brain.
TITLE VI--MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 601. National Intelligence Estimate on security situation in
Afghanistan and related region.
Sec. 602. Report on likelihood of military action by countries of the
South Caucasus.
Sec. 603. Report on intelligence collection posture and other matters
relating to Afghanistan and related region.
Sec. 604. Report on threat posed by emerging Chinese technology
companies.
Sec. 605. Report on cooperation between China and United Arab Emirates.
Sec. 606. Report on propagation of extremist ideologies from Saudi
Arabia.
Sec. 607. Report on effects of sanctions by United States.
TITLE VII--REPORTS AND OTHER MATTERS
Sec. 701. Pilot program for security vetting of certain individuals.
Sec. 702. Intelligence assessment and reports on foreign racially
motivated violent extremists.
Sec. 703. Periodic report on positions in intelligence community that
can be conducted without access to
classified information, networks, or
facilities.
Sec. 704. Biennial reports on foreign biological threats.
Sec. 705. Annual reports on domestic activities of intelligence
community.
Sec. 706. Annual reports on certain cyber vulnerabilities procured by
intelligence community and foreign
commercial providers of cyber
vulnerabilities.
Sec. 707. Improvements to annual report on demographic data of
employees of intelligence community.
Sec. 708. National Intelligence Estimate on escalation and de-
escalation of gray zone activities in great
power competition.
Sec. 709. Report on certain actions taken by intelligence community
with respect to human rights and
international humanitarian law.
Sec. 710. Briefing on trainings relating to blockchain technology.
Sec. 711. Report on prospective ability to administer COVID-19 vaccines
and other medical interventions to certain
intelligence community personnel.
Sec. 712. Report on potential inclusion within intelligence community
of the Office of National Security of the
Department of Health and Human Services.
Sec. 713. Reports relating to Inspector General of Defense Intelligence
Agency.
Sec. 714. Report on rare earth elements.
Sec. 715. Report on plan to fully fund the Information Systems Security
Program and next generation encryption.
Sec. 716. Review of National Security Agency and United States Cyber
Command.
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 2022
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
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 elements listed in paragraphs (1) through (16) of
section 101, 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.
(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 2022 the sum of
$619,000,000.
(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 2022 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
2022.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 303. TEMPORARY AUTHORITY FOR PAID LEAVE FOR A SERIOUS HEALTH
CONDITION.
(a) Authorization of Paid Leave for a Serious Health Condition for
Employees of Elements of the Intelligence Community.--
(1) In general.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. TEMPORARY AUTHORITY FOR PAID LEAVE FOR A SERIOUS HEALTH
CONDITION.
``(a) Definitions.--In this section:
``(1) Paid serious health condition leave.--The term `paid
serious health condition leave' means paid leave taken under
subsection (b).
``(2) Serious health condition.--The term `serious health
condition' has the meaning given the term in section 6381 of
title 5, United States Code.
``(3) Son or daughter.--The term `son or daughter' has the
meaning given the term in section 6381 of title 5, United
States Code.
``(b) Paid Serious Health Condition Leave.--During the period
specified in subsection (f), and notwithstanding any other provision of
law, a civilian employee of an element of the intelligence community
shall have available a total of 12 administrative workweeks of paid
leave during any 12-month period for one or more of the following:
``(1) In order to care for the spouse, or a son, daughter,
or parent, of the employee, if such spouse, son, daughter, or
parent has a serious health condition.
``(2) Because of a serious health condition that makes the
employee unable to perform the functions of the employee's
position.
``(c) Treatment of Serious Health Condition Leave Request.--
Notwithstanding any other provision of law, an element of the
intelligence community shall accommodate an employee's leave schedule
request under subsection (b), including a request to use such leave
intermittently or on a reduced leave schedule, to the extent that the
requested leave schedule does not unduly disrupt agency operations.
``(d) Rules Relating to Paid Leave.--During the period specified in
subsection (f), and notwithstanding any other provision of law--
``(1) an employee of an element of the intelligence
community--
``(A) shall be required to first use all accrued or
accumulated paid sick leave before being allowed to use
paid serious health condition leave; and
``(B) may not be required to first use all or any
portion of any unpaid leave available to the employee
before being allowed to use paid serious health
condition leave; and
``(2) paid serious health condition leave--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing element;
``(B) may not be considered to be annual or
vacation leave for purposes of section 5551 or 5552 of
title 5, United States Code, or for any other purpose;
``(C) if not used by the employee before the end of
the 12-month period described in subsection (b) to
which the leave relates, may not be available for any
subsequent use and may not be converted into a cash
payment;
``(D) may be granted only to the extent that the
employee does not receive a total of more than 12 weeks
of paid serious health condition leave in any 12-month
period;
``(E) shall be used in increments of hours (or
fractions thereof), with 12 administrative workweeks
equal to 480 hours for employees of elements of the
intelligence community with a regular full-time work
schedule and converted to a proportional number of
hours for employees of such elements with part-time,
seasonal, or uncommon tours of duty; and
``(F) may not be used during off-season (nonpay
status) periods for employees of such elements with
seasonal work schedules.
``(e) Implementation.--
``(1) Consistency with serious health condition leave under
title 5.--The Director of National Intelligence shall carry out
this section in a manner consistent, to the extent appropriate,
with the administration of leave taken under section 6382 of
title 5, United States Code, for a reason described in
subparagraph (C) or (D) of subsection (a)(1) of that section,
including with respect to the authority to require a
certification described in section 6383 of such title.
``(2) Implementation plan.--Not later than 1 year after the
date of enactment of this section, the Director of National
Intelligence shall submit to the congressional intelligence
committees an implementation plan that includes--
``(A) processes and procedures for implementing the
paid serious health condition leave policies under
subsections (b) through (d) during the period specified
in subsection (f);
``(B) an explanation of how such implementation
will be reconciled with policies of other elements of
the Federal Government, including the impact on
elements funded by the National Intelligence Program
that are housed within agencies outside the
intelligence community;
``(C) the projected impact of such implementation
on the workforce of the intelligence community,
including take rates, retention, recruiting, and
morale, broken down by each element of the intelligence
community; and
``(D) all costs or operational expenses associated
with such implementation.
``(3) Directive.--Not later than 90 days after the Director
of National Intelligence submits the implementation plan under
paragraph (2), the Director of National Intelligence shall
issue a written directive to implement this section, which
directive shall take effect on the date of issuance.
``(f) Duration of Authority.--The authority and requirements under
subsections (b) through (d) shall only apply during the 3-year period
beginning on the date on which the Director of National Intelligence
issues the written directive under subsection (e)(3).
``(g) Annual Report.--During the period specified in subsection
(f), the Director of National Intelligence shall submit to the
congressional intelligence committees an annual report that--
``(1) details the number of employees of each element of
the intelligence community who applied for and took paid
serious health condition leave during the year covered by the
report;
``(2) includes updates on major implementation challenges
or costs associated with paid serious health condition leave;
and
``(3) includes a recommendation of the Director with
respect to whether to extend the period specified in subsection
(f).''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 304 the following:
``Sec. 305. Temporary authority for paid leave for a serious health
condition.''.
(b) Applicability.--Section 305 of the National Security Act of
1947, as added by subsection (b), shall apply with respect to leave
taken in connection with a serious health condition (as defined in
subsection (a) of such section 305) that occurs or continues to exist
during the period specified in subsection (f) of such section.
SEC. 304. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.
(a) Prohibited Personnel Practices in the Intelligence Community.--
(1) Threats relating to personnel actions.--
(A) Agency employees.--Section 1104(b) of the
National Security Act of 1947 (50 U.S.C. 3234(b)) is
amended, in the matter preceding paragraph (1)--
(i) by striking ``Any employee of an
agency'' and inserting ``Any employee of a
covered intelligence community element or an
agency''; and
(ii) by inserting ``, or threaten to take
or fail to take,'' after ``take or fail to
take''.
(B) Contractor employees.--Section 1104(c)(1) of
such Act (50 U.S.C. 3234(c)(1)) is amended, in the
matter preceding subparagraph (A), by inserting ``, or
threaten to take or fail to take,'' after ``take or
fail to take''.
(2) Protection for contractor employees against reprisal
from agency employees.--Section 1104(c)(1) of such Act (50
U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this
subsection, is further amended, in the matter preceding
subparagraph (A), by inserting ``of an agency or'' after ``Any
employee''.
(3) Enforcement.--Subsection (d) of section 1104 of such
Act (50 U.S.C. 3234) is amended to read as follows:
``(d) Enforcement.--The President shall provide for the enforcement
of this section consistent, to the fullest extent possible, with the
policies and procedures used to adjudicate alleged violations of
section 2302(b)(8) of title 5, United States Code.''.
(b) Retaliatory Revocation of Security Clearances and Access
Determinations.--
(1) Enforcement.--Section 3001(j) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j))
is amended--
(A) by redesignating paragraph (8) as paragraph
(9); and
(B) by inserting after paragraph (7) the following:
``(8) Enforcement.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section consistent, to the fullest extent possible, with
the policies and procedures used to adjudicate alleged
violations of section 2302(b)(8) of title 5, United States
Code.''.
(2) Tolling of deadline for appeal of prohibited
reprisal.--Section 3001(j)(4) of such Act (50 U.S.C.
3341(j)(4)) is amended--
(A) in subparagraph (A), by inserting ``(except as
provided by subparagraph (D))'' after ``within 90
days''; and
(B) by adding at the end the following new
subparagraph:
``(D) Tolling.--The time requirement established by
subparagraph (A) for an employee or former employee to
appeal the decision of an agency may be tolled if the
employee or former employee presents substantial
credible evidence showing why the employee or former
employee did not timely initiate the appeal and why the
enforcement of the time requirement would be unfair,
such as evidence showing that the employee or former
employee--
``(i) did not receive notice of the
decision; or
``(ii) could not timely initiate the appeal
because of factors beyond the control of the
employee or former employee.''.
(c) Correction of Definition of Agency.--Section 3001(a)(1)(B) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)(1)(B)) is amended by striking ``and'' and inserting ``or''.
(d) Establishing Consistency With Respect to Protections for
Disclosures of Mismanagement.--
(1) Security clearance and access determinations.--Section
3001(j)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''; and
(B) in subparagraph (B)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(2) Personnel actions against contractor employees.--
Section 1104(c)(1)(B) of the National Security Act of 1947 (50
U.S.C. 3234(c)(1)(B)) is amended by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(e) Protected Disclosures to Supervisors.--
(1) Personnel actions.--
(A) Disclosures by agency employees to
supervisors.--Section 1104(b) of the National Security
Act of 1947 (50 U.S.C. 3234(b)), as amended by
subsection (a)(1)(A), is further amended, in the matter
preceding paragraph (1), by inserting ``a supervisor in
the employee's direct chain of command, or a supervisor
of the employing agency with responsibility for the
subject matter of the disclosure, up to and including''
before ``the head of the employing agency''.
(B) Disclosures by contractor employees to
supervisors.--Section 1104(c)(1) of such Act (50 U.S.C.
3234(c)(1)), as amended by subsection (a), is further
amended, in the matter preceding subparagraph (A), by
inserting ``a supervisor in the contractor employee's
direct chain of command, or a supervisor of the
contracting agency with responsibility for the subject
matter of the disclosure, up to and including'' before
``the head of the contracting agency''.
(2) Security clearance and access determinations.--Section
3001(j)(1)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, in
the matter preceding clause (i), by inserting ``a supervisor in
the employee's direct chain of command, or a supervisor of the
employing agency with responsibility for the subject matter of
the disclosure, up to and including'' before ``the head of the
employing agency''.
(f) Establishing Parity for Protected Disclosures.--Section 1104 of
the National Security Act of 1947 (50 U.S.C. 3234) is further amended--
(1) in subsection (b), as amended by subsections (a)(1)(A)
and (e)(1)(A)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs, as so redesignated, 2 ems to the
right;
(B) in the matter preceding subparagraph (A), as
redesignated and moved by subparagraph (A) of this
paragraph, by striking ``for a lawful disclosure'' and
inserting the following: ``for--
``(1) any lawful disclosure''; and
(C) by adding at the end the following:
``(2) any lawful disclosure that complies with--
``(A) subsections (a)(1), (d), and (g) of section
8H of the Inspector General Act of 1978 (5 U.S.C.
App.);
``(B) subparagraphs (A), (D), and (H) of section
17(d)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)); or
``(C) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(3) if the actions do not result in the employee
unlawfully disclosing information specifically required by
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs, any lawful
disclosure in conjunction with--
``(A) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation;
``(B) testimony for or otherwise lawfully assisting
any individual in the exercise of any right referred to
in subparagraph (A); or
``(C) cooperation with or disclosing information to
the Inspector General of an agency, in accordance with
applicable provisions of law in connection with an
audit, inspection, or investigation conducted by the
Inspector General.''; and
(2) in subsection (c)(1), as amended by subsections (a) and
(e)(1)(B)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving such
clauses, as so redesignated, 2 ems to the right;
(B) in the matter preceding clause (i), as
redesignated and moved by subparagraph (A) of this
paragraph, by striking ``for a lawful disclosure'' and
inserting the following: ``for--
``(A) any lawful disclosure''; and
(C) by adding at the end the following:
``(B) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (g) of section
8H of the Inspector General Act of 1978 (5 U.S.C.
App.);
``(ii) subparagraphs (A), (D), and (H) of section
17(d)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(C) if the actions do not result in the contractor
employee unlawfully disclosing information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign affairs,
any lawful disclosure in conjunction with--
``(i) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation;
``(ii) testimony for or otherwise lawfully
assisting any individual in the exercise of any right
referred to in clause (i); or
``(iii) cooperation with or disclosing information
to the Inspector General of an agency, in accordance
with applicable provisions of law in connection with an
audit, inspection, or investigation conducted by the
Inspector General.''.
(g) Clarification Relating to Protected Disclosures.--Section 1104
of the National Security Act of 1947 (50 U.S.C. 3234) is further
amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Rule of Construction.--Consistent with the protection of
sources and methods, nothing in subsection (b) or (c) shall be
construed to authorize--
``(1) the withholding of information from Congress; or
``(2) the taking of any personnel action against an
employee who lawfully discloses information to Congress.
``(e) Disclosures.--A disclosure shall not be excluded from this
section because--
``(1) the disclosure was made to an individual, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered under subsection (b)(1)(B) or
the contractor employee reasonably believed to be covered under
subsection (c)(1)(A)(ii);
``(2) the disclosure revealed information that had been
previously disclosed;
``(3) the disclosure was not made in writing;
``(4) the disclosure was made while the employee was off
duty;
``(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure; or
``(6) the disclosure was made during the normal course of
duties of an employee or contractor employee.''.
