[Congressional Record Volume 168, Number 197 (Monday, December 19, 2022)]
[Senate]
[Pages S7306-S7308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      JOINT EXPLANATORY STATEMENT

  Mr. WARNER. Mr. President, this explanation reflects the status of 
negotiations and disposition of issues reached between the Senate 
Select Committee on Intelligence and the House Permanent Select 
Committee on

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Intelligence for the Intelligence Authorization Act for Fiscal Year 
2023.
  The explanation shall have the same effect with respect to the 
implementation of this act as if it were a joint explanatory statement 
of a conference committee.
  I ask unanimous consent that the explanatory statement for the 
Intelligence Authorization Act for Fiscal Year 2023 be printed into the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Explanatory Statement on the Intelligence Authorization Act for Fiscal 
  Year 2023, Submitted by Mr. Schiff, Chairman of the House Permanent 
                    Select Committee on Intelligence

       The following is the Explanatory Statement (the 
     ``Explanatory Statement'') to accompany the Intelligence 
     Authorization Act for Fiscal Year 2023 (``the Act''), which 
     has been included as Division F of the National Defense 
     Authorization Act for Fiscal Year 2023. The Explanatory 
     Statement reflects the result of negotiations between the 
     Senate Select Committee on Intelligence and the House 
     Permanent Select Committee on Intelligence (together, ``the 
     Committees''). The Explanatory Statement shall have the same 
     effect with respect to the implementation of the Act as if it 
     were a joint explanatory statement of a conference committee.
       The classified nature of U.S. intelligence activities 
     prevents the Committees from publicly disclosing many details 
     concerning their final decisions regarding funding levels and 
     policy direction. Therefore, the Committees have prepared a 
     classified annex--referred to here and within the annex 
     itself as ``the Agreement''--that contains a classified 
     Schedule of Authorizations and that describes in detail the 
     scope and intent of the Committees' actions.
       The Agreement authorizes the Intelligence Community (IC) to 
     obligate and expend funds as requested in the President's 
     budget and as modified by the classified Schedule of 
     Authorizations, subject to applicable reprogramming 
     procedures.
       The classified Schedule of Authorizations is incorporated 
     into the Act pursuant to Section 6102 of the Act. It has the 
     status of law. The Agreement supplements and adds detail to 
     clarify the authorization levels found in the Act and in the 
     classified Schedule of Authorizations.
       This Explanatory Statement incorporates by reference, and 
     the Executive Branch shall comply with, all direction 
     contained in the Senate Select Committee on Intelligence 
     Report to accompany the Intelligence Authorization Act for 
     Fiscal Year 2023 (S. Rept. 117-132) and in the House 
     Permanent Select Committee on Intelligence Report to 
     accompany the Intelligence Authorization Act for Fiscal Year 
     2023 (H. Rept. 117-546). The Agreement supersedes all 
     classified direction related to programs and activities 
     authorized by the Schedule of Authorization.
       The Executive Branch is further directed as follows:


Enforcement of Cybersecurity Requirements for National Security Systems

       Section 6309 is intended to codify, for the elements of the 
     IC, the key elements of the ``Memorandum on Improving the 
     Cybersecurity of National Security, Department of Defense, 
     and Intelligence Community Systems'' issued by the White 
     House on January 19, 2022, also known as NSM-08, and any 
     successor policy guidance. The section also requires agencies 
     (1) to meet the deadlines established under those 
     requirements and (2) to prioritize resources in a manner to 
     fully implement the requirements established by the 
     deadlines.


   Intelligence Community Experts Panel on Anomalous Health Incidents

       The Committees are committed to protecting and supporting 
     IC and other federal government personnel who have 
     experienced debilitating, unexplained attacks, or anomalous 
     health incidents, while serving their country. The Committees 
     are also focused on transparency in reporting by those 
     agencies whose personnel have been affected by anomalous 
     health incidents.
       Therefore, the Committees direct that the Central 
     Intelligence Agency (CIA), as part of the reporting required 
     by Section 6412 of the Intelligence Authorization Act for 
     Fiscal Year 2023, submit a plan to implement the 
     recommendations of the IC Experts Panel on Anomalous Health 
     Incidents. The Committees further direct that the Department 
     of State Bureau of Intelligence and Research, as part of the 
     assessment required by Section 6810 of the Intelligence 
     Authorization Act for Fiscal Year 2023, submit a plan to 
     implement the recommendations of the IC Experts Panel on 
     Anomalous Health Incidents.


