[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7949-S7967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4461. Mr. WARNER (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

    DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2022''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

    DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

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                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                TITLE III--GENERAL INTELLIGENCE MATTERS

               Subtitle A--Intelligence Community Matters

Sec. 301. Increasing agricultural and commercial intelligence measures.
Sec. 302. Plan for allowing contracts with providers of services 
              relating to sensitive compartmented information 
              facilities.
Sec. 303. Plan to establish commercial geospatial intelligence data and 
              services program office.
Sec. 304. Investment strategy for commercial geospatial intelligence 
              services acquisition.
Sec. 305. Central Intelligence Agency Acquisition Innovation Center 
              report, strategy, and plan.
Sec. 306. Improving authorities relating to national 
              counterintelligence and security.
Sec. 307. Removal of Chief Information Officer of the Intelligence 
              Community from level IV of the Executive Schedule.
Sec. 308. Requirements relating to construction of facilities to be 
              used primarily by intelligence community.
Sec. 309. Director of National Intelligence support for intelligence 
              community diversity, equity, inclusion, and accessibility 
              activities.
Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of 
              the Intelligence Community.
Sec. 311. Annual report evaluating collaboration between the National 
              Reconnaissance Office and the Space Force.
Sec. 312. Director of National Intelligence declassification review of 
              information relating to terrorist attacks of September 
              11, 2001.
Sec. 313. Establishment of Chaplain Corps of the Central Intelligence 
              Agency.
Sec. 314. Pilot program on recruitment and retention in Office of 
              Intelligence and Analysis of the Department of the 
              Treasury.
Sec. 315. Pilot program on student loan repayment at Office of 
              Intelligence and Analysis of Department of the Treasury.
Sec. 316. Prohibition on collection and analysis of United States 
              persons' information by intelligence community based on 
              First Amendment-protected activities.
Sec. 317. Sense of the Senate on the use of intelligence community 
              resources for collection, assessment, and analysis of 
              information pertaining exclusively to United States 
              persons absent a foreign nexus.

      Subtitle B--Inspector General of the Intelligence Community

Sec. 321. Submittal of complaints and information by whistleblowers in 
              the intelligence community to Congress.
Sec. 322. Definitions and authorities regarding whistleblower 
              complaints and information of urgent concern received by 
              Inspectors General of the intelligence community.
Sec. 323. Harmonization of whistleblower protections.
Sec. 324. Prohibition against disclosure of whistleblower identity as 
              reprisal against whistleblower disclosure by employees 
              and contractors in intelligence community.
Sec. 325. Congressional oversight of controlled access programs.

  Subtitle C--Reports and Assessments Pertaining to the Intelligence 
                               Community

Sec. 331. Report on efforts to build an integrated hybrid space 
              architecture.
Sec. 332. Report on Project Maven transition.
Sec. 333. Assessment of intelligence community counternarcotics 
              capabilities.
Sec. 334. Assessment of intelligence community's intelligence-sharing 
              relationships with Latin American partners in 
              counternarcotics.
Sec. 335. Report on United States Southern Command intelligence 
              capabilities.
Sec. 336. Director of National Intelligence report on trends in 
              technologies of strategic importance to United States.
Sec. 337. Report on Nord Stream II companies and intelligence ties.
Sec. 338. Assessment of Organization of Defensive Innovation and 
              Research activities.
Sec. 339. Report on intelligence community support to Visas Mantis 
              program.
Sec. 340. Plan for artificial intelligence digital ecosystem.
Sec. 341. Study on utility of expanded personnel management authority.
Sec. 342. Assessment of role of foreign groups in domestic violent 
              extremism.
Sec. 343. Report on the assessment of all-source cyber intelligence 
              information, with an emphasis on supply chain risks.
Sec. 344. Review of National Security Agency and United States Cyber 
              Command.
Sec. 345. Support for and oversight of Unidentified Aerial Phenomena 
              Task Force.
Sec. 346. Publication of unclassified appendices from reports on 
              intelligence community participation in Vulnerabilities 
              Equities Process.
Sec. 347. Report on future structure and responsibilities of Foreign 
              Malign Influence Center.

                 Subtitle D--People's Republic of China

Sec. 351. Assessment of posture and capabilities of intelligence 
              community with respect to actions of the People's 
              Republic of China targeting Taiwan.
Sec. 352. Plan to cooperate with intelligence agencies of key 
              democratic countries regarding technological competition 
              with People's Republic of China.
Sec. 353. Assessment of People's Republic of China genomic collection.
Sec. 354. Updates to annual reports on influence operations and 
              campaigns in the United States by the Chinese Communist 
              Party.
Sec. 355. Report on influence of People's Republic of China through 
              Belt and Road Initiative projects with other countries.
Sec. 356. Study on the creation of an official digital currency by the 
              People's Republic of China.
Sec. 357. Report on efforts of Chinese Communist Party to erode freedom 
              and autonomy in Hong Kong.
Sec. 358. Report on targeting of renewable sectors by China.

                  TITLE IV--ANOMALOUS HEALTH INCIDENTS

Sec. 401. Definition of anomalous health incident.
Sec. 402. Assessment and report on interagency communication relating 
              to efforts to address anomalous health incidents.
Sec. 403. Advisory panel on the Office of Medical Services of the 
              Central Intelligence Agency.
Sec. 404. Joint task force to investigate anomalous health incidents.
Sec. 405. Reporting on occurrence of anomalous health incidents.
Sec. 406. Access to certain facilities of United States Government for 
              assessment of anomalous health conditions.

           TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE

Sec. 501. Exclusivity, consistency, and transparency in security 
              clearance procedures, and right to appeal.
Sec. 502. Federal policy on sharing of derogatory information 
              pertaining to contractor employees in the trusted 
              workforce.
Sec. 503. Performance measures regarding timeliness for personnel 
              mobility.
Sec. 504. Governance of Trusted Workforce 2.0 initiative.

                  TITLE VI--OTHER INTELLIGENCE MATTERS

Sec. 601. Improvements relating to continuity of Privacy and Civil 
              Liberties Oversight Board membership.
Sec. 602. Reports on intelligence support for and capacity of the 
              Sergeants at Arms of the Senate and the House of 
              Representatives and the United States Capitol Police.
Sec. 603. Study on vulnerability of Global Positioning System to 
              hostile actions.
Sec. 604. Authority for transportation of federally owned canines 
              associated with force protection duties of intelligence 
              community.

     SEC. 2. DEFINITIONS.

       In this division:
       (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 2022 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.

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       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.
       (17) The Space Force.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the elements listed in paragraphs 
     (1) through (17) of section 101, are those specified in the 
     classified Schedule of Authorizations prepared to accompany 
     this division.
       (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 2022 the sum of $615,600,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2022 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2022.

                TITLE III--GENERAL INTELLIGENCE MATTERS

               Subtitle A--Intelligence Community Matters

     SEC. 301. INCREASING AGRICULTURAL AND COMMERCIAL INTELLIGENCE 
                   MEASURES.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Agriculture, Nutrition, and Forestry, 
     the Committee on Armed Services, the Committee on Commerce, 
     Science, and Transportation, the Committee on Banking, 
     Housing, and Urban Affairs, and the Select Committee on 
     Intelligence of the Senate; and
       (2) the Committee on Agriculture, the Committee on Armed 
     Services, the Committee on Energy and Commerce, the Committee 
     on Financial Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (b) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, in consultation with other appropriate Federal 
     Government entities, shall submit to the appropriate 
     committees of Congress a report detailing the options for the 
     intelligence community to improve intelligence support to the 
     Department of Agriculture and the Department of Commerce.
       (c) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex, if necessary.

     SEC. 302. PLAN FOR ALLOWING CONTRACTS WITH PROVIDERS OF 
                   SERVICES RELATING TO SENSITIVE COMPARTMENTED 
                   INFORMATION FACILITIES.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services of the Senate; and
       (3) the Committee on Armed Services of the House of 
     Representatives.
       (b) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a plan for allowing elements of the intelligence 
     community to contract with providers of services relating to 
     sensitive compartmented information facilities for use of 
     those facilities by businesses and organizations on contracts 
     at multiple security levels.
       (c) Elements.--The plan required by subsection (b) shall 
     include the following:
       (1) An explanation of how the Director of National 
     Intelligence will leverage the contracting methodology the 
     National Reconnaissance Office has used to provide leased 
     sensitive compartmented information facility space to 
     businesses and organizations.
       (2) Policy and budget guidance to incentivize Federal 
     agencies to implement the plan required by subsection (b).

     SEC. 303. PLAN TO ESTABLISH COMMERCIAL GEOSPATIAL 
                   INTELLIGENCE DATA AND SERVICES PROGRAM OFFICE.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services of the Senate; and
       (3) the Committee on Armed Services of the House of 
     Representatives.
       (b) Plan Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the National 
     Reconnaissance Office and the Director of the National 
     Geospatial-Intelligence Agency, in consultation with the 
     Director of National Intelligence, shall jointly develop and 
     submit to the appropriate committees of Congress a plan to 
     establish a colocated joint commercial geospatial 
     intelligence data and services program office.
       (c) Contents.--The plan required by subsection (b) shall 
     include the following:
       (1) Milestones for implementation of the plan.
       (2) An updated acquisition strategy that--
       (A) provides for an annual evaluation of new commercially 
     available capabilities with opportunities for new entrants;
       (B) provides for a flexible contract approach that will 
     rapidly leverage innovative commercial geospatial 
     intelligence data capabilities to meet new intelligence 
     challenges informed by operational requirements; and
       (C) considers efficiencies to be gained from closely 
     coordinated acquisitions of geospatial intelligence data and 
     services.
       (3) An organizational structure of the joint office that--
       (A) shares responsibilities and equities between the 
     National Reconnaissance Office and the National Geospatial-
     Intelligence Agency;
       (B) specifies as the head of the office a representative 
     from the National Geospatial-Intelligence Agency; and
       (C) specifies as the deputy head of the office a 
     representative from the National Reconnaissance Office.

     SEC. 304. INVESTMENT STRATEGY FOR COMMERCIAL GEOSPATIAL 
                   INTELLIGENCE SERVICES ACQUISITION.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
       (b) Strategy Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of the 
     National Geospatial-Intelligence Agency, in consultation with 
     the Director of National Intelligence and the Secretary of 
     Defense, shall submit to the appropriate committees of 
     Congress an investment strategy for the acquisition of 
     commercial geospatial intelligence data services and 
     analytics by the National Geospatial-Intelligence Agency.
       (c) Contents.--The strategy required by subsection (b) 
     shall include the following:
       (1) A plan to increase purchases of unclassified geospatial 
     intelligence data services and analytics to meet global 
     mission requirements of the National Geospatial-Intelligence 
     Agency while maximizing enterprise access agreements for 
     procured data and services.
       (2) An articulation of the relationship between geospatial 
     intelligence data and services and how such data and services 
     are purchased, identifying in particular any challenges to 
     procuring such services independent of the underlying data.

     SEC. 305. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION 
                   CENTER REPORT, STRATEGY, AND PLAN.

       (a) Requirement for Report and Strategy.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Director of the Central Intelligence Agency shall submit to 
     the congressional intelligence committees--

[[Page S7952]]

       (1) a report stating the mission and purpose of the 
     Acquisition Innovation Center of the Agency; and
       (2) a strategy for incorporating the Acquisition Innovation 
     Center into the standard operating procedures and procurement 
     and acquisition practices of the Agency.
       (b) Requirement for Implementation Plan.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Director shall, using the findings of the Director with 
     respect to the report submitted under subsection (a)(1), 
     submit to the congressional intelligence committees an 
     implementation plan that addresses--
       (1) how the Director will ensure the contracting officers 
     of the Agency and the technical representatives of the 
     Acquisition Innovation Center for the contracting officers 
     have access to the technical expertise required to inform 
     requirements development, technology maturity assessments, 
     and monitoring of acquisitions;
       (2) how the plan specifically applies to technical 
     industries, including telecommunications, software, 
     aerospace, and large-scale construction; and
       (3) projections for resources necessary to support the 
     Acquisition Innovation Center, including staff, training, and 
     contracting support tools.

     SEC. 306. IMPROVING AUTHORITIES RELATING TO NATIONAL 
                   COUNTERINTELLIGENCE AND SECURITY.

       (a) Duties of the Director of the National 
     Counterintelligence and Security Center.--Section 902(c) of 
     the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 
     3382(c)) is amended by adding at the end the following:
       ``(5) To organize and lead strategic planning for 
     counterintelligence activities in support of National 
     Counterintelligence Strategy objectives and other national 
     counterintelligence priorities by integrating all instruments 
     of national power, including diplomatic, financial, military, 
     intelligence, homeland security, and coordination with law 
     enforcement activities, within and among Federal agencies.''.
       (b) Changes to the Functions of the National 
     Counterintelligence and Security Center.--
       (1) Evaluation of implementation of national 
     counterintelligence strategy.--Paragraph (3) of section 
     904(d) of such Act (50 U.S.C. 3383(d)) is amended to read as 
     follows:
       ``(3) Implementation of national counterintelligence 
     strategy.--To evaluate on an ongoing basis the implementation 
     of the National Counterintelligence Strategy by the 
     intelligence community and other appropriate elements of the 
     United States Government and to submit to the President, the 
     congressional intelligence committees (as defined in section 
     3 of the National Security Act of 1947 (50 U.S.C. 3003)), the 
     National Security Council, the Director of the Office of 
     Management and Budget, and the National Counterintelligence 
     Policy Board periodic reports on such evaluation, including a 
     discussion of any shortfalls in the implementation of the 
     Strategy and recommendations for remedies for such 
     shortfalls.''.
       (2) National counterintelligence program budget.--Paragraph 
     (5) of such section is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``oversee and'' before ``coordinate''; and
       (ii) by inserting ``in furtherance of the National 
     Counterintelligence Strategy and other strategic 
     counterintelligence priorities'' before ``of the Department 
     of Defense''; and
       (B) in subparagraph (C), by striking ``the National 
     Security Council'' and inserting ``the congressional 
     intelligence committees (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003)), the National 
     Security Council, the Director of the Office of Management 
     and Budget, and the National Counterintelligence Policy 
     Board''.
       (3) National counterintelligence outreach, watch, and 
     warning.--
       (A) Counterintelligence vulnerability risk assessments.--
     Subparagraph (A) of paragraph (7) of such section is amended 
     by striking ``surveys of the vulnerability of the United 
     States Government, and the private sector,'' and inserting 
     ``counterintelligence risk assessments and surveys of the 
     vulnerability of the United States''.
       (B) Outreach.--Subparagraph (B) of such paragraph is 
     amended to read as follows:
       ``(B) Outreach.--
       ``(i) Outreach programs and activities.--To carry out and 
     coordinate, consistent with other applicable provisions of 
     law and in consultation with appropriate Federal departments 
     and agencies, outreach programs and outreach activities on 
     counterintelligence to other elements of the United States 
     Government, State, local, and Tribal governments, foreign 
     governments and allies of the United States, the private 
     sector, and United States academic institutions.
       ``(ii) Public warnings.--To coordinate the dissemination to 
     the public of warnings on intelligence threats to the United 
     States.''.