(h) Correction Relating to Normal Course Disclosures.--Section
3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(3)) is amended--
(1) by striking ``Disclosures.--'' and all that follows
through ``because--'' and inserting ``Disclosures.--A
disclosure shall not be excluded from paragraph (1) because--
'';
(2) by striking subparagraph (B);
(3) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the left;
(4) in subparagraph (D), as so redesignated, by striking
``or'' at the end;
(5) in subparagraph (E), as redesignated by paragraph (3),
by striking the period at the end and inserting ``; or''; and
(6) by adding at the end the following:
``(F) the disclosure was made during the normal
course of duties of an employee.''.
(i) Clarification Relating to Rule of Construction.--Section
3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(2)) is amended by inserting ``or clearance
action'' after ``personnel action''.
(j) Clarification Relating to Prohibited Practices.--Section
3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(1)), as amended by this section, is further
amended by striking ``over'' and inserting ``to take, direct others to
take, recommend, or approve''.
(k) Technical Correction.--Section 3001(j)(1)(C)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)(C)(i)) is amended by striking ``(h)'' and inserting ``(g)''.
(l) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report assessing the extent to which protections provided under
Presidential Policy Directive 19 (relating to protecting whistleblowers
with access to classified information) have been codified in statutes.
SEC. 305. CONGRESSIONAL OVERSIGHT OF CERTAIN SPECIAL ACCESS PROGRAMS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) is amended by inserting after section 501 the
following new section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 501A. CONGRESSIONAL OVERSIGHT OF CERTAIN SPECIAL ACCESS
PROGRAMS.
``(a) Reports and Notifications.--At the same time that the
Secretary of Defense submits any report or notification under section
119 of title 10, United States Code, that relates to a covered special
access program or a new covered special access program, the Secretary
shall also submit such report or notification to the congressional
intelligence committees.
``(b) Briefings.--On a periodic basis, but not less frequently than
semiannually, the Secretary of Defense shall provide to the chairmen
and ranking minority members of the congressional intelligence
committees, and to any staff of such a committee designated by either
the chair or ranking member for purposes of this subsection, a briefing
on covered special access programs. Each such briefing shall include,
at a minimum--
``(1) a description of the activity of the program during
the period covered by the briefing; and
``(2) documentation with respect to how the program has
achieved outcomes consistent with requirements documented by
the Director of National Intelligence and the Secretary of
Defense.
``(c) Notifications on Compartments and Subcompartments.--
``(1) Requirement.--Except as provided by paragraph (2), a
head of an element of the intelligence community may not
establish a compartment or a subcompartment under a covered
special access program until the head notifies the
congressional intelligence committees of such compartment or
subcompartment, as the case may be.
``(2) Waiver.--
``(A) Determination.--On a case-by-case basis, the
Director of National Intelligence may waive the
requirement under paragraph (1). Not later than two
days after making such a waiver, the Director shall
notify the congressional intelligence committees of the
waiver, including a justification for the waiver.
``(B) Submission.--Not later than 30 days after the
date on which the Director makes a waiver under
subparagraph (A), the head of the element of the
intelligence community for whom the waiver was made
shall submit to the congressional intelligence
committees the notification required under paragraph
(1) relating to such waiver.
``(d) Annual Reports.--
``(1) Requirement.--On an annual basis, the head of each
element of the intelligence community shall submit to the
congressional intelligence committees a report on covered
special access programs administered by the head.
``(2) Matters included.--Each report shall include, with
respect to the period covered by the report, the following:
``(A) A list of all compartments and
subcompartments of covered special access programs
active as of the date of the report.
``(B) A list of all compartments and
subcompartments of covered special access programs
terminated during the period covered by the report.
``(C) With respect to the report submitted by the
Director of National Intelligence, in addition to the
matters specified in subparagraphs (A) and (B)--
``(i) a certification regarding whether the
creation, validation, or substantial
modification, including termination, for all
existing and proposed covered special access
programs, and the compartments and
subcompartments within each, are substantiated
and justified based on the information required
by clause (ii); and
``(ii) for each certification--
``(I) the rationale for the
revalidation, validation, or
substantial modification, including
termination, of each covered special
access program, compartment, and
subcompartment;
``(II) the identification of a
control officer for each covered
special access program; and
``(III) a statement of protection
requirements for each covered special
access program.
``(e) Covered Special Access Program Defined.--In this section, the
term `covered special access program' means a special access program
that receives funding under the National Intelligence Program or the
Military Intelligence Program, relates to an intelligence or
intelligence-related activity, or both.''.
(b) First Report.--Not later than 30 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall submit to the congressional intelligence committees the
first report required under section 501A(d)(1) of the National Security
Act of 1947, as added by subsection (a).
(c) Conforming Repeal.--Section 608 of the Intelligence
Authorization Act for Fiscal Year 2017 (division N of Public Law 115-
31; 131 Stat. 833; 50 U.S.C. 3315) is amended by striking subsection
(b).
SEC. 306. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF FUNDING FOR
INTELLIGENCE ACTIVITIES.
Paragraph (1) of section 504(a) of the National Security Act of
1947 (50 U.S.C. 3094(a)) is amended to read as follows:
``(1) those funds were specifically authorized by Congress
for use for such intelligence or intelligence-related
activities; or''.
SEC. 307. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL INTELLIGENCE
FOR CERTAIN ACTIVITIES RELATING TO INTELLIGENCE COMMUNITY
WORKFORCE.
Title X of the National Security Act of 1947 (50 U.S.C. 3191 et
seq.) is amended by inserting after section 1024 the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 1025. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR CERTAIN WORKFORCE ACTIVITIES.
``(a) Authorization.--The Director may, with or without
reimbursement, obligate or expend amounts authorized to be appropriated
or otherwise made available for the Office of the Director of National
Intelligence for covered workforce activities for the purpose of
supporting a covered workforce activity of an element of the
intelligence community.
``(b) Covered Workforce Activity Defined.--In this section, the
term `covered workforce activity' means an activity relating to--
``(1) recruitment or retention of the intelligence
community workforce; or
``(2) diversity, equality, inclusion, or accessibility,
with respect to such workforce.''.
SEC. 308. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) Modifications to Requirement.--
(1) In general.--Section 304 of the National Security Act
of 1947 (50 U.S.C. 3073a) is amended to read as follows:
``SEC. 304. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
INTELLIGENCE OFFICERS AND EMPLOYEES.
``(a) Temporary Restriction.--An employee of an element of the
intelligence community who occupies a covered intelligence position may
not occupy a covered post-service position during the 30-month period
following the date on which the employee ceases to occupy a covered
intelligence position.
``(b) Covered Post-service Employment Reporting.--
``(1) Requirement.--During the 5-year period beginning on
the date on which an employee ceases to occupy a covered
intelligence position, the employee shall--
``(A) report covered post-service employment to the
head of the element of the intelligence community that
employed such employee in such covered intelligence
position upon accepting such covered post-service
employment; and
``(B) annually (or more frequently if the head of
such element considers it appropriate) report covered
post-service employment to the head of such element.
``(2) Regulations.--The head of each element of the
intelligence community shall issue regulations requiring, as a
condition of employment, each employee of such element
occupying a covered intelligence position to sign a written
agreement requiring the regular reporting of covered post-
service employment to the head of such element pursuant to
paragraph (1).
``(c) Penalties.--
``(1) Criminal penalties.--A former employee who knowingly
and willfully violates subsection (a) or who knowingly and
willfully fails to make a required report under subsection (b)
shall be fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both. Each report
under subsection (b) shall be subject to section 1001 of title
18, United States Code.
``(2) Security clearances.--The head of an element of the
intelligence community shall revoke the security clearance of a
former employee if the former employee knowingly and willfully
fails to make a required report under subsection (b) or
knowingly and willfully makes a false report under such
subsection.
``(d) Provision of Information.--
``(1) Training.--The head of each element of the
intelligence community shall regularly provide training on the
reporting requirements under subsection (b) to employees of
that element who occupy a covered intelligence position.
``(2) Written notice.--The head of each element of the
intelligence community shall provide written notice of the
reporting requirements under subsection (b) to an employee when
the employee ceases to occupy a covered intelligence position.
``(e) Annual Reports.--
``(1) Requirement.--Not later than March 31 of each year,
the Director of National Intelligence shall submit to the
congressional intelligence committees a report on covered post-
service employment occurring during the year covered by the
report.
``(2) Elements.--Each report under paragraph (1) shall
include the following:
``(A) The number of former employees who occupy a
covered post-service position, broken down by--
``(i) the name of the employer;
``(ii) the foreign government, including by
the specific foreign individual, agency, or
entity, for whom the covered post-service
employment is being performed; and
``(iii) the nature of the services provided
as part of the covered post-service employment.
``(B) A certification by the Director that--
``(i) each element of the intelligence
community maintains adequate systems and
processes for ensuring that former employees
are submitting reports required under
subsection (b);
``(ii) to the knowledge of the heads of the
elements of the intelligence community, all
former employees who occupy a covered post-
service position are in compliance with this
section;
``(iii) the services provided by former
employees who occupy a covered post-service
position do not--
``(I) pose a current or future
threat to the national security of the
United States; or
``(II) pose a counterintelligence
risk; and
``(iv) the Director and the heads of such
elements are not aware of any credible
information or reporting that any former
employee who occupies a covered post-service
position has engaged in activities that violate
Federal law, infringe upon the privacy rights
of United States persons, or constitute abuses
of human rights.
``(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(f) Notification.--In addition to the annual reports under
subsection (e), if a head of an element of the intelligence community
determines that the services provided by a former employee who occupies
a covered post-service position pose a threat or risk described in
clause (iii) of paragraph (2)(B) of such subsection, or include
activities described in clause (iv) of such paragraph, the head shall
notify the congressional intelligence committees of such determination
by not later than 7 days after making such determination. The
notification shall include the following:
``(1) The name of the former employee.
``(2) The name of the employer.
``(3) The foreign government, including the specific
foreign individual, agency, or entity, for whom the covered
post-service employment is being performed.
``(4) As applicable, a description of--
``(A) the risk to national security, the
counterintelligence risk, or both; and
``(B) the activities that may violate Federal law,
infringe upon the privacy rights of United States
persons, or constitute abuses of human rights.
``(g) Definitions.--In this section:
``(1) Covered intelligence position.--The term `covered
intelligence position' means a position within an element of
the intelligence community that, based on the level of access
of a person occupying such position to information regarding
sensitive intelligence sources or methods or other
exceptionally sensitive matters, the head of such element
determines should be subject to the requirements of this
section.
``(2) Covered post-service employment.--The term `covered
post-service employment' means direct or indirect employment
by, representation of, or any provision of advice or services
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.
``(3) Covered post-service position.--The term `covered
post-service position' means a position of employment described
in paragraph (2).
``(4) Employee.--The term `employee', with respect to an
employee occupying a covered intelligence position, includes an
officer or official of an element of the intelligence
community, a contractor of such an element, a detailee to such
an element, or a member of the Armed Forces assigned to such an
element.
``(5) Former employee.--The term `former employee' means an
individual--
``(A) who was an employee occupying a covered
intelligence position; and
``(B) who is subject to the requirements under
subsection (a) or (b).
``(6) Government of a foreign country.--The term
`government of a foreign country' has the meaning given the
term in section 1(e) of the Foreign Agents Registration Act of
1938 (22 U.S.C. 611(e)).''.
(2) Application.--Such section 304, as amended by paragraph
(1), shall apply with respect to employees who occupy covered
intelligence positions (as defined in such section) on or after
the date of the enactment of this Act.
(3) Revised regulations.--
(A) Submission.--Not later than 90 days after the
date of the enactment of this Act, the head of each
element of the intelligence community shall submit to
the congressional intelligence committees new or
updated regulations issued under such section 304, as
amended by paragraph (1).
(B) Certification.--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--
(i) a written certification for each head
of an element of the intelligence community who
has issued the updated regulations under such
section 304, as amended by paragraph (1); and
(ii) for each head of an element of the
intelligence community who has not issued such
updated regulations, an explanation for the
failure to issue such updated regulations.
(4) Initial report.--In the first report submitted by the
Director of National Intelligence under subsection (e) of such
section 304, as amended by paragraph (1), the Director shall
include an assessment of the licensing requirements under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) and
recommendations with respect to strengthening the activities
regulated under such section 304.
(b) Clerical Amendment.--The table of sections at the beginning of
such Act is amended by striking the item relating to section 304 and
inserting the following new item:
``Sec. 304. Requirements for certain employment activities by former
intelligence officers and employees.''.
SEC. 309. NON-REIMBURSABLE DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL
TO ASSIST WITH PROCESSING AND RESETTLEMENT OF REFUGEES,
PAROLEES, AND OTHER ALIENS FROM AFGHANISTAN.
Section 113A of the National Security Act of 1947 (50 U.S.C. 3049)
is amended--
(1) by striking ``An officer'' and inserting ``(a) In
General.--An officer'';
(2) by striking ``section'' both places it appears and
inserting ``subsection''; and
(3) by adding at the end the following new subsection:
``(b) Processing and Resettlement of Refugees, Parolees, and Other
Aliens From Afghanistan.--An officer or employee of an element of the
intelligence community may be detailed to another element of the United
States Government on a non-reimbursable basis for the purpose of
providing assistance with the processing and resettlement of refugees,
parolees, and other aliens, from Afghanistan, as jointly agreed to by
the heads of the receiving and detailing elements, for a period not to
exceed 1 year. This subsection does not limit any other source of
authority for reimbursable or non-reimbursable details. A non-
reimbursable detail made under this subsection shall not be considered
an augmentation of the appropriations of the receiving element of the
United States Government.''.
SEC. 310. AUTHORITY FOR TRANSPORT OF CERTAIN CANINES ASSOCIATED WITH
FORCE PROTECTION DUTIES OF INTELLIGENCE COMMUNITY.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
seq.) is amended by inserting after section 116 the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 116A. AUTHORITY FOR TRANSPORTATION OF CERTAIN CANINES ASSOCIATED
WITH FORCE PROTECTION DUTIES OF INTELLIGENCE COMMUNITY.
