[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2103 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 106
118th CONGRESS
  1st Session
                                S. 2103

 To authorize appropriations for fiscal year 2024 for intelligence and 
 intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
    Agency Retirement and Disability System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

  Mr. Warner, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2024 for intelligence and 
 intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
    Agency Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by 
                            law.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

Sec. 301. Post-graduate employment of Department of Defense Cyber and 
                            Digital Service Academy scholarship 
                            recipients in intelligence community.
Sec. 302. Plan to recruit, train, and retain personnel with experience 
                            in financial intelligence and emerging 
                            technologies.
Sec. 303. Policy and performance framework for mobility of intelligence 
                            community workforce.
Sec. 304. In-State tuition rates for active duty members of the 
                            intelligence community.
Sec. 305. Standards, criteria, and guidance for counterintelligence 
                            vulnerability assessments and surveys.
Sec. 306. Improving administration of certain post-employment 
                            restrictions for intelligence community.
Sec. 307. Mission of the National Counterintelligence and Security 
                            Center.
Sec. 308. Prohibition relating to transport of individuals detained at 
                            United States Naval Station, Guantanamo 
                            Bay, Cuba.
Sec. 309. Department of Energy review of certain foreign visitors and 
                            assignees to National Laboratories.
Sec. 310. Congressional oversight of intelligence community risk 
                            assessments.
Sec. 311. Inspector General review of dissemination by Federal Bureau 
                            of Investigation Richmond, Virginia, field 
                            office of certain document.
Sec. 312. Office of Intelligence and Analysis.
                Subtitle B--Central Intelligence Agency

Sec. 321. Protection of Central Intelligence Agency facilities and 
                            assets from unmanned aircraft.
Sec. 322. Change to penalties and increased availability of mental 
                            health treatment for unlawful conduct on 
                            Central Intelligence Agency installations.
Sec. 323. Modifications to procurement authorities of the Central 
                            Intelligence Agency.
Sec. 324. Establishment of Central Intelligence Agency standard 
                            workplace sexual misconduct complaint 
                            investigation procedure.
Sec. 325. Pay cap for diversity, equity, and inclusion staff and 
                            contract employees of the Central 
                            Intelligence Agency.
             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

Sec. 401. Intelligence community coordinator for accountability of 
                            atrocities of the People's Republic of 
                            China.
Sec. 402. Interagency working group and report on the malign efforts of 
                            the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by 
                            intelligence community working group for 
                            monitoring the economic and technological 
                            capabilities of the People's Republic of 
                            China.
Sec. 404. Assessments of reciprocity in the relationship between the 
                            United States and the People's Republic of 
                            China.
Sec. 405. Annual briefing on intelligence community efforts to identify 
                            and mitigate Chinese Communist Party 
                            political influence operations and 
                            information warfare against the United 
                            States.
Sec. 406. Assessment of threat posed to United States ports by cranes 
                            manufactured by countries of concern.
                     Subtitle B--Russian Federation

Sec. 411. Assessment of lessons learned by intelligence community with 
                            respect to conflict in Ukraine.
Sec. 412. National intelligence estimate on long-term confrontation 
                            with Russia.
                  Subtitle C--Other Foreign Countries

Sec. 421. Report on efforts to capture and detain United States 
                            citizens as hostages.
Sec. 422. Sense of Congress on priority of fentanyl in National 
                            Intelligence Priorities Framework.
  TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING 
         TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

                      Subtitle A--General Matters

Sec. 501. Office of Global Competition Analysis.
Sec. 502. Assignment of detailees from intelligence community to 
                            Department of Commerce.
Sec. 503. Threats posed by information and communications technology 
                            and services transactions and other 
                            activities.
Sec. 504. Revision of regulations defining sensitive national security 
                            property for Committee on Foreign 
                            Investment in the United States reviews.
Sec. 505. Support of intelligence community for export controls and 
                            other missions of the Department of 
                            Commerce.
Sec. 506. Review regarding information collection and analysis with 
                            respect to economic competition.
   Subtitle B--Next-generation Energy, Biotechnology, and Artificial 
                              Intelligence

Sec. 511. Expanded annual assessment of economic and technological 
                            capabilities of the People's Republic of 
                            China.
Sec. 512. Procurement of public utility contracts.
Sec. 513. Assessment of using civil nuclear energy for intelligence 
                            community capabilities.
Sec. 514. Policies established by Director of National Intelligence for 
                            artificial intelligence capabilities.
Sec. 515. Strategy for submittal of notice by private persons to 
                            Federal agencies regarding certain risks 
                            and threats relating to artificial 
                            intelligence.
                    TITLE VI--WHISTLEBLOWER MATTERS

Sec. 601. Submittal to Congress of complaints and information by 
                            whistleblowers in the intelligence 
                            community.
Sec. 602. Prohibition against disclosure of whistleblower identity as 
                            reprisal against whistleblower disclosure 
                            by employees and contractors in 
                            intelligence community.
Sec. 603. Establishing process parity for adverse security clearance 
                            and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory 
                            revocation of security clearances and 
                            access determinations.
Sec. 605. Modification and repeal of reporting requirements.
                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

                  Chapter 1--Short Title; Definitions

Sec. 701. Short title.
Sec. 702. Definitions.
  Chapter 2--Governance and Accountability for Reform of the Security 
                         Classification System

Sec. 711. Executive Agent for Classification and Declassification.
Sec. 712. Executive Committee on Classification and Declassification 
                            Programs and Technology.
Sec. 713. Advisory bodies for Executive Agent for Classification and 
                            Declassification.
Sec. 714. Information Security Oversight Office.
                 Chapter 3--Reducing Overclassification

Sec. 721. Classification and declassification of information.
Sec. 722. Declassification working capital funds.
Sec. 723. Transparency officers.
      Chapter 4--Preventing Mishandling of Classified Information

Sec. 731. Security review of certain records of the President and Vice 
                            President.
Sec. 732. Mandatory counterintelligence risk assessments.
Sec. 733. Minimum standards for Executive agency insider threat 
                            programs.
                        Chapter 5--Other Matters

Sec. 741. Prohibitions.
Sec. 742. Conforming amendment.
Sec. 743. Clerical amendment.
            Subtitle B--Sensible Classification Act of 2023

Sec. 751. Short title.
Sec. 752. Definitions.
Sec. 753. Findings and sense of the Senate.
Sec. 754. Classification authority.
Sec. 755. Promoting efficient declassification review.
Sec. 756. Training to promote sensible classification.
Sec. 757. Improvements to Public Interest Declassification Board.
Sec. 758. Implementation of technology for classification and 
                            declassification.
Sec. 759. Studies and recommendations on necessity of security 
                            clearances.
          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

Sec. 801. Review of shared information technology services for 
                            personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for 
                            personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted 
                            Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified 
                            information solely because of past use of 
                            cannabis.
                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

Sec. 901. Improved funding flexibility for payments made by the Central 
                            Intelligence Agency for qualifying injuries 
                            to the brain.
Sec. 902. Clarification of requirements to seek certain benefits 
                            relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021 
                            authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling 
                            of anomalous health incidents.
                       TITLE X--ELECTION SECURITY

Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for 
                            Elections through Independent Testing Act 
                            of 2023.
Sec. 1002. Protecting Ballot Measures from Foreign Influence Act of 
                            2023.
                        TITLE XI--OTHER MATTERS

Sec. 1101. Modification of reporting requirement for All-domain Anomaly 
                            Resolution Office.
Sec. 1102. Modifications to notification on the provision of defense 
                            sensitive support.
Sec. 1103. Modification of congressional oversight of special access 
                            programs.
Sec. 1104. Funding limitations relating to unidentified anomalous 
                            phenomena.

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 such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2024 
for the conduct of the intelligence and intelligence-related activities 
of the Federal Government.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts.--The amounts authorized to be 
appropriated under section 101 for the conduct of the intelligence 
activities of the Federal Government are those specified in the 
classified Schedule of Authorizations prepared to accompany this Act.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of 
        Authorizations referred to in subsection (a) shall be made 
        available to the Committee on Appropriations of the Senate, the 
        Committee on Appropriations of the House of Representatives, 
        and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations referred to in 
        subsection (a), or of appropriate portions of such Schedule, 
        within the executive branch of the Federal Government.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2024 the sum of 
$658,950,000.
    (b) Classified Authorization of Appropriations.--In addition to 
amounts authorized to be appropriated for the Intelligence Community 
Management Account by subsection (a), there are authorized to be 
appropriated for the Intelligence Community Management Account for 
fiscal year 2024 such additional amounts as are specified in the 
classified Schedule of Authorizations referred to in section 102(a).

SEC. 104. 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.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund $514,000,000 for fiscal year 
2024.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

SEC. 301. POST-GRADUATE EMPLOYMENT OF DEPARTMENT OF DEFENSE CYBER AND 
              DIGITAL SERVICE ACADEMY SCHOLARSHIP RECIPIENTS IN 
              INTELLIGENCE COMMUNITY.

    Section 1535(d) of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended 
by inserting ``or of an element of the intelligence community (as that 
term is defined in section 3 of the National Security Act of 1947 (50 
U.S.C. 3003))'' after ``missions of the Department''.

SEC. 302. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH EXPERIENCE 
              IN FINANCIAL INTELLIGENCE AND EMERGING TECHNOLOGIES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
coordination with the heads of human capital of the Central 
Intelligence Agency, the National Security Agency, and the Federal 
Bureau of Investigation, shall submit to the congressional intelligence 
committees a plan for the intelligence community to recruit, train, and 
retain personnel who have skills and experience in financial 
intelligence and emerging technologies in order to improve analytic 
tradecraft.
    (b) Elements.--The plan required by subsection (a) shall include 
the following elements:
            (1) An assessment, including measurable benchmarks of 
        progress, of current initiatives of the intelligence community 
        to recruit, train, and retain personnel who have skills and 
        experience in financial intelligence and emerging technologies.
            (2) An assessment of whether personnel in the intelligence 
        community who have such skills are currently well integrated 
        into the analytical cadre of the relevant elements of the 
        intelligence community that produce analyses with respect to 
        financial intelligence and emerging technologies.
            (3) An identification of challenges to hiring or 
        compensation in the intelligence community that limit progress 
        toward rapidly increasing the number of personnel with such 
        skills, and an identification of hiring or other reforms to 
        resolve such challenges.
            (4) A determination of whether the National Intelligence 
        University has the resources and expertise necessary to train 
        existing personnel in financial intelligence and emerging 
        technologies.
            (5) A strategy, including measurable benchmarks of 
        progress, to, by January 1, 2025, increase by 10 percent the 
        analytical cadre of personnel with expertise and previous 
        employment in financial intelligence and emerging technologies.

SEC. 303. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF INTELLIGENCE 
              COMMUNITY WORKFORCE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
develop and implement a policy and performance framework to ensure the 
timely and effective mobility of employees and contractors of the 
Federal Government who are transferring employment between elements of 
the intelligence community.
    (b) Elements.--The policy and performance framework required by 
subsection (a) shall include processes with respect to the following:
            (1) Human resources.
            (2) Medical reviews.
            (3) Determinations of suitability or eligibility for access 
        to classified information in accordance with Executive Order 
        13467 (50 U.S.C. 3161 note; relating to reforming processes 
        related to suitability for Government employment, fitness for 
        contractor employees, and eligibility for access to classified 
        national security information).

SEC. 304. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF THE 
              INTELLIGENCE COMMUNITY.

    (a) In General.--Section 135(d) of the Higher Education Act of 1965 
(20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign 
Service Families Act of 2021 (Public Law 117-81), is further amended--
            (1) in paragraph (1), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) a member of the intelligence community (as defined in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003)) (other than a member of the Armed Forces of the United 
        States) who is on active duty for a period of more than 30 
        days.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect at each public institution of higher education in a State 
that receives assistance under the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.) for the first period of enrollment at such 
institution that begins after July 1, 2026.

SEC. 305. STANDARDS, CRITERIA, AND GUIDANCE FOR COUNTERINTELLIGENCE 
              VULNERABILITY ASSESSMENTS AND SURVEYS.

    Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of 
2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:
                    ``(A) Counterintelligence vulnerability assessments 
                and surveys.--To develop standards, criteria, and 
                guidance for counterintelligence risk assessments and 
                surveys of the vulnerability of the United States to 
                intelligence threats, including with respect to 
                critical infrastructure and critical technologies, in 
                order to identify the areas, programs, and activities 
                that require protection from such threats.''.

SEC. 306. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT 
              RESTRICTIONS FOR INTELLIGENCE COMMUNITY.

    Section 304 of the National Security Act of 1947 (50 U.S.C. 3073a) 
is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``A former'' and inserting the 
                following:
                    ``(A) In general.--A former''; and
                    (B) by adding at the end the following:
                    ``(B) Prior disclosure to director of national 
                intelligence.--
                            ``(i) In general.--In the case of a former 
                        employee who occupies a covered post-service 
                        position in violation of subsection (a), 
                        whether the former employee voluntarily 
                        notified the Director of National Intelligence 
                        of the intent of the former employee to occupy 
                        such covered post-service position before 
                        occupying such post-service position may be 
                        used in determining whether the violation was 
                        knowing and willful for purposes of 
                        subparagraph (A).
                            ``(ii) Procedures and guidance.--The 
                        Director of National Intelligence may establish 
                        procedures and guidance relating to the 
                        submittal of notice for purposes of clause 
                        (i).''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by inserting ``the 
                restrictions under subsection (a) and'' before ``the 
                report requirements'';
                    (B) in paragraph (2), by striking ``ceases to 
                occupy'' and inserting ``occupies''; and
                    (C) in paragraph (3)(B), by striking ``before the 
                person ceases to occupy a covered intelligence 
                position'' and inserting ``when the person occupies a 
                covered intelligence position''.

SEC. 307. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY 
              CENTER.

    (a) In General.--Section 904 of the Counterintelligence Enhancement 
Act of 2002 (50 U.S.C. 3383) is amended--
            (1) by redesignating subsections (d) through (i) as 
        subsections (e) through (j), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Mission.--The mission of the National Counterintelligence and 
Security Center shall include organizing and leading strategic planning 
for counterintelligence activities of the United States Government by 
integrating instruments of national power as needed to counter foreign 
intelligence activities.''.
    (b) Conforming Amendments.--
            (1) Counterintelligence enhancement act of 2002.--Section 
        904 of the Counterintelligence Enhancement Act of 2002 (50 
        U.S.C. 3383) is amended--
                    (A) in subsection (e), as redesignated by 
                subsection (a)(1), by striking ``Subject to subsection 
                (e)'' both places it appears and inserting ``Subject to 
                subsection (f)''; and
                    (B) in subsection (f), as so redesignated--
                            (i) in paragraph (1), by striking 
                        ``subsection (d)(1)'' and inserting 
                        ``subsection (e)(1)''; and
                            (ii) in paragraph (2), by striking 
                        ``subsection (d)(2)'' and inserting 
                        ``subsection (e)(2)''.
            (2) Counterintelligence and security enhancements act of 
        1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence and 
        Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii)) 
        is amended by striking ``section 904(d)(2) of that Act (50 
        U.S.C. 3383(d)(2))'' and inserting ``section 904(e)(2) of that 
        Act (50 U.S.C. 3383(e)(2))''.

SEC. 308. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS DETAINED AT 
              UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) Definition of Individual Detained at Guantanamo.--In this 
section, the term ``individual detained at Guantanamo'' has the meaning 
given that term in section 1034(f)(2) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 
971; 10 U.S.C. 801 note).
    (b) Prohibition on Chartering Private or Commercial Aircraft to 
Transport Individuals Detained at United States Naval Station, 
Guantanamo Bay, Cuba.--No head of an element of the intelligence 
community may charter any private or commercial aircraft to transport 
an individual who is or was an individual detained at Guantanamo.

SEC. 309. DEPARTMENT OF ENERGY REVIEW OF CERTAIN FOREIGN VISITORS AND 
              ASSIGNEES TO NATIONAL LABORATORIES.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Intelligence and Counterintelligence of the 
        Department of Energy (or a designee).
            (3) Foreign national.--The term ``foreign national'' has 
        the meaning given the term ``alien'' in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (5) Sensitive country.--The term ``sensitive country'' 
        means a country to which particular consideration is given for 
        policy reasons during the Department of Energy internal review 
        and approval process for visits by, and assignments of, foreign 
        nationals to National Laboratories.
            (6) Sensitive country national.--The term ``sensitive 
        country national'' means a foreign national who was born in, is 
        a citizen of, or is employed by a government, employer, 
        institution, or organization of, a sensitive country.
            (7) Sensitive country visitor or assignee.--
                    (A) In general.--The term ``sensitive country 
                visitor or assignee'' means a visitor or assignee who 
                is a sensitive country national.
                    (B) Associated definitions.--For purposes of this 
                paragraph:
                            (i) Assignee.--The term ``assignee'' means 
                        an individual who is seeking approval from, or 
                        has been approved by, a National Laboratory to 
                        access the premises, information, or technology 
                        of the National Laboratory for a period of more 
                        than 30 consecutive calendar days.
                            (ii) Visitor.--The term ``visitor'' mans an 
                        individual who is seeking approval from, or has 
                        been approved by, a National Laboratory to 
                        access the premises, information, or technology 
                        of the National Laboratory for any period other 
                        than a period described in clause (i).
    (b) Recommendations With Respect to Sensitive Country Visitors or 
Assignees.--
            (1) Notification and recommendation requirement.--On 
        determination that a proposed sensitive country visitor or 
        assignee poses a counterintelligence risk to a National 
        Laboratory, the Director shall--
                    (A) notify the National Laboratory of the 
                determination; and
                    (B) provide a recommendation to the National 
                Laboratory on whether to grant or deny the proposed 
                sensitive country visitor or assignee access to the 
                premises, information, or technology of the National 
                Laboratory.
            (2) Prohibition.--A National Laboratory may not allow a 
        sensitive country visitor or assignee that the Director has 
        identified as a counterintelligence risk under paragraph (1) to 
        have any access to the premises, information, or technology of 
        the National Laboratory until the Director has submitted the 
        notification and recommendation to the National Laboratory as 
        described in paragraph (1).
            (3) Application to other national laboratories.--If the 
        Director makes a recommendation under paragraph (1) that a 
        sensitive country visitor or assignee should not be granted 
        access to the premises, information, or technology of a 
        National Laboratory--
                    (A) the Director shall notify each National 
                Laboratory of that recommendation; and
                    (B) that recommendation shall apply to each 
                National Laboratory with respect to that sensitive 
                country visitor or assignee.
    (c) Notification to Director.--
            (1) In general.--After receiving a recommendation to deny 
        access under subsection (b)(1)(B), a National Laboratory shall 
        submit to the Director a notification of the decision of the 
        National Laboratory to grant or deny access to the premises, 
        information, or technology of the National Laboratory to the 
        sensitive country visitor or assignee that is the subject of 
        the recommendation.
            (2) Timing.--If a National Laboratory decides to grant 
        access to a sensitive country visitor or assignee despite a 
        recommendation to deny access, the notification under paragraph 
        (1) shall be submitted to the Director before the sensitive 
        country visitor or assignee is granted access to the premises, 
        information, or technology of the National Laboratory.
    (d) Reports to Congress.--
            (1) In general.--The Director shall submit to the 
        appropriate committees of Congress an unclassified quarterly 
        report listing each instance in which a National Laboratory 
        indicates in a notification submitted under subsection (c)(1) 
        that the National Laboratory has decided to grant a sensitive 
        country visitor or assignee access to the premises, 
        information, or technology of the National Laboratory.
            (2) Requirement.--Each quarterly report under paragraph (1) 
        shall include the recommendation of the Director under 
        subsection (b)(1)(B) with respect to the applicable sensitive 
        country visitor or assignee.

SEC. 310. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY RISK 
              ASSESSMENTS.

    (a) Risk Assessment Documents and Materials.--Except as provided in 
subsection (b), whenever an element of the intelligence community 
conducts a risk assessment arising from the mishandling or improper 
disclosure of classified information, the Director of National 
Intelligence shall, not later than 30 days after the date of the 
commencement of such risk assessment--
            (1) submit to the congressional intelligence committees 
        copies of such documents and materials as are--
                    (A) within the jurisdiction of such committees; and
                    (B) subject to the risk assessment; and
            (2) provide such committees a briefing on such documents, 
        materials, and risk assessment.
    (b) Exception.--If the Director determines, with respect to a risk 
assessment described in subsection (a), that the documents and other 
materials otherwise subject to paragraph (1) of such subsection (a) are 
of such a volume that submittal pursuant to such paragraph would be 
impracticable, the Director shall--
            (1) in lieu of submitting copies of such documents and 
        materials, submit a log of such documents and materials; and
            (2) pursuant to a request by the Select Committee on 
        Intelligence of the Senate or the Permanent Select Committee on 
        Intelligence of the House of Representatives for a copy of a 
        document or material included in such log, submit to such 
        committee such copy.

SEC. 311. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY FEDERAL BUREAU 
              OF INVESTIGATION RICHMOND, VIRGINIA, FIELD OFFICE OF 
              CERTAIN DOCUMENT.

    (a) Review Required.--Not later than 120 days after the date of the 
enactment of this Act, the Inspector General of the Department of 
Justice shall conduct a review of the actions and events, including any 
underlying policy direction, that served as a basis for the January 23, 
2023, dissemination by the field office of the Federal Bureau of 
Investigation located in Richmond, Virginia, of a document titled 
``Interest of Racially or Ethnically Motivated Violent Extremists in 
Radical-Traditionalist Catholic Ideology Almost Certainly Presents New 
Mitigation Opportunities.''.
    (b) Submittal to Congress.--The Inspector General of the Department 
of Justice shall submit to the congressional intelligence committees 
the findings of the Inspector General with respect to the review 
required by subsection (a).

SEC. 312. OFFICE OF INTELLIGENCE AND ANALYSIS.

    Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is 
amended by adding at the end the following:
    ``(h) Prohibition.--
            ``(1) Definition.--In this subsection, the term `United 
        States person' means a United States citizen, an alien known by 
        the Office of Intelligence and Analysis to be a permanent 
        resident alien, an unincorporated association substantially 
        composed of United States citizens or permanent resident 
        aliens, or a corporation incorporated in the United States, 
        except for a corporation directed and controlled by 1 or more 
        foreign governments.
            ``(2) Collection of information from united states 
        persons.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Office of Intelligence and 
                Analysis may not engage in the collection of 
                information or intelligence targeting any United States 
                person except as provided in subparagraph (B).
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to any employee, officer, or contractor of the Office 
                of Intelligence and Analysis who is responsible for 
                collecting information from individuals working for a 
                State, local, or Tribal territory government or a 
                private employer.''.

                Subtitle B--Central Intelligence Agency

SEC. 321. PROTECTION OF CENTRAL INTELLIGENCE AGENCY FACILITIES AND 
              ASSETS 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 FROM UNMANNED 
              AIRCRAFT.

