[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5406-S5420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5950. Mr. WARNER (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 2023
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2023''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Modification of advisory board in National Reconnaissance
Office.
Sec. 302. Prohibition on employment with governments of certain
countries.
Sec. 303. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 304. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of Director of
National Intelligence.
Sec. 305. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 306. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 307. Annual reports on status of recommendations of Comptroller
General of the United States for the Director of National
Intelligence.
Sec. 308. Timely submission of budget documents from intelligence
community.
Sec. 309. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 310. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 311. Modifications to Foreign Malign Influence Response Center.
Sec. 312. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable
to cyber attack.
Sec. 313. Minimum cybersecurity standards for national security systems
of intelligence community.
Sec. 314. Review and report on intelligence community activities under
Executive Order 12333.
Sec. 315. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 316. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 317. Annual training requirement and report regarding analytic
standards.
Sec. 318. Historical Advisory Panel of the Central Intelligence Agency.
TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE'S REPUBLIC OF
CHINA
Sec. 401. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 402. Identification and threat assessment of companies with
investments by the People's Republic of China.
Sec. 403. Intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 404. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the People's
Republic of China.
Sec. 405. Assessments of production of semiconductors by the People's
Republic of China.
TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS
Sec. 501. Improving onboarding of personnel in intelligence community.
Sec. 502. Improving onboarding at the Central Intelligence Agency.
Sec. 503. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 504. Comptroller General of the United States assessment of
administration of polygraphs in intelligence community.
Sec. 505. Timeliness in the administration of polygraphs.
Sec. 506. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 507. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 508. Establishing process parity for adverse security clearance
and access determinations.
Sec. 509. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and access
determinations.
Sec. 510. Comptroller General of the United States report on use of
Government and industry space certified as sensitive
compartmented information facilities.
TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
Sec. 601. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 602. Modification of whistleblower protections for contractor
employees in intelligence community.
Sec. 603. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 604. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors
general of the intelligence community.
TITLE VII--OTHER MATTERS
Sec. 701. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 702. Modification of requirement for office to address
unidentified aerospace-undersea phenomena.
Sec. 703. Unidentified aerospace-undersea phenomena reporting
procedures.
Sec. 704. Comptroller General of the United States compilation of
unidentified aerospace-undersea phenomena records.
Sec. 705. Office of Global Competition Analysis.
Sec. 706. Report on tracking and collecting precursor chemicals used in
the production of synthetic opioids.
Sec. 707. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 708. Notifications regarding transfers of detainees at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 709. Report on international norms, rules, and principles
applicable in space.
Sec. 710. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of Ukraine.
Sec. 711. Assessments and briefings on implications of food insecurity
that may result from the Russian Federation's invasion of
Ukraine.
[[Page S5407]]
Sec. 712. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify International Mobile
Subscriber Identity-catchers and develop countermeasures.
Sec. 713. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the conduct of the intelligence and
intelligence-related activities of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the Federal Government are those
specified in the classified Schedule of Authorizations
prepared to accompany this 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 2023 the sum of $650,000,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2023 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 2023.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. MODIFICATION OF ADVISORY BOARD IN NATIONAL
RECONNAISSANCE OFFICE.
Section 106A(d) of the National Security Act of 1947 (50
U.S.C. 3041a(d)) is amended--
(1) in paragraph (3)(A)(i), by inserting ``, in
consultation with the Director of National Intelligence and
the Secretary of Defense,'' after ``Director''; and
(2) in paragraph (7), by striking ``the date that is 3
years after the date of the first meeting of the Board'' and
inserting ``September 30, 2024''.
SEC. 302. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF
CERTAIN COUNTRIES.
(a) In General.--Title III of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF
CERTAIN COUNTRIES.
``(a) Definitions.--In this section:
``(1) Covered employee.--The term `covered employee', with
respect to an employee occupying a position within an element
of the intelligence community, means an officer or official
of an element of the intelligence community, a contractor of
such an element, a detailee to such an element, or a member
of the Armed Forces assigned to such an element that, based
on the level of access of a person occupying such position to
information regarding sensitive intelligence sources or
methods or other exceptionally sensitive matters, the head of
such element determines should be subject to the requirements
of this section.
``(2) Former covered employee.--The term `former covered
employee' means an individual who was a covered employee on
or after the date of enactment of the Intelligence
Authorization Act for Fiscal Year 2023 and is no longer a
covered employee.
``(3) State sponsor of terrorism.--The term `state sponsor
of terrorism' means a country the government of which the
Secretary of State determines has repeatedly provided support
for international terrorism pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.
``(b) Prohibition on Employment and Services.--No former
covered employee may provide services relating to national
security, intelligence, the military, or internal security
to--
``(1) the government of a country that is a state sponsor
of terrorism, the People's Republic of China, or the Russian
Federation;
``(2) a person or entity that is directed and controlled by
a government described in paragraph (1).
``(c) Training and Written Notice.--The head of each
element of the intelligence community shall--
``(1) regularly provide to the covered employees of the
element training on the prohibition in subsection (b); and
``(2) provide to each covered employee of the element
before the covered employee becomes a former covered employee
written notice of the prohibition in subsection (b).
``(d) Limitation on Eligibility for Access to Classified
Information.--A former covered employee who knowingly and
willfully violates subsection (b) shall not be considered
eligible for access to classified information (as defined in
the procedures established pursuant to section 801(a) of this
Act (50 U.S.C. 3161(a))) by any element of the intelligence
community.
``(e) Criminal Penalties.--A former employee who knowingly
and willfully violates subsection (b) shall be fined under
title 18, United States Code, or imprisoned for not more than
5 years, or both.
``(f) Application.--Nothing in this section shall apply
to--
``(1) a former covered employee who continues to provide
services described in subsection (b) that the former covered
employee first began to provide before the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2023;
``(2) a former covered employee who, on or after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, provides services described in subsection
(b) to a person or entity that is directed and controlled by
a country that is a state sponsor of terrorism, the People's
Republic of China, or the Russian Federation as a result of a
merger, acquisition, or similar change of ownership that
occurred after the date on which such former covered employee
first began to provide such services;
``(3) a former covered employee who, on or after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, provides services described in subsection
(b) to--
``(A) a government that was designated as a state sponsor
of terrorism after the date on which such former covered
employee first began to provide such services; or
``(B) a person or entity directed and controlled by a
government described in subparagraph (A).''.
(b) Annual Reports.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not later than March 31 of each year
through 2032, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on
any violations of subsection (b) of section 305 of the
National Security Act of 1947, as added by subsection (a) of
this section, by former covered employees (as defined in
subsection (a) of such section 305).
(c) Clerical Amendment.--The table of contents immediately
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 304 the following new item:
``Sec. 305. Prohibition on employment with governments of certain
countries.''.
SEC. 303. COUNTERINTELLIGENCE AND NATIONAL SECURITY
PROTECTIONS FOR INTELLIGENCE COMMUNITY GRANT
FUNDING.
(a) Disclosure as Condition for Receipt of Grant.--The head
of an element of the intelligence community may not award a
grant to a person or entity unless the person or entity has
disclosed to the head of the element any material financial
or material in-kind support received by the person or entity,
during the 5-year period ending on the date of the person or
entity's application for the grant.
(b) Review of Grant Applicants.--
(1) Transmittal of disclosures.--Each head of an element of
the intelligence community shall immediately transmit a copy
of
[[Page S5408]]
each disclosure under subsection (a) to the Director of
National Intelligence.
(2) Process.--The Director, in consultation with such heads
of elements of the intelligence community as the Director
considers appropriate, shall establish a process--
(A) to review the disclosures under subsection (a); and
(B) to take such actions as may be necessary to ensure that
the applicants for grants awarded by elements of the
intelligence community do not pose an unacceptable risk,
including as a result of an applicant's material financial or
material in-kind support from a person or entity having
ownership or control, in whole or in part, by the government
of the People's Republic of China, the Russian Federation,
the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Republic of Cuba, of--
(i) misappropriation of United States intellectual
property, research and development, and innovation efforts;
or
(ii) other threats from foreign governments and other
entities.
(c) Annual Report Required.--Not later than one year after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives an annual report identifying the following
for the one-year period covered by the report:
(1) The number of applications for grants received by each
element of the intelligence community.
(2) The number of such applications that were reviewed for
each element of the intelligence community, using the process
established under subsection (b).
(3) The number of such applications that were denied and
the reasons for such denials for each element of the
intelligence community.
(d) Applicability.--Subsections (a) and (b) shall apply
only with respect to grants awarded by an element of the
intelligence community after the date of the enactment of
this Act.
SEC. 304. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW
ENFORCEMENT JURISDICTION TO FACILITIES OF
OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Section 15(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (D) as subparagraph (E);
(C) by inserting after subparagraph (C) the following:
``(D) within an installation owned, or contracted to be
occupied for a period of one year or longer, by the Office of
the Director of National Intelligence; and''; and
(D) in subparagraph (E), as redesignated by subparagraph
(B), by inserting ``or (D)'' after ``in subparagraph (C)'';
(2) in paragraph (2), by striking ``or (D)'' and inserting
``or (E)''; and
(3) in paragraph (4), by striking ``in subparagraph (A) or
(C)'' and inserting ``in subparagraph (A), (C), or (D)''.
(b) Conforming Amendment.--Section 5(a)(4) of such Act (50
U.S.C. 3506(a)(4)) is amended by inserting ``and Office of
the Director of National Intelligence'' after ``protection of
Agency''.
SEC. 305. CLARIFICATION REGARDING PROTECTION OF CENTRAL
INTELLIGENCE AGENCY FUNCTIONS.
Section 6 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3507) is amended by striking ``, functions'' and
inserting ``or functions of the Agency, or of the''.
SEC. 306. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Establishment.--There is established in the National
Geospatial-Intelligence Agency an advisory board (in this
section referred to as the ``Board'').
(b) Duties.--The Board shall--
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to
integration of commercial capabilities, promoting innovation,
advice on next generation tasking, collection, processing,
exploitation, and dissemination capabilities, strengthening
functional management, acquisition, and such other matters as
the Director of the National Geospatial-Intelligence Agency
considers appropriate; and
(2) advise and report directly to the Director with respect
to such matters.
(c) Members.--
(1) Number and appointment.--
(A) In general.--The Board shall be composed of 6 members
appointed by the Director from among individuals with
demonstrated academic, government, business, or other
expertise relevant to the mission and functions of the
Agency.