``(a) Transportation.--For purposes of section 1344 of title 31,
United States Code, the transportation of federally owned canines
associated with force protection duties of an element of the
intelligence community between the residence of an officer or employee
of the element and various locations that is essential for the
performance of the force protection duty shall be deemed essential for
the safe and efficient performance of intelligence duties.
``(b) Officers and Employees Covered.--In the administration of
section 1344 of title 31, United States Code, an officer or employee of
an element of the intelligence community shall be treated as being
listed in subsection (b).''.
SEC. 311. DEVELOPMENT OF DEFINITIONS FOR CERTAIN TERMS RELATING TO
INTELLIGENCE.
(a) Development.--Not later than September 30, 2023, the Director
of National Intelligence and the Under Secretary of Defense for
Intelligence and Security, in consultation with the heads of the
elements of the intelligence community, shall jointly develop and
publish definitions for the following terms:
(1) Acoustic intelligence.
(2) All-source intelligence.
(3) Communications intelligence.
(4) Critical intelligence.
(5) Cyber-threat intelligence.
(6) Electronic intelligence.
(7) Explosive ordnance intelligence.
(8) General military intelligence.
(9) Imagery intelligence.
(10) Instrumentation signals intelligence.
(11) Intelligence-related activity.
(12) Joint intelligence.
(13) Measurement and signature intelligence.
(14) Medical intelligence.
(15) Open-source intelligence.
(16) Operational intelligence.
(17) Scientific and technical intelligence.
(18) Signals intelligence.
(19) Strategic intelligence.
(20) Tactical intelligence.
(21) Target intelligence.
(22) Technical intelligence.
(23) Such others terms as may be jointly determined
necessary by the Director of National Intelligence and the
Under Secretary of Defense for Intelligence and Security.
(b) Application to Activities of Intelligence Community.--The
Director of National Intelligence shall ensure that the definitions
developed under subsection (a) are used uniformly across activities of
the intelligence community with respect to the corresponding terms
specified in such subsection.
(c) Notice of Modifications.--The Director of National Intelligence
and the Under Secretary of Defense for Intelligence shall submit to the
congressional intelligence committees notification of any modification
by the Director and Under Secretary to a definition of a term specified
in subsection (a) following the initial publication of the definition
under such subsection.
(d) Definitions.--In this section, the terms ``congressional
intelligence committees'' and ``intelligence community'' have the
meanings given such terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 312. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL PHENOMENA
TASK FORCE.
(a) Availability of Data on Unidentified Aerial Phenomena.--The
Director of National Intelligence shall ensure that each element of the
intelligence community with data relating to unidentified aerial
phenomena makes such data available immediately to the Unidentified
Aerial Phenomena Task Force, or successor entity, and to the National
Air and Space Intelligence Center.
(b) Quarterly Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than
quarterly thereafter, the Unidentified Aerial Phenomena Task
Force, or successor entity, shall submit to the appropriate
congressional committees a report on the findings of the
Unidentified Aerial Phenomena Task Force, or successor entity.
(2) Contents.--Each report submitted under paragraph (1)
shall include, at a minimum, the following:
(A) All reported unidentified aerial phenomena-
related events that occurred during the period covered
by the report.
(B) All reported unidentified aerial phenomena-
related events that occurred during a period other than
the period covered by the report but were not included
in an earlier report.
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in classified form, consistent with the protection
of intelligence sources and methods.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committees on Armed Services of the House
of Representatives and the Senate.
(2) Unidentified aerial phenomena task force.--The term
``Unidentified Aerial Phenomena Task Force'' means the task
force established by the Department of Defense on August 4,
2020, to be led by the Department of the Navy, under the Office
of the Under Secretary of Defense for Intelligence and
Security.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. NATIONAL COUNTERPROLIFERATION AND BIOSECURITY CENTER.
(a) Redesignation of Center.--Section 119A of the National Security
Act of 1947 (50 U.S.C. 3057) is amended by striking ``National Counter
Proliferation Center'' each place it appears and inserting ``National
Counterproliferation and Biosecurity Center''.
(b) Establishment and Head.--Subsection (a) of such section is
amended--
(1) in paragraph (1)--
(A) by striking ``government tools to prevent'' and
inserting ``government tools to--
``(A) prevent'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following new
subparagraph:
``(B) lead integration and mission management of all
intelligence activities pertaining to biosecurity and foreign
biological threats.''; and
(2) by adding at the end the following new paragraph:
``(4) The Director of the National Counterproliferation and
Biosecurity Center shall serve as the principal coordinator for the
intelligence community, and as the principal advisor to the Director of
National Intelligence, with respect to biosecurity and foreign
biological threats.''.
(c) Missions and Objectives.--Subsection (b) of such section is
amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(2) in the matter preceding subparagraph (A), as so
redesignated, by striking ``In establishing'' and inserting the
following:
``(1) Counterproliferation.--In establishing''; and
(3) by adding at the end the following new paragraph:
``(2) Biosecurity.--In establishing the National
Counterproliferation and Biosecurity Center, the President
shall address the following missions and objectives to ensure
that the Center serves as the lead for the intelligence
community for the integration, mission management, and
coordination of intelligence activities pertaining to
biosecurity and foreign biological threats, regardless of
origin:
``(A) Ensuring that the elements of the
intelligence community provide timely and effective
warnings to the President and the Director of National
Intelligence regarding emerging foreign biological
threats, including diseases with pandemic potential.
``(B) Overseeing and coordinating the collection
and analysis of intelligence on biosecurity and foreign
biological threats in support of the intelligence needs
of the Federal departments and agencies responsible for
public health, including by conveying collection
priorities to elements of the intelligence community.
``(C) Coordinating intelligence support to the
Federal departments and agencies responsible for public
health, including by ensuring that intelligence
pertaining to biosecurity and foreign biological
threats is disseminated among appropriately cleared
personnel of such departments and agencies.
``(D) Coordinating with the Federal departments and
agencies responsible for public health to encourage
information sharing with the intelligence community.
``(E) Identifying gaps in the capabilities of the
intelligence community regarding biosecurity and
countering foreign biological threats and providing to
the Director of National Intelligence recommended
solutions for such gaps, including by encouraging
research and development of new capabilities to counter
foreign biological threats.''.
(d) Conforming Amendments.--Such section is further amended--
(1) by striking ``counter proliferation'' each place it
appears and inserting ``counterproliferation''; and
(2) in the section heading, by striking ``counter
proliferation'' and inserting ``counterproliferation and
biosecurity'' (and conforming the table of sections at the
beginning of such Act accordingly).
(e) References.--Any reference in any law, regulation, guidance,
instruction, or other document of the United States Government to the
National Counter Proliferation Center shall be deemed to refer to the
National Counterproliferation and Biosecurity Center.
SEC. 402. CLARIFICATION OF CERTAIN RESPONSIBILITIES OF DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A(f)(8) of the National Security Act of 1947 (50 U.S.C.
3024(f)(8)) is amended by striking ``such other functions'' and
inserting ``such other intelligence-related functions''.
SEC. 403. RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE REGARDING
NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING FEDERAL
BUREAU OF INVESTIGATION.
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) Responsibility of Director of National Intelligence
Regarding National Intelligence Program Budget Concerning Federal
Bureau of Investigation.--(1) Consistent with subsection (c)(5)(C), the
Director of National Intelligence shall, after consultation with the
Director of the Federal Bureau of Investigation, ensure that the
programs and activities of the Federal Bureau of Investigation that are
part of the National Intelligence Program are executed in a manner that
conforms with the requirements of the national intelligence strategy
under section 108A and the National Intelligence Priorities Framework
of the Office of the Director of National Intelligence (or any
successor mechanism established for the prioritization of such programs
and activities).
``(2) Consistent with subsection (c)(5)(C), the Director of
National Intelligence shall ensure that the programs and activities
that are part of the National Intelligence Program, including those of
the Federal Bureau of Investigation, are structured and executed in a
manner than enables budget traceability.''.
SEC. 404. CLIMATE SECURITY ADVISORY COUNCIL.
(a) Reports.--Subsection (d) of section 120 of the National
Security Act of 1947 (50 U.S.C. 3060) is amended--
(1) by striking ``Not later'' and inserting the following:
``(1) Requirement.--Not later''; and
(2) by adding at the end the following new paragraph:
``(2) Matters included.--Each report under paragraph (1)
shall include a description of any obstacles or gaps relating
to--
``(A) the Council fulfilling its duties and
responsibilities under subsection (c); or
``(B) the responsiveness of the intelligence
community to the climate security needs and priorities
of the policymaking elements of the Federal
Government.''.
(b) Extension of Sunset; Technical Amendments.--Such section 120 is
amended--
(1) in subsection (b)(1)(B)(v), by inserting ``and
Security'' after ``for Intelligence'';
(2) by redesignating the second subsection (e) as
subsection (f); and
(3) in subsection (e), by striking ``the date that is 4
years after the date of the enactment of this section'' and
inserting ``December 31, 2025''.
Subtitle B--Other Elements
SEC. 411. PROTECTION OF CERTAIN FACILITIES AND ASSETS OF CENTRAL
INTELLIGENCE AGENCY FROM UNMANNED AIRCRAFT.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by inserting after section 15 the following new
section:
``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS OF CENTRAL
INTELLIGENCE AGENCY FROM UNMANNED AIRCRAFT.
``(a) Authority.--In accordance with subsection (b), the Director
shall have the same authority for the Agency as is available to the
Secretary of Homeland Security for the Department of Homeland Security
and the Attorney General for the Department of Justice under section
210G of the Homeland Security Act of 2002 (6 U.S.C. 124n), and shall be
subject to the same limitations and requirements under such section.
``(b) Administration.--For purposes of subsection (a)--
``(1) the reference in subsection (i) of section 210G of
the Homeland Security Act of 2002 (6 U.S.C. 124n) to `the date
that is 4 years after the date of enactment of this section'
shall be deemed to be a reference to `October 5, 2026';
``(2) the term `appropriate congressional committees' as
defined in paragraph (1) of subsection (k) of such section
shall be deemed to mean the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate; and
``(3) the term `covered facility or asset' as defined in
paragraph (3) of such subsection (k) shall be deemed to mean
installations, property, and persons--
``(A) that are located in the United States;
``(B) for which the Director may provide protection
pursuant to section 5(a)(4) or 15(a)(1) of this Act;
and
``(C) that the Director identifies as high-risk and
a potential target for unlawful unmanned aircraft
activity.''.
SEC. 412. MODIFICATION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
Section 1599h(b)(2)(A) of title 10, United States Code, is
amended--
(1) by striking ``paragraph (1)(B)'' and inserting
``subparagraph (B) of paragraph (1)''; and
(2) by inserting ``or employees appointed pursuant to the
first subparagraph (G) of such paragraph to any of 2 positions
of administration or management designated by the Director of
the National Geospatial-Intelligence Agency for purposes of
this subparagraph'' after ``this subparagraph''.
SEC. 413. REQUIREMENTS FOR TERMINATION OF DUAL-HAT ARRANGEMENT FOR
COMMANDER OF THE UNITED STATES CYBER COMMAND.
Section 1642 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2601), as amended by section
1636 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1748), is further amended--
(1) by striking subsections (a), (b), and (c), and
inserting the following new subsections:
``(a) Limitation on Termination of Dual-hat Arrangement.--The
Secretary of Defense may not terminate the dual-hat arrangement until
the date on which the Secretary submits to the appropriate committees
of Congress the certification under subsection (b)(1). The Secretary
shall implement such termination by not later than the first day of the
fiscal year following the fiscal year in which the Secretary submits
such certification.
``(b) Annual Submission of Information.--Together with the defense
budget materials for fiscal year 2023, and annually thereafter until
the termination of the dual-hat arrangement, the Secretary of Defense,
in coordination with the Director of National Intelligence, shall
submit to the appropriate committees of Congress a report containing
either of the following:
``(1) A certification that the United States Cyber Command
has met each of the following conditions:
``(A) Sufficient operational infrastructure has
been deployed to meet the unique cyber mission needs of
the United States Cyber Command.
``(B) Sufficient command and control systems and
processes have been established for planning,
deconflicting, and executing military cyber operations.
``(C) Capabilities have been established to enable
intelligence collection and operational preparation of
the environment for cyber operations consistent with
the United States Cyber Command reaching full
operational status.
``(D) Mechanisms have been established to train
cyber operations personnel, test cyber capabilities,
and rehearse cyber missions.
``(E) The United States Cyber Command has achieved
full operational capability.
``(2) If the Secretary, in coordination with the Director,
is not able to make the certification under paragraph (1)--
``(A) an identification of the items contained in
the defense budget materials that are related to
meeting the conditions specified in such paragraph; and
``(B) an assessment of the funding required to meet
such conditions during the period covered by the
future-years defense program under section 221 of title
10, United States Code.'';
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (c), as so redesignated, by adding at the
end the following new paragraph:
``(3) Defense budget materials.--The term `defense budget
materials' has the meaning given that term in section 231(f) of
title 10, United States Code.''.
SEC. 414. NATIONAL SPACE INTELLIGENCE CENTER.
(a) Findings.--Congress finds the following:
(1) Section 9081 of title 10, United States Code,
establishes the United States Space Force as an Armed Force
within the Department of the Air Force to, as stated in
subsection (c) of such section--
(A) provide freedom of operation for the United
States in, from, and to space;
(B) conduct space operations; and
(C) protect the interests of the United States in
space.
(2) The National Air and Space Intelligence Center,
headquartered at Wright-Patterson Air Force Base, Ohio, is the
primary source for foreign air and space threat analysis within
the intelligence enterprise of the Air Force.
(3) Section 8041 of the Department of Defense
Appropriations Act, 2020 (division A of Public Law 116-93; 133
Stat. 2345) prohibits the establishment of a new field
operating agency using funds made available under that Act,
although the Secretary of Defense or the Secretary of a
military department may waive the prohibition in cases where
the relevant Secretary determines that the establishment will
reduce the personnel or financial requirements of the relevant
department.
(b) Sense of Congress.--It is the sense of Congress that--
(1) space has become increasingly contested, congested, and
competitive, mandating an expanded need for space intelligence;
(2) to support this increasingly complex operational
environment, the Space Force should have its own intelligence
organization dedicated to providing the Joint Combat forces
with the required intelligence and analysis to support
operations;
(3) a prominent factor in the basing decision should
consider that co-locating the National Space Intelligence
Center with the National Air and Space Intelligence Center at
Wright-Patterson Air Force Base will provide an operational and
geographic synergy, which will greatly benefit combat
operations across the air and space operational environments;
(4) the Air Force has requested authority to establish the
National Space Intelligence Center as a field operating agency
to ensure the appropriate prioritization of analytic effort for
the space domain, enhance responsiveness to national-level
customers, and align command relationships with the Director of
Intelligence, Surveillance, and Reconnaissance of the Space
Force; and
(5) establishing the National Space Intelligence Center as
a field operating agency would be a resource-neutral
administrative realignment of billets, and would facilitate a
lean and agile space intelligence enterprise.
