[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Pages S5016-S5045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3202. Mr. COTTON (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 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 2026
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2026''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2026
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. Increase in employee compensation and benefits authorized by
law.
Sec. 104. Limitation on transfer and reprogramming of funds.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Unauthorized access to intelligence community property.
Sec. 302. Protection of Central Intelligence Agency facilities and
assets from unmanned aircraft.
Sec. 303. Modification of acquisition authorities.
Sec. 304. Strategies for enhancing jointness during modernization of
Common Processing, Exploitation, and Dissemination
systems.
Sec. 305. Annual survey of analytic objectivity among officers and
employees of elements of the intelligence community.
Sec. 306. Annual training requirement and report regarding analytic
standards.
Sec. 307. Estimate of cost to ensure compliance with Intelligence
Community Directive 705.
Sec. 308. Amendments regarding Presidential appointments for
intelligence community positions.
Sec. 309. Strengthening of Office of Intelligence and Analysis of the
Department of the Treasury.
Sec. 310. Counterintelligence support for Department of the Treasury
networks and systems.
Sec. 311. Report on Director's Initiatives Group personnel matters.
Sec. 312. Prohibition on availability of funds for certain activities
of the Overt Human Intelligence and Field Intelligence
Programs of the Office of Intelligence and Analysis of
the Department of Homeland Security.
Sec. 313. Higher Education Act of 1965 special rule.
Sec. 314. Annual Central Intelligence Agency workplace climate
assessment.
Sec. 315. Report on sensitive commercially available information.
Sec. 316. Report on secure mobile communications systems available to
employees and of the intelligence community.
Sec. 317. Plan for implementing an integrated system spanning the
intelligence community for accreditation of sensitive
compartmented information facilities.
Sec. 318. Counterintelligence threats to United States space interests.
Sec. 319. Chaplain Corps and Chief of Chaplains of the Central
Intelligence Agency.
Sec. 320. Review by Inspectors General of reform efforts for special
access programs and controlled access programs.
Sec. 321. Prohibition on contractors collecting or selling location
data of individuals at intelligence community locations.
Sec. 322. Technical amendment to procurement authorities of Central
Intelligence Agency.
Sec. 323. Consolidation of reporting requirements applicable to All-
domain Anomaly Resolution Office.
Sec. 324. Establishing processes and procedures for protecting Federal
Reserve information.
Sec. 325. Plan to establish commercial geospatial intelligence data and
services program management office.
Sec. 326. Inspector General review of adequacy of policies and
procedures governing use of commercial messaging
applications by intelligence community.
Sec. 327. Authority for National Security Agency to produce and
disseminate intelligence products.
Sec. 328. Conditions on procurement of telecommunications equipment by
intelligence community.
Sec. 329. Reforms to the Office of Intelligence and Analysis of the
Department of Homeland Security.
Sec. 330. Procedures regarding dissemination of nonpublicly available
information concerning United States persons.
Sec. 331. Prohibiting discrimination in the intelligence community.
Sec. 332. Annual report on Federal Bureau of Investigation case data.
TITLE IV--INTELLIGENCE COMMUNITY EFFICIENCY AND EFFECTIVENESS
Sec. 401. Short title.
Sec. 402. Modification of responsibilities and authorities of the
Director of National Intelligence.
Sec. 403. Reforms relating to the Office of the Director of National
Intelligence.
Sec. 404. Appointment of Deputy Director of National Intelligence and
Assistant Directors of National Intelligence.
Sec. 405. Reform of the National Intelligence Council and National
Intelligence Officers.
Sec. 406. Transfer of National Counterintelligence and Security Center
to Federal Bureau of Investigation.
Sec. 407. Redesignation and reform of National Counterterrorism Center.
Sec. 408. Transfer of National Counterproliferation and Biosecurity
Center.
Sec. 409. National Intelligence Task Forces.
Sec. 410. Repeal of various positions, units, centers, councils, and
offices.
Sec. 411. Limitation on use of Intelligence Community Management
Account funds for certain entities.
Sec. 412. Transfer of National Intelligence University.
TITLE V--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--Foreign Countries Generally
Sec. 501. Declassification of information relating to actions by
foreign governments to assist persons evading justice.
Sec. 502. Enhanced intelligence sharing relating to foreign adversary
biotechnological threats.
Sec. 503. Threat assessment regarding unmanned aircraft systems at or
near the international borders of the United States.
Sec. 504. Assessment of the potential effect of expanded partnerships
among western hemisphere countries.
[[Page S5017]]
Subtitle B--People's Republic of China
Sec. 511. Countering Chinese Communist Party efforts that threaten
Europe.
Sec. 512. Prohibition on intelligence community contracting with
Chinese military companies engaged in biotechnology
research, development, or manufacturing.
Sec. 513. Report on the wealth of the leadership of the Chinese
Communist Party.
Sec. 514. Assessment and report on investments by the People's Republic
of China in the agriculture sector of Brazil.
Sec. 515. Identification of entities that provide support to the
People's Liberation Army.
Sec. 516. Establishing a China Economics and Intelligence cell to
publish China Economic Power Report.
Sec. 517. Modification of annual reports on influence operations and
campaigns in the United States by the Chinese Communist
Party.
Subtitle C--The Russian Federation
Sec. 521. Assessment of Russian destabilization efforts.
Sec. 522. Enforcing sanctions with respect to the shadow fleet of the
Russian Federation.
Subtitle D--Other Foreign Countries
Sec. 531. Plan to enhance counternarcotics collaboration, coordination,
and cooperation with the Government of Mexico.
Sec. 532. Enhancing intelligence support to counter foreign adversary
influence in Sudan.
Sec. 533. Ukraine lessons learned working group.
Sec. 534. Improvements to requirement for monitoring of Iranian
enrichment of uranium-235.
Sec. 535. Duty to warn United States persons threatened by Iranian
lethal plotting.
TITLE VI--EMERGING TECHNOLOGIES
Sec. 601. Intelligence Community Technology Bridge Fund.
Sec. 602. Enhancing biotechnology talent within the intelligence
community.
Sec. 603. Enhanced intelligence community support to secure United
States genomic data.
Sec. 604. Ensuring intelligence community procurement of domestic
United States production of synthetic DNA and RNA.
Sec. 605. Report on identification of intelligence community sites for
advanced nuclear technologies.
Sec. 606. Addressing intelligence gaps relating to outbound investment
screening for biotechnology.
Sec. 607. Additional functions and requirements of Artificial
Intelligence Security Center.
Sec. 608. Artificial intelligence development and usage by intelligence
community.
Sec. 609. High-impact artificial intelligence systems.
Sec. 610. Application of artificial intelligence policies of the
intelligence community to publicly available models used
for intelligence purposes.
Sec. 611. Revision of interim guidance regarding acquisition and use of
foundation models.
Sec. 612. Strategy on intelligence coordination and sharing relating to
critical and emerging technologies.
TITLE VII--CLASSIFICATION REFORM AND SECURITY CLEARANCES
Sec. 701. Notification of certain declassifications.
Sec. 702. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and access
determinations.
Sec. 703. Establishing process parity for adverse security clearance
and access determinations.
Sec. 704. Reforms relating to inactive security clearances.
Sec. 705. Protection of classified information relating to budget
functions.
Sec. 706. Report on executive branch approval of access to classified
intelligence information outside of established review
processes.
TITLE VIII--WHISTLEBLOWERS
Sec. 801. Clarification of definition of employee for purposes of
reporting complaints or information to Inspector General.
Sec. 802. Protections for whistleblower disclosures to office of
legislative or congressional affairs.
Sec. 803. Prohibition against disclosure of whistleblower identity as
act of reprisal.
Sec. 804. Improvements regarding urgent concerns submitted to
Inspectors General of the intelligence community.
Sec. 805. Whistleblower protections relating to psychiatric testing or
examination.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Standard guidelines for intelligence community to report and
document anomalous health incidents.
Sec. 902. Review and declassification of intelligence relating to
anomalous health incidents.
TITLE X--OTHER MATTERS
Sec. 1001. Declassification of intelligence and additional transparency
measures relating to the COVID-19 pandemic.
Sec. 1002. Counterintelligence briefings for members of the Armed
Forces.
Sec. 1003. Denial of visas to foreign nationals known to be
intelligence officers for accreditation to multilateral
diplomatic missions.
Sec. 1004. Policy toward certain agents of foreign governments.
Sec. 1005. Tour limits of accredited diplomatic and consular personnel
of certain nations in the United States.
Sec. 1006. Strict enforcement of travel protocols and procedures of
accredited diplomatic and consular personnel of certain
nations in the United States.
Sec. 1007. Offenses involving espionage, procurement of citizenship or
naturalization unlawfully, or harboring or concealing
persons.
Sec. 1008. NEPA national security waivers for intelligence community
facilities.
Sec. 1009. Repeal of certain report requirements.
Sec. 1010. Review by Committee on Foreign Investment in the United
States of transactions in real estate near intelligence
community facilities.
Sec. 1011. Requiring penetration testing as part of the testing and
certification of voting systems.
Sec. 1012. Independent security testing and coordinated cybersecurity
vulnerability disclosure program for election systems.
Sec. 1013. Church Committee historical intelligence records processing.
Sec. 1014. Foreign material acquisitions.
Sec. 1015. Prohibition on admittance to national laboratories and
nuclear weapons production facilities.
Sec. 1016. Extension of Cybersecurity Information Sharing Act of 2015.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2026 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. 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.
SEC. 104. LIMITATION ON TRANSFER AND REPROGRAMMING OF FUNDS.
(a) Definition of National Intelligence Program.--In this
section, the term ``National Intelligence Program'' has the
meaning given such term in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003).
(b) Limitation.--None of the funds authorized to be
appropriated by this division or otherwise made available for
fiscal year 2026 for the National Intelligence Program may--
(1) be available for transfer or reprogramming until such
funds have been made available under the National
Intelligence Program for purposes of section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)); or
[[Page S5018]]
(2) be transferred or reprogrammed, except as authorized by
such section 102A(d).
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 2026.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
SEC. 301. UNAUTHORIZED ACCESS TO INTELLIGENCE COMMUNITY
PROPERTY.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by adding at the end the
following:
``SEC. 1115. UNAUTHORIZED ACCESS TO INTELLIGENCE COMMUNITY
PROPERTY.
``(a) In General.--It shall be unlawful, within the
jurisdiction of the United States, without authorization to
go upon any property that--
``(1) is under the jurisdiction of an element of the
intelligence community; and
``(2) has been clearly marked as closed or restricted.
``(b) Penalties.--Any person who violates subsection (a)
shall--
``(1) in the case of the first offense, be fined under
title 18, United States Code, imprisoned not more than 180
days, or both;
``(2) in the case of the second offense, be fined under
such title, imprisoned not more than 3 years, or both; and
``(3) in the case of the third or subsequent offense, be
fined under such title, imprisoned not more than 10 years, or
both.''.
(b) Clerical Amendment.--The table of contents preceding
section 2 of such Act is amended by adding at the end the
following:
``Sec. 1115. Unauthorized access to intelligence community property.''.
SEC. 302. 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 (and conforming the table of contents
at the beginning of such Act accordingly):
``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
``(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 the Judiciary, the Committee on
Commerce, Science, and Transportation, the Committee on
Homeland Security and Governmental Affairs, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate; and
``(C) the Committee on the Judiciary, the Committee on
Transportation and Infrastructure, the Committee on Homeland
Security, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
``(2) 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.
``(3) 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).
``(4) Covered facility or asset.--The term `covered
facility or asset' means property owned, leased, or
controlled by the Agency, property controlled and occupied by
the Federal Highway Administration located immediately
adjacent to the headquarters compound of the Agency, and
property owned, leased, or controlled by the Office of the
Director of National Intelligence where the property--
``(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 impacted airspace, through a risk-
based assessment for purposes of this section;
``(B) is located in the United States and beneath airspace
that is prohibited or restricted by the Federal Aviation
Administration;
``(C) is a property of which Congress has been notified is
covered under this paragraph; and
``(D) 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) or this Act.
``(5) Electronic communication.--The term `electronic
communication' has the meaning given such term in section
2510 of title 18, United States Code.
``(6) Intercept.--The term `intercept' has the meaning
given such term in section 2510 of title 18, United States
Code.
``(7) Oral communication.--The term `oral communication'
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 impacts 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 conducted in
coordination with the Secretary of Transportation and the
Administrator of the Federal Aviation Administration:
``(A) Potential impacts to 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 impacts to 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 the effects 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) United states.--The term `United States' has the
meaning given that term in section 5 of title 18, United
States Code.
``(11) Unmanned aircraft; unmanned aircraft system.--The
terms `unmanned aircraft' and `unmanned aircraft system' have
the meanings given those terms in section 44801 of title 49,
United States Code.
``(12) 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, or sections 32, 1030, and 1367 and
chapters 119 and 206 of title 18, United States Code, the
Director may take, and may authorize Agency personnel 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 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)(3).
``(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 passive or active and by
direct or indirect physical, electronic, radio, or
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, 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 over 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) Coordination.--The Director shall develop the actions
described in paragraph (1) in coordination with the Secretary
of Transportation.
``(3) Research, testing, training, and evaluation.--
``(A) In general.--The Director shall conduct research,
testing, 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).
``(B) Personnel.--Personnel and contractors who do not have
assigned duties that include the security or protection of
people, facilities, or assets may engage in research,
testing, training, and evaluation activities pursuant to
subparagraph (A).
[[Page S5019]]
``(4) FAA coordination.--The Director shall coordinate with
the Administrator of the Federal Aviation Administration on
any action described in paragraph (1) or (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 that is seized pursuant to subsection (b) as
described in subsection (c)(1) is subject to forfeiture to
the United States.
``(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, or 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--
``(A) is necessary for the investigation or prosecution of
a violation of law;
``(B) is necessary to fulfill a duty, responsibility, or
function of the Agency;
``(C) is required under Federal law; or
``(D) is for the purpose of any litigation; and
``(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,
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 (b);
``(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, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, as a part of
the budget request of the Agency for each fiscal year after
fiscal year 2026, a consolidated funding display that
identifies the funding source for the actions described in
subsection (c)(1) within the Agency.
``(2) Form.--Each funding display submitted pursuant to
paragraph (1) 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 the Intelligence Authorization Act for
Fiscal Year 2026 and semiannually thereafter, the Director
shall provide the appropriate committees of Congress 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, for the period covered by the briefing, the
following:
``(A) Policies, programs, and procedures to mitigate or
eliminate the effects of the activities described in
paragraph (1) to 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 affected 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 statutes, regulations, and policies that impede the
ability of the Agency to counter the threat posed by the
malicious use of unmanned aircraft systems and 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) Notification.--
``(A) In general.--Within 30 days of deploying any new
technology to carry out the actions described in subsection
(c)(1), the Director shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives a notification of the deployment
of such technology.
