[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2756-S2780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 666. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 2024

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

    DIVISION _--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

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

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by 
              law.

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 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

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

                Subtitle B--Central Intelligence Agency

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

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

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

                     Subtitle B--Russian Federation

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

                  Subtitle C--Other Foreign Countries

Sec. 421. Report on efforts to capture and detain United States 
              citizens as hostages.
Sec. 422. Sense of Congress on priority of fentanyl in National 
              Intelligence Priorities Framework.

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

                      Subtitle A--General Matters

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

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

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

                    TITLE VI--WHISTLEBLOWER MATTERS

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

                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

                  Chapter 1--Short Title; Definitions

Sec. 701. Short title.
Sec. 702. Definitions.

  Chapter 2--Governance and Accountability for Reform of the Security 
                         Classification System

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

                 Chapter 3--Reducing Overclassification

Sec. 721. Classification and declassification of information.
Sec. 722. Declassification working capital funds.
Sec. 723. Transparency officers.

      Chapter 4--Preventing Mishandling of Classified Information

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

                        Chapter 5--Other Matters

Sec. 741. Prohibitions.
Sec. 742. Conforming amendment.
Sec. 743. Clerical amendment.

            Subtitle B--Sensible Classification Act of 2023

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

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

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

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

Sec. 901. Improved funding flexibility for payments made by the Central 
              Intelligence Agency for qualifying injuries to the brain.

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Sec. 902. Clarification of requirements to seek certain benefits 
              relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021 
              authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling 
              of anomalous health incidents.

                       TITLE X--ELECTION SECURITY

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

                        TITLE XI--OTHER MATTERS

Sec. 1101. Modification of reporting requirement for All-domain Anomaly 
              Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous 
              phenomena.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the Federal Government are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany this 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 2024 the sum of $658,950,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2024 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

     SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this division for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH 
                   EXPERIENCE IN FINANCIAL INTELLIGENCE AND 
                   EMERGING TECHNOLOGIES.

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

     SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF 
                   INTELLIGENCE COMMUNITY WORKFORCE.

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

     SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF 
                   THE INTELLIGENCE COMMUNITY.

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

     SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR 
                   COUNTERINTELLIGENCE VULNERABILITY ASSESSMENTS 
                   AND SURVEYS.

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

     SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT 
                   RESTRICTIONS FOR INTELLIGENCE COMMUNITY.

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

[[Page S2759]]

     procedures and guidance relating to the submittal of notice 
     for purposes of clause (i).''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``the restrictions under 
     subsection (a) and'' before ``the report requirements'';
       (B) in paragraph (2), by striking ``ceases to occupy'' and 
     inserting ``occupies''; and
       (C) in paragraph (3)(B), by striking ``before the person 
     ceases to occupy a covered intelligence position'' and 
     inserting ``when the person occupies a covered intelligence 
     position''.

     SEC. 306. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND 
                   SECURITY CENTER.

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

     SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS 
                   DETAINED AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

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

     SEC. 308. DEPARTMENT OF ENERGY REVIEW OF CERTAIN FOREIGN 
                   VISITORS AND ASSIGNEES TO NATIONAL 
                   LABORATORIES.

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

     SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY 
                   RISK ASSESSMENTS.

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

     SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY 
                   FEDERAL BUREAU OF INVESTIGATION RICHMOND, 
                   VIRGINIA, FIELD OFFICE OF CERTAIN DOCUMENT.

       (a) Review Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Department of Justice shall conduct a review of the 
     actions and events, including any underlying policy 
     direction, that served as a basis for the January 23, 2023, 
     dissemination by the field office of the Federal Bureau of 
     Investigation located in Richmond, Virginia, of a document 
     titled ``Interest of Racially or Ethnically Motivated Violent 
     Extremists in

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     Radical-Traditionalist Catholic Ideology Almost Certainly 
     Presents New Mitigation Opportunities.''.
       (b) Submittal to Congress.--The Inspector General of the 
     Department of Justice shall submit to the congressional 
     intelligence committees, the Committee on the Judiciary of 
     the Senate, and the Committee on the Judiciary of the House 
     of Representatives the findings of the Inspector General with 
     respect to the review required by subsection (a).

     SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS.

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

                Subtitle B--Central Intelligence Agency

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

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by inserting after section 15 the 
     following new section:

     ``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) Budget.--The term `budget', with respect to a fiscal 
     year, means the budget for that fiscal year that is submitted 
     to Congress by the President under section 1105(a) of title 
     31, United States Code.
       ``(2) Congressional intelligence committees.--The term 
     `congressional intelligence committees' has the meaning given 
     such term in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003).
       ``(3) Congressional judiciary committees.--The term 
     `congressional judiciary committees' means--
       ``(A) the Committee on the Judiciary of the Senate; and
       ``(B) the Committee on the Judiciary of the House of 
     Representatives.
       ``(4) Congressional transportation and infrastructure 
     committees.--The term `congressional transportation and 
     infrastructure committees' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       ``(5) Covered facility or asset.--The term `covered 
     facility or asset' means the headquarters compound of the 
     Agency and the property controlled and occupied by the 
     Federal Highway Administration located immediately adjacent 
     to such compound (subject to a risk-based assessment as 
     defined for purposes of this section), or any other 
     installation and protected property of the Agency where the 
     facility or asset--
       ``(A) is identified as high risk and a potential target for 
     unlawful unmanned aircraft activity by the Director, in 
     coordination with the Secretary of Transportation, with 
     respect to potentially affected airspace, through a risk-
     based assessment for purposes of this section;
       ``(B) is located in the United States; and
       ``(C) directly relates to one or more functions authorized 
     to be performed by the Agency, pursuant to the National 
     Security Act of 1947 (50 U.S.C. 3001 et seq.) or this Act.
       ``(6) Electronic communication.--The term `electronic 
     communication' has the meaning given such term in section 
     2510 of title 18, United States Code.
       ``(7) Intercept.--The term `intercept' has the meaning 
     given such term in section 2510 of title 18, United States 
     Code.
       ``(8) Radio communication.--The term `radio communication' 
     has the meaning given that term in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153).
       ``(9) Risk-based assessment.--The term `risk-based 
     assessment' includes an evaluation of threat information 
     specific to a covered facility or asset and, with respect to 
     potential effects on the safety and efficiency of the 
     national airspace system and the needs of national security 
     at each covered facility or asset identified by the Director, 
     an evaluation of each of the following factors:
       ``(A) Potential effects on safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems, aviation 
     safety, airport operations, infrastructure, and air 
     navigation services relating to the use of any system or 
     technology for carrying out the actions described in 
     subsection (c)(1).
       ``(B) Options for mitigating any identified effects on the 
     national airspace system relating to the use of any system or 
     technology, including minimizing when possible the use of any 
     system or technology that disrupts the transmission of radio 
     or electronic signals, for carrying out the actions described 
     in subsection (c)(1).
       ``(C) Potential consequences of any actions taken under 
     subsection (c)(1) to the national airspace system and 
     infrastructure, if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of national security.
       ``(E) The setting and character of any covered facility or 
     asset, including whether it is located in a populated area or 
     near other structures, and any potential for interference 
     with wireless communications or for injury or damage to 
     persons or property.
       ``(F) Potential consequences to national security if 
     threats posed by unmanned aircraft systems or unmanned 
     aircraft are not mitigated or defeated.
       ``(10) Oral communication.--The term `oral communication' 
     has the meaning given such term in section 2510 of title 18, 
     United States Code.
       ``(11) United states.--The term `United States' has the 
     meaning given such term in section 5 of title 18, United 
     States Code.
       ``(12) Unmanned aircraft and unmanned aircraft system.--The 
     terms `unmanned aircraft' and `unmanned aircraft system' have 
     the meanings given such terms in section 44801 of title 49, 
     United States Code.
       ``(13) Wire communication.--The term `wire communication' 
     has the meaning given such term in section 2510 of title 18, 
     United States Code.
       ``(b) Authority.--Notwithstanding section 46502 of title 
     49, United States Code, section 32, 1030, or 1367 of title 
     18, United States Code, or chapter 119 or 206 of such title, 
     the Director may take, and may authorize personnel of the 
     Agency with assigned duties that include the security or 
     protection of people, facilities, or assets within the United 
     States, to take--
       ``(1) such actions described in subsection (c)(1) that are 
     necessary to detect, identify, monitor, track, or mitigate a 
     credible threat (as defined by the Director, in consultation 
     with the Secretary of Transportation) that an unmanned 
     aircraft system or unmanned aircraft poses to the safety or 
     security of a covered facility or asset; and
       ``(2) such actions described in subsection (c)(2).
       ``(c) Actions.--
       ``(1) Actions described.--The actions described in this 
     paragraph are the following:
       ``(A) During the operation of the unmanned aircraft system, 
     detect, identify, monitor, and track the unmanned aircraft 
     system or unmanned aircraft, without prior consent, including 
     by means of intercept or other access of a wire 
     communication, an oral communication, or an electronic 
     communication used to control the unmanned aircraft system or 
     unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by doing so passively or 
     actively, and by direct or indirect physical, electronic, 
     radio, and electromagnetic means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent, including by 
     disabling the unmanned aircraft system or unmanned aircraft 
     by intercepting, interfering with, or causing interference 
     with wire, oral, electronic, or radio communications used to 
     control the unmanned aircraft system or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force, if necessary, to seize or 
     otherwise disable, damage, or destroy the unmanned aircraft 
     system or unmanned aircraft.
       ``(2) Research, testing, training, and evaluation.--The 
     Director shall conduct research, testing, and training on, 
     and evaluation of, any equipment, including any electronic 
     equipment, to determine the capability and utility of the 
     equipment prior to the use of the equipment for any action 
     described in paragraph (1). Personnel and contractors who do 
     not have duties that include the safety, security, or 
     protection of people, facilities, or assets may engage in 
     research, testing, training, and evaluation activities 
     pursuant to this section.
       ``(3) Coordination.--
       ``(A) Secretary of transportation.--The Director shall 
     develop the actions described in paragraph (1) in 
     coordination with the Secretary of Transportation.
       ``(B) Administrator of federal aviation administration.--
     The Director shall coordinate with the Administrator of the 
     Federal Aviation Administration on any action described in 
     paragraphs (1) and (3) so the Administrator may ensure that 
     unmanned aircraft system detection and mitigation systems do 
     not adversely affect or interfere with safe airport 
     operations, navigation, air traffic services, or the safe and 
     efficient operation of the national airspace system.
       ``(d) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft described in subsection (b) that is seized by the 
     Director is subject to forfeiture to the United States.