(B) Notification.--Not later than 30 days after the date on
which the Director appoints a member to the Board, the
Director shall notify the congressional intelligence
committees and the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) of
such appointment.
(C) Initial appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director shall
appoint the initial 6 members to the Board.
(2) Terms.--Each member shall be appointed for a term of 3
years.
(3) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term.
(4) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
(5) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(6) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the Agency,
to support the Board.
(d) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
(e) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives a report on the activities and significant
findings of the Board during the preceding year.
(f) Nonapplicability of Certain Requirements.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Board.
(g) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of the
Board.
SEC. 307. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF
COMPTROLLER GENERAL OF THE UNITED STATES FOR
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Definition of Open Recommendations.--In this section,
the term ``open recommendations'' refers to recommendations
of the Comptroller General of the United States that the
Comptroller General has not yet designated as closed.
(b) Annual Lists by Comptroller General of the United
States.--Not later than October 31, 2023, and each October 31
thereafter through 2025, the Comptroller General of the
United States shall submit to the congressional intelligence
committees and the Director of National Intelligence a list
of all open recommendations made to the Director,
disaggregated by report number and recommendation number.
(c) Annual Reports by Director of National Intelligence.--
Not later than 120 days after the date on which the Director
receives a list under subsection (b), the Director shall
submit to the congressional intelligence committees, the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Comptroller General a report on the actions taken by the
Director and actions the Director intends to take, alone or
in coordination with the heads of other Federal agencies, in
response to each open recommendation identified in the list,
including open recommendations the Director considers closed
and recommendations the Director determines do not require
further action, as well as the basis for that determination.
SEC. 308. TIMELY SUBMISSION OF BUDGET DOCUMENTS FROM
INTELLIGENCE COMMUNITY.
Not later than 5 days after the date on which the President
submits to Congress a budget for a fiscal year pursuant to
section 1105(a) of title 31, United States Code, the Director
of National Intelligence shall submit to Congress the
supporting information under such section for each element of
the intelligence community for that fiscal year.
SEC. 309. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE
NATIONAL INTELLIGENCE UNIVERSITY.
Section 105 of title 17, United States Code, is amended--
(1) by redesignating the second subsection (c) as
subsection (d);
(2) by striking subsection (c) and inserting the following:
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a
covered author who produces a covered work in the course of
employment at a covered institution described in
subparagraphs (A) through (L) of subsection (d)(2), the
Secretary of Defense may direct the covered author to provide
the Federal Government with an irrevocable, royalty-free,
worldwide, nonexclusive license to reproduce, distribute,
perform, or display such covered work for purposes of the
United States Government.
``(2) Director of national intelligence authority.--With
respect to a covered author who produces a covered work in
the course of employment at the covered institution described
in subsection (d)(2)(M), the Director of National
Intelligence may direct the covered author to provide the
Federal Government with an irrevocable, royalty-free, world-
wide, nonexclusive license to reproduce, distribute, perform,
or display such covered work for purposes of the United
States Government.''; and
(3) in paragraph (2) of subsection (d), as so redesignated,
by adding at the end the following:
[[Page S5409]]
``(M) National Intelligence University.''.
SEC. 310. EXPANSION OF REPORTING REQUIREMENTS RELATING TO
AUTHORITY TO PAY PERSONNEL OF CENTRAL
INTELLIGENCE AGENCY FOR CERTAIN INJURIES TO THE
BRAIN.
Section 2(d)(1) of the Helping American Victims Afflicted
by Neurological Attacks Act of 2021 (Public Law 117-46) is
amended--
(1) in subparagraph (A), by inserting ``and not less
frequently than once each year thereafter for 5 years'' after
``Not later than 365 days after the date of the enactment of
this Act'';
(2) in subparagraph (B), by adding at the end the
following:
``(iv) Detailed information about the number of covered
employees, covered individuals, and covered dependents who
reported experiencing vestibular, neurological, or related
injuries, including those broadly termed `anomalous health
incidents'.
``(v) The number of individuals who have sought benefits
under any provision of section 19A of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b).
``(vi) The number of covered employees, covered
individuals, and covered dependents who are unable to perform
all or part of their professional duties as a result of
injuries described in clause (iv).
``(vii) An updated analytic assessment coordinated by the
National Intelligence Council regarding the potential causes
and perpetrators of anomalous health incidents, as well as
any and all dissenting views within the intelligence
community, which shall be included as appendices to the
assessment.''; and
(3) in subparagraph (C), by striking ``The'' and inserting
``Each''.
SEC. 311. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE
CENTER.
(a) Renaming.--
(1) In general.--Section 119C of the National Security Act
of 1947 (50 U.S.C. 3059) is amended--
(A) in the section heading, by striking ``response''; and
(B) in subsection (a), by striking ``Response''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of such Act is amended by striking
the item relating to section 119C and inserting the
following:
``Sec. 119C. Foreign Malign Influence Center.''.
(3) Conforming amendment.--Section 589E(d)(2) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2001
note prec.) is amended by striking ``Response''.
(4) Reference.--Any reference in law, regulation, map,
document, paper, or other record of the United States to the
``Foreign Malign Influence Response Center'' shall be deemed
to be a reference to the Foreign Malign Influence Center.
(b) Sunset.--Section 119C of such Act (50 U.S.C. 3059) is
further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(f) Sunset.--The authorities and requirements of this
section shall terminate on December 31, 2027, and the
Director of National Intelligence shall take such actions as
may be necessary to conduct an orderly wind-down of the
activities of the Center before December 31, 2028.''.
(c) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(C) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not later than December 31, 2026, the
Director of National Intelligence shall submit to the
appropriate committees of Congress a report assessing the
continued need for operating the Foreign Malign Influence
Center.
SEC. 312. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR
PERSONNEL OF INTELLIGENCE COMMUNITY IN
POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
(a) In General.--Section 6308(b) of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``may provide'' and inserting ``shall
offer'';
(B) by inserting ``and shall provide such support to any
such personnel who request'' before the period at the end;
and
(2) in the subsection heading, by striking ``Authority''
and inserting ``Requirement''.
(b) Plan.--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,
the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives
an implementation plan for providing the support described
section 6308(b) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3334d(b)), as amended by subsection
(a), including a description of the training and resources
needed to implement the support and the methodology for
determining the personnel described in paragraph (2) of such
section.
SEC. 313. MINIMUM CYBERSECURITY STANDARDS FOR NATIONAL
SECURITY SYSTEMS OF INTELLIGENCE COMMUNITY.
(a) Definition of National Security Systems.--In this
section, the term ``national security systems'' has the
meaning given such term in section 3552(b) of title 44,
United States Code, and includes systems described in
paragraph (2) or (3) of section 3553(e) of such title.
(b) Requirement to Establish Cybersecurity Standards for
National Security Systems.--The Director of National
Intelligence shall, in coordination with the National Manager
for National Security Systems, establish minimum
cybersecurity requirements that shall apply to all national
security systems operated by, on the behalf of, or under a
law administered by the head of an element of the
intelligence community.
(c) Implementation Deadline.--The requirements published
pursuant to subsection (b) shall include appropriate
deadlines by which all elements of the intelligence community
that own or operate a national security system shall have
fully implemented the requirements established under
subsection (b) for all national security systems that it owns
or operates.
(d) Maintenance of Requirements.--Not less frequently than
once every 2 years, the Director shall reevaluate and update
the minimum cybersecurity requirements established under
subsection (b).
(e) Resources.--The head of each element of the
intelligence community that owns or operates a national
security system shall update plans of the element to
prioritize resources in such a manner as to fully implement
the requirements established in subsection (b) by the
deadline established pursuant to subsection (c) for the next
10 fiscal years.
(f) Exemptions.--
(1) In general.--A national security system of an element
of the intelligence community may be exempted from the
minimum cybersecurity standards established under subsection
(b) in accordance with the process established under
paragraph (2).
(2) Process for exemption.--The Director shall establish
and administer a process by which specific national security
systems can be exempted under paragraph (1).
(g) Annual Reports on Exemption Requests.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Each year, the Director shall submit to
the appropriate committees of Congress an annual report
documenting all exemption requests received under subsection
(f), the number of exemptions denied, and the justification
for each exemption request that was approved.
SEC. 314. REVIEW AND REPORT ON INTELLIGENCE COMMUNITY
ACTIVITIES UNDER EXECUTIVE ORDER 12333.
(a) Review and Report Required.--No later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall--
(1) conduct a review to ascertain the feasibility and
advisability of compiling and making public information
relating to activities of the intelligence community under
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities); and
(2) submit to the congressional intelligence, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives committees a
report on the findings of the Director with respect to the
review conducted under paragraph (1).
(b) Matters Addressed.--The report shall address the
feasibility and advisability of making available to the
public information relating to the following:
(1) Data on activities described in subsection (a)(1),
including the following:
(A) The amount of United States person information
collected pursuant to such activities.
(B) Queries of United States persons pursuant to such
activities.
(C) Dissemination of United States person information
pursuant to such activities, including masking and unmasking.
(D) The use of United States person information in criminal
proceedings.
(2) Quantitative data and qualitative descriptions of
incidents in which the intelligence community violated
Executive Order 12333 and associated guidelines and
procedures.
(c) Considerations.--In conducting the review under
subsection (a)(1), the Director shall consider--
(1) the public transparency associated with the use by the
intelligence community of the authorities provided under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), including relevant data and compliance incidents;
and
(2) the application of the transparency model developed in
connection with such Act
[[Page S5410]]
to activities conducted under Executive Order 12333.
(d) Disaggregation for Public Release.--In conducting the
review under subsection (a)(1), the Director shall address
whether the relevant data and compliance incidents associated
with the different intelligence community entities can be
disaggregated for public release.
SEC. 315. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS
OFFICE OF THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
Beginning not later than 90 days after the date of the
enactment of this Act, the head of the commercial and
business operations office of the National Geospatial-
Intelligence Agency shall report directly to the Director of
the National Geospatial-Intelligence Agency.
SEC. 316. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE
SUPPORT FOR EXPORT CONTROLS AND FOREIGN
INVESTMENT SCREENING.