    ``(a) Definitions.--In this section:
            ``(1) Budget.--The term `budget', with respect to a fiscal 
        year, means the budget for that fiscal year that is submitted 
        to Congress by the President under section 1105(a) of title 31, 
        United States Code.
            ``(2) 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).
            ``(3) Congressional judiciary committees.--The term 
        `congressional judiciary committees' means--
                    ``(A) the Committee on the Judiciary of the Senate; 
                and
                    ``(B) the Committee on the Judiciary of the House 
                of Representatives.
            ``(4) Congressional transportation and infrastructure 
        committees.--The term `congressional transportation and 
        infrastructure committees' means--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            ``(5) Covered facility or asset.--The term `covered 
        facility or asset' means the headquarters compound of the 
        Agency and the property controlled and occupied by the Federal 
        Highway Administration located immediately adjacent to such 
        compound (subject to a risk-based assessment as defined for 
        purposes of this section), or any other installation and 
        protected property of the Agency where the facility or asset--
                    ``(A) is identified as high risk and a potential 
                target for unlawful unmanned aircraft activity by the 
                Director, in coordination with the Secretary of 
                Transportation, with respect to potentially affected 
                airspace, through a risk-based assessment for purposes 
                of this section;
                    ``(B) is located in the United States; and
                    ``(C) directly relates to one or more functions 
                authorized to be performed by the Agency, pursuant to 
                the National Security Act of 1947 (50 U.S.C. 3001 et 
                seq.) or this Act.
            ``(6) Electronic communication.--The term `electronic 
        communication' has the meaning given such term in section 2510 
        of title 18, United States Code.
            ``(7) Intercept.--The term `intercept' has the meaning 
        given such term in section 2510 of title 18, United States 
        Code.
            ``(8) Radio communication.--The term `radio communication' 
        has the meaning given that term in section 3 of the 
        Communications Act of 1934 (47 U.S.C. 153).
            ``(9) Risk-based assessment.--The term `risk-based 
        assessment' includes an evaluation of threat information 
        specific to a covered facility or asset and, with respect to 
        potential effects on the safety and efficiency of the national 
        airspace system and the needs of national security at each 
        covered facility or asset identified by the Director, an 
        evaluation of each of the following factors:
                    ``(A) Potential effects on safety, efficiency, and 
                use of the national airspace system, including 
                potential effects on manned aircraft and unmanned 
                aircraft systems, aviation safety, airport operations, 
                infrastructure, and air navigation services relating to 
                the use of any system or technology for carrying out 
                the actions described in subsection (c)(1).
                    ``(B) Options for mitigating any identified effects 
                on the national airspace system relating to the use of 
                any system or technology, including minimizing when 
                possible the use of any system or technology that 
                disrupts the transmission of radio or electronic 
                signals, for carrying out the actions described in 
                subsection (c)(1).
                    ``(C) Potential consequences of any actions taken 
                under subsection (c)(1) to the national airspace system 
                and infrastructure, if not mitigated.
                    ``(D) The ability to provide reasonable advance 
                notice to aircraft operators consistent with the safety 
                of the national airspace system and the needs of 
                national security.
                    ``(E) The setting and character of any covered 
                facility or asset, including whether it is located in a 
                populated area or near other structures, and any 
                potential for interference with wireless communications 
                or for injury or damage to persons or property.
                    ``(F) Potential consequences to national security 
                if threats posed by unmanned aircraft systems or 
                unmanned aircraft are not mitigated or defeated.
            ``(10) Oral communication.--The term `oral communication' 
        has the meaning given such term in section 2510 of title 18, 
        United States Code.
            ``(11) United states.--The term `United States' has the 
        meaning given such term in section 5 of title 18, United States 
        Code.
            ``(12) Unmanned aircraft and unmanned aircraft system.--The 
        terms `unmanned aircraft' and `unmanned aircraft system' have 
        the meanings given such terms in section 44801 of title 49, 
        United States Code.
            ``(13) Wire communication.--The term `wire communication' 
        has the meaning given such term in section 2510 of title 18, 
        United States Code.
    ``(b) Authority.--Notwithstanding section 46502 of title 49, United 
States Code, section 32, 1030, or 1367 of title 18, United States Code, 
or chapter 119 or 206 of such title, the Director may take, and may 
authorize personnel of the Agency with assigned duties that include the 
security or protection of people, facilities, or assets within the 
United States, to take--
            ``(1) such actions described in subsection (c)(1) that are 
        necessary to detect, identify, monitor, track, or mitigate a 
        credible threat (as defined by the Director, in consultation 
        with the Secretary of Transportation) that an unmanned aircraft 
        system or unmanned aircraft poses to the safety or security of 
        a covered facility or asset; and
            ``(2) such actions described in subsection (c)(2).
    ``(c) Actions.--
            ``(1) Actions described.--The actions described in this 
        paragraph are the following:
                    ``(A) During the operation of the unmanned aircraft 
                system, detect, identify, monitor, and track the 
                unmanned aircraft system or unmanned aircraft, without 
                prior consent, including by means of intercept or other 
                access of a wire communication, an oral communication, 
                or an electronic communication used to control the 
                unmanned aircraft system or unmanned aircraft.
                    ``(B) Warn the operator of the unmanned aircraft 
                system or unmanned aircraft, including by doing so 
                passively or actively, and by direct or indirect 
                physical, electronic, radio, and electromagnetic means.
                    ``(C) Disrupt control of the unmanned aircraft 
                system or unmanned aircraft, without prior consent, 
                including by disabling the unmanned aircraft system or 
                unmanned aircraft by intercepting, interfering with, or 
                causing interference with wire, oral, electronic, or 
                radio communications used to control the unmanned 
                aircraft system or unmanned aircraft.
                    ``(D) Seize or exercise control of the unmanned 
                aircraft system or unmanned aircraft.
                    ``(E) Seize or otherwise confiscate the unmanned 
                aircraft system or unmanned aircraft.
                    ``(F) Use reasonable force, if necessary, to seize 
                or otherwise disable, damage, or destroy the unmanned 
                aircraft system or unmanned aircraft.
            ``(2) Research, testing, training, and evaluation.--The 
        Director shall conduct research, testing, and training on, and 
        evaluation of, any equipment, including any electronic 
        equipment, to determine the capability and utility of the 
        equipment prior to the use of the equipment for any action 
        described in paragraph (1). Personnel and contractors who do 
        not have duties that include the safety, security, or 
        protection of people, facilities, or assets may engage in 
        research, testing, training, and evaluation activities pursuant 
        to this section.
            ``(3) Coordination.--
                    ``(A) Secretary of transportation.--The Director 
                shall develop the actions described in paragraph (1) in 
                coordination with the Secretary of Transportation.
                    ``(B) Administrator of federal aviation 
                administration.--The Director shall coordinate with the 
                Administrator of the Federal Aviation Administration on 
                any action described in paragraphs (1) and (3) so the 
                Administrator may ensure that unmanned aircraft system 
                detection and mitigation systems do not adversely 
                affect or interfere with safe airport operations, 
                navigation, air traffic services, or the safe and 
                efficient operation of the national airspace system.
    ``(d) Forfeiture.--Any unmanned aircraft system or unmanned 
aircraft described in subsection (b) that is seized by the Director is 
subject to forfeiture to the United States.
    ``(e) Regulations and Guidance.--
            ``(1) Issuance.--The Director and the Secretary of 
        Transportation may each prescribe regulations, and shall each 
        issue guidance, to carry out this section.
            ``(2) Coordination.--
                    ``(A) Requirement.--The Director shall coordinate 
                the development of guidance under paragraph (1) with 
                the Secretary of Transportation.
                    ``(B) Aviation safety.--The Director shall 
                coordinate with the Secretary of Transportation and the 
                Administrator of the Federal Aviation Administration 
                before issuing any guidance, or otherwise implementing 
                this section, so the Administrator may ensure that 
                unmanned aircraft system detection and mitigation 
                systems do not adversely affect or interfere with safe 
                airport operations, navigation, air traffic services, 
                or the safe and efficient operation of the national 
                airspace system.
    ``(f) Privacy Protection.--The regulations prescribed or guidance 
issued under subsection (e) shall ensure that--
            ``(1) the interception or acquisition of, access to, or 
        maintenance or use of, communications to or from an unmanned 
        aircraft system or unmanned aircraft under this section is 
        conducted in a manner consistent with the First and Fourth 
        Amendments to the Constitution of the United States and 
        applicable provisions of Federal law;
            ``(2) communications to or from an unmanned aircraft system 
        or unmanned aircraft are intercepted or acquired only to the 
        extent necessary to support an action described in subsection 
        (c);
            ``(3) records of such communications are maintained only 
        for as long as necessary, and in no event for more than 180 
        days, unless the Director determines that maintenance of such 
        records for a longer period is required under Federal law or 
        necessary for the investigation or prosecution of a violation 
        of law, to fulfill a duty, responsibility, or function of the 
        Agency, or for the purpose of any litigation;
            ``(4) such communications are not disclosed outside the 
        Agency unless the disclosure--
                    ``(A) is necessary to investigate or prosecute a 
                violation of law;
                    ``(B) would support the Agency, the Department of 
                Defense, a Federal law enforcement, intelligence, or 
                security agency, or a State, local, tribal, or 
                territorial law enforcement agency, or other relevant 
                person or entity if such entity or person is engaged in 
                a security or protection operation;
                    ``(C) is necessary to support a department or 
                agency listed in subparagraph (B) in investigating or 
                prosecuting a violation of law;
                    ``(D) would support the enforcement activities of a 
                regulatory agency of the Federal Government in 
                connection with a criminal or civil investigation of, 
                or any regulatory, statutory, or other enforcement 
                action relating to, an action described in subsection 
                (c) that is necessary to fulfill a duty, 
                responsibility, or function of the Agency;
                    ``(E) is necessary to protect against dangerous or 
                unauthorized activity by unmanned aircraft systems or 
                unmanned aircraft;
                    ``(F) is necessary to fulfill a duty, 
                responsibility, or function of the Agency; or
                    ``(G) is otherwise required by law.
    ``(g) Budget.--
            ``(1) In general.--The Director shall submit to the 
        congressional intelligence committees, as a part of the budget 
        requests of the Agency for each fiscal year after fiscal year 
        2024, a consolidated funding display that identifies the 
        funding source for the actions described in subsection (c)(1) 
        within the Agency.
            ``(2) Form.--The funding display shall be in unclassified 
        form, but may contain a classified annex.
    ``(h) Semiannual Briefings and Notifications.--
            ``(1) Briefings.--Not later than 180 days after the date of 
        the enactment of this section, and semiannually thereafter, the 
        Director shall provide the congressional intelligence 
        committees, the congressional judiciary committees, and the 
        congressional transportation and infrastructure committees a 
        briefing on the activities carried out pursuant to this section 
        during the period covered by the briefing.
            ``(2) Requirement.--Each briefing under paragraph (1) shall 
        be conducted jointly with the Secretary of Transportation.
            ``(3) Contents.--Each briefing under paragraph (1) shall 
        include the following:
                    ``(A) Policies, programs, and procedures to 
                mitigate or eliminate effects of such activities on the 
                national airspace system and other critical national 
                transportation infrastructure.
                    ``(B) A description of instances in which actions 
                described in subsection (c)(1) have been taken, 
                including all such instances that may have resulted in 
                harm, damage, or loss to a person or to private 
                property.
                    ``(C) A description of the guidance, policies, or 
                procedures established to address privacy, civil 
                rights, and civil liberties issues implicated by the 
                actions allowed under this section, as well as any 
                changes or subsequent efforts that would significantly 
                affect privacy, civil rights, or civil liberties.
                    ``(D) A description of options considered and steps 
                taken to mitigate any identified effects on the 
                national airspace system relating to the use of any 
                system or technology, including the minimization of the 
                use of any technology that disrupts the transmission of 
                radio or electronic signals, for carrying out the 
                actions described in subsection (c)(1).
                    ``(E) A description of instances in which 
                communications intercepted or acquired during the 
                course of operations of an unmanned aircraft system or 
                unmanned aircraft were maintained for more than 180 
                days or disclosed outside the Agency.
                    ``(F) How the Director and the Secretary of 
                Transportation have informed the public as to the 
                possible use of authorities under this section.
                    ``(G) How the Director and the Secretary of 
                Transportation have engaged with Federal, State, local, 
                territorial, or tribal law enforcement agencies to 
                implement and use such authorities.
                    ``(H) An assessment of whether any gaps or 
                insufficiencies remain in laws, regulations, and 
                policies that impede the ability of the Agency to 
                counter the threat posed by the malicious use of 
                unmanned aircraft systems or unmanned aircraft, and any 
                recommendations to remedy such gaps or insufficiencies.
            ``(4) Form.--Each briefing under paragraph (1) shall be in 
        unclassified form, but may be accompanied by an additional 
        classified report.
            ``(5) Notifications.--
                    ``(A) Covered facilities and assets.--Not later 
                than 30 days before exercising any authority under this 
                section at a covered facility or asset for the first 
                time doing so at such covered facility or asset, the 
                Director shall submit to the congressional intelligence 
                committees--
                            ``(i) notice that the Director intends to 
                        exercise authority under this section at such 
                        covered facility or asset; and
                            ``(ii) a list of every covered facility and 
                        asset.
                    ``(B) Deployment of new technologies.--
                            ``(i) In general.--Not later than 30 days 
                        after deploying any new technology to carry out 
                        the actions described in subsection (c)(1), the 
                        Director shall submit to the congressional 
                        intelligence committees a notification of the 
                        use of such technology.
                            ``(ii) Contents.--Each notice submitted 
                        pursuant to clause (i) shall include a 
                        description of options considered to mitigate 
                        any identified effects on the national airspace 
                        system relating to the use of any system or 
                        technology, including the minimization of the 
                        use of any technology that disrupts the 
                        transmission of radio or electronic signals, 
                        for carrying out the actions described in 
                        subsection (c)(1).
    ``(i) Rule of Construction.--Nothing in this section may be 
construed--
            ``(1) to vest in the Director any authority of the 
        Secretary of Transportation or the Administrator of the Federal 
        Aviation Administration; or
            ``(2) to vest in the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration any 
        authority of the Director.
    ``(j) Scope of Authority.--Nothing in this section shall be 
construed to provide the Director or the Secretary of Transportation 
with additional authorities beyond those described in subsections (b) 
and (d).
    ``(k) Termination.--
            ``(1) In general.--The authority to carry out this section 
        with respect to the actions specified in subparagraphs (B) 
        through (F) of subsection (c)(1) shall terminate on the date 
        that is 10 years after the date of enactment of the 
        Intelligence Authorization Act for Fiscal Year 2024.
            ``(2) Extension.--The President may extend by 1 year the 
        termination date specified in paragraph (1) if, before 
        termination, the President certifies to Congress that such 
        extension is in the national security interests of the United 
        States.''.

SEC. 322. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF MENTAL 
              HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON CENTRAL 
              INTELLIGENCE AGENCY INSTALLATIONS.

    Section 15(b) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3515(b)) is amended, in the second sentence, by striking ``those 
specified in section 1315(c)(2) of title 40, United States Code'' and 
inserting ``the maximum penalty authorized for a Class B misdemeanor 
under section 3559 of title 18, United States Code''.

SEC. 323. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE CENTRAL 
              INTELLIGENCE AGENCY.

    Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3503) is amended--
            (1) in subsection (a), by striking ``sections'' and all 
        that follows through ``session)'' and inserting ``sections 
        3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 
        3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 
        10, United States Code'' and
            (2) in subsection (d), by striking ``in paragraphs'' and 
        all that follows through ``1947'' and inserting ``in sections 
        3201 through 3204 of title 10, United States Code, shall not be 
        delegable. Each determination or decision required by sections 
        3201 through 3204, 3321 through 3323, and 3841 of title 10, 
        United States Code''.

SEC. 324. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY STANDARD 
              WORKPLACE SEXUAL MISCONDUCT COMPLAINT INVESTIGATION 
              PROCEDURE.

    (a) Workplace Sexual Misconduct Defined.--The term ``workplace 
sexual misconduct''--
            (1) means unwelcome sexual advances, requests for sexual 
        favors, and other verbal or physical conduct of a sexual nature 
        when--
                    (A) submission to such conduct is made either 
                explicitly or implicitly a term or condition of an 
                individual's employment;
                    (B) submission to or rejection of such conduct by 
                an individual is used as the basis for employment 
                decisions affecting such individual; or
                    (C) such conduct has the purpose or effect of 
                unreasonably interfering with an individual's work 
                performance or creating an intimidating, hostile, or 
                offensive working environment; and
            (2) includes sexual harassment and sexual assault.
    (b) Standard Complaint Investigation Procedure.--Not later than 90 
days after the date of the enactment of this Act, the Director of the 
Central Intelligence Agency shall--
            (1) establish a standard workplace sexual misconduct 
        complaint investigation procedure;
            (2) implement the standard workplace sexual misconduct 
        complaint investigation procedure through clear workforce 
        communication and education on the procedure; and
            (3) submit the standard workplace sexual misconduct 
        complaint investigation procedure to the congressional 
        intelligence committees.
    (c) Minimum Requirements.--The procedure established pursuant to 
subsection (b)(1) shall, at a minimum--
            (1) identify the individuals and offices of the Central 
        Intelligence Agency to which an employee of the Agency may 
        bring a complaint of workplace sexual misconduct;
            (2) detail the steps each individual or office identified 
        pursuant to paragraph (1) shall take upon receipt of a 
        complaint of workplace sexual misconduct and the timeframes 
        within which those steps shall be taken, including--
                    (A) documentation of the complaint;
                    (B) referral or notification to another individual 
                or office;
                    (C) measures to document or preserve witness 
                statements or other evidence; and
                    (D) preliminary investigation of the complaint;
            (3) set forth standard criteria for determining whether a 
        complaint of workplace sexual misconduct will be referred to 
        law enforcement and the timeframe within which such a referral 
        shall occur; and
            (4) for any complaint not referred to law enforcement, set 
        forth standard criteria for determining--
                    (A) whether a complaint has been substantiated; and
                    (B) for any substantiated complaint, the 
                appropriate disciplinary action.
    (d) Annual Reports.--On or before April 30 of each year, the 
Director shall submit to the congressional intelligence committees an 
annual report that includes, for the preceding calendar year, the 
following:
            (1) The number of workplace sexual misconduct complaints 
        brought to each individual or office of the Central 
        Intelligence Agency identified pursuant to subsection (c)(1), 
        disaggregated by--
                    (A) complaints referred to law enforcement; and
                    (B) complaints substantiated.
            (2) For each complaint described in paragraph (1) that is 
        substantiated, a description of the disciplinary action taken 
        by the Director.

SEC. 325. PAY CAP FOR DIVERSITY, EQUITY, AND INCLUSION STAFF AND 
              CONTRACT EMPLOYEES OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) In General.--Notwithstanding any other provision of law--
            (1) the annual rate of basic pay for a staff employee of 
        the Central Intelligence Agency with the duties described in 
        subsection (b) shall not exceed the annual rate of basic pay 
        for an officer of the Directorate of Operations in the 
        Clandestine Service Trainee program of the Agency; and
            (2) the Director of the Central Intelligence Agency shall 
        ensure that no contract employee performing duties described in 
        subsection (b) under an Agency contract receives an annual 
        amount for performing such duties that exceeds the annual rate 
        of basic pay described in paragraph (1).
    (b) Duties Described.--The duties described in this subsection are 
as follows:
            (1) Developing, refining, and implementing diversity, 
        equity, and inclusion policy.
            (2) Leading working groups and councils to develop 
        diversity, equity, and inclusion goals and objectives to 
        measure performance and outcomes.
            (3) Creating and implementing diversity, equity, and 
        inclusion education, training courses, and workshops for staff 
        and contract employees.
    (c) Applicability to Current Employees.--
            (1) Staff employees.--Any staff employee of the Central 
        Intelligence Agency in a position with duties described in 
        subsection (b) receiving an annual rate of basic pay as of the 
        date of the enactment of this Act that exceeds the rate allowed 
        under subsection (a) shall be reassigned to another position 
        not later than 180 days after such date.
            (2) Contract employees.--Any contract employee of the 
        Central Intelligence Agency performing duties described in 
        subsection (b) receiving an annual amount under an Agency 
        contract for performing such duties as of the date of the 
        enactment of this Act that exceeds the rate allowed under 
        subsection (b) shall be reassigned to another position not 
        later than 180 days after such date.

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR ACCOUNTABILITY OF 
              ATROCITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Foreign Relations and the 
                Subcommittee on Defense of the Committee on 
                Appropriations of the Senate; and
                    (C) the Committee on Foreign Affairs and the 
                Subcommittee on Defense of the Committee on 
                Appropriations of the House of Representatives.
            (2) Atrocity.--The term ``atrocity''--
                    (A) means a crime against humanity, genocide, or a 
                war crime; and
                    (B) when used with respect to the People's Republic 
                of China, means an atrocity that is committed by an 
                individual who is--
                            (i) a member of People's Liberation Army, 
                        or the security or other defense services, 
                        including the Ministry of State Security, the 
                        Ministry of Public Security, and the United 
                        Front Work Department, of the People's Republic 
                        of China;
                            (ii) an employee of any other element of 
                        the Government of the People's Republic of 
                        China, including the regional governments of 
                        Xinjiang, Tibet, and Hong Kong;
                            (iii) a member of the Chinese Communist 
                        Party; or
                            (iv) an agent or contractor of an 
                        individual specified in subparagraph (A), (B), 
                        or (C).
            (3) Commit.--The term ``commit'', with respect to an 
        atrocity, includes the planning, committing, aiding, and 
        abetting of such atrocity.
            (4) Foreign person.--The term ``foreign person'' means--
                    (A) any person or entity that is not a United 
                States person; or
                    (B) any entity not organized under the laws of the 
                United States or of any jurisdiction within the United 
                States.
            (5) 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).
    (b) Intelligence Community Coordinator for Accountability of 
Atrocities of the People's Republic of China.--
            (1) Designation.--Not later than 90 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall designate a senior official of the Office of 
        the Director of National Intelligence to serve as the 
        intelligence community coordinator for accountability of 
        atrocities of the People's Republic of China (in this section 
        referred to as the ``Coordinator'').
            (2) Duties.--The Coordinator shall lead the efforts of and 
        coordinate and collaborate with the intelligence community with 
        respect to the following:
                    (A) Identifying and addressing any gaps in 
                intelligence collection relating to atrocities of the 
                People's Republic of China, including by recommending 
                the modification of the priorities of the intelligence 
                community with respect to intelligence collection and 
                by utilizing informal processes and collaborative 
                mechanisms with key elements of the intelligence 
                community to increase collection on atrocities of the 
                People's Republic of China.
                    (B) Prioritizing and expanding the intelligence 
                analysis with respect to ongoing atrocities of the 
                People's Republic of China and disseminating within the 
                United States Government intelligence relating to the 
                identification and activities of foreign persons 
                suspected of being involved with or providing support 
                to atrocities of the People's Republic of China, 
                including genocide and forced labor practices in 
                Xinjiang, in order to support the efforts of other 
                Federal agencies, including the Department of State, 
                the Department of the Treasury, the Office of Foreign 
                Assets Control, the Department of Commerce, the Bureau 
                of Industry and Security, U.S. Customs and Border 
                Protection, and the National Security Council, to hold 
                the People's Republic of China accountable for such 
                atrocities.
                    (C) Increasing efforts to declassify and share with 
                the people of the United States and the international 
                community information regarding atrocities of the 
                People's Republic of China in order to expose such 
                atrocities and counter the disinformation and 
                misinformation campaign by the People's Republic of 
                China to deny such atrocities.
                    (D) Documenting and storing intelligence and other 
                unclassified information that may be relevant to 
                preserve as evidence of atrocities of the People's 
                Republic of China for future accountability, and 
                ensuring that other relevant Federal agencies, 
                including the Atrocities Early Warning Task Force, 
                receive appropriate support from the intelligence 
                community with respect to the collection, analysis, 
                preservation, and, as appropriate, dissemination, of 
                intelligence related to atrocities of the People's 
                Republic of China, which may include the information 
                from the annual report required by section 6504 of the 
                Intelligence Authorization Act for Fiscal Year 2023 
                (Public Law 117-263).
                    (E) Sharing information with the Forced Labor 
                Enforcement Task Force, established under section 741 
                of the United States-Mexico-Canada Agreement 
                Implementation Act (19 U.S.C. 4681), the Department of 
                Commerce, and the Department of the Treasury for the 
                purposes of entity listings and sanctions.
            (3) Plan required.--Not later than 120 days after the date 
        of the enactment of this Act, the Director shall submit to the 
        appropriate committees of Congress--
                    (A) the name of the official designated as the 
                Coordinator pursuant to paragraph (1); and
                    (B) the strategy of the intelligence community for 
                the collection and dissemination of intelligence 
                relating to ongoing atrocities of the People's Republic 
                of China, including a detailed description of how the 
                Coordinator shall support, and assist in facilitating 
                the implementation of, such strategy.
            (4) Annual report to congress.--
                    (A) Reports required.--Not later than May 1, 2024, 
                and annually thereafter until May 1, 2034, the Director 
                shall submit to the appropriate committees of Congress 
                a report detailing, for the year covered by the 
                report--
                            (i) the analytical findings, changes in 
                        collection, and other activities of the 
                        intelligence community with respect to ongoing 
                        atrocities of the People's Republic of China;
                            (ii) the recipients of information shared 
                        pursuant to this section for the purpose of--
                                    (I) providing support to Federal 
                                agencies to hold the People's Republic 
                                of China accountable for such 
                                atrocities; and
                                    (II) sharing information with the 
                                people of the United States to counter 
                                the disinformation and misinformation 
                                campaign by the People's Republic of 
                                China to deny such atrocities; and
                            (iii) with respect to clause (ii), the date 
                        of any such sharing.
                    (B) Form.--Each report submitted under subparagraph 
                (A) may be submitted in classified form, consistent 
                with the protection of intelligence sources and 
                methods.
    (c) Sunset.--This section shall cease to have effect on the date 
that is 10 years after the date of the enactment of this Act.

SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN EFFORTS OF 
              THE PEOPLE'S REPUBLIC OF CHINA IN AFRICA.

    (a) Establishment.--
            (1) In general.--The Director of National Intelligence, in 
        consultation with such heads of elements of the intelligence 
        community as the Director considers appropriate, shall 
        establish an interagency working group within the intelligence 
        community to analyze the tactics and capabilities of the 
        People's Republic of China in Africa.
            (2) Establishment flexibility.--The working group 
        established under paragraph (1) may be--
                    (A) independently established; or
                    (B) to avoid redundancy, incorporated into existing 
                working groups or cross-intelligence efforts within the 
                intelligence community.
    (b) Report.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, and twice annually thereafter, the 
        working group established under subsection (a) shall submit to 
        the congressional intelligence committees a report on the 
        specific tactics and capabilities of the People's Republic of 
        China in Africa.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following elements:
                    (A) An assessment of efforts by the Government of 
                the People's Republic of China to exploit mining and 
                reprocessing operations in Africa.
                    (B) An assessment of efforts by the Government of 
                the People's Republic of China to provide or fund 
                technologies in Africa, including--
                            (i) telecommunications and energy 
                        technologies, such as advanced reactors, 
                        transportation, and other commercial products; 
                        and
                            (ii) by requiring that the People's 
                        Republic of China be the sole provider of such 
                        technologies.
                    (C) An assessment of efforts by the Government of 
                the People's Republic of China to expand intelligence 
                capabilities in Africa.
                    (D) A description of actions taken by the 
                intelligence community to counter such efforts.
                    (E) An assessment of additional resources needed by 
                the intelligence community to better counter such 
                efforts.
            (3) Form.--Each report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex if necessary.
    (c) Sunset.--The requirements of this section shall terminate on 
the date that is 5 years after the date of the enactment of this Act.

SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY 
              INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE 
              ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S 
              REPUBLIC OF CHINA.

    Section 6503(c)(3)(D) of the Intelligence Authorization Act for 
Fiscal Year 2023 (division F of Public Law 117-263) is amended by 
striking ``the top 200'' and inserting ``all the known''.

SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP BETWEEN THE 
              UNITED STATES AND THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Assistant Secretary of State for 
Intelligence and Research, in consultation with the Director of 
National Intelligence and such other heads of elements of the 
intelligence community as the Assistant Secretary considers relevant, 
shall submit to the congressional intelligence committees the 
following:
            (1) A comprehensive assessment that identifies critical 
        areas in the security, diplomatic, economic, financial, 
        technological, scientific, commercial, academic, and cultural 
        spheres in which the United States does not enjoy a reciprocal 
        relationship with the People's Republic of China.
            (2) A comprehensive assessment that describes how the lack 
        of reciprocity between the People's Republic of China and the 
        United States in the areas identified in the assessment 
        required by paragraph (1) provides advantages to the People's 
        Republic of China.
    (b) Form of Assessments.--
            (1) Critical areas.--The assessment required by subsection 
        (a)(1) shall be submitted in unclassified form.
            (2) Advantages.--The assessment required by subsection 
        (a)(2) shall be submitted in classified form.

SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS TO IDENTIFY 
              AND MITIGATE CHINESE COMMUNIST PARTY POLITICAL INFLUENCE 
              OPERATIONS AND INFORMATION WARFARE AGAINST THE UNITED 
              STATES.

    (a) Definitions.--In this section:
            (1) Chinese entities engaged in political influence 
        operations and information warfare.--The term ``Chinese 
        entities engaged in political influence operations and 
        information warfare'' means all of the elements of the 
        Government of the People's Republic of China and the Chinese 
        Communist Party involved in information warfare operations, 
        such as--
                    (A) the Ministry of State Security;
                    (B) the intelligence services of the People's 
                Republic of China;
                    (C) the United Front Work Department and other 
                united front organs;
                    (D) state-controlled media systems, such as the 
                China Global Television Network (CGTN); and
                    (E) any entity involved in information warfare 
                operations by demonstrably and intentionally 
                disseminating false information and propaganda of the 
                Government of the People's Republic of China or the 
                Chinese Communist Party.
            (2) Political influence operation.--The term ``political 
        influence operation'' means a coordinated and often concealed 
        application of disinformation, press manipulation, economic 
        coercion, targeted investments, corruption, or academic 
        censorship, which are often intended--
                    (A) to coerce and corrupt United States interests, 
                values, institutions, or individuals; and
                    (B) to foster attitudes, behavior, decisions, or 
                outcomes in the United States that support the 
                interests of the Government of the People's Republic of 
                China or the Chinese Communist Party.
    (b) Briefing Required.--Not later than 120 days after the date of 
the enactment of this Act and annually thereafter until the date that 
is 5 years after the date of the enactment of this Act, the Director of 
the Foreign Malign Influence Center shall, in collaboration with the 
heads of the elements of the intelligence community, provide the 
congressional intelligence committees a classified briefing on the ways 
in which the relevant elements of the intelligence community are 
working internally and coordinating across the intelligence community 
to identify and mitigate the actions of Chinese entities engaged in 
political influence operations and information warfare against the 
United States, including against United States persons.
    (c) Elements.--The classified briefing required by subsection (b) 
shall cover the following:
            (1) The Government of the People's Republic of China and 
        the Chinese Communist Party tactics, tools, and entities that 
        spread disinformation, misinformation, and malign information 
        and conduct influence operations, information campaigns, or 
        other propaganda efforts.
            (2) The actions of the Foreign Malign Influence Center 
        relating to early-warning, information sharing, and proactive 
        risk mitigation systems, based on the list of entities 
        identified in subsection (a)(1), to detect, expose, deter, and 
        counter political influence operations of, and information 
        warfare waged by, the Government of the People's Republic of 
        China or the Chinese Communist Party, against the United 
        States.
            (3) The actions of the Foreign Malign Influence Center to 
        conduct outreach to identify and counter tactics, tools, and 
        entities described in paragraph (1) by sharing information with 
        allies and partners of the United States, State and local 
        governments, the business community, and civil society that 
        exposes the political influence operations and information 
        operations of the Government of the People's Republic of China 
        or the Chinese Communist Party carried out against individuals 
        and entities in the United States.

SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS BY CRANES 
              MANUFACTURED BY COUNTRIES OF CONCERN.

    (a) Definition of Country of Concern.--In this section, the term 
``country of concern'' has the meaning given that term in section 
1(m)(1) of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a(m)(1)).
    (b) Assessment.--The Director of National Intelligence, in 
coordination with such other heads of the elements of the intelligence 
community as the Director considers appropriate and the Secretary of 
Defense, shall conduct an assessment of the threat posed to United 
States ports by cranes manufactured by countries of concern and 
commercial entities of those countries, including the Shanghai Zhenhua 
Heavy Industries Co. (ZPMC).
    (c) Report and Briefing.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall submit a report and provide a briefing to 
        Congress on the findings of the assessment required by 
        subsection (b).
            (2) Elements.--The report and briefing required by 
        paragraph (1) shall outline the potential for the cranes 
        described in subsection (b) to collect intelligence, disrupt 
        operations at United States ports, and impact the national 
        security of the United States.
            (3) Form of report.--The report required by paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.

                     Subtitle B--Russian Federation

SEC. 411. ASSESSMENT OF LESSONS LEARNED BY INTELLIGENCE COMMUNITY WITH 
              RESPECT TO CONFLICT IN UKRAINE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and semiannually thereafter for 3 years, the 
Director of National Intelligence shall produce and submit to the 
congressional intelligence committees an assessment of the lessons 
learned by the intelligence community with respect to the ongoing war 
in Ukraine, particularly in regards to the quality and timeliness of 
the information and intelligence support provided by the United States 
to Ukraine.
    (b) Form.--The assessment submitted pursuant to subsection (a) 
shall be submitted in unclassified form, but may include a classified 
annex.

SEC. 412. NATIONAL INTELLIGENCE ESTIMATE ON LONG-TERM CONFRONTATION 
              WITH RUSSIA.

    (a) National Intelligence Estimate Required.--Not later than 180 
days after the date of the enactment of this Act, the Director of 
National Intelligence shall produce and submit to the congressional 
intelligence committees a national intelligence estimate on the 
implications of the ongoing war in Ukraine with respect to a long-term 
United States and North Atlantic Treaty Organization confrontation with 
Russia, including the continued threat to the United States, the North 
Atlantic Treaty Organization, and other allies of the United States 
from the conventional and strategic military forces, the intelligence 
activities, and the malign influence campaigns of Russia.
    (b) Elements.--The national intelligence estimate produced pursuant 
to subsection (a) shall include the following:
            (1) An assessment of the efficacy of the sanctions regime 
        in effect on the day before the date of the enactment of this 
        Act that is imposed upon Russia as a result of its illegal and 
        unjustified invasion of Ukraine, including--
                    (A) the effect that such sanctions have had on the 
                economy of Russia, the defense industrial base of 
                Russia, and the ability of Russia to maintain its war 
                on Ukraine; and
                    (B) the expected effect such sanctions would have 
                on a potential long-term confrontation between Russia 
                and the members of the North Atlantic Treaty 
                Organization and other allies of the United States.
            (2) An updated assessment of the convergence of interests 
        between Russia and China, an assessment of the assistance that 
        China is providing to Russia's economy and war effort, and an 
        assessment of other collaboration between the two countries.
            (3) An assessment of potential friction points between 
        China and Russia.
            (4) An assessment of assistance and potential assistance 
        from other countries to Russia, including assistance from Iran 
        and North Korea.
            (5) An assessment of other significant countries that have 
        not joined the sanctions regime against Russia, why they have 
        not done so, and what might induce them to change this policy.
    (c) Form.--The national intelligence estimate submitted pursuant to 
subsection (a) shall be submitted in unclassified form, but may include 
a classified annex.

                  Subtitle C--Other Foreign Countries

SEC. 421. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED STATES 
              CITIZENS AS HOSTAGES.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees a report on efforts 
by the Maduro regime in Venezuela to detain United States citizens and 
lawful permanent residents.
    (b) Elements.--The report required by subsection (a) shall include, 
regarding the arrest, capture, detainment, or imprisonment of United 
States citizens and lawful permanent residents, the following:
            (1) The names, positions, and institutional affiliation of 
        Venezuelan individuals, or those acting on their behalf, who 
        have engaged in such activities.
            (2) A description of any role played by transnational 
        criminal organizations, and an identification of such 
        organizations.
            (3) Where relevant, an assessment of whether and how United 
        States citizens and lawful permanent residents have been lured 
        to Venezuela.
            (4) An analysis of the motive for the arrest, capture, 
        detainment, or imprisonment of United States citizens and 
        lawful permanent residents.
            (5) The total number of United States citizens and lawful 
        permanent residents detained or imprisoned in Venezuela as of 
        the date on which the report is submitted.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.

SEC. 422. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN NATIONAL 
              INTELLIGENCE PRIORITIES FRAMEWORK.

    It is the sense of Congress that the trafficking of illicit 
fentanyl, including precursor chemicals and manufacturing equipment 
associated with illicit fentanyl production and organizations that 
traffic or finance the trafficking of illicit fentanyl, originating 
from the People's Republic of China and Mexico should be among the 
highest priorities in the National Intelligence Priorities Framework of 
the Office of the Director of National Intelligence.

  TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING 
         TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

                      Subtitle A--General Matters

SEC. 501. OFFICE OF GLOBAL COMPETITION ANALYSIS.

    (a) Definitions.--In this section:
            (1) Executive agency.--The term ``Executive agency'' has 
        the meaning given such term in section 105 of title 5, United 
        States Code.
            (2) Office.--The term ``Office'' means the Office of Global 
        Competition Analysis established under subsection (b).
    (b) Establishment.--
            (1) In general.--The President shall establish an office 
        for analysis of global competition.
            (2) Purposes.--The purposes of the Office are as follows:
                    (A) To carry out a program of analysis relevant to 
                United States leadership in science, technology, and 
                innovation sectors critical to national security and 
                economic prosperity relative to other countries, 
                particularly those countries that are strategic 
                competitors of the United States.
                    (B) To support policy development and decision 
                making across the Federal Government to ensure United 
                States leadership in science, technology, and 
                innovation sectors critical to national security and 
                economic prosperity relative to other countries, 
                particularly those countries that are strategic 
                competitors of the United States.
            (3) Designation.--The office established under paragraph 
        (1) shall be known as the ``Office of Global Competition 
        Analysis''.
    (c) Activities.--In accordance with the priorities determined under 
subsection (d), the Office shall--
            (1) subject to subsection (f), acquire, access, use, and 
        handle data or other information relating to the purposes of 
        the Office under subsection (b);
            (2) conduct long- and short-term analyses regarding--
                    (A) United States policies that enable 
                technological competitiveness relative to those of 
                other countries, particularly with respect to countries 
                that are strategic competitors of the United States;
                    (B) United States science and technology ecosystem 
                elements, including regional and national research 
                development and capacity, technology innovation, and 
                science and engineering education and research 
                workforce, relative to those of other countries, 
                particularly with respect to countries that are 
                strategic competitors of the United States;
                    (C) United States technology development, 
                commercialization, and advanced manufacturing ecosystem 
                elements, including supply chain resiliency, scale-up 
                manufacturing testbeds, access to venture capital and 
                financing, technical and entrepreneurial workforce, and 
                production, relative to those of other countries, 
                particularly with respect to countries that are 
                strategic competitors of the United States;
                    (D) United States competitiveness in technology and 
                innovation sectors critical to national security and 
                economic prosperity relative to other countries, 
                including the availability and scalability of United 
                States technology in such sectors abroad, particularly 
                with respect to countries that are strategic 
                competitors of the United States;
                    (E) trends and trajectories, including rate of 
                change in technologies, related to technology and 
                innovation sectors critical to national security and 
                economic prosperity;
                    (F) threats to United States national security 
                interests as a result of any foreign country's 
                dependence on technologies of strategic competitors of 
                the United States; and
                    (G) threats to United States interests based on 
                dependencies on foreign technologies critical to 
                national security and economic prosperity;
            (3) solicit input on technology and economic trends, data, 
        and metrics from relevant private sector stakeholders, 
        including entities involved in financing technology development 
        and commercialization, and engage with academia to inform the 
        analyses under paragraph (2); and
            (4) to the greatest extent practicable and as may be 
        appropriate, ensure that versions of the analyses under 
        paragraph (2) are unclassified and available to relevant 
        Federal agencies and offices.
    (d) Determination of Priorities.--On a periodic basis, the Director 
of the Office of Science and Technology Policy, the Assistant to the 
President for Economic Policy, and the Assistant to the President for 
National Security Affairs shall, in coordination with such heads of 
Executive agencies as the Director of the Office of Science and 
Technology Policy and such Assistants jointly consider appropriate, 
jointly determine the priorities of the Office with respect to 
subsection (b)(2)(A), considering, as may be appropriate, the 
strategies and reports under subtitle B of title VI of the Research and 
Development, Competition, and Innovation Act (Public Law 117-167).
    (e) Administration.--Subject to the availability of appropriations, 
to carry out the purposes set forth under subsection (b)(2), the Office 
shall enter into an agreement with a federally funded research and 
development center, a university-affiliated research center, or a 
consortium of federally funded research and development centers and 
university-affiliated research centers.
    (f) Acquisition, Access, Use, and Handling of Data or 
Information.--In carrying out the activities under subsection (c), the 
Office--
            (1) shall acquire, access, use, and handle data or 
        information in a manner consistent with applicable provisions 
        of law and policy, including laws and policies providing for 
        the protection of privacy and civil liberties, and subject to 
        any restrictions required by the source of the information;
            (2) shall have access, upon written request, to all 
        information, data, or reports of any Executive agency that the 
        Office determines necessary to carry out the activities under 
        subsection (c), provided that such access is--
                    (A) conducted in a manner consistent with 
                applicable provisions of law and policy of the 
                originating agency, including laws and policies 
                providing for the protection of privacy and civil 
                liberties; and
                    (B) consistent with due regard for the protection 
                from unauthorized disclosure of classified information 
                relating to sensitive intelligence sources and methods 
                or other exceptionally sensitive matters; and
            (3) may obtain commercially available information that may 
        not be publicly available.
    (g) Detailee Support.--Consistent with applicable law, including 
sections 1341, 1517, and 1535 of title 31, United States Code, and 
section 112 of title 3, United States Code, the head of a department or 
agency within the executive branch of the Federal Government may detail 
personnel to the Office in order to assist the Office in carrying out 
any activity under subsection (c), consistent with the priorities 
determined under subsection (d).
    (h) Annual Report.--Not less frequently than once each year, the 
Office shall submit to Congress a report on the activities of the 
Office under this section, including a description of the priorities 
under subsection (d) and any support, disaggregated by Executive 
agency, provided to the Office consistent with subsection (g) in order 
to advance those priorities.
    (i) Plans.--Before establishing the Office under subsection (b)(1), 
the President shall submit to the appropriate committees of Congress a 
report detailing plans for--
            (1) the administrative structure of the Office, including--
                    (A) a detailed spending plan that includes 
                administrative costs; and
                    (B) a disaggregation of costs associated with 
                carrying out subsection (e);
            (2) ensuring consistent and sufficient funding for the 
        Office; and
            (3) coordination between the Office and relevant Executive 
        agencies and offices.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 
2024.
    (k) Funding.--This section shall be carried out using amounts 
appropriated on or after the date of the enactment of this Act.

SEC. 502. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY TO 
              DEPARTMENT OF COMMERCE.

    (a) Authority.--In order to better facilitate the sharing of 
actionable intelligence on foreign adversary intent, capabilities, 
threats, and operations that pose a threat to the interests or security 
of the United States, particularly as they relate to the procurement, 
development, and use of dual-use and emerging technologies, the 
Director of National Intelligence may assign or facilitate the 
assignment of members from across the intelligence community to serve 
as detailees to the Bureau of Industry and Security of the Department 
of Commerce.
    (b) Assignment.--Detailees assigned pursuant to subsection (a) 
shall be drawn from such elements of the intelligence community as the 
Director considers appropriate, in consultation with the Secretary of 
Commerce.
    (c) Expertise.--The Director shall ensure that detailees assigned 
pursuant to subsection (a) have subject matter expertise on countries 
of concern, including China, Iran, North Korea, and Russia, as well as 
functional areas such as illicit procurement, counterproliferation, 
emerging and foundational technology, economic and financial 
intelligence, information and communications technology systems, supply 
chain vulnerability, and counterintelligence.
    (d) Duty Credit.--The detail of an employee of the intelligence 
community to the Department of Commerce under subsection (a) shall be 
without interruption or loss of civil service status or privilege.

SEC. 503. THREATS POSED BY INFORMATION AND COMMUNICATIONS TECHNOLOGY 
              AND SERVICES TRANSACTIONS AND OTHER ACTIVITIES.

    (a) Definitions.--In this section:
            (1) Covered transaction.--The term ``covered transaction'' 
        means a transaction reviewed under authority established under 
        Executive Order 13873, Executive Order 13984, Executive Order 
        14034, or any successor order.
            (2) Emerging and foundational technologies.--The term 
        ``emerging and foundational technologies'' means emerging and 
        foundational technologies described in section 1758(a)(1) of 
        the Export Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
            (3) Executive order 13873.--The term ``Executive Order 
        13873'' means Executive Order 13873 (84 Fed. Reg. 22689; 
        relating to securing information and communications technology 
        and services supply chain).
            (4) Executive order 13984.--The term ``Executive Order 
        13984'' means Executive Order 13984 (86 Fed. Reg. 6837; 
        relating to taking additional steps to address the national 
        emergency with respect to significant malicious cyber-enabled 
        activities).
            (5) Executive order 14034.--The term ``Executive Order 
        14034'' means Executive Order 14034 (84 Fed. Reg. 31423; 
        relating to protecting Americans' sensitive data from foreign 
        adversaries).
            (6) Significant transaction.--The term ``significant 
        transaction'' means a covered transaction that--
                    (A) involves emerging or foundational technologies;
                    (B) poses an undue or unacceptable risk to national 
                security; and
                    (C) involves--
                            (i) an individual who acts as an agent, 
                        representative, or employee, or any individual 
                        who acts in any other capacity at the order, 
                        request, or under the direction or control, of 
                        a foreign adversary or of an individual whose 
                        activities are directly or indirectly 
                        supervised, directed, controlled, financed, or 
                        subsidized in whole or in majority part by a 
                        foreign adversary;
                            (ii) any individual, wherever located, who 
                        is a citizen or resident of a nation-state 
                        controlled by a foreign adversary;
                            (iii) any corporation, partnership, 
                        association, or other organization organized 
                        under the laws of a nation-state controlled by 
                        a foreign adversary; or
                            (iv) any corporation, partnership, 
                        association, or other organization, wherever 
                        organized or doing business, that is owned or 
                        controlled by a foreign adversary.
    (b) Threat Assessment by Director of National Intelligence.--
            (1) In general.--The Director of National Intelligence 
        shall expeditiously carry out a threat assessment of each 
        significant transaction.
            (2) Identification of gaps.--Each assessment required by 
        paragraph (1) shall include the identification of any 
        recognized gaps in the collection of intelligence relevant to 
        the assessment.
            (3) Views of intelligence community.--The Director of 
        National Intelligence shall seek and incorporate into each 
        assessment required by paragraph (1) the views of all affected 
        or appropriate elements of the intelligence community with 
        respect to the significant transaction or class of significant 
        transactions.
            (4) Provision of assessment.--The Director of National 
        Intelligence shall provide an assessment required by paragraph 
        (1) to such agency heads and committees of Congress as the 
        Director considers appropriate, as necessary, to implement 
        Executive Order 13873, Executive Order 13984, Executive Order 
        14034, or any successor order.
    (c) Interaction With Intelligence Community.--
            (1) In general.--The Director of National Intelligence 
        shall ensure that the intelligence community remains engaged in 
        the collection, analysis, and dissemination to such agency 
        heads as the Director considers appropriate of any additional 
        relevant information that may become available during the 
        course of any investigation or review process conducted under 
        authority established under Executive Order 13873, Executive 
        Order 13984, Executive Order 14034, or any successor order.
            (2) Elements.--The collection, analysis, and dissemination 
        of information described in paragraph (1) shall include routine 
        assessments of the following:
                    (A) The intent, capability, and operations of 
                foreign adversaries as related to a significant 
                transaction or class of significant transactions.
                    (B) Supply chains and procurement networks 
                associated with the procurement of emerging and 
                foundational technologies by foreign adversaries.
                    (C) Emerging and foundational technologies pursued 
                by foreign adversaries, including information on 
                prioritization, spending, and technology transfer 
                measures.
                    (D) The intent, capability, and operations of the 
                use by malicious cyber actors of infrastructure as a 
                service (IaaS) against the United States.
                    (E) The impact on the intelligence community of a 
                significant transaction or class of significant 
                transactions.
    (d) Information in Civil Actions.--
            (1) Protected information in civil actions.--If a civil 
        action challenging an action or finding under Executive Order 
        13873, Executive Order 13984, Executive Order 14034, or any 
        successor order is brought, and the court determines that 
        protected information in the administrative record relating to 
        the action or finding, including classified or other 
        information subject to privilege or protections under any 
        provision of law, is necessary to resolve the action, that 
        information shall be submitted ex parte and in camera to the 
        court and the court shall maintain that information under seal. 
        This paragraph does not confer or imply any right to judicial 
        review.
            (2) Nonapplicability of use of information provisions.--The 
        use of information provisions of sections 106, 305, 405, and 
        706 of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a civil 
        action described in paragraph (1).
    (e) Rule of Construction Concerning Right to Access.--No provision 
of this section may be construed to create a right to obtain access to 
information in the possession of the Federal Government that was 
considered by the Secretary of Commerce under authority established 
under Executive Order 13873, Executive Order 13984, Executive Order 
14034, or any successor order, including any classified information or 
sensitive but unclassified information.
    (f) Administrative Record.--The following information may be 
included in the administrative record relating to an action or finding 
described in subsection (d)(1) and shall be submitted only to the court 
ex parte and in camera:
            (1) Sensitive security information, as defined in section 
        1520.5 of title 49, Code of Federal Regulations.
            (2) Privileged law enforcement information.
            (3) Information obtained or derived from any activity 
        authorized under the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.), except that, with respect to 
        such information, subsections (c), (e), (f), (g), and (h) of 
        section 106 (50 U.S.C. 1806), subsections (d), (f), (g), (h), 
        and (i) of section 305 (50 U.S.C. 1825), subsections (c), (e), 
        (f), (g), and (h) of section 405 (50 U.S.C. 1845), and section 
        706 (50 U.S.C. 1881e) of that Act shall not apply.
            (4) Information subject to privilege or protection under 
        any other provision of law, including the Currency and Foreign 
        Transactions Reporting Act of 1970 (31 U.S.C. 5311 et seq.).
    (g) Treatment Consistent With Section.--Any information that is 
part of the administrative record filed ex parte and in camera under 
subsection (d)(1), or cited by the court in any decision in a civil 
action described in such subsection, shall be treated by the court 
consistent with the provisions of this section. In no event shall such 
information be released to the petitioner or as part of the public 
record.
    (h) Inapplicability of Freedom of Information Act.--Any information 
submitted to the Federal Government by a party to a covered transaction 
in accordance with this section, as well as any information the Federal 
Government may create relating to review of the covered transaction, is 
exempt from disclosure under section 552 of title 5, United States Code 
(commonly referred to as the ``Freedom of Information Act'').