(c) Exception.--Notwithstanding section 8041 of the Department of
Defense Appropriations Act, 2020 (division A of Public Law 116-93; 133
Stat. 2345), or any other provision of law prohibiting the
establishment of a field operating agency, the Secretary of the Air
Force may establish the National Space Intelligence Center as a field
operating agency of the Space Force to perform the analysis and
production of scientific and technical intelligence on foreign space
and counter-space threat capabilities in the support of the Space
Force.
SEC. 415. PROCUREMENT BY FEDERAL BUREAU OF INVESTIGATION OF CHINESE
PRODUCTS AND SERVICES.
(a) Security Assessment.--The Director of the Federal Bureau of
Investigation may not procure a Chinese product or service unless,
before such procurement, the Counterintelligence Division of the
Federal Bureau of Investigation--
(1) conducts a security assessment of such product or
service, including with respect to any physical or cyber
vulnerabilities; and
(2) makes a recommendation to the Director regarding such
proposed procurement.
(b) Submission.--Not later than 30 days after the date on which the
Counterintelligence Division of the Bureau conducts a security
assessment under subsection (a), the Director shall submit to the
congressional intelligence committees a copy of such assessment and the
recommendation under paragraph (2) of such subsection.
(c) Chinese Product or Service Defined.--In this section, the term
``Chinese product or service'' means a product or service provided by
an entity that is owned or controlled by, or otherwise connected to,
the government of China.
SEC. 416. COUNTERINTELLIGENCE UNITS AT NON-INTELLIGENCE COMMUNITY
FEDERAL DEPARTMENTS AND AGENCIES.
(a) Establishment.--The Director of the Federal Bureau of
Investigation shall establish counterintelligence units in the
departments and agencies described in subsection (b). Such units shall
be composed of officers of the Counterintelligence Division of the
Federal Bureau of Investigation.
(b) Departments and Agencies Described.--The departments and
agencies described in this subsection are the following departments and
agencies of the United States Government:
(1) The Department of Agriculture.
(2) Any other department or agency that the Director, in
coordination with the Director of National Intelligence,
determines appropriate.
(c) Duties.--The Director of the Federal Bureau of Investigation
shall ensure that each counterintelligence unit established under
subsection (a) in a department or agency described in subsection (b)
carries out the following duties:
(1) Conducts assessments, in coordination with the
leadership of the department or agency, to determine the
counterintelligence posture of the department or agency,
including any components thereof.
(2) Informs and consults with the leadership of the
department or agency, including any components thereof, and
provides recommendations with respect to any
counterintelligence threats identified by the intelligence
community.
(3) Provides such administrative and technical support as
is necessary to develop, in coordination with the leadership of
the department or agency, a plan to eliminate or reduce the
threats described in paragraph (2).
(4) Serves as the primary point of contact for the
department or agency with respect to counterintelligence for
the intelligence community.
(d) Intelligence Community Support.--The heads of the elements of
the intelligence community shall ensure that relevant
counterintelligence information is provided to counterintelligence
units established under subsection (a) in a manner that is consistent
with the need to protect sources and methods.
SEC. 417. DETECTION AND MONITORING OF WILDFIRES.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the National Geospatial-Intelligence Agency, in accordance
with relevant provisions of law, should continue to manage the systems
of the National Geospatial-Intelligence Agency that enable the
FireGuard program of the Department of Defense.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of the National Geospatial-
Intelligence Agency, in consultation with the Secretary of Defense and
the heads of the departments and agencies of the United States
Government and other organizations that constitute the National
Interagency Fire Center, and any other relevant organization the
Director determines appropriate, shall submit to the appropriate
congressional committees a coordinated interagency report that--
(1) explains how to leverage existing resources to improve
processes and organization alignment;
(2) identifies future opportunities to improve the ability
to detect and track wildfires and support firefighting efforts;
and
(3) includes an explication of the relevant authorities
with respect to the matters under paragraphs (1) and (2).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).
TITLE V--ANOMALOUS HEALTH INCIDENTS AND OTHER HEALTH CARE MATTERS
SEC. 501. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN MEDICAL
OFFICERS OF CENTRAL INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by adding at the end the following new section:
``SEC. 26. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN MEDICAL
OFFICERS.
``(a) Office of Medical Services.--There is in the Agency an Office
of Medical Services.
``(b) Compensation.--Beginning not later than 1 year after the date
of the enactment of the Intelligence Authorization Act for Fiscal Year
2022, each medical officer of the Office of Medical Services who meets
the qualifications under subsection (c) shall be compensated during a
pay period pursuant to a pay range that is equal to the pay range
published in the Federal Register pursuant to section 7431(e)(1)(C) of
title 38, United States Code (for the corresponding pay period), for a
physician in the Veterans Health Administration in the District of
Columbia region with a medical subspecialty that is the equivalent of
the medical subspecialty of the officer.
``(c) Clinical Practice Qualifications.--A medical officer meets
the qualifications under this subsection if the officer provides direct
care services to patients in connection with the official duties of the
officer and--
``(1) maintains current, active, full, and unrestricted
licensure or registration as a physician from a State, the
District of Columbia, or a commonwealth or territory of the
United States;
``(2) holds active board certification and maintains
accreditation in an American Board of Medical Specialties
direct care clinical specialty; and
``(3) except as provided in subsection (d), maintains a
minimum of 160 hours per year of clinical practice in an
accredited clinic or hospital facility that is not affiliated
with the Central Intelligence Agency.
``(d) Exception for Overseas Service.--If a medical officer is a
medical officer located in a duty station outside of the United States
pursuant to a permanent change of station and greater than 50 percent
of the official duties of the officer in such duty station involve
direct patient care, the officer, in lieu of performing the minimum
hours under subsection (c)(3) on an annual basis, may perform up to 480
hours of clinical practice as specified in such subsection prior to
such change of station, to fulfil in advance the requirement under such
subsection for up to 3 years.
``(e) Clinical Practice Hours.--The head of the Office of Medical
Services shall make available to medical officers excused absence time
to allow for the maintenance of clinical practice hours in accordance
with subsection (c)(3).''.
SEC. 502. MEDICAL ADVISORY BOARD OF CENTRAL INTELLIGENCE AGENCY.
(a) Establishment.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.), as amended by section 501, is further amended by
adding at the end the following new section:
``SEC. 27. MEDICAL ADVISORY BOARD.
``(a) Establishment.--The Director shall establish within the
Agency a medical advisory board (in this section referred to as the
`Board').
``(b) Duties.--The Board shall--
``(1) conduct a study on the Office of Medical Services of
the Agency, and submit reports regarding such study, in
accordance with subsection (c); and
``(2) upon request, provide advice and guidance in
connection with any independent review of the Office conducted
by an inspector general.
``(c) Study.--
``(1) Objectives.--In conducting the study under subsection
(b)(1), the Board shall seek to--
``(A) contribute to the modernization and reform of
the Office of Medical Services;
``(B) ensure that the activities of the Office are
of the highest professional quality; and
``(C) ensure that all medical care provided by the
Office is provided in accordance with the highest
professional medical standards.
``(2) Reports.--The Board shall submit to the congressional
intelligence committees, in writing--
``(A) interim reports on the study; and
``(B) a final report on the study, which shall--
``(i) set forth in detail the findings of
the study and the recommendations of the Board,
based on such findings and taking into
consideration the objectives under paragraph
(1), regarding any changes to the activities of
the Office of Medical Services; and
``(ii) include, as applicable, any
additional or dissenting views submitted by a
member of the Board.
``(d) Membership.--
``(1) Number and appointment.--The Board shall be composed
of 11 members, appointed as follows:
``(A) 2 members appointed by the Chairman of the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(B) 2 members appointed by the ranking minority
member of the Permanent Select Committee on
Intelligence of the House of Representatives.
``(C) 2 members appointed by the Chairman of the
Select Committee on Intelligence of the Senate.
``(D) 2 members appointed by the Vice Chairman of
the Select Committee on Intelligence of the Senate.
``(E) 3 members appointed by the Director of
National Intelligence.
``(2) Chairperson.--During the first meeting under
subsection (e)(1), the members of the Board shall elect a
Chairperson of the Board. In addition to meeting the criteria
under paragraph (3), the Chairperson may not be an employee, or
former employee, of the Agency.
``(3) Criteria.--The members appointed under paragraph (1)
shall meet the following criteria:
``(A) Each member shall be a recognized expert in
at least 1 medical field, as demonstrated by
appropriate credentials.
``(B) Each member shall possess significant and
diverse medical experience, including clinical
experience.
``(C) Each member shall hold a security clearance
at the top secret level and be able to access sensitive
compartmented information.
``(4) Terms.--
``(A) In general.--Each member, including the
Chairperson, shall be appointed or elected, as
applicable, for the life of the Board.
``(B) Vacancies.--Any vacancy in the Board
occurring prior to the expiration of the term under
subparagraph (A) shall be filled in the manner in which
the original appointment or election was made.
``(5) Compensation and travel expenses.--
``(A) Compensation.--Except as provided in
subparagraph (B), each member of the Board, including
the Chairperson, may be compensated at not to exceed
the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged
in the actual performance of the duties under
subsection (b).
``(B) Exception for federal employees.--Members of
the Board, including the Chairperson, who are officers
or employees of the United States shall receive no
additional pay by reason of the service of the member
on the Board.
``(C) Travel expenses.--Each member of the Board,
including the Chairperson, while away from the home or
regular places of business of the member in the
performance of services for the Board, may be allowed
travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States
Code.
``(6) Detailees.--
``(A) In general.--Upon request of the Board, the
Director of National Intelligence may detail to the
Board, without reimbursement from the Board, any of the
personnel of the Office of the Director of National
Intelligence to assist in carrying out the duties under
subsection (b). Any such detailed personnel shall
retain the rights, status, and privileges of the
regular employment of the personnel without
interruption.
``(B) Clearance.--Any personnel detailed to the
Board under subparagraph (A) shall possess a security
clearance in accordance with applicable laws and
regulations concerning the handling of classified
information.
``(e) Meetings.--
``(1) Board meetings.--The Board shall meet not less
frequently than on a quarterly basis.
``(2) Meetings with congress.--The Board shall meet with
the congressional intelligence committees on a biannual basis.
``(f) Information Access.--
``(1) In general.--Except as provided in paragraph (2), the
Board may secure directly from any department or agency of the
United States Government information necessary to enable it to
carry out the duties under subsection (b) and, upon request of
the Chairperson of the Board, the head of that department or
agency shall furnish such information to the Board.
``(2) Exception.--The Director (without delegation) may
deny a request for information made by the Board pursuant to
paragraph (1), regardless of the agency from which such
information is requested.
``(3) Notification requirement.--If the Director denies a
request under paragraph (2), not later than 15 days after the
date of such denial, the Director shall submit to the
congressional intelligence committees a written notification of
such denial.
``(4) Briefings.--The Director shall ensure that the Board
receives comprehensive briefings on all activities of the
Office of Medical Services, including by promptly scheduling
such briefings at the request of the Board.
``(g) Termination.--The Board shall terminate on the date that is 5
years after the date of the first meeting of the Board.
``(h) Definitions.--In this section, the terms `congressional
intelligence committees' and `intelligence community' have the meanings
given such terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
(b) Deadline for Appointments; First Meetings.--
(1) Deadline for appointments.--Each member of the medical
advisory board established under section 27 of the Central
Intelligence Agency Act of 1949 (as added by subsection (a)),
including the Chairperson, shall be appointed or elected, as
applicable, in accordance with subsection (d) of such section
by not later than 45 days after the date of the enactment of
this Act.
(2) First board meeting.--Not later than 30 days after the
first date on which at least 7 members of the Board described
in paragraph (1) hold the security clearance and are able to
access information in accordance with subsection (d)(3)(C) of
such section 27, the Board shall meet. During such meeting, the
Director of the Central Intelligence Agency shall provide to
the Board a comprehensive briefing on all aspects of the Office
of Medical Services of the Central Intelligence Agency.
(3) First meeting with congress.--Not later than 30 days
after the date of the briefing under paragraph (2), the Board
described in such paragraph shall meet with the staff members
of the congressional intelligence committees to discuss topics
for the Board to examine in carrying out the duties under
subsection (b) of such section 27.
SEC. 503. REPORT ON PROTOCOLS FOR CERTAIN INTELLIGENCE COMMUNITY
EMPLOYEES AND DEPENDENTS.
(a) In General.--Beginning not later than 180 days after the date
of enactment of this Act, the President shall develop, for uniform
implementation across the elements of the intelligence community, each
of the protocols described in subsections (c) through (f). Such
protocols shall be subject to review and revision on a periodic basis,
and any implementation of such protocols shall be conducted in
accordance with applicable laws and current clinical and professional
practices of the interagency medical community.
(b) Privacy.--No data collected pursuant to any protocol under this
section may be used for research or analytical purposes without the
written consent of the individual from whom such data was collected
with respect to such use.
(c) Protocol on Baseline Medical Testing.--The protocol described
in this subsection is a protocol for conducting baseline medical
testing of covered employees, covered individuals, and the dependents
of covered employees who are included on the overseas travel orders of
the covered employee, with respect to anomalous health incidents. Such
protocol shall set forth the required elements of such baseline medical
testing, such as--
(1) standard lab collection and testing of relevant
biofluids;
(2) the conduct of relevant visual and auditory
examinations;
(3) the conduct of Acquired Brain Injury Tool assessments,
or other relevant assessments for balance, eye motion, and
cognition;
(4) the assessment of relevant medical histories; and
(5) the conduct of any other standard relevant medical or
neurological examinations, testing, or assessments.