(a) Pilot Program to Assess Open Source Support for Export
Controls and Foreign Investment Screening.--
(1) Pilot program authorized.--The Director of National
Intelligence shall carry out a pilot program to assess the
feasibility and advisability of providing intelligence
derived from open source, publicly and commercially available
information--
(A) to the Department of Commerce to support the export
control and investment screening functions of the Department;
and
(B) to the Department of Homeland Security to support the
export control functions of the Department.
(2) Authority.--In carrying out the pilot program required
by paragraph (1), the Director--
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may--
(i) acquire and prepare data, consistent with applicable
provisions of law and Executive orders;
(ii) modernize analytic systems, including through the
acquisition, development, or application of automated tools;
and
(iii) establish standards and policies regarding the
acquisition, treatment, and sharing of open source, publicly
and commercially available information.
(3) Duration.--The pilot program required by paragraph (1)
shall be carried out during a 3-year period.
(b) Plan and Report Required.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, the Committee on Financial
Services, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(2) Plan.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall, in
coordination with the Secretary of Commerce and the Secretary
of Homeland Security, submit to the appropriate committees of
Congress a plan to carry out the pilot program required by
subsection (a)(1).
(B) Contents.--The plan submitted under subparagraph (A)
shall include the following:
(i) A list, developed in consultation with the Secretary of
Commerce and the Secretary of Homeland Security, of the
activities of the Department of Commerce and the Department
of Homeland Security that will be supported by the pilot
program.
(ii) A plan for measuring the effectiveness of the pilot
program and the value of open source, publicly and
commercially available information to the export control and
investment screening missions.
(3) Report.--
(A) In general.--Not later than 540 days after the date on
which the Director submits the plan under paragraph (2)(A),
the Director shall submit to the appropriate committees of
Congress a report on the findings of the Director with
respect to the pilot program.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) An assessment of the feasibility and advisability of
providing information as described in subsection (a)(1).
(ii) An assessment of the value of open source, publicly
and commercially available information to the export control
and investment screening missions, using the measures of
effectiveness under paragraph (2)(B)(ii).
(iii) Identification of opportunities for and barriers to
more effective use of open source, publicly and commercially
available information by the intelligence community.
SEC. 317. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING
ANALYTIC STANDARDS.
(a) Policy for Training Program Required.--Consistent with
sections 1019 and 1020 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364 and 3364
note), the Director of National Intelligence shall issue a
policy that requires each head of an element of the
intelligence community, that has not already done so, to
create, before the date that is 180 days after the date of
the enactment of this Act, an annual training program on the
standards set forth in Intelligence Community Directive 203,
Analytic Standards (or successor directive).
(b) Conduct of Training.--Training required pursuant to the
policy required by subsection (a) may be conducted in
conjunction with other required annual training programs
conducted by the element of the intelligence community
concerned.
(c) Certification of Completion of Training.--Each year,
each head of an element of the intelligence community shall
submit to the congressional intelligence committees a
certification as to whether all of the analysts of that
element have completed the training required pursuant to the
policy required by subsection (a) and if the analysts have
not, an explanation of why the training has not been
completed.
(d) Reports.--
(1) Annual report.--In conjunction with each briefing
provided under section 1019(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the
Director shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives a report on the number and themes of
compliance incidents reported to intelligence community
analytic ombudspersons relating to the standards set forth in
Intelligence Community Directive 203 (relating to analytic
standards), or successor directive.
(2) Report on performance evaluation.--Not later than 90
days after the date of the enactment of this Act, the head of
analysis at each element of the intelligence community that
conducts all-source analysis shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
describing how compliance with the standards set forth in
Intelligence Community Directive 203 (relating to analytic
standards), or successor directive, is considered in the
performance evaluations and consideration for merit pay,
bonuses, promotions, and any other personnel actions for
analysts within the element.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Director from providing training
described in this section as a service of common concern.
(f) Sunset.--This section shall cease to be effective on
the date that is 5 years after the date of the enactment of
this Act.
SEC. 318. HISTORICAL ADVISORY PANEL 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. 29. HISTORICAL ADVISORY PANEL.
``(a) Definitions.--In this section, the terms
`congressional intelligence committees' and `intelligence
community' have the meanings given those terms in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
``(b) Establishment.--There is established within the
Agency an advisory panel to be known as the `Historical
Advisory Panel' (in this section referred to as the `panel').
``(c) Membership.--
``(1) Composition.--
``(A) In general.--The panel shall be composed of up to 7
members appointed by the Director from among individuals
recognized as scholarly authorities in history, international
relations, or related fields.
``(B) Initial appointments.--Not later than 180 days after
the date of the enactment of this section, the Director shall
appoint the initial members of the panel.
``(2) Chairperson.--The Director shall designate a
Chairperson of the panel from among the members of the panel.
``(d) Security Clearances and Accesses.--The Director shall
sponsor appropriate security clearances and accesses for all
members of the panel.
``(e) Terms of Service.--
``(1) In general.--Each member of the panel shall be
appointed for a term of 3 years.
``(2) Renewal.--The Director may renew the appointment of a
member of the panel for not more than 2 subsequent terms.
``(f) Duties.--The panel shall advise the Agency on--
``(1) topics for research and publication within the
Agency;
``(2) topics for discretionary declassification reviews;
``(3) declassification of specific records or types of
records;
``(4) determinations regarding topics and records whose
continued classification is outweighed by the public benefit
of disclosure;
``(5) technological tools to modernize the classification
and declassification processes to improve the efficiency and
effectiveness of those processes; and
``(6) other matters as the Director may assign.
``(g) Reports.--Not less than once each year, the panel
shall submit to the Director and the congressional
intelligence committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives a report on the activities of the panel.
``(h) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the panel.
[[Page S5411]]
``(i) Sunset.--The provisions of this section shall expire
7 years after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023, unless reauthorized
by statute.''.
TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE'S REPUBLIC OF
CHINA
SEC. 401. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE
LEADERSHIP OF THE CHINESE COMMUNIST PARTY.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall make available to the public an
unclassified report on the wealth and corrupt activities of
the leadership of the Chinese Communist Party, including the
General Secretary of the Chinese Communist Party and senior
leadership officials in the Central Committee, the Politburo,
the Politburo Standing Committee, and any other regional
Party Secretaries.
(b) Annual Updates.--Not later than 2 years after the date
of the enactment of this Act and not less frequently than
once each year thereafter until the date that is 6 years
after the date of the enactment of this Act, the Director
shall update the report published under subsection (a).
SEC. 402. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES
WITH INVESTMENTS BY THE PEOPLE'S REPUBLIC OF
CHINA.
Not later than 120 days after the date of the enactment of
this Act, the Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall
provide to the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives a report on
the risk to national security of the use of--
(1) telecommunications companies with substantial
investment by the People's Republic of China operating in the
United States or providing services to affiliates and
personnel of the intelligence community; and
(2) hospitality and conveyance companies with substantial
investment by the People's Republic of China by affiliates
and personnel of the intelligence community for travel on
behalf of the United States Government.
SEC. 403. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING
THE ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF
THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall
establish a cross-intelligence community analytical working
group (in this section referred to as the ``working group'')
on the economic and technological capabilities of the
People's Republic of China.
(b) Monitoring and Analysis.--The working group shall
monitor and analyze--
(1) the economic and technological capabilities of the
People's Republic of China;
(2) the extent to which those capabilities rely on exports,
investments in companies, or services from the United States
and other foreign countries;
(3) the links of those capabilities to the military-
industrial complex of the People's Republic of China; and
(4) the threats those capabilities pose to the national and
economic security and values of the United States.
(c) Annual Assessment.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not less frequently than once each year,
the working group shall submit to the appropriate committees
of Congress an assessment of the economic and technological
strategy, efforts, and progress of the People's Republic of
China to become the dominant military, technological, and
economic power in the world and undermine the rules-based
world order.
(3) Elements.--Each assessment required by paragraph (2)
shall include the following:
(A) An unclassified overview of the major goals,
strategies, and policies of the People's Republic of China to
control, shape, or develop self-sufficiency in key
technologies and control related supply chains and
ecosystems, including--
(i) efforts to acquire United States and other foreign
technology and recruit foreign talent in technology sectors
of the People's Republic of China, including the extent to
which those efforts relate to the military-industrial complex
of the People's Republic of China;
(ii) efforts related to incentivizing offshoring of United
States and foreign manufacturing to China, influencing global
supply chains, and creating supply chain vulnerabilities for
the United States, including China's investments or potential
investments in foreign countries to create monopolies in the
processing and exporting of rare earth and other critical
materials necessary for renewable energy, including cobalt,
lithium, and nickel;
(iii) related tools and market access restrictions or
distortions imposed by the People's Republic of China on
foreign firms and laws and regulations of the People's
Republic of China that discriminate against United States and
other foreign firms; and
(iv) efforts of the People's Republic of China to attract
investment from the United States and other foreign investors
to build self-sufficient capabilities and the type of capital
flows from the United States to China, including information
on documentation of the lifecycle of investments, from the
specific actions taken by the Government of the People's
Republic of China to attract the investments to the outcome
of such efforts for entities and persons of the People's
Republic of China.
(B) An unclassified assessment of the progress of the
People's Republic of China to achieve its goals,
disaggregated by economic sector.
(C) An unclassified assessment of the impact of the
transfer of capital, technology, data, talent, and technical
expertise from the United States to China on the economic,
technological, and military capabilities of the People's
Republic of China.
(D) An unclassified list of the top 200 businesses,
academic and research institutions, or other entities of the
People's Republic of China that are--
(i) designated by Chinese securities issuing and trading
entities or other sources as supporting the military-
industrial complex of the People's Republic of China;
(ii) developing, producing, or exporting technologies of
strategic importance to the People's Republic of China or
supporting entities of the People's Republic of China that
are subject to sanctions imposed by the United States;
(iii) supporting the military-civil fusion program of the
People's Republic of China; or
(iv) otherwise supporting the goals and efforts of the
Chinese Communist Party and Chinese government entities,
including the Ministry of State Security, the Ministry of
Public Security, and the People's Liberation Army.
(E) An unclassified list of the top 100 development,
infrastructure, or other strategic projects that the People's
Republic of China is financing abroad that--
(i) advance the technology goals and strategies of the
Chinese Communist Party; or
(ii) evade financial sanctions, export controls, or import
restrictions imposed by the United States.
(F) An unclassified list of the top 100 businesses,
research institutions, or other entities of the People's
Republic of China that are developing surveillance, smart
cities, or related technologies that are--
(i) exported to other countries, undermining democracy
worldwide; or
(ii) provided to the security services of the People's
Republic of China, enabling them to commit severe human
rights abuses in China.