SEC. 504. REVISION OF REGULATIONS DEFINING SENSITIVE NATIONAL SECURITY 
              PROPERTY FOR COMMITTEE ON FOREIGN INVESTMENT IN THE 
              UNITED STATES REVIEWS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of the Treasury shall revise section 802.211 of 
title 31, Code of Federal Regulations, to expand the definition of 
``covered real estate'', such as by treating facilities and property of 
elements of the intelligence community and National Laboratories (as 
defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
15801)) comparably to military installations.

SEC. 505. SUPPORT OF INTELLIGENCE COMMUNITY FOR EXPORT CONTROLS AND 
              OTHER MISSIONS OF THE DEPARTMENT OF COMMERCE.

    (a) Definitions.--In this section:
            (1) Emerging and foundational technologies.--The term 
        ``emerging and foundational technologies'' includes 
        technologies identified under section 1758(a)(1) of the Export 
        Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
            (2) Foreign adversary.--The term ``foreign adversary'' 
        means any foreign government, foreign regime, or foreign 
        nongovernment person determined by the Director of National 
        Intelligence to have engaged in a long-term pattern or serious 
        instances of conduct significantly adverse to the national 
        security of the United States or the security and safety of 
        United States persons.
    (b) Collection, Analysis, and Dissemination Required.--
            (1) In general.--The Director of National Intelligence--
                    (A) is authorized to collect, retain, analyze, and 
                disseminate information or intelligence necessary to 
                support the missions of the Department of Commerce, 
                including with respect to the administration of export 
                controls pursuant to the Export Control Reform Act of 
                2018 (50 U.S.C. 4801 et seq.); and
                    (B) shall, through regular consultation with the 
                Secretary of Commerce, ensure that the intelligence 
                community is engaged in such collection, retention, 
                analysis, and dissemination.
            (2) Information to be collected, analyzed, and 
        disseminated.--The information to be collected, analyzed, and 
        disseminated under subsection (a) shall include information 
        relating to the following:
                    (A) The intent, capability, and operations of 
                foreign adversaries with respect to items under 
                consideration to be controlled pursuant to the 
                authority provided by part I of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4811 et seq.).
                    (B) Attempts by foreign adversaries to circumvent 
                controls on items imposed pursuant to that part.
                    (C) Supply chains and procurement networks 
                associated with procurement and development of emerging 
                and foundational technologies by foreign adversaries.
                    (D) Emerging and foundational technologies pursued 
                by foreign adversaries, including relevant information 
                on prioritization, spending, and technology transfer 
                measures with respect to such technologies.
                    (E) The scope and application of the export control 
                systems of foreign countries, including decisions with 
                respect to individual export transactions.
                    (F) Corporate and contractual relationships, 
                ownership, and other equity interests, including 
                monetary capital contributions, corporate investments, 
                and joint ventures, resulting in end uses of items that 
                threaten the national security and foreign policy 
                interests of the United States, as described in the 
                policy set forth in section 1752 of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4811).
                    (G) The effect of export controls imposed pursuant 
                to part I of that Act (50 U.S.C. 4811 et seq.), 
                including--
                            (i) the effect of actions taken and planned 
                        to be taken by the Secretary of Commerce under 
                        the authority provided by that part; and
                            (ii) the effectiveness of such actions in 
                        achieving the national security and foreign 
                        policy objectives of such actions.
    (c) Provision of Analysis to Department of Commerce.--Upon the 
request of the Secretary of Commerce, the Director of National 
Intelligence shall expeditiously--
            (1) carry out analysis of any matter relating to the 
        national security of the United States that is relevant to a 
        mission of the Department of Commerce; and
            (2) consistent with the protection of sources and methods, 
        make such analysis available to the Secretary and such 
        individuals as the Secretary may designate to receive such 
        analysis.
    (d) Identification of Single Office to Support Missions of 
Department of Commerce.--The Director of National Intelligence shall 
identify a single office within the intelligence community to be 
responsible for supporting the missions of the Department of Commerce.
    (e) Treatment of Classified and Sensitive Information.--
            (1) In general.--A civil action challenging an action or 
        finding of the Secretary of Commerce made on the basis of any 
        classified or sensitive information made available to officials 
        of the Department of Commerce pursuant to this section may be 
        brought only in the United States Court of Appeals for the 
        District of Columbia Circuit.
            (2) Consideration and treatment in civil actions.--If a 
        civil action described in paragraph (1) is brought, and the 
        court determines that protected information in the 
        administrative record, including classified or other 
        information subject to privilege or protections under any 
        provision of law, is necessary to resolve the civil action, 
        that information shall be submitted ex parte and in camera to 
        the court and the court shall maintain that information under 
        seal. This paragraph does not confer or imply any right to 
        judicial review.
            (3) Administrative record.--
                    (A) In general.--The following information may be 
                included in the administrative record relating to an 
                action or finding described in paragraph (1) and shall 
                be submitted only to the court ex parte and in camera:
                            (i) Sensitive security information, as 
                        defined by section 1520.5 of title 49, Code of 
                        Federal Regulations.
                            (ii) Privileged law enforcement 
                        information.
                            (iii) Information obtained or derived from 
                        any activity authorized under the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1801 et seq.).
                            (iv) Information subject to privilege or 
                        protection under any other provision of law.
                    (B) Treatment consistent with section.--Any 
                information that is part of the administrative record 
                filed ex parte and in camera under subparagraph (A), or 
                cited by the court in any decision in a civil action 
                described in paragraph (1), shall be treated by the 
                court consistent with the provisions of this 
                subsection. In no event shall such information be 
                released to the petitioner or as part of the public 
                record.
            (4) Nonapplicability of use of information provisions.--The 
        use of information provisions of sections 106, 305, 405, and 
        706 of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a civil 
        action challenging an action or finding of the Secretary of 
        Commerce made on the basis of information made available to 
        officials of the Department of Commerce pursuant to this 
        section.
            (5) Rule of construction concerning right to access.--No 
        provision of this section shall be construed to create a right 
        to obtain access to information in the possession of the 
        Federal Government that was considered in an action or finding 
        of the Secretary of Commerce, including any classified 
        information or sensitive but unclassified information.
            (6) Exemption from freedom of information act.--Any 
        information made available to officials of the Department of 
        Commerce pursuant to this section is exempt from disclosure 
        under section 552 of title 5, United States Code (commonly 
        referred to as the ``Freedom of Information Act'').

SEC. 506. REVIEW REGARDING INFORMATION COLLECTION AND ANALYSIS WITH 
              RESPECT TO ECONOMIC COMPETITION.

    (a) Review.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall complete a review of the requirements and 
        access to commercial information used by elements of the 
        intelligence community for analysis of capital flows, 
        investment security, beneficial ownership of entities, and 
        other transactions and functions related to identifying 
        threats, gaps, and opportunities with respect to economic 
        competition with foreign countries, including the People's 
        Republic of China.
            (2) Elements.--The review required by paragraph (1) shall 
        include the following:
                    (A) The length and expiration of licenses for 
                access to commercial information.
                    (B) The number of such licenses permitted for each 
                element of the intelligence community.
                    (C) The number of such licenses permitted for 
                Federal departments and agencies that are not elements 
                of the intelligence community, including the Department 
                of Commerce.
    (b) Report; Briefing.--
            (1) In general.--Not later than 60 days after the date on 
        which the review required by subsection (a)(1) is completed, 
        the Director of National Intelligence shall submit a report and 
        provide a briefing to Congress on the findings of the review.
            (2) Elements.--The report and briefing required by 
        paragraph (1) shall include the following:
                    (A) The findings of the review required by 
                subsection (a)(1).
                    (B) Recommendations of the Director on whether and 
                how the standardization of access to commercial 
                information, the expansion of licenses for such access, 
                the lengthening of license terms beyond 1 year, and the 
                issuance of Government-wide (as opposed to agency-by-
                agency) licenses would advance the open-source 
                collection and analytical requirements of the 
                intelligence community with respect to economic 
                competition with foreign countries, including the 
                People's Republic of China.
                    (C) An assessment of cost savings or increases that 
                may result from the standardization described in 
                subparagraph (B).
            (3) Form.--The report and briefing required by paragraph 
        (1) may be classified.

   Subtitle B--Next-generation Energy, Biotechnology, and Artificial 
                              Intelligence

SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND TECHNOLOGICAL 
              CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

    Section 6503(c)(3) of the Intelligence Authorization Act for Fiscal 
Year 2023 (Public Law 117-263) is amended by adding at the end the 
following:
                    ``(I) A detailed assessment, prepared in 
                consultation with all elements of the working group--
                            ``(i) of the investments made by the 
                        People's Republic of China in--
                                    ``(I) artificial intelligence;
                                    ``(II) next-generation energy 
                                technologies, especially small modular 
                                reactors and advanced batteries; and
                                    ``(III) biotechnology; and
                            ``(ii) that identifies--
                                    ``(I) competitive practices of the 
                                People's Republic of China relating to 
                                the technologies described in clause 
                                (i);
                                    ``(II) opportunities to counter the 
                                practices described in subclause (I);
                                    ``(III) countries the People's 
                                Republic of China is targeting for 
                                exports of civil nuclear technology;
                                    ``(IV) countries best positioned to 
                                utilize civil nuclear technologies from 
                                the United States in order to 
                                facilitate the commercial export of 
                                those technologies;
                                    ``(V) United States vulnerabilities 
                                in the supply chain of these 
                                technologies; and
                                    ``(VI) opportunities to counter the 
                                export by the People's Republic of 
                                China of civil nuclear technologies 
                                globally.
                    ``(J) An identification and assessment of any unmet 
                resource or authority needs of the working group that 
                affect the ability of the working group to carry out 
                this section.''.

SEC. 512. PROCUREMENT OF PUBLIC UTILITY CONTRACTS.

    Subparagraph (B) of section 501(b)(1) of title 40, United States 
Code, is amended to read as follows:
                    ``(B) Public utility contracts.--
                            ``(i) In general.--A contract for public 
                        utility services may be made--
                                    ``(I) except as provided in 
                                subclause (II), for a period of not 
                                more than 10 years; or
                                    ``(II) for an executive agency that 
                                is, or has a component that is, an 
                                element of the intelligence community 
                                (as defined in section 3 of the 
                                National Security Act of 1947 (50 
                                U.S.C. 3003)), for a period of not more 
                                than 30 years, if the executive agency 
                                determines the extended period is in 
                                the best interests of national 
                                security.
                            ``(ii) Payment.--The cost of a public 
                        utility services contract for any year may be 
                        paid from annual appropriations for that 
                        year.''.

SEC. 513. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR INTELLIGENCE 
              COMMUNITY CAPABILITIES.

    (a) Assessment Required.--The Director of National Intelligence 
shall, in consultation with the heads of such other elements of the 
intelligence community as the Director considers appropriate, conduct 
an assessment of capabilities identified by the Intelligence Community 
Continuity Program established pursuant to section E(3) of Intelligence 
Community Directive 118, or any successor directive, or such other 
facilities or capabilities as may be determined by the Director to be 
critical to United States national security, that have unique energy 
needs--
            (1) to ascertain the feasibility and advisability of using 
        civil nuclear reactors to meet such needs; and
            (2) to identify such additional resources, technologies, 
        infrastructure, or authorities needed, or other potential 
        obstacles, to commence use of a nuclear reactor to meet such 
        needs.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Director shall submit to the congressional 
intelligence committees a report, which may be in classified form, on 
the findings of the Director with respect to the assessment conducted 
pursuant to subsection (a).

SEC. 514. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL INTELLIGENCE FOR 
              ARTIFICIAL INTELLIGENCE CAPABILITIES.

    (a) In General.--Section 6702 of the Intelligence Authorization Act 
for Fiscal Year 2023 (50 U.S.C. 3334m) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``subsection (b)'' and inserting ``subsection 
        (c)'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Policies.--
            ``(1) In general.--In carrying out subsection (a)(1), not 
        later than 1 year after the date of the enactment of the 
        Intelligence Authorization Act for Fiscal Year 2024, the 
        Director of National Intelligence, in consultation with the 
        heads of the elements of the intelligence community, shall 
        establish the policies described in paragraph (2).
            ``(2) Policies described.--The policies described in this 
        paragraph are policies for the acquisition, adoption, 
        development, use, coordination, and maintenance of artificial 
        intelligence capabilities that--
                    ``(A) establish a lexicon relating to the use of 
                machine learning and artificial intelligence developed 
                or acquired by elements of the intelligence community;
                    ``(B) establish guidelines for evaluating the 
                performance of models developed or acquired by elements 
                of the intelligence community, such as by--
                            ``(i) specifying conditions for the 
                        continuous monitoring of artificial 
                        intelligence capabilities for performance, 
                        including the conditions for retraining or 
                        retiring models based on performance;
                            ``(ii) documenting performance objectives, 
                        including specifying how performance objectives 
                        shall be developed and contractually enforced 
                        for capabilities procured from third parties;
                            ``(iii) specifying the manner in which 
                        models should be audited, as necessary, 
                        including the types of documentation that 
                        should be provided to any auditor; and
                            ``(iv) specifying conditions under which 
                        models used by elements of the intelligence 
                        community should be subject to testing and 
                        evaluation for vulnerabilities to techniques 
                        meant to undermine the availability, integrity, 
                        or privacy of an artificial intelligence 
                        capability;
                    ``(C) establish guidelines for tracking 
                dependencies in adjacent systems, capabilities, or 
                processes impacted by the retraining or sunsetting of 
                any model described in subparagraph (B);
                    ``(D) establish documentation requirements for 
                capabilities procured from third parties, aligning such 
                requirements, as necessary, with existing documentation 
                requirements applicable to capabilities developed by 
                elements of the intelligence community and, to the 
                greatest extent possible, with industry standards;
                    ``(E) establish standards for the documentation of 
                imputed, augmented, or synthetic data used to train any 
                model developed, procured, or used by an element of the 
                intelligence community; and
                    ``(F) provide guidance on the acquisition and usage 
                of models that have previously been trained by a third 
                party for subsequent modification and usage by such an 
                element.
            ``(3) Policy review and revision.--The Director of National 
        Intelligence shall periodically review and revise each policy 
        established under paragraph (1).''.
    (b) Conforming Amendment.--Section 6712(b)(1) of such Act (50 
U.S.C. 3024 note) is amended by striking ``section 6702(b)'' and 
inserting ``section 6702(c)''.

SEC. 515. STRATEGY FOR SUBMITTAL OF NOTICE BY PRIVATE PERSONS TO 
              FEDERAL AGENCIES REGARDING CERTAIN RISKS AND THREATS 
              RELATING TO ARTIFICIAL INTELLIGENCE.

    (a) Findings.--Congress finds the following:
            (1) Artificial intelligence systems demonstrate increased 
        capabilities in the generation of synthetic media and computer 
        programming code, and in areas such as object recognition, 
        natural language processing, biological design, and workflow 
        orchestration.
            (2) The growing capabilities of artificial intelligence 
        systems in the areas described in paragraph (1), as well as the 
        greater accessibility of large-scale artificial intelligence 
        models to individuals, businesses, and governments, have 
        dramatically increased the adoption of artificial intelligence 
        products in the United States and globally.
            (3) The advanced capabilities of the systems described in 
        paragraph (1), and their accessibility to a wide range of 
        users, have increased the likelihood and effect of misuse or 
        malfunction of these systems, such as to generate synthetic 
        media for disinformation campaigns, develop or refine malware 
        for computer network exploitation activity, design or develop 
        dual-use biological entities such as toxic small molecules, 
        proteins, or pathogenic organisms, enhance surveillance 
        capabilities in ways that undermine the privacy of citizens of 
        the United States, and increase the risk of exploitation or 
        malfunction of information technology systems incorporating 
        artificial intelligence systems in mission-critical fields such 
        as health care, critical infrastructure, and transportation.
    (b) Strategy Required.--Not later than 180 days after the date of 
the enactment of this Act, the President shall establish a strategy by 
which vendors and commercial users of artificial intelligence systems, 
as well as independent researchers and other third parties, may 
effectively notify appropriate elements of the United States Government 
of--
            (1) information security risks emanating from artificial 
        intelligence systems, such as the use of an artificial 
        intelligence system to develop or refine malicious software;
            (2) information security risks such as indications of 
        compromise or other threat information indicating a compromise 
        to the confidentiality, integrity, or availability of an 
        artificial intelligence system, or to the supply chain of an 
        artificial intelligence system, including training or test 
        data, frameworks, computing environments, or other components 
        necessary for the training, management, or maintenance of an 
        artificial intelligence system;
            (3) biosecurity risks emanating from artificial 
        intelligence systems, such as the use of an artificial 
        intelligence system to design, develop, or acquire dual-use 
        biological entities such as putatively toxic small molecules, 
        proteins, or pathogenic organisms;
            (4) suspected foreign malign influence (as defined by 
        section 119C of the National Security Act of 1947 (50 U.S.C. 
        3059(f))) activity that appears to be facilitated by an 
        artificial intelligence system; and
            (5) any other unlawful activity facilitated by, or directed 
        at, an artificial intelligence system.
    (c) Elements.--The strategy established pursuant to subsection (b) 
shall include the following:
            (1) An outline of a plan for Federal agencies to engage in 
        industry outreach and public education on the risks posed by, 
        and directed at, artificial intelligence systems.
            (2) Use of research and development, stakeholder outreach, 
        and risk management frameworks established pursuant to 
        provisions of law in effect on the day before the date of the 
        enactment of this Act or Federal agency guidelines.

                    TITLE VI--WHISTLEBLOWER MATTERS

SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION BY 
              WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY.

    (a) Amendments to Chapter 4 of Title 5.--
            (1) Appointment of security officers.--Section 416 of title 
        5, United States Code, is amended by adding at the end the 
        following:
    ``(i) Appointment of Security Officers.--Each Inspector General 
under this section, including the designees of the Inspector General of 
the Department of Defense pursuant to subsection (b)(3), shall appoint 
within their offices security officers to provide, on a permanent 
basis, confidential, security-related guidance and direction to an 
employee of their respective establishment, an employee assigned or 
detailed to such establishment, or an employee of a contractor of such 
establishment who intends to report to Congress a complaint or 
information, so that such employee can obtain direction on how to 
report to Congress in accordance with appropriate security 
practices.''.
            (2) Procedures.--Subsection (e) of such section is 
        amended--
                    (A) in paragraph (1), by inserting ``or any other 
                committee of jurisdiction of the Senate or the House of 
                Representatives'' after ``either or both of the 
                intelligence committees'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the employee may contact an 
                intelligence committee or another committee of 
                jurisdiction directly as described in paragraph (1) of 
                this subsection or in subsection (b)(4) only if the 
                employee--
                            ``(i) before making such a contact, 
                        furnishes to the head of the establishment, 
                        through the Inspector General (or designee), a 
                        statement of the employee's complaint or 
                        information and notice of the employee's intent 
                        to contact an intelligence committee or another 
                        committee of jurisdiction of the Senate or the 
                        House of Representatives directly; and
                            ``(ii)(I) obtains and follows, from the 
                        head of the establishment, through the 
                        Inspector General (or designee), procedural 
                        direction on how to contact an intelligence 
                        committee or another committee of jurisdiction 
                        of the Senate or the House of Representatives 
                        in accordance with appropriate security 
                        practices; or
                            ``(II) obtains and follows such procedural 
                        direction from the applicable security officer 
                        appointed under subsection (i).
                    ``(B) Lack of procedural direction.--If an employee 
                seeks procedural direction under subparagraph (A)(ii) 
                and does not receive such procedural direction within 
                30 days, or receives insufficient direction to report 
                to Congress a complaint or information, the employee 
                may contact an intelligence committee or any other 
                committee of jurisdiction of the Senate or the House of 
                Representatives directly without obtaining or following 
                the procedural direction otherwise required under such 
                subparagraph.''; and
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) Committee members and staff.--An employee of an 
        element of the intelligence community who intends to report to 
        Congress a complaint or information may report such complaint 
        or information to the Chairman and Vice Chairman or Ranking 
        Member, as the case may be, of an intelligence committee or 
        another committee of jurisdiction of the Senate or the House of 
        Representatives, a nonpartisan member of the committee staff 
        designated for purposes of receiving complaints or information 
        under this section, or a member of the majority staff and a 
        member of the minority staff of the committee.''.
            (3) Clarification of right to report directly to 
        congress.--Subsection (b) of such section is amended by adding 
        at the end the following:
            ``(4) Clarification of right to report directly to 
        congress.--Subject to paragraphs (2) and (3) of subsection (e), 
        an employee of an element of the intelligence community who 
        intends to report to Congress a complaint or information may 
        report such complaint or information directly to Congress, 
        regardless of whether the complaint or information is with 
        respect to an urgent concern--
                    ``(A) in lieu of reporting such complaint or 
                information under paragraph (1); or
                    ``(B) in addition to reporting such complaint or 
                information under paragraph (1).''.
    (b) Amendments to National Security Act of 1947.--
            (1) Appointment of security officers.--Section 103H(j) of 
        the National Security Act of 1947 (50 U.S.C. 3033(j)) is 
        amended by adding at the end the following:
            ``(5) The Inspector General shall appoint within the Office 
        of the Inspector General security officers as required by 
        section 416(i) of title 5, United States Code.''.
            (2) Procedures.--Subparagraph (D) of section 103H(k)(5) of 
        such Act (50 U.S.C. 3033(k)(5)) is amended--
                    (A) in clause (i), by inserting ``or any other 
                committee of jurisdiction of the Senate or the House of 
                Representatives'' after ``either or both of the 
                congressional intelligence committees'';
                    (B) by amending clause (ii) to read as follows:
            ``(ii)(I) Except as provided in subclause (II), an employee 
        may contact a congressional intelligence committee or another 
        committee of jurisdiction directly as described in clause (i) 
        only if the employee--
                    ``(aa) before making such a contact, furnishes to 
                the Director, through the Inspector General, a 
                statement of the employee's complaint or information 
                and notice of the employee's intent to contact a 
                congressional intelligence committee or another 
                committee of jurisdiction of the Senate or the House of 
                Representatives directly; and
                    ``(bb)(AA) obtains and follows, from the Director, 
                through the Inspector General, procedural direction on 
                how to contact a congressional intelligence committee 
                or another committee of jurisdiction of the Senate or 
                the House of Representatives in accordance with 
                appropriate security practices; or
                    ``(BB) obtains and follows such procedural 
                direction from the applicable security officer 
                appointed under section 416(i) of title 5, United 
                States Code.
                    ``(II) If an employee seeks procedural direction 
                under subclause (I)(bb) and does not receive such 
                procedural direction within 30 days, or receives 
                insufficient direction to report to Congress a 
                complaint or information, the employee may contact a 
                congressional intelligence committee or any other 
                committee of jurisdiction of the Senate or the House of 
                Representatives directly without obtaining or following 
                the procedural direction otherwise required under such 
                subclause.'';
                    (C) by redesignating clause (iii) as clause (iv); 
                and
                    (D) by inserting after clause (ii) the following:
            ``(iii) An employee of an element of the intelligence 
        community who intends to report to Congress a complaint or 
        information may report such complaint or information to the 
        Chairman and Vice Chairman or Ranking Member, as the case may 
        be, of a congressional intelligence committee or another 
        committee of jurisdiction of the Senate or the House of 
        Representatives, a nonpartisan member of the committee staff 
        designated for purposes of receiving complaints or information 
        under this section, or a member of the majority staff and a 
        member of the minority staff of the committee.''.
            (3) Clarification of right to report directly to 
        congress.--Subparagraph (A) of such section is amended--
                    (A) by inserting ``(i)'' before ``An employee of''; 
                and
                    (B) by adding at the end the following:
            ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
        (D), an employee of an element of the intelligence community 
        who intends to report to Congress a complaint or information 
        may report such complaint or information directly to Congress, 
        regardless of whether the complaint or information is with 
        respect to an urgent concern--
                    ``(I) in lieu of reporting such complaint or 
                information under clause (i); or
                    ``(II) in addition to reporting such complaint or 
                information under clause (i).''.
    (c) Amendments to the Central Intelligence Agency Act of 1949.--
            (1) Appointment of security officers.--Section 17(d)(5) of 
        the Central Intelligence Agency Act of 1949 (50 U.S.C. 
        3517(d)(5)) is amended by adding at the end the following:
    ``(I) The Inspector General shall appoint within the Office of the 
Inspector General security officers as required by section 416(i) of 
title 5, United States Code.''.
            (2) Procedures.--Subparagraph (D) of such section is 
        amended--
                    (A) in clause (i), by inserting ``or any other 
                committee of jurisdiction of the Senate or the House of 
                Representatives'' after ``either or both of the 
                intelligence committees'';
                    (B) by amending clause (ii) to read as follows:
    ``(ii)(I) Except as provided in subclause (II), an employee may 
contact an intelligence committee or another committee of jurisdiction 
directly as described in clause (i) only if the employee--
            ``(aa) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the 
        employee's intent to contact an intelligence committee or 
        another committee of jurisdiction of the Senate or the House of 
        Representatives directly; and
            ``(bb)(AA) obtains and follows, from the Director, through 
        the Inspector General, procedural direction on how to contact 
        an intelligence committee or another committee of jurisdiction 
        of the Senate or the House of Representatives in accordance 
        with appropriate security practices; or
            ``(BB) obtains and follows such procedural direction from 
        the applicable security officer appointed under section 416(i) 
        of title 5, United States Code.
            ``(II) If an employee seeks procedural direction under 
        subclause (I)(bb) and does not receive such procedural 
        direction within 30 days, or receives insufficient direction to 
        report to Congress a complaint or information, the employee may 
        contact an intelligence committee or another committee of 
        jurisdiction of the Senate or the House of Representatives 
        directly without obtaining or following the procedural 
        direction otherwise required under such subclause.'';
                    (C) by redesignating clause (iii) as clause (iv); 
                and
                    (D) by inserting after clause (ii) the following:
    ``(iii) An employee of the Agency who intends to report to Congress 
a complaint or information may report such complaint or information to 
the Chairman and Vice Chairman or Ranking Member, as the case may be, 
of an intelligence committee or another committee of jurisdiction of 
the Senate or the House of Representatives, a nonpartisan member of the 
committee staff designated for purposes of receiving complaints or 
information under this section, or a member of the majority staff and a 
member of the minority staff of the committee.''.
            (3) Clarification of right to report directly to 
        congress.--Subparagraph (A) of such section is amended--
                    (A) by inserting ``(i)'' before ``An employee of''; 
                and
                    (B) by adding at the end the following:
    ``(ii) Subject to clauses (ii) and (iii) of subparagraph (D), an 
employee of the Agency who intends to report to Congress a complaint or 
information may report such complaint or information directly to 
Congress, regardless of whether the complaint or information is with 
respect to an urgent concern--
            ``(I) in lieu of reporting such complaint or information 
        under clause (i); or
            ``(II) in addition to reporting such complaint or 
        information under clause (i).''.
    (d) Rule of Construction.--Nothing in this section or an amendment 
made by this section shall be construed to revoke or diminish any right 
of an individual provided by section 2303 of title 5, United States 
Code.

SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS 
              REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES 
              AND CONTRACTORS IN INTELLIGENCE COMMUNITY.

    (a) In General.--Section 1104 of the National Security Act of 1947 
(50 U.S.C. 3234) is amended--
            (1) in subsection (a)(3) of such section--
                    (A) in subparagraph (I), by striking ``; or'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (J) as 
                subparagraph (K); and
                    (C) by inserting after subparagraph (I) the 
                following:
                    ``(J) a knowing and willful disclosure revealing 
                the identity or other personally identifiable 
                information of an employee or contractor employee so as 
                to identify the employee or contractor employee as an 
                employee or contractor employee who has made a lawful 
                disclosure described in subsection (b) or (c); or'';
            (2) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Personnel Actions Involving Disclosure of Whistleblower 
Identity.--A personnel action described in subsection (a)(3)(J) shall 
not be considered to be in violation of subsection (b) or (c) under the 
following circumstances:
            ``(1) The personnel action was taken with the express 
        consent of the employee or contractor employee.
            ``(2) An Inspector General with oversight responsibility 
        for a covered intelligence community element determines that--
                    ``(A) the personnel action was unavoidable under 
                section 103H(g)(3)(A) of this Act (50 U.S.C. 
                3033(g)(3)(A)), section 17(e)(3)(A) of the Central 
                Intelligence Agency Act of 1949 (50 U.S.C. 
                3517(e)(3)(A)), section 407(b) of title 5, United 
                States Code, or section 420(b)(2)(B) of such title;
                    ``(B) the personnel action was made to an official 
                of the Department of Justice responsible for 
                determining whether a prosecution should be undertaken; 
                or
                    ``(C) the personnel action was required by statute 
                or an order from a court of competent jurisdiction.''.
    (b) Applicability to Detailees.--Subsection (a) of section 1104 of 
such Act (50 U.S.C. 3234) is amended by adding at the end the 
following:
            ``(5) Employee.--The term `employee', with respect to an 
        agency or a covered intelligence community element, includes an 
        individual who has been detailed to such agency or covered 
        intelligence community element.''.
    (c) Private Right of Action for Unlawful Disclosure of 
Whistleblower Identity.--Subsection (g) of such section, as 
redesignated by subsection (a)(2) of this section, is amended to read 
as follows:
    ``(g) Enforcement.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the President shall provide for the enforcement of 
        this section.
            ``(2) Harmonization with other enforcement.--To the fullest 
        extent possible, the President shall provide for enforcement of 
        this section in a manner that is consistent with the 
        enforcement of section 2302(b)(8) of title 5, United States 
        Code, especially with respect to policies and procedures used 
        to adjudicate alleged violations of such section.
            ``(3) Private right of action for disclosures of 
        whistleblower identity in violation of prohibition against 
        reprisals.--Subject to paragraph (4), in a case in which an 
        employee of an agency takes a personnel action described in 
        subsection (a)(3)(J) against an employee of a covered 
        intelligence community element as a reprisal in violation of 
        subsection (b) or in a case in which an employee or contractor 
        employee takes a personnel action described in subsection 
        (a)(3)(J) against another contractor employee as a reprisal in 
        violation of subsection (c), the employee or contractor 
        employee against whom the personnel action was taken may, 
        consistent with section 1221 of title 5, United States Code, 
        bring a private action for all appropriate remedies, including 
        injunctive relief and compensatory and punitive damages, in an 
        amount not to exceed $250,000, against the agency of the 
        employee or contracting agency of the contractor employee who 
        took the personnel action, in a Federal district court of 
        competent jurisdiction.
            ``(4) Requirements.--
                    ``(A) Review by inspector general and by external 
                review panel.--Before the employee or contractor 
                employee may bring a private action under paragraph 
                (3), the employee or contractor employee shall exhaust 
                administrative remedies by--
                            ``(i) first, obtaining a disposition of 
                        their claim by requesting review by the 
                        appropriate inspector general; and
                            ``(ii) second, if the review under clause 
                        (i) does not substantiate reprisal, by 
                        submitting to the Inspector General of the 
                        Intelligence Community a request for a review 
                        of the claim by an external review panel under 
                        section 1106.
                    ``(B) Period to bring action.--The employee or 
                contractor employee may bring a private right of action 
                under paragraph (3) during the 180-day period beginning 
                on the date on which the employee or contractor 
                employee is notified of the final disposition of their 
                claim under section 1106.''.

SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY CLEARANCE 
              AND ACCESS DETERMINATIONS.

    Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended 
to read as follows:
                    ``(C) Contributing factor.--
                            ``(i) In general.--Subject to clause (iii), 
                        in determining whether the adverse security 
                        clearance or access determination violated 
                        paragraph (1), the agency shall find that 
                        paragraph (1) was violated if the individual 
                        has demonstrated that a disclosure described in 
                        paragraph (1) was a contributing factor in the 
                        adverse security clearance or access 
                        determination taken against the individual.
                            ``(ii) Circumstantial evidence.--An 
                        individual under clause (i) may demonstrate 
                        that the disclosure was a contributing factor 
                        in the adverse security clearance or access 
                        determination taken against the individual 
                        through circumstantial evidence, such as 
                        evidence that--
                                    ``(I) the official making the 
                                determination knew of the disclosure; 
                                and
                                    ``(II) the determination occurred 
                                within a period such that a reasonable 
                                person could conclude that the 
                                disclosure was a contributing factor in 
                                the determination.
                            ``(iii) Defense.--In determining whether 
                        the adverse security clearance or access 
                        determination violated paragraph (1), the 
                        agency shall not find that paragraph (1) was 
                        violated if, after a finding that a disclosure 
                        was a contributing factor, the agency 
                        demonstrates by clear and convincing evidence 
                        that it would have made the same security 
                        clearance or access determination in the 
                        absence of such disclosure.''.

SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR RETALIATORY 
              REVOCATION OF SECURITY CLEARANCES AND ACCESS 
              DETERMINATIONS.

    Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the 
second sentence, by striking ``not to exceed $300,000''.

SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.

    (a) Modification of Frequency of Whistleblower Notifications to 
Inspector General of the Intelligence Community.--Section 5334(a) of 
the Damon Paul Nelson and Matthew Young Pollard Intelligence 
Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law 
116-92; 50 U.S.C. 3033 note) is amended by striking ``in real time'' 
and inserting ``monthly''.
    (b) Repeal of Requirement for Inspectors General Reviews of 
Enhanced Personnel Security Programs.--
            (1) In general.--Section 11001 of title 5, United States 
        Code, is amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating subsection (e) as subsection 
                (d).
            (2) Technical corrections.--Subsection (d) of section 11001 
        of such title, as redesignated by paragraph (1)(B), is 
        amended--
                    (A) in paragraph (3), by adding ``and'' after the 
                semicolon at the end; and
                    (B) in paragraph (4), by striking ``; and'' and 
                inserting a period.

                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

                  CHAPTER 1--SHORT TITLE; DEFINITIONS

SEC. 701. SHORT TITLE.

    This subtitle may be cited as the ``Classification Reform Act of 
2023''.

SEC. 702. DEFINITIONS.

    Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et 
seq.) is amended--
            (1) in the title heading by striking ``ACCESS TO CLASSIFIED 
        INFORMATION PROCEDURES'' and inserting ``PROTECTION OF NATIONAL 
        SECURITY INFORMATION'';
            (2) in the matter before section 801, by inserting the 
        following:

                       ``Subtitle A--Definitions

``SEC. 800. DEFINITIONS.

    ``In this title:
            ``(1) Agency.--The term `agency' means any Executive agency 
        as defined in section 105 of title 5, United States Code, any 
        military department as defined in section 102 of such title, 
        and any other entity in the executive branch of the Federal 
        Government that comes into the possession of classified 
        information.
            ``(2) Authorized investigative agency.--The term 
        `authorized investigative agency' means an agency authorized by 
        law or regulation to conduct a counterintelligence 
        investigation or investigations of persons who are proposed for 
        access to classified information to ascertain whether such 
        persons satisfy the criteria for obtaining and retaining access 
        to such information.
            ``(3) Classify, classified, classification.--The terms 
        `classify', `classified', and `classification' refer to the 
        process by which information is determined to require 
        protection from unauthorized disclosure pursuant to this title 
        in order to protect the national security of the United States.
            ``(4) Classified information.--The term `classified 
        information' means information that has been classified.
            ``(5) Computer.--The term `computer' means any electronic, 
        magnetic, optical, electrochemical, or other high-speed data 
        processing device performing logical, arithmetic, or storage 
        functions, and includes any data storage facility or 
        communications facility directly related to or operating in 
        conjunction with such device and any data or other information 
        stored or contained in such device.
            ``(6) Consumer reporting agency.--The term `consumer 
        reporting agency' has the meaning given such term in section 
        603 of the Consumer Credit Protection Act (15 U.S.C. 1681a).
            ``(7) Declassify, declassified, declassification.--The 
        terms `declassify', `declassified', and `declassification' 
        refer to the process by which information that has been 
        classified is determined to no longer require protection from 
        unauthorized disclosure pursuant to this title.
            ``(8) Document.--The term `document' means any recorded 
        information, regardless of the nature of the medium or the 
        method or circumstances of recording.
            ``(9) Employee.--The term `employee' includes any person 
        who receives a salary or compensation of any kind from the 
        United States Government, is a contractor of the United States 
        Government or an employee thereof, is an unpaid consultant of 
        the United States Government, or otherwise acts for or on 
        behalf of the United States Government, except as otherwise 
        determined by the President.
            ``(10) Executive agent for classification and 
        declassification.--The term `Executive Agent for Classification 
        and Declassification' means the Executive Agent for 
        Classification and Declassification established by section 
        811(a).
            ``(11) Financial agency and holding company.--The terms 
        `financial agency' and `financial institution' have the 
        meanings given to such terms in section 5312(a) of title 31, 
        United States Code, and the term `holding company' has the 
        meaning given to such term in section 1101(6) of the Right to 
        Financial Privacy Act of 1978 (12 U.S.C. 3401).
            ``(12) Foreign power and agent of a foreign power.--The 
        terms `foreign power' and `agent of a foreign power' have the 
        meanings given such terms in section 101 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
            ``(13) Information.--The term `information' means any 
        knowledge that can be communicated, or documentary material, 
        regardless of its physical form or characteristics, that is 
        owned by, is produced by or for, or is under the control of the 
        United States Government.
            ``(14) Information security oversight office.--The term 
        `Information Security Oversight Office' means the Information 
        Security Oversight Office established by section 814(a).
            ``(15) Original classification authority.--The term 
        `original classification authority' means an individual 
        authorized in writing, either by the President, the Vice 
        President, or by agency heads or other officials designated by 
        the President, to classify information in the first instance.
            ``(16) Records.--The term `records' means the records of an 
        agency and Presidential papers or Presidential records, as 
        those terms are defined in title 44, United States Code, 
        including those created or maintained by a government 
        contractor, licensee, certificate holder, or grantee that are 
        subject to the sponsoring agency's control under the terms of 
        the contract, license, certificate, or grant.
            ``(17) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, the United States Virgin Islands, Guam, 
        American Samoa, the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and the Republic of Palau, and 
        any other possession of the United States.

    ``Subtitle B--Access to Classified Information Procedures''; and

            (3) by striking section 805.

  CHAPTER 2--GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE SECURITY 
                         CLASSIFICATION SYSTEM

SEC. 711. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.

    Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et 
seq.), as amended by section 702, is further amended by adding at the 
end the following:

            ``Subtitle C--Security Classification Governance

``SEC. 811. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.

    ``(a) Establishment.--There is in the executive branch of the 
Federal Government an Executive Agent for Classification and 
Declassification who shall be responsible for promoting programs, 
processes, and systems relating to classification and declassification, 
including developing technical solutions for automating 
declassification review and directing resources for such purposes in 
the Federal Government.
    ``(b) Designation.--The Director of National Intelligence shall 
serve as the Executive Agent for Classification and Declassification.
    ``(c) Duties.--The duties of the Executive Agent for Classification 
and Declassification are as follows:
            ``(1) To promote classification and declassification 
        programs, processes, and systems with the goal of ensuring that 
        declassification activities keep pace with classification 
        activities and that classified information is declassified at 
        such time as it no longer meets the standard for 
        classification.
            ``(2) To promote classification and declassification 
        programs, processes, and systems that ensure secure management 
        of and tracking of classified records.
            ``(3) To promote the establishment of a federated 
        classification and declassification system to streamline, 
        modernize, and oversee declassification across agencies.
            ``(4) To direct resources to develop, coordinate, and 
        implement a federated classification and declassification 
        system that includes technologies that automate 
        declassification review and promote consistency in 
        declassification determinations across the executive branch of 
        the Federal Government.
            ``(5) To work with the Director of the Office of Management 
        and Budget in developing a line item for classification and 
        declassification in each budget of the President that is 
        submitted for a fiscal year under section 1105(a) of title 31, 
        United States Code.
            ``(6) To identify and support the development of--
                    ``(A) best practices for classification and 
                declassification among agencies; and
                    ``(B) goal-oriented classification and 
                declassification pilot programs.
            ``(7) To promote and implement technological and automated 
        solutions relating to classification and declassification, with 
        human input as necessary for key policy decisions.
            ``(8) To promote feasible, sustainable, and interoperable 
        programs and processes to facilitate a federated classification 
        and declassification system.
            ``(9) To direct the implementation across agencies of the 
        most effective programs and approaches relating to 
        classification and declassification.
            ``(10) To establish, oversee, and enforce acquisition and 
        contracting policies relating to classification and 
        declassification programs.
            ``(11) In coordination with the Information Security 
        Oversight Office--
                    ``(A) to issue policies and directives to the heads 
                of agencies relating to directing resources and making 
                technological investments in classification and 
                declassification that include support for a federated 
                system;
                    ``(B) to ensure implementation of the policies and 
                directives issued under subparagraph (A);
                    ``(C) to collect information on classification and 
                declassification practices and policies across 
                agencies, including training, accounting, challenges to 
                effective declassification, and costs associated with 
                classification and declassification;
                    ``(D) to develop policies for ensuring the accuracy 
                of information obtained from Federal agencies; and
                    ``(E) to develop accurate and relevant metrics for 
                judging the success of classification and 
                declassification policies and directives.
            ``(12) To work with appropriate agencies to oversee the 
        implementation of policies, procedures, and processes governing 
        the submission of materials for pre-publication review by 
        persons obligated to submit materials for such review by the 
        terms of a nondisclosure agreement signed in accordance with 
        Executive Order 12968 (50 U.S.C. 3161 note; relating to access 
        to classified information), or successor order, and to ensure 
        such policies, procedures, and processes--
                    ``(A) include clear and consistent guidance on 
                materials that must be submitted and the mechanisms for 
                making such submissions;
                    ``(B) produce timely and consistent determinations 
                across agencies; and
                    ``(C) incorporate mechanisms for the timely appeal 
                of such determinations.
    ``(d) Consultation With Executive Committee on Classification and 
Declassification Programs and Technology.--In making decisions under 
this section, the Executive Agent for Classification and 
Declassification shall consult with the Executive Committee on 
Classification and Declassification Programs and Technology established 
under section 102(a).
    ``(e) Coordination With the National Declassification Center.--In 
implementing a federated classification and declassification system, 
the Executive Agent for Classification and Declassification shall act 
in coordination with the National Declassification Center established 
by section 3.7(a) of Executive Order 13526 (50 U.S.C. 3161 note; 
relating to classified national security information), or successor 
order.
    ``(f) Standards and Directives of the Information Security 
Oversight Office.--The programs, policies, and systems promoted by the 
Executive Agent for Classification and Declassification shall be 
consistent with the standards and directives established by the 
Information Security Oversight Office.
    ``(g) Annual Report.--
            ``(1) In general.--Not later than the end of the first full 
        fiscal year beginning after the date of the enactment of the 
        Classification Reform Act of 2023 and not less frequently than 
        once each fiscal year thereafter, the Executive Agent for 
        Classification and Declassification shall submit to Congress 
        and make available to the public a report on the implementation 
        of classification and declassification programs and processes 
        in the most recently completed fiscal year.
            ``(2) Coordination.--Each report submitted and made 
        available under paragraph (1) shall be coordinated with the 
        annual report of the Information Security Oversight Office 
        issued pursuant to section 814(d).
            ``(3) Contents.--Each report submitted and made available 
        under subsection (a) shall include, for the period covered by 
        the report, the following:
                    ``(A) The costs incurred by the Federal Government 
                for classification and declassification.
                    ``(B) A description of information systems of the 
                Federal Government and technology programs, processes, 
                and systems of agencies related to classification and 
                declassification.
                    ``(C) A description of the policies and directives 
                issued by the Executive Agent for Classification and 
                Declassification and other activities of the Executive 
                Agent for Classification and Declassification.
                    ``(D) A description of the challenges posed to 
                agencies in implementing the policies and directives of 
                the Executive Agent for Classification and 
                Declassification as well as relevant implementing 
                policies of the agencies.
                    ``(E) A description of pilot programs and new 
                investments in programs, processes, and systems 
                relating to classification and declassification and 
                metrics of effectiveness for such programs, processes, 
                and systems.
                    ``(F) A description of progress and challenges in 
                achieving the goal described in (c)(1).
    ``(h) Funding.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this section amounts 
        as follows:
                    ``(A) $5,000,000 for fiscal year 2024.
                    ``(B) For fiscal year 2025 and each fiscal year 
                thereafter, such sums as may be necessary to carry out 
                this section.
            ``(2) Budget estimates.--In each budget that the President 
        submits to Congress for a fiscal year under section 1105(a) of 
        title 31, United States Code, the President shall include an 
        estimate of the amounts required to carry out this section in 
        that fiscal year.''.

SEC. 712. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION 
              PROGRAMS AND TECHNOLOGY.

    Subtitle C of title VIII of the National Security Act of 1947 (50 
U.S.C. 3161 et seq.), as added by section 711, is further amended by 
adding at the end the following:

``SEC. 812. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION 
              PROGRAMS AND TECHNOLOGY.

    ``(a) Establishment.--There is established a committee to provide 
direction, advice, and guidance to the Executive Agent for 
Classification and Declassification on matters relating to 
classification and declassification programs and technology.
    ``(b) Designation.--The committee established by subsection (a) 
shall be known as the `Executive Committee on Classification and 
Declassification Programs and Technology' (in this section referred to 
as the `Committee').
    ``(c) Membership.--
            ``(1) Composition.--The Committee shall be composed of the 
        following:
                    ``(A) The Director of National Intelligence.
                    ``(B) The Under Secretary of Defense for 
                Intelligence.
                    ``(C) The Secretary of Energy.
                    ``(D) The Secretary of State.
                    ``(E) The Director of the National Declassification 
                Center.
                    ``(F) The Director of the Information Security 
                Oversight Board.
                    ``(G) The Director of the Office of Management and 
                Budget.
                    ``(H) Such other members as the Executive Agent for 
                Classification and Declassification considers 
                appropriate.
            ``(2) Chairperson.--The President shall appoint the 
        chairperson of the Committee.''.

SEC. 713. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND 
              DECLASSIFICATION.

    Subtitle C of title VIII of the National Security Act of 1947 (50 
U.S.C. 3161 et seq.), as added by section 711 and amended by section 
712, is further amended by adding at the end the following:

``SEC. 813. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND 
              DECLASSIFICATION.

    ``The following are hereby advisory bodies for the Executive Agent 
for Classification and Declassification:
            ``(1) The Public Interest Declassification Board 
        established by section 703(a) of the Public Interest 
        Declassification Act of 2000 (Public Law 106-567).
            ``(2) The Office of the Historian of the Department of 
        State.
            ``(3) The Historical Office of the Secretary of Defense.
            ``(4) The Office of the Chief Historian of the Central 
        Intelligence Agency.''.

SEC. 714. INFORMATION SECURITY OVERSIGHT OFFICE.

    Subtitle C of title VIII of the National Security Act of 1947 (50 
U.S.C. 3161 et seq.), as added by section 711 and amended by sections 
712 and 713, is further amended by adding at the end the following:

``SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE.

    ``(a) Establishment.--
            ``(1) In general.--There is hereby established in the 
        executive branch of the Federal Government an office to ensure 
        the Government protects and provides proper access to 
        information to advance the national and public interest by 
        standardizing and assessing the management of classified and 
        controlled unclassified information through oversight, policy 
        development, guidance, education, and reporting.
            ``(2) Designation.--The office established by paragraph (1) 
        shall be known as the `Information Security Oversight Office' 
        (in this section referred to as the `Office').
    ``(b) Director.--There is in the Office a director who shall be the 
head of the Office and who shall be appointed by the President.
    ``(c) Duties.--The duties of the director of the Office, which the 
director shall carry out in coordination with the Executive Agent for 
Classification and Declassification, are as follows:
            ``(1) To develop directives to implement a uniform system 
        across the United States Government for classifying, 
        safeguarding, declassifying, and downgrading of national 
        security information.
            ``(2) To oversee implementation of such directives by 
        agencies through establishment of strategic goals and 
        objectives and periodic assessment of agency performance vis-a-
        vis such goals and objectives.
    ``(d) Annual Report.--Each fiscal year, the director of the Office 
shall submit to Congress a report on the execution of the duties of the 
director under subsection (c).
    ``(e) Funding.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this section amounts 
        as follows:
                    ``(A) $5,000,000 for fiscal year 2024.
                    ``(B) For fiscal year 2025 and each fiscal year 
                thereafter, such sums as may be necessary to carry out 
                this section.
            ``(2) Budget estimates.--In each budget that the President 
        submits to Congress for a fiscal year under section 1105(a) of 
        title 31, United States Code, the President shall include an 
        estimate of the amounts required to carry out this section in 
        that fiscal year.''.

                 CHAPTER 3--REDUCING OVERCLASSIFICATION

SEC. 721. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    (a) In General.--Title VIII of the National Security Act of 1947, 
as amended by chapter 2 of this subtitle, is further amended by adding 
at the end the following:

           ``Subtitle D--Classification and Declassification

``SEC. 821. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    ``(a) In General.--The President may, in accordance with this 
title, protect from unauthorized disclosure any information owned by, 
produced by or for, or under the control of the executive branch when 
there is a demonstrable need to do so in order to protect the national 
security of the United States.
    ``(b) Establishment of Standards and Procedures for Classification 
and Declassification.--
            ``(1) Governmentwide procedures.--
                    ``(A) Classification.--The President shall, to the 
                extent necessary, establish categories of information 
                that may be classified and procedures for classifying 
                information under subsection (a).
                    ``(B) Declassification.--At the same time the 
                President establishes categories and procedures under 
                subparagraph (A), the President shall establish 
                procedures for declassifying information that was 
                previously classified.
                    ``(C) Minimum requirements.--The procedures 
                established pursuant to subparagraphs (A) and (B) 
                shall--
                            ``(i) permit the classification of 
                        information only in cases in which the 
                        information meets the standard set forth in 
                        subsection (c) and require the declassification 
                        of information that does not meet such 
                        standard;
                            ``(ii) provide for no more than two levels 
                        of classification;
                            ``(iii) provide for the declassification of 
                        information classified under this title in 
                        accordance with subsection (d);
                            ``(iv) provide for the automatic 
                        declassification of classified records with 
                        permanent historical value in accordance with 
                        subsection (e); and
                            ``(v) provide for the timely review of 
                        materials submitted for pre-publication review 
                        in accordance with subsection (g).
            ``(2) Notice and comment.--
                    ``(A) Notice.--The President shall publish in the 
                Federal Register notice regarding the categories and 
                procedures proposed to be established under paragraph 
                (1).
                    ``(B) Comment.--The President shall provide an 
                opportunity for interested persons to submit comments 
                on the categories and procedures covered by 
                subparagraph (A).
                    ``(C) Deadline.--The President shall complete the 
                establishment of categories and procedures under this 
                subsection not later than 60 days after publishing 
                notice in the Federal Register under subparagraph (A). 
                Upon completion of the establishment of such categories 
                and procedures, the President shall publish in the 
                Federal Register notice regarding such categories and 
                procedures.
            ``(3) Modification.--In the event the President determines 
        to modify any categories or procedures established under 
        paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall 
        apply to the modification of such categories or procedures.
            ``(4) Agency standards and procedures.--
                    ``(A) In general.--The head of each agency shall 
                establish a single set of consolidated standards and 
                procedures to permit such agency to classify and 
                declassify information created by such agency in 
                accordance with the categories and procedures 
                established by the President under this section and 
                otherwise to carry out this title.
                    ``(B) Deadline.--Each agency head shall establish 
                the standards and procedures under subparagraph (A) not 
                later than 60 days after the date on which the 
                President publishes notice under paragraph (2)(C) of 
                the categories and standards established by the 
                President under this subsection.
                    ``(C) Submittal to congress.--Each agency head 
                shall submit to Congress the standards and procedures 
                established by such agency head under this paragraph.
    ``(c) Standard for Classification and Declassification.--
            ``(1) In general.--Subject to paragraphs (2) and (3), 
        information may be classified under this title, and classified 
        information under review for declassification under this title 
        may remain classified, only if the harm to national security 
        that might reasonably be expected from disclosure of such 
        information outweighs the public interest in disclosure of such 
        information.
            ``(2) Default rules.--
                    ``(A) Default with respect to classification.--In 
                the event of significant doubt as to whether the harm 
                to national security that might reasonably be expected 
                from the disclosure of information would outweigh the 
                public interest in the disclosure of such information, 
                such information shall not be classified.
                    ``(B) Default with respect to declassification.--In 
                the event of significant doubt as to whether the harm 
                to national security that might reasonably be expected 
                from the disclosure of information previously 
                classified under this title would outweigh the public 
                interest in the disclosure of such information, such 
                information shall be declassified.
            ``(3) Criteria.--For purposes of this subsection, in 
        determining the harm to national security that might reasonably 
        be expected from disclosure of information, and the public 
        interest in the disclosure of information, the official making 
        the determination shall consider the following:
                    ``(A) With regard to the harm to national security 
                that might reasonably be expected from disclosure of 
                information, whether or not disclosure of the 
                information would--
                            ``(i) reveal the identity of a confidential 
                        human source, or reveal information about the 
                        application of an intelligence source or 
                        method, or reveal the identity of a human 
                        intelligence source when the unauthorized 
                        disclosure of that source would clearly and 
                        demonstrably damage the national security 
                        interests of the United States;
                            ``(ii) reveal information that would assist 
                        in the development or use of weapons of mass 
                        destruction;
                            ``(iii) reveal information that would 
                        impair United States cryptologic systems or 
                        activities;
                            ``(iv) reveal information that would impair 
                        the application of state-of-the-art technology 
                        within a United States weapons system;
                            ``(v) reveal actual United States military 
                        war plans that remain in effect;
                            ``(vi) reveal information that would 
                        seriously and demonstrably impair relations 
                        between the United States and a foreign 
                        government, or seriously and demonstrably 
                        undermine ongoing diplomatic activities of the 
                        United States;
                            ``(vii) reveal information that would 
                        clearly and demonstrably impair the current 
                        ability of United States Government officials 
                        to protect the President, Vice President, and 
                        other officials for whom protection services, 
                        in the interest of national security, are 
                        authorized;
                            ``(viii) reveal information that would 
                        seriously and demonstrably impair current 
                        national security emergency preparedness plans; 
                        or
                            ``(ix) violate a statute, treaty, or 
                        international agreement.
                    ``(B) With regard to the public interest in 
                disclosure of information--
                            ``(i) whether or not disclosure of the 
                        information would better enable United States 
                        citizens to hold Government officials 
                        accountable for their actions and policies;
                            ``(ii) whether or not disclosure of the 
                        information would assist the United States 
                        criminal justice system in holding persons 
                        responsible for criminal acts or acts contrary 
                        to the Constitution;
                            ``(iii) whether or not disclosure of the 
                        information would assist Congress, or any 
                        committee or subcommittee thereof, in carrying 
                        out its oversight responsibilities with regard 
                        to the executive branch or in adequately 
                        informing itself of executive branch policies 
                        and activities in order to carry out its 
                        legislative responsibilities;
                            ``(iv) whether the disclosure of the 
                        information would assist Congress or the public 
                        in understanding the interpretation of the 
                        Federal Government of a provision of law, 
                        including Federal regulations, Presidential 
                        directives, statutes, case law, and the 
                        Constitution of the United States; or
                            ``(v) whether or not disclosure of the 
                        information would bring about any other 
                        significant benefit, including an increase in 
                        public awareness or understanding of Government 
                        activities or an enhancement of Government 
                        efficiency.
            ``(4) Written justification for classification.--
                    ``(A) Original classification.--Each agency 
                official who makes a decision to classify information 
                not previously classified shall, at the time of the 
                classification decision--
                            ``(i) identify himself or herself; and
                            ``(ii) provide in writing a detailed 
                        justification of that decision.
                    ``(B) Derivative classification.--In any case in 
                which an agency official or contractor employee 
                classifies a document on the basis of information 
                previously classified that is included or referenced in 
                the document, the official or employee, as the case may 
                be, shall--
                            ``(i) identify himself or herself in that 
                        document; and
                            ``(ii) use a concise notation, or similar 
                        means, to document the basis for that decision.
            ``(5) Classification prohibitions and limitations.--
                    ``(A) In general.--In no case shall information be 
                classified, continue to be maintained as classified, or 
                fail to be declassified in order--
                            ``(i) to conceal violations of law, 
                        inefficiency, or administrative error;
                            ``(ii) to prevent embarrassment to a 
                        person, organization, or agency;
                            ``(iii) to restrain competition; or
                            ``(iv) to prevent or delay the release of 
                        information that does not require protection in 
                        the interest of national security.
                    ``(B) Basic scientific research.--Basic scientific 
                research information not clearly related to national 
                security shall not be classified.
                    ``(C) Reclassification.--Information may not be 
                reclassified after being declassified and release to 
                the public under proper authority unless personally 
                approved by the President based on a determination that 
                such reclassification is required to prevent 
                significant and demonstrable damage to national 
                security;
    ``(d) Declassification of Information Classified Under Act.--
            ``(1) In general.--No information may remain classified 
        indefinitely.
            ``(2) Maximum period of classification.--Except as provided 
        in paragraphs (3), (4), and (5), information may not remain 
        classified under this title after the date that is 25 years 
        after the date of the original classification of the 
        information.
            ``(3) Earlier declassification.--When classifying 
        information under this title, an agency official may provide 
        for the declassification of the information as of a date or 
        event that is earlier than the date otherwise provided for 
        under paragraph (2).
            ``(4) Later declassification.--When classifying information 
        under this title, an agency official may provide for the 
        declassification of the information on the date that is 50 
        years after the date of the classification if the head of the 
        agency--
                    ``(A) determines that there is no likely set of 
                circumstances under which declassification would occur 
                within the time otherwise provided for under paragraph 
                (2);
                    ``(B)(i) obtains the concurrence of the director of 
                the Information Security Oversight Office in the 
                determination; or
                    ``(ii) seeks but is unable to obtain concurrence 
                under clause (i), obtains the concurrence of the 
                President; and
                    ``(C) submits to the President a certification of 
                the determination.
            ``(5) Postponement of declassification.--
                    ``(A) In general.--The declassification of any 
                information or category of information that would 
                otherwise be declassified under paragraph (2) or (4) 
                may be postponed, but only with the personal approval 
                of the President based on a determination that such 
                postponement is required to prevent significant and 
                demonstrable damage to the national security of the 
                United States.
                    ``(B) General duration of postponement.--
                Information the declassification of which is postponed 
                under this paragraph may remain classified not longer 
                than 10 years after the date of the postponement, 
                unless such classification is renewed by the President.
                    ``(C) Congressional notification.--Within 30 days 
                of any postponement or renewal of a postponement under 
                this paragraph, the President shall provide written 
                notification to Congress of such postponement or 
                renewal that describes the significant and demonstrable 
                damage to the national security of the United States 
                that justifies such postponement or renewal.
            ``(6) Basis for determinations.--An agency official making 
        a determination under this subsection with respect to the 
        duration of classification of information, or the 
        declassification of information, shall make the determination 
        required under subsection (c) with respect to classification or 
        declassification in accordance with an assessment of the 
        criteria specified in paragraph (3) of such subsection (c) that 
        is current as of the determination.
    ``(e) Automatic Declassification of Classified Records.--
            ``(1) In general.--Except as provided in paragraph (2), all 
        classified records that are more than 50 years old and have 
        been determined to have permanent historical value under title 
        44, United States Code, shall be automatically declassified on 
        December 31 of the year that is 50 years after the date on 
        which the records were created, whether or not the records have 
        been reviewed.
            ``(2) Postponement.--
                    ``(A) Agency postponement.--The head of an agency 
                may postpone automatic declassification under paragraph 
                (1) of specific records or information, or renew a 
                period of postponed automatic declassification, if the 
                agency head determines that disclosure of the records 
                or information would clearly and demonstrably be 
                expected--
                            ``(i) to reveal the identity of a 
                        confidential human source or a human 
                        intelligence source; or
                            ``(ii) to reveal information that would 
                        assist in the development, production, or use 
                        of weapons of mass destruction.
                    ``(B) Presidential postponement.--The President may 
                postpone automatic declassification under paragraph (1) 
                of specific records or information if the President 
                determines that such postponement is required to 
                prevent significant and demonstrable damage to the 
                national security of the United States.
                    ``(C) General duration of postponement.--A period 
                of postponement of automatic declassification under 
                this paragraph shall not exceed 10 years after the date 
                of the postponement, unless renewed by the agency head 
                who postponed the automatic declassification or the 
                President.
                    ``(D) Congressional notification.--Within 30 days 
                of any postponement or renewal of a postponement under 
                this paragraph, the President or the head of the agency 
                responsible for the postponement shall provide written 
                notification to Congress of such postponement or 
                renewal that describes the justification for such 
                postponement or renewal.
    ``(f) Declassification of Current Classified Information.--
            ``(1) Procedures.--The President shall establish procedures 
        for declassifying information that was classified before the 
        date of the enactment of the Classification Reform Act of 2023. 
        Such procedures shall, to the maximum extent practicable, be 
        consistent with the provisions of this section.
            ``(2) Automatic declassification.--The procedures 
        established under paragraph (1) shall include procedures for 
        the automatic declassification of information referred to in 
        paragraph (1) that has remained classified for more than 25 
        years as of such date.
            ``(3) Notice and comment.--
                    ``(A) Notice.--The President shall publish notice 
                in the Federal Register of the procedures proposed to 
                be established under this subsection.
                    ``(B) Comment.--The President shall provide an 
                opportunity for interested persons to submit comments 
                on the procedures covered by subparagraph (A).
                    ``(C) Deadline.--The President shall complete the 
                establishment of procedures under this subsection not 
                later than 60 days after publishing notice in the 
                Federal Register under subparagraph (A). Upon 
                completion of the establishment of such procedures, the 
                President shall publish in the Federal Register notice 
                regarding such procedures.
    ``(g) Pre-publication Review.--
            ``(1) In general.--The head of each agency that requires 
        personnel to sign a nondisclosure agreement in accordance with 
        Executive Order 12968 (50 U.S.C. 3161 note; relating to access 
        to classified information), or successor order, providing for 
        the submittal of materials for pre-publication review, shall 
        establish a process for the timely review of such materials 
        consistent with the requirements of this title.
            ``(2) Requirements.--Each process established under 
        paragraph (1) shall include the following:
                    ``(A) Clear guidance on materials required to be 
                submitted and the means of submission.
                    ``(B) Mechanisms for ensuring consistent decision 
                making across multiple agencies.
                    ``(C) Mechanisms for appeal of decisions made in 
                the course of the review process.
            ``(3) Centralized appeal.--The President shall establish a 
        mechanism for centralized appeal of agency decisions made 
        pursuant to this subsection.''.
    (b) Conforming Amendment to FOIA.--Section 552(b)(1) of title 5, 
United States Code, is amended to read as follows:
            ``(1)(A) specifically authorized to be classified under the 
        title VIII of the National Security Act of 1947, or 
        specifically authorized under criteria established by an 
        Executive order to be kept secret in the interest of national 
        security; and
            ``(B) are in fact properly classified pursuant to that 
        title or Executive order;''.
    (c) Effective Date.--
            (1) In general.--Section 821 of the National Security Act 
        of 1947, as added by subsection (a), and the amendment made by 
        subsection (b), shall take effect on the date that is 180 days 
        after the date of the enactment of this Act.
            (2) Relation to presidential directives.--Presidential 
        directives regarding classifying, safeguarding, and 
        declassifying national security information, including 
        Executive Order 13526 (50 U.S.C. 3161 note; relating to 
        classified national security information), or successor order, 
        in effect on the day before the date of the enactment of this 
        Act, as well as procedures issued pursuant to such Presidential 
        directives, shall remain in effect until superseded by 
        procedures issues pursuant to section 821 of the National 
        Security Act of 1947, as added by subsection (a).

SEC. 722. DECLASSIFICATION WORKING CAPITAL FUNDS.

    Subtitle D of title VIII of the National Security Act of 1947, as 
added by section 721, is amended by adding at the end the following:

``SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS.

    ``(a) Definition of Covered Agency.--In this section, the term 
`covered agency' means an agency that has original classification 
authority.
    ``(b) Programs Required.--Not later than 90 days after the date of 
the enactment of the Classification Reform Act of 2023, each head of a 
covered agency shall establish a program for the automatic 
declassification of classified records that have permanent historical 
value.
    ``(c) Estimates.--Each head of a covered agency shall ensure that 
the program established by the head pursuant to subsection (b) includes 
a mechanism for estimating the number of classified records generated 
by each subcomponent of the covered agency each fiscal year.
    ``(d) Declassification Working Capital Funds.--
            ``(1) Establishment.--For each covered agency, there is 
        established in the Treasury of the United States a fund to be 
        known as the `Declassification Working Capital Fund' of the 
        respective covered agency.
            ``(2) Contents of funds.--Each fund established under 
        paragraph (1) shall consist of the following:
                    ``(A) Amounts transferred to the fund under 
                subsection (e).
                    ``(B) Amounts appropriated to the fund.
            ``(3) Availability and use of funds.--Subject to the 
        concurrence of the Executive Agent for Classification and 
        Declassification, amounts in a fund of a covered agency 
        established by paragraph (1) shall be available, without fiscal 
        year limitation, to promote and implement technological and 
        automated solutions that are interoperable across covered 
        agencies to support the programs of covered agencies 
        established pursuant to subsection (b).
    ``(e) Transfers to the Funds.--Each head of a covered agency shall 
issue regulations for the covered agency, subject to review and 
approval by the Executive Agent for Classification and 
Declassification, that require each subcomponent of the covered agency 
to transfer, on a periodic basis, to the fund established for the 
covered agency under subsection (c)(1), an amount for a period that 
bears the same ratio to the total amount transferred to the fund by all 
subcomponents of the covered agency for that period as the ratio of--
            ``(1) the estimate for the subcomponent pursuant to the 
        mechanism required by subsection (c) for that period; bears to
            ``(2) the aggregate of all of the estimates for all 
        subcomponents of the Executive agency under such mechanism for 
        the same period.''.

SEC. 723. TRANSPARENCY OFFICERS.

    Section 1062(a) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended--
            (1) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (4)(C), by striking the period at the end 
        and inserting ``; and'';
            (3) by adding at the end the following:
            ``(5) assist the head of such department, agency, or 
        element and other officials of such department, agency, or 
        element in identifying records of significant public interest 
        and prioritizing appropriate review of such records in order to 
        facilitate the public disclosure of such records in redacted or 
        unredacted form.'';
            (4) in paragraph (4), by redesignating subparagraphs (A) 
        through (C) as clauses (i) through (iii), respectively, and 
        indenting such clauses 2 ems to the right;
            (5) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively, and indenting such 
        subparagraphs 2 ems to the right;
            (6) in the matter before subparagraph (A), as redesignated 
        by paragraph (5), by striking ``The Attorney General'' and 
        inserting the following:
            ``(1) In general.--The Attorney General''; and
            (7) by adding at the end the following:
            ``(2) Determining public interest in disclosure.--In 
        assisting the head of a department, agency, or element and 
        other officials of such department, agency, or element in 
        identifying records of significant public interest under 
        subparagraph (E) of paragraph (1), a senior officer designated 
        under such paragraph shall consider--
                    ``(A) whether or not disclosure of the information 
                would better enable United States citizens to hold 
                Federal Government officials accountable for their 
                actions and policies;
                    ``(B) whether or not disclosure of the information 
                would assist the United States criminal justice system 
                in holding persons responsible for criminal acts or 
                acts contrary to the Constitution;
                    ``(C) whether or not disclosure of the information 
                would assist Congress, or any committee or subcommittee 
                thereof, in carrying out its oversight responsibilities 
                with regard to the executive branch or in adequately 
                informing itself of executive branch policies and 
                activities in order to carry out its legislative 
                responsibilities;
                    ``(D) whether the disclosure of the information 
                would assist Congress or the public in understanding 
                the interpretation of the Federal Government of a 
                provision of law, including Federal regulations, 
                Presidential directives, statutes, case law, and the 
                Constitution of the United States; or
                    ``(E) whether or not disclosure of the information 
                would bring about any other significant benefit, 
                including an increase in public awareness or 
                understanding of Government activities or an 
                enhancement of Federal Government efficiency.''.

      CHAPTER 4--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION

SEC. 731. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND VICE 
              PRESIDENT.