(d) Protocols on Post-incident Medical Testing.--The protocols
described in this subsection are protocols to enable voluntary medical
testing and the coordination of treatment for covered employees,
covered individuals, and the dependents of covered employees, following
a reported anomalous health incident, such as--
(1) a protocol that sets forth elements, similar to the
elements described in subsection (c), of such testing;
(2) a protocol pertaining to the voluntary testing and
treatment for victims of anomalous health incidents who are
children;
(3) a protocol for ensuring that all victims of anomalous
health incidents receive access to prompt and consistent
medical treatment, including from medical professionals holding
appropriate security clearances and medical professionals with
expertise in child care;
(4) a protocol for ensuring that all victims of anomalous
health incidents are offered options for psychological
treatment for the effects of such incidents; and
(5) a protocol for ensuring that any testing, evaluation,
or collection of biofluids or other samples following a
reported anomalous health incident may be compared against the
baseline for the victim of the anomalous health incident, to
the extent the individual participated in the baseline medical
testing, consistent with subsections (b) and (c).
(e) Protocol on Information Collection, Storage, and
Safeguarding.--The protocol described in this subsection is a protocol
for the collection, storage, and safeguarding of information acquired
as a result of the protocols described in subsections (c) and (d).
(f) Protocol on Reporting Mechanisms.--The protocol described in
this subsection is a protocol for the reporting of matters relating to
anomalous health incidents by covered employees, covered individuals,
and the dependents of covered employees, including the development of a
system for the adjudication of complaints regarding medical treatment
received by such covered employees, covered individuals, and dependents
of covered employees.
(g) Report and Briefings.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the protocols described in subsections (c) through
(f).
(2) Elements.--Such report shall include the following
elements:
(A) A copy of each protocol under this section.
(B) A description of the following:
(i) Any interagency agreements,
authorities, or policies required to
effectively implement the protocols under this
section.
(ii) Any new facilities, medical equipment,
tools, training, or other resources required to
effectively implement such protocols.
(C) A timeline for the implementation of the
protocols under this section, including a proposal for
the prioritization of implementation with respect to
various categories of covered employees and the
dependents of covered employees.
(3) Briefing.--Not later than 60 days following the date of
submission of the report under paragraph (1), and biannually
thereafter, the Director shall provide to the congressional
intelligence committees a briefing regarding the implementation
of the protocols under this section.
(h) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee'' means
an individual who is an employee, assignee, or detailee of an
element of the intelligence community.
(2) Covered individual.--The term ``covered individual''
means a contractor to an element of the intelligence community.
(3) Dependent of a covered employee.--The term ``dependent
of a covered employee'' means, with respect to a covered
employee, a family member (including a child), as defined by
the Director of National Intelligence.
(4) Victim of an anomalous health incident.--The term
``victim of an anomalous health incident'' means a covered
employee, covered individual, or dependent of a covered
employee, who is, or is suspected to have been, affected by an
anomalous health incident.
SEC. 504. INSPECTOR GENERAL OF CENTRAL INTELLIGENCE AGENCY REVIEW OF
OFFICE OF MEDICAL SERVICES.
(a) Review.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Central
Intelligence Agency, in coordination with, and with the support of, the
Inspector General of the Intelligence Community, shall submit to the
congressional intelligence committees a report containing a review of
the responsibilities, authorities, resources, and performance of the
Office of Medical Services of the Central Intelligence Agency (in this
section referred to as the ``Office'').
(b) Matters Included.--The review under subsection (a) shall
include the following:
(1) A detailed description of the responsibilities and
authorities of the Office, as set forth in Federal law and any
applicable regulation, policy, or other document of the Central
Intelligence Agency.
(2) A detailed description of the budgetary, human, and
other resources available to the Office, including with respect
to employees and any other personnel.
(3) An assessment of the ability of the Office to
consistently discharge the responsibilities of the Office, with
an emphasis on the provision of medical treatment and care by
personnel of the Office, including with respect to--
(A) the roles of personnel of the Office, and of
senior officials of the Agency outside of the Office,
in determining what medical evaluation, treatment, and
care should be provided in a particular case, including
the provision of specialty care by medical personnel
outside of the Office;
(B) whether personnel of the Office consistently
provide appropriate and high-quality medical treatment
and care in accordance with standards set independently
by the professional medical community;
(C) whether the Office has sufficient human and
other resources, including personnel with specialized
background, qualifications, or expertise, to
consistently provide high-quality medical treatment and
care in accordance with standards set independently by
the professional medical community;
(D) whether personnel of the Office, including
personnel claiming specialized medical backgrounds and
expertise, are required by the Agency to maintain
current board certifications or other certifications
and licenses, and the extent to which the Office
verifies such certifications and licenses;
(E) the extent to which the Office makes consistent
and effective use of the specialized medical
background, qualifications, and expertise of the
personnel of the Office in providing medical treatment
and care;
(F) an assessment of whether personnel of the
Office who provide medical treatment and care, or who
make decisions with respect to such treatment or care,
are required to have extensive clinical or other
experience in directly treating patients, including in
areas requiring specialized background, qualifications,
or expertise;
(G) any factors that have frustrated or delayed the
provision of medical treatment and care by personnel of
the Office in significant cases; and
(H) any factors that have frustrated or could
frustrate prompt detection, effective oversight, and
swift remediation of problems within the Office,
including such factors that frustrate or delay the
provision of medical treatment and care in significant
cases.
(c) Independent Advice.--In conducting the review under subsection
(a), the Inspector General may obtain the advice of the medical
advisory board established under section 502.
(d) Form.--The report under subsection (a) shall be submitted in an
unclassified form to the extent practicable, consistent with the
protection of intelligence sources and methods, but may include a
classified annex.
SEC. 505. CLARIFICATION OF EFFECT OF CERTAIN BENEFITS RELATING TO
INJURIES TO THE BRAIN.
(a) Personnel of Central Intelligence Agency.--Subsection (d) of
section 19A of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3519b), as added by the HAVANA Act of 2021, is amended by adding at the
end the following new paragraph:
``(5) No effect on other benefits.--Payments made under
paragraph (2) are supplemental to any other benefit furnished
by the United States Government for which a covered dependent,
covered employee, or covered individual is entitled, and the
receipt of such payments may not affect the eligibility of such
a person to any other benefit furnished by the United States
Government.''.
(b) Personnel of Department of State.--Subsection (i) of section
901 of title IX of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b), as added by the HAVANA Act
of 2021, is amended by adding at the end the following new paragraph:
``(5) No effect on other benefits.--Payments made under
paragraph (2) are supplemental to any other benefit furnished
by the United States Government for which a covered dependent,
dependent of a former employee, covered employee, former
employee, or covered individual is entitled, and the receipt of
such payments may not affect the eligibility of such a person
to any other benefit furnished by the United States
Government.''.
TITLE VI--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 601. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN
AFGHANISTAN AND RELATED REGION.
(a) Requirement.--The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on the situation in Afghanistan and the covered
region.
(b) Matters.--The National Intelligence Estimate produced under
subsection (a) shall include, with respect to the 2-year period
beginning on the date on which the Estimate is produced, an assessment
of the following:
(1) The presence in Afghanistan (including financial
contributions to the Taliban, political relations with the
Taliban, military presence in the covered region, economic
presence in the covered region, and diplomatic presence in the
covered region) of China, Iran, Pakistan, Russia, and any other
foreign country determined relevant by the Director,
respectively, and an assessment of the potential risks, or
benefits, of any such presence, contributions, or relations.
(2) Any change in the threat to the United States homeland
or United States entities abroad as a result of the withdrawal
of the Armed Forces from Afghanistan on August 31, 2021,
including an assessment of the risk of al-Qaeda or any
affiliates thereof, the Islamic State of Iraq and ash Sham-
Khorasan or any affiliates thereof, or any other similar
international terrorist group, using Afghanistan as a safe
haven for launching attacks on the United States and its
interests abroad.
(3) The political composition and sustainability of the
governing body of Afghanistan, including an assessment of the
ability of the United States Government to influence the
policies of such governing body on the following:
(A) Counterterrorism.
(B) Counternarcotics.
(C) Human rights (particularly regarding women and
girls and traditionally targeted ethnic groups).
(D) The treatment and safe transit of Afghans
holding special immigrant visa status under section 602
of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note) and other Afghans who, during the period
beginning in 2001, assisted efforts of the United
States in Afghanistan or the covered region.
(4) The effect on the covered region, and Europe, of
refugees leaving Afghanistan.
(5) The commitments of the Taliban relating to
counterterrorism, including an assessment of--
(A) whether such commitments required under the
agreement entered into between the United States
Government and the Taliban in February 2020, have been
tested, or will be tested during the 2-year period
covered by the Estimate, and what such commitments
entail;
(B) whether any additional commitments relating to
counterterrorism agreed to by the Taliban pursuant to
subsequent negotiations with the United States
Government following February 2020, have been tested,
or will be tested during the 2-year period covered by
the Estimate, and, if applicable, what such commitments
entail;
(C) any benchmarks against which the Taliban are to
be evaluated with respect to commitments relating to
counterterrorism; and
(D) the intentions and capabilities of the Taliban
with respect to counterterrorism (as such term is
understood by the United States and by the Taliban,
respectively), including the relations of the Taliban
with al-Qaeda or any affiliates thereof, the Islamic
State of Iraq and ash Sham-Khorasan or any affiliates
thereof, or any other similar international terrorist
group.
(c) Submission to Congress.--
(1) Submission.--Not later than one year after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees the National Intelligence
Estimate produced under subsection (a), including all
intelligence reporting underlying the Estimate.
(2) Form.--The National Intelligence Estimate shall be
submitted under paragraph (1) in classified form.
(d) Public Version.--Consistent with the protection of intelligence
sources and methods, at the same time as the Director submits to the
congressional intelligence committees the National Intelligence
Estimate under subsection (c), the Director shall make publicly
available on the internet website of the Director an unclassified
version of the key findings of the National Intelligence Estimate.
(e) Definitions.--In this section:
(1) Covered region.--The term ``covered region'' includes
the following countries:
(A) China.
(B) The Gulf Cooperation Council countries,
including Qatar, Saudi Arabia, the United Arab
Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
(2) United states entity.--The term ``United States
entity'' means a citizen of the United States, an embassy or
consulate of the United States, or an installation, facility,
or personnel of the United States Government.
SEC. 602. REPORT ON LIKELIHOOD OF MILITARY ACTION BY COUNTRIES OF THE
SOUTH CAUCASUS.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report assessing the likelihood
of a South Caucasus country taking military action against another
country (including in Nagorno-Karabakh or any other disputed
territory). Such report shall include an indication of the strategic
balance in the region, including with respect to the offensive military
capabilities of each South Caucasus country.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) South Caucasus Country Defined.--In this section, the term
``South Caucasus country'' means any of the following:
(1) Armenia.
(2) Azerbaijan.
(3) Georgia.
SEC. 603. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS
RELATING TO AFGHANISTAN AND RELATED REGION.
(a) Report.--Not later than 90 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 the collection posture of the
intelligence community and other matters relating to Afghanistan and
the covered region.
(b) Matters.--The report under subsection (a) shall include the
following:
(1) A detailed description of the collection posture of the
intelligence community with respect to Afghanistan, including
with respect to the following:
(A) The countering of terrorism threats that are
directed at the United States homeland or United States
entities abroad.
(B) The finances of the Taliban, including
financial contributions to the Taliban from foreign
countries (particularly from China, Iran, Russia, and
any other foreign country in the Arab Gulf region (or
elsewhere) determined relevant by the Director,
respectively).
(C) The detection, and prevention of, any increased
threat to the United States homeland or United States
entities abroad as a result of the withdrawal of the
United States Armed Forces from Afghanistan on August
31, 2021, including any such increased threat resulting
from al-Qaeda or any affiliates thereof, the Islamic
State of Iraq and ash Sham-Khorasan or any affiliates
thereof, or any other similar international terrorist
group, using Afghanistan as a safe harbor.
(2) A detailed description of any plans, strategies, or
efforts to improve the collection posture described in
paragraph (1)(A), including by filling any gaps identified
pursuant to such paragraph.
(3) An assessment of the effect of publicly documenting
abuses engaged in by the Taliban, and a description of the
efforts of the intelligence community to support other
departments and agencies in the Federal Government with respect
to the collection and documentation of such abuses.
(4) An assessment of the relationship between the
intelligence community and countries in the covered region,
including an assessment of the following:
(A) Intelligence and information sharing with such
countries.
(B) Any change in the collection posture of the
intelligence community with respect to the nuclear
activities of such countries as a result of the
withdrawal of the United States Armed Forces from
Afghanistan on August 31, 2021.
(C) The collection posture of the intelligence
community with respect to the presence of such
countries in Afghanistan (including financial
contributions to the Taliban, political relations with
the Taliban, military presence in Afghanistan, economic
presence in Afghanistan, and diplomatic presence in
Afghanistan) and the understanding of the intelligence
community regarding the potential risks, or benefits,
of any such presence, contributions, or relations.
(D) The ability of the intelligence community to
use the airspace of any such countries.
(5) An assessment of any financial contributions to the
Taliban from foreign countries (particularly from China, Iran,
Russia, and any other foreign country in the Arab Gulf region
(or elsewhere) determined relevant by the Director,
respectively) made during the year preceding the withdrawal of
the United States Armed Forces from Afghanistan on August 31,
2021.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but shall include an unclassified summary.
(d) Biannual Updates.--On a biannual basis during the 5-year period
following the date of the submission of the report under subsection
(a), the Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community determined relevant
by the Director, shall submit to the congressional intelligence
committees an update to such report.
(e) Definitions.--In this section:
(1) Covered region.--The term ``covered region'' includes
the following countries:
(A) China.
(B) The Gulf Cooperation Council countries,
including Qatar, Saudi Arabia, the United Arab
Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
(2) United states entity.--The term ``United States
entity'' means a citizen of the United States, an embassy or
consulate of the United States, or an installation, facility,
or personnel of the United States Government.
SEC. 604. REPORT ON THREAT POSED BY EMERGING CHINESE TECHNOLOGY
COMPANIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Assistant Secretary of the Treasury for
Intelligence and Analysis and the Director of the Federal Bureau of
Investigation, shall submit to the congressional intelligence
committees a report on the threat to the national security of the
United States posed by emerging Chinese technology companies.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment of the threat to the national security of
the United States posed by emerging Chinese technology
companies, including with respect to--
(A) the practices of the companies and their
relationships to the government of China;
(B) the security of the communications, data, and
commercial interests of the United States; and
(C) the privacy interests of United States persons.
(2) An assessment of the ability of the United States to
counter any such threat, including with respect to different
tools that could counter such a threat.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(d) Emerging Chinese Technology Companies Defined.--In this
section, the term ``emerging Chinese technology companies'' means a
Chinese technology company, including a company listed on the Science
and Technology Innovation Board of the Shanghai Stock Exchange, that
the Assistant Secretary of the Treasury for Intelligence and Analysis
determines poses a significant threat to the national security of the
United States.