(G) An unclassified list of the top 100 businesses or other
entities of the People's Republic of China that are--
(i) operating in the genocide zone in Xinjiang; or
(ii) supporting the Xinjiang Public Security Bureau, the
Xinjiang Bureau of the Ministry of State Security, the
People's Armed Police, or the Xinjiang Production and
Construction Corps.
(H) A list of investment funds, public companies, or
private or early-stage firms of the People's Republic of
China that have received more than $100,000,000 in capital
flows from the United States during the 10-year period
preceding the date on which the assessment is submitted.
(4) Preparation of assessments.--In preparing each
assessment required by paragraph (2), the working group shall
use open source documents in Chinese language and commercial
databases.
(5) Format.--An assessment required by paragraph (2) may be
submitted in the format of a National Intelligence Estimate.
(6) Form.--Each assessment required by paragraph (2) shall
be submitted in unclassified form, but may include a
classified annex.
(7) Publication.--The unclassified portion of each
assessment required by paragraph (2) shall be published on
the publicly accessible website of the Director of National
Intelligence.
(d) Briefings to Congress.--Not less frequently than
quarterly, the working group shall provide to Congress a
classified briefing on the economic and technological goals,
strategies, and progress of the People's Republic of China,
especially on the information that cannot be disclosed in the
unclassified portion of an assessment required by subsection
(c)(2).
(e) Classified Analyses.--Each classified annex to an
assessment required by subsection (c)(2) or corresponding
briefing provided under subsection (d) shall include an
analysis of--
(1) the vulnerabilities of the People's Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the
People's Republic of China that provide leverage to the
United States.
(f) Sunset.--This section shall cease to be effective on
the date that is 5 years after the date of the enactment of
this Act.
[[Page S5412]]
SEC. 404. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN
THE XINJIANG UYGHUR AUTONOMOUS REGION OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
(2) Covered camp.--The term ``covered camp'' means a
detention camp, prison, forced labor camp, or forced labor
factory located in the Xinjiang Uyghur Autonomous Region of
the People's Republic of China, referred to by the Government
of the People's Republic of China as ``concentrated
reeducation camps'' or ``vocational training centers''.
(b) Annual Report Required.--Not later than 120 days after
the date of the enactment of this Act, and annually
thereafter for 5 years, the Director of National
Intelligence, in consultation with such heads of elements of
the intelligence community as the Director considers
appropriate, shall submit to the appropriate committees of
Congress a report on the status of covered camps.
(c) Elements.--Each report required by subsection (b) shall
include the following:
(1) An identification of the number and geographic location
of covered camps and an estimate of the number of victims
detained in covered camps.
(2) A description of--
(A) the types of personnel and equipment in covered camps;
(B) the funding received by covered camps from the
Government of the People's Republic of China; and
(C) the role of the security services of the People's
Republic of China and the Xinjiang Production and
Construction Corps in enforcing atrocities at covered camps.
(3) A comprehensive list of--
(A) the entities of the Xinjiang Production and
Construction Corps, including subsidiaries and affiliated
businesses, with respect to which sanctions have been imposed
by the United States;
(B) commercial activities of those entities outside of the
People's Republic of China; and
(C) other Chinese businesses, including in the artificial
intelligence, biotechnology, and surveillance technology
sectors, that are involved with the atrocities in Xinjiang or
supporting the policies of the People's Republic of China in
the region.
(d) Form.--Each report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Publication.--The unclassified portion of each report
required by subsection (b) shall be published on the publicly
accessible website of the Office of the Director of National
Intelligence.
SEC. 405. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) 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
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
(b) In General.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter for 3
years, the Director of National Intelligence shall submit to
the appropriate committees of Congress an assessment of
progress by the People's Republic of China in global
competitiveness in the production of semiconductors by
Chinese firms.
(c) Elements.--Each assessment submitted under subsection
(b) shall include the following:
(1) The progress of the People's Republic of China toward
self-sufficiency in the supply of semiconductors for globally
competitive Chinese firms, including those firms competing in
the fields of artificial intelligence, cloud computing,
autonomous vehicles, next-generation and renewable energy,
and high-performance computing.
(2) Activity of Chinese firms with respect to the
procurement of semiconductor manufacturing equipment
necessary for the production of microelectronics below the 20
nanometer process node, including any identified export
diversion to evade export controls.
(3) A comprehensive summary of unilateral and multilateral
export controls that Chinese semiconductor manufacturers have
been subject to in the year preceding the date on which the
assessment is submitted, as well as a description of the
status of export licenses issued by any export control
authority during that time period.
(4) Any observed stockpiling efforts by Chinese firms with
respect to semiconductor manufacturing equipment, substrate
materials, silicon wafers, or other necessary inputs for
semiconductor production.
(5) An analysis of the relative market share of different
Chinese semiconductor manufacturers at different process
nodes and the estimated increase or decrease of market share
by that manufacturer in each product category during the
preceding year.
(6) A comprehensive summary of recruitment activity of the
People's Republic of China targeting semiconductor
manufacturing engineers and managers from non-Chinese firms.
(7) An analysis of the capability of the workforce of the
People's Republic of China to design, produce, and
manufacture microelectronics below the 20 nanometer process
node and relevant equipment.
(d) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and
include a classified annex.
TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS
SEC. 501. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE
COMMUNITY.
(a) Methodology.--The Director of National Intelligence
shall establish a methodology appropriate for all elements of
the intelligence community that can be used to measure,
consistently and reliably, the time it takes to onboard
personnel, from time of application to beginning performance
of duties.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on
the time it takes to onboard personnel in the intelligence
community.
(2) Elements.--The report submitted under paragraph (1)
shall cover the mean and median time it takes to onboard
personnel in the intelligence community, disaggregated by
mode of onboarding and element of the intelligence community.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a plan to reduce the
time it takes to onboard personnel in the intelligence
community, for elements of the intelligence community that
have median onboarding times that exceed 180 days.
(2) Elements.--The plan submitted under paragraph (1) shall
include milestones to achieve certain specific goals with
respect to the mean, median, and mode time it takes to
onboard personnel in the elements of the intelligence
community described in such paragraph, disaggregated by
element of the intelligence community.
SEC. 502. IMPROVING ONBOARDING AT THE CENTRAL INTELLIGENCE
AGENCY.
(a) Definition of Onboard Period.--In this section, the
term ``onboard period'' means the period beginning on the
date on which an individual submits an application for
employment with the Central Intelligence Agency and the date
on which the individual is formally offered one or more
entrance on duty dates.
(b) In General.--The Director of the Central Intelligence
Agency shall take such actions as the Director considers
appropriate and necessary to ensure that, by December 31,
2023, the median duration of the onboard period for new
employees at the Central Intelligence Agency is equal to or
less than 180 days.
SEC. 503. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT
TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Deputy Director for
Management of the Office of Management and Budget shall, in
the Deputy Director's capacity as the Chair of the Security,
Suitability, and Credentialing Performance Accountability
Council pursuant to section 2.4 of Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national
security information), submit to Congress a report on the
legislative action required to implement the Trusted
Workforce 2.0 initiative.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Specification of the statutes that require amendment in
order to implement the initiative described in subsection
(a).
(2) For each statute specified under paragraph (1), an
indication of the priority for enactment of an amendment.
(3) For each statute specified under paragraph (1), a
description of the consequences if the statute is not
amended.
SEC. 504. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT
OF ADMINISTRATION OF POLYGRAPHS IN INTELLIGENCE
COMMUNITY.
(a) Assessment Required.--The Comptroller General of the
United States shall conduct an assessment of the
administration of polygraph evaluations that are needed in
the intelligence community to meet current annual mission
demand.
(b) Elements.--The assessment completed under subsection
(a) shall include the following:
(1) Identification of the number of polygraphers currently
available at each element of the intelligence community to
meet the demand described in subsection (a).
[[Page S5413]]
(2) If the demand described in subsection (a) cannot be
met, an identification of the number of polygraphers that
would need to be hired and certified to meet it.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
brief the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives on the
preliminary findings of the Comptroller General with respect
to the assessment conducted pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the committees described in subsection (c) a report on the
findings of the Comptroller General with respect to the
assessment conducted pursuant to subsection (a).
SEC. 505. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.
(a) Standards Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in the Director's capacity as the
Security Executive Agent pursuant to section 803(a) of the
National Security Act of 1947 (50 U.S.C. 3162a(a)), issue
standards for timeliness for Federal agencies to administer
polygraphs conducted for the purpose of--
(A) adjudicating decisions regarding eligibility for access
to classified information (as defined in the procedures
established pursuant to section 801(a) of the National
Security Act of 1947 (50 U.S.C. 3161(a))); and
(B) granting reciprocity pursuant to Security Executive
Agent Directive 2, or successor directive.
(2) Publication.--The Director shall publish the standards
issued under paragraph (1) in the Federal Register or such
other venue as the Director considers appropriate.
(b) Implementation Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Director
shall submit to Congress an implementation plan for Federal
agencies to comply with the standards issued under subsection
(a). Such plan shall specify the resources required by
Federal agencies to comply with such standards.
SEC. 506. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO
CLASSIFIED INFORMATION FOR CERTAIN PERSONNEL.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall, in the
Director's capacity as the Security Executive Agent pursuant
to section 803(a) of the National Security Act of 1947 (50
U.S.C. 3162a(a)), issue a policy that allows a private person
to submit a certain number or proportion of applications, on
a nonreimbursable basis, for employee access to classified
information for personnel who perform key management and
oversight functions who may not merit an application due to
their work under any one contract.
SEC. 507. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON
SHARING OF COVERED INSIDER THREAT INFORMATION.
Section 806(b) of the Intelligence Authorization Act for
Fiscal Year 2022 (Public Law 117-103) is amended by striking
``contracting agency'' and inserting ``contractor that
employs the contractor employee''.
SEC. 508. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY
CLEARANCE AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(4)) is amended to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii), in determining
whether the adverse security clearance or access
determination violated paragraph (1), the agency shall find
that paragraph (1) was violated if the individual has
demonstrated that a disclosure described in paragraph (1) was
a contributing factor in the adverse security clearance or
access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing
factor in the adverse security clearance or access
determination taken against the individual through
circumstantial evidence, such as evidence that--
``(I) the official making the determination knew of the
disclosure; and
``(II) the determination occurred within a period such that
a reasonable person could conclude that the disclosure was a
contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse
security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure was a
contributing factor, the agency demonstrates by clear and
convincing evidence that it would have made the same security
clearance or access determination in the absence of such
disclosure.''.
