[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Pages S8128-S8145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4616. 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.
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.
[[Page S8129]]
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. Support for and oversight of Unidentified Aerial Phenomena
Task Force.
Sec. 345. Publication of unclassified appendices from reports on
intelligence community participation in Vulnerabilities
Equities Process.
Sec. 346. 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 covered insider threat
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. Periodic reports on technology strategy of intelligence
community.
Sec. 602. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 603. 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. 604. Study on vulnerability of Global Positioning System to
hostile actions.
Sec. 605. 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'' means--
(A) the Select Committee on Intelligence and the Committee
on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on Appropriations of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(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.
[[Page S8130]]
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--
(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
[[Page S8131]]
(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 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--
[[Page S8132]]
``(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.
(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.
[[Page S8133]]
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
``(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
[[Page S8134]]
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
(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
[[Page S8135]]
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, 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
[[Page S8136]]
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.
(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
[[Page S8137]]
``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
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
[[Page S8138]]
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 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. 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. 345. 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. 346. 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
[[Page S8139]]
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
(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
[[Page S8140]]
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.--
(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.
[[Page S8141]]
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)).''.
(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.
[[Page S8142]]
``(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
``(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
[[Page S8143]]
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 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 COVERED INSIDER THREAT
INFORMATION PERTAINING TO CONTRACTOR EMPLOYEES
IN THE TRUSTED WORKFORCE.
(a) Definition of Covered Insider Threat Information.--In
this section, the term ``covered insider threat
information''--
(1) means information that--
(A) is adjudicatively relevant;
(B) a Federal Government agency has vetted and verified;
and
(C) according to Director of National Intelligence policy,
is deemed relevant to a contractor's ability to protect
against insider threats as required by section 117.7(d) of
title 32, Code of Federal Regulations, or successor
regulation; and
(2) includes pertinent information considered in the
counter-threat assessment as allowed by a Federal statute or
an Executive Order.
(b) Policy Required.--Not later than 2 years after the date
of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Secretary of
Defense, the Director of the Office of Management and Budget,
and the Attorney General, issue a policy for the Federal
Government on sharing covered insider threat information
pertaining to contractor employees engaged by the Federal
Government.
(c) Consent Requirement.--The policy issued under
subsection (b) shall require, as a condition of obtaining and
maintaining a security clearance with the Federal Government,
that a contractor employee provide prior written consent for
the Federal Government to share covered insider threat
information with the insider threat program senior official
of the contractor employer that employs the contractor
employee. Such policy may include restrictions on the further
disclosure of such information.
(d) Consultation With Congress.--The Director of National
Intelligence shall establish a process for consulting on a
quarterly basis with Congress and industry partners during
development of the policy required under subsection (b).
(e) Review.--
(1) In general.--Not later than 1 year after the date of
the issuance of the policy required by subsection (b), the
Director of National Intelligence and the Secretary of
Defense shall jointly submit to Congress and make available
to such industry partners as the Director and the Secretary
consider appropriate a review of the policy issued under
subsection (b).
(2) Contents.--The review submitted under paragraph (1)
shall include the following:
(A) An assessment of the utility and effectiveness of the
policy issued under subsection (b).
(B) Such recommendations as the Director and the Secretary
may have for legislative or administrative action relevant to
such policy.
[[Page S8144]]
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 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. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF
INTELLIGENCE COMMUNITY.
(a) Periodic Reports Required.--No later than 1 year after
the date of the enactment of this Act and not less frequently
than once every 4 years thereafter, the Director of National
Intelligence shall, in coordination with the Director of the
Office of Science and Technology Policy, the Secretary of
Commerce, and the heads of such other agencies as the
Director considers appropriate, submit to Congress a
comprehensive report on the technology strategy of the
intelligence community, which shall be designed to support
maintaining United States leadership in critical and emerging
technologies essential to United States national security.
(b) Elements.--Each report submitted under subsection (a)
shall include the following:
(1) An assessment of technologies critical to United States
national security, particularly those technologies with
respect to which countries that are adversarial to the United
States have or are poised to match or surpass the technology
leadership of the United States.
(2) A review of existing technology policies of the
intelligence community, including long-range goals.
(3) Identification of sectors and supply chains that the
Director considers to be of the most strategic importance to
national security.
(4) Identification of opportunities to protect the
leadership of the United States and allies of the United
States in critical technologies, including through targeted
export controls, investment screening, and
counterintelligence activities.
(5) Identification of research and development areas
critical to national security, including areas in which the
private sector does not focus.
(6) Recommendations for growing talent in key critical and
emerging technologies and enhancing the ability of the
intelligence community to recruit and retain individuals with
critical skills.
(7) Identification of opportunities to improve United
States leadership in critical technologies, including
opportunities to develop international partnerships to
reinforce domestic policy actions, build new markets, engage
in collaborative research, and create an international
environment that reflects United States values and protects
United States interests.
(8) A technology annex, which may be classified, to
establish an approach to the identification, prioritization,
development, and fielding of emerging technologies critical
to the mission of the intelligence community.
(9) Such other information as may be necessary to help
inform Congress on matters relating to the technology
strategy of the intelligence community and related
implications for United States national security.
SEC. 602. 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. 603. 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
[[Page S8145]]
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. 604. 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, the Committee on Homeland Security and
Governmental Affairs, 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, the Committee on Homeland Security, 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 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. 605. 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''.
______