     SEC. 307. REMOVAL OF CHIEF INFORMATION OFFICER OF THE 
                   INTELLIGENCE COMMUNITY FROM LEVEL IV OF THE 
                   EXECUTIVE SCHEDULE.

       Section 5315 of title 5, United States Code, is amended by 
     striking ``Chief Information Officer of the Intelligence 
     Community''.

     SEC. 308. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES 
                   TO BE USED PRIMARILY BY INTELLIGENCE COMMUNITY.

       Section 602(a) of the Intelligence Authorization Act for 
     Fiscal Year 1995 (50 U.S.C. 3304(a)) is amended--
       (1) in paragraph (1), by striking ``$5,000,000'' and 
     inserting ``$6,000,000''; and
       (2) in paragraph (2), by striking ``$5,000,000'' and 
     inserting ``$6,000,000''.

     SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR 
                   INTELLIGENCE COMMUNITY DIVERSITY, EQUITY, 
                   INCLUSION, AND ACCESSIBILITY ACTIVITIES.

       (a) In General.--Title XI of the National Security Act of 
     1947 (50 U.S.C. 3231 et. seq.) is amended by adding at the 
     end the following:

     ``SEC. 1111. SUPPORT FOR INTELLIGENCE COMMUNITY DIVERSITY, 
                   EQUITY, INCLUSION, AND ACCESSIBILITY 
                   ACTIVITIES.

       ``(a) Definition of Covered Workforce Activities.--In this 
     section, the term `covered workforce activities' includes--
       ``(1) activities relating to the recruitment or retention 
     of personnel in the workforce of the intelligence community; 
     and
       ``(2) activities relating to the workforce of the 
     intelligence community and diversity, equity, inclusion, or 
     accessibility.
       ``(b) Authority to Support Covered Workforce Activities.--
     Notwithstanding any other provision of law and subject to the 
     availability of appropriations made available to the Director 
     of National Intelligence for covered workforce activities, 
     the Director may, with or without reimbursement, support such 
     covered workforce activities of the various elements of the 
     intelligence community as the Director determines will 
     benefit the intelligence community as a whole.''.
       (b) Clerical Amendment.--The table of contents at the 
     beginning of such Act is amended by inserting after the item 
     relating to section 1110 the following:

``Sec. 1111. Support for intelligence community diversity, equity, 
              inclusion, and accessibility activities.''.

     SEC. 310. ESTABLISHMENT OF DIVERSITY, EQUITY, AND INCLUSION 
                   OFFICER OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 3021 et seq.) is amended by inserting after 
     section 103J (50 U.S.C. 3034a) the following:

     ``SEC. 103K. DIVERSITY, EQUITY, AND INCLUSION OFFICER OF THE 
                   INTELLIGENCE COMMUNITY.

       ``(a) Diversity, Equity, and Inclusion Officer of the 
     Intelligence Community.--Within the Office of the Director of 
     National Intelligence, there is a Diversity, Equity, and 
     Inclusion Officer of the Intelligence Community who shall be 
     appointed by the Director of National Intelligence.
       ``(b) Duties.--The Diversity, Equity, and Inclusion Officer 
     of the Intelligence Community shall--
       ``(1) serve as the principal advisor to the Director of 
     National Intelligence and the Principal Deputy Director of 
     National Intelligence on diversity, equity, and inclusion in 
     the intelligence community;
       ``(2) lead the development and implementation of strategies 
     and initiatives to advance diversity, equity, and inclusion 
     in the intelligence community; and
       ``(3) perform such other duties, consistent with paragraphs 
     (1) and (2), as may be prescribed by the Director.
       ``(c) Annual Reports to Congress.--Not less frequently than 
     once each year, the Diversity, Equity, and Inclusion Officer 
     of the Intelligence Community shall submit to the 
     congressional intelligence communities a report on the 
     implementation of the strategies and initiatives developed 
     pursuant to subsection (b)(2) and the execution of related 
     expenditures.
       ``(d) Prohibition on Simultaneous Service as Other 
     Diversity, Equity, and Inclusion or Equal Employment 
     Opportunity Officer.--An individual serving in the position 
     of Diversity, Equity, and Inclusion Officer of the 
     Intelligence Community may not, while so serving, serve as 
     either the Diversity, Equity, and Inclusion Officer or the 
     Equal Employment Opportunity Officer of any other department 
     or agency, or component thereof, of the United States 
     Government.''.
       (b) Clerical Amendment.--The table of contents at the 
     beginning of such Act is amended by inserting after the item 
     relating to section 103J the following:

``Sec. 103K. Diversity, Equity, and Inclusion Officer of the 
              Intelligence Community.''.
       (c) Limitation.--None of the funds authorized to be 
     appropriated by this Act may be used to increase the number 
     of full-time equivalent employees of the Office of the 
     Director of National Intelligence in order to carry out 
     section 103K of such Act, as added by subsection (a).

     SEC. 311. ANNUAL REPORT EVALUATING COLLABORATION BETWEEN THE 
                   NATIONAL RECONNAISSANCE OFFICE AND THE SPACE 
                   FORCE.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees; and
       (2) the congressional defense committees (as defined in 
     section 101(a) of title 10, United States Code).
       (b) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act and not less frequently than 
     once each year thereafter for 5 years, the Secretary of the 
     Air Force and the Director of National

[[Page S7953]]

     Intelligence shall jointly, in consultation with the Under 
     Secretary of Defense for Intelligence and Security, submit to 
     the appropriate committees of Congress a report evaluating 
     the partnership between the National Reconnaissance Office 
     and the Space Force.
       (c) Contents.--Each report submitted under subsection (b) 
     shall include the following:
       (1) A description of the division of labor between the 
     National Reconnaissance Office and the Space Force, 
     including--
       (A) shared missions and programs; and
       (B) methods of collaboration.
       (2) An evaluation of the ways in which the National 
     Reconnaissance Office and the Space Force are partnering on 
     missions and programs, including identification of lessons 
     learned for improving collaboration and deconflicting 
     activities in the future.
       (3) An examination of how resources provided from the 
     National Intelligence Program and the Military Intelligence 
     Program are allocated to or transferred between the National 
     Reconnaissance Office and the Space Force.

     SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE DECLASSIFICATION 
                   REVIEW OF INFORMATION RELATING TO TERRORIST 
                   ATTACKS OF SEPTEMBER 11, 2001.

       (a) Declassification Review Required.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Director of National Intelligence shall, in coordination with 
     the Director of the Federal Bureau of Investigation, the 
     Director of the Central Intelligence Agency, and the heads of 
     such other elements of the intelligence community as the 
     Director of National Intelligence considers appropriate, 
     commence a declassification review, which the Director of 
     National Intelligence shall complete not later than 120 days 
     after the date of the enactment of this Act, to determine 
     what additional information relating to the terrorist attacks 
     of September 11, 2001, can be appropriately declassified and 
     shared with the public.
       (b) Information Covered.--The information reviewed under 
     subsection (a) shall include the following:
       (1) Information relating to the direction, facilitation, 
     and other support provided to the individuals who carried out 
     the terrorist attacks of September 11, 2001.
       (2) Information from Operation Encore and the PENTTBOM 
     investigation of the Federal Bureau of Investigation.
       (c) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives a report on the findings of the 
     Director with respect to the declassification review 
     conducted under subsection (a).

     SEC. 313. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by adding at the end the following:

     ``SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.

       ``(a) Establishment of Chaplain Corps.--There is in the 
     Agency a Chaplain Corps for the provision of spiritual or 
     religious pastoral services.
       ``(b) Chief of Chaplains.--The head of the Chaplain Corps 
     shall be the Chief of Chaplains, who shall be appointed by 
     the Director.
       ``(c) Staff and Administration.--
       ``(1) Staff.--The Director may appoint and fix the 
     compensation of such staff of the Chaplain Corps as the 
     Director considers appropriate, except that the Director may 
     not--
       ``(A) appoint more than 10 full-time equivalent positions; 
     or
       ``(B) provide basic pay to any member of the staff of the 
     Chaplain Corps at an annual rate of basic pay in excess of 
     the maximum rate of basic pay for grade GS-15 as provided in 
     section 5332 of title 5, United States Code.
       ``(2) Administration.--The Director may--
       ``(A) reimburse members of the staff of the Chaplain Corps 
     for work-related travel expenses;
       ``(B) provide security clearances to such members; and
       ``(C) furnish such physical workspace at the headquarters 
     building of the Agency as the Director considers 
     appropriate.''.

     SEC. 314. PILOT PROGRAM ON RECRUITMENT AND RETENTION IN 
                   OFFICE OF INTELLIGENCE AND ANALYSIS OF THE 
                   DEPARTMENT OF THE TREASURY.

       (a) Pilot Program Required.--The Assistant Secretary for 
     Intelligence and Analysis in the Department of the Treasury 
     shall carry out a pilot program to assess the feasibility and 
     advisability of using adjustments of rates of pay to recruit 
     and retain staff for high-demand positions in the Office of 
     Intelligence and Analysis of the Department of the Treasury.
       (b) Duration.--The Assistant Secretary shall carry out the 
     pilot program required by subsection (a) during the 4-year 
     period beginning on the date of the enactment of this Act.
       (c) Additional Pay.--Under the pilot program required by 
     subsection (a), the Assistant Secretary shall, 
     notwithstanding any provision of title 5, United States Code, 
     governing the rates of pay or classification of employees in 
     the executive branch, prescribe the rate of basic pay for 
     financial and cyber intelligence analyst positions designated 
     under subsection (d) at rates--
       (1) not greater than 130 percent of the maximum basic rate 
     of pay and locality pay that such positions would otherwise 
     be eligible for; and
       (2) not greater than the rate of basic pay payable for 
     level II of the Executive Schedule under section 5313 of 
     title 5, United States Code.
       (d) Designated Positions.--
       (1) In general.--Except as provided in paragraph (2), under 
     the pilot program required by subsection (a), the Assistant 
     Secretary shall designate not fewer than 5 percent and not 
     more than 25 percent of the total number of positions in the 
     Office, including positions to be filled by new hires, as 
     financial or cyber intelligence analyst positions eligible 
     for the additional pay under subsection (c).
       (2) Current employees.--The Assistant Secretary may 
     designate under paragraph (1) a position filled by an 
     employee who was employed in that position on the day before 
     the date of the enactment of this Act only if the employee 
     was in the top one-third of performance rankings for the 
     position within the Office for the duration of the 2-year 
     period ending on the date of the enactment of this Act.
       (e) Briefing on the Pilot Program.--Not later than 180 days 
     after the date of the enactment of this Act and not less 
     frequently than once each year thereafter for the duration of 
     the period set forth in subsection (b), the Assistant 
     Secretary shall provide the congressional intelligence 
     committees and the Director of National Intelligence with a 
     briefing on the pilot program required by subsection (a).
       (f) Report on the Pilot Program.--Not later than 180 days 
     before the last day of the period set forth in subsection 
     (b), the Assistant Secretary shall submit to the 
     congressional intelligence committees, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Reform of the House of 
     Representatives, and the Director of National Intelligence a 
     report on the effectiveness of the pilot program and 
     recommendations on whether the pilot program should be 
     extended, modified, or ended.
       (g) Recommendations of Director of National Intelligence.--
     Not later than 3 years after the date of the enactment of 
     this Act, the Director shall submit to the congressional 
     intelligence committees recommendations as to--
       (1) which, if any, other elements of the intelligence 
     community would benefit from a program similar to the pilot 
     program required by subsection (a); and
       (2) what, if any, modifications the Director would 
     recommend for such elements.
       (h) Retention of Prescribed Rates of Pay After Termination 
     of Pilot Program.--After the period set forth in subsection 
     (b), the Assistant Secretary may continue to pay a person, 
     who received pay during such period pursuant to a rate of 
     basic pay prescribed under subsection (c), at a rate of basic 
     pay not to exceed the rate of basic pay that was in effect 
     for the person on the day before the last day of such period, 
     until such time as the applicable rate of basic pay for the 
     person under the General Schedule exceeds the rate of basic 
     pay that was so in effect under subsection (c).

     SEC. 315. PILOT PROGRAM ON STUDENT LOAN REPAYMENT AT OFFICE 
                   OF INTELLIGENCE AND ANALYSIS OF DEPARTMENT OF 
                   THE TREASURY.

       (a) Pilot Program.--
       (1) Establishment.--The Assistant Secretary for 
     Intelligence and Analysis in the Department of the Treasury 
     shall carry out a pilot program to assess the feasibility and 
     advisability of using repayment of loans on behalf of persons 
     that were used by the persons to finance education as a 
     recruitment incentive for employment at the Office of 
     Intelligence and Analysis of China specialists, data 
     scientists, cyber specialists, and others with any other 
     analytic or technical capabilities that are in high demand by 
     the Office.
       (b) Loan Repayments.--
       (1) In general.--Under the pilot program, the Assistant 
     Secretary may repay the principal, interest, and related 
     expenses of a loan obtained by a covered person to finance 
     education.
       (2) Covered persons.--For purposes of paragraph (1), a 
     covered person is a person who agrees to an offer from the 
     Assistant Secretary to participate in the pilot program 
     before beginning employment in the Office.
       (3) Limitation on total amount.--Under the pilot program, 
     the Assistant Secretary may repay not more than $100,000 on 
     behalf of any one person.
       (4) Limitation on annual amount of payments.--Under the 
     pilot program, the Assistant Secretary may repay not more 
     than $15,000 on behalf of any one person in any one fiscal 
     year.
       (5) Timing and period of payments.--In repaying a loan of a 
     person under the pilot program, the Assistant Secretary shall 
     make payments--
       (A) on a monthly basis; and
       (B) only during the period beginning on the date on which 
     the person begins employment with the Office and ending on 
     the date on which the person leaves employment with the 
     Office.
       (c) Duration.--The Assistant Secretary shall carry out the 
     pilot program during the period of fiscal years 2022 through 
     2024.
       (d) Limitation on Number of Participants.--The total number 
     of individuals receiving a loan repayment under the pilot 
     program during any fiscal year may not exceed 10.