SEC. 509. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR
RETALIATORY REVOCATION OF SECURITY CLEARANCES
AND ACCESS DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is
amended, in the second sentence, by striking ``not to exceed
$300,000''.
SEC. 510. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
USE OF GOVERNMENT AND INDUSTRY SPACE CERTIFIED
AS SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the average annual utilization
of Federal Government and industry space certified as a
sensitive compartmented information facility under
intelligence community or Department of Defense policy.
TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
SEC. 601. 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 Ranking Member, as the case may
be, of an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives, a
nonpartisan member of the committee staff designated for
purposes of receiving complaints or information under this
section, or a member of the majority staff and a member of
the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (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)
[[Page S5414]]
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 Ranking Member, as the case may
be, of a congressional intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to
Congress, regardless of whether the complaint or information
is with respect to an urgent concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of
1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact an intelligence committee or another committee of
jurisdiction directly as described in clause (i) only if the
employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives in
accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Ranking
Member, as the case may be, of an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives, a nonpartisan member of the committee
staff designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information directly to Congress, regardless of whether
the complaint or information is with respect to an urgent
concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to revoke
or diminish any right of an individual provided by section
2303 of title 5, United States Code.
SEC. 602. MODIFICATION OF WHISTLEBLOWER PROTECTIONS FOR
CONTRACTOR EMPLOYEES IN INTELLIGENCE COMMUNITY.
Section 1104(c)(1)(A) of the National Security Act of 1947
(50 U.S.C. 3234(c)(1)(A)) is amended by inserting ``a
supervisor of the employing agency with responsibility for
the subject matter of the disclosure,'' after ``chain of
command,''.
SEC. 603. 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 subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) 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)), section 7(b) of the Inspector
General Act of 1978 (5 U.S.C. App.), 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.''.
SEC. 604. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND
INFORMATION OF URGENT CONCERN RECEIVED BY
INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY.
(a) National Security Act of 1947.--Section
103H(k)(5)(G)(i)(I) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)(G)(i)(I)) is amended by striking ``within
the'' 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.''.
[[Page S5415]]
(b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i)
of the Inspector General Act of 1978 (5 U.S.C. App.) 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.''.
(c) Central Intelligence Agency Act of 1949.--Section
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) 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.''.
TITLE VII--OTHER MATTERS
SEC. 701. 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 on 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. 702. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA.
(a) In General.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is
amended to read as follows:
``SEC. 1683. ESTABLISHMENT OF UNIDENTIFIED AEROSPACE-UNDERSEA
PHENOMENA JOINT PROGRAM OFFICE.
``(a) Establishment of Office.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, the Secretary of Defense, in coordination
with the Director of National Intelligence, shall establish
an office within a component of the Office of the Secretary
of Defense, or within a joint organization of the Department
of Defense and the Office of the Director of National
Intelligence, to carry out the duties of the Unidentified
Aerial Phenomena Task Force, as in effect on December 26,
2021, and such other duties as are required by this section,
including those pertaining to--
``(A) transmedium objects or devices and unidentified
aerospace-undersea phenomena;
``(B) space, atmospheric, and water domains; and
``(C) currently unknown technology and other domains.
``(2) Designation.--The office established under paragraph
(1) shall be known as the `Unidentified Aerospace-Undersea
Phenomena Joint Program Office' (in this section referred to
as the `Office').
``(b) Director and Deputy Director of the Office.--
``(1) Appointment of director.--The head of the Office
shall be the Director of the Unidentified Aerospace-Undersea
Phenomena Joint Program Office (in this section referred to
as the `Director of the Office'), who shall be appointed by
the Secretary of Defense.
``(2) Appointment of deputy director.--There shall be in
the Office a Deputy Director of the Unidentified Aerospace-
Undersea Phenomena Joint Program Office (in this section
referred to as the `Deputy Director of the Office'), who
shall be appointed by the Director of National Intelligence.
``(3) Reporting.--(A) The Director of the Office shall
report to the Secretary of Defense.
``(B) The Deputy Director of the Office shall report--
``(i) to the Secretary of Defense and the Director of
National Intelligence on all administrative matters of the
Office; and
``(ii) to the Secretary of Defense on all operational
matters of the Office.
``(c) Duties.--The duties of the Office shall include the
following:
``(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents,
including adverse physiological effects, regarding
unidentified aerospace-undersea phenomena across the
Department of Defense and the intelligence community, in
consultation with the Director of National Intelligence, and
submitting a report on such procedures to the congressional
defense committees, the congressional intelligence
committees, and congressional leadership.
``(2) Developing processes and procedures to ensure that
such incidents from each component of the Department and each
element of the intelligence community are reported and
incorporated in a centralized repository.
``(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
``(4) Evaluating links between unidentified aerospace-
undersea phenomena and adversarial foreign governments, other
foreign governments, or nonstate actors.
``(5) Evaluating the threat that such incidents present to
the United States.
``(6) Coordinating with other departments and agencies of
the Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and the Department of Energy.
``(7) Coordinating with allies and partners of the United
States, as appropriate, to better assess the nature and
extent of unidentified aerospace-undersea phenomena.
``(8) Preparing reports for Congress, in both classified
and unclassified form, including under subsection (j).
``(9) Ensuring that appropriate elements of the
intelligence community receive all reports received by the
Office regarding a temporary nonattributed object or an
object that is positively identified as man-made, including
by creating a procedure to ensure that the Office refers such
reports to an appropriate element of the intelligence
community for distribution among other relevant elements of
the intelligence community, in addition to the reports in the
repository described in paragraph (2).
``(d) Response to and Field Investigations of Unidentified
Aerospace-undersea Phenomena.--
``(1) Designation.--The Secretary, in coordination with the
Director of National Intelligence, shall designate one or
more line organizations within the Department of Defense and
the intelligence community that possess appropriate
expertise, authorities, accesses, data, systems, platforms,
and capabilities to rapidly respond to, and conduct field
investigations of, incidents involving unidentified
aerospace-undersea phenomena under the direction of the
Director of the Office.
``(2) Ability to respond.--The Secretary, in coordination
with the Director of National Intelligence, shall ensure that
each line organization designated under paragraph (1) has
adequate personnel with the requisite expertise, equipment,
transportation, and other resources necessary to respond
rapidly to incidents or patterns of observations involving
unidentified aerospace-undersea phenomena of which the Office
becomes aware.
``(e) Scientific, Technological, and Operational Analyses
of Data on Unidentified Aerospace-undersea Phenomena.--
``(1) Designation.--The Secretary, in coordination with the
Director of National Intelligence, shall designate one or
more line organizations that will be primarily responsible
for scientific, technical, and operational analysis of data
gathered by field investigations conducted pursuant to
subsection (d) and data from other sources, including with
respect to the testing of materials, medical studies, and
development of theoretical models, to better understand and
explain unidentified aerospace-undersea phenomena.
``(2) Authority.--The Secretary and the Director of
National Intelligence shall each issue such directives as are
necessary to ensure that each line organization designated
under paragraph (1) has authority to draw on the special
expertise of persons outside the Federal Government with
appropriate security clearances.
``(f) Data; Intelligence Collection.--
``(1) Availability of data and reporting on unidentified
aerospace-undersea phenomena.--The Director of National
Intelligence and the Secretary shall each, in coordination
with one another, ensure that--
``(A) each element of the intelligence community with data
relating to unidentified aerospace-undersea phenomena makes
such data available immediately to the Office; and
``(B) military and civilian personnel of the Department of
Defense or an element of the intelligence community, and
contractor personnel of the Department or such an element,
have access to procedures by which the personnel shall report
incidents or information, including adverse physiological
effects, involving or associated with unidentified aerospace-
undersea phenomena directly to the Office.
``(2) Intelligence collection and analysis plan.--The
Director of the Office, acting on behalf of the Secretary of
Defense and the Director of National Intelligence, shall
supervise the development and execution of an intelligence
collection and analysis plan to gain as much knowledge as
possible regarding the technical and operational
characteristics, origins, and intentions of unidentified
aerospace-undersea phenomena, including with respect to the
development, acquisition, deployment, and operation of
technical collection capabilities necessary to detect,
identify, and scientifically characterize unidentified
aerospace-undersea phenomena.
``(3) Use of resources and capabilities.--In developing the
plan under paragraph (2), the Director of the Office shall
consider and propose, as the Director of the Office
determines appropriate, the use of any resource, capability,
asset, or process of the Department and the intelligence
community.
``(4) Director of the national geospatial-intelligence
agency.--
[[Page S5416]]
``(A) Leadership.--The Director of the National Geospatial-
Intelligence Agency shall lead the collection efforts of the
intelligence community with respect to unidentified
aerospace-undersea phenomena geospatial intelligence.
``(B) Briefings.--Not later than 90 days after the date of
the enactment of the Intelligence Authorization Act for
Fiscal Year 2023 and not less frequently than once every 90
days thereafter, the Director shall brief the congressional
defense committees, the congressional intelligence
committees, and congressional leadership on the activities of
the Director under this paragraph.
``(g) Science Plan.--The Director of the Office, on behalf
of the Secretary and the Director of National Intelligence,
shall supervise the development and execution of a science
plan to develop and test, as practicable, scientific theories
to--
``(1) account for characteristics and performance of
unidentified aerospace-undersea phenomena that exceed the
known state of the art in science or technology, including in
the areas of propulsion, aerodynamic control, signatures,
structures, materials, sensors, countermeasures, weapons,
electronics, and power generation; and
``(2) provide the foundation for potential future
investments to replicate or otherwise better understand any
such advanced characteristics and performance.
``(h) Assignment of Priority.--The Director of National
Intelligence, in consultation with, and with the
recommendation of the Secretary, shall assign an appropriate
level of priority within the National Intelligence Priorities
Framework to the requirement to understand, characterize, and
respond to unidentified aerospace-undersea phenomena.
``(i) Core Group.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, the Director of the Office, the Secretary
of Defense, and the Director of National Intelligence shall
jointly establish a core group within the Office that shall
include, at a minimum, representatives with all relevant and
appropriate security clearances from the following:
``(1) The Central Intelligence Agency.