SEC. 605. REPORT ON COOPERATION BETWEEN CHINA AND UNITED ARAB EMIRATES.
(a) Requirement.--Not later than 60 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
that the Director determines appropriate, shall submit to the
congressional intelligence committees a report containing the
following:
(1) Details on the cooperation between China and the United
Arab Emirates regarding defense, security, technology, and
other strategically sensitive matters that implicate the
national security interests of the United States.
(2) The most recent, as of the date of the report,
quarterly assessment by the intelligence community of measures
that the United Arab Emirates has implemented to safeguard
technology of the United States and the reliability of any
assurances by the United Arab Emirates (with respect to both
current assurances and assurances being considered as of the
date of the report).
(3) A certification by the Director regarding whether such
assurances described in paragraph (2) are viable and sufficient
to protect technology of the United States from being
transferred to China or other third parties.
(b) Form.--The report under subsection (a) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
SEC. 606. REPORT ON PROPAGATION OF EXTREMIST IDEOLOGIES FROM SAUDI
ARABIA.
(a) Report.--Not later than February 1, 2022, the Director of
National Intelligence, in consultation with other relevant Federal
departments and agencies, shall submit to the congressional
intelligence committees a report on the threat of extremist ideologies
propagated from Saudi Arabia and the failure of the Government of Saudi
Arabia to prevent the propagation of such ideologies. Such report shall
include a detailed description of--
(1) the role of governmental and nongovernmental entities
and individuals of Saudi Arabia in promoting, funding, and
exporting ideologies, including so-called ``Wahhabist
ideology'', that inspire extremism or extremist groups in other
countries; and
(2) the practical and strategic consequences for vital
national security interests of the United States as a result of
such promotion, funding, or export.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 607. REPORT ON EFFECTS OF SANCTIONS BY UNITED STATES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Assistant Secretary of the Treasury for
Intelligence and Analysis, shall submit to the congressional
intelligence committees a report on how covered countries respond to
sanctions imposed by the United States.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment of whether sanctions imposed by the
United States on entities, individuals, or the governments of
covered countries have caused those countries to alter their
behavior.
(2) An assessment of the effectiveness of--
(A) continuing such sanctions; and
(B) imposing additional sanctions.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(d) Covered Country Defined.--In this section, the term ``covered
country'' means--
(1) China;
(2) Iran;
(3) Russia; and
(4) any other foreign country the Assistant Secretary of
the Treasury for Intelligence and Analysis determines
appropriate.
TITLE VII--REPORTS AND OTHER MATTERS
SEC. 701. PILOT PROGRAM FOR SECURITY VETTING OF CERTAIN INDIVIDUALS.
(a) Establishment.--The Under Secretary of Defense for Intelligence
and Security may establish a pilot program to identify risks associated
with individuals who are performing unclassified research funded by the
Department of Defense who would not otherwise undergo Federal personnel
vetting.
(b) Elements.--In carrying out the pilot program under this
section, the Under Secretary of Defense for Intelligence and Security
may--
(1) identify the size of the population to be vetted under
the pilot program;
(2) establish a process to obtain information from
individuals to be vetted under the pilot program;
(3) determine the criteria to evaluate national security
risks to research funded by the Department of Defense from
individuals who are participating in such research;
(4) establish a process to conduct vetting, including
referrals to appropriate counterintelligence and law
enforcement entities, for the population to be screened under
the pilot program; and
(5) carry out the process described in paragraph (4) with
respect to the population to be screened under the pilot
program.
(c) Report.--Before commencing the pilot program under this
section, the Under Secretary of Defense for Intelligence and Security
shall submit to the appropriate congressional committees a report
containing details of the planned elements of the pilot program under
subsection (b).
(d) Briefings.--Not less frequently than annually during the 3-year
period beginning on the date that is 1 year after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence
and Security shall provide to the appropriate congressional committees
a briefing on the status of the pilot program under this section.
(e) Termination.--The authority to conduct the pilot program under
this section shall terminate on the date that is 5 years after the date
of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as such term is
defined in section 101(a) of title 10, United States Code).
SEC. 702. INTELLIGENCE ASSESSMENT AND REPORTS ON FOREIGN RACIALLY
MOTIVATED VIOLENT EXTREMISTS.
(a) Intelligence Assessment.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence, acting through the Director of the National
Counterterrorism Center, in coordination with the Director of
the Federal Bureau of Investigation and the Under Secretary of
Homeland Security for Intelligence and Analysis, and in
consultation with other relevant Federal departments and
agencies, shall submit to the appropriate congressional
committees an intelligence assessment on significant threats to
the United States associated with foreign racially motivated
violent extremist organizations.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) A list of foreign racially motivated violent
extremist organizations that pose a significant threat
to the national security of the United States.
(B) With respect to each such organization--
(i) an overview of the membership,
ideology, and activities;
(ii) a description of any transnational
links to the United States or United States
persons;
(iii) a description of the leadership,
plans, intentions, and capabilities;
(iv) whether (and if so, to what extent)
foreign governments or their proxies provide
any manner of support to such organizations,
including a list of each such foreign
government or proxy;
(v) a description of the composition and
characteristics of the members and support
networks, including whether (and if so, to what
extent) the members are also a part of a
military, security service, or police;
(vi) a description of financing and other
forms of material support;
(vii) an assessment of trends and patterns
relative to communications, travel, and
training (including whether and to what extent
the organization is engaged in or facilitating
military or paramilitary training);
(viii) an assessment of the radicalization
and recruitment, including an analysis of the
extremist messaging motivating members and
supporters; and
(ix) whether (and if so, to what extent)
foreign governments have sufficient laws and
policies to counter threats to the United
States associated with the organization,
including best practices and gaps.
(C) An assessment of the status and extent of
information sharing, intelligence partnerships, foreign
police cooperation, and mutual legal assistance between
the United States and foreign governments relative to
countering threats to the United States associated with
foreign racially motivated violent extremist
organizations.
(D) An assessment of intelligence gaps and
recommendations on how to remedy such gaps.
(E) An opportunity analysis regarding countering
such threats, including, at a minimum, with respect to
mitigating and disrupting the transnational nexus.
(3) Standards.--The intelligence assessment under paragraph
(1) shall be conducted in a manner that meets the analytic
integrity and tradecraft standards of the intelligence
community.
(4) Form.--The intelligence assessment under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex in electronic form that is fully indexed and
searchable. In carrying out this paragraph, the officials
specified in paragraph (1) shall--
(A) ensure that the assessment is unclassified to
the extent possible; and
(B) ensure that the assessment is drafted in a way
to maximize the ability to share the assessment,
including the classified annex, with the entities under
paragraph (5).
(5) Sharing.--Consistent with the protection of classified
information, the Director of National Intelligence, acting
through the Director of the National Counterterrorism Center,
in coordination with the Director of the Federal Bureau of
Investigation and the Under Secretary of Homeland Security for
Intelligence and Analysis, shall share the intelligence
assessment under paragraph (1) with--
(A) appropriate Federal departments and agencies;
(B) Joint Terrorism Task Forces and the Domestic
Terrorism-Hate Crimes Fusion Cell of the Federal Bureau
of Investigation;
(C) State, local, and Tribal law enforcement
officials, including officials who operate within
State, local, and regional fusion centers through the
Department of Homeland Security State, Local, and
Regional Fusion Center Initiative established in
accordance with section 210A of the Homeland Security
Act of 2002 (6 U.S.C. 124h); and
(D) appropriate foreign governments, including
foreign intelligence services and foreign police, and
international institutions, that partner with the
United States on countering significant threats
associated with foreign racially motivated violent
extremist organizations.
(b) Report.--
(1) Requirement.--Not later than 150 days after the date of
the enactment of this Act, the Director of National
Intelligence, acting through the Director of the National
Counterterrorism Center, in coordination with the Secretary of
State, the Secretary of the Treasury, the Attorney General, the
Secretary of Homeland Security, and in a manner consistent with
the authorities and responsibilities of such Secretary or
Director, shall submit to the appropriate congressional
committees a report on the use of Federal laws, regulations,
and policies by the Federal Government to counter significant
threats to the United States and United States persons
associated with foreign racially motivated violent extremist
organizations.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An identification, description, and assessment
of the use and efficacy of, Federal laws, regulations,
and policies used by the Federal Government to address
significant threats to the United States and United
States persons associated with foreign racially
motivated violent extremist organizations, including
pursuant to--
(i) section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485) and section 119 of the National Security
Act of 1949 (50 U.S.C. 3056), particularly with
respect to the coordination and integration of
all instruments of national power;
(ii) Executive Order 12333 (50 U.S.C. 3001
note), as amended;
(iii) the designation of foreign terrorist
organizations under section 219 of the
Immigration and Nationality Act (8 U.S.C.
1189);
(iv) the designation of specially
designated terrorists, specially designated
global terrorists, or specially designated
nationals and blocked persons, pursuant to
Executive Orders 13886, 13372, and 13224 and
parts 594, 595, 596, and 597 of title 31, Code
of Federal Regulations;
(v) National Security Presidential
Memorandums 7 and 9, particularly with respect
to the sharing of terrorism information and
screening and vetting activities; and
(vi) any other applicable Federal laws,
regulations, or policies.
(B) An assessment of whether (and if so, to what
extent and why) such Federal laws, regulations, and
policies are sufficient to counter such threats,
including a description of any gaps and specific
examples to illustrate such gaps.
(C) Recommendations regarding how to remedy the
gaps under subparagraph (B).
(3) Privacy and civil liberties assessment.--Not later than
180 days after the date of the enactment of this Act, the
Privacy and Civil Liberties Oversight Board, in consultation
with the civil liberties and privacy officers of the Federal
departments and agencies the Board determines appropriate,
shall submit to the appropriate congressional committees a
report containing--
(A) an assessment of the impacts on the privacy and
civil liberties of United States persons concerning the
use or recommended use of any Federal laws,
regulations, and policies specified in paragraph (2);
and
(B) recommendations on options to develop
protections to mitigate such impacts.
(4) Form.--The reports under paragraphs (1) and (2) shall
be submitted in unclassified form, but may include a classified
annex in electronic form that is fully indexed and searchable.
In carrying out this paragraph, the officials responsible for
submitting such reports shall ensure that the reports are
unclassified to the extent possible.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence,
the Committee on Homeland Security, the Committee on
Foreign Affairs, and the Committee on the Judiciary of
the House of Representatives; and
(B) the Select Committee on Intelligence, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, and the
Committee on the Judiciary of the Senate.
(2) Terrorism information.--The term ``terrorism
information'' has the meaning given that term in section
1016(a) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485(a)).
(3) United states person.--The term ``United States
person'' has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
SEC. 703. PERIODIC REPORT ON POSITIONS IN INTELLIGENCE COMMUNITY THAT
CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED
INFORMATION, NETWORKS, OR FACILITIES.
Section 6610 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3352e) is amended--
(1) by striking ``this Act and not less frequently than
once every 5 years thereafter,'' and inserting ``this Act, and
biennially thereafter,''; and
(2) by adding at the end the following new sentence: ``Such
report shall take into account the potential effect of
maintaining continuity of operations during a covered national
emergency (as defined by section 303 of the Intelligence
Authorization Act for Fiscal Year 2021 (division W of Public
Law 116-260)) and the assessed needs of the intelligence
community to maintain such continuity of operations.''.
SEC. 704. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.
(a) Requirement.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 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. 1111. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.
``(a) Reports.--On a biennial basis until the date that is 10 years
after the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2022, the Director of National Intelligence shall
submit to the congressional intelligence committees a comprehensive
report on the activities, prioritization, and responsibilities of the
intelligence community with respect to foreign biological threats
emanating from the territory of, or sponsored by, a covered country.
``(b) Matters Included.--Each report under subsection (a) shall
include, with respect to foreign biological threats emanating from the
territory of, or sponsored by, a covered country, the following:
``(1) A detailed description of all activities relating to
such threats undertaken by each element of the intelligence
community, and an assessment of any gaps in such activities.
``(2) A detailed description of all duties and
responsibilities relating to such threats explicitly authorized
or otherwise assigned, exclusively or jointly, to each element
of the intelligence community, and an assessment of any
identified gaps in such duties or responsibilities.
``(3) A description of the coordination among the relevant
elements of the intelligence community with respect to the
activities specified in paragraph (1) and the duties and
responsibilities specified in paragraph (2).
``(4) An inventory of the strategies, plans, policies, and
interagency agreements of the intelligence community relating
to the collection, monitoring, analysis, mitigation, and
attribution of such threats, and an assessment of any
identified gaps therein.
``(5) A description of the coordination and interactions
among the relevant elements of the intelligence community and
non-intelligence community partners.
``(6) An assessment of foreign malign influence efforts
relating to such threats, and a description of how the
intelligence community contributes to efforts by non-
intelligence community partners to counter such foreign malign
influence.
``(c) Form.--Each report submitted under subsection (a) may be
submitted in classified form, but if so submitted shall include an
unclassified executive summary.
``(d) Definitions.--In this section:
``(1) Covered country.--The term `covered country' means--
``(A) China;
``(B) Iran;
``(C) North Korea;
``(D) Russia; and
``(E) any other foreign country--
``(i) from which the Director of National
Intelligence determines a biological threat
emanates; or
``(ii) that the Director determines has a
known history of, or has been assessed as
having conditions present for, infectious
disease outbreaks or epidemics.
``(2) Foreign biological threat.--The term `foreign
biological threat' means biological warfare, bioterrorism,
naturally occurring infectious diseases, or accidental
exposures to biological materials, without regard to whether
the threat originates from a state actor, a non-state actor,
natural conditions, or an undetermined source.
``(3) Foreign malign influence.--The term `foreign malign
influence' has the meaning given such term in section 119C(e).
``(4) Non-intelligence community partner.--The term `non-
intelligence community partner' means a Federal department or
agency that is not an element of the intelligence community.''.
(b) First Report.--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 the first report
required under section 1111 of the National Security Act of 1947, as
added by subsection (a).
SEC. 705. ANNUAL REPORTS ON DOMESTIC ACTIVITIES OF INTELLIGENCE
COMMUNITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Bureau of Investigation and the Department
of Homeland Security conduct vital work in enforcing the rule
of law and safeguarding the people of the United States from
harm;
(2) the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) sought to facilitate
greater information sharing between law enforcement and
intelligence communities for the purpose of thwarting attacks
on the homeland from international terrorist organizations;
(3) National Intelligence Program funds should be expended
only in support of intelligence activities with a foreign
nexus, consistent with the definition of ``intelligence''
provided by Congress in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003); and
(4) the intelligence community should not engage in the
collection, assessment, or analysis of information that
pertains exclusively to United States persons absent a foreign
nexus.