[[Page S7954]]

       (e) Administration.--
       (1) In general.--In carrying out the pilot program, the 
     Assistant Secretary shall--
       (A) establish such requirements relating to the academic or 
     specialized training of participants as the Assistant 
     Secretary considers appropriate to ensure that participants 
     are prepared for employment as intelligence analysts; and
       (B) periodically review the areas of high demand for 
     particular analytic or technical capabilities and determine 
     which academic areas of specialization may be most useful in 
     addressing that demand.
       (2) Use of existing programs.--The Assistant Secretary 
     shall assess the feasibility and advisability of 
     administering the pilot program by leveraging student loan 
     programs of the Department of the Treasury that were in 
     effect on the day before the date of the enactment of this 
     Act.
       (f) Reports.--
       (1) Preliminary report.--Not later than 120 days after the 
     date of the enactment of this Act, the Assistant Secretary 
     shall submit to Congress a preliminary report on the pilot 
     program, including a description of the pilot program and the 
     authorities to be utilized in carrying out the pilot program.
       (2) Annual report.--
       (A) In general.--Not later than one year after the 
     commencement of the pilot program and annually thereafter 
     until the program ends, the Assistant Secretary shall submit 
     to the congressional intelligence committees and the Director 
     of National Intelligence a report on the pilot program.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall include--
       (i) a description of the activities under the pilot 
     program, including the number of individuals who participated 
     in the pilot program;
       (ii) an assessment of the effectiveness of the pilot 
     program as a recruitment tool; and
       (iii) such recommendations for legislative or 
     administrative action as the Assistant Secretary considers 
     appropriate in light of the pilot program.
       (3) Recommendations.--Not later than 2 years after the 
     commencement of the pilot program, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees the recommendations of the Director as to which, 
     if any, other elements of the intelligence community would 
     benefit from establishing a loan repayment program similar to 
     the pilot program required by subsection (a), and what, if 
     any, modifications the Director would recommend to the 
     program if it were established.
       (g) Funding.--Of the amounts authorized to be appropriated 
     by this Act, $1,300,000 shall be available until expended to 
     carry out this section. Of such amounts--
       (1) $1,000,000 shall be available for repayment of loans; 
     and
       (2) $300,000 shall be available for a period of 2 years 
     during the pilot program to hire personnel to administer the 
     pilot program.

     SEC. 316. PROHIBITION ON COLLECTION AND ANALYSIS OF UNITED 
                   STATES PERSONS' INFORMATION BY INTELLIGENCE 
                   COMMUNITY BASED ON FIRST AMENDMENT-PROTECTED 
                   ACTIVITIES.

       No element of the intelligence community may collect or 
     analyze a United States person's information solely upon the 
     basis of an activity protected by the First Amendment to the 
     Constitution of the United States.

     SEC. 317. SENSE OF THE SENATE ON THE USE OF INTELLIGENCE 
                   COMMUNITY RESOURCES FOR COLLECTION, ASSESSMENT, 
                   AND ANALYSIS OF INFORMATION PERTAINING 
                   EXCLUSIVELY TO UNITED STATES PERSONS ABSENT A 
                   FOREIGN NEXUS.

       It is the sense of the Senate that--
       (1) the Federal Bureau of Investigation and the Department 
     of Homeland Security do vital work in enforcing the rule of 
     law and safeguarding the people of the United States from 
     harm;
       (2) the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458; 118 Stat. 3638) sought to 
     facilitate greater information sharing between law 
     enforcement and intelligence communities for the purpose of 
     thwarting attacks on the homeland from international 
     terrorist organizations;
       (3) National Intelligence Program funds should be expended 
     only in support of intelligence activities with a foreign 
     nexus consistent with the definition of intelligence provided 
     by Congress in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003); and
       (4) the intelligence community should not engage in the 
     collection, assessment, or analysis of information that 
     pertains exclusively to United States persons absent a 
     foreign nexus.

      Subtitle B--Inspector General of the Intelligence Community

     SEC. 321. SUBMITTAL OF COMPLAINTS AND INFORMATION BY 
                   WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY TO 
                   CONGRESS.

       (a) Amendments to Inspector General Act of 1978.--
       (1) Appointment of security officers.--Section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following:
       ``(h) 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 (a)(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 (d) 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)(A) 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 (a)(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 
     (h).
       ``(B) 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) 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 Chairman and Ranking Member 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 (a) of such section is amended by 
     adding at the end the following:
       ``(4) Subject to paragraphs (2) and (3) of subsection (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--
       ``(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 
     subsection (h) of section 8H of the Inspector General Act of 
     1978 (5 U.S.C. App.).''.
       (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

[[Page S7955]]

       ``(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 8H(h) 
     of the Inspector General Act of 1978 (5 U.S.C. App.).
       ``(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 Chairman and Ranking Member 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--
       ``(A) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(B) 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 
     subsection (h) of section 8H of the Inspector General Act of 
     1978 (5 U.S.C. App.).''.
       (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 8H(h) 
     of the Inspector General Act of 1978 (5 U.S.C. App.).
       ``(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 Chairman 
     and Ranking Member 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--
       ``(A) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(B) 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. 322. DEFINITIONS AND AUTHORITIES REGARDING WHISTLEBLOWER 
                   COMPLAINTS AND INFORMATION OF URGENT CONCERN 
                   RECEIVED BY INSPECTORS GENERAL OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) Definition of Urgent Concern.--
       (1) National security act of 1947.--Section 
     103H(k)(5)(G)(i) of the National Security Act of 1947 (50 
     U.S.C. 3033(k)(5)(G)(i)) is amended by striking ``within 
     the'' and all that follows through ``policy matters.'' and 
     inserting the following: ``of the Federal Government that 
     is--
       ``(I) a matter of national security; and
       ``(II) not a difference of opinion concerning public policy 
     matters.''.
       (2) Inspector general act of 1978.--Paragraph (1)(A) of 
     subsection (i) of section 8H of the Inspector General Act of 
     1978 (5 U.S.C. App.), as redesignated by section 
     321(a)(1)(A), is amended by striking ``involving'' and all 
     that follows through ``policy matters.'' and inserting the 
     following: ``of the Federal Government that is--
       ``(i) a matter of national security; and
       ``(ii) not a difference of opinion concerning public policy 
     matters.''.
       (3) Central intelligence agency act of 1949.--Section 
     17(d)(5)(G)(i)(I) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)) is amended by striking 
     ``involving'' and all that follows through ``policy 
     matters.'' and inserting the following: ``of the Federal 
     Government that is--
       ``(aa) a matter of national security; and
       ``(bb) not a difference of opinion concerning public policy 
     matters.''.
       (b) Authority of Inspectors General.--
       (1) Scope of authority of inspector general of the 
     intelligence community.--Section 103H(k)(5) of the National 
     Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by 
     adding at the end the following:
       ``(J) The Inspector General shall have authority over any 
     complaint or information submitted to the Inspector General 
     from an employee, detailee, or contractor, or former 
     employee, detailee, or contractor, of the intelligence 
     community.''.
       (2) Authority of inspector general of the intelligence 
     community to determine matters of urgent concern.--Section 
     103H(k)(5)(G) of such Act (50 U.S.C. 3033(k)(5)(G)) is 
     amended--
       (A) in clause (i), as amended by subsection (a)(1), by 
     resdesignating subclauses (I) and (II) as items (aa) and 
     (bb), respectively;
       (B) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively;
       (C) in the matter before subclause (I), as redesignated by 
     subparagraph (B), by inserting ``(i)'' before ``In this''; 
     and
       (D) by adding at the end the following:
       ``(ii) The Inspector General shall have sole authority to 
     determine whether any complaint or information reported to 
     the Inspector General is a matter of urgent concern under 
     this paragraph.''.
       (3) Authority of inspectors general to determine matters of 
     urgent concern.--Subsection (i) of section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.), as 
     redesignated by section 321(a)(1)(A), is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), as amended by subsection (a)(2), 
     by redesignating clauses (i) and (ii) as subclauses (I) and 
     (II), respectively; and
       (ii) by redesignating paragraphs (A), (B), and (C) and 
     clauses (i), (ii), and (iii), respectively;
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (C) in the matter before subparagraph (A), as redesignated 
     by subparagraph (B), by inserting ``(1)'' before ``In this''; 
     and
       (D) by adding at the end the following:
       ``(2) The Inspector General shall have sole authority to 
     determine whether any complaint or information reported to 
     the Inspector General is a matter of urgent concern under 
     this section.''.
       (4) Authority of inspector general of central intelligence 
     agency to determine matters of urgent concern.--Section 
     17(d)(5)(G) of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3517(d)(5)(G)) is amended--
       (A) in clause (i)--
       (i) in subclause (I), as amended by subsection (a)(3), by 
     redesignating items (aa) and (bb) as subitems (AA) and (BB), 
     respectively; and
       (ii) by redesignating subclauses (I), (II), and (III) as 
     items (aa), (bb), and (cc), respectively;
       (B) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively; and

[[Page S7956]]

       (C) in the matter before clause (I), as redesignated by 
     subparagraph (B), by inserting ``(i)'' before ``In this''; 
     and
       (D) by adding at the end the following:
       ``(ii) The Inspector General shall have sole authority to 
     determine whether any complaint or information reported to 
     the Inspector General is a matter of urgent concern under 
     this paragraph.''.

     SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.

       (a) Prohibited Personnel Practices in the Intelligence 
     Community.--
       (1) Threats relating to personnel actions.--
       (A) Agency employees.--Section 1104(b) of the National 
     Security Act of 1947 (50 U.S.C. 3234(b)) is amended, in the 
     matter preceding paragraph (1), by inserting ``, or threaten 
     to take or fail to take,'' after ``take or fail to take''.
       (B) Contractor employees.--Section 1104(c)(1) of such Act 
     (50 U.S.C. 3234(c)(1)) is amended, in the matter preceding 
     subparagraph (A), by inserting ``, or threaten to take or 
     fail to take,'' after ``take or fail to take''.
       (2) Protection for contractor employees against reprisal 
     from agency employees.--Section 1104(c)(1) of such Act (50 
     U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this 
     subsection, is further amended, in the matter preceding 
     subparagraph (A), by inserting ``of an agency or'' after 
     ``Any employee''.
       (3) Enforcement.--Subsection (d) of section 1104 of such 
     Act (50 U.S.C. 3234) is amended to read as follows:
       ``(d) Enforcement.--The President shall provide for the 
     enforcement of this section consistent, to the fullest extent 
     possible, with the policies and procedures used to adjudicate 
     alleged violations of section 2302(b)(8) of title 5, United 
     States Code.''.
       (b) Retaliatory Revocation of Security Clearances and 
     Access Determinations.--
       (1) Enforcement.--Section 3001(j) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)) is amended--
       (A) by redesignating paragraph (8) as paragraph (9); and
       (B) by inserting after paragraph (7) the following:
       ``(8) Enforcement.--Except as otherwise provided in this 
     subsection, the President shall provide for the enforcement 
     of this section consistent, to the fullest extent possible, 
     with the policies and procedures used to adjudicate alleged 
     violations of section 2302(b)(8) of title 5, United States 
     Code.''.
       (2) Elimination of deadline for appeal of prohibited 
     reprisal.--Section 3001(j)(4)(A) of such Act (50 U.S.C. 
     3341(j)(4)(A)) is amended by striking ``within 90 days''.
       (3) Elimination of cap on compensatory damages.--Section 
     3001(j)(4)(B) of such Act (50 U.S.C. 3341(j)(4)(B)) is 
     amended, in the second sentence, by striking ``not to exceed 
     $300,000''.
       (4) Establishing process parity for adverse security 
     clearance and access determinations.--Subparagraph (C) of 
     section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is 
     amended to read as follows:
       ``(C) Burdens of proof.--
       ``(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.''.
       (c) Correction of Definition of Agency.--Section 
     3001(a)(1)(B) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 3341(a)(1)(B)) is amended 
     by striking ``and'' and inserting ``or''.
       (d) Establishing Consistency With Respect to Protections 
     for Disclosures of Mismanagement.--
       (1) Security clearance and access determinations.--Section 
     3001(j)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
       (A) in subparagraph (A)(ii), by striking ``gross 
     mismanagement'' and inserting ``mismanagement''; and
       (B) in subparagraph (B)(ii), by striking ``gross 
     mismanagement'' and inserting ``mismanagement''.
       (2) Personnel actions against contractor employees.--
     Section 1104(c)(1)(B) of the National Security Act of 1947 
     (50 U.S.C. 3234(c)(1)(B)) is amended by striking ``gross 
     mismanagement'' and inserting ``mismanagement''.
       (e) Protected Disclosures to Supervisors.--
       (1) Personnel actions.--
       (A) Disclosures by agency employees to supervisors.--
     Section 1104(b) of the National Security Act of 1947 (50 
     U.S.C. 3234(b)), as amended by subsection (a)(1)(A), is 
     further amended, in the matter preceding paragraph (1), by 
     inserting ``a supervisor in the employee's direct chain of 
     command, or a supervisor of the employing agency with 
     responsibility for the subject matter of the disclosure, up 
     to and including'' before ``the head of the employing 
     agency''.
       (B) Disclosures by contractor employees to supervisors.--
     Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as 
     amended by subsection (a), is further amended, in the matter 
     preceding subparagraph (A), by inserting ``a supervisor in 
     the contractor employee's direct chain of command up to and 
     including'' before ``the head of the contracting agency''.
       (2) Security clearance and access determinations.--Section 
     3001(j)(1)(A) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, 
     in the matter preceding clause (i), by inserting ``a 
     supervisor in the employee's direct chain of command, or a 
     supervisor of the employing agency with responsibility for 
     the subject matter of the disclosure, up to and including'' 
     before ``the head of the employing agency''.
       (f) Establishing Parity for Protected Disclosures.--Section 
     1104 of the National Security Act of 1947 (50 U.S.C. 3234) is 
     amended--
       (1) in subsection (b), as amended by subsections (a)(1)(A) 
     and (e)(1)(A)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and moving such 
     subparagraphs, as so redesignated, 2 ems to the right;
       (B) in the matter preceding subparagraph (A), as 
     redesignated and moved by subparagraph (B) of this paragraph, 
     by striking ``for a lawful disclosure'' and inserting the 
     following: ``for--
       ``(1) any lawful disclosure''; and
       (C) by adding at the end the following:
       ``(2) any lawful disclosure that complies with--
       ``(A) subsections (a)(1), (d), and (g) of section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.);
       ``(B) subparagraphs (A), (D), and (H) of section 17(d)(5) 
     of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)); or
       ``(C) subparagraphs (A), (D), and (I) of section 
     103H(k)(5); or
       ``(3) if the actions do not result in the employee 
     unlawfully disclosing information specifically required by 
     Executive order to be kept classified in the interest of 
     national defense or the conduct of foreign affairs, any 
     lawful disclosure in conjunction with--
       ``(A) the exercise of any appeal, complaint, or grievance 
     right granted by any law, rule, or regulation;
       ``(B) testimony for or otherwise lawfully assisting any 
     individual in the exercise of any right referred to in 
     subparagraph (A); or
       ``(C) cooperation with or disclosing information to the 
     Inspector General of an agency, in accordance with applicable 
     provisions of law in connection with an audit, inspection, or 
     investigation conducted by the Inspector General.''; and
       (2) in subsection (c)(1), as amended by subsections (a) and 
     (e)(1)(B)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and moving such clauses, as so 
     redesignated, 2 ems to the right;
       (B) in the matter preceding clause (i), as redesignated and 
     moved by subparagraph (B) of this paragraph, by striking 
     ``for a lawful disclosure'' and inserting the following: 
     ``for--
       ``(A) any lawful disclosure''; and
       (C) by adding at the end the following:
       ``(B) any lawful disclosure that complies with--
       ``(i) subsections (a)(1), (d), and (g) of section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.);
       ``(ii) subparagraphs (A), (D), and (H) of section 17(d)(5) 
     of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)); or
       ``(iii) subparagraphs (A), (D), and (I) of section 
     103H(k)(5); or
       ``(C) if the actions do not result in the contractor 
     employee unlawfully disclosing information specifically 
     required by Executive order to be kept classified in the 
     interest of national defense or the conduct of foreign 
     affairs, any lawful disclosure in conjunction with--
       ``(i) the exercise of any appeal, complaint, or grievance 
     right granted by any law, rule, or regulation;
       ``(ii) testimony for or otherwise lawfully assisting any 
     individual in the exercise of any right referred to in clause 
     (i); or
       ``(iii) cooperation with or disclosing information to the 
     Inspector General of an agency, in accordance with applicable 
     provisions of law in connection with an audit, inspection, or 
     investigation conducted by the Inspector General.''.
       (g) Clarification Relating to Protected Disclosures.--
     Section 1104 of the National Security Act of 1947 (50 U.S.C. 
     3234) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Rule of Construction.--Consistent with the protection 
     of sources and methods,