``(2) The National Security Agency.
``(3) The Department of Energy.
``(4) The National Reconnaissance Office.
``(5) The Air Force.
``(6) The Space Force.
``(7) The Defense Intelligence Agency.
``(8) The National Geospatial-Intelligence Agency.
``(9) The Department of Homeland Security.
``(j) Annual Reports.--
``(1) Reports from director of national intelligence.--
``(A) Requirement.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, and annually thereafter for 4 years, the
Director of National Intelligence, in consultation with the
Secretary, shall submit to the appropriate congressional
committees a report on unidentified aerospace-undersea
phenomena.
``(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the year covered by the report, the
following information:
``(i) All reported unidentified aerospace-undersea
phenomena-related events that occurred during the one-year
period.
``(ii) All reported unidentified aerospace-undersea
phenomena-related events that occurred during a period other
than that one-year period but were not included in an earlier
report.
``(iii) An analysis of data and intelligence received
through each reported unidentified aerospace-undersea
phenomena-related event.
``(iv) An analysis of data relating to unidentified
aerospace-undersea phenomena collected through--
``(I) geospatial intelligence;
``(II) signals intelligence;
``(III) human intelligence; and
``(IV) measurement and signature intelligence.
``(v) The number of reported incidents of unidentified
aerospace-undersea phenomena over restricted airspace of the
United States during the one-year period.
``(vi) An analysis of such incidents identified under
clause (v).
``(vii) Identification of potential aerospace or other
threats posed by unidentified aerospace-undersea phenomena to
the national security of the United States.
``(viii) An assessment of any activity regarding
unidentified aerospace-undersea phenomena that can be
attributed to one or more adversarial foreign governments.
``(ix) Identification of any incidents or patterns
regarding unidentified aerospace-undersea phenomena that
indicate a potential adversarial foreign government may have
achieved a breakthrough aerospace capability.
``(x) An update on the coordination by the United States
with allies and partners on efforts to track, understand, and
address unidentified aerospace-undersea phenomena.
``(xi) An update on any efforts underway on the ability to
capture or exploit discovered unidentified aerospace-undersea
phenomena.
``(xii) An assessment of any health related effects for
individuals that have encountered unidentified aerospace-
undersea phenomena.
``(xiii) The number of reported incidents, and descriptions
thereof, of unidentified aerospace-undersea phenomena
associated with military nuclear assets, including strategic
nuclear weapons and nuclear-powered ships and submarines.
``(xiv) In consultation with the Administrator for Nuclear
Security, the number of reported incidents, and descriptions
thereof, of unidentified aerospace-undersea phenomena
associated with facilities or assets associated with the
production, transportation, or storage of nuclear weapons or
components thereof.
``(xv) In consultation with the Chairman of the Nuclear
Regulatory Commission, the number of reported incidents, and
descriptions thereof, of unidentified aerospace-undersea
phenomena or drones of unknown origin associated with nuclear
power generating stations, nuclear fuel storage sites, or
other sites or facilities regulated by the Nuclear Regulatory
Commission.
``(xvi) The names of the line organizations that have been
designated to perform the specific functions under
subsections (d) and (e), and the specific functions for which
each such line organization has been assigned primary
responsibility.
``(C) Form.--Each report submitted under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
``(2) Reports from elements of intelligence community.--Not
later than one year after the date of enactment of the
Intelligence Authorization Act for Fiscal Year 2023, and
annually thereafter, each head of an element of the
intelligence community shall submit to the congressional
committees specified in subparagraphs (A), (B), (D), and (E)
of subsection (o)(1) and congressional leadership a report on
the activities of the element of the head undertaken in the
past year to support the Office, including a section prepared
by the Office that includes a detailed description of the
coordination between the Office and the element of the
intelligence community, any concerns with such coordination,
and any recommendations for improving such coordination.
``(k) Semiannual Briefings.--
``(1) Requirement.--Not later than December 31, 2022, and
not less frequently than semiannually thereafter until
December 31, 2026, the Director of the Office shall provide
to the congressional committees specified in subparagraphs
(A), (B), (D), and (E) of subsection (o)(1) classified
briefings on unidentified aerospace-undersea phenomena.
``(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving
unidentified aerospace-undersea phenomena that were reported
to the Unidentified Aerial Phenomena Task Force or to the
Office established under subsection (a) after June 24, 2021,
regardless of the date of occurrence of the incident.
``(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph (2)
shall include, at a minimum, all events relating to
unidentified aerospace-undersea phenomena that occurred
during the previous 180 days, and events relating to
unidentified aerospace-undersea phenomena that were not
included in an earlier briefing.
``(4) Instances in which data was not shared.--For each
briefing period, the Director of the Office shall jointly
provide to the chairman or chair and the ranking member or
vice chairman of the congressional committees specified in
subparagraphs (A) and (D) of subsection (o)(1) an enumeration
of any instances in which data relating to unidentified
aerospace-undersea phenomena was not provided to the Office
because of classification restrictions on that data or for
any other reason.
``(l) Quarterly Briefings.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, and not less frequently than once every 90
days thereafter, the Director of the Office shall provide the
appropriate congressional committees and congressional
leadership briefings on unidentified aerospace-undersea
phenomena events.
``(2) Elements.--The briefings provided under paragraph (1)
shall include the following:
``(A) A continuously updated compendium of unidentified
aerospace-undersea phenomena events.
``(B) Details about each sighting that has occurred within
the past 90 days and the status of each sighting's
resolution.
``(C) Updates on the Office's collection activities and
posture, analysis, and research.
``(m) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the work of the Office, including with respect to--
``(1) general intelligence gathering and intelligence
analysis; and
``(2) strategic defense, space defense, defense of
controlled air space, defense of ground, air, or naval
assets, and related purposes.
``(n) Task Force Termination.--Not later than the date on
which the Secretary establishes the Office under subsection
(a), the Secretary shall terminate the Unidentified Aerial
Phenomena Task Force.
``(o) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the following:
``(A) The Committees on Armed Services of the Senate and
the House of Representatives.
``(B) The Committees on Appropriations of the Senate and
the House of Representatives.
``(C) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
[[Page S5417]]
``(D) The Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives.
``(E) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives.
``(2) The term `congressional defense committees' has the
meaning given such term in section 101(a) of title 10, United
States Code.
``(3) The term `congressional intelligence committees' has
the meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(4) 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.
``(5) 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).
``(6) The term `line organization' means, with respect to a
department or agency of the Federal Government, an
organization that executes programs and activities to
directly advance the core functions and missions of the
department or agency to which the organization is
subordinate, but, with respect to the Department of Defense,
does not include a component of the Office of the Secretary
of Defense.
``(7) The term `transmedium objects or devices' means
objects or devices that are--
``(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of water;
and
``(B) not immediately identifiable.
``(8) The term `unidentified aerospace-undersea
phenomena'--
``(A) means--
``(i) airborne objects that are not immediately
identifiable;
``(ii) transmedium objects or devices; and
``(iii) submerged objects or devices that are not
immediately identifiable and that display behavior or
performance characteristics suggesting that the objects or
devices may be related to the objects or devices described in
subparagraph (A) or (B); and
``(B) does not include temporary nonattributed objects or
those that are positively identified as man-made.''.
(b) Delegation of Duties of Director of National
Intelligence.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall select a full-time equivalent employee of the
intelligence community and delegate to such employee the
responsibilities of the Director under section 1683 of such
Act (50 U.S.C. 3373), as amended by subsection (a).
(c) Clerical Amendment.--The table of contents in section
2(b) of such Act is amended by striking the item relating to
section 1683 of division A and inserting the following new
item:
``Sec. 1683. Establishment of Unidentified Aerospace-Undersea Phenomena
Joint Program Office.''.
SEC. 703. UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA REPORTING
PROCEDURES.
(a) Authorization for Reporting.--Notwithstanding the terms
of any nondisclosure written or oral agreement, order, or
other instrumentality or means, that could be interpreted as
a legal constraint on reporting by a witness of an
unidentified aerospace-undersea phenomena, reporting in
accordance with the system established under subsection (b)
is hereby authorized and shall be deemed to comply with any
regulation or order issued under the authority of Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information) or chapter 18 of the Atomic
Energy Act of 1954 (42 U.S.C. 2271 et seq.).
(b) System for Reporting.--
(1) Establishment.--The head of the Office, on behalf of
the Secretary of Defense and the Director of National
Intelligence, shall establish a secure system for receiving
reports of--
(A) any event relating to unidentified aerospace-undersea
phenomena; and
(B) any Government or Government contractor activity or
program related to unidentified aerospace-undersea phenomena.
(2) Protection of systems, programs, and activity.--The
system established pursuant to paragraph (1) shall serve as a
mechanism to prevent unauthorized public reporting or
compromise of properly classified military and intelligence
systems, programs, and related activity, including all
categories and levels of special access and compartmented
access programs, current, historical, and future.
(3) Administration.--The system established pursuant to
paragraph (1) shall be administered by designated and widely
known, easily accessible, and appropriately cleared
Department of Defense and intelligence community employees or
contractors assigned to the Unidentified Aerial Phenomena
Task Force or the Office.
(4) Sharing of information.--The system established under
paragraph (1) shall provide for the immediate sharing with
Office personnel and supporting analysts and scientists of
information previously prohibited from reporting under any
nondisclosure written or oral agreement, order, or other
instrumentality or means, except in cases where the cleared
Government personnel administering such system conclude that
the preponderance of information available regarding the
reporting indicates that the observed object and associated
events and activities likely relate to a special access
program or compartmented access program that, as of the date
of the reporting, has been explicitly and clearly reported to
the congressional defense committees and congressional
intelligence committees, and is documented as meeting those
criteria.
(5) Initial report and publication.--Not later than 180
days after the date of the enactment of this Act, the head of
the Office, on behalf of the Secretary and the Director,
shall--
(A) submit to the congressional intelligence committees,
the congressional defense committees, and congressional
leadership a report detailing the system established under
paragraph (1); and
(B) make available to the public on a website of the
Department of Defense information about such system,
including clear public guidance for accessing and using such
system and providing feedback about the expected timeline to
process a report.