(b) Requirement.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 704, is further amended by
adding at the end the following new section (and conforming the table
of contents at the beginning of such Act accordingly):
``SEC. 1112. ANNUAL REPORTS ON THE DOMESTIC ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
``(a) Reports.--Not later than January 31 of each year, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report--
``(1) identifying all domestic activities undertaken by
each element of the intelligence community during the prior
fiscal year; and
``(2) for each activity identified under paragraph (1), a
statement of the legal authority authorizing such activity to
be undertaken.
``(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.''.
(c) First Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees the first report
required under section 1112 of the National Security Act of 1947, as
added by subsection (a).
SEC. 706. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES PROCURED BY
INTELLIGENCE COMMUNITY AND FOREIGN COMMERCIAL PROVIDERS
OF CYBER VULNERABILITIES.
(a) Requirement.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 705, is further amended by
adding at the end the following new section (and conforming the table
of contents at the beginning of such Act accordingly):
``SEC. 1113. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES PROCURED
BY INTELLIGENCE COMMUNITY AND FOREIGN COMMERCIAL
PROVIDERS OF CYBER VULNERABILITIES.
``(a) Annual Reports.--On an annual basis through 2026, the
Director of the Central Intelligence Agency and the Director of the
National Security Agency, in coordination with the Director of National
Intelligence, shall jointly submit to the congressional intelligence
committees a report containing information on foreign commercial
providers and the cyber vulnerabilities procured by the intelligence
community through foreign commercial providers.
``(b) Elements.--Each report under subsection (a) shall include,
with respect to the period covered by the report, the following:
``(1) A description of each cyber vulnerability procured
through a foreign commercial provider, including--
``(A) a description of the vulnerability;
``(B) the date of the procurement;
``(C) whether the procurement consisted of only
that vulnerability or included other vulnerabilities;
``(D) the cost of the procurement;
``(E) the identity of the commercial provider and,
if the commercial provider was not the original
supplier of the vulnerability, a description of the
original supplier;
``(F) the country of origin of the vulnerability;
and
``(G) an assessment of the ability of the
intelligence community to use the vulnerability,
including whether such use will be operational or for
research and development, and the approximate timeline
for such use.
``(2) An assessment of foreign commercial providers that--
``(A) pose a significant threat to the national
security of the United States; or
``(B) have provided cyber vulnerabilities to any
foreign government that--
``(i) has used the cyber vulnerabilities to
target United States persons, the United States
Government, journalists, or dissidents; or
``(ii) has an established pattern or
practice of violating human rights or
suppressing dissent.
``(3) An assessment of whether the intelligence community
has conducted business with the foreign commercial providers
identified under paragraph (2) during the 5-year period
preceding the date of the report.
``(c) Form.--Each report under subsection (a) may be submitted in
classified form.
``(d) Definitions.--In this section:
``(1) Commercial provider.--The term `commercial provider'
means any person that sells, or acts as a broker, for a cyber
vulnerability.
``(2) Cyber vulnerability.--The term `cyber vulnerability'
means any tool, exploit, vulnerability, or code that is
intended to compromise a device, network, or system, including
such a tool, exploit, vulnerability, or code procured by the
intelligence community for purposes of research and
development.''.
(b) First Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
and the Director of the National Security Agency shall jointly submit
to the appropriate congressional committees the first report required
under section 1113 of the National Security Act of 1947, as added by
subsection (a).
SEC. 707. IMPROVEMENTS TO ANNUAL REPORT ON DEMOGRAPHIC DATA OF
EMPLOYEES OF INTELLIGENCE COMMUNITY.
Section 5704(c) of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3334b(c)) is amended--
(1) in the matter preceding paragraph (1), by striking
``After making available a report under subsection (b), the
Director of National Intelligence shall annually provide a
report'' and inserting ``Not later than March 31 of each year,
the Director of National Intelligence shall provide a report'';
and
(2) by striking paragraph (1) and inserting the following
new paragraph:
``(1) demographic data and information on the status of
diversity and inclusion efforts of the intelligence community,
including demographic data relating to--
``(A) the average years of service;
``(B) the average number of years of service for
each level in the General Schedule, Senior Executive
Service, Senior Intelligence Service, or equivalent;
and
``(C) career categories;''.
SEC. 708. NATIONAL INTELLIGENCE ESTIMATE ON ESCALATION AND DE-
ESCALATION OF GRAY ZONE ACTIVITIES IN GREAT POWER
COMPETITION.
(a) Findings.--Congress finds the following:
(1) The conventional power of the United States has driven
foreign adversaries to a level of competition that does not
always depend on military confrontation with the United States.
(2) Rather than challenging the United States in a manner
that could provoke a kinetic military response, foreign
adversaries of the United States have turned to carrying out
gray zone activities to advance the interests of such
adversaries, weaken the power of the United States, and erode
the norms that underpin the United States-led international
order.
(3) Gray zone activity falls on a spectrum of attribution
and deniability that ranges from covert adversary operations,
to detectible covert adversary operations, to unattributable
adversary operations, to deniable adversary operations, to open
adversary operations.
(4) To adequately address such a shift to gray zone
activity, the United States must understand what actions tend
to either escalate or de-escalate such activity by our
adversaries.
(5) The laws, principles, and values of the United States
are strategic advantages in great power competition with
authoritarian foreign adversaries that carry out gray zone
activities, because such laws, principles, and values increase
the appeal of the governance model of the United States, and
the United States-led international order, to states and
peoples around the world.
(6) The international security environment has demonstrated
numerous examples of gray zone activities carried out by
foreign adversaries, including the following activities of
foreign adversaries:
(A) Information operations, such as efforts by
Russia to influence the 2020 United States Federal
elections (as described in the March 15, 2021,
intelligence community assessment of the Office of the
Director of National Intelligence made publicly
available on March 15, 2021).
(B) Adversary political coercion operations, such
as the wielding of energy by Russia, particularly in
the context of Ukrainian gas pipelines, to coerce its
neighbors into compliance with its policies.
(C) Cyber operations, such as the use by China of
cyber tools to conduct industrial espionage.
(D) Provision of support to proxy forces, such as
the support provided by Iran to Hezbollah and Shia
militia groups.
(E) Provocation by armed forces controlled by the
government of the foreign adversary through measures
that do not rise to the level of an armed attack, such
as the use of the China Coast Guard and maritime
militia by China to harass the fishing vessels of other
countries in the South China Sea.
(F) Alleged uses of lethal force on foreign soil,
such as the 2018 poisoning of Sergei Skripal in London
by Russia.
(G) The potential use by an adversary of technology
that causes anomalous health incidents among United
States Government personnel.
(b) National Intelligence Estimate.--
(1) Requirement.--The Director of National Intelligence,
acting through the National Intelligence Council, shall produce
a National Intelligence Estimate on how foreign adversaries use
gray zone activities to advance interests, what responses by
the United States (or the allies or partners of the United
States) would tend to result in the escalation or de-escalation
of such gray zone activities by foreign adversaries, and any
opportunities for the United States to minimize the extent to
which foreign adversaries use gray zone activities in
furtherance of great power competition.
(2) Matters included.--To the extent determined appropriate
by the National Intelligence Council, the National Intelligence
Estimate produced under paragraph (1) may include an assessment
of the following topics:
(A) Any potential or actual lethal or harmful gray
zone activities carried out against the United States
by foreign adversaries, including against United States
Government employees and United States persons, whether
located within or outside of the United States.
(B) To the extent such activities have occurred, or
are predicted to occur--
(i) opportunities to reduce or deter any
such activities; and
(ii) any actions of the United States
Government that would tend to result in the
escalation or de-escalation of such activities.
(C) Any incidents in which foreign adversaries
could have used, but ultimately did not use, gray zone
activities to advance the interests of such
adversaries, including an assessment as to why the
foreign adversary ultimately did not use gray zone
activities.
(D) The effect of lowering the United States
Government threshold for the public attribution of
detectible covert adversary operations, unattributable
adversary operations, and deniable adversary
operations.
(E) The effect of lowering the United States
Government threshold for responding to detectible
covert adversary operations, unattributable adversary
operations, and deniable adversary operations.
(F) The extent to which the governments of foreign
adversaries exercise control over any proxies or
parastate actors used by such governments in carrying
out gray zone activities.
(G) The extent to which gray zone activities
carried out by foreign adversaries affect the private
sector of the United States.
(H) The international norms that provide the
greatest deterrence to gray zone activities carried out
by foreign adversaries, and opportunities for
strengthening those norms.
(I) The effect, if any, of the strengthening of
democratic governance abroad on the resilience of
United States allies and partners to gray zone
activities.
(J) Opportunities to strengthen the resilience of
United States allies and partners to gray zone
activities, and associated tactics, carried out by
foreign adversaries.
(K) Opportunities for the United States to improve
the detection of, and early warning for, such
activities and tactics.
(L) Opportunities for the United States to
galvanize international support in responding to such
activities and tactics.
(3) Submission to congress.--
(A) Submission.--Not later than 1 year after the
date of the enactment of this Act, the Director shall
submit to the congressional intelligence committees the
National Intelligence Estimate produced under paragraph
(1), including all intelligence reporting underlying
the Estimate.
(B) Notice regarding submission.--If at any time
before the deadline specified in subparagraph (A), the
Director determines that the National Intelligence
Estimate produced under paragraph (1) cannot be
submitted by such deadline, the Director shall (before
such deadline) submit to the congressional intelligence
committees a report setting forth the reasons why the
National Intelligence Estimate cannot be submitted by
such deadline and an estimated date for the submission
of the National Intelligence Estimate.
(C) Form.--Any report under subparagraph (B) shall
be submitted in unclassified form.
(4) Public version.--Consistent with the protection of
intelligence sources and methods, at the same time as the
Director submits to the congressional intelligence committees
the National Intelligence Estimate under paragraph (1), the
Director shall make publicly available on the internet website
of the Director an unclassified version of the key findings of
the National Intelligence Estimate.
(5) Definitions.--In this subsection:
(A) Gray zone activity.--The term ``gray zone
activity'' means an activity to advance the national
interests of a State that--
(i) falls between ordinary statecraft and
open warfare;
(ii) is carried out with an intent to
maximize the advancement of interests of the
state without provoking a kinetic military
response by the United States; and
(iii) falls on a spectrum that ranges from
covert adversary operations, to detectible
covert adversary operations, to unattributable
adversary operations, to deniable adversary
operations, to open adversary operations.
(B) Covert adversary operation.--The term ``covert
adversary operation'' means an operation by an
adversary that--
(i) the adversary intends to remain below
the threshold at which the United States
detects the operation; and
(ii) does stay below such threshold.
(C) Detectible covert adversary operation.--The
term ``detectible covert adversary operation'' means an
operation by an adversary that--
(i) the adversary intends to remain below
the threshold at which the United States
detects the operation; but
(ii) is ultimately detected by the United
States at a level below the level at which the
United States will publicly attribute the
operation to the adversary.
(D) Unattributable adversary operation.--The term
``unattributable adversary operation'' means an
operation by an adversary that the adversary intends to
be detected by the United States, but remain below the
threshold at which the United States will publicly
attribute the operation to the adversary.
(E) Deniable adversary operation.--The term
``deniable adversary operation'' means an operation by
an adversary that--
(i) the adversary intends to be detected
and publicly or privately attributed by the
United States; and
(ii) the adversary intends to deny, to
limit the response by the United States, and
any allies of the United States.
(F) Open adversary operation.--The term ``open
adversary operation'' means an operation by an
adversary that the adversary openly acknowledges as
attributable to the adversary.
(c) Requirement to Develop Lexicon.--
(1) Requirement.--The Director of National Intelligence,
acting through the National Intelligence Council, shall develop
a lexicon of common terms (and corresponding definitions for
such terms) for concepts associated with gray zone activities.
(2) Considerations.--In developing the lexicon under
paragraph (1), the National Intelligence Council shall include
in the lexicon each term (and the corresponding definition for
each term) specified in subsection (b)(5), unless the National
Intelligence Council determines that an alternative term (or
alternative definition)--
(A) more accurately describes a concept associated
with gray zone activities; or
(B) is preferable for any other reason.
(3) Report.--
(A) Publication.--The Director of National
Intelligence shall publish a report containing the
lexicon developed under paragraph (1).
(B) Form.--The report under subparagraph (A) shall
be published in unclassified form.
SEC. 709. REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE COMMUNITY
WITH RESPECT TO HUMAN RIGHTS AND INTERNATIONAL
HUMANITARIAN LAW.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Secretary of Defense, and
the Director of the Defense Intelligence Agency, shall submit to the
congressional intelligence committees a report on certain actions taken
by the intelligence community with respect to human rights and
international humanitarian law.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A detailed explanation of whether, and to what extent,
each element of the intelligence community has provided
intelligence products relating to the efforts of the Secretary
of State and the Secretary of Treasury regarding the
categorization, determinations on eligibility for assistance
and training, and general understanding, of covered entities
that commit, engage, or are otherwise complicit in, violations
of human rights or international humanitarian law.
(2) A detailed explanation of whether, and to what extent,
each element of the intelligence community has provided
intelligence products relating to any of the following:
(A) Section 7031(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2020 (division G of Public Law 116-94; 8 U.S.C.
1182 note).
(B) The visa restriction policy of the Department
of State announced on February 26, 2021, and commonly
referred to as the ``Khashoggi Ban''.
(C) The annual report requirement of the Department
of Defense under section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (131 Stat.
1572).
(D) The Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public
Law 114-328; 22 U.S.C. 2656 note).
(3) A detailed explanation of the following processes:
(A) The process of each element of the intelligence
community for monitoring covered entities for
derogatory human rights or international humanitarian
law information.
(B) The process of each element of the intelligence
community for determining the credibility of derogatory
human rights or international humanitarian law
information.
(C) The process of each element of the intelligence
community for determining what further action is
appropriate if derogatory human rights or international
humanitarian law information is determined to be
credible.
(4) An unredacted copy of each policy or similar document
that describes a process specified in paragraph (3).
(5) A detailed explanation of whether, with respect to each
element of the intelligence community, the head of the element
has changed or restricted any activities of the element in
response to derogatory human rights or international
humanitarian law information.