[[Page S7957]]

     nothing in subsection (b) or (c) shall be construed to 
     authorize--
       ``(1) the withholding of information from Congress; or
       ``(2) the taking of any personnel action against an 
     employee who lawfully discloses information to Congress.
       ``(e) Disclosures.--A disclosure shall not be excluded from 
     this section because--
       ``(1) the disclosure was made to an individual, including a 
     supervisor, who participated in an activity that the employee 
     reasonably believed to be covered under subsection (b)(1)(B) 
     or the contractor employee reasonably believed to be covered 
     under subsection (c)(1)(A)(ii);
       ``(2) the disclosure revealed information that had been 
     previously disclosed;
       ``(3) the disclosure was not made in writing;
       ``(4) the disclosure was made while the employee was off 
     duty;
       ``(5) of the amount of time which has passed since the 
     occurrence of the events described in the disclosure; or
       ``(6) the disclosure was made during the normal course of 
     duties of an employee or contractor employee.''.
       (h) Correction Relating to Normal Course Disclosures.--
     Section 3001(j)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 3341(j)(3)) is amended--
       (1) by striking ``Disclosures.--'' and all that follows 
     through ``because--'' and inserting ``Disclosures.--A 
     disclosure shall not be excluded from paragraph (1) because--
     '';
       (2) by striking subparagraph (B);
       (3) by redesignating clauses (i) through (v) as 
     subparagraphs (A) through (E), respectively, and moving such 
     subparagraphs, as so redesignated, 2 ems to the left;
       (4) in subparagraph (D), as so redesignated, by striking 
     ``or'' at the end;
       (5) in subparagraph (E), as redesignated by paragraph (3), 
     by striking the period at the end and inserting ``; or''; and
       (6) by adding at the end the following:
       ``(F) the disclosure was made during the normal course of 
     duties of an employee.''.
       (i) Clarification Relating to Rule of Construction.--
     Section 3001(j)(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 3341(j)(2)) is amended by 
     inserting ``or clearance action'' after ``personnel action''.
       (j) Clarification Relating to Prohibited Practices.--
       (1) Intelligence reform and terrorism prevention act of 
     2004.--Section 3001(j)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), as 
     amended by this section, is further amended by striking 
     ``over'' and inserting ``to take, materially impact, direct 
     others to take, recommend, or approve''.
       (2) National security act of 1947.--
       (A) Agency employees.--Section 1104(b) of the National 
     Security Act of 1947 (50 U.S.C. 3234(b)), as amended by this 
     section, is further amended by inserting ``materially 
     impact,'' after ``authority to take,''
       (B) Contractor employees.--Section 1104(c)(1) of such Act 
     (50 U.S.C. 3234(c)(1)), as amended by this section, is 
     further amended by inserting ``materially impact,'' after 
     ``authority to take,''.
       (k) Technical Correction.--Section 3001(j)(1)(C)(i) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341(j)(1)(C)(i)) is amended by striking ``(h)'' and 
     inserting ``(g)''.
       (l) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Intelligence Community shall submit to the congressional 
     intelligence committees a report assessing the extent to 
     which protections provided under Presidential Policy 
     Directive 19 (relating to protecting whistleblowers with 
     access to classified information) have been codified in 
     statutes.

     SEC. 324. 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; or'';
       (2) by redesignating subsections (f) and (g), as 
     redesignated by section 323(g)(1), as subsections (g) and 
     (h), respectively; and
       (3) by inserting after subsection (e), as added by section 
     323(g)(2), the following:
       ``(f) Personnel Actions Involving Disclosures of 
     Whistleblower Identity.--A personnel action described in 
     subsection (a)(3)(J) shall not be considered 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)), or section 8M(b)(2)(B) of the 
     Inspector General Act of 1978 (5 U.S.C. App.);
       ``(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 
     amended by subsection (a)(3) of section 323(a)(3), 
     redesignated by subsection (g)(1) of such section, and 
     further 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 of the appropriate inspector general; and
       ``(ii) second, 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. 325. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS 
                   PROGRAMS.

       (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 Appropriations of the Senate; and
       (C) 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) Controlled access program.--The term ``controlled 
     access program'' means a program created or managed pursuant 
     to Intelligence Community Directive 906, or successor 
     directive.
       (b) Periodic Briefings Required.--
       (1) In general.--Not less frequently than semiannually or 
     upon request by one of the appropriate committees of Congress 
     or a member of congressional leadership, the Director of 
     National Intelligence shall provide the appropriate 
     committees of Congress and congressional leadership a 
     briefing on each controlled access program in effect.
       (2) Contents.--Each briefing provided under paragraph (1) 
     shall include, at a minimum, the following:
       (A) A description of the activity of the controlled access 
     programs during the period covered by the briefing.
       (B) Documentation with respect to how the controlled access 
     programs have achieved outcomes consistent with requirements 
     documented by the Director and, as applicable, the Secretary 
     of Defense.

[[Page S7958]]

       (c) Limitations.--
       (1) Limitation on establishment.--A head of an element of 
     the intelligence community may not establish a controlled 
     access program, or a compartment or subpcompartment therein, 
     until the head notifies the appropriate committees of 
     Congress and congressional leadership of such controlled 
     access program, compartment, or subcompartment, as the case 
     may be.
       (2) Limitation on use of funds.--No funds may be obligated 
     or expended by an element of the intelligence community to 
     carry out a controlled access program, or a compartment or 
     subcompartment therein, until the head of that element has 
     briefed the appropriate committees of Congress and 
     congressional leadership on the controlled access program.
       (d) Reports.--
       (1) Initial report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, each head of an element of the 
     intelligence community shall provide to the appropriate 
     committees of Congress and congressional leadership a report 
     on all controlled access programs of the element in effect.
       (B) Matters addressed.--Each report under subparagraph (A) 
     shall address, for each controlled access program covered by 
     the report, the following:
       (i) Date of initial operational capability.
       (ii) Rationale.
       (iii) Annual level of funding.
       (iv) Current operational use.
       (2) Annual reports.--
       (A) Requirement.--On an annual basis, the head of each 
     element of the intelligence community shall submit to the 
     appropriate committees of Congress and congressional 
     leadership a report on controlled access programs 
     administered by the head.
       (B) Matters included.--Each report submitted under 
     paragraph (1) shall include, with respect to the period 
     covered by the report, the following:
       (i) A list of all compartments and subcompartments of 
     controlled access programs active as of the date of the 
     report.
       (ii) A list of all compartments and subcompartments of 
     controlled access programs terminated during the period 
     covered by the report.
       (iii) With respect to the report submitted by the Director 
     of National Intelligence, in addition to the matters 
     specified in subparagraphs (A) and (B)--

       (I) a certification regarding whether the creation, 
     validation, or substantial modification, including 
     termination, for all existing and proposed controlled access 
     programs, and the compartments and subcompartments within 
     each, are substantiated and justified based on the 
     information required by clause (ii); and
       (II) for each certification--

       (aa) the rationale for the revalidation, validation, or 
     substantial modification, including termination, of each 
     controlled access program, compartment, and subcompartment;
       (bb) the identification of a control officer for each 
     controlled access program; and
       (cc) a statement of protection requirements for each 
     controlled access program.
       (e) Conforming Repeal.--Section 608 of the Intelligence 
     Authorization Act for Fiscal Year 2017 (division N of Public 
     Law 115-31; 131 Stat. 833; 50 U.S.C. 3315) is amended by 
     striking subsection (b).

  Subtitle C--Reports and Assessments Pertaining to the Intelligence 
                               Community

     SEC. 331. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID 
                   SPACE ARCHITECTURE.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually for 2 years 
     thereafter, the Director of National Intelligence, in 
     coordination with the Under Secretary of Defense for 
     Intelligence and Security and the Director of the National 
     Reconnaissance Office, shall submit to the appropriate 
     committees of Congress a report on the efforts of the 
     intelligence community to build an integrated hybrid space 
     architecture that combines national and commercial 
     capabilities and large and small satellites.
       (c) Elements.--The report required by subsection (b) shall 
     include the following:
       (1) An assessment of how the integrated hybrid space 
     architecture approach is being realized in the overhead 
     architecture of the National Reconnaissance Office.
       (2) An assessment of the benefits to the mission of the 
     National Reconnaissance Office and the cost of integrating 
     capabilities from smaller, proliferated satellites and data 
     from commercial satellites with the national technical means 
     architecture.

     SEC. 332. REPORT ON PROJECT MAVEN TRANSITION.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
       (b) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Director of the 
     National Geospatial-Intelligence Agency, in consultation with 
     such other Federal Government entities as the Director 
     considers appropriate, shall submit to the appropriate 
     committees of Congress a report on the transition of Project 
     Maven to operational mission support.
       (c) Plan of Action and Milestones.--The report required by 
     subsection (b) shall include a detailed plan of action and 
     milestones that identifies--
       (1) the milestones and decision points leading up to the 
     transition of successful geospatial intelligence capabilities 
     developed under Project Maven to the National Geospatial-
     Intelligence Agency; and
       (2) the metrics of success regarding the transition 
     described in paragraph (1) and mission support provided to 
     the National Geospatial-Intelligence Agency for each of 
     fiscal years 2022 and 2023.
       (d) Form.--The report required by subsection (b) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 333. ASSESSMENT OF INTELLIGENCE COMMUNITY 
                   COUNTERNARCOTICS CAPABILITIES.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) Assessment Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall, in consultation with such other Federal 
     Government entities as the Director considers appropriate, 
     submit to the appropriate committees of Congress an 
     assessment on the status of the intelligence community's--
       (1) counternarcotics capabilities and resourcing with 
     regard to intelligence collection and analysis;
       (2) operational support to foreign liaison partners; and
       (3) operational capacity to support the counternarcotics 
     mission of the Federal Government.
       (c) Form.--The assessment required by subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 334. ASSESSMENT OF INTELLIGENCE COMMUNITY'S 
                   INTELLIGENCE-SHARING RELATIONSHIPS WITH LATIN 
                   AMERICAN PARTNERS IN COUNTERNARCOTICS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on the Judiciary of the Senate; and
       (3) the Committee on the Judiciary of the House of 
     Representatives.
       (b) Assessment Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall, in consultation with such other Federal 
     Government entities as the Director considers appropriate, 
     submit to the appropriate committees of Congress an 
     assessment on the intelligence-sharing relationships of the 
     intelligence community with foreign partners in Latin America 
     on counternarcotics matters.
       (c) Form.--The assessment required by subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 335. REPORT ON UNITED STATES SOUTHERN COMMAND 
                   INTELLIGENCE CAPABILITIES.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
       (b) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Director of the 
     Defense Intelligence Agency, in consultation with such other 
     Federal Government entities as the Director considers 
     relevant, shall submit to the appropriate committees of 
     Congress a report detailing the status of United States 
     Southern Command's intelligence collection, analysis, and 
     operational capabilities to support Latin America-based 
     missions.
       (c) Form.--The report required by subsection (b) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 336. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON TRENDS 
                   IN TECHNOLOGIES OF STRATEGIC IMPORTANCE TO 
                   UNITED STATES.

       (a) In General.--Not less frequently than once every 2 
     years until the date that is 4 years after the date of the 
     enactment of this Act, the Director of National Intelligence

[[Page S7959]]

     shall, in consultation with the Secretary of Commerce and the 
     Director of the Office of Science and Technology Policy, 
     submit to Congress a report assessing commercial and foreign 
     trends in technologies the Director considers of strategic 
     importance to the national and economic security of the 
     United States.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) A list of the top technology focus areas that the 
     Director considers to be of the most strategic importance to 
     the United States.
       (2) A list of the top technology focus areas in which 
     countries that are adversarial to the United States are 
     poised to match or surpass the technological leadership of 
     the United States.
       (c) Form.--Each report submitted under subsection (a) may 
     take the form of a National Intelligence Estimate and shall 
     be submitted in classified form, but may include an 
     unclassified summary.

     SEC. 337. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE 
                   TIES.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, and the Committee on Appropriations of the Senate; 
     and
       (3) the Committee on Armed Services, the Committee on 
     Energy and Commerce, the Committee on Financial Services, the 
     Committee on Foreign Affairs, and the Committee on 
     Appropriations of the House of Representatives.
       (b) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence, in consultation with other appropriate Federal 
     Government entities, shall submit to the appropriate 
     committees of Congress a report on Nord Stream II efforts, 
     including:
       (1) an unclassified list of all companies supporting the 
     Nord Stream II project; and
       (2) an updated assessment of current or former ties between 
     Nord Stream's Chief Executive Officer and Russian, East 
     German, or other hostile intelligence agencies.
       (c) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex, if necessary.