(6) Annual reports.--Subsection (j)(1) of section 1683 of
the National Defense Authorization Act for Fiscal Year 2022
(50 U.S.C. 3373), as amended by section 703, is further
amended--
(A) in subparagraph (A), by inserting ``and congressional
leadership'' after ``appropriate congressional committees'';
and
(B) in subparagraph (B), by adding at the end the following
new clause:
``(xvii) A summary of the reports received using the system
established under section 703(b)(1) of the Intelligence
Authorization Act for Fiscal Year 2023.''.
(c) Records of Nondisclosure Agreements.--
(1) Identification of nondisclosure agreements.--The
Secretary of Defense, the Director of National Intelligence,
the Secretary of Homeland Security, the heads of such other
departments and agencies of the Federal Government that have
supported investigations of the types of events covered by
subparagraph (A) of subsection (b)(1) and activities and
programs described in subparagraph (B) of such subsection,
and contractors of the Federal Government supporting such
activities and programs shall conduct comprehensive searches
of all records relating to nondisclosure orders or agreements
or other obligations relating to the types of events
described in subsection (a) and provide copies of all
relevant documents to the Office.
(2) Submittal to congress.--The head of the Office shall--
(A) make the records compiled under paragraph (1)
accessible to the congressional intelligence committees, the
congressional defense committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, and congressional leadership; and
(B) not later than September 30, 2023, and at least once
each fiscal year thereafter through fiscal year 2026, provide
to such committees and congressional leadership briefings and
reports on such records.
(d) Protection From Liability.--
(1) Protection from liability.--It shall not be a violation
of any law, and no cause of action shall lie or be maintained
in any court or other tribunal against any person, for
reporting any information through, and in compliance with,
the system established pursuant to subsection (b)(1).
(2) Prohibition on reprisals.--An employee of a Federal
agency and an employee of a contractor for the Federal
Government who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with
respect to such authority, take or fail to take, or threaten
to take or fail to take, a personnel action, including the
revocation or suspension of security clearances, with respect
to any individual as a reprisal for any reporting as
described in paragraph (1).
(e) Review by Inspectors General.--Not later than one year
after the date of the enactment of this Act, the Inspector
General of the Department of Defense and the Inspector
General of the Intelligence Community shall each--
(1) conduct an assessment of the compliance with the
requirements of this section and the operation and efficacy
of the system established under subsection (b); and
(2) submit to the congressional intelligence committees,
the congressional defense committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, and congressional leadership a report on
their respective findings with respect to the assessments
they conducted under paragraph (1).
(f) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the
meaning given such term in section 101(a) of title 10, United
States Code.
(2) 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) The term ``Office'' means the office established under
section 1683(a) of the National Defense Authorization Act for
Fiscal
[[Page S5418]]
Year 2022 (50 U.S.C. 3373(a)), as amended by section 703.
(4) The term ``personnel action'' has the meaning given
such term in section 1104(a) of the National Security Act of
1947 (50 U.S.C. 3234(a)).
(5) The term ``unidentified aerospace-undersea phenomena''
has the meaning given such term in section 1683(o) of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(o)), as amended by section 703.
SEC. 704. COMPTROLLER GENERAL OF THE UNITED STATES
COMPILATION OF UNIDENTIFIED AEROSPACE-UNDERSEA
PHENOMENA RECORDS.
(a) Definition of Unidentified Aerospace-undersea
Phenomena.--In this section, the term ``unidentified
aerospace-undersea phenomena'' has the meaning given such
term in section 1683(o) of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373(o)), as amended by
section 703.
(b) Compilation Required.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General of the United States shall--
(1) commence a review of the records and documents of the
intelligence community, oral history interviews, open source
analytic analysis, interviews of current and former
government officials, classified and unclassified national
archives (including those records any third party obtained
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'' or
``FOIA'')), and such other relevant historical sources as the
Comptroller General considers appropriate; and
(2) for the period beginning on January 1, 1947, and ending
on the date on which the Comptroller General completes
activities under this subsection, compile and itemize a
complete historical record of the intelligence community's
involvement with unidentified aerospace-undersea phenomena,
including successful or unsuccessful efforts to identify and
track unidentified aerospace-undersea phenomena, and any
intelligence community efforts to obfuscate, manipulate
public opinion, hide, or otherwise provide unclassified or
classified misinformation about unidentified aerospace-
undersea phenomena or related activities, based on the review
conducted under paragraph (1).
(c) Report.--
(1) In general.--Not later than 180 days after the date on
which the Comptroller General completes the compilation and
itemization required by subsection (b)(2), the Comptroller
General shall submit to Congress a report summarizing the
historical record described in such subsection.
(2) Resources.--The report submitted under paragraph (1)
shall include citations to the resources relied upon and
instructions as to how the resources can be accessed.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex as necessary.
(d) Cooperation of Intelligence Community.--The heads of
elements of the intelligence community whose participation
the Comptroller General deems necessary to carry out
subsections (b) and (c), including the Director of National
Intelligence, the Under Secretary of Defense for Intelligence
and Security, and the Director of the Unidentified Aerospace-
Undersea Phenomena Joint Program Office, shall fully
cooperate with the Comptroller General and provide to the
Comptroller General such information as the Comptroller
General determines necessary to carry out such subsections.
(e) Access to Records of the National Archives and Records
Administration.--The Archivist of the United States shall
make available to the Comptroller General such information
maintained by the National Archives and Records
Administration, including classified information, as the
Comptroller General considers necessary to carry out
subsections (b) and (c).
SEC. 705. OFFICE OF GLOBAL COMPETITION ANALYSIS.
(a) Definitions.--In this section:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(2) Office.--The term ``Office'' means the Office of Global
Competition Analysis established under subsection (b).
(b) Establishment.--
(1) In general.--The President shall establish an office
for analysis of global competition.
(2) Purposes.--The purposes of the Office are as follows:
(A) To carry out a program of analysis relevant to United
States leadership in technology and innovation sectors
critical to national security and economic prosperity
relative to other countries, particularly those countries
that are strategic competitors of the United States.
(B) To support policy development and decisionmaking across
the Federal Government to ensure United States leadership in
technology and innovation sectors critical to national
security and economic prosperity relative to other countries,
particularly those countries that are strategic competitors
of the United States.
(3) Designation.--The office established under paragraph
(1) shall be known as the ``Office of Global Competition
Analysis''.
(c) Activities.--In accordance with the priorities
determined under subsection (d), the Office shall--
(1) subject to subsection (f), acquire, access, use, and
handle data or other information relating to the purposes of
the Office under subsection (b);
(2) conduct long- and short-term analyses regarding--
(A) United States policies that enable technological
competitiveness relative to those of other countries,
particularly with respect to countries that are strategic
competitors of the United States;
(B) United States science and technology ecosystem
elements, including technology innovation, development,
advanced manufacturing, supply chain resiliency, workforce,
and production, relative to those of other countries,
particularly with respect to countries that are strategic
competitors of the United States;
(C) United States competitiveness in technology and
innovation sectors critical to national security and economic
prosperity relative to other countries, including the
availability and scalability of United States technology in
such sectors abroad, particularly with respect to countries
that are strategic competitors of the United States;
(D) trends and trajectories, including rate of change in
technologies, related to technology and innovation sectors
critical to national security and economic prosperity;
(E) threats to United States' national security interests
as a result of any foreign country's dependence on
technologies of strategic competitors of the United States;
and
(F) threats to United States interests based on
dependencies on foreign technologies critical to national
security and economic prosperity;
(3) solicit input on technology and economic trends, data,
and metrics from relevant private sector stakeholders and
engage with academia to inform the analyses under paragraph
(2); and
(4) to the greatest extent practicable and as may be
appropriate, ensure that versions of the analyses under
paragraph (2) are unclassified.
(d) Determination of Priorities.--On a periodic basis, the
Director of the Office of Science and Technology Policy, the
Assistant to the President for Economic Policy, the Assistant
to the President for National Security Affairs, the Secretary
of Commerce, the Director of National Intelligence, the
Secretary of Defense, the Secretary of Energy, the Secretary
of State, and the Secretary of Homeland Security shall, in
coordination with such heads of Executive agencies as such
Directors, Assistants, and Secretaries jointly consider
appropriate, jointly determine the priorities of the Office
with respect to subsection (b)(2)(A), considering, as may be
appropriate, the strategies and reports under subtitle B of
title VI of the Research and Development, Competition, and
Innovation Act (Public Law 117-167).
(e) Administration.--To carry out the purposes set forth
under subsection (b)(2), the Office shall enter into an
agreement with a Federally funded research and development
center, a university affiliated research center, or a
consortium of federally funded research and development
centers and university-affiliated research centers.
(f) Acquisition, Access, Use, and Handling of Data or
Information.--In carrying out the activities under subsection
(c), the Office--
(1) shall acquire, access, use, and handle data or
information in a manner consistent with applicable provisions
of law and policy and subject to any restrictions required by
the source of the information;
(2) shall have access to all information, data, or reports
of any Executive agency that the Office determines necessary
to carry out this section upon written request, consistent
with due regard for the protection from unauthorized
disclosure of classified information relating to sensitive
intelligence sources and methods or other exceptionally
sensitive matters; and
(3) may obtain commercially available information that may
not be publicly available.
(g) Additional Support.--A head of an Executive agency may
provide to the Office such support, in the form of financial
assistance and personnel, as the head considers appropriate
to assist the Office in carrying out any activity under
subsection (c), consistent with the priorities determined
under subsection (d).
(h) Annual Report.--Not less frequently than once each
year, the Office shall submit to Congress a report on the
activities of the Office under this section, including a
description of the priorities under subsection (d) and any
support, disaggregated by Executive agency, provided to the
Office consistent with subsection (g) in order to advance
those priorities.
(i) Plans .--Before establishing the Office under
subsection (b)(1), the President shall submit to the
appropriate committees of Congress a report detailing plans
for--
(1) the administrative structure of the Office, including--
(A) a detailed spending plan that includes administrative
costs; and
(B) a disaggregation of costs associated with carrying out
subsection (e)(1);
(2) ensuring consistent and sufficient funding for the
Office; and
(3) coordination between the Office and relevant Executive
agencies.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal year 2023.
[[Page S5419]]
SEC. 706. REPORT ON TRACKING AND COLLECTING PRECURSOR
CHEMICALS USED IN THE PRODUCTION OF SYNTHETIC
OPIOIDS.