``(B) Contents.--Each notification submitted pursuant to
subparagraph (A) 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) Termination.--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
set forth in section 210G(i) of the Homeland Security Act of
2002 (6 U.S.C. 124n(i)).
``(k) 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).''.
SEC. 303. MODIFICATION OF ACQUISITION AUTHORITIES.
(a) Other Transaction Authority.--
(1) Limitations on amounts.--Clause (ii) of section
102A(n)(6)(C) of the National Security Act of 1947 (50 U.S.C.
3024(n)(6)(C)) is amended to read as follows:
``(ii) Subject to section 4022(a)(2) of such title, an
individual to whom authority has been delegated under
subparagraph (B) may enter into transactions and agreements
(other than contracts, cooperative agreements, and grants)
under this paragraph to carry out basic, applied, and
advanced research projects and prototype projects in support
of intelligence activities, if--
``(I) for any transaction or agreement of the National
Security Agency or the National Reconnaissance Office--
``(aa) the amount of the transaction or agreement does not
exceed $500,000,000; and
``(bb) for any transaction or agreement of an amount in
excess of $100,000,000 but not in excess of $500,000,000, the
Director of the National Security Agency or the Director of
the National Reconnaissance Office, as the case may be,
notifies the congressional intelligence committees at least
14 days prior to the execution of the agreement or
transaction that such agreement or transaction is essential
to meet critical national security objectives; and
``(II) for any transaction or agreement of an element of
the intelligence community not specified in clause (I), the
amount of the transaction or agreement does not exceed
$100,000,000.''.
(2) Exercise of authority.--Section 102A(n)(6)(C) of the
National Security Act of 1947 (50 U.S.C. 3024(n)(6)(C)) is
amended by adding at the end the following:
[[Page S5020]]
``(viii) A head of an element of the intelligence community
may enter into follow-on production contracts and
transactions using any authority provided to such head by law
(including regulation).''.
(b) Definition of Major System.--Section 506A(e)(3) of the
National Security Act of 1947 (50 U.S.C. 3097(e)(3)) is
amended by adding at the end the following: ``The Director
may determine that the term `major system' does not include a
software program.''.
SEC. 304. STRATEGIES FOR ENHANCING JOINTNESS DURING
MODERNIZATION OF COMMON PROCESSING,
EXPLOITATION, AND DISSEMINATION SYSTEMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security shall--
(1) develop two strategies, one for the 2-year period
beginning on that date that is 180 days after the date of the
enactment of this Act and one for a long-term period, for the
use by the Department of Defense of the Distributed Common
Ground System (referred to in this section as the
``system''), or any successor system, that each include input
from the military departments, the combatant commands, and
the joint commands with regard to such system, including--
(A) new requirements that the system is intended to
satisfy;
(B) any planned investment or divestment;
(C) a justification for the plan of any military department
to replace service-managed components of the system,
including a description of how the plan will enhance
processing, exploitation, and dissemination capability; and
(D) an explanation of how proposed changes to the
architecture of the system will improve the functionality or
interoperability of the system; and
(2) submit to the appropriate congressional committees a
copy of the strategies developed pursuant to paragraph (1).
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
SEC. 305. ANNUAL SURVEY OF ANALYTIC OBJECTIVITY AMONG
OFFICERS AND EMPLOYEES OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--Not less frequently than once each year,
each head of an element of the intelligence community
specified in subsection (c) shall--
(1) conduct a survey of analytic objectivity among officers
and employees of the element of the head who are involved in
the production of intelligence products; and
(2) submit to the congressional intelligence committees a
report on the findings of the head with respect to the most
recently completed survey under paragraph (1).
(b) Elements.--Each survey conducted pursuant to subsection
(a)(1) for an element of the intelligence community shall
cover the following:
(1) Perceptions of the officers and employees regarding the
presence of bias or politicization affecting the intelligence
cycle.
(2) Types of intelligence products perceived by the
officers and employees as most prone to objectivity concerns.
(3) Whether objectivity concerns identified by responders
to the survey were otherwise raised with an analytic
ombudsman or appropriate entity.
(c) Elements of the Intelligence Community Specified.--The
elements of the intelligence community specified in this
subsection are the following:
(1) The National Security Agency.
(2) The Defense Intelligence Agency.
(3) The National Geospatial-Intelligence Agency.
(4) Each intelligence element of the Army, the Navy, the
Air Force, the Marine Corps, the Space Force, and the Coast
Guard.
(5) The Directorate of Intelligence of the Federal Bureau
of Investigation.
(6) The Office of Intelligence and Counterintelligence of
the Department of Energy.
(7) The Bureau of Intelligence and Research of the
Department of State.
(8) The Office of Intelligence and Analysis of the
Department of Homeland Security.
(9) The Office of Intelligence and Analysis of the
Department of the Treasury.
SEC. 306. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING
ANALYTIC STANDARDS.
Section 6312 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3364 note;
Public Law 117-263) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Conduct of Training.--Training required pursuant to
the policy required by subsection (a) shall be a dedicated,
stand-alone training that includes instruction on avoiding
political bias.''; and
(2) in subsection (d)(1)--
(A) by striking ``number and themes of''; and
(B) by striking the period at the end and inserting ``,
including the number and themes of such incidents and a list
of each intelligence product reported during the preceding 1-
year period to the Analytic Ombudsman of the Office of the
Director of National Intelligence.''.
SEC. 307. ESTIMATE OF COST TO ENSURE COMPLIANCE WITH
INTELLIGENCE COMMUNITY DIRECTIVE 705.
(a) Estimate Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees an estimate of the amount of obligations expected
to be incurred by the Federal Government after the date of
the enactment of this Act to ensure that all sensitive
compartmented information facilities of the intelligence
community are compliant with Intelligence Community Directive
705.
(b) Contents.--The estimate submitted pursuant to
subsection (a) shall include the following:
(1) The estimate described in subsection (a), disaggregated
by element of the intelligence community.
(2) An implementation plan to ensure compliance described
in such subsection.
(3) Identification of the administrative actions or
legislative actions that may be necessary to ensure such
compliance.
SEC. 308. AMENDMENTS REGARDING PRESIDENTIAL APPOINTMENTS FOR
INTELLIGENCE COMMUNITY POSITIONS.
(a) Appointment of Deputy Director of the Central
Intelligence Agency.--
(1) In general.--Section 104B(a) of the National Security
Act of 1947 (50 U.S.C. 3037(a)) is amended by inserting ``,
by and with the advice and consent of the Senate'' after
``President''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the first date after the date of the
enactment of this Act that the position of Deputy Director of
the Central Intelligence Agency becomes vacant.
(b) Appointment of Deputy Director of the National Security
Agency.--Section 2 of the National Security Agency Act of
1959 (50 U.S.C. 3602) is amended by adding at the end the
following:
``(c) There is a Deputy Director of the National Security
Agency, who shall be appointed by the President, by and with
the advice and consent of the Senate.''.
(c) Appointment of Director of the Office of Intelligence
and Counterintelligence.--
(1) In general.--Section 215(c) of the Department of Energy
Organization Act (42 U.S.C. 7144b(c)) is amended to read as
follows:
``(c) Director.--
``(1) Appointment.--The head of the Office shall be the
Director of the Office of Intelligence and
Counterintelligence, who shall be appointed by the President,
by and with the advice and consent of the Senate. The
Director of the Office shall report directly to the
Secretary.
``(2) Term.--
``(A) In general.--The Director shall serve for a term of 6
years.
``(B) Reappointment.--The Director shall be eligible for
reappointment for one or more terms.
``(3) Qualifications.--The Director shall--
``(A) be an employee in the Senior Executive Service, the
Senior Intelligence Service, the Senior National Intelligence
Service, or any other Service that the Secretary, in
coordination with the Director of National Intelligence,
considers appropriate; and
``(B) have substantial expertise in matters relating to the
intelligence community, including foreign intelligence and
counterintelligence.''.
(2) Effective date.--The amendment made by this section
shall take effect on January 21, 2029.
(d) Appointment of Director of the National
Counterterrorism Center.--Section 119(b)(1) of the National
Security Act of 1947 (50 U.S.C. 3056(b)(1)) is amended by
striking ``President, by and with the advice and consent of
the Senate'' and inserting ``Director of National
Intelligence''.
(e) Appointment of Director of the National
Counterintelligence and Security Center.--Section 902(a) of
the Intelligence Authorization Act for Fiscal Year 2003 (50
U.S.C. 3382a)) is amended by striking ``President, by and
with the advice and consent of the Senate'' and inserting
``Director of National Intelligence''.
(f) Appointment of General Counsel of the Office of the
Director of National Intelligence.--Section 103C(a) of the
National Security Act of 1947 (50 U.S.C. 3028(a)) is amended
by striking ``by the President, by and with the advice and
consent of the Senate'' and inserting ``by the Director of
National Intelligence''.
(g) Appointment of General Counsel of the Central
Intelligence Agency.--Section 20(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3520(a)) is
amended by striking ``by the President, by and with the
advice and consent of the Senate'' and inserting ``by the
Director of the Central Intelligence Agency''.
SEC. 309. STRENGTHENING OF OFFICE OF INTELLIGENCE AND
ANALYSIS OF THE DEPARTMENT OF THE TREASURY.
(a) Improvements.--
(1) In general.--Section 311 of title 31, United States
Code, is amended to read as follows:
``Sec. 311. Office of Economic Intelligence and Security
``(a) Definitions.--In this section, the terms
`counterintelligence', `foreign intelligence', and
`intelligence community' have
[[Page S5021]]
the meanings given such terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(b) Establishment.--There is established, within the
Office of Terrorism and Financial Intelligence of the
Department of the Treasury, the Office of Economic
Intelligence and Security (in this section referred to as the
`Office'), which, subject to the availability of
appropriations, shall--
``(1) be responsible for the receipt, analysis, collation,
and dissemination of foreign intelligence and foreign
counterintelligence information relating to the operation and
responsibilities of the Department of the Treasury and other
Federal agencies executing economic statecraft tools that do
not include any elements that are elements of the
intelligence community;
``(2) provide intelligence support and economic analysis to
Federal agencies implementing United States economic policy,
including for purposes of global strategic competition; and
``(3) have such other related duties and authorities as may
be assigned by the Secretary for purposes of the
responsibilities described in paragraph (1), subject to the
authority, direction, and control of the Secretary, in
consultation with the Director of National Intelligence.
``(c) Assistant Secretary for Economic Intelligence and
Security.--The Office shall be headed by an Assistant
Secretary, who shall be appointed by the President, by and
with the advice and consent of the Senate. The Assistant
Secretary shall report directly to the Undersecretary for
Terrorism and Financial Crimes.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 311 and inserting the following:
``Sec. 311. Office of Economic Intelligence and Security.''.
(3) Conforming amendment.--Section 3(4)(J) of the National
Security Act of 1947 (50 U.S.C. 3003(4)(J)) is amended by
striking ``Office of Intelligence and Analysis'' and
inserting ``Office of Economic Intelligence and Security''.
(4) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Office of Intelligence and Analysis of the Department of the
Treasury shall be deemed a reference to the Office of
Economic Intelligence and Security of the Department of the
Treasury.
(b) Strategic Plan and Effective Date.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate; and
(C) the Committee on Financial Services and the Committee
on Appropriations of the House of Representatives.
(2) In general.--Subsection (a) shall take effect on the
date that is 180 days after the date on which the Secretary
of the Treasury submits to the appropriate committees of
Congress a 3-year strategic plan detailing the resources
required by the Department of the Treasury.
(3) Contents.--The strategic plan submitted pursuant to
paragraph (2) shall include the following:
(A) Staffing and administrative expenses planned for the
Department for the 3-year period beginning on the date of the
submittal of the plan, including resourcing requirements for
each office and division in the Department during such
period.
(B) Structural changes and resources, including leadership
structure and staffing, required to implement subsection (a)
during the period described in subparagraph (A).
(c) Limitation.--None of the amounts appropriated or
otherwise made available before the date of the enactment of
this Act for the Office of Foreign Assets Control, the
Financial Crimes Enforcement Network, the Office of
International Affairs, the Office of Tax Policy, or the
Office of Domestic Finance may be transferred or reprogrammed
to support the Office of Economic Intelligence and Security
established by section 311 of title 31, United States Code,
as added by subsection (a).
SEC. 310. COUNTERINTELLIGENCE SUPPORT FOR DEPARTMENT OF THE
TREASURY NETWORKS AND SYSTEMS.
(a) In General.--The head of the Office of
Counterintelligence of the Office of Intelligence and
Analysis of the Department of the Treasury shall implement
policies and procedures that ensure counterintelligence
support--
(1) to all entities of the Department of the Treasury
responsible for safeguarding networks and systems; and
(2) for coordination between counterintelligence threat
mitigation activities and cyber network and system defense
efforts.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the head described in subsection (a)
shall submit to the congressional intelligence committees a
report on the status of the implementation of such
subsection.
SEC. 311. REPORT ON DIRECTOR'S INITIATIVES GROUP PERSONNEL
MATTERS.
(a) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on personnel matters of the Director's
Initiatives Group.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) The process for hiring members of the Director's
Initiatives Group.
(2) A list of personnel of such group, from the date of the
creation of the group, including a description of
responsibilities for each of the personnel.
(3) Funding sources for personnel of such group.
(4) A list of which personnel of such group received
security clearances and the process for receiving such
security clearances.
(c) Notice Regarding Actions Affecting National
Intelligence Program Resources.--Not later than 30 days
before taking any action affecting the resources of the
National Intelligence Program (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), the Director
shall submit to the congressional intelligence committees
notice of the intent of the Director to take such action.
SEC. 312. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN
ACTIVITIES OF THE OVERT HUMAN INTELLIGENCE AND
FIELD INTELLIGENCE PROGRAMS OF THE OFFICE OF
INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity''
means--
(A) with respect to the Field Intelligence Program, an
interview for intelligence collection purposes with any
individual, including a United States person, who has been
criminally charged, arraigned, or taken into the custody of a
Federal, State, or local law enforcement agency, but whose
guilt with respect to such criminal matters has not yet been
adjudicated, unless the Office of Intelligence and Analysis
has obtained the consent of the interviewee following
consultation with counsel;
(B) with respect to the Field Intelligence Program, any
collection targeting journalists in the performance of their
journalistic functions; and
(C) with respect to the Field Intelligence Program, an
interview for intelligence collection purposes with a United
States person where the Office of Intelligence and Analysis
lacks a reasonable belief based on facts and circumstances
that the United States person may possess significant foreign
intelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)).
(2) Field intelligence program.--The term ``Field
Intelligence Program'' means the program established by the
Under Secretary of Homeland Security for Intelligence and
Analysis pursuant to Policy Instruction 907 of the Office of
Intelligence and Analysis, issued on June 29, 2016, and
subsequently renamed in a Policy Guidance Memorandum issued
by the Under Secretary of Homeland Security for Intelligence
and Analysis on December 24, 2024.
(3) Open source intelligence collection program.--The term
``Open Source Intelligence Collection Program'' means the
program established by the Under Secretary of Homeland
Security for Intelligence and Analysis for the purpose of
collecting intelligence and information for potential
production and reporting in the form of Open Source
Information Reports as reflected in Policy Instruction 900 of
the Office of Intelligence and Analysis, issued on January
13, 2015, or any successor program.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) an alien known by the Office of Intelligence and
Analysis to be a permanent resident alien;
(C) an unincorporated association substantially composed of
United States citizens or permanent resident aliens; or
(D) a corporation incorporated in the United States, except
for a corporation directed and controlled by a foreign
government or governments.
(5) United states person information.--The term ``United
States person information''--
(A) means information that is reasonably likely to identify
1 or more specific United States persons; and
(B) may be either a single item of information or
information that, when combined with other available
information, is reasonably likely to identify 1 or more
specific United States persons.
(b) Prohibition on Availability of Funds for Covered
Activities of Field Intelligence Program and Open Source
Intelligence Collection Program.--None of the funds
authorized to be appropriated by this division may be made
available to the Office of Intelligence and Analysis of the
Department of Homeland Security to conduct a covered
activity.
(c) Limitation on Personnel.--None of the funds authorized
to be appropriated by this division may be used by the Office
of Intelligence and Analysis of the Department of Homeland
Security to increase, above the staffing level in effect on
the day before the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2024 (division G of Public
Law 118-31), the number of personnel assigned to the Open
Source Intelligence Division who work exclusively or
predominantly on domestic terrorism issues.
(d) Rules of Construction.--
[[Page S5022]]
(1) Effect on other intelligence oversight.--Nothing in
this section shall be construed as limiting or superseding
the authority of any official within the Department of
Homeland Security to conduct legal, privacy, civil rights, or
civil liberties oversight of the intelligence activities of
the Office of Intelligence and Analysis.
(2) Sharing and receiving intelligence information.--
Nothing in this section shall be construed to prohibit, or to
limit the authority of personnel of the Office of
Intelligence and Analysis of the Department of Homeland
Security from sharing intelligence information with, or
receiving information from--
(A) foreign, State, local, Tribal, or territorial
governments (or any agency or subdivision thereof);
(B) the private sector; or
(C) other elements of the Federal Government, including the
components of the Department of Homeland Security.
SEC. 313. HIGHER EDUCATION ACT OF 1965 SPECIAL RULE.
Section 135 of the Higher Education Act of 1965 (20 U.S.C.
1015d) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Special Rule.--With respect to a member of a
qualifying Federal service who is an officer or employee of
an element of the intelligence community, the term `permanent
duty station', as used in this section, shall exclude a
permanent duty station that is within 50 miles of the
headquarters facility of such element.''.
SEC. 314. ANNUAL CENTRAL INTELLIGENCE AGENCY WORKPLACE
CLIMATE ASSESSMENT.
Section 30 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3531) is amended by adding at the end the
following:
``(d) Annual Agency Climate Assessment.--
``(1) In general.--Not less frequently than once every 365
days, the Director shall--
``(A) complete an Agency climate assessment--
``(i) that does not request any information that would make
an Agency employee or an Agency employee's position
identifiable;
``(ii) for the purposes of--
``(I) preventing and responding to sexual assault and
sexual harassment; and
``(II) examining the prevalence of sexual assault and
sexual harassment occurring among the Agency's workforce; and
``(iii) that includes an opportunity for Agency employees
to express their opinions regarding the manner and extent to
which the Agency responds to allegations of sexual assault
and complaints of sexual harassment, and the effectiveness of
such response; and
``(B) submit to the appropriate congressional committees
the findings of the Director with respect to the climate
assessment completed pursuant to subparagraph (A).
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate; and
``(B) the Permanent Select Committee on Intelligence and
the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.''.
SEC. 315. REPORT ON SENSITIVE COMMERCIALLY AVAILABLE
INFORMATION.
(a) Definitions.--
(1) Commercially available information.--The term
``commercially available information'' means--
(A) any data or other information of the type customarily
made available or obtainable and sold, leased, or licensed to
members of the general public or to non-governmental entities
for purposes other than governmental purposes; or
(B) data and information for exclusive government use
knowingly and voluntarily provided by, procured from, or made
accessible by corporate entities on their own initiative or
at the request of a government entity.
(2) Personally identifiable information.--The term
``personally identifiable information'' means information
that, alone or when combined with other information regarding
an individual, can be used to distinguish or trace the
identity of such individual.
(3) Sensitive activities.--The term ``sensitive
activities'' means activities that, over an extended period
of time--
(A) establish a pattern of life;
(B) reveal personal affiliations, preferences, or
identifiers;
(C) facilitate prediction of future acts;
(D) enable targeting activities;
(E) reveal the exercise of individual rights and freedoms,
including the right to freedom of speech and of the press, to
free exercise of religion, to peaceably assemble, including
membership or participation in organizations or associations,
and to petition the government; or
(F) reveal any other activity the disclosure of which could
cause substantial harm, embarrassment, inconvenience, or
unfairness to the United States person who engaged in the
activity.
(4) Sensitive commercially available information.--The term
``sensitive commercially available information''--
(A) means commercially available information that is known
or reasonably expected to contain--
(i) a substantial volume of personally identifiable
information regarding United States persons; or
(ii) a greater than de minimis volume of sensitive data;
(B) shall not include--
(i) newspapers or other periodicals;
(ii) weather reports;
(iii) books;
(iv) journal articles or other published works;
(v) public filings or records;
(vi) documents or databases similar to those described in
clauses (i) through (v), whether accessed through a
subscription or accessible free of cost; or
(vii) limited data samples made available to elements of
the intelligence community for the purposes of allowing such
elements to determine whether to purchase the full dataset
and not accessed, retained, or used for any other purpose.
(5) Sensitive data.--The term ``sensitive data'' means data
that--
(A)(i) captures personal attributes, conditions, or
identifiers that are traceable to 1 or more specific United
States persons, either through the dataset or by correlating
the dataset with other available information; and
(ii) concerns the race or ethnicity, political opinions,
religious beliefs, sexual orientation, gender identity,
medical or genetic information, financial data, or any other
data with respect to such specific United States person or
United States persons the disclosure of which would have the
potential to cause substantial harm, embarrassment,
inconvenience, or unfairness to the United States person or
United States persons described by the data; or
(B) captures the sensitive activities of 1 or more United
States persons.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an unorganized association substantially composed of
United States citizens or permanent resident aliens; or
(C) an entity organized under the laws of the United States
or of any jurisdiction within the United States, with the
exception of any such entity directed or controlled by a
foreign government.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter, the head
of each element of the intelligence community shall submit to
the congressional intelligence committees a report on the
access to, collection, processing, and use of sensitive
commercially available information by the respective element.
(2) Contents.--
(A) In general.--For each dataset containing sensitive
commercially available information accessed, collected,
processed, or used by the element concerned for purposes
other than research and development, a report required by
paragraph (1) shall include the following:
(i) A description of the nature and volume of the sensitive
commercially available information accessed or collected by
the element.
(ii) A description of the mission or administrative need or
function for which the sensitive commercially available
information is accessed or collected, and of the nature,
scope, reliability, and timeliness of the dataset required to
fulfill such mission or administrative need or function.
(iii) A description of the purpose of the access,
collection, or processing, and the intended use of the
sensitive commercially available information.
(iv) An identification of the legal authority for the
collection or access, and processing of the sensitive
commercially available information.
(v) An identification of the source of the sensitive
commercially available information and the persons from whom
the sensitive commercially available information was accessed
or collected.
(vi) A description of the mechanics of the access,
collection, and processing of the sensitive commercially
available information, including the Federal entities that
participated in the procurement process.
(vii) A description of the method by which the element has
limited the access to and collection and processing of the
sensitive commercially available information to the maximum
extent feasible consistent with the need to fulfill the
mission or administrative need.
(viii) An assessment of whether the mission or
administrative need can be fulfilled if reasonably available
privacy-enhancing techniques, such as filtering or
anonymizing, the application of traditional safeguards,
including access limitations and retention limits,
differential privacy techniques, or other information-masking
techniques, such as restrictions or correlation, are
implemented with respect to information concerning United
States persons.
(ix) An assessment of the privacy and civil liberties risks
associated with accessing, collecting, or processing the data
and the methods by which the element mitigates such risks.
(x) An assessment of the applicability of section 552a of
title 5, United States Code
[[Page S5023]]
(commonly referred to as the ``Privacy Act of 1974''), if
any.
(xi) To the extent feasible, an assessment of the original
source of the data and the method through which the dataset
was generated and aggregated, and whether any element of the
intelligence community previously accessed or collected the
same or similar sensitive commercially available information
from the source.
(xii) An assessment of the quality and integrity of the
data, including, as appropriate, whether the sensitive
commercially available information reflects any underlying
biases or inferences, and efforts to ensure that any
intelligence products created with the data are consistent
with the standards of the intelligence community for accuracy
and objectivity.
(xiii) An assessment of the security, operational, and
counterintelligence risks associated with the means of
accessing or collecting the data, and recommendations for how
the element could mitigate such risks.
(xiv) A description of the system in which the data is
retained and processed and how the system is properly secured
while allowing for effective implementation, management, and
audit, as practicable, of relevant privacy and civil
liberties protections.
(xv) An assessment of security risks posed by the system
architecture of vendors providing sensitive commercially
available information or access to such sensitive
commercially available information, access restrictions for
the data repository of each such vendor, and the vendor's
access to query terms and, if any, relevant safeguards.
(xvi) A description of procedures to restrict access to the
sensitive commercially available information.
(xvii) A description of procedures for conducting,
approving, documenting, and auditing queries, searches, or
correlations with respect to the sensitive commercially
available information.
(xviii) A description of procedures for restricting
dissemination of the sensitive commercially available
information, including deletion of information of United
States persons returned in response to a query or other
search unless the information is assessed to be associated or
potentially associated with the documented mission-related
justification for the query or search.
(xix) A description of masking and other privacy-enhancing
techniques used by the element to protect sensitive
commercially available information.
(xx) A description of any retention and deletion policies.
(xxi) A determination of whether unevaluated data or
information has been made available to other elements of the
intelligence community or foreign partners and, if so,
identification of those elements or partners.
(xxii) A description of any licensing agreements or
contract restrictions with respect to the sensitive
commercially available information.
(xxiii) A data management plan for the lifecycle of the
data, from access or collection to disposition.
(xxiv) For any item required by clauses (i) through (xxiii)
that cannot be completed due to exigent circumstances
relating to collecting, accessing, processing, or using
sensitive commercially available information, a description
of such exigent circumstances.
(B) Research and development data.--For each dataset
containing sensitive commercially available information
accessed, collected, processed, or used by the element
concerned solely for research and development purposes, a
report required by paragraph (1) may be limited to a
description of the oversight by the element of such access,
collection, process, and use.
(c) Public Report.--The Director of National Intelligence
shall make available to the public, once every 2 years, a
report on the policies and procedures of the intelligence
community with respect to access to and collection,
processing, and safeguarding of sensitive commercially
available information.
SEC. 316. REPORT ON SECURE MOBILE COMMUNICATIONS SYSTEMS
AVAILABLE TO EMPLOYEES AND OF THE INTELLIGENCE
COMMUNITY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the secure mobile communications
systems available to employees and officers of the
intelligence community, disaggregated by element of the
intelligence community.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) The number of employees and officers of the
intelligence community using each secure mobile
communications system, disaggregated by element of the
intelligence community and by employee or officer level.
(2) An estimate of the expenditures incurred by the
intelligence community to develop and maintain the systems
described in subsection (a), disaggregated by system, element
of the intelligence community, year, and number of mobile
devices using or accessing the systems.
(3) A list of the capabilities of each system and the level
of classification for each.
(4) For each system described in subsection (a),
identification of the element of the intelligence community
that developed and maintains the system and whether that
element has service agreements with other elements of the
intelligence community for use of the system.
(5) Identification of any secure mobile communications
systems that are in development, the capabilities of such
systems, how far along such systems are in development, and
an estimate of when the systems will be ready for deployment.
(c) Form.--The report submitted pursuant to subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 317. PLAN FOR IMPLEMENTING AN INTEGRATED SYSTEM SPANNING
THE INTELLIGENCE COMMUNITY FOR ACCREDITATION OF
SENSITIVE COMPARTMENTED INFORMATION FACILITIES.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(1) develop a plan to implement an integrated tracking
system that spans the intelligence community for the
accreditation of sensitive compartmented information
facilities to increase transparency, track the status of
accreditation, and to reduce and minimize duplication of
effort; and
(2) submit to the congressional intelligence committees the
plan developed pursuant to paragraph (1).
(b) Elements.--The plan required by subsection (a)(1) shall
include the following:
(1) An estimated cost of implementing the plan.
(2) A description for how applicants and cleared industry
could monitor the status of their sensitive compartmented
information facility accreditation.
(3) Guidelines for minimizing duplication of effort across
the intelligence community and the Department of Defense in
the accreditation process for sensitive compartmented
information facilities.
(4) Creation of a mechanism to track compliance with
Intelligence Community Directive 705 (relating to sensitive
compartmented information facilities), or successor
directive.
(5) Proposed measures for increasing security against
adversary threats.
(6) A list of any administrative and legislative actions
that may be necessary to carry out the plan.
SEC. 318. COUNTERINTELLIGENCE THREATS TO UNITED STATES SPACE
INTERESTS.
(a) Assessment of Counterintelligence Vulnerabilities of
the National Aeronautics and Space Administration.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Director of the
Federal Bureau of Investigation, shall submit to the
appropriate congressional committees an assessment of the
counterintelligence vulnerabilities of the National
Aeronautics and Space Administration.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) An assessment of the vulnerability of the security
practices and facilities of the National Aeronautics and
Space Administration to efforts by nation-state and non-
nation-state actors to acquire United States space
technology.
(B) An assessment of the counterintelligence threat posed
by nationals of the Russian Federation at the Johnson Space
Center in Houston, Texas.
(C) Recommendations for how the National Aeronautics and
Space Administration can mitigate any counterintelligence
gaps identified under subparagraphs (A) and (B).
(D) A description of efforts of the National Aeronautics
and Space Administration to respond to the efforts of state
sponsors of terrorism, other foreign countries, and entities
to illicitly acquire United States satellites and related
items as described in reports submitted by the Director of
National Intelligence pursuant to section 1261 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239).
(E) An evaluation of the effectiveness of the efforts of
the National Aeronautics and Space Administration described
in subparagraph (D).
(3) Cooperation by national aeronautics and space
administration.--The Administrator of the National
Aeronautics and Space Administration shall cooperate fully
with the Director of National Intelligence and the Director
of the Federal Bureau of Investigation in submitting the
assessment required by paragraph (1).
(4) Form.--The assessment required by paragraph (1) may be
submitted in unclassified form with a classified annex.
(5) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(C) the Committee on Appropriations and the Committee on
Science, Space, and Technology of the House of
Representatives.
(b) Sunset.--Section 1261(e)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239)
is amended by inserting ``until December 31, 2026'' after
``thereafter''.
(c) Counterintelligence Support to Commercial Spaceports.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act,
[[Page S5024]]
the head of the Counterintelligence Division of the Federal
Bureau of Investigation, in coordination with the head of the
Office of Private Sector of the Federal Bureau of
Investigation, shall--
(A) develop an assessment of the counterintelligence risks
to commercial spaceports; and
(B) distribute the assessment to--
(i) each field office of the Federal Bureau of
Investigation the area of responsibility of which includes a
federally licensed commercial spaceport;
(ii) the leadership of each federally licensed commercial
spaceport; and
(iii) the congressional intelligence committees.
(2) Classification.--The assessment required by paragraph
(1) shall be distributed at the lowest classification level
possible, but may include classified annexes at higher
classification levels.
SEC. 319. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 26 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3527) is amended to read as follows:
``SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
``(a) Establishment of Chaplain Corps.--There is in the
Agency a Chaplain Corps for the provision of spiritual and
religious pastoral services.
``(b) Chief of Chaplains.--The head of the Chaplain Corps
shall be the Chief of Chaplains, who shall be appointed by
the Director and report directly to the Director.
``(c) Global Presence, Services.--Chaplains of the Chaplain
Corps shall--
``(1) be located--
``(A) at the headquarters building of the Agency; and
``(B) outside the United States in each region of the
regional mission centers of the Agency; and
``(2) travel as necessary to provide services to personnel
of the Agency where such personnel are located.
``(d) Staff.--
``(1) Employees.--The Chaplain Corps--
``(A) shall be staffed by full-time employees of the
Agency; and
``(B) shall not be staffed by any government contractor.
``(2) Service.--
``(A) Exclusive role.--A member of the staff of the
Chaplain Corps shall serve exclusively in the member's role
in the Chaplain Corps.
``(B) Not collateral duty.--Assignment to the Chaplain
Corps shall not be a collateral duty.
``(3) Appointment; compensation.--The Director may appoint
and fix the compensation of such staff of the Chaplain Corps
as the Director considers appropriate, except that the
Director may not provide basic pay to any member of the staff
of the Chaplain Corps at an annual rate of basic pay in
excess of the maximum rate of basic pay for grade GS-15 of
the General Schedule under section 5332 of title 5, United
States Code.
``(4) Number of chaplains.--The ratio of chaplains of the
Chaplain Corps to personnel of the Agency shall be, to the
extent practicable, equal to the ratio of chaplains of the
Armed Forces to members of the Armed Forces.
``(5) Qualifications of chaplains.--Each chaplain of the
Chaplain Corps shall--
``(A) before being hired to the Chaplain Corps--
``(i) have had experience in chaplaincy or the provision of
pastoral care; and
``(ii) be board certified and licensed as a chaplain by a
national chaplaincy and pastoral care organization or
equivalent; and
``(B) maintain such certification while in the Chaplain
Corps.
``(e) Administration.--The Director shall--
``(1) reimburse members of the staff of the Chaplain Corps
for work-related travel expenses;
``(2) provide security clearances, including one-time read-
ins, to such members to ensure that personnel of the Agency
can seek unrestricted chaplaincy counseling; and
``(3) furnish such physical workspace at the headquarters
building of the Agency, and outside the United States in each
region of the regional missions centers of the Agency, as the
Director considers appropriate.
``(f) Privacy.--The Director shall implement privacy
standards with respect to the physical workspaces of the
Chaplain Corps to ensure privacy for individuals visiting
such spaces.
``(g) Protection of Chaplain Corps.--The Director may not
require a chaplain of the Chaplain Corps to perform any rite,
ritual, or ceremony that is contrary to the conscience, moral
principles, or religious beliefs of such chaplain.
``(h) Certifications to Congress.--Not less frequently than
annually, the Director shall certify to Congress whether the
chaplains of the Chaplain Corps meet the qualifications
described in subsection (d)(5)(B).''.
SEC. 320. REVIEW BY INSPECTORS GENERAL OF REFORM EFFORTS FOR
SPECIAL ACCESS PROGRAMS AND CONTROLLED ACCESS
PROGRAMS.
(a) Review Required.--
(1) In general.--The Inspector General of the Intelligence
Community and the Inspector General of the Department of
Defense (in this section referred to as the ``Inspectors
General'') shall jointly conduct a review of the processes,
oversight, and management of the Department of Defense and
the Office of the Director of National Intelligence for
special access programs and controlled access programs,
regardless of funding source.
(2) Elements.--In carrying out paragraph (1), the
Inspectors General shall jointly review the following:
(A) The processes the Department of Defense and the Office
of the Director of National Intelligence follow to create and
maintain special access programs and controlled access
programs for personnel of the Department and the intelligence
community, respectively.
(B) Reforms to the oversight and management of special
access programs and controlled access programs at the
Department of Defense and the Office of the Director of
National Intelligence, whether completed or underway.
(C) The extent to which the policies of the Department of
Defense and the Office of the Director of National
Intelligence related to the oversight and management of
special access programs and controlled access programs ensure
that individuals with an appropriate clearance and need-to-
know gain access to the programs and information they need to
conduct their missions while preventing unnecessary access.
(D) How integration and information sharing of special
access programs and controlled access programs can be
improved between compartmented systems, both within and among
the Department of Defense and the intelligence community.
(E) Any challenges that may exist in the oversight and
management of special access programs and controlled access
programs.
(F) Any other matters related to the oversight and
management of special access programs and controlled access
programs the Inspectors General consider relevant.
(b) Briefing and Report Required.--Not later than 180 days
after the date of the enactment of this Act, the Inspectors
General shall jointly--
(1) brief 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
preliminary findings of the review required by subsection
(a); and
(2) submit to such committees a report containing the
results of the review.
(c) Access.--The Secretary of Defense and the Director of
National Intelligence shall provide the Inspectors General
timely access to any documents and other information
necessary to conduct the review required by subsection (a).
SEC. 321. PROHIBITION ON CONTRACTORS COLLECTING OR SELLING
LOCATION DATA OF INDIVIDUALS AT INTELLIGENCE
COMMUNITY LOCATIONS.
(a) Prohibition.--A contractor or subcontractor of an
element of the intelligence community, as a condition on
contracting with an element of the intelligence community,
may not, while a contract or subcontract for an element of
the intelligence community is effective--
(1) collect, retain, or knowingly or recklessly facilitate
the collection or retention of location data from phones,
wearable fitness trackers, and other cellular-enabled or
cellular-connected devices located in any covered location,
regardless of whether service for such device is provided
under contract with an element of the intelligence community,
except as necessary for the provision of the service as
specifically contracted; or
(2) sell, monetize, or knowingly or recklessly facilitate
the sale of, location data described in paragraph (1) to any
individual or entity that is not an element of the
intelligence community.
(b) Covered Locations.--For purposes of subsection (a), a
covered location is any location described in section
202.222(a)(1) of title 28, Code of Federal Regulations, or
successor regulations.
(c) Certification.--Not later than 60 days after the date
of the enactment of this Act, each head of an element of the
intelligence community shall require each contractor and
subcontractor of the element to submit to the head a
certification as to whether the contractor or subcontractor
is in compliance with subsection (a).
(d) Treatment of Certifications.--The veracity of a
certification under subsection (c) shall be treated as
``material'' for purposes of section 3729 of title 31, United
States Code.
SEC. 322. TECHNICAL AMENDMENT TO PROCUREMENT AUTHORITIES OF
CENTRAL INTELLIGENCE AGENCY.
Section 3(a) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3503(a)) is amended by striking ``3069'' and
inserting ``3066''.
SEC. 323. CONSOLIDATION OF REPORTING REQUIREMENTS APPLICABLE
TO ALL-DOMAIN ANOMALY RESOLUTION OFFICE.
(a) Consolidation.--Section 413 of the Intelligence
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373a) is
amended--
(1) in subsection (a), by striking ``makes such data'' and
all that follows through the period and inserting ``make such
data available immediately, in a manner that protects
intelligence sources and methods, to the All-domain Anomaly
Resolution Office established under section 1683 of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373).'';
(2) by striking subsections (b) and (c); and
(3) by striking ``(a) Availability of Data on Unidentified
Aerial Phenomena.--''.
(b) Section Heading.--The heading of such section is
amended by striking ``unidentified aerial phenomena task
force'' and inserting ``all-domain anomaly resolution
office''.
[[Page S5025]]
SEC. 324. ESTABLISHING PROCESSES AND PROCEDURES FOR
PROTECTING FEDERAL RESERVE INFORMATION.
(a) In General.--The Director of National Intelligence, in
coordination with the Director of the Federal Bureau of
Investigation, and in consultation with the relevant heads of
the elements of the intelligence community, as determined by
the Directors, shall--
(1) brief the Board of Governors of the Federal Reserve
System on foreign threats to the Federal Reserve System; and
(2) work with the Chair of the Board of Governors of the
Federal Reserve System to create and implement standardized
security and classification measures for protecting
information collected, generated, and stored by the Federal
Reserve System.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
the Director of the Federal Bureau of Investigation, and the
Chair of the Board of Governors of the Federal Reserve System
shall jointly submit to the appropriate congressional
committees a report detailing the status of implementing the
security measures described in subsection (a).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on the Judiciary and the Committee on
Financial Services of the House of Representatives.
SEC. 325. PLAN TO ESTABLISH COMMERCIAL GEOSPATIAL
INTELLIGENCE DATA AND SERVICES PROGRAM
MANAGEMENT OFFICE.
(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency and the Director of the
National Reconnaissance Office, in consultation with the
Director of National Intelligence, shall jointly develop and
submit to the appropriate committees of Congress a plan to
establish an office described in subsection (b).
(b) Office Described.--An office described in this
subsection is a co-located joint program management office
for commercial geospatial intelligence data and services, the
head of which shall be a representative from the National
Geospatial-Intelligence Agency and the deputy head of which
shall be a representative from the National Reconnaissance
Office.
(c) Contents.--The plan required by subsection (a) shall
include the following:
(1) Milestones for implementation of the plan.
(2) An updated acquisition strategy that considers
efficiencies to be gained from closely coordinated
acquisitions of geospatial intelligence data and services.
(d) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
SEC. 326. INSPECTOR GENERAL REVIEW OF ADEQUACY OF POLICIES
AND PROCEDURES GOVERNING USE OF COMMERCIAL
MESSAGING APPLICATIONS BY INTELLIGENCE
COMMUNITY.
(a) Review Required.--Not later than 120 days after the
date of the enactment of this Act, the Inspector General of
the Intelligence Community shall submit to the congressional
intelligence committees a review of the adequacy of policies
and procedures governing the use of commercial messaging
applications by the intelligence community.
(b) Contents.--The review required by subsection (a) shall
include an assessment of compliance by the intelligence
community with chapter 31 of title 44, United States Code
(commonly known as the ``Federal Records Act of 1950'').
(c) Form.--The review required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 327. AUTHORITY FOR NATIONAL SECURITY AGENCY TO PRODUCE
AND DISSEMINATE INTELLIGENCE PRODUCTS.
The National Security Agency Act of 1959 (50 U.S.C. 3602 et
seq.) is amended by adding at the end the following:
``SEC. 23. AUTHORITY TO PRODUCE AND DISSEMINATE INTELLIGENCE
PRODUCTS.
``The Director of the National Security Agency may
correlate and evaluate intelligence related to national
security and provide appropriate dissemination of such
intelligence to appropriate legislative and executive branch
customers.''.
SEC. 328. CONDITIONS ON PROCUREMENT OF TELECOMMUNICATIONS
EQUIPMENT BY INTELLIGENCE COMMUNITY.
(a) Definitions.--In this section:
(1) Baseline configuration.--The term ``baseline
configuration'' means a set of specifications, relating to a
network device operated by a covered provider, that--
(A) has been formally reviewed and agreed upon by the
covered provider or by a system owner or operator acting on
behalf of the covered provider;
(B) can be changed only through change control procedures
established by the covered provider or by a system owner or
operator acting on behalf of the covered provider; and
(C) is used as a basis for future products, deployments,
releases, or changes.
(2) Configuration management.--The term ``configuration
management'' means a collection of activities focused on
establishing and maintaining the integrity of products and
systems through control of the processes for initializing,
changing, and monitoring the configurations of those products
and systems to minimize security risks.
(3) Configuration management plan.--The term
``configuration management plan'' means a comprehensive
description of the roles, responsibilities, policies, and
procedures that apply when managing the configuration of
products and systems, including scheduled, unscheduled, and
unauthorized changes.
(4) Covered provider.--The term ``covered provider'' means
an entity incorporated in the United States that provides
telecommunications equipment, systems, or services to an
element of the intelligence community.
(5) Director.--The term ``Director'' means the Director of
the National Security Agency.
(6) Network device.--The term ``network device'' means a
physical device used to connect discrete parts of a network,
or route network traffic, including a hub, router, gateway,
firewall, or switch.
(7) Telecommunications.--The term ``telecommunications'',
when used with respect to equipment, systems, or services,
includes broadband equipment, systems, or services,
respectively.
(8) Threat hunting.-- The term ``threat hunting'' means a
proactive and iterative process of detecting indicators of
compromise, tactics, techniques, and procedures, or anomalous
behaviors beyond reliance on automated detection systems.
(b) Network Security Contractual Clauses.--Not later than
120 days after the date of the enactment of this Act, the
Director shall develop and submit to the heads of the
elements of the intelligence community standard contractual
clauses relating to network security that mandate--
(1) the application of security updates on a timely basis
for each network device, including customer-premises
equipment, under the control and management of the covered
provider;
(2) the timely decommissioning of any network device under
the control and management of the covered provider that no
longer receives updates by the original equipment
manufacturer to address identified security vulnerabilities
in the network device;
(3) the creation and maintenance of configuration
management practices for the hardware, software, or firmware,
or a combination thereof, of each network device under the
control and management of the covered provider, including, at
a minimum, a baseline configuration and configuration
management plan that align with internal security policies
and industry best practices;
(4) the implementation of multi-factor authentication, or
identity control and access management measures deemed
sufficiently equivalent by the Director for any system
designated as high risk by the Director under subsection
(d)(1);
(5) annual threat hunting pursuant to the criteria
established by the Director under subsection (d)(2); and
(6) notification to the Intelligence Community Chief
Information Officer of a compromise of a network device that
could reasonably be judged to be novel or implicate a
sophisticated adversary.
(c) Conditions on Procurement.--
(1) In general.--Except as provided in paragraph (2), the
head of an element of the intelligence community may not
procure or obtain, or extend or renew a contract to procure
or obtain, any telecommunications equipment, system, or
service unless the contract includes the clauses required to
be circulated by the Director pursuant to subsection (b).
(2) Waiver.--The head of an element of the intelligence
community may waive the requirements of paragraph (1), on a
case-by-case basis, in order to conduct lawfully authorized
intelligence activities upon making a written determination
that the inclusion of the contractual clauses required to be
circulated by the Director pursuant to subsection (b) would
impede the conduct of such lawfully authorized intelligence
activities.
(d) System Security.--
(1) High-risk systems.--
(A) Designation.--Not later than 270 days after the date of
the enactment of this Act, the Director shall, in
consultation with the Director of the Cybersecurity and
Infrastructure Security Agency, identify and designate
systems of covered providers as ``high risk''.
(B) Criteria.--The Director may designate a system as high
risk under subparagraph (A) only if access to the system by
an unauthorized party would be reasonably likely to result
in--
(i) compromise of the confidentiality, integrity, or
availability of a system used for lawful intercept
capabilities;
(ii) compromise of the confidentiality, integrity, or
availability of a system used for or to support an
intelligence purpose;
(iii) compromise of customer proprietary network
information records that pose significant counterintelligence
risks to the United States;
(iv) the unauthorized provision of sensitive administrative
or network management
[[Page S5026]]
functions in ways that pose significant counterintelligence
risks for the United States; or
(v) catastrophic failure of core network functions and
services.
(2) Minimum suggested criteria for threat hunting.--Not
later than 90 days after the date of the enactment of this
Act, the Director shall, in coordination with the Director of
the Cybersecurity and Infrastructure Security Agency, publish
minimum suggested criteria for threat hunting for purposes of
subsection (b)(5).
(3) Biennial review.--Not less frequently than once every 2
years, the Director shall review and validate the high-risk
systems desginated pursuant to paragraph (1) and the criteria
published pursuant to paragraph (2).
SEC. 329. REFORMS TO THE OFFICE OF INTELLIGENCE AND ANALYSIS
OF THE DEPARTMENT OF HOMELAND SECURITY.
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.
``(B) Rule of construction.--Nothing in this subsection
shall be construed to prohibit, or to limit the authority of,
personnel of the Office of Intelligence and Analysis of the
Department of Homeland Security from sharing intelligence or
information with, or receiving intelligence or information
from, State, local, Tribal, or territorial governments, the
private sector, or other elements of the Federal Government,
including the components of the Department of Homeland
Security.''.
SEC. 330. PROCEDURES REGARDING DISSEMINATION OF NONPUBLICLY
AVAILABLE INFORMATION CONCERNING UNITED STATES
PERSONS.
(a) Procedures.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end
the following new section:
``SEC. 517. PROCEDURES REGARDING DISSEMINATION OF NONPUBLICLY
AVAILABLE INFORMATION CONCERNING UNITED STATES
PERSONS.
``(a) Procedures.--The head of each element of the
intelligence community, in consultation with the Director of
National Intelligence, shall develop and maintain procedures
for that element to respond to unmasking requests.
``(b) Requirements.--The procedures required by subsection
(a) shall ensure, at a minimum, the following:
``(1) Each unmasking request submitted to a disseminating
element shall include, in writing--
``(A) information that identifies the disseminated
intelligence report containing the United States person
identifying information requested;
``(B) the date the unmasking request was submitted to the
disseminating element;
``(C) the name, title, and organization of the individual
who submitted the unmasking request in an official capacity;
``(D) the name, title, and organization of each individual
who will receive the United States person identifying
information sought by the unmasking request; and
``(E) a fact-based justification describing why such United
States person identifying information is required by each
individual who will receive the information to carry out the
duties of the individual.
``(2) An unmasking request may only be approved by the head
of the disseminating element or by officers or employees of
such element to whom the head has specifically delegated such
authority. When the disseminating element is not the
originating element of the United States person identifying
information, the head of the disseminating element shall
obtain the concurrence of the head or designee of the
originating element before approving the unmasking request.
``(3) The head of the disseminating element shall retain
records on all unmasking requests, including the disposition
of such requests, for not less than 10 years.
``(4) The records described in paragraph (3) shall include,
with respect to each approved unmasking request--
``(A) the name and title of the individual of the
disseminating element who approved the request; and
``(B) the fact-based justification for the request.
``(5) The procedures shall include an exception that--
``(A) allows for the immediate disclosure of United States
person identifying information in the event of exigent
circumstances or when a delay would likely result in the
significant loss of intelligence; and
``(B) requires that promptly after such disclosure, the
recipient of the United States person identifying information
make a written unmasking request with respect to such
information.
``(6) If an unmasking request is made during a period
beginning on the date of a general election for President and
ending on the date on which such President is inaugurated--
``(A) the documentation required by paragraph (1) shall
include whether--
``(i) the requesting entity knows or reasonably believes
that any United States person identifying information sought
is of an individual who is a member of the transition team as
identified by an apparent successful candidate for the office
of President or Vice President; or
``(ii) based on the intelligence report to which the
unmasking request pertains, the disseminating element or the
originating element knows or reasonably believes that any
United States person identifying information sought is of an
individual who is a member of the transition team as
identified by an apparent successful candidate for the office
of President or Vice President;
``(B) the approval made pursuant to paragraph (2) of an
unmasking request that contains United States person
identifying information described in subparagraph (A) shall
be subject to the concurrence of the general counsel of the
disseminating element (or, in the absence of the general
counsel, the principal deputy general counsel, or, as
applicable, the senior Departmental legal officer supporting
the disseminating element) that the dissemination of such
United States person identifying information is in accordance
with the procedures required by subsection (a); and
``(C) 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, the head of the
disseminating element shall notify the chairmen and ranking
minority members of the congressional intelligence
committees, the Speaker and minority leader of the House of
Representatives, and the majority leader and minority leader
of the Senate of an approval described in subparagraph (B)
not later than 14 days after the date of such approval.
``(7) If an unmasking request concerns a nominee for or the
holder of a Federal office, a member of a transition team as
identified by an eligible candidate for the office of the
President, a Justice of the Supreme Court of the United
States, or an individual nominated by the President to be a
Justice of the Supreme Court of the United States, and such
unmasking request is approved, the head of the disseminating
element shall submit the documentation for the request to the
congressional intelligence committees not later than 14 days
after the date of such approval.
``(c) Annual Reports.--Not later than March 1 of each year,
the head of each element of the intelligence community shall
submit to the congressional intelligence committees a report
documenting, with respect to the year covered by the report--
``(1) the total number of unmasking requests received by
that element;
``(2) of such total number, the number of requests
approved;
``(3) of such total number, the number of requests denied;
and
``(4) for each number calculated under paragraphs (1)
through (3), the number disaggregated by requesting entity.
``(d) Certain Procedures Regarding Congressional Identity
Information.--With respect to the dissemination of
congressional identity information, the head of each element
of the intelligence community shall carry out this section in
accordance with annex A of Intelligence Community Directive
112, or successor annex or directive.
``(e) Effect on Minimization Procedures.--The requirements
of this section are in addition to--
``(1) any minimization procedures established under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.);
``(2) any procedures governing the collection, retention,
or dissemination of information concerning United States
persons established under Executive Order 12333 (50 U.S.C.
3001 note; relating to United States intelligence activities)
or successor order; and
``(3) any other provision of statute or Executive order the
Director of National Intelligence considers relevant.
``(f) Definitions .--In this section:
``(1) Apparent successful candidate.--The term `apparent
successful candidate' means any apparent successful candidate
for the office of President or Vice President as determined
pursuant to the Presidential Transition Act of 1963 (3 U.S.C.
102 note).
``(2) Candidate; federal office.--The terms `candidate' and
`Federal office' have the meanings given those terms in
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101).
``(3) Congressional identity information.--The term
`congressional identity information' means information that
identifies, by name or by individually identifying titles or
characteristics--
``(A) any current Member of the Senate or the House of
Representatives;
``(B) any current staff officer for any Senator or
Representative, whether paid or unpaid; or
``(C) any current staff officer of any committee of the
Senate or the House of Representatives, whether paid or
unpaid.
``(4) Disseminating element.--The term `disseminating
element' means an element of
[[Page S5027]]
the intelligence community that disseminated an intelligence
report subject to an unmasking request.
``(5) Eligible candidate.--The term `eligible candidate'
has the meaning given that term in section 3(h)(4) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note).
``(6) Originating element.--The term `originating element'
means an element of the intelligence community that
originated information in a disseminated intelligence report
subject to an unmasking request.
``(7) Requesting entity.--The term `requesting entity'
means an entity of--
``(A) the United State Government; or
``(B) a State, local, Tribal, or territorial government.
``(8) United states person.--The term `United States
person' means a United States person as defined in section
101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801) or section 3.5 of Executive Order 12333 (50
U.S.C. 3001 note; relating to United States intelligence
activities).
``(9) United states person identifying information.--
``(A) In general.--The term `United States person
identifying information' (commonly referred to as `United
States Person Information')--
``(i) means information that is reasonably likely to
identify one or more specific United States persons; and
``(ii) includes a single item of information and
information that, when combined with other information, is
reasonably likely to identify one or more specific United
States persons.
``(B) Determination.--The determination of whether
information is reasonably likely to identify one or more
specific United States persons may require assessment by a
trained intelligence professional on a case-by-case basis.
``(10) Unmasking request.--The term `unmasking request'
means a request to gain access to nonpublic United States
person identifying information concerning a known
unconsenting United States person that was omitted from a
disseminated intelligence report by the originating
element.''.
(2) Clerical amendment.--The table of contents preceding
section 2 of such Act is amended by inserting after the item
relating to section 516 the following new item:
``Sec. 517. Procedures regarding dissemination of nonpublicly available
information concerning United States persons.''.
(b) Development of Procedures.--The head of each element of
the intelligence community shall develop the procedures
required by section 517(a) of the National Security Act of
1947, as added by subsection (a)(1), by not later than 60
days after the date of the enactment of this Act.
(c) Congressional Oversight.--Not later than 90 days after
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees the procedures for each element of the
intelligence community required by section 517(a) of the
National Security Act of 1947, as added by subsection (a)(1).
SEC. 331. PROHIBITING DISCRIMINATION IN THE INTELLIGENCE
COMMUNITY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the head of each element
of the intelligence community, shall revise all regulations,
policies, procedures, manuals, circulars, courses, training,
and guidance in the intelligence community such that all such
materials are in compliance with and consistent with this
section.
(b) Prohibition.--None of the funds authorized to be
appropriated by any law for the National Intelligence Program
shall be used for the purposes of implementing covered
practices in the intelligence community.
(c) Covered Practice Defined.--In this section, the term
``covered practice'' means any practice that discriminates
for or against any person in a manner prohibited by the
Constitution of the United States, the Civil Rights Act of
1964 (42 U.S.C. 2000 et seq.), or any other Federal law.
SEC. 332. ANNUAL REPORT ON FEDERAL BUREAU OF INVESTIGATION
CASE DATA.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) is amended by inserting after
section 512 the following:
``SEC. 512A. ANNUAL REPORT ON FEDERAL BUREAU OF INVESTIGATION
CASE DATA.
``(a) In General.--Not later than 30 days after the date of
the enactment of this section, and annually thereafter, the
Director of the Federal Bureau of Investigation shall submit
to the congressional intelligence committees a report
containing data on cases of the Federal Bureau of
Investigation for the fiscal year preceding the fiscal year
in which the report is submitted.
``(b) Elements.--Each report required by subsection (a)
shall include, for the fiscal year covered by the report, the
number of active cases, the number of unique cases, and the
number of cases opened, for each of the following:
``(1) Russia counterintelligence cases.
``(2) China counterintelligence cases.
``(3) Espionage or leak cases.
``(4) All other counterintelligence cases.
``(5) ISIS counterterrorism cases.
``(6) Hizballah counterterrorism cases.
``(7) Cartel and other transnational criminal organization
counterterrorism cases.
``(8) All other international counterterrorism cases.
``(9) Russia cyber national security cases.
``(10) China cyber national security cases.
``(11) All other cyber national security cases.
``(c) Form.--Each report required by subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.''.
(b) Clerical Amendment.--The table of contents preceding
section 2 of such Act is amended by inserting after the item
relating to section 512 the following:
``Sec. 512A. Annual report on Federal Bureau of Investigation case
data.''.
TITLE IV--INTELLIGENCE COMMUNITY EFFICIENCY AND EFFECTIVENESS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Intelligence Community
Efficiency and Effectiveness Act of 2025''.
SEC. 402. MODIFICATION OF RESPONSIBILITIES AND AUTHORITIES OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Repeal of Sunsetted Requirement for Semi-annual
Report.--Subsection (c)(7) of section 102A of the National
Security Act of 1947 (50 U.S.C. 3024) is amended by striking
``(A) The Director'' and all that follows through ``(B) The
Director'' and inserting ``The Director''.
(b) Repeal of Authority to Transfer Personnel to New
National Intelligence Centers.--Such section is amended by
striking subsection (e).
(c) Tasking and Other Authorities.--
(1) Repeal of authority to establish national intelligence
centers; modification of authority to prescribe personnel
policies and programs.--Subsection (f) of such section is
amended--
(A) in paragraph (2), by striking ``and may'' and all that
follows through ``determines necessary''; and
(B) in paragraph (3)(A)--
(i) in the matter preceding clause (i), by striking
``consultation'' and inserting ``coordination'';
(ii) in clause (iii)--
(I) by striking ``recruitment and retention'' and inserting
``recruitment, retention, and training''; and
(II) by striking the semicolon at the end and inserting ``,
including those with diverse ethnic, cultural, and linguistic
backgrounds; and'';
(iii) in clause (vi), by inserting ``on behalf of the
Director of National Intelligence'' after ``matters'';
(iv) by striking clauses (i), (ii), (iv), and (v); and
(v) by redesignating clauses (iii) and (vi) as clauses (i)
and (ii), respectively.
(2) Accountability reviews.--Paragraph (7) of such
subsection is amended--
(A) in subparagraph (A), by striking ``conduct'' and
inserting ``direct'';
(B) in subparagraph (B), by inserting ``directed'' before
``under''; and
(C) in subsection (C)(i), by striking ``conducted'' and
inserting ``directed''.
(3) Independent assessments and audits of compliance with
minimum insider threat policies.--Paragraph (8)(A) of such
subsection is amended by striking ``conduct'' and inserting
``direct independent''.
(4) Independent evaluations of counterintelligence,
security, and insider threat program activities.--Paragraph
(8)(D) of such subsection is amended by striking ``carry
out'' and inserting ``direct independent''.
(d) Repeal of Requirement for Enhanced Personnel
Management.--Such section is further amended by striking
subsection (l).
(e) Analyses and Impact Statements Regarding Proposed
Investment Into the United States.--Subsection (z) of such
section is amended--
(1) in paragraph (1)--
(A) by inserting ``, or the head of an element of the
intelligence community to whom the Director has delegated
such review or investigation,'' after ``for which the
Director''; and
(B) by inserting ``or such head'' after ``materials, the
Director''; and
(2) in paragraph (2), by inserting ``, or the head of an
element of the intelligence community to whom the Director
has delegated such review or investigation,'' after ``the
Director''.
(f) Plan for Reform of Intelligence Community Acquisition
Process.--
(1) Plan required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall, in consultation with each head of an
element of the intelligence community, submit to the
congressional intelligence committees a plan to reform the
acquisition process of each element of the intelligence
community so that, to the maximum extent practicable, the
process uses existing authorities to expedite acquisitions
and includes a preference for acquisition of commercial
solutions, consistent with section 3453 of title 10, United
States Code, and Executive Order 14265 (90 Fed. Reg. 15621;
relating to modernizing defense acquisitions and spurring
innovation in the defense industrial base).
(2) Itemization of major planned or pending acquisitions.--
The plan required by paragraph (1) shall include an
itemization of major planned or pending acquisitions for each
element of the intelligence community.
(g) Conforming Amendments.--
(1) In general.--Such section is further amended--
[[Page S5028]]
(A) by redesignating subsections (f) through (k) as
subsections (e) through (j), respectively;
(B) by redesignating subsections (m) through (z) as
subsections (k) through (x), respectively;
(C) in subsection (e), as redesignated by subparagraph (A),
in paragraph (7), by striking ``under subsection (m)'' and
inserting ``under subsection (k)''; and
(D) in subsection (v)(3), as redesignated by subparagraph
(B), by striking ``under subsection (f)(8)'' and inserting
``under subsection (e)(8)''.
(2) External.--
(A) National security act of 1947.--The National Security
Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(i) in section 103(c)(15) (50 U.S.C. 3025(c)(15)), by
striking ``, including national intelligence centers''; and
(ii) in section 313(1) (50 U.S.C. 3079(1)), by striking
``with section 102A(f)(8)'' and inserting ``with section
102A(e)(8)''.
(B) Reducing over-classification act.--Section 7(a)(1)(A)
of the Reducing Over-Classification Act (50 U.S.C.
3344(a)(1)(A)) is amended by striking ``of section
102A(g)(1)'' and inserting ``of section 102A(f)(1)''.
(C) Intelligence reform and terrorism prevention act of
2004.--Section 1019(a) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(a)) is
amended by striking ``out section 102A(h)'' and inserting
``out section 102A(g)''.
SEC. 403. REFORMS RELATING TO THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Plan for Reduction of Staff.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a plan to reduce the staff of the Office of the
Director of National Intelligence.
(2) Contents.--The plan required by paragraph (1) shall
include a plan for reducing the staff of the Office of the
Director of National Intelligence to the maximum number of
full-time equivalent employees, detailees, and individuals
under contract with the Office that the Director requires for
the optimized execution of the Director's statutory
authorities and ensures--
(A) each Federal employee who is employed by, detailed to,
or assigned to the Office of the Director of National
Intelligence will be provided an opportunity to accept
alternative employment, detail, or assignment within the
United States Government; and
(B) no such Federal employee will be involuntarily
terminated by the implementation of the plan required by
paragraph (1).
(b) Orderly Reduction in Staff of the Office of the
Director of National Intelligence.--
(1) Process.--On a date that is at least 90 days after the
date on which the plan required by subsection (a)(1) is
submitted, or 1 year after the date of the enactment of this
Act, whichever is later, the Director of National
Intelligence shall initiate a process to reduce the staff of
the Office of the Director of National Intelligence, provided
the Director submits to the congressional intelligence
committees a certification that--
(A) each Federal employee who is employed by, detailed to,
or assigned to the Office of the Director of National
Intelligence will be provided an opportunity to accept
alternative employment, detail, or assignment within the
United States Government; and
(B) no such Federal employee will be involuntarily
terminated by the implementation of such process, except as
provided in subsection (c)(1).
(2) Interim updates.--Not later than 60 days after the date
on which the plan required by subsection (a)(1) is submitted,
and every 60 days thereafter until the staff of the Office of
the Director of National Intelligence does not exceed the
number of full-time equivalent employees, detailees, and
individuals under contract with the Office identified in the
plan provided pursuant to subsection (a), the Director of
National Intelligence shall submit to the congressional
intelligence committees a written update identifying the
positions of the employees, detailees, and individuals under
contract with the Office of the Director of National
Intelligence who have been part of the reduction in staff.
(c) Rule of Construction.--Nothing in this section shall be
construed as prohibiting--
(1) the involuntarily termination of a Federal employee
when there is--
(A) written documentation to support a security,
counterintelligence, or other lawful basis for termination
based on misconduct; or
(B) written documentation over a period of at least 180
days to support a performance basis for the termination; or
(2) the return of detailees to their home agencies 45 days
after the date on which the plan required by subsection
(a)(1) is submitted.
(d) Location of the Office.--Subsection (f) of such section
is amended by inserting ``, with facilities necessary to
carry out the core intelligence mission of the Office''
before the period at the end.
SEC. 404. APPOINTMENT OF DEPUTY DIRECTOR OF NATIONAL
INTELLIGENCE AND ASSISTANT DIRECTORS OF
NATIONAL INTELLIGENCE.
(a) Redesignation of Principal Deputy Director of National
Intelligence as Deputy Director of National Intelligence.--
(1) In general.--Subsection (a) of section 103A of the
National Security Act of 1947 (50 U.S.C. 3026) is amended--
(A) in the subsection heading, by striking ``Principal'';
and
(B) by striking ``Principal'' each place it appears.
(2) Conforming amendments.--Subsection (c) of such section
is amended--
(A) in the subsection heading, by striking ``Principal'';
and
(B) in paragraph (2)(B), by striking ``Principal''.
(3) Additional conforming amendment.--
(A) National security act of 1947.--Such Act is further
amended--
(i) in section 103(c)(2) (50 U.S.C. 3025(c)(2)), by
striking ``Principal'';
(ii) in section 103I(b)(1) (50 U.S.C. 3034(b)(1)), by
striking ``Principal'';
(iii) in section 106(a)(2)(A) (50 U.S.C. 3041(a)(2)(A)), by
striking ``Principal''; and
(iv) in section 116(b) (50 U.S.C. 3053(b)), by striking
``Principal''.
(B) Damon paul nelson and matthew young pollard
intelligence authorization act for fiscal years 2018, 2019,
and 2020.--Section 6310 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3351b) is amended by striking
``Principal'' each place it appears.
(C) National defense authorization act for fiscal year
2022.--Section 1683(b)(3) of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(b)(3))
is amended by striking ``Principal'' both places it appears.
(b) Elimination of Deputy Directors of National
Intelligence and Establishment of Assistant Directors of
National Intelligence.--
(1) In general.--Section 103A(b) of the National Security
Act of 1947 (50 U.S.C. 3026(b)) is amended--
(A) in the subsection heading, by striking ``Deputy'' and
inserting ``Assistant'';
(B) in paragraph (1), by striking ``may'' and all that
follows through the period at the end and inserting the
following: ``is an Assistant Director of National
Intelligence for Mission Integration and an Assistant
Director of National Intelligence for Policy and
Capabilities, who shall be appointed by the Director of
National Intelligence.''; and
(C) in paragraph (2), by striking ``Deputy'' and inserting
``Assistant''.
(2) Conforming amendments.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.) is amended--
(A) in section 102A(l)(4)(F) (50 U.S.C. 3024(l)(4)(F)), as
redesignated by section 402(g)(1)(B), by striking ``a
Deputy'' and inserting ``an Assistant''; and
(B) in section 103(c) (50 U.S.C. 3025(c)), by striking
paragraph (3).
(c) References to Principal Deputy Director of National
Intelligence in Law.--Any reference in law to the Principal
Deputy Director of National Intelligence shall be treated as
a reference to the Deputy Director of National Intelligence.
(d) Clerical Amendments.--
(1) Section heading.--Section 103A of such Act (50 U.S.C.
3026) is further amended, in the section heading, by striking
``deputy directors of national intelligence'' and inserting
``deputy director of national intelligence and assistant
directors of national intelligence''.
(2) Table of contents.--The table of contents for such Act,
in the matter preceding section 2 of such Act, is amended by
striking the item relating to section 103A and inserting the
following:
``Sec. 103A. Deputy Director of National Intelligence and Assistant
Directors of National Intelligence.''.
SEC. 405. REFORM OF THE NATIONAL INTELLIGENCE COUNCIL AND
NATIONAL INTELLIGENCE OFFICERS.
(a) Duties and Responsibilities.--Subsection (c)(1) of
section 103B of the National Security Act of 1947 (50 U.S.C.
3027) is amended--
(1) in subparagraph (A), by adding ``or coordinate the
production of'' after ``produce''; and
(2) in subparagraph (B), by striking ``and the requirements
and resources of such collection and production''.
(b) Staff.--Subsection (f) of such section is amended by
striking ``The'' and inserting ``Subject to section
103(d)(1), the''.
SEC. 406. TRANSFER OF NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER TO FEDERAL BUREAU OF
INVESTIGATION.
(a) Plan for Transfers.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation shall jointly submit to the congressional
intelligence committees a plan to achieve the transfer of--
(1) the National Counterintelligence and Security Center to
the Counterintelligence Division of the Federal Bureau of
Investigation; and
(2) the duties of the Director of the National
Counterintelligence and Security Center to the Assistant
Director of the Federal Bureau of Investigation for
Counterintelligence.
(b) Transfers.--
(1) Transfer of center.--On a date that is at least 90 days
after the date on which the plan required by subsection (a)
is submitted, or 1 year after the date of the enactment of
this Act, whichever is later, the Director of
[[Page S5029]]
National Intelligence shall initiate the transfer of the
National Counterintelligence and Security Center to the
Counterintelligence Division of the Federal Bureau of
Investigation, including such staff and resources of the
Center as the Director of National Intelligence, in
coordination with the Director of the Federal Bureau of
Investigation, determines appropriate and as is consistent
with the provisions of this section.
(2) Transfer of duties of director of the center.--On a
date that is at least 90 days after the date on which the
plan required by subsection (a) is submitted, or 1 year after
the date of the enactment of this Act, whichever is later,
the Director of National Intelligence shall initiate the
transfer to the Assistant Director of the Federal Bureau of
Investigation for Counterintelligence of such duties of the
Director of the National Counterintelligence and Security
Center as the Director of National Intelligence, in
coordination with the Director of the Federal Bureau of
Investigation, determines appropriate and as is consistent
with the provisions of this section.
(3) Completion.--Not later than 2 years after the date of
the enactment of this Act, the Director of National
Intelligence shall complete the transfers initiated under
paragraphs (1) and (2).
(c) Reductions in Staff.--Any reduction in staff of the
National Counterintelligence and Security Center shall comply
with the requirements of section 403(b).
(d) Quarterly Reports.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter until the date specified in subsection (h), the
Director of National Intelligence and the Director of the
Federal Bureau of Investigation shall jointly submit to the
congressional intelligence committees a report on the status
of the implementation of this section, including--
(1) the missions and functions of the National
Counterintelligence and Security Center that have been
transferred to the Federal Bureau of Investigation;
(2) the missions and functions of such Center that have
been retained at the Office of the Director of National
Intelligence;
(3) the missions and functions of such Center that have
been transferred to another department or agency; and
(4) the missions and functions of such Center that have
been terminated.
(e) Repeal.--
(1) In general.--Section 103F of the National Security Act
of 1947 (50 U.S.C. 3031) is repealed.
(2) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
amended by striking the item relating to section 103F.
(f) Conforming Amendments to Counterintelligence
Enhancement Act of 2002.--
(1) Head of center.--Section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended--
(A) in the section heading, by striking ``director'' and
inserting ``head'';
(B) by striking subsection (a) and inserting the following:
``(a) Head of Center.--The head of the National
Counterintelligence and Security Center shall be the
Assistant Director of the Federal Bureau of Investigation for
Counterintelligence or the Assistant Director's designee.'';
(C) in subsection (b), by striking ``the Director'' and
inserting ``the individual serving as the head of the
National Counterintelligence and Security Center''; and
(D) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``Subject to the direction and control of the Director of
National Intelligence, the duties of the Director'' and
inserting ``The duties of the head of the National
Counterintelligence and Security Center''; and
(ii) in paragraph (4), by striking ``Director of National
Intelligence'' and inserting ``Director of the Federal Bureau
of Investigation''.
(2) National counterintelligence and security center.--
Section 904 of such Act (50 U.S.C. 3383) is amended--
(A) in subsection (a), by inserting ``in the
Counterintelligence Division of the Federal Bureau of
Investigation'' before the period at the end;
(B) in subsection (b), by striking ``Director of the
National Counterintelligence and Security Center'' and
inserting ``Assistant Director of the Federal Bureau of
Investigation for Counterintelligence or the Assistant
Director's designee'';
(C) in subsection (c), by striking ``Office of the Director
of National Intelligence'' and inserting
``Counterintelligence Division of the Federal Bureau of
Investigation'';
(D) in subsection (e)--
(i) in the matter preceding paragraph (1), by striking
``Director of'' and inserting ``head of''; and
(ii) in paragraphs (2)(B), (4), and (5), by striking
``Director of National Intelligence'' each place it appears
and inserting ``Director of the Federal Bureau of
Investigation'';
(E) in subsection (f)(3), by striking ``Director'' and
inserting ``head'';
(F) in subsection (g)(2), by striking ``Director'' and
inserting ``head''; and
(G) in subsection (i), by striking ``Office of the Director
of National Intelligence'' and inserting
``Counterintelligence Division of the Federal Bureau of
Investigation''.
(g) Additional Conforming Amendments.--
(1) Title 5.--Section 5315 of title 5, United States Code,
is amended by striking the item relating to the Director of
the National Counterintelligence and Security Center.
(2) National security act of 1947.--The National Security
Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(A) in section 103(c) (50 U.S.C. 3025(c)), by striking
paragraph (9);
(B) in section 1107 (50 U.S.C. 3237)--
(i) in subsection (a), by striking ``the Director'' and
inserting ``the head''; and
(ii) in subsection (c), by striking ``the Director shall''
and inserting ``the head of the National Counterintelligence
and Security Center shall''; and
(C) in section 1108 (50 U.S.C. 3238)--
(i) in subsection (a), by striking ``the Director'' and
inserting ``the head''; and
(ii) in subsection (c), by striking ``the Director shall''
and inserting ``the head of the National Counterintelligence
and Security Center shall''.
(3) Damon paul nelson and matthew young pollard
intelligence authorization act for fiscal years 2018, 2019,
and 2020.--The Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (division E of Public Law 116-92) is amended--
(A) in section 6306(c)(6) (50 U.S.C. 3370(c)(6)), by
striking ``the Director'' and inserting ``the head''; and
(B) in section 6508 (50 U.S.C. 3371d), by striking
``Director of National Intelligence'' both places it appears
and inserting ``Director of the Federal Bureau of
Investigation''.
(4) Intelligence authorization act for fiscal year 1995.--
Section 811 of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3381) is amended--
(A) by striking ``Director of the National
Counterintelligence and Security Center'' each place it
appears and inserting ``head of the National
Counterintelligence and Security Center''; and
(B) in subsection (b), by striking ``appointed''.
(5) Intelligence authorization act for fiscal year 2024.--
(A) Section 7318.--Section 7318 of the Intelligence
Authorization Act for Fiscal Year 2024 (50 U.S.C. 3384) is
amended--
(i) in subsection (c)--
(I) in paragraph (1), by striking ``, acting through the
Director of the National Counterintelligence and Security
Center,''; and
(II) in paragraph (3), by striking ``Director of the
National Counterintelligence and Security Center'' and
inserting ``Director of National Intelligence, as the
Security Executive Agent,''; and
(ii) in subsection (d)--
(I) in paragraph (1)--
(aa) in subparagraph (A)(i), by striking ``Director of the
National Counterintelligence and Security Center'' and
inserting ``Director of National Intelligence''; and
(bb) in subparagraph (B), by striking ``National
Counterintelligence and Security Center'' both places it
appears and inserting ``Federal Bureau of Investigation'';
and
(II) in paragraph (2)(A), by striking ``Director of the
National Counterintelligence and Security Center'' and
inserting ``Director of National Intelligence''.
(B) Section 7334.--Section 7334(c)(2) of the Intelligence
Authorization Act for Fiscal Year 2024 (50 U.S.C. 3385(c)(2))
is amended by striking ``Director of the National
Counterintelligence and Security Center'' and inserting
``head of the National Counterintelligence and Security
Center''.
(h) Effective Date.--The amendments made by this section
shall take effect on the date that is 2 years after the date
of the enactment of this Act.
(i) References in Law.--On and after the date that is 2
years after the date of the enactment of this Act, any
reference to the Director of the National Counterintelligence
and Security Center in law shall be treated as a reference to
the Assistant Director of the Federal Bureau of Investigation
for Counterintelligence or the Assistant Director's designee
acting on behalf of the Assistant Director as the head of the
National Counterintelligence and Security Center.
(j) Rule of Construction.--Nothing in this section shall
preclude the Director of National Intelligence from
determining that--
(1) certain coordinating functions of the National
Counterintelligence and Security Center shall be retained at
the Office of the Director of National Intelligence
consistent with the authorities of the Director under section
102A of the National Security Act of 1947 (50 U.S.C. 3024),
transferred to another department or agency, or terminated;
or
(2) certain missions or functions of the National
Counterintelligence and Security Center shall be transferred
to another department or agency, or terminated.
SEC. 407. REDESIGNATION AND REFORM OF NATIONAL
COUNTERTERRORISM CENTER.
(a) Domestic Counterterrorism Intelligence.--Subsection (e)
of section 119 of the National Security Act of 1947 (50
U.S.C. 3056) is amended to read as follows:
``(e) Limitation on Domestic Activities.--The Center may,
consistent with applicable law, the direction of the
President, and the guidelines referred to in section 102A(b),
receive and retain intelligence pertaining to domestic
terrorism (as defined in section 2331 of title 18, United
States Code) to enable the Center to collect, retain, and
disseminate intelligence pertaining only to international
terrorism (as defined in section 2331 of title 18, United
States Code).''.
[[Page S5030]]
(b) Redesignation of National Counterterrorism Center as
National Counterterrorism and Counternarcotics Center.--
(1) In general.--Such section is further amended--
(A) in the section heading, by striking ``national
counterterrorism center'' and inserting ``national
counterterrorism and counternarcotics center'';
(B) in subsection (b), in the subsection heading, by
striking ``National Counterterrorism Center'' and inserting
``National Counterterrorism and Counternarcotics Center'';
and
(C) by striking ``National Counterterrorism Center'' each
place it appears and inserting ``National Counterterrorism
and Counternarcotics Center''.
(2) Table of contents.--The table of contents for such Act,
in the matter preceding section 2 of such Act, is amended by
striking the item relating to section 119 and inserting the
following:
``Sec. 119. National Counterterrorism and Counternarcotics Center.''.
(c) Conforming Amendments.--
(1) National security act of 1947.--Section 102A(g)(3) of
the National Security Act of 1947 (50 U.S.C. 3024(g)(3)) is
amended by striking ``National Counterterrorism Center'' and
inserting ``National Counterterrorism and Counternarcotics
Center''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 201(d)(1) (6 U.S.C. 121(d)(1)), by striking
``National Counterterrorism Center'' and inserting ``National
Counterterrorism and Counternarcotics Center''; and
(B) in section 210D (6 U.S.C. 124k)--
(i) in subsections (b), (c), (d), (f)(1), (f)(2)(A), and
(f)(2)(C), by striking ``National Counterterrorism Center''
each place it appears and inserting ``National
Counterterrorism and Counternarcotics Center''; and
(ii) in subsection (f)(2)--
(I) in the matter preceding subparagraph (A), by striking
``Pursuant to section 119(f)(E) of the National Security Act
of 1947 (50 U.S.C. 404o(f)(E)), the Director of the National
Counterterrorism Center'' and inserting ``The Director of the
National Counterterrorism and Counternarcotics Center''; and
(II) in subparagraph (B), by striking ``119(f)(E)'' and
inserting ``119(f)''.
(3) Intelligence reform and terrorism prevention act of
2004.--The Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458) is amended by striking
``National Counterterrorism Center'' each place it appears
and inserting ``National Counterterrorism and
Counternarcotics Center''.
(4) William m. (mac) thornberry national defense
authorization act for fiscal year 2021.--Section 1299F of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (22 U.S.C. 2656j) is amended by
striking ``Director of the National Counterterrorism Center''
each place it appears and inserting ``Director of the
National Counterterrorism and Counternarcotics Center''.
(5) National defense authorization act for fiscal year
2008.--Section 1079 of the National Defense Authorization Act
for Fiscal Year 2008 (50 U.S.C. 3307) is amended by striking
``Director of the National Counterterrorism Center'' both
places it appears and inserting ``Director of the National
Counterterrorism and Counternarcotics Center''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date that is 30 days after the date
of the enactment of this Act.
(e) References in Law.--
(1) National counterterrorism center.--On and after the
date that is 30 days after the date of the enactment of this
Act, any reference to the National Counterterrorism Center in
law shall be treated as a reference to the National
Counterterrorism and Counternarcotics Center, as redesignated
by subsection (c).
(2) Director of the national counterterrorism center.--On
and after the date that is 30 days after the date of the
enactment of this Act, any reference to the Director of the
National Counterterrorism Center in law shall be treated as a
reference to the Director of the National Counterterrorism
and Counternarcotics Center.
SEC. 408. TRANSFER OF NATIONAL COUNTERPROLIFERATION AND
BIOSECURITY CENTER.
(a) Plan for Transfers.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Central Intelligence
Agency shall jointly submit to the congressional intelligence
committees a plan to achieve the transfer of--
(1) the National Counterproliferation and Biosecurity
Center to the Central Intelligence Agency; and
(2) the duties and responsibilities of the Director of the
National Counterproliferation and Biosecurity Center to the
Director of the Central Intelligence Agency.
(b) Transfers.--
(1) Transfer of center.--On a date that is at least 90 days
after the date on which the plan required by subsection (a)
is submitted, or 1 year after the date of the enactment of
this Act, whichever is later, the Director of National
Intelligence shall initiate the transfer of the National
Counterproliferation and Biosecurity Center to the Central
Intelligence Agency, including such missions, objectives,
staff, and resources of the Center as the Director of
National Intelligence, in coordination with the Director of
the Central Intelligence Agency, determines appropriate and
as is consistent with the provisions of this section.
(2) Transfer of duties and responsibilities of director of
the center.--On a date that is at least 90 days after the
date on which the plan required by subsection (a) is
submitted, or 1 year after the date of the enactment of this
Act, whichever is later, the Director of National
Intelligence shall initiate the transfer to the Director of
the Central Intelligence Agency of such duties and
responsibilities of the Director of the National
Counterproliferation and Biosecurity Center as the Director
of National Intelligence, in coordination with the Director
of the Central Intelligence Agency, determines appropriate
and as is consistent with the provisions of this section.
(3) Completion.--Not later than 455 days after the date of
the enactment of this Act, the Director of National
Intelligence shall complete the transfers initiated under
paragraphs (1) and (2).
(c) Reductions in Staff.--Any reduction in staff of the
National Counterproliferation and Biosecurity Center shall
comply with the requirements of section 403(b).
(d) Quarterly Reports.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter until the date specified in subsection (i), the
Director of National Intelligence and the Director of the
Central Intelligence Agency shall jointly submit to the
congressional intelligence committees a report on the status
of the implementation of this section, including--
(1) the missions and functions of the National
Counterproliferation and Biosecurity Center that have been
transferred to the Central Intelligence Agency;
(2) the missions and functions of such Center that have
been retained at the Office of the Director of National
Intelligence;
(3) the missions and functions of such Center that have
been transferred to another department or agency; and
(4) the missions and functions of such Center that have
been terminated.
(e) Conforming Amendments.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.) is amended--
(1) in section 103(c) (50 U.S.C. 3025(c)), by striking
paragraph (13); and
(2) in subsection (a) of section 119A (50 U.S.C. 3057)--
(A) in paragraph (2), by striking ``the Director of the
National Counterproliferation and Biosecurity Center, who
shall be appointed by the Director of National Intelligence''
and inserting ``the Director of the Central Intelligence
Agency or the Director's designee'';
(B) in paragraph (3), by striking ``Office of the Director
of National Intelligence'' and inserting ``Central
Intelligence Agency''; and
(C) by striking paragraph (4).
(f) Repeal of National Security Waiver Authority.--Such
section is further amended by striking subsection (c).
(g) Repeal of Report Requirement.--Such section is further
amended by striking subsection (d).
(h) Repeal of Sense of Congress.--Such section is further
amended by striking subsection (e).
(i) Effective Date.--The amendments made by this section
shall take effect 455 days after the date of the enactment of
this Act.
(j) References in Law.--On and after the date that is 455
days after the date of the enactment of this Act, any
reference to the Director of the National
Counterproliferation and Biosecurity Center in law shall be
treated as a reference to the Director of the Central
Intelligence Agency acting as the head of the National
Counterproliferation Center or the Director's designee
pursuant to section 119A(a)(2) of the National Security Act
of 1947 (50 U.S.C. 3057(a)(2)), as amended by subsection
(e)(2).
(k) Rule of Construction.--Nothing in this section shall
preclude the Director of National Intelligence from
determining that--
(1) certain coordinating functions of the National
Counterproliferation and Biosecurity Center shall be retained
at the Office of the Director of National Intelligence
consistent with the authorities of the Director under section
102A of the National Security Act of 1947 (50 U.S.C. 3024),
transferred to another department or agency, or terminated;
or
(2) certain missions or functions of the National
Counterproliferation and Biosecurity Center shall be
transferred to another department or agency, or terminated.
SEC. 409. NATIONAL INTELLIGENCE TASK FORCES.
(a) In General.--Section 119B of the National Security Act
of 1947 (50 U.S.C. 3058) is amended to read as follows:
``SEC. 119B. NATIONAL INTELLIGENCE TASK FORCES.
``(a) Authority to Convene.--The Director of National
Intelligence may convene 1 or more national intelligence task
forces, as the Director considers necessary, to address
intelligence priorities.
``(b) Task Force Authorities.--Pursuant to the direction of
the Director of National Intelligence, a national
intelligence task force convened under subsection (a) may--
``(1) be comprised of select employees of elements of the
intelligence community, other than the Office of the Director
of National Intelligence, as determined by the Director of
National Intelligence to be necessary and appropriate for the
task force;
[[Page S5031]]
``(2) convene at the Office of the Director of National
Intelligence for a limited time in support of a specific
intelligence matter recognized by the Director; and
``(3) be dissolved by the Director of National Intelligence
not later than 540 days after the conclusion of support to a
specific intelligence matter.
``(c) Transfer of Responsibility.--If the specific
intelligence matter a national intelligence task force has
been convened to support has not concluded within 540 days
after the establishment of the task force, the Director shall
transfer responsibility for supporting the intelligence
matter to a specific element of the intelligence community.