     SEC. 338. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION 
                   AND RESEARCH ACTIVITIES.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (b) Assessment Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, in consultation with other appropriate Federal 
     Government entities, shall submit to the appropriate 
     committees of Congress an assessment of the activities and 
     objectives of the Organization of Defensive Innovation and 
     Research (SPND). This assessment shall include information 
     about the composition of the organization, the relationship 
     of its personnel to any research on weapons of mass 
     destruction, and any sources of financial and material 
     support that such organization receives, including from the 
     Government of Iran.
       (c) Form.--The assessment required under subsection (b) 
     shall be submitted in unclassified form, but may include a 
     classified annex, if necessary.

     SEC. 339. REPORT ON INTELLIGENCE COMMUNITY SUPPORT TO VISAS 
                   MANTIS PROGRAM.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Appropriations of the Senate; 
     and
       (3) the Committee on Foreign Affairs, the Committee on the 
     Judiciary, the Committee on Financial Services, and the 
     Committee on Appropriations of the House of Representatives.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in consultation with the head of any other 
     appropriate Government entity, shall submit to the 
     appropriate committees of Congress a report on intelligence 
     matters relating to the Visas Mantis program, including 
     efforts by--
       (A) the intelligence community to provide and plan for 
     effective intelligence support to such program; and
       (B) hostile intelligence services to exploit such program 
     or any other program by which visas for admission to the 
     United States are issued.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex, as necessary.

     SEC. 340. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall--
       (1) develop a plan for the development and resourcing of a 
     modern digital ecosystem that embraces state-of-the-art tools 
     and modern processes to enable development, testing, 
     fielding, and continuous updating of artificial intelligence-
     powered applications at speed and scale from headquarters to 
     the tactical edge; and
       (2) submit to the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives the plan developed under 
     paragraph (1).
       (b) Contents of Plan.--At a minimum, the plan required by 
     subsection (a) shall include the following:
       (1) A roadmap for adopting a hoteling model to allow 
     trusted small- and medium-sized artificial intelligence 
     companies access to classified facilities on a flexible 
     basis.
       (2) An open architecture and an evolving reference design 
     and guidance for needed technical investments in the proposed 
     ecosystem that address issues, including common interfaces, 
     authentication, applications, platforms, software, hardware, 
     and data infrastructure.
       (3) A governance structure, together with associated 
     policies and guidance, to drive the implementation of the 
     reference throughout the intelligence community on a 
     federated basis.
       (4) Recommendations to ensure that use of artificial 
     intelligence and associated data in Federal Government 
     operations comport with rights relating to freedom of 
     expression, equal protection, privacy, and due process.
       (c) Form.--The plan submitted under subsection (a)(2) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 341. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT 
                   AUTHORITY.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services of the Senate; and
       (3) the Committee on Armed Services of the House of 
     Representatives.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Intelligence and Security and the Director of National 
     Intelligence shall jointly submit to the appropriate 
     committees of Congress a study on the utility of providing 
     elements of the intelligence community of the Department of 
     Defense, other than the National Geospatial-Intelligence 
     Agency, personnel management authority to attract experts in 
     science and engineering under section 1599h of title 10, 
     United States Code.

     SEC. 342. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC 
                   VIOLENT EXTREMISM.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations and the Committee on 
     the Judiciary of the Senate; and
       (3) the Committee on Foreign Affairs and the Committee on 
     the Judiciary of the House of Representatives.
       (b) Assessment Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall--
       (1) complete an assessment to identify the role of foreign 
     groups, including entities, adversaries, governments, or 
     other groups, in domestic violent extremist activities in the 
     United States; and
       (2) submit to the appropriate committees of Congress the 
     findings of the Director with respect to the assessment 
     completed under paragraph (1).
       (c) Form.--The findings submitted under subsection (b)(2) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 343. REPORT ON THE ASSESSMENT OF ALL-SOURCE CYBER 
                   INTELLIGENCE INFORMATION, WITH AN EMPHASIS ON 
                   SUPPLY CHAIN RISKS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on the potential to strengthen all-source 
     intelligence integration relating to foreign cyber threats, 
     with an emphasis on cyber supply chain risks.
       (b) Contents.--The report required under subsection (a) 
     shall include the following:
       (1) An assessment of the effectiveness of the all-source 
     cyber intelligence integration capabilities of the Office of 
     the Director of National Intelligence and recommendations for 
     such changes as the Director considers necessary to 
     strengthen those capabilities.
       (2) An assessment of the effectiveness of the Office of the 
     Director of National Intelligence in analyzing and reporting 
     on cyber

[[Page S7960]]

     supply chain risks, including efforts undertaken by the 
     National Counterintelligence and Security Center.
       (3) Mitigation plans for any gaps or deficiencies 
     identified in the assessments included under paragraphs (1) 
     and (2).

     SEC. 344. REVIEW OF NATIONAL SECURITY AGENCY AND UNITED 
                   STATES CYBER COMMAND.

       (a) Review Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Intelligence Community, the Inspector General of the 
     National Security Agency, and the Inspector General of the 
     Department of Defense shall jointly complete a review of the 
     National Security Agency and the United States Cyber Command.
       (b) Elements.--The review required by subsection (a) shall 
     include assessment of the following:
       (1) Whether resources, authorities, activities, missions, 
     facilities, and personnel are appropriately being delineated 
     and used to conduct the intelligence and cybersecurity 
     missions at the National Security Agency as well as the cyber 
     offense and defense missions of United States Cyber Command.
       (2) The extent to which current resource-sharing 
     arrangements between the National Security Agency and United 
     States Cyber Command lead to conflicts of interest in 
     directing intelligence collection in support of United States 
     Cyber Command missions rather than foreign intelligence 
     collection.
       (3) The intelligence analysis and production conducted by 
     United States Cyber Command using National Security Agency 
     authorities, with a focus on analytic integrity and 
     intelligence oversight to ensure proper analysis is informing 
     mission operations.
       (c) Report and Brief.--Not later than 180 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Intelligence Community and the Inspector General of the 
     Department of Defense shall jointly submit to the 
     congressional intelligence committees and the congressional 
     defense committees (as defined in section 101(a) of title 10, 
     United States Code) a report and provide such committees a 
     briefing on the findings of the inspectors general with 
     respect to the review completed under subsection (a).

     SEC. 345. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL 
                   PHENOMENA TASK FORCE.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' includes:
       (A) The congressional intelligence committees.
       (B) The Committee on Armed Services of the Senate.
       (C) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (D) The Committee on Armed Services of the House of 
     Representatives.
       (E) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (F) The Committee on Science, Space, and Technology of the 
     House of Representatives.
       (2) Unidentified aerial phenomena task force.--The term 
     ``Unidentified Aerial Phenomena Task Force'' means the task 
     force established by the Department of Defense on August 4, 
     2020, to be led by the Department of the Navy, under the 
     Office of the Under Secretary of Defense for Intelligence and 
     Security.
       (b) Availability of Data on Unidentified Aerial 
     Phenomena.--The Director of National Intelligence and the 
     Secretary of Defense shall each, in coordination with each 
     other, require each element of the intelligence community and 
     the Department of Defense with data relating to unidentified 
     aerial phenomena to make such data available immediately to 
     the Unidentified Aerial Phenomena Task Force and to the 
     National Air and Space Intelligence Center.
       (c) Quarterly Reports to Congress.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act and not less frequently than 
     quarterly thereafter, the Unidentified Aerial Phenomena Task 
     Force, or such other entity as the Deputy Secretary of 
     Defense may designate to be responsible for matters relating 
     to unidentified aerial phenomena, shall submit to the 
     appropriate committees of Congress quarterly reports on the 
     findings of the Unidentified Aerial Phenomena Task Force, or 
     such other designated entity as the case may be.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include, at a minimum, the following:
       (A) All reported unidentified aerial phenomena-related 
     events that occurred during the previous 90 days.
       (B) All reported unidentified aerial phenomena-related 
     events that occurred during a time period other than the 
     previous 90 days but were not included in an earlier report.
       (3) Form.--Each report submitted under paragraph (1) shall 
     be submitted in classified form.

     SEC. 346. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS 
                   ON INTELLIGENCE COMMUNITY PARTICIPATION IN 
                   VULNERABILITIES EQUITIES PROCESS.

       Section 6720(c) of the National Defense Authorization Act 
     for Fiscal Year 2020 (50 U.S.C. 3316a(c)) is amended by 
     adding at the end the following:
       ``(4) Publication.--The Director of National Intelligence 
     shall make available to the public each unclassified appendix 
     submitted with a report under paragraph (1) pursuant to 
     paragraph (2).''.

     SEC. 347. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF 
                   FOREIGN MALIGN INFLUENCE CENTER.

       (a) Assessment and Report Required.--Not later than one 
     year after the date of the enactment of this Act, the 
     Director of National Intelligence shall--
       (1) conduct an assessment as to the future structure and 
     responsibilities of the Foreign Malign Influence Center; and
       (2) submit to the congressional intelligence committees a 
     report on the findings of the Director with respect to the 
     assessment conducted under paragraph (1).
       (b) Elements.--The assessment conducted under subsection 
     (a)(1) shall include an assessment of whether--
       (1) the Director of the Foreign Malign Influence Center 
     should continue to report directly to the Director of 
     National Intelligence; or
       (2) the Foreign Malign Influence Center should become an 
     element of the National Counterintelligence and Security 
     Center and the Director of the Foreign Malign Influence 
     Center should report to the Director of the National 
     Counterintelligence and Security Center.

                 Subtitle D--People's Republic of China

     SEC. 351. ASSESSMENT OF POSTURE AND CAPABILITIES OF 
                   INTELLIGENCE COMMUNITY WITH RESPECT TO ACTIONS 
                   OF THE PEOPLE'S REPUBLIC OF CHINA TARGETING 
                   TAIWAN.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (b) Assessment Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence and the Director of the Central Intelligence 
     Agency shall jointly--
       (1) complete an assessment to identify whether the posture 
     and capabilities of the intelligence community are adequate 
     to provide--
       (A) sufficient indications and warnings regarding actions 
     of the People's Republic of China targeting Taiwan; and
       (B) policymakers with sufficient lead time to respond to 
     actions described in subparagraph (A); and
       (2) submit to the appropriate committees of Congress the 
     findings of the assessment completed under paragraph (1).
       (c) Form.--The findings submitted under subsection (b)(2) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 352. PLAN TO COOPERATE WITH INTELLIGENCE AGENCIES OF KEY 
                   DEMOCRATIC COUNTRIES REGARDING TECHNOLOGICAL 
                   COMPETITION WITH PEOPLE'S REPUBLIC OF CHINA.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (3) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (b) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a plan to increase cooperation with the intelligence 
     agencies of key democratic countries and key partners and 
     allies of the United States in order to track and analyze the 
     following:
       (1) Technology capabilities and gaps among allied and 
     partner countries of the United States.
       (2) Current capabilities of the People's Republic of China 
     in critical technologies and components.
       (3) The efforts of the People's Republic of China to buy 
     startups, conduct joint ventures, and invest in specific 
     technologies globally.
       (4) The technology development of the People's Republic of 
     China in key technology sectors.
       (5) The efforts of the People's Republic of China relating 
     to standard-setting forums.
       (6) Supply chain vulnerabilities for key technology 
     sectors.

     SEC. 353. ASSESSMENT OF PEOPLE'S REPUBLIC OF CHINA GENOMIC 
                   COLLECTION.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Health, Education, Labor, and Pensions, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Foreign Relations of the Senate; and

[[Page S7961]]

       (3) the Committee on Armed Services, the Committee on 
     Homeland Security, the Committee on Labor and Education, the 
     Committee on Financial Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Assessment Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, in consultation with other appropriate Federal 
     Government entities, shall submit to the appropriate 
     committees of Congress an assessment of the People's Republic 
     of China's plans, intentions, capabilities, and resources 
     devoted to biotechnology, and the objectives underlying those 
     activities. The assessment shall include--
       (1) a detailed analysis of efforts undertaken by the 
     People's Republic of China (PRC) to acquire foreign-origin 
     biotechnology, research and development, and genetic 
     information, including technology owned by United States 
     companies, research by United States institutions, and the 
     genetic information of United States citizens;
       (2) identification of PRC-based organizations conducting or 
     directing these efforts, including information about the ties 
     between those organizations and the PRC government, the 
     Chinese Communist Party, or the People's Liberation Army; and
       (3) a detailed analysis of the intelligence community 
     resources devoted to biotechnology, including synthetic 
     biology and genomic-related issues, and a plan to improve 
     understanding of these issues and ensure the intelligence 
     community has the requisite expertise.
       (c) Form.--The assessment required under subsection (b) 
     shall be submitted in unclassified form, but may include a 
     classified annex, if necessary.

     SEC. 354. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS 
                   AND CAMPAIGNS IN THE UNITED STATES BY THE 
                   CHINESE COMMUNIST PARTY.

       Section 1107(b) of the National Security Act of 1947 (50 
     U.S.C. 3237(b)) is amended--
       (1) by redesignating paragraph (9) as paragraph (10); and
       (2) by inserting after paragraph (8) the following:
       ``(9) A listing of all known Chinese talent recruitment 
     programs operating in the United States as of the date of the 
     report.''.

     SEC. 355. REPORT ON INFLUENCE OF PEOPLE'S REPUBLIC OF CHINA 
                   THROUGH BELT AND ROAD INITIATIVE PROJECTS WITH 
                   OTHER COUNTRIES.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report on recent projects negotiated by the 
     People's Republic of China with other countries as part of 
     the Belt and Road Initiative of the People's Republic of 
     China. Such report shall include information about the types 
     of such projects, costs of such projects, and the potential 
     national security implications of such projects.
       (c) Form.--The report submitted under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 356. STUDY ON THE CREATION OF AN OFFICIAL DIGITAL 
                   CURRENCY BY THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the Committee on 
     Appropriations of the Senate; and
       (3) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (b) In General.--Not later than one year after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report on the short-, 
     medium-, and long-term national security risks associated 
     with the creation and use of the official digital renminbi of 
     the People's Republic of China, including--
       (1) risks arising from potential surveillance of 
     transactions;
       (2) risks related to security and illicit finance; and
       (3) risks related to economic coercion and social control 
     by the People's Republic of China.
       (c) Form of Report.--The report required by subsection (b) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 357. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO 
                   ERODE FREEDOM AND AUTONOMY IN HONG KONG.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (3) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report on efforts of the Chinese Communist Party 
     to stifle political freedoms in Hong Kong, influence or 
     manipulate the judiciary of Hong Kong, destroy freedom of the 
     press and speech in Hong Kong, and take actions to otherwise 
     undermine the democratic processes of Hong Kong.
       (c) Contents.--The report submitted under subsection (b) 
     shall include an assessment of the implications of the 
     efforts of the Chinese Communist Party described in such 
     subsection for international business, investors, academic 
     institutions, and other individuals operating in Hong Kong.
       (d) Form.--The report submitted under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 358. REPORT ON TARGETING OF RENEWABLE SECTORS BY CHINA.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report assessing the efforts and advancements of 
     China in the wind power, solar power, and electric vehicle 
     battery production sectors (or key components of such 
     sectors).
       (c) Contents.--The report submitted under subsection (b) 
     shall include the following:
       (1) An assessment of how China is targeting rare earth 
     minerals and the effect of such targeting on the sectors 
     described in subsection (b).
       (2) Details of the use by the Chinese Communist Party of 
     state-sanctioned forced labor schemes, including forced labor 
     and the transfer of Uyghurs and other ethnic groups, and 
     other human rights abuses in such sectors.
       (d) Form.--The report submitted under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

                  TITLE IV--ANOMALOUS HEALTH INCIDENTS

     SEC. 401. DEFINITION OF ANOMALOUS HEALTH INCIDENT.