(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 and the Committee on
Appropriations of the Senate; and
(3) the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the appropriate
committees of Congress a report on--
(1) any gaps or challenges related to tracking licit
precursor chemicals that are bound for illicit use in the
production of synthetic opioids; and
(2) any gaps in authorities related to the collection of
licit precursor chemicals that have been routed toward
illicit supply chains.
(c) Form of Report.--The report submitted under subsection
(b) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 707. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE
WESTERN HEMISPHERE.
(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, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the House
of Representatives.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall assess, and submit to the congressional
intelligence committees a report on--
(1) the threats to the interests of the United States
created or enhanced by, or associated with, the mass
migration of people within the Western Hemisphere,
particularly to the southern border of the United States;
(2) the use of or the threat of using mass migration in the
Western Hemisphere by the regime of Nicolas Maduro in
Venezuela and the regime of Miguel Diaz-Canel and Raul Castro
in Cuba--
(A) to effectively curate populations so that people who
remain in those countries are powerless to meaningfully
dissent;
(B) to extract diplomatic concessions from the United
States; and
(C) to enable the increase of remittances from migrants
residing in the United States as a result of the mass
migration to help finance the regimes in Venezuela and Cuba;
and
(3) any gaps in resources, collection capabilities, or
authorities relating to the ability of the intelligence
community to timely identify the threats described in
paragraphs (1) and (2), and recommendations for addressing
those gaps.
(c) Form of Report.--The report submitted under subsection
(b) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 708. NOTIFICATIONS REGARDING TRANSFERS OF DETAINEES AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) Definitions.--In this section:
(1) Appropriate members of congress.--The term
``appropriate Members of Congress'' means--
(A) the majority leader and the minority leader of the
Senate;
(B) the Chairman and Ranking Member of the Committee on
Armed Services of the Senate;
(C) the Chairman and Vice Chairman of the Select Committee
on Intelligence of the Senate;
(D) the Chairman and Vice Chairman of the Committee on
Appropriations of the Senate;
(E) the Chairman and Ranking Member of the Committee on
Foreign Relations of the Senate;
(F) the Speaker of the House of Representatives;
(G) the minority leader of the House of Representatives;
(H) the Chairman and Ranking Member of the Committee on
Armed Services of the House of Representatives;
(I) the Chairman and Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives;
(J) the Chair and Ranking Member of the Committee on
Appropriations of the House of Representatives; and
(K) the Chairman and Ranking Member of the Committee on
Foreign Affairs of the House of Representatives.
(2) Executive order 13567.--The term ``Executive Order
13567'' means Executive Order 13567 (10 U.S.C. 801 note;
relating to periodic review of individuals detained at
Guantanamo Bay Naval Station pursuant to the Authorization
for Use of Military Force).
(3) Individual detained at guantanamo.--The term
``individual detained at Guantanamo'' has the meaning given
that term in section 1034(f)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 971; 10 U.S.C. 801 note).
(4) Periodic review board.--The term ``Periodic Review
Board'' has the meaning given that term in section 9 of
Executive Order 13567 or successor order.
(5) Review committee.--The term ``Review Committee'' has
the meaning given that term in section 9 of Executive Order
13567 or successor order.
(b) Notifications Required.--
(1) Eligibility for transfer.--Not later than 3 days after
a Periodic Review Board or Review Committee makes a final
determination that the continued law of war detention of an
individual detained at Guantanamo is not warranted, and
consistent with Executive Order 13567 or successor order, the
Secretary of Defense shall submit to the appropriate Members
of Congress a notification of that determination.
(2) Transfer.--
(A) In general.--In any circumstance in which a
certification referred to in paragraph (1) of section 1034(a)
of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note)
concerning the transfer of an individual detained at
Guantanamo is not required pursuant to paragraph (2) of that
section, not less than 30 days prior to the transfer of the
individual, the Secretary of Defense, with the concurrence of
the Secretary of State, shall submit to the appropriate
Members of Congress a notification of the transfer.
(B) Matters to be included.--Each notification submitted
under subparagraph (A) shall include the following:
(i) The name and country of origin of the individual to be
transferred.
(ii) The country to which the individual will be
transferred and the rationale for transferring the individual
to that particular country.
(iii) An estimated date of transfer and the basis therefor.
SEC. 709. REPORT ON INTERNATIONAL NORMS, RULES, AND
PRINCIPLES APPLICABLE IN SPACE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence and the Secretary of State, in coordination with
the Secretary of Defense, the Secretary of Commerce, the
Administrator of the National Aeronautics and Space
Administration, and the heads of any other agencies as the
Director considers necessary, shall jointly submit to
Congress a report on international norms, rules, and
principles applicable in space.
(b) Elements.--The report submitted under subsection (a)
shall--
(1) identify threats to the interests of the United States
in space that may be mitigated by international norms, rules,
and principles, including such norms, rules, and principles
relating to developments in dual-use technology; and
(2) identify opportunities for the United States to
influence international norms, rules, and principles
applicable in space, including through bilateral and
multilateral engagement.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 710. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED
WITH RESPECT TO THE RUSSIAN FEDERATION'S
INVASION OF UKRAINE.
(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
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
(b) In General.--Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter for
3 years, the Director of National Intelligence shall submit
to the appropriate committees of Congress an assessment of
the cumulative and material effects of the sanctions imposed
by the United States, European countries, and the
international community with respect to the Russian
Federation in response to the February 24, 2022, invasion of
Ukraine and subsequent actions by the Russian Federation.
(c) Elements.--Each assessment submitted under subsection
(b) shall include the following:
(1) A description of efforts by the Russian Federation to
evade or circumvent sanctions imposed by the United States,
European countries, or the international community through
direct or indirect engagement or direct or indirect
assistance from--
(A) the regimes in Cuba and Nicaragua and the regime of
Nicolas Maduro in Venezuela;
(B) the People's Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers appropriate.
[[Page S5420]]
(2) An assessment of the cumulative effect of the efforts
described in paragraph (1), including on the Russian
Federation's strategic relationship with the regimes and
countries described in such paragraph.
(3) A description of the material effect of the sanctions
described in subsection (b), including the effect of those
sanctions on senior leadership, senior military officers,
state-sponsored actors, and other state-affiliated actors in
the Russian Federation that are either directly or
incidentally subject to those sanctions.
(4) A description of any developments by other countries in
creating alternative payment systems as a result of the
invasion of Ukraine.
(5) A description of efforts by the Russian Federation to
evade sanctions using digital assets and a description of any
related intelligence gaps.
(6) An assessment of how countries have assessed the risk
of holding reserves in United States dollars since the
February 24, 2022, invasion of Ukraine.
(7) An assessment of the impact of any general licenses
issued in relation to the sanctions described in subsection
(b), including the extent to which authorizations for
internet-based communications have enabled continued
monetization by Russian influence actors.
(d) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and
include a classified annex.
SEC. 711. ASSESSMENTS AND BRIEFINGS ON IMPLICATIONS OF FOOD
INSECURITY THAT MAY RESULT FROM THE RUSSIAN
FEDERATION'S INVASION OF UKRAINE.
(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
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(b) Assessments.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter for 2
years, the Director of National Intelligence shall conduct a
comprehensive assessment of the implications of food
insecurity that may result from the Russian Federation's
invasion of Ukraine.
(2) Elements.--Each assessment conducted under paragraph
(1) shall address the following:
(A) The projected timeline for indicators of any food
insecurity described in paragraph (1) to manifest.
(B) The potential for political instability and security
crises that may occur as a result of any such food
insecurity, disaggregated by region.
(C) Factors that could minimize the potential effects of
any such food insecurity on political instability and
security described in subparagraph (B), disaggregated by
region.
(D) Opportunities for the United States to prevent or
mitigate any such food insecurity.
(c) Briefings.--Not later than 30 days after the date on
which an assessment conducted under subsection (b)(1) is
completed, the Director of National Intelligence shall brief
the appropriate committees of Congress on the findings of the
assessment.
SEC. 712. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF
INVESTIGATION TO UNDERTAKE AN EFFORT TO
IDENTIFY INTERNATIONAL MOBILE SUBSCRIBER
IDENTITY-CATCHERS AND DEVELOP COUNTERMEASURES.
Section 5725 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3024 note; Public Law 116-92) is
amended--
(1) in subsection (a), in the matter before paragraph (1)--
(A) by striking ``The Director of National Intelligence and
the Director of the Federal Bureau of Investigation'' and
inserting ``The Director of the Federal Bureau of
Investigation'';
(B) by inserting ``the Director of National Intelligence,''
before ``the Under Secretary''; and
(C) by striking ``Directors determine'' and inserting
``Director of the Federal Bureau of Investigation
determines'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Pilot Program.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other
Federal, State, or local agencies as the Director of the
Federal Bureau of Investigation determines appropriate, and
in accordance with applicable law and policy, shall conduct a
pilot program designed to implement subsection (a) with
respect to the National Capital Region.
``(2) Commencement; completion.--The Director of the
Federal Bureau of Investigation shall--
``(A) commence carrying out the pilot program required by
paragraph (1) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2023; and
``(B) complete the pilot program not later than 2 years
after the date on which the Director commences carrying out
the pilot program under subparagraph (A).''; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by striking
``Prior'' and all that follows through ``Investigation'' and
inserting ``Not later than 180 days after the date on which
the Director of the Federal Bureau of Investigation
determines that the pilot program required by subsection
(b)(1) is operational, the Director and the Director of
National Intelligence'';
(B) in paragraph (1), by striking ``within the United
States''; and
(C) in paragraph (2), by striking ``by the'' and inserting
``deployed by the Federal Bureau of Investigation and other
elements of the''.
SEC. 713. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND
RESEARCH ASSESSMENT OF ANOMALOUS HEALTH
INCIDENTS.
(a) Appropriate Committees of Congress Defined.--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 90 days after the
date of the enactment of this Act, the Assistant Secretary of
State for Intelligence and Research shall submit to the
appropriate committees of Congress an assessment of the
findings relating to the events that have been collectively
labeled as ``anomalous health incidents''.
(c) Contents.--The assessment submitted under subsection
(b) shall include the following:
(1) Any diplomatic reporting or other relevant information,
including sources and reliability of respective sources, on
the causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information,
including sources and reliability of respective sources, on
any person or entity who may be responsible for such
incidents.
(3) Detailed plans, including metrics, timelines, and
measurable goals, for the Bureau of Intelligence and Research
to understand anomalous health incidents and share findings
with other elements of the intelligence community.
______