  Staffing of Office Supporting Central Intelligence Agency Workforce 
                               Wellbeing

       Section 6416 of the Act establishes an Office to support 
     the physical, mental, and overall wellbeing of eligible CIA 
     employees and certain other individuals affiliated with the 
     Agency. The Committees recognize the Agency's need for 
     appropriate flexibility and therefore did not legislatively 
     mandate minimum staffing levels for the Office. However, 
     Section 6416 does require the Director of the CIA to assign 
     to the Office ``a sufficient number of individuals, who shall 
     have no official duties other than duties related to the 
     Office while so assigned.'' The Committees fully expect the 
     Agency, consistent with the Agency's plan that was briefed to 
     the Committees, to staff the office with at least 10 full-
     time individuals. The Committees direct the Agency to 
     promptly notify the Committees if the Office has less than 10 
     individuals assigned to the Office on a full-time basis.


     Intelligence Assessment of Effects of Counterterrorism Strikes

       The Committees direct the Director of the Defense 
     Intelligence Agency (DIA), in coordination with the 
     directorates of intelligence of the combatant commands, to 
     prepare an intelligence assessment of the effects of 
     counterterrorism strikes conducted by the Armed Forces on 
     targets outside of areas of active hostilities during the 5-
     year period preceding the date of the enactment of the Act. 
     The assessment shall include:
       (1) an analysis of the strike's short- and long-term 
     effects on the capability and intent of the terrorist group 
     to conduct external operations, particularly operations 
     targeting the United States, U.S. persons, or U.S. 
     facilities;
       (2) an analysis of the strike's effects on the recruitment 
     of the terrorist group;
       (3) an analysis of the strike's effects on local perception 
     of the terrorist group, the host country, and the United 
     States;
       (4) an identification of the number and quality of finished 
     intelligence products that assessed the effects that a U.S. 
     counterterrorism strike would have, or did have, against 
     specific terrorist individuals or groups; and
       (5) recommendations to improve the efficacy, accuracy, and 
     timeliness of intelligence analysis to increase the strategic 
     effect of counterterrorism strikes.
       The Committees further direct the Director of the DIA to 
     submit to the congressional intelligence committees and the 
     congressional defense committees, within 180 days of the 
     enactment of the Act, a report containing both this 
     intelligence assessment and judgments regarding the following 
     questions:
       (1) What percentage of counterterrorism strikes covered by 
     the intelligence assessment had a short-term effect on the 
     planned external operations of the terrorist group, 
     particularly operations targeting the United States, U.S. 
     persons, or U.S. facilities?
       (2) What percentage of counterterrorism strikes covered by 
     the intelligence assessment had a long-term effect on the 
     planned external operations of the terrorist group, 
     particularly operations targeting the United States, U.S. 
     persons, or U.S. facilities?
       The report may be submitted in classified form, except that 
     the judgments shall be in unclassified form. For purposes of 
     this direction, the term ``counterterrorism strikes'' means 
     an air strike conducted by the U.S. Armed Forces targeting a 
     specific individual that is not a defensive strike conducted 
     to reduce imminent danger to the U.S. Armed Forces or 
     specifically designated partner forces of the United States, 
     and the term ``external operations'' means violent operations 
     conducted outside the terrorist group's country or region of 
     origin.


Report on Efforts of the FBI to Identify and Promote Diverse Candidates

       The Committees direct the Director of the Federal Bureau of 
     Investigation, within 90 days of the enactment of the Act, to 
     submit to the congressional intelligence committees and to 
     post on the public website of the Bureau a statistical report 
     on the status of efforts by the Bureau to identify and 
     promote diverse candidates over the past five fiscal years. 
     For Supervisory Special Agent program managers, Field 
     Supervisory Special Agents, Assistant Special Agents in 
     Charge, Special Agents in Charge, and senior executives, the 
     report shall include tables of figures that break down by 
     race and gender the following information:
       (1) The total number, and the percentage, of Special Agents 
     who applied for such positions;
       (2) The total number, and the percentage, of Special Agents 
     who were interviewed for such positions;
       (3) The total number, and the percentage, of Special Agents 
     who were selected for such positions; and
       (4) The average number of times a Special Agent applied for 
     such position before selection.
       For purposes of this direction, the term ``senior 
     executives'' means Deputy Assistant Director, Assistant 
     Director, Executive Assistant Director, Associate Deputy 
     Director, and Deputy Director.
       The Committees further direct that the report shall 
     include, with respect to GS-14 and GS-15 positions, tables of 
     figures that break down by race and gender the following 
     information:
       (1) The total number of individuals in such positions, and 
     the percentage of such individuals, who retired over the past 
     five fiscal years; and
       (2) The total number of individuals in such positions, and 
     the percentage of such individuals, who retired early over 
     the past five fiscal years.


    Report on Improving Opportunities for Women and Minorities for 
                Promotions in the Intelligence Community

       The Committees direct the Director of National 
     Intelligence, in consultation with the heads of the elements 
     of the IC, to submit to the congressional intelligence 
     committees within 120 days of the enactment of the Act a 
     consolidated report on specific steps taken by each element 
     to enhance opportunities for

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     women and minorities for promotions across all mission 
     categories of the IC, and to reduce the gap among gender, 
     racial, and ethnic categories at senior levels of the IC. The 
     report shall contain a strategic plan from each element of 
     the IC on the following:
       (1) Overcoming any barriers or obstacles identified in the 
     report;
       (2) Proposing new or enhanced mentoring programs or similar 
     workplace forums to support women and minority officers of 
     the IC who are interested in or may qualify for promotion 
     opportunities or other career advancements;
       (3) Recommending additional steps and initiatives to 
     achieve diversity among senior roles in the IC; and
       (4) Addressing any gaps in relevant tools, resources, or 
     authorities.


           Briefings on Intelligence Activities in Cyberspace

       The Committees direct the Secretary of Defense, on a 
     quarterly basis, to provide to the congressional intelligence 
     committees and the congressional defense committees a 
     briefing, with respect to the covered period, on the 
     intelligence activities occurring in cyberspace conducted by 
     United States Cyber Command in support of current and future 
     offensive or defensive cyberspace operations.


   Submission of Certain Legislative Proposals to the Congressional 
                        Intelligence Committees

       The Committees direct the Secretary of Defense to submit to 
     the congressional intelligence committees any legislative 
     proposal that (1) is proposed by the Secretary of Defense to 
     Congress, (2) has been approved by the Office of Management 
     and Budget, and (3) involves a grant, expansion, 
     modification, or cessation of authority involving the 
     intelligence, intelligence-related, or tactical intelligence 
     activities of the Department of Defense. The Committees 
     further direct that any such legislative proposals submitted 
     to the congressional intelligence committees be accompanied 
     by a brief explanation of the proposal.


                 Office of Global Competition Analysis

       The Committees encourage the President to establish an 
     Office of Global Competition Analysis (``the Office'') to 
     conduct analysis relevant to United States leadership in 
     science, technology, and innovation sectors critical to 
     national security and economic prosperity relative to other 
     countries, and to support policy development and decision 
     making across the federal government to ensure United States 
     leadership in science, technology, and innovation sectors 
     critical to national security and economic prosperity 
     relative to other countries, particularly those countries 
     that are strategic competitors of the United States.
       The analysis conducted by the Office should cover:
       (1) 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;
       (2) United States science and technology ecosystem 
     elements, including regional and national research and 
     development capacity, technology innovation, science and 
     engineering education and research workforce relative to 
     those of other countries;
       (3) United States technology development, 
     commercialization, and advanced manufacturing ecosystem 
     elements, including supply chain resiliency, scale-up 
     manufacturing testbeds, access to venture capital and 
     financing, technical and entrepreneurial workforce, and 
     production, relative to those of other countries;
       (4) 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;
       (5) trends and trajectories, including rate of change in 
     technologies, related to technology and innovation sectors 
     critical to national security and economic prosperity;
       (6) 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
       (7) threats to United States interests based on 
     dependencies on foreign technologies critical to national 
     security and economic prosperity.
       The priorities of the Office should be established in 
     coordination with 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, and such other officials as the President 
     considers appropriate.
       In carrying out the activities of the Office, the 
     Committees expect:
       (1) the Office will solicit input on technology and 
     economic trends, data, and metrics from relevant private 
     sector stakeholders, including entities involved in financing 
     technology development and commercialization, and engage with 
     academia to inform the analyses;
       (2) the Office will acquire, access, use, and handle data 
     or information in a manner consistent with applicable 
     provisions of law and policy, including laws and policies 
     providing for the protection of privacy and civil liberties, 
     and subject to any restrictions required by the source of the 
     information.
       (3) the Office will receive access, upon written request, 
     to all information, data, or reports of any Executive agency 
     that the Office determines necessary to carry out its 
     activities, to include commercially available information 
     that may not be publicly available; and
       (4) consistent with applicable law, the heads of 
     departments or agencies within the Executive will detail 
     personnel to the Office in order to assist the Office in its 
     activities.
       The Committees direct the President to submit to the 
     appropriate congressional committees, within 180 days of the 
     date of enactment of the Act, a report analyzing the need for 
     the Office, including recommendations regarding the 
     administrative structure of the Office, as well as a detailed 
     spending plan that includes administrative costs.

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