[[Page S2761]]

       ``(e) Regulations and Guidance.--
       ``(1) Issuance.--The Director and the Secretary of 
     Transportation may each prescribe regulations, and shall each 
     issue guidance, to carry out this section.
       ``(2) Coordination.--
       ``(A) Requirement.--The Director shall coordinate the 
     development of guidance under paragraph (1) with the 
     Secretary of Transportation.
       ``(B) Aviation safety.--The Director shall coordinate with 
     the Secretary of Transportation and the Administrator of the 
     Federal Aviation Administration before issuing any guidance, 
     or otherwise implementing this section, so the Administrator 
     may ensure that unmanned aircraft system detection and 
     mitigation systems do not adversely affect or interfere with 
     safe airport operations, navigation, air traffic services, or 
     the safe and efficient operation of the national airspace 
     system.
       ``(f) Privacy Protection.--The regulations prescribed or 
     guidance issued under subsection (e) shall ensure that--
       ``(1) the interception or acquisition of, access to, or 
     maintenance or use of, communications to or from an unmanned 
     aircraft system or unmanned aircraft under this section is 
     conducted in a manner consistent with the First and Fourth 
     Amendments to the Constitution of the United States and 
     applicable provisions of Federal law;
       ``(2) communications to or from an unmanned aircraft system 
     or unmanned aircraft are intercepted or acquired only to the 
     extent necessary to support an action described in subsection 
     (c);
       ``(3) records of such communications are maintained only 
     for as long as necessary, and in no event for more than 180 
     days, unless the Director determines that maintenance of such 
     records for a longer period is required under Federal law or 
     necessary for the investigation or prosecution of a violation 
     of law, to fulfill a duty, responsibility, or function of the 
     Agency, or for the purpose of any litigation;
       ``(4) such communications are not disclosed outside the 
     Agency unless the disclosure--
       ``(A) is necessary to investigate or prosecute a violation 
     of law;
       ``(B) would support the Agency, the Department of Defense, 
     a Federal law enforcement, intelligence, or security agency, 
     or a State, local, tribal, or territorial law enforcement 
     agency, or other relevant person or entity if such entity or 
     person is engaged in a security or protection operation;
       ``(C) is necessary to support a department or agency listed 
     in subparagraph (B) in investigating or prosecuting a 
     violation of law;
       ``(D) would support the enforcement activities of a 
     regulatory agency of the Federal Government in connection 
     with a criminal or civil investigation of, or any regulatory, 
     statutory, or other enforcement action relating to, an action 
     described in subsection (c) that is necessary to fulfill a 
     duty, responsibility, or function of the Agency;
       ``(E) is necessary to protect against dangerous or 
     unauthorized activity by unmanned aircraft systems or 
     unmanned aircraft;
       ``(F) is necessary to fulfill a duty, responsibility, or 
     function of the Agency; or
       ``(G) is otherwise required by law.
       ``(g) Budget.--
       ``(1) In general.--The Director shall submit to the 
     congressional intelligence committees, as a part of the 
     budget requests of the Agency for each fiscal year after 
     fiscal year 2024, a consolidated funding display that 
     identifies the funding source for the actions described in 
     subsection (c)(1) within the Agency.
       ``(2) Form.--The funding display shall be in unclassified 
     form, but may contain a classified annex.
       ``(h) Semiannual Briefings and Notifications.--
       ``(1) Briefings.--Not later than 180 days after the date of 
     the enactment of this section, and semiannually thereafter, 
     the Director shall provide the congressional intelligence 
     committees, the congressional judiciary committees, and the 
     congressional transportation and infrastructure committees a 
     briefing on the activities carried out pursuant to this 
     section during the period covered by the briefing.
       ``(2) Requirement.--Each briefing under paragraph (1) shall 
     be conducted jointly with the Secretary of Transportation.
       ``(3) Contents.--Each briefing under paragraph (1) shall 
     include the following:
       ``(A) Policies, programs, and procedures to mitigate or 
     eliminate effects of such activities on the national airspace 
     system and other critical national transportation 
     infrastructure.
       ``(B) A description of instances in which actions described 
     in subsection (c)(1) have been taken, including all such 
     instances that may have resulted in harm, damage, or loss to 
     a person or to private property.
       ``(C) A description of the guidance, policies, or 
     procedures established to address privacy, civil rights, and 
     civil liberties issues implicated by the actions allowed 
     under this section, as well as any changes or subsequent 
     efforts that would significantly affect privacy, civil 
     rights, or civil liberties.
       ``(D) A description of options considered and steps taken 
     to mitigate any identified effects on the national airspace 
     system relating to the use of any system or technology, 
     including the minimization of the use of any technology that 
     disrupts the transmission of radio or electronic signals, for 
     carrying out the actions described in subsection (c)(1).
       ``(E) A description of instances in which communications 
     intercepted or acquired during the course of operations of an 
     unmanned aircraft system or unmanned aircraft were maintained 
     for more than 180 days or disclosed outside the Agency.
       ``(F) How the Director and the Secretary of Transportation 
     have informed the public as to the possible use of 
     authorities under this section.
       ``(G) How the Director and the Secretary of Transportation 
     have engaged with Federal, State, local, territorial, or 
     tribal law enforcement agencies to implement and use such 
     authorities.
       ``(H) An assessment of whether any gaps or insufficiencies 
     remain in laws, regulations, and policies that impede the 
     ability of the Agency to counter the threat posed by the 
     malicious use of unmanned aircraft systems or unmanned 
     aircraft, and any recommendations to remedy such gaps or 
     insufficiencies.
       ``(4) Form.--Each briefing under paragraph (1) shall be in 
     unclassified form, but may be accompanied by an additional 
     classified report.
       ``(5) Notifications.--
       ``(A) Covered facilities and assets.--Not later than 30 
     days before exercising any authority under this section at a 
     covered facility or asset for the first time doing so at such 
     covered facility or asset, the Director shall submit to the 
     congressional intelligence committees--
       ``(i) notice that the Director intends to exercise 
     authority under this section at such covered facility or 
     asset; and
       ``(ii) a list of every covered facility and asset.
       ``(B) Deployment of new technologies.--
       ``(i) In general.--Not later than 30 days after deploying 
     any new technology to carry out the actions described in 
     subsection (c)(1), the Director shall submit to the 
     congressional intelligence committees a notification of the 
     use of such technology.
       ``(ii) Contents.--Each notice submitted pursuant to clause 
     (i) shall include a description of options considered to 
     mitigate any identified effects on the national airspace 
     system relating to the use of any system or technology, 
     including the minimization of the use of any technology that 
     disrupts the transmission of radio or electronic signals, for 
     carrying out the actions described in subsection (c)(1).
       ``(i) Rule of Construction.--Nothing in this section may be 
     construed--
       ``(1) to vest in the Director any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration; or
       ``(2) to vest in the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration any 
     authority of the Director.
       ``(j) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Director or the Secretary of 
     Transportation with additional authorities beyond those 
     described in subsections (b) and (d).
       ``(k) Termination.--
       ``(1) In general.--The authority to carry out this section 
     with respect to the actions specified in subparagraphs (B) 
     through (F) of subsection (c)(1) shall terminate on the date 
     that is 10 years after the date of enactment of the 
     Intelligence Authorization Act for Fiscal Year 2024.
       ``(2) Extension.--The President may extend by 1 year the 
     termination date specified in paragraph (1) if, before 
     termination, the President certifies to Congress that such 
     extension is in the national security interests of the United 
     States.''.

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

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

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

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

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

       (a) Workplace Sexual Misconduct Defined.--The term 
     ``workplace sexual misconduct''--
       (1) means unwelcome sexual advances, requests for sexual 
     favors, and other verbal or physical conduct of a sexual 
     nature when--
       (A) submission to such conduct is made either explicitly or 
     implicitly a term or condition of an individual's employment;

[[Page S2762]]

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

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

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

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

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

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations and the Subcommittee 
     on Defense of the Committee on Appropriations of the Senate; 
     and
       (C) the Committee on Foreign Affairs and the Subcommittee 
     on Defense of the Committee on Appropriations of the House of 
     Representatives.
       (2) Atrocity.--The term ``atrocity''--
       (A) means a crime against humanity, genocide, or a war 
     crime; and
       (B) when used with respect to the People's Republic of 
     China, means an atrocity that is committed by an individual 
     who is--
       (i) a member of People's Liberation Army, or the security 
     or other defense services, including the Ministry of State 
     Security, the Ministry of Public Security, and the United 
     Front Work Department, of the People's Republic of China;
       (ii) an employee of any other element of the Government of 
     the People's Republic of China, including the regional 
     governments of Xinjiang, Tibet, and Hong Kong;
       (iii) a member of the Chinese Communist Party; or
       (iv) an agent or contractor of an individual specified in 
     subparagraph (A), (B), or (C).
       (3) Commit.--The term ``commit'', with respect to an 
     atrocity, includes the planning, committing, aiding, and 
     abetting of such atrocity.
       (4) Foreign person.--The term ``foreign person'' means--
       (A) any person or entity that is not a United States 
     person; or
       (B) any entity not organized under the laws of the United 
     States or of any jurisdiction within the United States.
       (5) United states person.--The term ``United States 
     person'' has the meaning given that term in section 105A(c) 
     of the National Security Act of 1947 (50 U.S.C. 3039).
       (b) Intelligence Community Coordinator for Accountability 
     of Atrocities of the People's Republic of China.--
       (1) Designation.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall designate a senior official of the Office 
     of the Director of National Intelligence to serve as the 
     intelligence community coordinator for accountability of 
     atrocities of the People's Republic of China (in this section 
     referred to as the ``Coordinator'').
       (2) Duties.--The Coordinator shall lead the efforts of and 
     coordinate and collaborate with the intelligence community 
     with respect to the following:
       (A) Identifying and addressing any gaps in intelligence 
     collection relating to atrocities of the People's Republic of 
     China, including by recommending the modification of the 
     priorities of the intelligence community with respect to 
     intelligence collection and by utilizing informal processes 
     and collaborative mechanisms with key elements of the 
     intelligence community to increase collection on atrocities 
     of the People's Republic of China.
       (B) Prioritizing and expanding the intelligence analysis 
     with respect to ongoing atrocities of the People's Republic 
     of China and disseminating within the United States 
     Government intelligence relating to the identification and 
     activities of foreign persons suspected of being involved 
     with or providing support to atrocities of the People's 
     Republic of China, including genocide and forced labor 
     practices in Xinjiang, in order to support the efforts of 
     other Federal agencies, including the Department of State, 
     the Department of the Treasury, the Office of Foreign Assets 
     Control, the Department of Commerce, the Bureau of Industry 
     and Security, U.S. Customs and Border Protection, and the 
     National Security Council, to hold the People's Republic of 
     China accountable for such atrocities.
       (C) Increasing efforts to declassify and share with the 
     people of the United States and the international community 
     information regarding atrocities of the People's Republic of 
     China in order to expose such atrocities and counter the 
     disinformation and misinformation campaign by the People's 
     Republic of China to deny such atrocities.
       (D) Documenting and storing intelligence and other 
     unclassified information that may be relevant to preserve as 
     evidence of atrocities of the People's Republic of China for 
     future accountability, and ensuring that other relevant 
     Federal agencies, including the Atrocities Early Warning Task 
     Force, receive appropriate support from the intelligence 
     community with respect to the collection, analysis, 
     preservation, and, as appropriate, dissemination, of 
     intelligence related to atrocities of the People's Republic 
     of China, which may include the information from the annual 
     report required by section 6504 of the Intelligence 
     Authorization Act for Fiscal Year 2023 (Public Law 117-263).
       (E) Sharing information with the Forced Labor Enforcement 
     Task Force, established under section 741 of the United 
     States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 
     4681), the Department of Commerce, and the Department of the 
     Treasury for the purposes of entity listings and sanctions.
       (3) Plan required.--Not later than 120 days after the date 
     of the enactment of this

[[Page S2763]]

     Act, the Director shall submit to the appropriate committees 
     of Congress--
       (A) the name of the official designated as the Coordinator 
     pursuant to paragraph (1); and
       (B) the strategy of the intelligence community for the 
     collection and dissemination of intelligence relating to 
     ongoing atrocities of the People's Republic of China, 
     including a detailed description of how the Coordinator shall 
     support, and assist in facilitating the implementation of, 
     such strategy.
       (4) Annual report to congress.--
       (A) Reports required.--Not later than May 1, 2024, and 
     annually thereafter until May 1, 2034, the Director shall 
     submit to the appropriate committees of Congress a report 
     detailing, for the year covered by the report--
       (i) the analytical findings, changes in collection, and 
     other activities of the intelligence community with respect 
     to ongoing atrocities of the People's Republic of China;
       (ii) the recipients of information shared pursuant to this 
     section for the purpose of--

       (I) providing support to Federal agencies to hold the 
     People's Republic of China accountable for such atrocities; 
     and
       (II) sharing information with the people of the United 
     States to counter the disinformation and misinformation 
     campaign by the People's Republic of China to deny such 
     atrocities; and

       (iii) with respect to clause (ii), the date of any such 
     sharing.
       (B) Form.--Each report submitted under subparagraph (A) may 
     be submitted in classified form, consistent with the 
     protection of intelligence sources and methods.
       (c) Sunset.--This section shall cease to have effect on the 
     date that is 10 years after the date of the enactment of this 
     Act.

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

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

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

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

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

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

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

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

[[Page S2764]]

     against individuals and entities in the United States.

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

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

                     Subtitle B--Russian Federation

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

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (3) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act and semiannually thereafter for 3 
     years, the Director of National Intelligence shall produce 
     and submit to the appropriate committees of Congress an 
     assessment of the lessons learned by the intelligence 
     community with respect to the ongoing war in Ukraine, 
     particularly in regards to the quality and timeliness of the 
     information and intelligence support provided by the United 
     States to Ukraine.
       (c) Form.--The assessment submitted pursuant to subsection 
     (b) shall be submitted in unclassified form, but may include 
     a classified annex.

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

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

                  Subtitle C--Other Foreign Countries

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

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

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

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

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

                      Subtitle A--General Matters

     SEC. 501. OFFICE OF GLOBAL COMPETITION ANALYSIS.

       (a) Definitions.--In this section:
       (1) Executive agency.--The term ``Executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.
       (2) Office.--The term ``Office'' means the Office of Global 
     Competition Analysis established under subsection (b).
       (b) Establishment.--
       (1) In general.--The President shall establish an office 
     for analysis of global competition.
       (2) Purposes.--The purposes of the Office are as follows:
       (A) To carry out a program of analysis relevant to United 
     States leadership in science, technology, and innovation 
     sectors critical to national security and economic prosperity 
     relative to other countries, particularly those countries 
     that are strategic competitors of the United States.
       (B) To support policy development and decision making 
     across the Federal Government to ensure United States 
     leadership in science, technology, and innovation sectors 
     critical to national security and economic prosperity 
     relative to other countries, particularly those countries 
     that are strategic competitors of the United States.
       (3) Designation.--The office established under paragraph 
     (1) shall be known as the ``Office of Global Competition 
     Analysis''.
       (c) Activities.--In accordance with the priorities 
     determined under subsection (d), the Office shall--
       (1) subject to subsection (f), acquire, access, use, and 
     handle data or other information relating to the purposes of 
     the Office under subsection (b);
       (2) conduct long- and short-term analyses regarding--
       (A) United States policies that enable technological 
     competitiveness relative to those of other countries, 
     particularly with respect to countries that are strategic 
     competitors of the United States;
       (B) United States science and technology ecosystem 
     elements, including regional and national research 
     development and capacity, technology innovation, and science 
     and engineering education and research workforce, relative to 
     those of other countries, particularly with respect to 
     countries that are strategic competitors of the United 
     States;
       (C) United States technology development, 
     commercialization, and advanced manufacturing ecosystem 
     elements, including supply chain resiliency, scale-up 
     manufacturing testbeds, access to venture capital and 
     financing, technical and entrepreneurial workforce, and 
     production, relative to those of other countries, 
     particularly with respect to countries that are strategic 
     competitors of the United States;

[[Page S2765]]

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

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

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

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

       (a) Definitions.--In this section:
       (1) Covered transaction.--The term ``covered transaction'' 
     means a transaction reviewed under authority established 
     under Executive Order 13873, Executive Order 13984, Executive 
     Order 14034, or any successor order.
       (2) Emerging and foundational technologies.--The term 
     ``emerging and foundational technologies'' means emerging and 
     foundational technologies described in section 1758(a)(1) of 
     the Export Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
       (3) Executive order 13873.--The term ``Executive Order 
     13873'' means Executive Order 13873 (84 Fed. Reg. 22689; 
     relating to securing information and communications 
     technology and services supply chain).
       (4) Executive order 13984.--The term ``Executive Order 
     13984'' means Executive Order 13984 (86 Fed. Reg. 6837; 
     relating to taking additional steps to address the national 
     emergency with respect to significant malicious cyber-enabled 
     activities).
       (5) Executive order 14034.--The term ``Executive Order 
     14034'' means Executive Order 14034 (84 Fed. Reg. 31423; 
     relating to protecting Americans' sensitive data from foreign 
     adversaries).
       (6) Significant transaction.--The term ``significant 
     transaction'' means a covered transaction that--
       (A) involves emerging or foundational technologies;
       (B) poses an undue or unacceptable risk to national 
     security; and
       (C) involves--
       (i) an individual who acts as an agent, representative, or 
     employee, or any individual who acts in any other capacity at 
     the order, request, or under the direction or control, of a 
     foreign adversary or of an individual whose activities are 
     directly or indirectly supervised, directed, controlled, 
     financed, or subsidized in whole or in majority part by a 
     foreign adversary;
       (ii) any individual, wherever located, who is a citizen or 
     resident of a nation-state controlled by a foreign adversary;
       (iii) any corporation, partnership, association, or other 
     organization organized under the laws of a nation-state 
     controlled by a foreign adversary; or
       (iv) any corporation, partnership, association, or other 
     organization, wherever organized or doing business, that is 
     owned or controlled by a foreign adversary.
       (b) Threat Assessment by Director of National 
     Intelligence.--
       (1) In general.--The Director of National Intelligence 
     shall expeditiously carry out a threat assessment of each 
     significant transaction.
       (2) Identification of gaps.--Each assessment required by 
     paragraph (1) shall include the identification of any 
     recognized gaps in the collection of intelligence relevant to 
     the assessment.
       (3) Views of intelligence community.--The Director of 
     National Intelligence shall seek and incorporate into each 
     assessment required by paragraph (1) the views of all 
     affected or appropriate elements of the intelligence 
     community with respect to the significant transaction or 
     class of significant transactions.
       (4) Provision of assessment.--The Director of National 
     Intelligence shall provide an assessment required by 
     paragraph (1) to such agency heads and committees of Congress 
     as the Director considers appropriate, as necessary, to 
     implement Executive Order 13873, Executive Order 13984, 
     Executive Order 14034, or any successor order.
       (c) Interaction With Intelligence Community.--
       (1) In general.--The Director of National Intelligence 
     shall ensure that the intelligence community remains engaged 
     in the collection, analysis, and dissemination to such agency 
     heads as the Director considers appropriate of any additional 
     relevant information that may become available during the 
     course of any investigation or review

[[Page S2766]]

     process conducted under authority established under Executive 
     Order 13873, Executive Order 13984, Executive Order 14034, or 
     any successor order.
       (2) Elements.--The collection, analysis, and dissemination 
     of information described in paragraph (1) shall include 
     routine assessments of the following:
       (A) The intent, capability, and operations of foreign 
     adversaries as related to a significant transaction or class 
     of significant transactions.
       (B) Supply chains and procurement networks associated with 
     the procurement of emerging and foundational technologies by 
     foreign adversaries.
       (C) Emerging and foundational technologies pursued by 
     foreign adversaries, including information on prioritization, 
     spending, and technology transfer measures.
       (D) The intent, capability, and operations of the use by 
     malicious cyber actors of infrastructure as a service (IaaS) 
     against the United States.
       (E) The impact on the intelligence community of a 
     significant transaction or class of significant transactions.
       (d) Information in Civil Actions.--
       (1) Protected information in civil actions.--If a civil 
     action challenging an action or finding under Executive Order 
     13873, Executive Order 13984, Executive Order 14034, or any 
     successor order is brought, and the court determines that 
     protected information in the administrative record relating 
     to the action or finding, including classified or other 
     information subject to privilege or protections under any 
     provision of law, is necessary to resolve the action, that 
     information shall be submitted ex parte and in camera to the 
     court and the court shall maintain that information under 
     seal. This paragraph does not confer or imply any right to 
     judicial review.
       (2) Nonapplicability of use of information provisions.--The 
     use of information provisions of sections 106, 305, 405, and 
     706 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a 
     civil action described in paragraph (1).
       (e) Rule of Construction Concerning Right to Access.--No 
     provision of this section may be construed to create a right 
     to obtain access to information in the possession of the 
     Federal Government that was considered by the Secretary of 
     Commerce under authority established under Executive Order 
     13873, Executive Order 13984, Executive Order 14034, or any 
     successor order, including any classified information or 
     sensitive but unclassified information.
       (f) Administrative Record.--The following information may 
     be included in the administrative record relating to an 
     action or finding described in subsection (d)(1) and shall be 
     submitted only to the court ex parte and in camera:
       (1) Sensitive security information, as defined in section 
     1520.5 of title 49, Code of Federal Regulations.
       (2) Privileged law enforcement information.
       (3) Information obtained or derived from any activity 
     authorized under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), except that, with respect to 
     such information, subsections (c), (e), (f), (g), and (h) of 
     section 106 (50 U.S.C. 1806), subsections (d), (f), (g), (h), 
     and (i) of section 305 (50 U.S.C. 1825), subsections (c), 
     (e), (f), (g), and (h) of section 405 (50 U.S.C. 1845), and 
     section 706 (50 U.S.C. 1881e) of that Act shall not apply.
       (4) Information subject to privilege or protection under 
     any other provision of law, including the Currency and 
     Foreign Transactions Reporting Act of 1970 (31 U.S.C. 5311 et 
     seq.).
       (g) Treatment Consistent With Section.--Any information 
     that is part of the administrative record filed ex parte and 
     in camera under subsection (d)(1), or cited by the court in 
     any decision in a civil action described in such subsection, 
     shall be treated by the court consistent with the provisions 
     of this section. In no event shall such information be 
     released to the petitioner or as part of the public record.
       (h) Inapplicability of Freedom of Information Act.--Any 
     information submitted to the Federal Government by a party to 
     a covered transaction in accordance with this section, as 
     well as any information the Federal Government may create 
     relating to review of the covered transaction, is exempt from 
     disclosure under section 552 of title 5, United States Code 
     (commonly referred to as the ``Freedom of Information Act'').

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

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

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

       (a) Definitions.--In this section:
       (1) Emerging and foundational technologies.--The term 
     ``emerging and foundational technologies'' includes 
     technologies identified under section 1758(a)(1) of the 
     Export Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
       (2) Foreign adversary.--The term ``foreign adversary'' 
     means any foreign government, foreign regime, or foreign 
     nongovernment person determined by the Director of National 
     Intelligence to have engaged in a long-term pattern or 
     serious instances of conduct significantly adverse to the 
     national security of the United States or the security and 
     safety of United States persons.
       (b) Collection, Analysis, and Dissemination Required.--
       (1) In general.--The Director of National Intelligence--
       (A) is authorized to collect, retain, analyze, and 
     disseminate information or intelligence necessary to support 
     the missions of the Department of Commerce, including with 
     respect to the administration of export controls pursuant to 
     the Export Control Reform Act of 2018 (50 U.S.C. 4801 et 
     seq.); and
       (B) shall, through regular consultation with the Secretary 
     of Commerce, ensure that the intelligence community is 
     engaged in such collection, retention, analysis, and 
     dissemination.
       (2) Information to be collected, analyzed, and 
     disseminated.--The information to be collected, analyzed, and 
     disseminated under subsection (a) shall include information 
     relating to the following:
       (A) The intent, capability, and operations of foreign 
     adversaries with respect to items under consideration to be 
     controlled pursuant to the authority provided by part I of 
     the Export Control Reform Act of 2018 (50 U.S.C. 4811 et 
     seq.).
       (B) Attempts by foreign adversaries to circumvent controls 
     on items imposed pursuant to that part.
       (C) Supply chains and procurement networks associated with 
     procurement and development of emerging and foundational 
     technologies by foreign adversaries.
       (D) Emerging and foundational technologies pursued by 
     foreign adversaries, including relevant information on 
     prioritization, spending, and technology transfer measures 
     with respect to such technologies.
       (E) The scope and application of the export control systems 
     of foreign countries, including decisions with respect to 
     individual export transactions.
       (F) Corporate and contractual relationships, ownership, and 
     other equity interests, including monetary capital 
     contributions, corporate investments, and joint ventures, 
     resulting in end uses of items that threaten the national 
     security and foreign policy interests of the United States, 
     as described in the policy set forth in section 1752 of the 
     Export Control Reform Act of 2018 (50 U.S.C. 4811).
       (G) The effect of export controls imposed pursuant to part 
     I of that Act (50 U.S.C. 4811 et seq.), including--
       (i) the effect of actions taken and planned to be taken by 
     the Secretary of Commerce under the authority provided by 
     that part; and
       (ii) the effectiveness of such actions in achieving the 
     national security and foreign policy objectives of such 
     actions.
       (c) Provision of Analysis to Department of Commerce.--Upon 
     the request of the Secretary of Commerce, the Director of 
     National Intelligence shall expeditiously--
       (1) carry out analysis of any matter relating to the 
     national security of the United States that is relevant to a 
     mission of the Department of Commerce; and
       (2) consistent with the protection of sources and methods, 
     make such analysis available to the Secretary and such 
     individuals as the Secretary may designate to receive such 
     analysis.
       (d) Identification of Single Office to Support Missions of 
     Department of Commerce.--The Director of National 
     Intelligence shall identify a single office within the 
     intelligence community to be responsible for supporting the 
     missions of the Department of Commerce.
       (e) Treatment of Classified and Sensitive Information.--
       (1) In general.--A civil action challenging an action or 
     finding of the Secretary of Commerce made on the basis of any 
     classified or sensitive information made available to 
     officials of the Department of Commerce pursuant to this 
     section may be brought only in the United States Court of 
     Appeals for the District of Columbia Circuit.
       (2) Consideration and treatment in civil actions.--If a 
     civil action described in paragraph (1) is brought, and the 
     court determines that protected information in the 
     administrative record, including classified or other 
     information subject to privilege or protections under any 
     provision of law, is necessary to resolve the civil action, 
     that information shall be submitted ex parte and in camera to 
     the court and the court shall maintain that information under 
     seal. This paragraph does not confer or imply any right to 
     judicial review.
       (3) Administrative record.--
       (A) In general.--The following information may be included 
     in the administrative record relating to an action or finding 
     described in paragraph (1) and shall be submitted only to the 
     court ex parte and in camera:
       (i) Sensitive security information, as defined by section 
     1520.5 of title 49, Code of Federal Regulations.
       (ii) Privileged law enforcement information.

[[Page S2767]]

       (iii) Information obtained or derived from any activity 
     authorized under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.).
       (iv) Information subject to privilege or protection under 
     any other provision of law.
       (B) Treatment consistent with section.--Any information 
     that is part of the administrative record filed ex parte and 
     in camera under subparagraph (A), or cited by the court in 
     any decision in a civil action described in paragraph (1), 
     shall be treated by the court consistent with the provisions 
     of this subsection. In no event shall such information be 
     released to the petitioner or as part of the public record.
       (4) Nonapplicability of use of information provisions.--The 
     use of information provisions of sections 106, 305, 405, and 
     706 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a 
     civil action challenging an action or finding of the 
     Secretary of Commerce made on the basis of information made 
     available to officials of the Department of Commerce pursuant 
     to this section.
       (5) Rule of construction concerning right to access.--No 
     provision of this section shall be construed to create a 
     right to obtain access to information in the possession of 
     the Federal Government that was considered in an action or 
     finding of the Secretary of Commerce, including any 
     classified information or sensitive but unclassified 
     information.
       (6) Exemption from freedom of information act.--Any 
     information made available to officials of the Department of 
     Commerce pursuant to this section is exempt from disclosure 
     under section 552 of title 5, United States Code (commonly 
     referred to as the ``Freedom of Information Act'').

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

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

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

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

       Section 6503(c)(3) of the Intelligence Authorization Act 
     for Fiscal Year 2023 (Public Law 117-263) is amended by 
     adding at the end the following:
       ``(I) A detailed assessment, prepared in consultation with 
     all elements of the working group--
       ``(i) of the investments made by the People's Republic of 
     China in--

       ``(I) artificial intelligence;
       ``(II) next-generation energy technologies, especially 
     small modular reactors and advanced batteries; and
       ``(III) biotechnology; and

       ``(ii) that identifies--

       ``(I) competitive practices of the People's Republic of 
     China relating to the technologies described in clause (i);
       ``(II) opportunities to counter the practices described in 
     subclause (I);
       ``(III) countries the People's Republic of China is 
     targeting for exports of civil nuclear technology;
       ``(IV) countries best positioned to utilize civil nuclear 
     technologies from the United States in order to facilitate 
     the commercial export of those technologies;
       ``(V) United States vulnerabilities in the supply chain of 
     these technologies; and
       ``(VI) opportunities to counter the export by the People's 
     Republic of China of civil nuclear technologies globally.

       ``(J) An identification and assessment of any unmet 
     resource or authority needs of the working group that affect 
     the ability of the working group to carry out this 
     section.''.

     SEC. 512. PROCUREMENT OF PUBLIC UTILITY CONTRACTS.

       Subparagraph (B) of section 501(b)(1) of title 40, United 
     States Code, is amended to read as follows:
       ``(B) Public utility contracts.--
       ``(i) In general.--A contract for public utility services 
     may be made--

       ``(I) except as provided in subclause (II), for a period of 
     not more than 10 years; or
       ``(II) for an executive agency that is, or has a component 
     that is, an element of the intelligence community (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)), for a period of not more than 30 years, if the 
     executive agency determines the extended period is in the 
     best interests of national security.

       ``(ii) Payment.--The cost of a public utility services 
     contract for any year may be paid from annual appropriations 
     for that year.''.

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

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

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

       (a) In General.--Section 6702 of the Intelligence 
     Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is 
     amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``subsection (b)'' and inserting 
     ``subsection (c)'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Policies.--
       ``(1) In general.--In carrying out subsection (a)(1), not 
     later than 1 year after the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2024, the 
     Director of National Intelligence, in consultation with the 
     heads of the elements of the intelligence community, shall 
     establish the policies described in paragraph (2).
       ``(2) Policies described.--The policies described in this 
     paragraph are policies for the acquisition, adoption, 
     development, use, coordination, and maintenance of artificial 
     intelligence capabilities that--
       ``(A) establish a lexicon relating to the use of machine 
     learning and artificial intelligence developed or acquired by 
     elements of the intelligence community;
       ``(B) establish guidelines for evaluating the performance 
     of models developed or acquired by elements of the 
     intelligence community, such as by--
       ``(i) specifying conditions for the continuous monitoring 
     of artificial intelligence capabilities for performance, 
     including the conditions for retraining or retiring models 
     based on performance;
       ``(ii) documenting performance objectives, including 
     specifying how performance objectives shall be developed and 
     contractually enforced for capabilities procured from third 
     parties;
       ``(iii) specifying the manner in which models should be 
     audited, as necessary, including the types of documentation 
     that should be provided to any auditor; and
       ``(iv) specifying conditions under which models used by 
     elements of the intelligence community should be subject to 
     testing and evaluation for vulnerabilities to techniques 
     meant to undermine the availability, integrity, or privacy of 
     an artificial intelligence capability;
       ``(C) establish guidelines for tracking dependencies in 
     adjacent systems, capabilities, or processes impacted by the 
     retraining or sunsetting of any model described in 
     subparagraph (B);

[[Page S2768]]

       ``(D) establish documentation requirements for capabilities 
     procured from third parties, aligning such requirements, as 
     necessary, with existing documentation requirements 
     applicable to capabilities developed by elements of the 
     intelligence community and, to the greatest extent possible, 
     with industry standards;
       ``(E) establish standards for the documentation of imputed, 
     augmented, or synthetic data used to train any model 
     developed, procured, or used by an element of the 
     intelligence community; and
       ``(F) provide guidance on the acquisition and usage of 
     models that have previously been trained by a third party for 
     subsequent modification and usage by such an element.
       ``(3) Policy review and revision.--The Director of National 
     Intelligence shall periodically review and revise each policy 
     established under paragraph (1).''.
       (b) Conforming Amendment.--Section 6712(b)(1) of such Act 
     (50 U.S.C. 3024 note) is amended by striking ``section 
     6702(b)'' and inserting ``section 6702(c)''.

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

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

                    TITLE VI--WHISTLEBLOWER MATTERS

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

       (a) Amendments to Chapter 4 of Title 5.--
       (1) Appointment of security officers.--Section 416 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``(i) Appointment of Security Officers.--Each Inspector 
     General under this section, including the designees of the 
     Inspector General of the Department of Defense pursuant to 
     subsection (b)(3), shall appoint within their offices 
     security officers to provide, on a permanent basis, 
     confidential, security-related guidance and direction to an 
     employee of their respective establishment, an employee 
     assigned or detailed to such establishment, or an employee of 
     a contractor of such establishment who intends to report to 
     Congress a complaint or information, so that such employee 
     can obtain direction on how to report to Congress in 
     accordance with appropriate security practices.''.
       (2) Procedures.--Subsection (e) of such section is 
     amended--
       (A) in paragraph (1), by inserting ``or any other committee 
     of jurisdiction of the Senate or the House of 
     Representatives'' after ``either or both of the intelligence 
     committees'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the employee may contact an intelligence committee or another 
     committee of jurisdiction directly as described in paragraph 
     (1) of this subsection or in subsection (b)(4) only if the 
     employee--
       ``(i) before making such a contact, furnishes to the head 
     of the establishment, through the Inspector General (or 
     designee), a statement of the employee's complaint or 
     information and notice of the employee's intent to contact an 
     intelligence committee or another committee of jurisdiction 
     of the Senate or the House of Representatives directly; and
       ``(ii)(I) obtains and follows, from the head of the 
     establishment, through the Inspector General (or designee), 
     procedural direction on how to contact an intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives in accordance with 
     appropriate security practices; or
       ``(II) obtains and follows such procedural direction from 
     the applicable security officer appointed under subsection 
     (i).
       ``(B) Lack of procedural direction.--If an employee seeks 
     procedural direction under subparagraph (A)(ii) and does not 
     receive such procedural direction within 30 days, or receives 
     insufficient direction to report to Congress a complaint or 
     information, the employee may contact an intelligence 
     committee or any other committee of jurisdiction of the 
     Senate or the House of Representatives directly without 
     obtaining or following the procedural direction otherwise 
     required under such subparagraph.''; and
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Committee members and staff.--An employee of an 
     element of the intelligence community who intends to report 
     to Congress a complaint or information may report such 
     complaint or information to the Chairman and Vice Chairman or 
     Ranking Member, as the case may be, of an intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives, a nonpartisan member of the 
     committee staff designated for purposes of receiving 
     complaints or information under this section, or a member of 
     the majority staff and a member of the minority staff of the 
     committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subsection (b) of such section is amended by 
     adding at the end the following:
       ``(4) Clarification of right to report directly to 
     congress.--Subject to paragraphs (2) and (3) of subsection 
     (e), an employee of an element of the intelligence community 
     who intends to report to Congress a complaint or information 
     may report such complaint or information directly to 
     Congress, regardless of whether the complaint or information 
     is with respect to an urgent concern--
       ``(A) in lieu of reporting such complaint or information 
     under paragraph (1); or
       ``(B) in addition to reporting such complaint or 
     information under paragraph (1).''.
       (b) Amendments to National Security Act of 1947.--
       (1) Appointment of security officers.--Section 103H(j) of 
     the National Security Act of 1947 (50 U.S.C. 3033(j)) is 
     amended by adding at the end the following:
       ``(5) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     section 416(i) of title 5, United States Code.''.
       (2) Procedures.--Subparagraph (D) of section 103H(k)(5) of 
     such Act (50 U.S.C. 3033(k)(5)) is amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the congressional intelligence 
     committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact a congressional intelligence committee or another 
     committee of jurisdiction directly as described in clause (i) 
     only if the employee--
       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact a congressional intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives directly; and

[[Page S2769]]

       ``(bb)(AA) obtains and follows, from the Director, through 
     the Inspector General, procedural direction on how to contact 
     a congressional intelligence committee or another committee 
     of jurisdiction of the Senate or the House of Representatives 
     in accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 
     416(i) of title 5, United States Code.
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact a congressional intelligence committee 
     or any other committee of jurisdiction of the Senate or the 
     House of Representatives directly without obtaining or 
     following the procedural direction otherwise required under 
     such subclause.'';
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of an element of the intelligence 
     community who intends to report to Congress a complaint or 
     information may report such complaint or information to the 
     Chairman and Vice Chairman or Ranking Member, as the case may 
     be, of a congressional intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives, a nonpartisan member of the committee staff 
     designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of an element of the intelligence community 
     who intends to report to Congress a complaint or information 
     may report such complaint or information directly to 
     Congress, regardless of whether the complaint or information 
     is with respect to an urgent concern--
       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.
       (c) Amendments to the Central Intelligence Agency Act of 
     1949.--
       (1) Appointment of security officers.--Section 17(d)(5) of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)) is amended by adding at the end the following:
       ``(I) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     section 416(i) of title 5, United States Code.''.
       (2) Procedures.--Subparagraph (D) of such section is 
     amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the intelligence committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact an intelligence committee or another committee of 
     jurisdiction directly as described in clause (i) only if the 
     employee--
       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives directly; and
       ``(bb)(AA) obtains and follows, from the Director, through 
     the Inspector General, procedural direction on how to contact 
     an intelligence committee or another committee of 
     jurisdiction of the Senate or the House of Representatives in 
     accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 
     416(i) of title 5, United States Code.
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact an intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives directly without obtaining or following the 
     procedural direction otherwise required under such 
     subclause.'';
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information to the Chairman and Vice Chairman or Ranking 
     Member, as the case may be, of an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives, a nonpartisan member of the committee 
     staff designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information directly to Congress, regardless of whether 
     the complaint or information is with respect to an urgent 
     concern--
       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.
       (d) Rule of Construction.--Nothing in this section or an 
     amendment made by this section shall be construed to revoke 
     or diminish any right of an individual provided by section 
     2303 of title 5, United States Code.

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

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

[[Page S2770]]

     private action under paragraph (3), the employee or 
     contractor employee shall exhaust administrative remedies 
     by--
       ``(i) first, obtaining a disposition of their claim by 
     requesting review by the appropriate inspector general; and
       ``(ii) second, if the review under clause (i) does not 
     substantiate reprisal, by submitting to the Inspector General 
     of the Intelligence Community a request for a review of the 
     claim by an external review panel under section 1106.
       ``(B) Period to bring action.--The employee or contractor 
     employee may bring a private right of action under paragraph 
     (3) during the 180-day period beginning on the date on which 
     the employee or contractor employee is notified of the final 
     disposition of their claim under section 1106.''.

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

       Subparagraph (C) of section 3001(j)(4) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(4)) is amended to read as follows:
       ``(C) Contributing factor.--
       ``(i) In general.--Subject to clause (iii), in determining 
     whether the adverse security clearance or access 
     determination violated paragraph (1), the agency shall find 
     that paragraph (1) was violated if the individual has 
     demonstrated that a disclosure described in paragraph (1) was 
     a contributing factor in the adverse security clearance or 
     access determination taken against the individual.
       ``(ii) Circumstantial evidence.--An individual under clause 
     (i) may demonstrate that the disclosure was a contributing 
     factor in the adverse security clearance or access 
     determination taken against the individual through 
     circumstantial evidence, such as evidence that--

       ``(I) the official making the determination knew of the 
     disclosure; and
       ``(II) the determination occurred within a period such that 
     a reasonable person could conclude that the disclosure was a 
     contributing factor in the determination.

       ``(iii) Defense.--In determining whether the adverse 
     security clearance or access determination violated paragraph 
     (1), the agency shall not find that paragraph (1) was 
     violated if, after a finding that a disclosure was a 
     contributing factor, the agency demonstrates by clear and 
     convincing evidence that it would have made the same security 
     clearance or access determination in the absence of such 
     disclosure.''.

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

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

     SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.

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

                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

                  CHAPTER 1--SHORT TITLE; DEFINITIONS

     SEC. 701. SHORT TITLE.

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

     SEC. 702. DEFINITIONS.

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

                       ``Subtitle A--Definitions

     ``SEC. 800. DEFINITIONS.

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

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

       (3) by striking section 805.

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

     SEC. 711. EXECUTIVE AGENT FOR CLASSIFICATION AND 
                   DECLASSIFICATION.

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

            ``Subtitle C--Security Classification Governance

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

       ``(a) Establishment.--There is in the executive branch of 
     the Federal Government an Executive Agent for Classification 
     and Declassification who shall be responsible for promoting 
     programs, processes, and systems relating to classification 
     and declassification, including developing technical 
     solutions for automating declassification review and 
     directing resources for such purposes in the Federal 
     Government.

[[Page S2771]]

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

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

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

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

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

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

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

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

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

     SEC. 714. INFORMATION SECURITY OVERSIGHT OFFICE.

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

     ``SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE.

       ``(a) Establishment.--
       ``(1) In general.--There is hereby established in the 
     executive branch of the Federal Government an office to 
     ensure the Government protects and provides proper access to 
     information to advance the national and public interest by 
     standardizing and assessing the management of classified and 
     controlled unclassified information through oversight, policy 
     development, guidance, education, and reporting.

[[Page S2772]]

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

                 CHAPTER 3--REDUCING OVERCLASSIFICATION

     SEC. 721. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

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

           ``Subtitle D--Classification and Declassification

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

       ``(a) In General.--The President may, in accordance with 
     this title, protect from unauthorized disclosure any 
     information owned by, produced by or for, or under the 
     control of the executive branch when there is a demonstrable 
     need to do so in order to protect the national security of 
     the United States.
       ``(b) Establishment of Standards and Procedures for 
     Classification and Declassification.--
       ``(1) Governmentwide procedures.--
       ``(A) Classification.--The President shall, to the extent 
     necessary, establish categories of information that may be 
     classified and procedures for classifying information under 
     subsection (a).
       ``(B) Declassification.--At the same time the President 
     establishes categories and procedures under subparagraph (A), 
     the President shall establish procedures for declassifying 
     information that was previously classified.
       ``(C) Minimum requirements.--The procedures established 
     pursuant to subparagraphs (A) and (B) shall--
       ``(i) permit the classification of information only in 
     cases in which the information meets the standard set forth 
     in subsection (c) and require the declassification of 
     information that does not meet such standard;
       ``(ii) provide for no more than two levels of 
     classification;
       ``(iii) provide for the declassification of information 
     classified under this title in accordance with subsection 
     (d);
       ``(iv) provide for the automatic declassification of 
     classified records with permanent historical value in 
     accordance with subsection (e); and
       ``(v) provide for the timely review of materials submitted 
     for pre-publication review in accordance with subsection (g).
       ``(2) Notice and comment.--
       ``(A) Notice.--The President shall publish in the Federal 
     Register notice regarding the categories and procedures 
     proposed to be established under paragraph (1).
       ``(B) Comment.--The President shall provide an opportunity 
     for interested persons to submit comments on the categories 
     and procedures covered by subparagraph (A).
       ``(C) Deadline.--The President shall complete the 
     establishment of categories and procedures under this 
     subsection not later than 60 days after publishing notice in 
     the Federal Register under subparagraph (A). Upon completion 
     of the establishment of such categories and procedures, the 
     President shall publish in the Federal Register notice 
     regarding such categories and procedures.
       ``(3) Modification.--In the event the President determines 
     to modify any categories or procedures established under 
     paragraph (1), subparagraphs (A) and (B) of paragraph (2) 
     shall apply to the modification of such categories or 
     procedures.
       ``(4) Agency standards and procedures.--
       ``(A) In general.--The head of each agency shall establish 
     a single set of consolidated standards and procedures to 
     permit such agency to classify and declassify information 
     created by such agency in accordance with the categories and 
     procedures established by the President under this section 
     and otherwise to carry out this title.
       ``(B) Deadline.--Each agency head shall establish the 
     standards and procedures under subparagraph (A) not later 
     than 60 days after the date on which the President publishes 
     notice under paragraph (2)(C) of the categories and standards 
     established by the President under this subsection.
       ``(C) Submittal to congress.--Each agency head shall submit 
     to Congress the standards and procedures established by such 
     agency head under this paragraph.
       ``(c) Standard for Classification and Declassification.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     information may be classified under this title, and 
     classified information under review for declassification 
     under this title may remain classified, only if the harm to 
     national security that might reasonably be expected from 
     disclosure of such information outweighs the public interest 
     in disclosure of such information.
       ``(2) Default rules.--
       ``(A) Default with respect to classification.--In the event 
     of significant doubt as to whether the harm to national 
     security that might reasonably be expected from the 
     disclosure of information would outweigh the public interest 
     in the disclosure of such information, such information shall 
     not be classified.
       ``(B) Default with respect to declassification.--In the 
     event of significant doubt as to whether the harm to national 
     security that might reasonably be expected from the 
     disclosure of information previously classified under this 
     title would outweigh the public interest in the disclosure of 
     such information, such information shall be declassified.
       ``(3) Criteria.--For purposes of this subsection, in 
     determining the harm to national security that might 
     reasonably be expected from disclosure of information, and 
     the public interest in the disclosure of information, the 
     official making the determination shall consider the 
     following:
       ``(A) With regard to the harm to national security that 
     might reasonably be expected from disclosure of information, 
     whether or not disclosure of the information would--
       ``(i) reveal the identity of a confidential human source, 
     or reveal information about the application of an 
     intelligence source or method, or reveal the identity of a 
     human intelligence source when the unauthorized disclosure of 
     that source would clearly and demonstrably damage the 
     national security interests of the United States;
       ``(ii) reveal information that would assist in the 
     development or use of weapons of mass destruction;
       ``(iii) reveal information that would impair United States 
     cryptologic systems or activities;
       ``(iv) reveal information that would impair the application 
     of state-of-the-art technology within a United States weapons 
     system;
       ``(v) reveal actual United States military war plans that 
     remain in effect;
       ``(vi) reveal information that would seriously and 
     demonstrably impair relations between the United States and a 
     foreign government, or seriously and demonstrably undermine 
     ongoing diplomatic activities of the United States;
       ``(vii) reveal information that would clearly and 
     demonstrably impair the current ability of United States 
     Government officials to protect the President, Vice 
     President, and other officials for whom protection services, 
     in the interest of national security, are authorized;
       ``(viii) reveal information that would seriously and 
     demonstrably impair current national security emergency 
     preparedness plans; or
       ``(ix) violate a statute, treaty, or international 
     agreement.
       ``(B) With regard to the public interest in disclosure of 
     information--
       ``(i) whether or not disclosure of the information would 
     better enable United States citizens to hold Government 
     officials accountable for their actions and policies;
       ``(ii) whether or not disclosure of the information would 
     assist the United States criminal justice system in holding 
     persons responsible for criminal acts or acts contrary to the 
     Constitution;
       ``(iii) whether or not disclosure of the information would 
     assist Congress, or any committee or subcommittee thereof, in 
     carrying out its oversight responsibilities with regard to 
     the executive branch or in adequately informing itself of 
     executive branch policies and activities in order to carry 
     out its legislative responsibilities;
       ``(iv) whether the disclosure of the information would 
     assist Congress or the public in understanding the 
     interpretation of the Federal Government of a provision of 
     law, including Federal regulations, Presidential directives, 
     statutes, case law, and the Constitution of the United 
     States; or
       ``(v) whether or not disclosure of the information would 
     bring about any other significant benefit, including an 
     increase in public awareness or understanding of Government 
     activities or an enhancement of Government efficiency.
       ``(4) Written justification for classification.--
       ``(A) Original classification.--Each agency official who 
     makes a decision to classify information not previously 
     classified shall, at the time of the classification 
     decision--
       ``(i) identify himself or herself; and
       ``(ii) provide in writing a detailed justification of that 
     decision.
       ``(B) Derivative classification.--In any case in which an 
     agency official or contractor employee classifies a document 
     on the basis of information previously classified

[[Page S2773]]

     that is included or referenced in the document, the official 
     or employee, as the case may be, shall--
       ``(i) identify himself or herself in that document; and
       ``(ii) use a concise notation, or similar means, to 
     document the basis for that decision.
       ``(5) Classification prohibitions and limitations.--
       ``(A) In general.--In no case shall information be 
     classified, continue to be maintained as classified, or fail 
     to be declassified in order--
       ``(i) to conceal violations of law, inefficiency, or 
     administrative error;
       ``(ii) to prevent embarrassment to a person, organization, 
     or agency;
       ``(iii) to restrain competition; or
       ``(iv) to prevent or delay the release of information that 
     does not require protection in the interest of national 
     security.
       ``(B) Basic scientific research.--Basic scientific research 
     information not clearly related to national security shall 
     not be classified.
       ``(C) Reclassification.--Information may not be 
     reclassified after being declassified and release to the 
     public under proper authority unless personally approved by 
     the President based on a determination that such 
     reclassification is required to prevent significant and 
     demonstrable damage to national security;
       ``(d) Declassification of Information Classified Under 
     Act.--
       ``(1) In general.--No information may remain classified 
     indefinitely.
       ``(2) Maximum period of classification.--Except as provided 
     in paragraphs (3), (4), and (5), information may not remain 
     classified under this title after the date that is 25 years 
     after the date of the original classification of the 
     information.
       ``(3) Earlier declassification.--When classifying 
     information under this title, an agency official may provide 
     for the declassification of the information as of a date or 
     event that is earlier than the date otherwise provided for 
     under paragraph (2).
       ``(4) Later declassification.--When classifying information 
     under this title, an agency official may provide for the 
     declassification of the information on the date that is 50 
     years after the date of the classification if the head of the 
     agency--
       ``(A) determines that there is no likely set of 
     circumstances under which declassification would occur within 
     the time otherwise provided for under paragraph (2);
       ``(B)(i) obtains the concurrence of the director of the 
     Information Security Oversight Office in the determination; 
     or
       ``(ii) seeks but is unable to obtain concurrence under 
     clause (i), obtains the concurrence of the President; and
       ``(C) submits to the President a certification of the 
     determination.
       ``(5) Postponement of declassification.--
       ``(A) In general.--The declassification of any information 
     or category of information that would otherwise be 
     declassified under paragraph (2) or (4) may be postponed, but 
     only with the personal approval of the President based on a 
     determination that such postponement is required to prevent 
     significant and demonstrable damage to the national security 
     of the United States.
       ``(B) General duration of postponement.--Information the 
     declassification of which is postponed under this paragraph 
     may remain classified not longer than 10 years after the date 
     of the postponement, unless such classification is renewed by 
     the President.
       ``(C) Congressional notification.--Within 30 days of any 
     postponement or renewal of a postponement under this 
     paragraph, the President shall provide written notification 
     to Congress of such postponement or renewal that describes 
     the significant and demonstrable damage to the national 
     security of the United States that justifies such 
     postponement or renewal.
       ``(6) Basis for determinations.--An agency official making 
     a determination under this subsection with respect to the 
     duration of classification of information, or the 
     declassification of information, shall make the determination 
     required under subsection (c) with respect to classification 
     or declassification in accordance with an assessment of the 
     criteria specified in paragraph (3) of such subsection (c) 
     that is current as of the determination.
       ``(e) Automatic Declassification of Classified Records.--
       ``(1) In general.--Except as provided in paragraph (2), all 
     classified records that are more than 50 years old and have 
     been determined to have permanent historical value under 
     title 44, United States Code, shall be automatically 
     declassified on December 31 of the year that is 50 years 
     after the date on which the records were created, whether or 
     not the records have been reviewed.
       ``(2) Postponement.--
       ``(A) Agency postponement.--The head of an agency may 
     postpone automatic declassification under paragraph (1) of 
     specific records or information, or renew a period of 
     postponed automatic declassification, if the agency head 
     determines that disclosure of the records or information 
     would clearly and demonstrably be expected--
       ``(i) to reveal the identity of a confidential human source 
     or a human intelligence source; or
       ``(ii) to reveal information that would assist in the 
     development, production, or use of weapons of mass 
     destruction.
       ``(B) Presidential postponement.--The President may 
     postpone automatic declassification under paragraph (1) of 
     specific records or information if the President determines 
     that such postponement is required to prevent significant and 
     demonstrable damage to the national security of the United 
     States.
       ``(C) General duration of postponement.--A period of 
     postponement of automatic declassification under this 
     paragraph shall not exceed 10 years after the date of the 
     postponement, unless renewed by the agency head who postponed 
     the automatic declassification or the President.
       ``(D) Congressional notification.--Within 30 days of any 
     postponement or renewal of a postponement under this 
     paragraph, the President or the head of the agency 
     responsible for the postponement shall provide written 
     notification to Congress of such postponement or renewal that 
     describes the justification for such postponement or renewal.
       ``(f) Declassification of Current Classified Information.--
       ``(1) Procedures.--The President shall establish procedures 
     for declassifying information that was classified before the 
     date of the enactment of the Classification Reform Act of 
     2023. Such procedures shall, to the maximum extent 
     practicable, be consistent with the provisions of this 
     section.
       ``(2) Automatic declassification.--The procedures 
     established under paragraph (1) shall include procedures for 
     the automatic declassification of information referred to in 
     paragraph (1) that has remained classified for more than 25 
     years as of such date.
       ``(3) Notice and comment.--
       ``(A) Notice.--The President shall publish notice in the 
     Federal Register of the procedures proposed to be established 
     under this subsection.
       ``(B) Comment.--The President shall provide an opportunity 
     for interested persons to submit comments on the procedures 
     covered by subparagraph (A).
       ``(C) Deadline.--The President shall complete the 
     establishment of procedures under this subsection not later 
     than 60 days after publishing notice in the Federal Register 
     under subparagraph (A). Upon completion of the establishment 
     of such procedures, the President shall publish in the 
     Federal Register notice regarding such procedures.
       ``(g) Pre-publication Review.--
       ``(1) In general.--The head of each agency that requires 
     personnel to sign a nondisclosure agreement in accordance 
     with Executive Order 12968 (50 U.S.C. 3161 note; relating to 
     access to classified information), or successor order, 
     providing for the submittal of materials for pre-publication 
     review, shall establish a process for the timely review of 
     such materials consistent with the requirements of this 
     title.
       ``(2) Requirements.--Each process established under 
     paragraph (1) shall include the following:
       ``(A) Clear guidance on materials required to be submitted 
     and the means of submission.
       ``(B) Mechanisms for ensuring consistent decision making 
     across multiple agencies.
       ``(C) Mechanisms for appeal of decisions made in the course 
     of the review process.
       ``(3) Centralized appeal.--The President shall establish a 
     mechanism for centralized appeal of agency decisions made 
     pursuant to this subsection.''.
       (b) Conforming Amendment to FOIA.--Section 552(b)(1) of 
     title 5, United States Code, is amended to read as follows:
       ``(1)(A) specifically authorized to be classified under the 
     title VIII of the National Security Act of 1947, or 
     specifically authorized under criteria established by an 
     Executive order to be kept secret in the interest of national 
     security; and
       ``(B) are in fact properly classified pursuant to that 
     title or Executive order;''.
       (c) Effective Date.--
       (1) In general.--Section 821 of the National Security Act 
     of 1947, as added by subsection (a), and the amendment made 
     by subsection (b), shall take effect on the date that is 180 
     days after the date of the enactment of this Act.
       (2) Relation to presidential directives.--Presidential 
     directives regarding classifying, safeguarding, and 
     declassifying national security information, including 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, in effect on the day before the date of the enactment 
     of this Act, as well as procedures issued pursuant to such 
     Presidential directives, shall remain in effect until 
     superseded by procedures issues pursuant to section 821 of 
     the National Security Act of 1947, as added by subsection 
     (a).

     SEC. 722. DECLASSIFICATION WORKING CAPITAL FUNDS.

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

     ``SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS.

       ``(a) Definition of Covered Agency.--In this section, the 
     term `covered agency' means an agency that has original 
     classification authority.
       ``(b) Programs Required.--Not later than 90 days after the 
     date of the enactment of the Classification Reform Act of 
     2023, each head of a covered agency shall establish a program 
     for the automatic declassification of classified records that 
     have permanent historical value.
       ``(c) Estimates.--Each head of a covered agency shall 
     ensure that the program established by the head pursuant to 
     subsection (b)

[[Page S2774]]

     includes a mechanism for estimating the number of classified 
     records generated by each subcomponent of the covered agency 
     each fiscal year.
       ``(d) Declassification Working Capital Funds.--
       ``(1) Establishment.--For each covered agency, there is 
     established in the Treasury of the United States a fund to be 
     known as the `Declassification Working Capital Fund' of the 
     respective covered agency.
       ``(2) Contents of funds.--Each fund established under 
     paragraph (1) shall consist of the following:
       ``(A) Amounts transferred to the fund under subsection (e).
       ``(B) Amounts appropriated to the fund.
       ``(3) Availability and use of funds.--Subject to the 
     concurrence of the Executive Agent for Classification and 
     Declassification, amounts in a fund of a covered agency 
     established by paragraph (1) shall be available, without 
     fiscal year limitation, to promote and implement 
     technological and automated solutions that are interoperable 
     across covered agencies to support the programs of covered 
     agencies established pursuant to subsection (b).
       ``(e) Transfers to the Funds.--Each head of a covered 
     agency shall issue regulations for the covered agency, 
     subject to review and approval by the Executive Agent for 
     Classification and Declassification, that require each 
     subcomponent of the covered agency to transfer, on a periodic 
     basis, to the fund established for the covered agency under 
     subsection (c)(1), an amount for a period that bears the same 
     ratio to the total amount transferred to the fund by all 
     subcomponents of the covered agency for that period as the 
     ratio of--
       ``(1) the estimate for the subcomponent pursuant to the 
     mechanism required by subsection (c) for that period; bears 
     to
       ``(2) the aggregate of all of the estimates for all 
     subcomponents of the Executive agency under such mechanism 
     for the same period.''.

     SEC. 723. TRANSPARENCY OFFICERS.

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

      CHAPTER 4--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION

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

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

           ``Subtitle E--Protection of Classified Information

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

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

     SEC. 732. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

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

     ``SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

       ``(a) Mishandling or Unauthorized Disclosure of Classified 
     Information Defined.--In this section, the term `mishandling 
     or unauthorized disclosure of classified information' means 
     any unauthorized storage, retention, communication, 
     confirmation, acknowledgment, or physical transfer of 
     classified information.
       ``(b) Assessments.--The Director of the National 
     Counterintelligence and Security Center shall prepare a 
     written assessment of the risk to national security from any 
     mishandling or unauthorized disclosure of classified 
     information involving the conduct of the President, Vice 
     President, or an official listed in Level I of the Executive 
     Schedule under section 5312 of title 5, United States Code, 
     within 90 days of the detection of such mishandling or 
     unauthorized disclosure.
       ``(c) Description of Risks.--A written assessment prepared 
     pursuant to subsection (b)

[[Page S2775]]

     shall describe the risk to national security if the 
     classified information were to be exposed in public or to a 
     foreign adversary.
       ``(d) Submittal of Assessments.--Each written assessment 
     prepared pursuant to subsection (b) shall be submitted to 
     Congress, in classified form, upon completion.''.
       (b) Prospective Application.--Section 832 of such Act, as 
     added by subsection (a), shall apply to incidents of 
     mishandling or unauthorized disclosure of classified 
     information (as defined in such section) detected on or after 
     the date of the enactment of this Act.

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

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

                        CHAPTER 5--OTHER MATTERS

     SEC. 741. PROHIBITIONS.

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

     SEC. 742. CONFORMING AMENDMENT.

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

     SEC. 743. CLERICAL AMENDMENT.

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

       ``TITLE VIII--PROTECTION OF NATIONAL SECURITY INFORMATION

                       ``Subtitle A--Definitions

``Sec. 800. Definitions.

       ``Subtitle B--Access to Classified Information Procedures

``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.

            ``Subtitle C--Security Classification Governance

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

           ``Subtitle D--Classification and Declassification

``Sec. 821. Classification and declassification of information.
``Sec. 822. Declassification working capital funds.

           ``Subtitle E--Protection of Classified Information

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

            Subtitle B--Sensible Classification Act of 2023

     SEC. 751. SHORT TITLE.

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

     SEC. 752. DEFINITIONS.

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

     SEC. 753. FINDINGS AND SENSE OF THE SENATE.

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

     SEC. 754. CLASSIFICATION AUTHORITY.

       (a) In General.--The authority to classify information 
     originally may be exercised only by--
       (1) the President and, in the performance of executive 
     duties, the Vice President;
       (2) the head of an agency or an official of any agency 
     authorized by the President pursuant to a designation of such 
     authority in the Federal Register; and
       (3) an official of the Federal Government to whom authority 
     to classify information originally has been delegated 
     pursuant to subsection (c).
       (b) Scope of Authority.--An individual authorized by this 
     section to classify information originally at a specified 
     level may also classify the information originally at a lower 
     level.
       (c) Delegation of Original Classification Authority.--An 
     official of the Federal Government may be delegated original 
     classification authority subject to the following:
       (1) Delegation of original classification authority shall 
     be limited to the minimum required to administer this 
     section. Agency heads shall be responsible for ensuring that 
     designated subordinate officials have a demonstrable and 
     continuing need to exercise this authority.
       (2) Authority to originally classify information at the 
     level designated as ``Top Secret'' may be delegated only by 
     the President, in the performance of executive duties, the 
     Vice President, or an agency head or official designated 
     pursuant to subsection (a)(2).
       (3) Authority to originally classify information at the 
     level designated as ``Secret'' or ``Confidential'' may be 
     delegated only by the President, in the performance of 
     executive duties, the Vice President, or an agency head or 
     official designated pursuant to subsection (a)(2), or the 
     senior agency official described in section 5.4(d) of 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, provided that official has been delegated ``Top 
     Secret'' original classification authority by the agency 
     head.
       (4) Each delegation of original classification authority 
     shall be in writing and the authority shall not be 
     redelegated except as

[[Page S2776]]

     provided by paragraphs (1), (2), and (3). Each delegation 
     shall identify the official by name or position title.
       (d) Training Required.--
       (1) In general.--An individual may not be delegated 
     original classification authority under this section unless 
     the individual has first received training described in 
     paragraph (2).
       (2) Training described.--Training described in this 
     paragraph is training on original classification that 
     includes instruction on the proper safeguarding of classified 
     information and of the criminal, civil, and administrative 
     sanctions that may be brought against an individual who fails 
     to protect classified information from unauthorized 
     disclosure.
       (e) Exceptional Cases.--
       (1) In general.--When an employee, contractor, licensee, 
     certificate holder, or grantee of an agency who does not have 
     original classification authority originates information 
     believed by that employee, contractor, licensee, certificate 
     holder, or grantee to require classification, the information 
     shall be protected in a manner consistent with Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or successor order.
       (2) Transmittal.--An employee, contractor, licensee, 
     certificate holder, or grantee described in paragraph (1), 
     who originates information described in such paragraph, shall 
     promptly transmit such information to--
       (A) the agency that has appropriate subject matter interest 
     and classification authority with respect to this 
     information; or
       (B) if it is not clear which agency has appropriate subject 
     matter interest and classification authority with respect to 
     the information, the Director of the Information Security 
     Oversight Office.
       (3) Agency decisions.--An agency that receives information 
     pursuant to paragraph (2)(A) or (4) shall decide within 30 
     days whether to classify this information.
       (4) Information security oversight office action.--If the 
     Director of the Information Security Oversight Office 
     receives information under paragraph (2)(B), the Director 
     shall determine the agency having appropriate subject matter 
     interest and classification authority and forward the 
     information, with appropriate recommendations, to that agency 
     for a classification determination.

     SEC. 755. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

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

     SEC. 756. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

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

     SEC. 757. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION 
                   BOARD.

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

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

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

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

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

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

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

       Not later than 1 year after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to the congressional intelligence committees, the Committee 
     on Armed Services of the Senate, and

[[Page S2777]]

     the Committee on Armed Services of the House of 
     Representatives a review of the extent to which the 
     intelligence community can use information technology 
     services shared among the intelligence community for purposes 
     of personnel vetting, including with respect to human 
     resources, suitability, and security.

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

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

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

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

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

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

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

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

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

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

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

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

       (a) In General.--Section 19A(d)(5) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is 
     amended--
       (1) by striking ``Payments made'' and inserting the 
     following:
       ``(A) In general.--Payments made''; and
       (2) by adding at the end the following:
       ``(B) Relation to certain federal workers compensation 
     laws.--Without regard to the requirements in sections (b) and 
     (c), covered employees need not first seek benefits provided 
     under chapter 81 of title 5, United States Code, to be 
     eligible solely for payment authorized under paragraph (2) of 
     this subsection.''.
       (b) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall--
       (1) revise applicable regulations to conform with the 
     amendment made by subsection (a); and
       (2) submit to the congressional intelligence committees 
     copies of such regulations, as revised pursuant to paragraph 
     (1).

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

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

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

       (a) Definitions.--In this section:
       (1) Agency.--The term ``Agency'' means the Central 
     Intelligence Agency.

[[Page S2778]]

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

                       TITLE X--ELECTION SECURITY

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

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

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

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

       ``(a) In General.--
       ``(1) Establishment.--The Commission, in consultation with 
     the Secretary, shall establish an Independent Security 
     Testing and Coordinated Vulnerability Disclosure Pilot 
     Program for Election Systems (VDP-E) (in this section 
     referred to as the `program') in order to test for and 
     disclose cybersecurity vulnerabilities in election systems.
       ``(2) Duration.--The program shall be conducted for a 
     period of 5 years.
       ``(3) Requirements.--In carrying out the program, the 
     Commission, in consultation with the Secretary, shall--
       ``(A) establish a mechanism by which an election systems 
     vendor may make their election system (including voting 
     machines and source code) available to cybersecurity 
     researchers participating in the program;
       ``(B) provide for the vetting of cybersecurity researchers 
     prior to their participation in the program, including the 
     conduct of background checks;
       ``(C) establish terms of participation that--
       ``(i) describe the scope of testing permitted under the 
     program;
       ``(ii) require researchers to--

       ``(I) notify the vendor, the Commission, and the Secretary 
     of any cybersecurity vulnerability they identify with respect 
     to an election system; and
       ``(II) otherwise keep such vulnerability confidential for 
     180 days after such notification;

       ``(iii) require the good-faith participation of all 
     participants in the program;
       ``(iv) require an election system vendor, after receiving 
     notification of a critical or high vulnerability (as defined 
     by the National Institute of Standards and Technology) in an 
     election system of the vendor, to--

       ``(I) send a patch or propound some other fix or mitigation 
     for such vulnerability to the appropriate State and local 
     election officials, in consultation with the researcher who 
     discovered it; and
       ``(II) notify the Commission and the Secretary that such 
     patch has been sent to such officials;

       ``(D) in the case where a patch or fix to address a 
     vulnerability disclosed under subparagraph (C)(ii)(I) is 
     intended to be applied to a system certified by the 
     Commission, provide--
       ``(i) for the expedited review of such patch or fix within 
     90 days after receipt by the Commission; and
       ``(ii) if such review is not completed by the last day of 
     such 90-day period, that such patch or fix shall be deemed to 
     be certified by the Commission; and
       ``(E) 180 days after the disclosure of a vulnerability 
     under subparagraph (C)(ii)(I), notify the Director of the 
     Cybersecurity and Infrastructure Security Agency of the 
     vulnerability for inclusion in the database of Common 
     Vulnerabilities and Exposures.
       ``(4) Voluntary participation; safe harbor.--
       ``(A) Voluntary participation.--Participation in the 
     program shall be voluntary for election systems vendors and 
     researchers.

[[Page S2779]]

       ``(B) Safe harbor.--When conducting research under this 
     program, such research and subsequent publication shall be 
     considered to be:
       ``(i) Authorized in accordance with section 1030 of title 
     18, United States Code (commonly known as the `Computer Fraud 
     and Abuse Act'), (and similar state laws), and the election 
     system vendor will not initiate or support legal action 
     against the researcher for accidental, good-faith violations 
     of the program.
       ``(ii) Exempt from the anti-circumvention rule of section 
     1201 of title 17, United States Code (commonly known as the 
     `Digital Millennium Copyright Act'), and the election system 
     vendor will not bring a claim against a researcher for 
     circumvention of technology controls.
       ``(C) Rule of construction.--Nothing in this paragraph may 
     be construed to limit or otherwise affect any exception to 
     the general prohibition against the circumvention of 
     technological measures under subparagraph (A) of section 
     1201(a)(1) of title 17, United States Code, including with 
     respect to any use that is excepted from that general 
     prohibition by the Librarian of Congress under subparagraphs 
     (B) through (D) of such section 1201(a)(1).
       ``(5) Exempt from disclosure.--Cybersecurity 
     vulnerabilities discovered under the program shall be exempt 
     from section 552 of title 5, United States Code (commonly 
     referred to as the `Freedom of Information Act').
       ``(6) Definitions.--In this subsection:
       ``(A) Cybersecurity vulnerability.--The term `cybersecurity 
     vulnerability' means, with respect to an election system, any 
     security vulnerability that affects the election system.
       ``(B) Election infrastructure.--The term `election 
     infrastructure' means--
       ``(i) storage facilities, polling places, and centralized 
     vote tabulation locations used to support the administration 
     of elections for public office; and
       ``(ii) related information and communications technology, 
     including--

       ``(I) voter registration databases;
       ``(II) election management systems;
       ``(III) voting machines;
       ``(IV) electronic mail and other communications systems 
     (including electronic mail and other systems of vendors who 
     have entered into contracts with election agencies to support 
     the administration of elections, manage the election process, 
     and report and display election results); and
       ``(V) other systems used to manage the election process and 
     to report and display election results on behalf of an 
     election agency.

       ``(C) Election system.--The term `election system' means 
     any information system that is part of an election 
     infrastructure, including any related information and 
     communications technology described in subparagraph (B)(ii).
       ``(D) Election system vendor.--The term `election system 
     vendor' means any person providing, supporting, or 
     maintaining an election system on behalf of a State or local 
     election official.
       ``(E) Information system.--The term `information system' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code.
       ``(F) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(G) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 102 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501).''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     subtitle D of title II the following:

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

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

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

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

                        TITLE XI--OTHER MATTERS

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

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

     SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED 
                   ANOMALOUS PHENOMENA.

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

[[Page S2780]]

     not be allowable as indirect expenses for purposes of 
     contracts covered by such instruction, unless such material 
     and information is made available to the Director in 
     accordance with subsection (d).
       (2) Effective date and applicability.--Paragraph (1) shall 
     take effect on the date that is 60 days after the date of the 
     enactment of this Act and shall apply with respect to funding 
     from amounts appropriated before, on, or after such date.
       (g) Notice to Congress.--Not later than 30 days after the 
     date on which the Director has received a notification under 
     paragraph (1) of subsection (d) or information or material 
     under paragraph (2) of such subsection, the Director shall 
     provide written notification of such receipt to the 
     appropriate committees of Congress and congressional 
     leadership.
                                 ______