       In this title, the term ``anomalous health incident'' means 
     an unexplained health event characterized by any of a 
     collection of symptoms and clinical signs that includes the 
     sudden onset of perceived loud sound, a sensation of intense 
     pressure or vibration in the head, possibly with a 
     directional character, followed by the onset of tinnitus, 
     hearing loss, acute disequilibrium, unsteady gait, visual 
     disturbances, and ensuing cognitive dysfunction.

     SEC. 402. ASSESSMENT AND REPORT ON INTERAGENCY COMMUNICATION 
                   RELATING TO EFFORTS TO ADDRESS ANOMALOUS HEALTH 
                   INCIDENTS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) Assessment and Report Required.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Director of National Intelligence shall--
       (1) conduct an assessment of how the various elements of 
     the intelligence community are coordinating or collaborating 
     with each other and with elements of the Federal Government 
     that are not part of the intelligence community in their 
     efforts to address anomalous health incidents; and
       (2) submit to the appropriate committees of Congress a 
     report on the findings of the Director with respect to the 
     assessment conducted under paragraph (1).
       (c) Form.--The report submitted pursuant to subsection 
     (b)(2) shall be submitted in unclassified form, but may 
     include a classified annex.

     SEC. 403. ADVISORY PANEL ON THE OFFICE OF MEDICAL SERVICES OF 
                   THE CENTRAL INTELLIGENCE AGENCY.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall establish, under the sponsorship of such 
     entities as the Director considers appropriate, an advisory 
     panel to assess the capabilities, expertise, and 
     qualifications of the Office of Medical Services of the 
     Central Intelligence Agency in relation to the care and 
     health management of personnel of the intelligence community 
     who are reporting symptoms consistent with anomalous health 
     incidents.
       (b) Membership.--

[[Page S7962]]

       (1) In general.--The advisory panel shall be composed of at 
     least 9 individuals selected by the Director of National 
     Intelligence from among individuals who are recognized 
     experts in the medical profession and intelligence community.
       (2) Diversity.--In making appointments to the advisory 
     panel, the Director shall ensure that the members of the 
     panel reflect diverse experiences in the public and private 
     sectors.
       (c) Duties.--The duties of the advisory panel established 
     under subsection (a) are as follows:
       (1) To review the performance of the Office of Medical 
     Services of the Central Intelligence Agency, specifically as 
     it relates to the medical care of personnel of the 
     intelligence community who are reporting symptoms consistent 
     with anomalous health incidents during the period beginning 
     on January 1, 2016, and ending on December 31, 2021.
       (2) To assess the policies and procedures that guided 
     external treatment referral practices for Office of Medical 
     Services patients who reported symptoms consistent with 
     anomalous health incidents during the period described in 
     paragraph (1).
       (3) To develop recommendations regarding capabilities, 
     processes, and policies to improve patient treatment by the 
     Office of Medical Services with regard to anomalous health 
     incidents, including with respect to access to external 
     treatment facilities and specialized medical care.
       (4) To prepare and submit a report as required by 
     subsection (e)(1).
       (d) Administrative Matters.--
       (1) In general.--The Director of the Central Intelligence 
     Agency shall provide the advisory panel established pursuant 
     to subsection (a) with timely access to appropriate 
     information, data, resources, and analysis so that the 
     advisory panel may carry out the duties of the advisory panel 
     under subsection (c).
       (2) Inapplicability of faca.--The requirements of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory panel established pursuant to 
     subsection (a).
       (e) Reports.--
       (1) Final report.--Not later than 1 year after the date on 
     which the Director of National Intelligence establishes the 
     advisory panel pursuant to subsection (a), the advisory panel 
     shall submit to the Director of National Intelligence, the 
     Director of the Central Intelligence Agency, and the 
     congressional intelligence committees a final report on the 
     activities of the advisory panel under this section.
       (2) Elements.--The final report submitted under paragraph 
     (1) shall contain a detailed statement of the findings and 
     conclusions of the panel, including--
       (A) a history of anomalous health incidents; and
       (B) such additional recommendations for legislation or 
     administrative action as the advisory panel considers 
     appropriate.
       (3) Interim report or briefing.--Not later than 180 days 
     after the date of the enactment of this Act, the Director of 
     National Intelligence shall submit to the congressional 
     intelligence committees a report or provide such committees a 
     briefing on the interim findings of the advisory panel with 
     respect to the elements set forth in paragraph (2).
       (4) Comments of the director of national intelligence.--Not 
     later than 30 days after receiving the final report of the 
     advisory panel under paragraph (1), the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees such comments as the Director may have with 
     respect to such report.

     SEC. 404. JOINT TASK FORCE TO INVESTIGATE ANOMALOUS HEALTH 
                   INCIDENTS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on the Judiciary, and the 
     Committee on Appropriations of the Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on the Judiciary, and the 
     Committee on Appropriations of the House of Representatives.
       (b) Joint Task Force Required.--The Director of National 
     Intelligence and the Director of the Federal Bureau of 
     Investigation shall jointly establish a task force to 
     investigate anomalous health incidents.
       (c) Consultation.--In carrying out an investigation under 
     subsection (b), the task force established under such 
     subsection shall consult with the Secretary of Defense.
       (d) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the task force established under 
     subsection (b) shall complete the investigation required by 
     such subsection and submit to the appropriate committees of 
     Congress a written report on the findings of the task force 
     with respect to such investigation.
       (2) Form.--The report submitted pursuant to paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 405. REPORTING ON OCCURRENCE OF ANOMALOUS HEALTH 
                   INCIDENTS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Appropriations of the Senate; and
       (3) the Committee on Appropriations of the House of 
     Representatives.
       (b) In General.--Whenever the head of an element of the 
     intelligence community becomes aware of a report of an 
     anomalous health incident occurring among the employees or 
     contractors of the element, the head of the element shall 
     submit to the appropriate committees of Congress a brief 
     report on the reported incident.

     SEC. 406. ACCESS TO CERTAIN FACILITIES OF UNITED STATES 
                   GOVERNMENT FOR ASSESSMENT OF ANOMALOUS HEALTH 
                   CONDITIONS.

       (a) Assessment.--The Director of National Intelligence 
     shall ensure that elements of the intelligence community 
     provide to employees of elements of the intelligence 
     community and their family members who are experiencing 
     symptoms of anomalous health conditions timely access for 
     medical assessment to facilities of the United States 
     Government with expertise in traumatic brain injury.
       (b) Process for Assessment and Treatment.--The Director of 
     National Intelligence shall coordinate with the Secretary of 
     Defense and the heads of such Federal agencies as the 
     Director considers appropriate to ensure there is a process 
     to provide employees and their family members described in 
     subsection (a) with timely access to the National Intrepid 
     Center of Excellence, an Intrepid Spirit Center, or an 
     appropriate military medical treatment facility for 
     assessment and, if necessary, treatment, by not later than 60 
     days after the date of the enactment of this Act.

           TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE

     SEC. 501. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN 
                   SECURITY CLEARANCE PROCEDURES, AND RIGHT TO 
                   APPEAL.

       (a) Exclusivity of Procedures.--Section 801 of the National 
     Security Act of 1947 (50 U.S.C. 3161) is amended by adding at 
     the end the following:
       ``(c) Exclusivity.--Except as provided in subsection (b) 
     and subject to sections 801A and 801B, the procedures 
     established pursuant to subsection (a) and promulgated and 
     set forth under part 2001 of title 32, Code of Federal 
     Regulations, or successor regulations, shall be the exclusive 
     procedures by which decisions about eligibility for access to 
     classified information are governed.''.
       (b) Transparency.--Such section is further amended by 
     adding at the end the following:
       ``(d) Publication.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the President shall--
       ``(A) publish in the Federal Register the procedures 
     established pursuant to subsection (a); or
       ``(B) submit to Congress a certification that the 
     procedures currently in effect that govern access to 
     classified information as described in subsection (a)--
       ``(i) are published in the Federal Register; and
       ``(ii) comply with the requirements of subsection (a).
       ``(2) Updates.--Whenever the President makes a revision to 
     a procedure established pursuant to subsection (a), the 
     President shall publish such revision in the Federal Register 
     not later than 30 days before the date on which the revision 
     becomes effective.''.
       (c) Consistency.--
       (1) In general.--Title VIII of the National Security Act of 
     1947 (50 U.S.C. 3161 et seq.) is amended by inserting after 
     section 801 the following:

     ``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED 
                   INFORMATION.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Classified information.--The term `classified 
     information' includes sensitive compartmented information, 
     restricted data, restricted handling information, and other 
     compartmented information.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(b) In General.--Each head of an agency that makes a 
     determination regarding eligibility for access to classified 
     information shall ensure that in making the determination, 
     the head of the agency or any person acting on behalf of the 
     head of the agency--
       ``(1) does not violate any right or protection enshrined in 
     the Constitution of the United States, including rights 
     articulated in the First, Fifth, and Fourteenth Amendments;
       ``(2) does not discriminate for or against an individual on 
     the basis of race, ethnicity, color, religion, sex, national 
     origin, age, or handicap;
       ``(3) is not carrying out--
       ``(A) retaliation for political activities or beliefs; or
       ``(B) a coercion or reprisal described in section 
     2302(b)(3) of title 5, United States Code; and
       ``(4) does not violate section 3001(j)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341(j)(1)).''.

[[Page S7963]]

       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of the National Security Act of 
     1947 (50 U.S.C. 3002) is amended by inserting after the item 
     relating to section 801 the following:

``Sec. 801A. Decisions relating to access to classified information.''.
       (d) Right to Appeal.--
       (1) In general.--Such title, as amended by subsection (c), 
     is further amended by inserting after section 801A the 
     following:

     ``SEC. 801B. RIGHT TO APPEAL.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term `Executive agency' in section 105 of title 5, United 
     States Code.
       ``(2) Covered person.--The term `covered person' means a 
     person, other than the President and Vice President, 
     currently or formerly employed in, detailed to, assigned to, 
     or issued an authorized conditional offer of employment for a 
     position that requires access to classified information by an 
     agency, including the following:
       ``(A) A member of the Armed Forces.
       ``(B) A civilian.
       ``(C) An expert or consultant with a contractual or 
     personnel obligation to an agency.
       ``(D) Any other category of person who acts for or on 
     behalf of an agency as determined by the head of the agency.
       ``(3) Eligibility for access to classified information.--
     The term `eligibility for access to classified information' 
     has the meaning given such term in the procedures established 
     pursuant to section 801(a).
       ``(4) Need for access.--The term `need for access' has such 
     meaning as the President may define in the procedures 
     established pursuant to section 801(a).
       ``(5) Reciprocity of clearance.--The term `reciprocity of 
     clearance', with respect to a denial by an agency, means that 
     the agency, with respect to a covered person--
       ``(A) failed to accept a security clearance background 
     investigation as required by paragraph (1) of section 3001(d) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (50 U.S.C. 3341(d));
       ``(B) failed to accept a transferred security clearance 
     background investigation required by paragraph (2) of such 
     section;
       ``(C) subjected the covered person to an additional 
     investigative or adjudicative requirement in violation of 
     paragraph (3) of such section; or
       ``(D) conducted an investigation in violation of paragraph 
     (4) of such section.
       ``(6) Security executive agent.--The term `Security 
     Executive Agent' means the officer serving as the Security 
     Executive Agent pursuant to section 803.
       ``(b) Agency Review.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2022, each head of an agency shall, consistent 
     with the interests of national security, establish and 
     publish in the Federal Register a process by which a covered 
     person to whom eligibility for access to classified 
     information was denied or revoked by the agency or for whom 
     reciprocity of clearance was denied by the agency can appeal 
     that denial or revocation within the agency.
       ``(2) Elements.--The process required by paragraph (1) 
     shall include the following:
       ``(A) In the case of a covered person to whom eligibility 
     for access to classified information or reciprocity of 
     clearance is denied or revoked by an agency, the following:
       ``(i) The head of the agency shall provide the covered 
     person with a written--

       ``(I) detailed explanation of the basis for the denial or 
     revocation as the head of the agency determines is consistent 
     with the interests of national security and as permitted by 
     other applicable provisions of law; and
       ``(II) notice of the right of the covered person to a 
     hearing and appeal under this subsection.

       ``(ii) Not later than 30 days after receiving a request 
     from the covered person for copies of the documents that 
     formed the basis of the agency's decision to revoke or deny, 
     including the investigative file, the head of the agency 
     shall provide to the covered person copies of such documents 
     as--

       ``(I) the head of the agency determines is consistent with 
     the interests of national security; and
       ``(II) permitted by other applicable provisions of law, 
     including--

       ``(aa) section 552 of title 5, United States Code (commonly 
     known as the `Freedom of Information Act');
       ``(bb) section 552a of such title (commonly known as the 
     `Privacy Act of 1974'); and
       ``(cc) such other provisions of law relating to the 
     protection of confidential sources and privacy of 
     individuals.
       ``(iii)(I) The covered person shall have the opportunity to 
     retain counsel or other representation at the covered 
     person's expense.
       ``(II) Upon the request of the covered person, and a 
     showing that the ability to review classified information is 
     essential to the resolution of an appeal under this 
     subsection, counsel or other representation retained under 
     this clause shall be considered for access to classified 
     information for the limited purposes of such appeal.
       ``(iv)(I) The head of the agency shall provide the covered 
     person an opportunity, at a point in the process determined 
     by the agency head--

       ``(aa) to appear personally before an adjudicative or other 
     authority, other than the investigating entity, and to 
     present to such authority relevant documents, materials, and 
     information, including evidence that past problems relating 
     to the denial or revocation have been overcome or 
     sufficiently mitigated; and
       ``(bb) to call and cross-examine witnesses before such 
     authority, unless the head of the agency determines that 
     calling and cross-examining witnesses is not consistent with 
     the interests of national security.