(6) Examples of any changes or restrictions specified in
paragraph (5) taken by the head of the element of the
intelligence community during the two years preceding the date
of the submission of the report.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity''--
(A) means an individual, unit, or foreign
government that--
(i) has a cooperative relationship with the
United States Government; or
(ii) is the target of an intelligence
collection activity carried out by the United
States Government; but
(B) does not include an employee of the United
States Government.
(2) Derogatory human rights or international humanitarian
law information.--The term ``derogatory human rights or
international humanitarian law information'' means information
tending to suggest that a covered entity committed,
participated, or was otherwise complicit in, a violation of
human rights or international humanitarian law, regardless of
the credibility of such information, the source of the
information, or the level of classification of the information.
(3) Violation of human rights or international humanitarian
law.--The term ``violation of human rights or international
humanitarian law'' includes a violation of any authority or
obligation of the United States Government related to human
rights or international humanitarian law, without regard to
whether such authority or obligation is codified in a provision
of law, regulation, or policy.
SEC. 710. BRIEFING ON TRAININGS RELATING TO BLOCKCHAIN TECHNOLOGY.
(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 on the
feasibility and benefits of providing training described in subsection
(b).
(b) Training Described.--Training described in this subsection is
training that meets the following criteria:
(1) The training is on cryptocurrency, blockchain
technology, or both subjects.
(2) The training may be provided through partnerships with
universities or private sector entities.
SEC. 711. REPORT ON PROSPECTIVE ABILITY TO ADMINISTER COVID-19 VACCINES
AND OTHER MEDICAL INTERVENTIONS TO CERTAIN INTELLIGENCE
COMMUNITY PERSONNEL.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Under Secretary of Defense for Intelligence and Security, in
consultation with the elements of the intelligence community and
relevant public health agencies of the United States, shall jointly
develop and submit to the congressional intelligence committees a
report on the prospective ability of the intelligence community to
administer COVID-19 vaccines, and such other medical interventions as
may be relevant in the case of a future covered national emergency, to
covered personnel (particularly with respect to essential covered
personnel and covered personnel deployed outside of the United States).
(b) Matters Included.--The report under subsection (a) shall
include an assessment of the following:
(1) The prospective ability of the elements of the
intelligence community to administer COVID-19 vaccines
(including subsequent booster shots for COVID-19), to covered
personnel, and whether additional authorities or resources are
necessary for, or may otherwise facilitate, such
administration.
(2) The potential risks and benefits of granting the
additional authorities or resources described in paragraph (1)
to the Director, the Under Secretary, or both.
(3) With respect to potential future covered national
emergencies, including future outbreaks of an infectious
pandemic disease or similar public health emergencies, the
following:
(A) The ability of the intelligence community to
ensure the timely administration of medical
interventions to covered personnel during the covered
national emergency.
(B) Whether additional authorities or resources are
necessary to ensure, or may otherwise facilitate, such
timely administration, including with respect to the
ability of the Director or Under Secretary to provide
an alternative means of access to covered personnel
with reduced access to the interventions provided by
the respective element.
(C) The potential risks and benefits of granting
the additional authorities or resources described in
subparagraph (B) to the Director, the Under Secretary,
or both.
(4) A summary of the findings of the survey under
subsection (c).
(c) Survey.--Not later than 120 days after the date of the
enactment of this Act, and prior to submitting the report under
subsection (a), the Director and the Under Secretary shall jointly
conduct a survey to determine the process by which each element of the
intelligence community has administered COVID-19 vaccines to covered
personnel, to inform continued medical care relating to COVID-19 and
future responses to covered national emergencies. Such survey shall
address, with respect to each element, the following:
(1) The timeline of the element with respect to the
administration of COVID-19 vaccines prior to the date of the
enactment of this Act.
(2) The process by which the element determined when
covered personnel would become eligible to receive the COVID-19
vaccine (including if certain categories of such personnel
became eligible before others).
(3) A general approximation of the percentage of covered
personnel of the element that received the COVID-19 vaccine
from the element versus through an alternative means (such as a
private sector entity, foreign government, State, or local
government), particularly with respect to covered personnel
deployed outside of the United States.
(4) Any challenges encountered by the element with respect
to the administration of COVID-19 vaccines prior to the date of
the enactment of this Act.
(5) Any other feedback determined relevant for purposes of
the survey.
(d) Privacy Considerations.--In carrying out the report and survey
requirements under this section, the Director, the Under Secretary, and
the heads of the elements of the intelligence community shall ensure,
to the extent practicable, the preservation of medical privacy and the
anonymity of data.
(e) Definitions.--In this section:
(1) Covered national emergency.--The term ``covered
national emergency'' has the meaning given such term in section
303 of the Intelligence Authorization Act for Fiscal Year 2021
(50 U.S.C. 3316b).
(2) Covered personnel.--The term ``covered personnel''
means personnel who are--
(A) employees of, or otherwise detailed or assigned
to, an element of the intelligence community; or
(B) funded under the National Intelligence Program
or the Military Intelligence Program.
(3) Essential covered personnel.--The term ``essential
covered personnel'' means covered personnel deemed essential
to--
(A) continuity of operations of the intelligence
community;
(B) continuity of operations of the United States
Government; or
(C) other purposes related to the national security
of the United States.
(4) 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. 712. REPORT ON POTENTIAL INCLUSION WITHIN INTELLIGENCE COMMUNITY
OF THE OFFICE OF NATIONAL SECURITY OF THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Health and Human Services, shall
submit to the appropriate congressional committees a report on the
potential advantages and disadvantages of adding the Office of National
Security of the Department of Health and Human Services as a new
element of the intelligence community.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment of the following:
(A) The likelihood that the addition of the Office
of National Security as a new element of the
intelligence community would increase connectivity
between other elements of the intelligence community
working on health security topics and the Department of
Health and Human Services.
(B) The likelihood that such addition would
increase the flow of raw intelligence and finished
intelligence products to officials of the Department of
Health and Human Services.
(C) The likelihood that such addition would
facilitate the flow of information relating to health
security topics to intelligence analysts of various
other elements of the intelligence community working on
such topics.
(D) The extent to which such addition would clearly
demonstrate to both the national security community and
the public health community that health security is
national security.
(E) Any anticipated impediments to such addition
relating to additional budgetary oversight by the
executive branch or Congress.
(F) Any other significant advantages or
disadvantages of such addition, as identified by either
the Director of National Intelligence or the Secretary
of Health and Human Services.
(2) A joint recommendation by the Director of National
Intelligence and the Secretary of Health and Human Services as
to whether to add the Office of National Security as a new
element of the intelligence community.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
SEC. 713. REPORTS RELATING TO INSPECTOR GENERAL OF DEFENSE INTELLIGENCE
AGENCY.
(a) Report on Responses by Inspector General to Substantiated
Allegations.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Defense Intelligence
Agency shall submit to the congressional intelligence
committees a report on allegations of reprisal or abuse of
authority determined to be substantiated by the Inspector
General of the Defense Intelligence Agency during the 5-year
period preceding the date of the enactment of this Act.
(2) Matters included.--The report under paragraph (1) shall
include, with respect to each allegation determined to be
substantiated during the 5-year period specified in such
paragraph, a description of the following:
(A) Details of each substantiated allegation.
(B) The rank or grade of the individuals involved
in the allegation.
(C) Any disciplinary action recommended by the
Inspector General in response to the allegation, or, if
the Inspector General recommended no disciplinary
action be taken in response, any justification for such
recommendation.
(D) Any disciplinary action taken by the relevant
manager of the Defense Intelligence Agency in response
to the allegation.
(E) Whether the relevant manager reduced, or
declined to take, a disciplinary action recommended by
the Inspector General in response to the allegation.
(F) Any justification from the relevant manager
regarding the decision to take, reduce, or decline to
take, a disciplinary action recommended by the
Inspector General in response to the allegation.
(G) The process by which Defense Intelligence
Agency management reviews and makes decisions regarding
disciplinary actions in response to substantiated
allegations, including--
(i) the criteria applied by management in
making the decision to take, reduce, or decline
to take, a disciplinary action;
(ii) a description of which managers have
the authority to make such decisions, including
the rank or grade of the managers; and
(iii) a description of any formal or
informal appeals processes available with
respect to such decisions.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Report on Processes for Ensuring Independence of Inspector
General.--
(1) Report.--Not later than 30 days after the date of the
enactment of this Act, the Director of the Defense Intelligence
Agency shall submit to the congressional intelligence
committees and the Council of the Inspectors General on
Integrity and Efficiency established under section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) a report on the
processes of the Defense Intelligence Agency for ensuring the
independence of the position of the Inspector General of the
Defense Intelligence Agency.
(2) Matters included.--The report under paragraph (1) shall
include a description of the following:
(A) The selection criteria used by the Director in
the appointment of the Inspector General.
(B) The methods used by the Director to ensure the
independence of the position of the Inspector General,
including--
(i) the process for vetting candidates for
such position for independence from leadership
of the Defense Intelligence Agency and from
officials occupying positions in the Defense
Intelligence Senior Executive Service; and
(ii) the process for evaluating such
candidates for conflicts of interest.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Assessment by Council of Inspectors General on Integrity and
Efficiency.--
(1) Assessment.--Not later than 120 days after the date of
the enactment of this Act, the Council of the Inspectors
General on Integrity and Efficiency shall--
(A) conduct an assessment of the effectiveness of
the selection criteria and methods specified in
subsection (b)(2) with respect to the position of the
Inspector General of the Defense Intelligence Agency;
and
(B) submit to the congressional intelligence
committees a report containing the results of such
assessment.
(2) Form.--The report under paragraph (1)(B) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 714. REPORT ON RARE EARTH ELEMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Defense Intelligence Agency, the
Director of the Office of Intelligence and Counterintelligence of the
Department of Energy, and any other head of an element of the
intelligence community that the Director of National Intelligence
determines relevant, shall submit to the congressional intelligence
committees a report on rare earth elements.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment coordinated by the National Intelligence
Council of--
(A) long-term trends in the global rare earth
element industry;
(B) the national security, economic, and industrial
risks to the United States, and to the partners and
allies of the United States, with respect to relying on
foreign countries for rare earth mining and the
processing or production of rare earth elements;
(C) the intentions of foreign governments with
respect to limiting, reducing, or ending access of the
United States or the partners and allies of the United
States to--
(i) rare earth elements; or
(ii) any aspect of the rare earth mining,
processing, or production chain; and
(D) opportunities for the United States, and for
the partners and allies of the United States, to assure
continued access to--
(i) rare earth elements; and
(ii) the rare earth mining, processing, or
production chain.
(2) A description of--
(A) any relevant procurement, use, and supply chain
needs of the intelligence community with respect to
rare earth elements;
(B) any relevant planning or efforts by the
intelligence community to assure secured access to rare
earth elements;
(C) any assessed vulnerabilities or risks to the
intelligence community with respect to rare earth
elements;
(D) any relevant planning or efforts by the
intelligence community to coordinate with departments
and agencies of the United States Government that are
not elements of the intelligence community on securing
the rare earth element supply chain; and
(E) any previous or anticipated efforts by the
Supply Chain and Counterintelligence Risk Management
Task Force established under section 6306 of the Damon
Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3370) with respect to rare earth elements.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Rare Earth Elements Defined.--In this section, the term ``rare
earth elements'' includes products that contain rare earth elements,
including rare earth magnets.
SEC. 715. REPORT ON PLAN TO FULLY FUND THE INFORMATION SYSTEMS SECURITY
PROGRAM AND NEXT GENERATION ENCRYPTION.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report on the resources necessary to fully
fund the Information Systems Security Program during the period covered
by the most recent future-years defense program submitted under section
221 of title 10, United States Code--
(1) to address the cybersecurity requirements of the
Department of Defense; and
(2) for the adoption of next generation encryption into
existing and future systems.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment by the Chief Information Officer of the
Department of Defense, in coordination with the chiefs of the
Armed Forces and in consultation with the Director of the
National Security Agency, of the additional resources required
to fund the Information Systems Security Program at a level
that satisfies current and anticipated cybersecurity
requirements of the Department.
(2) An identification of any existing funding not currently
aligned to the Program that is more appropriately funded
through the Program.
(3) A strategic plan, developed in coordination with the
chiefs of the Armed Forces and in consultation with the
Director of the National Security Agency, that provides
options, timelines, and required funding by the Armed Forces or
a component of the Department, for the adoption of next
generation encryption into existing and future systems.
(c) Form.--The report under subsection (a) may be submitted in
classified form.
(d) Briefing.--Not later than 30 days after the date on which the
Secretary submits the report under subsection (a), the Chief
Information Officer of the Department and the Director of the National
Security Agency shall jointly provide to the appropriate congressional
committees a briefing on the report.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate.
SEC. 716. REVIEW OF NATIONAL SECURITY AGENCY AND UNITED STATES CYBER
COMMAND.
(a) Review Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspectors General of the National Security
Agency, Intelligence Community, and Department of Defense shall jointly
complete a review of the National Security Agency and the United States
Cyber Command.
(b) Elements.--The review required by subsection (a) shall include
assessment of the following:
(1) Whether and what resources, authorities, activities,
missions, facilities, and personnel are appropriately being
delineated and used to conduct the intelligence and
cybersecurity missions at the National Security Agency as well
as the cyber offense and defense missions of the United States
Cyber Command.
(2) The extent to which current resource-sharing
arrangements between the National Security Agency and the
United States Cyber Command lead to conflicts of interest in
directing intelligence collection in support of United States
Cyber Command missions rather than foreign intelligence
collection.
(3) The intelligence analysis and production conducted by
the United States Cyber Command using National Security Agency
authorities, with a focus on analytic integrity and
intelligence oversight to ensure proper analysis is informing
mission operations.
(4) The number of personnel detailed from the National
Security Agency to the United States Cyber Command, including
from which offices such personnel have been detailed, and an
assessment of the mission impact on the sponsoring office.
(c) Report and Brief.--Not later than 180 days after the date of
the enactment of this Act, the Inspectors General of the National
Security Agency, Intelligence Community, and Department of Defense
shall jointly submit to the congressional intelligence committees and
the congressional defense committees (as defined in section 101(a) of
title 10, United States Code) a report and provide such committees a
briefing on the findings of the inspectors general with respect to the
review completed under subsection (a).
Union Calendar No. 114
117th CONGRESS
1st Session
H. R. 5412
[Report No. 117-156]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2022 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.
_______________________________________________________________________
October 28, 2021
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed