[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
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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.
______