    Title VIII of the National Security Act of 1947, as amended by 
chapters 2 and 3 of this subtitle, is further amended by adding at the 
end the following:

           ``Subtitle E--Protection of Classified Information

``SEC. 831. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND 
              VICE PRESIDENT.

    ``(a) Definitions.--In this section:
            ``(1) Archivist, documentary material, presidential 
        records, personal records.--The terms `Archivist', `documentary 
        material', `Presidential records', and `personal records' have 
        the meanings given such terms in section 2201 of title 44, 
        United States Code.
            ``(2) Commingled or uncategorized records.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `commingled or uncategorized 
                records' means all documentary materials not 
                categorized as Presidential records or personal records 
                upon their creation or receipt and filed separately 
                pursuant to section 2203(d) of title 44, United States 
                Code.
                    ``(B) Exception.--The term `commingled or 
                uncategorized records' does not include documentary 
                materials that are--
                            ``(i) official records of an agency (as 
                        defined in section 552(f) of title 5, United 
                        States Code);
                            ``(ii) stocks of publications and 
                        stationery; or
                            ``(iii) extra copies of documents produced 
                        only for convenience of reference, when such 
                        copies are clearly so identified.
            ``(3) Official records of an agency.--The term `official 
        records of an agency' means official records of an agency 
        within the meaning of such terms in section 552 of title 5, 
        United States.
    ``(b) Presumption as Presidential Records.--Commingled or 
uncategorized records shall be presumed to be Presidential records, 
unless the President or Vice President--
            ``(1) categorizes the commingled or uncategorized records 
        as personal records in accordance with subsection (c); or
            ``(2) determines the commingled or uncategorized records 
        are--
                    ``(A) official records of an agency;
                    ``(B) stocks of publications and stationery; or
                    ``(C) extra copies of documents produced only for 
                convenience of reference, when such copies are clearly 
                so identified.
    ``(c) Categorizing Commingled or Uncategorized Records as Personal 
Records.--At any time during the President or Vice President's term of 
office, the President or Vice President may categorize commingled or 
uncategorized records as personal records if--
            ``(1) the Archivist performs a security review of the 
        commingled or uncategorized records that is reasonably designed 
        to identify records that contain standard markings indicating 
        that records contain classified information;
            ``(2) the President obtains written confirmation from the 
        Archivist that the review conducted pursuant to paragraph (1) 
        did not identify any records that contain standard markings 
        indicating that records contain classified information or, if 
        such markings were improperly applied, that such markings have 
        been corrected; and
            ``(3) the President obtains written confirmation from the 
        Archivist that the Archivist is not aware of any other 
        requirement that would preclude categorizing the commingled or 
        uncategorized records as personal records.
    ``(d) Review of Commingled or Uncategorized Records of Former 
Presidents and Vice Presidents.--
            ``(1) Requests for review.--During the 180-day period 
        following the end of the term of office of a former President 
        or Vice President--
                    ``(A) the former President or Vice President may 
                request that the Archivist review the categorization of 
                any commingled or uncategorized records created or 
                received during the term of the former President or 
                Vice President; and
                    ``(B) the Archivist shall perform a security review 
                of the commingled or uncategorized records pursuant to 
                the request.
            ``(2) Actions upon completion of review.--If, pursuant to a 
        review under paragraph (1), the Archivist determines that any 
        commingled or uncategorized records reviewed are improperly 
        categorized, the Archivist shall--
                    ``(A) submit to the President a recommendation to 
                correct the categorization of the records; and
                    ``(B) notify the former President or Vice President 
                of that recommendation.''.

SEC. 732. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

    (a) In General.--Subtitle E of title VIII of the National Security 
Act of 1947, as added by section 731, is amended by adding at the end 
the following:

``SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

    ``(a) Mishandling or Unauthorized Disclosure of Classified 
Information Defined.--In this section, the term `mishandling or 
unauthorized disclosure of classified information' means any 
unauthorized storage, retention, communication, confirmation, 
acknowledgment, or physical transfer of classified information.
    ``(b) Assessments.--The Director of the National 
Counterintelligence and Security Center shall prepare a written 
assessment of the risk to national security from any mishandling or 
unauthorized disclosure of classified information involving the conduct 
of the President, Vice President, or an official listed in Level I of 
the Executive Schedule under section 5312 of title 5, United States 
Code, within 90 days of the detection of such mishandling or 
unauthorized disclosure.
    ``(c) Description of Risks.--A written assessment prepared pursuant 
to subsection (b) shall describe the risk to national security if the 
classified information were to be exposed in public or to a foreign 
adversary.
    ``(d) Submittal of Assessments.--Each written assessment prepared 
pursuant to subsection (b) shall be submitted to Congress, in 
classified form, upon completion.''.
    (b) Prospective Application.--Section 832 of such Act, as added by 
subsection (a), shall apply to incidents of mishandling or unauthorized 
disclosure of classified information (as defined in such section) 
detected on or after the date of the enactment of this Act.

SEC. 733. MINIMUM STANDARDS FOR EXECUTIVE AGENCY INSIDER THREAT 
              PROGRAMS.

    (a) Definitions.--In this section, the terms ``agency'' and 
``classified information'' have the meanings given such terms in 
section 800 of the National Security Act of 1947, as added by section 
702 of this subtitle.
    (b) Establishment of Insider Threat Programs.--Each head of an 
agency with access to classified information shall establish an insider 
threat program to protect classified information from unauthorized 
disclosure.
    (c) Minimum Standards.--In carrying out an insider threat program 
established by the head of an agency pursuant to subsection (b), the 
head of the agency shall--
            (1) designate a senior official of the agency who shall be 
        responsible for management of the program;
            (2) monitor user activity on all classified networks in 
        order to detect activity indicative of insider threat behavior;
            (3) build and maintain an insider threat analytic and 
        response capability to review, assess, and respond to 
        information obtained pursuant to paragraph (2); and
            (4) provide insider threat awareness training to all 
        cleared employees within 30 days of entry on duty or granting 
        of access to classified information and annually thereafter.
    (d) Annual Reports.--Not less frequently that once each year, the 
Director of National Intelligence shall, serving as the Security 
Executive Agent under section 803 of the National Security Act of 1947 
(50 U.S.C. 3162a), submit to Congress an annual report on the 
compliance of agencies with respect to the requirements of this 
section.

                        CHAPTER 5--OTHER MATTERS

SEC. 741. PROHIBITIONS.

    (a) Withholding Information From Congress.--Nothing in this 
subtitle or an amendment made by this subtitle shall be construed to 
authorize the withholding of information from Congress.
    (b) Judicial Review.--Except in the case of the amendment to 
section 552 of title 5, United States Code, made by section 721(b), no 
person may seek or obtain judicial review of any provision of this 
subtitle or any action taken under a provision of this subtitle.

SEC. 742. CONFORMING AMENDMENT.

    Section 804 of the National Security Act of 1947 (50 U.S.C. 3163) 
is amended by striking ``this title'' and inserting ``sections 801 and 
802''.

SEC. 743. CLERICAL AMENDMENT.

    The table of contents for the National Security Act of 1947 is 
amended by striking the items relating to title VIII and inserting the 
following:

       ``TITLE VIII--PROTECTION OF NATIONAL SECURITY INFORMATION

                       ``Subtitle A--Definitions

``Sec. 800. Definitions.
       ``Subtitle B--Access to Classified Information Procedures

``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
            ``Subtitle C--Security Classification Governance

``Sec. 811. Executive Agent for Classification and Declassification.
``Sec. 812. Executive Committee on Classification and Declassification 
                            Programs and Technology.
``Sec. 813. Advisory bodies for Executive Agent for Classification and 
                            Declassification.
``Sec. 814. Information Security Oversight Office.
           ``Subtitle D--Classification and Declassification

``Sec. 821. Classification and declassification of information.
``Sec. 822. Declassification working capital funds.
           ``Subtitle E--Protection of Classified Information

``Sec. 831. Security review of certain records of the President and 
                            Vice President.
``Sec. 832. Mandatory counterintelligence risk assessments.''.

            Subtitle B--Sensible Classification Act of 2023

SEC. 751. SHORT TITLE.

    This subtitle may be cited as the ``Sensible Classification Act of 
2023''.

SEC. 752. DEFINITIONS.

    In this subtitle:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
            (2) Classification.--The term ``classification'' means the 
        act or process by which information is determined to be 
        classified information.
            (3) Classified information.--The term ``classified 
        information'' means information that has been determined 
        pursuant to Executive Order 12958 (50 U.S.C. 3161 note; 
        relating to classified national security information), or 
        successor order, to require protection against unauthorized 
        disclosure and is marked to indicate its classified status when 
        in documentary form.
            (4) Declassification.--The term ``declassification'' means 
        the authorized change in the status of information from 
        classified information to unclassified information.
            (5) Document.--The term ``document'' means any recorded 
        information, regardless of the nature of the medium or the 
        method or circumstances of recording.
            (6) Downgrade.--The term ``downgrade'' means a 
        determination by a declassification authority that information 
        classified and safeguarded at a specified level shall be 
        classified and safeguarded at a lower level.
            (7) Information.--The term ``information'' means any 
        knowledge that can be communicated or documentary material, 
        regardless of its physical form or characteristics, that is 
        owned by, is produced by or for, or is under the control of the 
        United States Government.
            (8) Originate, originating, and originated.--The term 
        ``originate'', ``originating'', and ``originated'', with 
        respect to classified information and an authority, means the 
        authority that classified the information in the first 
        instance.
            (9) Records.--The term ``records'' means the records of an 
        agency and Presidential papers or Presidential records, as 
        those terms are defined in title 44, United States Code, 
        including those created or maintained by a government 
        contractor, licensee, certificate holder, or grantee that are 
        subject to the sponsoring agency's control under the terms of 
        the contract, license, certificate, or grant.
            (10) Security clearance.--The term ``security clearance'' 
        means an authorization to access classified information.
            (11) Unauthorized disclosure.--The term ``unauthorized 
        disclosure'' means a communication or physical transfer of 
        classified information to an unauthorized recipient.
            (12) Unclassified information.--The term ``unclassified 
        information'' means information that is not classified 
        information.

SEC. 753. FINDINGS AND SENSE OF THE SENATE.

    (a) Findings.--The Senate makes the following findings:
            (1) According to a report released by the Office of the 
        Director of Intelligence in 2020 titled ``Fiscal Year 2019 
        Annual Report on Security Clearance Determinations'', more than 
        4,000,000 individuals have been granted eligibility for a 
        security clearance.
            (2) At least 1,300,000 of such individuals have been 
        granted access to information classified at the Top Secret 
        level.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the classification system of the Federal Government is 
        in urgent need of reform;
            (2) the number of people with access to classified 
        information is exceedingly high and must be justified or 
        reduced;
            (3) reforms are necessary to reestablish trust between the 
        Federal Government and the people of the United States; and
            (4) classification should be limited to the minimum 
        necessary to protect national security while balancing the 
        public's interest in disclosure.

SEC. 754. CLASSIFICATION AUTHORITY.

    (a) In General.--The authority to classify information originally 
may be exercised only by--
            (1) the President and, in the performance of executive 
        duties, the Vice President;
            (2) the head of an agency or an official of any agency 
        authorized by the President pursuant to a designation of such 
        authority in the Federal Register; and
            (3) an official of the Federal Government to whom authority 
        to classify information originally has been delegated pursuant 
        to subsection (c).
    (b) Scope of Authority.--An individual authorized by this section 
to classify information originally at a specified level may also 
classify the information originally at a lower level.
    (c) Delegation of Original Classification Authority.--An official 
of the Federal Government may be delegated original classification 
authority subject to the following:
            (1) Delegation of original classification authority shall 
        be limited to the minimum required to administer this section. 
        Agency heads shall be responsible for ensuring that designated 
        subordinate officials have a demonstrable and continuing need 
        to exercise this authority.
            (2) Authority to originally classify information at the 
        level designated as ``Top Secret'' may be delegated only by the 
        President, in the performance of executive duties, the Vice 
        President, or an agency head or official designated pursuant to 
        subsection (a)(2).
            (3) Authority to originally classify information at the 
        level designated as ``Secret'' or ``Confidential'' may be 
        delegated only by the President, in the performance of 
        executive duties, the Vice President, or an agency head or 
        official designated pursuant to subsection (a)(2), or the 
        senior agency official described in section 5.4(d) of Executive 
        Order 13526 (50 U.S.C. 3161 note; relating to classified 
        national security information), or successor order, provided 
        that official has been delegated ``Top Secret'' original 
        classification authority by the agency head.
            (4) Each delegation of original classification authority 
        shall be in writing and the authority shall not be redelegated 
        except as provided by paragraphs (1), (2), and (3). Each 
        delegation shall identify the official by name or position 
        title.
    (d) Training Required.--
            (1) In general.--An individual may not be delegated 
        original classification authority under this section unless the 
        individual has first received training described in paragraph 
        (2).
            (2) Training described.--Training described in this 
        paragraph is training on original classification that includes 
        instruction on the proper safeguarding of classified 
        information and of the criminal, civil, and administrative 
        sanctions that may be brought against an individual who fails 
        to protect classified information from unauthorized disclosure.
    (e) Exceptional Cases.--
            (1) In general.--When an employee, contractor, licensee, 
        certificate holder, or grantee of an agency who does not have 
        original classification authority originates information 
        believed by that employee, contractor, licensee, certificate 
        holder, or grantee to require classification, the information 
        shall be protected in a manner consistent with Executive Order 
        13526 (50 U.S.C. 3161 note; relating to classified national 
        security information), or successor order.
            (2) Transmittal.--An employee, contractor, licensee, 
        certificate holder, or grantee described in paragraph (1), who 
        originates information described in such paragraph, shall 
        promptly transmit such information to--
                    (A) the agency that has appropriate subject matter 
                interest and classification authority with respect to 
                this information; or
                    (B) if it is not clear which agency has appropriate 
                subject matter interest and classification authority 
                with respect to the information, the Director of the 
                Information Security Oversight Office.
            (3) Agency decisions.--An agency that receives information 
        pursuant to paragraph (2)(A) or (4) shall decide within 30 days 
        whether to classify this information.
            (4) Information security oversight office action.--If the 
        Director of the Information Security Oversight Office receives 
        information under paragraph (2)(B), the Director shall 
        determine the agency having appropriate subject matter interest 
        and classification authority and forward the information, with 
        appropriate recommendations, to that agency for a 
        classification determination.

SEC. 755. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

    (a) In General.--Whenever an agency is processing a request 
pursuant to section 552 of title 5, United States Code (commonly known 
as the ``Freedom of Information Act'') or the mandatory 
declassification review provisions of Executive Order 13526 (50 U.S.C. 
3161 note; relating to classified national security information), or 
successor order, and identifies responsive classified records that are 
more than 25 years of age as of December 31 of the year in which the 
request is received, the head of the agency shall review the record and 
process the record for declassification and release by the National 
Declassification Center of the National Archives and Records 
Administration.
    (b) Application.--Subsection (a) shall apply--
            (1) regardless of whether or not the record described in 
        such subsection is in the legal custody of the National 
        Archives and Records Administration; and
            (2) without regard for any other provisions of law or 
        existing agreements or practices between agencies.

SEC. 756. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

    (a) Definitions.--In this section:
            (1) Over-classification.--The term ``over-classification'' 
        means classification at a level that exceeds the minimum level 
        of classification that is sufficient to protect the national 
        security of the United States.
            (2) Sensible classification.--The term ``sensible 
        classification'' means classification at a level that is the 
        minimum level of classification that is sufficient to protect 
        the national security of the United States.
    (b) Training Required.--Each head of an agency with classification 
authority shall conduct training for employees of the agency with 
classification authority to discourage over-classification and to 
promote sensible classification.

SEC. 757. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.

    Section 703 of the Public Interest Declassification Act of 2000 (50 
U.S.C. 3355a) is amended--
            (1) in subsection (c), by adding at the end the following:
    ``(5) A member of the Board whose term has expired may continue to 
serve until a successor is appointed and sworn in.''; and
            (2) in subsection (f)--
                    (A) by inserting ``(1)'' before ``Any employee''; 
                and
                    (B) by adding at the end the following:
    ``(2)(A) In addition to any employees detailed to the Board under 
paragraph (1), the Board may hire not more than 12 staff members.
    ``(B) There are authorized to be appropriated to carry out 
subparagraph (A) such sums as are necessary for fiscal year 2024 and 
each fiscal year thereafter.''.

SEC. 758. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND 
              DECLASSIFICATION.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Office of Electronic 
Government (in this section referred to as the ``Administrator'') 
shall, in consultation with the Secretary of Defense, the Director of 
the Central Intelligence Agency, the Director of National Intelligence, 
the Public Interest Declassification Board, the Director of the 
Information Security Oversight Office, and the head of the National 
Declassification Center of the National Archives and Records 
Administration--
            (1) research a technology-based solution--
                    (A) utilizing machine learning and artificial 
                intelligence to support efficient and effective systems 
                for classification and declassification; and
                    (B) to be implemented on an interoperable and 
                federated basis across the Federal Government; and
            (2) submit to the President a recommendation regarding a 
        technology-based solution described in paragraph (1) that 
        should be adopted by the Federal Government.
    (b) Staff.--The Administrator may hire sufficient staff to carry 
out subsection (a).
    (c) Report.--Not later than 540 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
classified report on the technology-based solution recommended by the 
Administrator under subsection (a)(2) and the President's decision 
regarding its adoption.

SEC. 759. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY 
              CLEARANCES.

    (a) Agency Studies on Necessity of Security Clearances.--
            (1) Studies required.--The head of each agency that grants 
        security clearances to personnel of such agency shall conduct a 
        study on the necessity of such clearances.
            (2) Reports required.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, each head of an 
                agency that conducts a study under paragraph (1) shall 
                submit to Congress a report on the findings of the 
                agency head with respect to such study, which the 
                agency head may classify as appropriate.
                    (B) Required elements.--Each report submitted by 
                the head of an agency under subparagraph (A) shall 
                include, for such agency, the following:
                            (i) The number of personnel eligible for 
                        access to information up to the ``Top Secret'' 
                        level.
                            (ii) The number of personnel eligible for 
                        access to information up to the ``Secret'' 
                        level.
                            (iii) Information on any reduction in the 
                        number of personnel eligible for access to 
                        classified information based on the study 
                        conducted under paragraph (1).
                            (iv) A description of how the agency head 
                        will ensure that the number of security 
                        clearances granted by such agency will be kept 
                        to the minimum required for the conduct of 
                        agency functions, commensurate with the size, 
                        needs, and mission of the agency.
            (3) Industry.--This subsection shall apply to the Secretary 
        of Defense in the Secretary's capacity as the Executive Agent 
        for the National Industrial Security Program, and the Secretary 
        shall treat contractors, licensees, and grantees as personnel 
        of the Department of Defense for purposes of the studies and 
        reports required by this subsection.
    (b) Director of National Intelligence Review of Sensitive 
Compartmented Information.--The Director of National Intelligence 
shall--
            (1) review the number of personnel eligible for access to 
        sensitive compartmented information; and
            (2) submit to Congress a report on how the Director will 
        ensure that the number of such personnel is limited to the 
        minimum required.
    (c) Agency Review of Special Access Programs.--Each head of an 
agency who is authorized to establish a special access program by 
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified 
national security information), or successor order, shall--
            (1) review the number of personnel of the agency eligible 
        for access to such special access programs; and
            (2) submit to Congress a report on how the agency head will 
        ensure that the number of such personnel is limited to the 
        minimum required.
    (d) Secretary of Energy Review of Q and L Clearances.--The 
Secretary of Energy shall--
            (1) review the number of personnel of the Department of 
        Energy granted Q and L access; and
            (2) submit to Congress a report on how the Secretary will 
        ensure that the number of such personnel is limited to the 
        minimum required
    (e) Independent Reviews.--Not later than 180 days after the date on 
which a study is completed under subsection (a) or a review is 
completed under subsections (b) through (d), the Director of the 
Information Security Oversight Office of the National Archives and 
Records Administration, the Director of National Intelligence, and the 
Public Interest Declassification Board shall each review the study or 
review, as the case may be.

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES FOR 
              PERSONNEL VETTING.

    Not later than 1 year after the date of the enactment of this Act, 
the Director of National Intelligence shall submit to the congressional 
intelligence committees a review of the extent to which the 
intelligence community can use information technology services shared 
among the intelligence community for purposes of personnel vetting, 
including with respect to human resources, suitability, and security.

SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF TRUST FOR 
              PERSONNEL VETTING.

    (a) Timeliness Standard.--
            (1) In general.--The President shall, acting through the 
        Security Executive Agent and the Suitability and Credentialing 
        Executive Agent, establish and publish in the Federal Register 
        new timeliness performance standards for processing personnel 
        vetting trust determinations in accordance with the Federal 
        personnel vetting performance management standards.
            (2) Quinquennial reviews.--Not less frequently than once 
        every 5 years, the President shall, acting through the Security 
        Executive Agent and the Suitability and Credentialing Executive 
        Agent--
                    (A) review the standards established pursuant to 
                paragraph (1); and
                    (B) pursuant to such review--
                            (i) update such standards as the President 
                        considers appropriate; and
                            (ii) publish in the Federal Register such 
                        updates as may be made pursuant to clause (i).
            (3) Conforming amendment.--Section 3001 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is 
        amended by striking subsection (g).
    (b) Quarterly Reports on Implementation.--
            (1) In general.--Not less frequently than quarterly, the 
        Security Executive Agent and the Suitability and Credentialing 
        Executive Agent shall jointly make available to the public a 
        quarterly report on the compliance of Executive agencies (as 
        defined in section 105 of title 5, United States Code) with the 
        standards established pursuant to subsection (a).
            (2) Disaggregation.--Each report made available pursuant to 
        paragraph (1) shall disaggregate data by appropriate category 
        of personnel risk and between Government and contractor 
        personnel.
    (c) Complementary Standards for Intelligence Community.--The 
Director of National Intelligence may, in consultation with the 
Security, Suitability, and Credentialing Performance Accountability 
Council established pursuant to Executive Order 13467 (50 U.S.C. 3161 
note; relating to reforming processes related to suitability for 
Government employment, fitness for contractor employees, and 
eligibility for access to classified national security information) 
establish for the intelligence community standards complementary to 
those established pursuant to subsection (a).

SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST DETERMINATIONS.

    (a) Definition of Personnel Vetting Trust Determination.--In this 
section, the term ``personnel vetting trust determination'' means any 
determination made by an executive branch agency as to whether an 
individual can be trusted to perform job functions or to be granted 
access necessary for a position.
    (b) Annual Report.--Not later than March 30, 2024, and annually 
thereafter for 5 years, the Director of National Intelligence, acting 
as the Security Executive Agent, and the Director of the Office of 
Personnel Management, acting as the Suitability and Credentialing 
Executive Agent, in coordination with the Security, Suitability, and 
Credentialing Performance Accountability Council, shall jointly make 
available to the public a report on specific types of personnel vetting 
trust determinations made during the fiscal year preceding the fiscal 
year in which the report is made available, disaggregated by the 
following:
            (1) Determinations of eligibility for national security-
        sensitive positions, separately noting--
                    (A) the number of individuals granted access to 
                national security information; and
                    (B) the number of individuals determined to be 
                eligible for but not granted access to national 
                security information.
            (2) Determinations of suitability or fitness for a public 
        trust position.
            (3) Status as a Government employee, a contractor employee, 
        or other category.
    (c) Elimination of Report Requirement.--Section 3001 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341) is amended by striking subsection (h).

SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF TRUSTED 
              WORKFORCE 2.0.

    Not later than 1 year after the date of the enactment of this Act, 
and once every 2 years thereafter until 2029, the Comptroller General 
of the United States shall administer a survey to such sample of 
Federal agencies, Federal contractors, and other persons that require 
security clearances to access classified information as the Comptroller 
General considers appropriate to assess--
            (1) the strengths and weaknesses of the implementation of 
        the Trusted Workforce 2.0 initiative; and
            (2) the effectiveness of vetting Federal personnel while 
        managing risk during the onboarding of such personnel.

SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO CLASSIFIED 
              INFORMATION SOLELY BECAUSE OF PAST USE OF CANNABIS.

    (a) Definitions.--In this section:
            (1) Cannabis.--The term ``cannabis'' has the meaning given 
        the term ``marihuana'' in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (2) Eligibility for access to classified information.--The 
        term ``eligibility for access to classified information'' has 
        the meaning given the term in the procedures established 
        pursuant to section 801(a) of the National Security Act of 1947 
        (50 U.S.C. 3161(a)).
    (b) Prohibition.--Notwithstanding any other provision of law, the 
head of an element of the intelligence community may not make a 
determination to deny eligibility for access to classified information 
to an individual based solely on the use of cannabis by the individual 
prior to the submission of the application for a security clearance by 
the individual.

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY THE CENTRAL 
              INTELLIGENCE AGENCY FOR QUALIFYING INJURIES TO THE BRAIN.

    Section 19A(d) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the 
following new paragraph:
            ``(3) Funding.--
                    ``(A) In general.--Payment under paragraph (2) in a 
                fiscal year may be made using any funds--
                            ``(i) appropriated in advance specifically 
                        for payments under such paragraph; or
                            ``(ii) reprogrammed in accordance with 
                        section 504 of the National Security Act of 
                        1947 (50 U.S.C. 3094).
                    ``(B) Budget.--For each fiscal year, the Director 
                shall include with the budget justification materials 
                submitted to Congress in support of the budget of the 
                President for that fiscal year pursuant to section 
                1105(a) of title 31, United States Code, an estimate of 
                the funds required in that fiscal year to make payments 
                under paragraph (2).''.

SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN BENEFITS 
              RELATING TO INJURIES TO THE BRAIN.

    (a) In General.--Section 19A(d) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 3519b(d)) is amended by adding at the end of 
paragraph (5) the following new sentence: ``A covered dependent, 
covered employee, or covered individual shall not be required to seek 
any other benefit furnished by the United States Government to be 
eligible for the payment authorized under paragraph (2).''.
    (b) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall--
            (1) revise the regulations of the Expanded Care Program of 
        the Central Intelligence Agency to conform with the amendment 
        made by subsection (a); and
            (2) submit to the congressional intelligence committees 
        copies of such regulations, as revised pursuant to paragraph 
        (1).

SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT OF 2021 
              AUTHORITIES.

    (a) Regulations.--Except as provided in subsection (c), not later 
than 180 days after the date of the enactment of this Act, each head of 
an element of the intelligence community that has not already done so 
shall--
            (1) issue regulations and procedures to implement the 
        authorities provided by section 19A(d) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and 
        section 901(i) of title IX of division J of the Further 
        Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to 
        provide payments under such sections, to the degree that such 
        authorities are applicable to the head of the element; and
            (2) submit to the congressional intelligence committees 
        copies of such regulations.
    (b) Reporting.--Not later than 210 days after the date of the 
enactment of this Act, each head of an element of the intelligence 
community shall submit to the congressional intelligence committees a 
report on--
            (1) the estimated number of individuals associated with 
        their element that may be eligible for payment under the 
        authorities described in subsection (a)(1);
            (2) an estimate of the obligation that the head of the 
        intelligence community element expects to incur in fiscal year 
        2025 as a result of establishing the regulations pursuant to 
        subsection (a)(1); and
            (3) any perceived barriers or concerns in implementing such 
        authorities.
    (c) Alternative Reporting.--Not later than 180 days after the date 
of the enactment of this Act, each head of an element of the 
intelligence community (other than the Director of the Central 
Intelligence Agency) who believes that the authorities described in 
subsection (a)(1) are not currently relevant for individuals associated 
with their element, or who are not otherwise in position to issue the 
regulations and procedures required by subsection (a)(1) shall provide 
written and detailed justification to the congressional intelligence 
committees to explain this position.

SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY HANDLING 
              OF ANOMALOUS HEALTH INCIDENTS.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``Agency'' means the Central 
        Intelligence Agency.
            (2) Qualifying injury.--The term ``qualifying injury'' has 
        the meaning given such term in section 19A(d)(1) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).
    (b) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall submit to the congressional intelligence committees a report on 
the handling of anomalous health incidents by the Agency.
    (c) Contents.--The report required by subsection (b) shall include 
the following:
            (1) HAVANA act implementation.--
                    (A) An explanation of how the Agency determines 
                whether a reported anomalous health incident resulted 
                in a qualifying injury or a qualifying injury to the 
                brain.
                    (B) The number of participants of the Expanded Care 
                Program of the Central Intelligence Agency who--
                            (i) have a certified qualifying injury or a 
                        certified qualifying injury to the brain; and
                            (ii) as of September 30, 2023, applied to 
                        the Expanded Care Program due to a reported 
                        anomalous health incident.
                    (C) A comparison of the number of anomalous health 
                incidents reported by applicants to the Expanded Care 
                Program that occurred in the United States and that 
                occurred in a foreign country.
                    (D) The specific reason each applicant was approved 
                or denied for payment under the Expanded Care Program.
                    (E) The number of applicants who were initially 
                denied payment but were later approved on appeal.
                    (F) The average length of time, from the time of 
                application, for an applicant to receive a 
                determination from the Expanded Care Program, 
                aggregated by qualifying injuries and qualifying 
                injuries to the brain.
            (2) Priority cases.--
                    (A) A detailed list of priority cases of anomalous 
                health incidents, including, for each incident, 
                locations, dates, times, and circumstances.
                    (B) For each priority case listed in accordance 
                with subparagraph (A), a detailed explanation of each 
                credible alternative explanation that the Agency 
                assigned to the incident, including--
                            (i) how the incident was discovered;
                            (ii) how the incident was assigned within 
                        the Agency; and
                            (iii) whether an individual affected by the 
                        incident is provided an opportunity to appeal 
                        the credible alternative explanation.
                    (C) For each priority case of an anomalous health 
                incident determined to be largely consistent with the 
                definition of ``anomalous health incident'' established 
                by the National Academy of Sciences and for which the 
                Agency does not have a credible alternative 
                explanation, a detailed description of such case.
            (3) Anomalous health incident sensors.--
                    (A) A list of all types of sensors that the Agency 
                has developed or deployed with respect to reports of 
                anomalous health incidents, including, for each type of 
                sensor, the deployment location, the date and the 
                duration of the employment of such type of sensor, and, 
                if applicable, the reason for removal.
                    (B) A list of entities to which the Agency has 
                provided unrestricted access to data associated with 
                anomalous health incidents.
                    (C) A list of requests for support the Agency has 
                received from elements of the Federal Government 
                regarding sensor development, testing, or deployment, 
                and a description of the support provided in each case.
                    (D) A description of all emitter signatures 
                obtained by sensors associated with anomalous health 
                incidents in Agency holdings since 2016, including--
                            (i) the identification of any of such 
                        emitters that the Agency prioritizes as a 
                        threat; and
                            (ii) an explanation of such prioritization.
    (d) Additional Submissions.--Concurrent with the submission of the 
report required by subsection (b), the Director of the Central 
Intelligence Agency shall submit to the congressional intelligence 
committees--
            (1) a template of each form required to apply for the 
        Expanded Care Program, including with respect to payments for a 
        qualifying injury or a qualifying injury to the brain;
            (2) copies of internal guidance used by the Agency to 
        adjudicate claims for the Expanded Care Program, including with 
        respect to payments for a qualifying injury to the brain;
            (3) the case file of each applicant to the Expanded Care 
        Program who applied due to a reported anomalous health 
        incident, including supporting medical documentation, with name 
        and other identifying information redacted;
            (4) copies of all informational and instructional materials 
        provided to employees of and other individuals affiliated with 
        the Agency with respect to applying for the Expanded Care 
        Program; and
            (5) copies of Agency guidance provided to employees of and 
        other individuals affiliated with the Agency with respect to 
        reporting and responding to a suspected anomalous health 
        incident, and the roles and responsibilities of each element of 
        the Agency tasked with responding to a report of an anomalous 
        health incident.
    (e) Briefing.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall brief the congressional intelligence committees on the report.

                       TITLE X--ELECTION SECURITY

SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD RESPECT FOR 
              ELECTIONS THROUGH INDEPENDENT TESTING ACT OF 2023.

    (a) Short Title.--This section may be cited as the ``Strengthening 
Election Cybersecurity to Uphold Respect for Elections through 
Independent Testing Act of 2023'' or the ``SECURE IT Act of 2023''.
    (b) Requiring Penetration Testing as Part of the Testing and 
Certification of Voting Systems.--Section 231 of the Help America Vote 
Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the 
following new subsection:
    ``(e) Required Penetration Testing.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this subsection, the Commission shall 
        provide for the conduct of penetration testing as part of the 
        testing, certification, decertification, and recertification of 
        voting system hardware and software by accredited laboratories 
        under this section.
            ``(2) Accreditation.--The Director of the National 
        Institute of Standards and Technology shall recommend to the 
        Commission entities the Director proposes be accredited to 
        carry out penetration testing under this subsection and certify 
        compliance with the penetration testing-related guidelines 
        required by this subsection. The Commission shall vote on the 
        accreditation of any entity recommended. The requirements for 
        such accreditation shall be a subset of the requirements for 
        accreditation of laboratories under subsection (b) and shall 
        only be based on consideration of an entity's competence to 
        conduct penetration testing under this subsection.''.
    (c) Independent Security Testing and Coordinated Cybersecurity 
Vulnerability Disclosure Program for Election Systems.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding 
        at the end the following new part:

 ``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY 
      VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS

``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY 
              VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION 
              SYSTEMS.

    ``(a) In General.--
            ``(1) Establishment.--The Commission, in consultation with 
        the Secretary, shall establish an Independent Security Testing 
        and Coordinated Vulnerability Disclosure Pilot Program for 
        Election Systems (VDP-E) (in this section referred to as the 
        `program') in order to test for and disclose cybersecurity 
        vulnerabilities in election systems.
            ``(2) Duration.--The program shall be conducted for a 
        period of 5 years.
            ``(3) Requirements.--In carrying out the program, the 
        Commission, in consultation with the Secretary, shall--
                    ``(A) establish a mechanism by which an election 
                systems vendor may make their election system 
                (including voting machines and source code) available 
                to cybersecurity researchers participating in the 
                program;
                    ``(B) provide for the vetting of cybersecurity 
                researchers prior to their participation in the 
                program, including the conduct of background checks;
                    ``(C) establish terms of participation that--
                            ``(i) describe the scope of testing 
                        permitted under the program;
                            ``(ii) require researchers to--
                                    ``(I) notify the vendor, the 
                                Commission, and the Secretary of any 
                                cybersecurity vulnerability they 
                                identify with respect to an election 
                                system; and
                                    ``(II) otherwise keep such 
                                vulnerability confidential for 180 days 
                                after such notification;
                            ``(iii) require the good-faith 
                        participation of all participants in the 
                        program;
                            ``(iv) require an election system vendor, 
                        after receiving notification of a critical or 
                        high vulnerability (as defined by the National 
                        Institute of Standards and Technology) in an 
                        election system of the vendor, to--
                                    ``(I) send a patch or propound some 
                                other fix or mitigation for such 
                                vulnerability to the appropriate State 
                                and local election officials, in 
                                consultation with the researcher who 
                                discovered it; and
                                    ``(II) notify the Commission and 
                                the Secretary that such patch has been 
                                sent to such officials;
                    ``(D) in the case where a patch or fix to address a 
                vulnerability disclosed under subparagraph (C)(ii)(I) 
                is intended to be applied to a system certified by the 
                Commission, provide--
                            ``(i) for the expedited review of such 
                        patch or fix within 90 days after receipt by 
                        the Commission; and
                            ``(ii) if such review is not completed by 
                        the last day of such 90-day period, that such 
                        patch or fix shall be deemed to be certified by 
                        the Commission; and
                    ``(E) 180 days after the disclosure of a 
                vulnerability under subparagraph (C)(ii)(I), notify the 
                Director of the Cybersecurity and Infrastructure 
                Security Agency of the vulnerability for inclusion in 
                the database of Common Vulnerabilities and Exposures.
            ``(4) Voluntary participation; safe harbor.--
                    ``(A) Voluntary participation.--Participation in 
                the program shall be voluntary for election systems 
                vendors and researchers.
                    ``(B) Safe harbor.--When conducting research under 
                this program, such research and subsequent publication 
                shall be considered to be:
                            ``(i) Authorized in accordance with section 
                        1030 of title 18, United States Code (commonly 
                        known as the `Computer Fraud and Abuse Act'), 
                        (and similar state laws), and the election 
                        system vendor will not initiate or support 
                        legal action against the researcher for 
                        accidental, good-faith violations of the 
                        program.
                            ``(ii) Exempt from the anti-circumvention 
                        rule of section 1201 of title 17, United States 
                        Code (commonly known as the `Digital Millennium 
                        Copyright Act'), and the election system vendor 
                        will not bring a claim against a researcher for 
                        circumvention of technology controls.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph may be construed to limit or otherwise affect 
                any exception to the general prohibition against the 
                circumvention of technological measures under 
                subparagraph (A) of section 1201(a)(1) of title 17, 
                United States Code, including with respect to any use 
                that is excepted from that general prohibition by the 
                Librarian of Congress under subparagraphs (B) through 
                (D) of such section 1201(a)(1).
            ``(5) Exempt from disclosure.--Cybersecurity 
        vulnerabilities discovered under the program shall be exempt 
        from section 552 of title 5, United States Code (commonly 
        referred to as the `Freedom of Information Act').
            ``(6) Definitions.--In this subsection:
                    ``(A) Cybersecurity vulnerability.--The term 
                `cybersecurity vulnerability' means, with respect to an 
                election system, any security vulnerability that 
                affects the election system.
                    ``(B) Election infrastructure.--The term `election 
                infrastructure' means--
                            ``(i) storage facilities, polling places, 
                        and centralized vote tabulation locations used 
                        to support the administration of elections for 
                        public office; and
                            ``(ii) related information and 
                        communications technology, including--
                                    ``(I) voter registration databases;
                                    ``(II) election management systems;
                                    ``(III) voting machines;
                                    ``(IV) electronic mail and other 
                                communications systems (including 
                                electronic mail and other systems of 
                                vendors who have entered into contracts 
                                with election agencies to support the 
                                administration of elections, manage the 
                                election process, and report and 
                                display election results); and
                                    ``(V) other systems used to manage 
                                the election process and to report and 
                                display election results on behalf of 
                                an election agency.
                    ``(C) Election system.--The term `election system' 
                means any information system that is part of an 
                election infrastructure, including any related 
                information and communications technology described in 
                subparagraph (B)(ii).
                    ``(D) Election system vendor.--The term `election 
                system vendor' means any person providing, supporting, 
                or maintaining an election system on behalf of a State 
                or local election official.
                    ``(E) Information system.--The term `information 
                system' has the meaning given the term in section 3502 
                of title 44, United States Code.
                    ``(F) Secretary.--The term `Secretary' means the 
                Secretary of Homeland Security.
                    ``(G) Security vulnerability.--The term `security 
                vulnerability' has the meaning given the term in 
                section 102 of the Cybersecurity Information Sharing 
                Act of 2015 (6 U.S.C. 1501).''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to 
        subtitle D of title II the following:

 ``PART 7--Independent Security Testing and Coordinated Cybersecurity 
         Vulnerability Disclosure Program for Election Systems

``Sec. 297. Independent security testing and coordinated cybersecurity 
                            vulnerability disclosure program for 
                            election systems.''.

SEC. 1002. PROTECTING BALLOT MEASURES FROM FOREIGN INFLUENCE ACT OF 
              2023.

    (a) Short Title.--This section may be cited as the ``Protecting 
Ballot Measures from Foreign Influence Act of 2023''.
    (b) In General.--Section 319(a)(1)(A) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by inserting 
``, or a State or local ballot initiative or ballot referendum'' after 
``election''.
    (c) Effective Date.--The amendment made by subsection (b) shall 
apply with respect to contributions and donations made on or after the 
date of enactment of this Act.

                        TITLE XI--OTHER MATTERS

SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-DOMAIN ANOMALY 
              RESOLUTION OFFICE.

    Section 1683(k)(1) of the National Defense Authorization Act for 
Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a) 
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 
117-263), is amended--
            (1) in the heading, by striking ``Director of national 
        intelligence and secretary of defense'' and inserting ``All-
        domain anomaly resolution office''; and
            (2) in subparagraph (A), by striking ``Director of National 
        Intelligence and the Secretary of Defense shall jointly'' and 
        inserting ``Director of the Office shall''.

SEC. 1102. MODIFICATIONS TO NOTIFICATION ON THE PROVISION OF DEFENSE 
              SENSITIVE SUPPORT.

    (a) Modification of When Notification Is Required.--Paragraph (3) 
of section 1055(b) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
            (1) in the paragraph heading, by inserting ``and 
        extraordinary security protections'' after ``support'';
            (2) in the matter preceding subparagraph (A), by inserting 
        ``or requires extraordinary security protections'' after 
        ``time-sensitive'';
            (3) in subparagraph (A), by inserting ``or after the 
        activity supported concludes'' after ``providing the support''; 
        and
            (4) in subparagraph (B)--
                    (A) by inserting ``or after the activity supported 
                concludes'' after ``providing such support''; and
                    (B) by inserting ``or after the activity supported 
                concludes'' after ``providing the support''.
    (b) Exemption.--Such section is amended by adding at the end the 
following:
            ``(6) Exemption.--The requirements of this subsection shall 
        not apply to the provision of defense sensitive support for 
        travel of the following:
                    ``(A) The Director of National Intelligence.
                    ``(B) The Principal Deputy Director of National 
                Intelligence.
                    ``(C) The Director of the Central Intelligence 
                Agency.
                    ``(D) The Deputy Director of the Central 
                Intelligence Agency.''.

SEC. 1103. MODIFICATION OF CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS 
              PROGRAMS.

    Section 3236 of the National Nuclear Security Administration Act 
(50 U.S.C. 2426) is amended--
            (1) by striking ``congressional defense committees'' each 
        place it appears and inserting ``appropriate congressional 
        committees''; and
            (2) by adding at the end the following subsection:
    ``(g) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means--
            ``(1) the congressional defense committees;
            ``(2) the Select Committee on Intelligence of the Senate; 
        and
            ``(3) the Permanent Select Committee on Intelligence of the 
        House of Representatives.''.

SEC. 1104. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED ANOMALOUS 
              PHENOMENA.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Armed Services, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Armed Services, and the Committee on 
                Appropriations of the House of Representatives.
            (2) Congressional leadership.--The term ``congressional 
        leadership'' means--
                    (A) the majority leader of the Senate;
                    (B) the minority leader of the Senate;
                    (C) the Speaker of the House of Representatives; 
                and
                    (D) the minority leader of the House of 
                Representatives.
            (3) Director.--The term ``Director'' means the Director of 
        the All-domain Anomaly Resolution Office.
            (4) Unidentified anomalous phenomena.--The term 
        ``unidentified anomalous phenomena'' has the meaning given such 
        term in section 1683(n) of the National Defense Authorization 
        Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), as amended by 
        section 6802(a) of the Intelligence Authorization Act for 
        Fiscal Year 2023 (Public Law 117-263).
    (b) Sense of Congress.--It is the sense of Congress that, due to 
the increasing potential for technology surprise from foreign 
adversaries and to ensure sufficient integration across the United 
States industrial base and avoid technology and security stovepipes--
            (1) the United States industrial base must retain its 
        global lead in critical advanced technologies; and
            (2) the Federal Government must expand awareness about any 
        historical exotic technology antecedents previously provided by 
        the Federal Government for research and development purposes.
    (c) Limitations.--
            (1) In general.--No amount authorized to be appropriated or 
        appropriated by this Act or any other Act may be obligated or 
        expended, directly or indirectly, in part or in whole, for, on, 
        in relation to, or in support of activities involving 
        unidentified anomalous phenomena protected under any form of 
        special access or restricted access limitations that have not 
        been formally, officially, explicitly, and specifically 
        described, explained, and justified to the appropriate 
        committees of Congress, congressional leadership, and the 
        Director, including for any activities relating to the 
        following:
                    (A) Recruiting, employing, training, equipping, and 
                operations of, and providing security for, government 
                or contractor personnel with a primary, secondary, or 
                contingency mission of capturing, recovering, and 
                securing unidentified anomalous phenomena craft or 
                pieces and components of such craft.
                    (B) Analyzing such craft or pieces or components 
                thereof, including for the purpose of determining 
                properties, material composition, method of 
                manufacture, origin, characteristics, usage and 
                application, performance, operational modalities, or 
                reverse engineering of such craft or component 
                technology.
                    (C) Managing and providing security for protecting 
                activities and information relating to unidentified 
                anomalous phenomena from disclosure or compromise.
                    (D) Actions relating to reverse engineering or 
                replicating unidentified anomalous phenomena technology 
                or performance based on analysis of materials or sensor 
                and observational information associated with 
                unidentified anomalous phenomena.
                    (E) The development of propulsion technology, or 
                aerospace craft that uses propulsion technology, 
                systems, or subsystems, that is based on or derived 
                from or inspired by inspection, analysis, or reverse 
                engineering of recovered unidentified anomalous 
                phenomena craft or materials.
                    (F) Any aerospace craft that uses propulsion 
                technology other than chemical propellants, solar 
                power, or electric ion thrust.
            (2) Future appropriations.--Paragraph (1) shall apply with 
        respect to an amount appropriated after the date of the 
        enactment of this Act, unless such paragraph is specifically 
        waived for such amount, or such amount is specifically exempted 
        from such paragraph, by an Act enacted after the date of the 
        enactment of this Act.
    (d) Notification and Reporting.--Any person currently or formerly 
under contract with the Federal Government that has in their possession 
material or information provided by or derived from the Federal 
Government relating to unidentified anomalous phenomena that formerly 
or currently is protected by any form of special access or restricted 
access shall--
            (1) not later than 60 days after the date of the enactment 
        of this Act, notify the Director of such possession; and
            (2) not later than 180 days after the date of the enactment 
        of this Act, make available to the Director for assessment, 
        analysis, and inspection--
                    (A) all such material and information; and
                    (B) a comprehensive list of all non-earth origin or 
                exotic unidentified anomalous phenomena material.
    (e) Liability.--No criminal or civil action may lie or be 
maintained in any Federal or State court against any person for 
receiving material or information described in subsection (d) if that 
person complies with the notification and reporting provisions 
described in such subsection.
    (f) Limitation Regarding Independent Research and Development.--
            (1) In general.--Consistent with Department of Defense 
        Instruction Number 3204.01 (dated August 20, 2014, 
        incorporating change 2, dated July 9, 2020; relating to 
        Department policy for oversight of independent research and 
        development), independent research and development funding 
        relating to material or information described in subsection (c) 
        shall not be allowable as indirect expenses for purposes of 
        contracts covered by such instruction, unless such material and 
        information is made available to the Director in accordance 
        with subsection (d).
            (2) Effective date and applicability.--Paragraph (1) shall 
        take effect on the date that is 60 days after the date of the 
        enactment of this Act and shall apply with respect to funding 
        from amounts appropriated before, on, or after such date.
    (g) Notice to Congress.--Not later than 30 days after the date on 
which the Director has received a notification under paragraph (1) of 
subsection (d) or information or material under paragraph (2) of such 
subsection, the Director shall provide written notification of such 
receipt to the appropriate committees of Congress and congressional 
leadership.
                                                       Calendar No. 106

118th CONGRESS

  1st Session

                                S. 2103

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for fiscal year 2024 for intelligence and 
 intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
    Agency Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                             June 22, 2023

                 Read twice and placed on the calendar