       ``(II) The head of the agency shall make, as part of the 
     security record of the covered person, a written summary, 
     transcript, or recording of any appearance under item (aa) of 
     subclause (I) or of any calling or cross-examining of 
     witnesses under item (bb) of such subclause.
       ``(v) On or before the date that is 30 days after the date 
     on which the covered person receives copies of documents 
     under clause (ii), the covered person may request a hearing 
     of the decision to deny or revoke by filing a written appeal 
     with the head of the agency.
       ``(B) A requirement that each review of a decision under 
     this subsection is completed on average not later than 180 
     days after the date on which a hearing is requested under 
     subparagraph (A)(v).
       ``(3) Agency review panels.--
       ``(A) In general.--Each head of an agency shall establish a 
     panel to hear and review appeals under this subsection.
       ``(B) Membership.--
       ``(i) Composition.--Each panel established by the head of 
     an agency under subparagraph (A) shall be composed of at 
     least 3 employees of the agency selected by the agency head, 
     two of whom shall not be members of the security field.
       ``(ii) Terms.--A term of service on a panel established by 
     the head of an agency under subparagraph (A) shall not exceed 
     2 years.
       ``(C) Decisions.--
       ``(i) Written.--Each decision of a panel established under 
     subparagraph (A) shall be in writing and contain a 
     justification of the decision.
       ``(ii) Consistency.--Each head of an agency that 
     establishes a panel under subparagraph (A) shall ensure that 
     each decision of the panel is consistent with the interests 
     of national security and applicable provisions of law.
       ``(iii) Overturn.--The head of an agency may overturn a 
     decision of the panel if, not later than 30 days after the 
     date on which the panel issues the decision, the agency head 
     personally exercises the authority granted by this clause to 
     overturn such decision.
       ``(iv) Finality.--Each decision of a panel established 
     under subparagraph (A) or overturned pursuant to clause (iii) 
     of this subparagraph shall be final but subject to appeal and 
     review under subsection (c).
       ``(D) Access to classified information.--The head of an 
     agency that establishes a panel under subparagraph (A) shall 
     afford access to classified information to the members of the 
     panel as the agency head determines--
       ``(i) necessary for the panel to hear and review an appeal 
     under this subsection; and
       ``(ii) consistent with the interests of national security.
       ``(4) Representation by counsel.--
       ``(A) In general.--Each head of an agency shall ensure 
     that, under this subsection, a covered person appealing a 
     decision of the head's agency under this subsection has an 
     opportunity to retain counsel or other representation at the 
     covered person's expense.
       ``(B) Access to classified information.--
       ``(i) In general.--Upon the request of a covered person 
     appealing a decision of an agency under this subsection and a 
     showing that the ability to review classified information is 
     essential to the resolution of the appeal under this 
     subsection, the head of the agency shall sponsor an 
     application by the counsel or other representation retained 
     under this paragraph for access to classified information for 
     the limited purposes of such appeal.
       ``(ii) Extent of access.--Counsel or another representative 
     who is cleared for access under this subparagraph may be 
     afforded access to relevant classified materials to the 
     extent consistent with the interests of national security.
       ``(5) Corrective action.--If, in the course of proceedings 
     under this subsection, the head of an agency or a panel 
     established by the agency head under paragraph (3) decides 
     that a covered person's eligibility for access to classified 
     information was improperly denied or revoked by the agency, 
     the agency shall take corrective action to return the covered 
     person, as nearly as practicable and reasonable, to the 
     position such covered person would have held had the improper 
     denial or revocation not occurred.
       ``(6) Publication of decisions.--
       ``(A) In general.--Each head of an agency shall publish 
     each final decision on an appeal under this subsection.
       ``(B) Requirements.--In order to ensure transparency, 
     oversight by Congress, and meaningful information for those 
     who need to understand how the clearance process works, each 
     publication under subparagraph (A) shall be--
       ``(i) made in a manner that is consistent with section 552 
     of title 5, United States Code, as amended by the Electronic 
     Freedom of Information Act Amendments of 1996 (Public Law 
     104-231);
       ``(ii) published to explain the facts of the case, 
     redacting personally identifiable information and sensitive 
     program information; and

[[Page S7964]]

       ``(iii) made available on a website that is searchable by 
     members of the public.
       ``(c) Higher Level Review.--
       ``(1) Panel.--
       ``(A) Establishment.--Not later than 180 days after the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2022, the Security Executive Agent shall 
     establish a panel to review decisions made on appeals 
     pursuant to the processes established under subsection (b).
       ``(B) Scope of review and jurisdiction.--After the initial 
     review to verify grounds for appeal, the panel established 
     under subparagraph (A) shall review such decisions only--
       ``(i) as they relate to violations of section 801A(b); or
       ``(ii) to the extent to which an agency properly conducted 
     a review of an appeal under subsection (b).
       ``(C) Composition.--The panel established pursuant to 
     subparagraph (A) shall be composed of three individuals 
     selected by the Security Executive Agent for purposes of the 
     panel, of whom at least one shall be an attorney.
       ``(2) Appeals and timeliness.--
       ``(A) Appeals.--
       ``(i) Initiation.--On or before the date that is 30 days 
     after the date on which a covered person receives a written 
     decision on an appeal under subsection (b), the covered 
     person may initiate oversight of that decision by filing a 
     written appeal with the Security Executive Agent.
       ``(ii) Filing.--A written appeal filed under clause (i) 
     relating to a decision of an agency shall be filed in such 
     form, in such manner, and containing such information as the 
     Security Executive Agent may require, including--

       ``(I) a description of--

       ``(aa) any alleged violations of section 801A(b) relating 
     to the denial or revocation of the covered person's 
     eligibility for access to classified information; and
       ``(bb) any allegations of how the decision may have been 
     the result of the agency failing to properly conduct a review 
     under subsection (b); and

       ``(II) supporting materials and information for the 
     allegations described under subclause (I).

       ``(B) Timeliness.--The Security Executive Agent shall 
     ensure that, on average, review of each appeal filed under 
     this subsection is completed not later than 180 days after 
     the date on which the appeal is filed.
       ``(3) Decisions and remands.--
       ``(A) In general.--If, in the course of reviewing under 
     this subsection a decision of an agency under subsection (b), 
     the panel established under paragraph (1) decides that there 
     is sufficient evidence of a violation of section 801A(b) to 
     merit a new hearing or decides that the decision of the 
     agency was the result of an improperly conducted review under 
     subsection (b), the panel shall vacate the decision made 
     under subsection (b) and remand to the agency by which the 
     covered person shall be eligible for a new appeal under 
     subsection (b).
       ``(B) Written decisions.--Each decision of the panel 
     established under paragraph (1) shall be in writing and 
     contain a justification of the decision.
       ``(C) Consistency.--The panel under paragraph (1) shall 
     ensure that each decision of the panel is consistent with the 
     interests of national security and applicable provisions of 
     law.
       ``(D) Finality.--
       ``(i) In general.--Except as provided in clause (ii), each 
     decision of the panel established under paragraph (1) shall 
     be final.
       ``(ii) Overturn.--The Security Executive Agent may overturn 
     a decision of the panel if, not later than 30 days after the 
     date on which the panel issues the decision, the Security 
     Executive Agent personally exercises the authority granted by 
     this clause to overturn such decision.
       ``(E) Nature of remands.--In remanding a decision under 
     subparagraph (A), the panel established under paragraph (1) 
     may not direct the outcome of any further appeal under 
     subsection (b).
       ``(F) Notice of decisions.--For each decision of the panel 
     established under paragraph (1) regarding a covered person, 
     the Security Executive Agent shall provide the covered person 
     with a written notice of the decision that includes a 
     detailed description of the reasons for the decision, 
     consistent with the interests of national security and 
     applicable provisions of law.
       ``(4) Representation by counsel.--
       ``(A) In general.--The Security Executive Agent shall 
     ensure that, under this subsection, a covered person 
     appealing a decision under subsection (b) has an opportunity 
     to retain counsel or other representation at the covered 
     person's expense.
       ``(B) Access to classified information.--
       ``(i) In general.--Upon the request of the covered person 
     and a showing that the ability to review classified 
     information is essential to the resolution of an appeal under 
     this subsection, the Security Executive Agent shall sponsor 
     an application by the counsel or other representation 
     retained under this paragraph for access to classified 
     information for the limited purposes of such appeal.
       ``(ii) Extent of access.--Counsel or another representative 
     who is cleared for access under this subparagraph may be 
     afforded access to relevant classified materials to the 
     extent consistent with the interests of national security.
       ``(5) Access to documents and employees.--
       ``(A) Affording access to members of panel.--The Security 
     Executive Agent shall afford access to classified information 
     to the members of the panel established under paragraph 
     (1)(A) as the Security Executive Agent determines--
       ``(i) necessary for the panel to review a decision 
     described in such paragraph; and
       ``(ii) consistent with the interests of national security.
       ``(B) Agency compliance with requests of panel.--Each head 
     of an agency shall comply with each request by the panel for 
     a document and each request by the panel for access to 
     employees of the agency necessary for the review of an appeal 
     under this subsection, to the degree that doing so is, as 
     determined by the head of the agency and permitted by 
     applicable provisions of law, consistent with the interests 
     of national security.
       ``(6) Publication of decisions.--
       ``(A) In general.--For each final decision on an appeal 
     under this subsection, the head of the agency with respect to 
     which the appeal pertains and the Security Executive Agent 
     shall each publish the decision, consistent with the 
     interests of national security.
       ``(B) Requirements.--In order to ensure transparency, 
     oversight by Congress, and meaningful information for those 
     who need to understand how the clearance process works, each 
     publication under subparagraph (A) shall be--
       ``(i) made in a manner that is consistent with section 552 
     of title 5, United States Code, as amended by the Electronic 
     Freedom of Information Act Amendments of 1996 (Public Law 
     104-231);
       ``(ii) published to explain the facts of the case, 
     redacting personally identifiable information and sensitive 
     program information; and
       ``(iii) made available on a website that is searchable by 
     members of the public.
       ``(d) Period of Time for the Right to Appeal.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     covered person who has been the subject of a decision made by 
     the head of an agency to deny or revoke eligibility for 
     access to classified information shall retain all rights to 
     appeal under this section until the conclusion of the appeals 
     process under this section.
       ``(2) Waiver of rights.--
       ``(A) Persons.--Any covered person may voluntarily waive 
     the covered person's right to appeal under this section and 
     such waiver shall be conclusive.
       ``(B) Agencies.--The head of an agency may not require a 
     covered person to waive the covered person's right to appeal 
     under this section for any reason.
       ``(e) Waiver of Availability of Procedures for National 
     Security Interest.--
       ``(1) In general.--If the head of an agency determines that 
     a procedure established under subsection (b) cannot be made 
     available to a covered person in an exceptional case without 
     damaging a national security interest of the United States by 
     revealing classified information, such procedure shall not be 
     made available to such covered person.
       ``(2) Finality.--A determination under paragraph (1) shall 
     be final and conclusive and may not be reviewed by any other 
     official or by any court.
       ``(3) Reporting.--
       ``(A) Case-by-case.--
       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (1) that a procedure 
     established under subsection (b) cannot be made available to 
     a covered person, the agency head shall, not later than 30 
     days after the date on which the agency head makes such 
     determination, submit to the Security Executive Agent and to 
     the congressional intelligence committees a report stating 
     the reasons for the determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (1) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

       ``(I) The number of cases and reasons for determinations 
     made under paragraph (1), disaggregated by agency.
       ``(II) Such other matters as the Security Executive Agent 
     considers appropriate.

       ``(f) Denials and Revocations Under Other Provisions of 
     Law.--
       ``(1) Rule of construction.--Nothing in this section shall 
     be construed to limit or affect the responsibility and power 
     of the head of an agency to deny or revoke eligibility for 
     access to classified information or to deny reciprocity of 
     clearance in the interest of national security.
       ``(2) Denials and revocation.--The power and responsibility 
     to deny or revoke eligibility for access to classified 
     information or to deny reciprocity of clearance pursuant to 
     any other provision of law or Executive order may be 
     exercised only when the head of an agency determines that an 
     applicable process established under this section cannot be 
     invoked in a manner that is consistent with national 
     security.
       ``(3) Finality.--A determination under paragraph (2) shall 
     be final and conclusive

[[Page S7965]]

     and may not be reviewed by any other official or by any 
     court.
       ``(4) Reporting.--
       ``(A) Case-by-case.--
       ``(i) In general.--In each case in which the head of an 
     agency determines under paragraph (2) that a determination 
     relating to a denial or revocation of eligibility for access 
     to classified information or denial of reciprocity of 
     clearance could not be made pursuant to a process established 
     under this section, the agency head shall, not later than 30 
     days after the date on which the agency head makes such a 
     determination under paragraph (2), submit to the Security 
     Executive Agent and to the congressional intelligence 
     committees a report stating the reasons for the 
     determination.
       ``(ii) Form.--A report submitted under clause (i) may be 
     submitted in classified form as necessary.
       ``(B) Annual reports.--
       ``(i) In general.--Not less frequently than once each 
     fiscal year, the Security Executive Agent shall submit to the 
     congressional intelligence committees a report on the 
     determinations made under paragraph (2) during the previous 
     fiscal year.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include, for the period covered by the report, the 
     following:

       ``(I) The number of cases and reasons for determinations 
     made under paragraph (2), disaggregated by agency.
       ``(II) Such other matters as the Security Executive Agent 
     considers appropriate.

       ``(g) Relationship to Suitability.--No person may use a 
     determination of suitability under part 731 of title 5, Code 
     of Federal Regulations, or successor regulation, for the 
     purpose of denying a covered person the review proceedings of 
     this section where there has been a denial or revocation of 
     eligibility for access to classified information or a denial 
     of reciprocity of clearance.
       ``(h) Preservation of Roles and Responsibilities Under 
     Executive Order 10865 and of the Defense Office of Hearings 
     and Appeals.--Nothing in this section shall be construed to 
     diminish or otherwise affect the procedures in effect on the 
     day before the date of the enactment of this Act for denial 
     and revocation procedures provided to individuals by 
     Executive Order 10865 (50 U.S.C. 3161 note; relating to 
     safeguarding classified information within industry), or 
     successor order, including those administered through the 
     Defense Office of Hearings and Appeals of the Department of 
     Defense under Department of Defense Directive 5220.6, or 
     successor directive.
       ``(i) Rule of Construction Relating to Certain Other 
     Provisions of Law.--This section and the processes and 
     procedures established under this section shall not be 
     construed to apply to paragraphs (6) and (7) of section 
     3001(j) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (50 U.S.C. 3341(j)).''.
       (2) Clerical amendment.--The table of contents in the 
     matter preceding section 2 of the National Security Act of 
     1947 (50 U.S.C. 3002), as amended by subsection (c), is 
     further amended by inserting after the item relating to 
     section 801A the following:

``Sec. 801B. Right to appeal.''.

     SEC. 502. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION 
                   PERTAINING TO CONTRACTOR EMPLOYEES IN THE 
                   TRUSTED WORKFORCE.

       (a) Policy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Security Executive 
     Agent, in coordination with the principal members of the 
     Performance Accountability Council and the Attorney General, 
     shall issue a policy for the Federal Government on sharing of 
     derogatory information pertaining to contractor employees 
     engaged by the Federal Government.
       (b) Consent Requirement.--
       (1) In general.--The policy issued under subsection (a) 
     shall require, as a condition of accepting a security 
     clearance with the Federal Government, that a contractor 
     employee provide prior written consent for the Federal 
     Government to share covered derogatory information with the 
     chief security officer of the contractor employer that 
     employs the contractor employee.
       (2) Covered derogatory information.--For purposes of this 
     section, covered derogatory information--
       (A) is information that--
       (i) contravenes National Security Adjudicative Guidelines 
     as specified in Security Executive Agent Directive 4 
     (appendix A to part 710 of title 10, Code of Federal 
     Regulations), or any successor Federal policy;
       (ii) a Federal Government agency certifies is accurate and 
     reliable;
       (iii) is relevant to a contractor's ability to protect 
     against insider threats as required by section 1-202 of the 
     National Industrial Security Program Operating Manual 
     (NISPOM), or successor manual; and
       (iv) may have a bearing on the contractor employee's 
     suitability for a position of public trust or to receive 
     credentials to access certain facilities of the Federal 
     Government; and
       (B) shall include any negative information considered in 
     the adjudicative process, including information provided by 
     the contractor employee on forms submitted for the processing 
     of the contractor employee's security clearance.
       (c) Elements.--The policy issued under subsection (a) 
     shall--
       (1) require Federal agencies, except under exceptional 
     circumstances specified by the Security Executive Agent, to 
     share with the contractor employer of a contractor employee 
     engaged with the Federal Government the existence of 
     potentially derogatory information and which National 
     Security Adjudicative Guideline it falls under, with the 
     exception that the Security Executive Agent may waive such 
     requirement in circumstances the Security Executive Agent 
     considers extraordinary;
       (2) require that covered derogatory information shared with 
     a contractor employer as described in subsection (b)(1) be 
     used by the contractor employer exclusively for risk 
     mitigation purposes under section 1-202 of the National 
     Industrial Security Program Operating Manual, or successor 
     manual;
       (3) require Federal agencies to share any mitigation 
     measures in place to address the derogatory information;
       (4) establish standards for timeliness for sharing the 
     derogatory information;
       (5) specify the methods by which covered derogatory 
     information will be shared with the contractor employer of 
     the contractor employee;
       (6) allow the contractor employee, within a specified 
     timeframe, the right--
       (A) to contest the accuracy and reliability of covered 
     derogatory information;
       (B) to address or remedy any concerns raised by the covered 
     derogatory information; and
       (C) to provide documentation pertinent to subparagraph (A) 
     or (B) for an agency to place in relevant security clearance 
     databases;
       (7) establish a procedure by which the contractor employer 
     of the contractor employee may consult with the Federal 
     Government prior to taking any remedial action under section 
     1-202 of the National Industrial Security Program Operating 
     Manual, or successor manual, to address the derogatory 
     information the Federal agency has provided;
       (8) stipulate that the chief security officer of the 
     contractor employer is prohibited from sharing or discussing 
     covered derogatory information with other parties, including 
     nonsecurity professionals at the contractor employer; and
       (9) require companies in the National Industrial Security 
     Program to comply with the policy.
       (d) Consideration of Lessons Learned From Information-
     sharing Program for Positions of Trust and Security 
     Clearances.--In developing the policy issued under subsection 
     (a), the Director shall consider, to the extent available, 
     lessons learned from actions taken to carry out section 
     6611(f) of the National Defense Authorization Act for Fiscal 
     Year 2020 (50 U.S.C. 3352f(f)).

     SEC. 503. PERFORMANCE MEASURES REGARDING TIMELINESS FOR 
                   PERSONNEL MOBILITY.

       (a) Policy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall issue a policy for measuring the total 
     time it takes to transfer personnel with security clearances 
     and eligibility for access to information commonly referred 
     to as ``sensitive compartmented information'' (SCI) from one 
     Federal agency to another, or from one contract to another in 
     the case of a contractor.
       (b) Requirements.--The policy issued under subsection (a) 
     shall--
       (1) to the degree practicable, cover all personnel who are 
     moving to positions that require a security clearance and 
     access to sensitive compartmented information;
       (2) cover the period from the first time a Federal agency 
     or company submits a request to a Federal agency for the 
     transfer of the employment of an individual with a clearance 
     access or eligibility determination to another Federal 
     agency, to the time the individual is authorized by that 
     receiving agency to start to work in the new position; and
       (3) include analysis of all appropriate phases of the 
     process, including polygraph, suitability determination, 
     fitness determination, human resources review, transfer of 
     the sensitive compartmented information access, and contract 
     actions.
       (c) Updated Policies.--
       (1) Modifications.--Not later than 1 year after the date on 
     which the Director issues the policy under subsection (a), 
     the Director shall issue modifications to such policies as 
     the Director determines were issued before the issuance of 
     the policy under such subsection and are relevant to such 
     updated policy, as the Director considers appropriate.
       (2) Recommendations.--Not later than 1 year after the date 
     on which the Director issues the policy under subsection (a), 
     the Director shall submit to Congress recommendations for 
     legislative action to update metrics specified elsewhere in 
     statute to measure parts of the process that support 
     transfers described in subsection (a).
       (d) Annual Reports.--Not later than 180 days after issuing 
     the policy required by subsection (a) and not less frequently 
     than once each year thereafter until the date that is 3 years 
     after the date of such issuance, the Director shall submit to 
     Congress a report on the implementation of such policy. Such 
     report shall address performance by agency and by clearance 
     type in meeting such policy.

     SEC. 504. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INITIATIVE.

       (a) Governance.--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 
     Deputy Director for

[[Page S7966]]

     Management in the Office of Management and Budget, acting as 
     the director of the Performance Accountability Council, and 
     the Under Secretary of Defense for Intelligence and Security 
     shall jointly--
       (1) not later than 180 days after the date of the enactment 
     of this Act, publish in the Federal Register a policy with 
     guidelines and standards for Federal Government agencies and 
     industry partners to implement the Trusted Workforce 2.0 
     initiative;
       (2) not later than 2 years after the date of the enactment 
     of this Act and not less frequently than once every 6 months 
     thereafter, submit to Congress a report on the timing, 
     delivery, and adoption of Federal Government agencies' 
     policies, products, and services to implement the Trusted 
     Workforce 2.0 initiative, including those associated with the 
     National Background Investigation Service; and
       (3) not later than 90 days after the date of the enactment 
     of this Act, submit to Congress performance management 
     metrics for the implementation of the Trusted Workforce 2.0 
     initiative, including performance metrics regarding 
     timeliness, cost, and measures of effectiveness.
       (b) Independent Study on Trusted Workforce 2.0.--
       (1) Study required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall enter into an agreement with an entity 
     that is not part of the Federal Government to conduct a study 
     on the effectiveness of the initiatives of the Federal 
     Government known as Trusted Workforce 1.25, 1.5, and 2.0.
       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) An assessment of how effective such initiatives are or 
     will be in determining who should or should not have access 
     to classified information.
       (B) A comparison of the effectiveness of such initiatives 
     with the system of periodic reinvestigations that was in 
     effect on the day before the date of the enactment of this 
     Act.
       (C) Identification of what is lost from the suspension of 
     universal periodic reinvestigations in favor of a system of 
     continuous vetting.
       (D) An assessment of the relative effectiveness of Trusted 
     Workforce 1.25, Trusted Workforce 1.5, and Trusted Workforce 
     2.0.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director shall submit a report on 
     the findings from the study conducted under paragraph (1) to 
     the following:
       (A) The congressional intelligence committees.
       (B) The Committee on Armed Services of the Senate.
       (C) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (D) The Committee on Armed Services of the House of 
     Representatives.
       (E) The Committee on Oversight and Reform of the House of 
     Representatives.

                  TITLE VI--OTHER INTELLIGENCE MATTERS

     SEC. 601. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND 
                   CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.

       Paragraph (4) of section 1061(h) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is 
     amended to read as follows:
       ``(4) Term.--
       ``(A) Commencement.--Each member of the Board shall serve a 
     term of 6 years, commencing on the date of the appointment of 
     the member to the Board.
       ``(B) Reappointment.--A member may be reappointed to one or 
     more additional terms.
       ``(C) Vacancy.--A vacancy in the Board shall be filled in 
     the manner in which the original appointment was made.
       ``(D) Extension.--Upon the expiration of the term of office 
     of a member, the member may continue to serve, at the 
     election of the member--
       ``(i) during the period preceding the reappointment of the 
     member pursuant to subparagraph (B); or
       ``(ii) until the member's successor has been appointed and 
     qualified.''.

     SEC. 602. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF 
                   THE SERGEANTS AT ARMS OF THE SENATE AND THE 
                   HOUSE OF REPRESENTATIVES AND THE UNITED STATES 
                   CAPITOL POLICE.

       (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 Homeland Security and Governmental 
     Affairs, the Committee on Rules and Administration, the 
     Committee on the Judiciary, and the Committee on 
     Appropriations of the Senate; and
       (C) the Committee on Homeland Security, the Committee on 
     House Administration, the Committee on the Judiciary, and the 
     Committee on Appropriations of the House of Representatives.
       (2) Sergeants at arms.--The term ``Sergeants at Arms'' 
     means the Sergeant at Arms and Doorkeeper of the Senate and 
     the Chief Administrative Officer of the House of 
     Representatives.
       (b) Report on Intelligence Support.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence, in coordination with the Director of the 
     Federal Bureau of Investigation and the Secretary of Homeland 
     Security, shall submit to the appropriate committees of 
     Congress a report on intelligence support provided to the 
     Sergeants at Arms and the United States Capitol Police.
       (2) Elements.--The report required by paragraph (1) shall 
     include a description of the following:
       (A) Policies related to the Sergeants at Arms and the 
     United States Capitol Police as customers of intelligence.
       (B) How the intelligence community, the Federal Bureau of 
     Investigation, and the Department of Homeland Security, 
     including the Cybersecurity and Infrastructure Security 
     Agency, are structured, staffed, and resourced to provide 
     intelligence support to the Sergeants at Arms and the United 
     States Capitol Police.
       (C) The classified electronic and telephony 
     interoperability of the intelligence community, the Federal 
     Bureau of Investigation, and the Department of Homeland 
     Security with the Sergeants at Arms and the United States 
     Capitol Police.
       (D) Any expedited security clearances provided for the 
     Sergeants at Arms and the United States Capitol Police.
       (E) Counterterrorism intelligence and other intelligence 
     relevant to the physical security of Congress that are 
     provided to the Sergeants at Arms and the United States 
     Capitol Police, including--
       (i) strategic analysis and real-time warning; and
       (ii) access to classified systems for transmitting and 
     posting intelligence.
       (F) Cyber intelligence relevant to the protection of cyber 
     networks of Congress and the personal devices and accounts of 
     Members and employees of Congress, including--
       (i) strategic and real-time warnings, such as malware 
     signatures and other indications of attack; and
       (ii) access to classified systems for transmitting and 
     posting intelligence.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Government Accountability Office Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the appropriate committees 
     of Congress a report on the capacity of the Sergeants at Arms 
     and the United States Capitol Police to access and use 
     intelligence and threat information relevant to the physical 
     and cyber security of Congress.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the extent to which the Sergeants at 
     Arms and the United States Capitol Police have the resources, 
     including facilities, cleared personnel, and necessary 
     training, and authorities to adequately access, analyze, 
     manage, and use intelligence and threat information necessary 
     to defend the physical and cyber security of Congress.
       (B) The extent to which the Sergeants at Arms and the 
     United States Capitol Police communicate and coordinate 
     threat data with each other and with other local law 
     enforcement entities.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 603. STUDY ON VULNERABILITY OF GLOBAL POSITIONING SYSTEM 
                   TO HOSTILE ACTIONS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on Foreign 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.
       (b) Study Required.--The Director of National Intelligence 
     shall, in consultation with the Secretary of Defense, the 
     Secretary of Commerce, and the Secretary of Transportation, 
     conduct a study on the vulnerability of the Global 
     Positioning System (GPS) to hostile actions, as well as any 
     actions being undertaken by the intelligence community, the 
     Department of Defense, the Department of Commerce, the 
     Department of Transportation, and any other elements of the 
     Federal Government to mitigate any risks stemming from the 
     potential unavailability of the Global Positioning System.
       (c) Elements.--The study conducted under subsection (b) 
     shall include net assessments and baseline studies of the 
     following:
       (1) The vulnerability of the Global Positioning System to 
     hostile actions.
       (2) The potential negative effects of a prolonged Global 
     Positioning System outage, including with respect to the 
     entire society, to the economy of the United States, and to 
     the capabilities of the Armed Forces.
       (3) Alternative systems that could back up or replace the 
     Global Positioning System, especially for the purpose of 
     providing positioning, navigation, and timing, to United 
     States civil, commercial, and government users.
       (4) Any actions being planned or undertaken by the 
     intelligence community, the

[[Page S7967]]

     Department of Defense, the Department of Commerce, the 
     Department of Transportation, and other elements of the 
     Federal Government to mitigate any risks to the entire 
     society, to the economy of the United States, and to the 
     capabilities of the Armed Forces, stemming from a potential 
     unavailability of the Global Positioning System.
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the appropriate committees of Congress a 
     report in writing and provide such committees a briefing on 
     the findings of the Director with respect to the study 
     conducted under subsection (b).

     SEC. 604. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED 
                   CANINES ASSOCIATED WITH FORCE PROTECTION DUTIES 
                   OF INTELLIGENCE COMMUNITY.

       Section 1344(a)(2)(B) of title 31, United States Code, is 
     amended by inserting ``, or transportation of federally owned 
     canines associated with force protection duties of any part 
     of the intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003))'' after 
     ``duties''.
                                 ______