``(d) Compensation.--Employees of elements of the
intelligence community participating in a national
intelligence task force pursuant to subsection (b)(1) shall
continue to receive compensation from their agency of
employment.
``(e) Congressional Notification.--
``(1) Notification required.--In any case in which a
national intelligence task force convened under subsection
(a) is in effect for a period of more than 60 days, the
Director of National Intelligence shall, not later than 61
days after the date of the convening of the task force,
submit to the congressional intelligence committees notice
regarding the task force.
``(2) Contents.--A notice regarding a national intelligence
task force submitted pursuant to paragraph (1) shall include
the following:
``(A) The number of personnel of the intelligence community
participating in the task force.
``(B) A list of the elements of the intelligence community
that are employing the personnel described in subparagraph
(A).
``(C) Identification of the specific intelligence matter
the task force was convened to support.
``(D) An approximate date by which the task force will be
dissolved.''.
(b) Clerical Amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
amended by striking the item relating to section 119B and
inserting the following:
``Sec. 119B. National Intelligence Task Forces.''.
SEC. 410. REPEAL OF VARIOUS POSITIONS, UNITS, CENTERS,
COUNCILS, AND OFFICES.
(a) Intelligence Community Chief Data Officer.--
(1) Repeal.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by striking section 103K
(50 U.S.C. 3034b).
(2) Conforming amendment.--Section 103G of such Act (50
U.S.C. 3032) is amended by striking subsection (d).
(3) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
amended by striking the item relating to section 103K.
(b) Intelligence Community Innovation Unit.--
(1) Termination.--The Director of National Intelligence
shall take such actions as may be necessary to terminate and
wind down the operations of the Intelligence Community
Innovation Unit before the date specified in paragraph (3).
(2) Repeal.--
(A) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is further amended by striking
section 103L (50 U.S.C. 3034c).
(B) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section
103L.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
(c) Foreign Malign Influence Center.--
(1) Plan for termination.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a plan to achieve the termination of the Foreign
Malign Influence Center.
(2) Termination.--On a date that is at least 90 days after
the date on which the plan required by paragraph (1) is
submitted, or 1 year after the date of the enactment of this
Act, whichever is later, the Director of National
Intelligence shall begin taking such actions as may be
necessary to terminate and wind down the operations of the
Foreign Malign Influence Center.
(3) Completion.--Not later than 455 days after the date of
the enactment of this Act, the Director of National
Intelligence shall complete the termination of the Foreign
Malign Influence Center.
(4) Reductions in staff.--Any reduction in staff of the
Foreign Malign Influence Center shall comply with the
requirements of section 403(b).
(5) Repeal.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is further amended by striking
section 119C (50 U.S.C. 3059).
(6) Conforming amendments.--
(A) Public health service act.--Section 499A(n) of the
Public Health Service Act (42 U.S.C. 290c(n)) is amended--
(i) in paragraph (1)(C), by striking ``(as defined in
section 119C of the National Security Act of 1947 (50 U.S.C.
3059))''; and
(ii) by adding at the end the following:
``(3) Definition of covered foreign country.--In this
subsection, the term `covered foreign country' means the
government, or any entity affiliated with the military or
intelligence services of, the following foreign countries:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Democratic People's Republic of Korea.
``(D) The Islamic Republic of Iran.
``(E) Such other countries as the Director considers
appropriate.''.
(B) National security act of 1947.--The National Security
Act of 1947 (50 U.S.C. 3002 et seq.) is amended--
(i) in section 507(a) (50 U.S.C. 3106(a)), by striking
paragraph (6); and
(ii) in section 1111(d) (50 U.S.C. 3241(d)), by striking
paragraph (3) and inserting the following:
``(3) Foreign malign influence.--The term `foreign malign
influence' means any hostile effort undertaken by, at the
direction of, or on behalf of or with the substantial support
of, the government of a covered foreign country with the
objective of influencing, though overt or covert means--
``(A) the political, military, economic, or other policies
or activities of the United States Government or State or
local governments, including any election within the United
States; or
``(B) public opinion within the United States.''.
(C) Damon paul nelson and matthew young pollard
intelligence authorization act for fiscal years 2018, 2019,
and 2020.--Section 5323(h) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3369(h)) is
amended--
(i) in the matter preceding paragraph (1), by striking
``definitions.--'' and inserting ``definitions.--In this
section:'';
(ii) by redesignating paragraph (3) as paragraph (4); and
(iii) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) Covered foreign country.--The term `covered foreign
country' means the government, or any entity affiliated with
the military or intelligence services of, the following
foreign countries:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Democratic People's Republic of Korea.
``(D) The Islamic Republic of Iran.
``(E) Such other countries as the Director considers
appropriate.
``(3) Foreign malign influence.--The term `foreign malign
influence' means any hostile effort undertaken by, at the
direction of, or on behalf of or with the substantial support
of, the government of a covered foreign country with the
objective of influencing, through overt or covert means--
``(A) the political, military, economic, or other policies
or activities of the United States Government or State or
local governments, including any election within the United
States; or
``(B) public opinion within the United States.''.
(7) Clerical amendment.--The table of contents for the
National Security Act of 1947 (50 U.S.C. 3002 et seq.) is
amended, in the matter preceding section 2 of such Act, by
striking the item relating to section 119C.
(8) Effective date.--The amendments made by this subsection
shall take effect on the date that is 455 days after the date
of the enactment of this Act.
(9) Rule of construction.--Nothing in this subsection shall
preclude the Director of National Intelligence from
determining that--
(A) certain coordinating functions of the Foreign Malign
Influence Center shall be retained at the Office of the
Director of National Intelligence consistent with the
authorities of the Director under section 102A of the
National Security Act of 1947 (50 U.S.C. 3024), transferred
to another department or agency, or terminated; or
(B) certain missions or functions of the Foreign Malign
Influence Center shall be transferred to another department
or agency, or terminated.
(d) Technical Amendment Regarding Expired Climate Security
Advisory Council.--
(1) Repeal.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is further amended by striking
section 120 (50 U.S.C. 3060).
(2) Conforming amendment.--Section 331 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 113 note) is amended by striking paragraph
(2) and inserting the following:
``(2) The term `climate security' means the effects of
climate change on the following:
``(A) The national security of the United States, including
national security infrastructure.
``(B) Subnational, national, and regional political
stability.
``(C) The security of allies and partners of the United
States.
``(D) Ongoing or potential political violence, including
unrest, rioting, guerrilla warfare, insurgency, terrorism,
rebellion, revolution, civil war, and interstate war.''.
(3) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section 120.
(e) Office of Engagement.--
(1) Termination.--The Director of National Intelligence
shall take such actions as may be necessary to terminate and
wind down the
[[Page S5032]]
operations of the Office of Engagement before the date
specified in paragraph (3).
(2) Repeal.--
(A) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is further amended by striking
section 122 (50 U.S.C. 3062).
(B) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section 122.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
(f) Framework for Cross-disciplinary Education and
Training.--
(1) Repeal.--Subtitle A of title X of the National Security
Act of 1947 (50 U.S.C. 3191 et seq.) is amended by striking
section 1002 (50 U.S.C. 3192).
(2) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section
1002.
(g) Foreign Languages Program.--
(1) Termination.--The Director of National Intelligence
shall take such actions as may be necessary to terminate and
wind down the operations of the Foreign Languages Program
before the date specified in paragraph (5).
(2) Repeals.--Subtitle B of such title (50 U.S.C. 3201 et
seq.) is amended by striking sections 1011 (50 U.S.C. 3201,
relating to program on advancement of foreign languages
critical to the intelligence community), 1012 (50 U.S.C.
3202, relating to education partnerships), and 1013 (50
U.S.C. 3203, relating to voluntary services).
(3) Conforming amendments.--Such subtitle is further
amended by striking sections 1014 (50 U.S.C. 3204, relating
to regulations) and 1015 (50 U.S.C. 3205, relating to
definitions).
(4) Clerical amendments.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the items relating to subtitle B
of title X.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
(h) Joint Intelligence Community Council.--
(1) Termination.--The Joint Intelligence Community Council
is terminated.
(2) Conforming amendment.--Title I of the National Security
Act of 1947 (50 U.S.C. 3021 et seq.) is amended by striking
section 101A (50 U.S.C. 3022).
(3) Repeal of requirement to consult with joint
intelligence community council for national intelligence
program budget.--Section 102A(c)(1)(B) of the National
Security Act of 1947 (50 U.S.C. 3024(c)(1)(B)) is amended by
striking ``, as appropriate, after obtaining the advice of
the Joint Intelligence Community Council,''.
(4) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
amended by striking the item relating to section 101A.
SEC. 411. LIMITATION ON USE OF INTELLIGENCE COMMUNITY
MANAGEMENT ACCOUNT FUNDS FOR CERTAIN ENTITIES.
(a) In General.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by adding at the end
the following:
``SEC. 314. LIMITATION ON USE OF INTELLIGENCE COMMUNITY
MANAGEMENT ACCOUNT FUNDS FOR CERTAIN ENTITIES.
``Amounts appropriated for the Intelligence Community
Management Account may not be obligated or expended to
provide financial or in-kind support for the purposes of
analytic collaboration, including for any study, research, or
assessment, to--
``(1) an entity that is a federally funded research and
development center as defined in section 35.017 of the
Federal Acquisition Regulation, or successor regulation, that
has received or expects to receive any financial or in-kind
support from a foreign government, except for a foreign
government that is a member of the Five Eyes intelligence-
sharing alliance;
``(2) an entity that is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code, or otherwise describes
itself as a think tank in any public document, that has
received or expects to receive any financial or in-kind
support from a foreign government, except for a foreign
government that is a member of the Five Eyes intelligence-
sharing alliance; or
``(3) an entity that is organized for research or for
engaging in advocacy in areas such as public policy or
political strategy that has received or expects to receive
any financial or in-kind support from a government, or an
entity affiliated with the military or intelligence services,
of--
``(A) the People's Republic of China;
``(B) the Russian Federation;
``(C) the Democratic People's Republic of Korea;
``(D) the Islamic Republic of Iran;
``(E) the Bolivarian Republic of Venezuela; or
``(F) the Republic of Cuba.''.
(b) Conforming Amendment.--Section 103B(e) of such Act (50
U.S.C. 3027(e)) is amended by inserting ``and subject to
section 314'' after ``control of the Director of National
Intelligence''.
(c) Clerical Amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by inserting after the item relating to
section 313 the following:
``Sec. 314. Limitation on use of Intelligence Community Management
Account funds for certain entities.''.
SEC. 412. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY.
(a) Transfer.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall transfer the functions of the National
Intelligence University to the National Defense University
described in section 2165 of title 10, United Stats Code.
(b) Repeal.--Title X of the National Security Act of 1947
(50 U.S.C. 3191 et seq.) is amended by striking subtitle D
(50 U.S.C. 3227 et seq.).
(c) Conforming Amendments.--
(1) Title 10.--Section 2151(b) of title 10, United States
Code, is amended by striking paragraph (3).
(2) Title 17.--Section 105(d)(2) of title 17, United States
Code, is amended--
(A) by striking subparagraph (M); and
(B) by redesignating subparagraph (N) as subparagraph (M).
(3) Damon paul nelson and matthew young pollard
intelligence authorization act for fiscal years 2018, 2019,
and 2020.--The Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (division E of Public Law 116-92) is amended by
striking section 5324 (50 U.S.C. 3334a).
(d) Clerical Amendment.--The table of contents for the
National Security Act of 1947 (50 U.S.C. 3002 et seq.) is
amended, in the matter preceding section 2 of such Act, by
striking the items relating to subtitle D of title X.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
TITLE V--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--Foreign Countries Generally
SEC. 501. DECLASSIFICATION OF INFORMATION RELATING TO ACTIONS
BY FOREIGN GOVERNMENTS TO ASSIST PERSONS
EVADING JUSTICE.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation
shall, in coordination with the Director of National
Intelligence, declassify, with any redactions necessary to
protect intelligence sources and methods, any information
relating to whether foreign government officials have
assisted or facilitated any citizen or national of their
country in departing the United States while the citizen or
national was under investigation or awaiting trial or
sentencing for a criminal offense committed in the United
States.
SEC. 502. ENHANCED INTELLIGENCE SHARING RELATING TO FOREIGN
ADVERSARY BIOTECHNOLOGICAL THREATS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with such other heads of
elements of the intelligence community as the Director
considers appropriate, shall establish and submit to the
congressional intelligence committees a policy for
streamlining the declassification or downgrading and sharing
of intelligence information relating to biotechnological
developments and threats in order to counter efforts by
foreign adversaries to weaponize biotechnologies and
biological weapons, including threats relating to military,
industrial, agricultural, and health applications of
biotechnology.
(b) Elements.--The plan required by subsection (a) shall
include mechanisms for sharing the information described in
such subsection--
(1) with allies and partners;
(2) with private sector partners; and
(3) across the Federal Government.
(c) Reporting.-- Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for 2
years, the Director shall submit to the congressional
intelligence committees a report on progress sharing
information with recipients under subsection (b).
SEC. 503. THREAT ASSESSMENT REGARDING UNMANNED AIRCRAFT
SYSTEMS AT OR NEAR THE INTERNATIONAL BORDERS OF
THE UNITED STATES.
(a) Short Title.--This section may be cited as the ``Border
Drone Threat Assessment Act''.
(b) Definitions.-- In this section:
(1) At or near the international borders of the united
states.--The term ``at or near the international borders of
the United States'' means at or within 100 air miles of an
international land border or coastal border of the United
States.
(2) Director.--The term ``Director'' means the Director of
National Intelligence.
(3) Foreign malign influence.--The term ``foreign malign
influence'' has the meaning given such term in section
119B(f) of the National Security Act of 1947 (50 U.S.C.
3059(f)).
(4) Malign actor.--The term ``malign actor'' means any
individual, group, or organization that is engaged in foreign
malign influence, illicit drug trafficking, or other forms of
transnational organized crime.
(5) Transnational organized crime.--The term
``transnational organized crime'' has the meaning given such
term in section 284(i) of title 10, United States Code.
[[Page S5033]]
(6) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Intelligence and Analysis of the
Department of Homeland Security.
(7) Unmanned aircraft; 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.
(c) Threat Assessment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Director, the Under Secretary,
and the heads of the other elements of the intelligence
community, shall complete an assessment of the threat
regarding unmanned aircraft systems at or near the
international borders of the United States.
(2) Elements.--The threat assessment required under
paragraph (1) shall include a description of--
(A) the malign actors operating unmanned aircraft systems
at or near the international borders of the United States,
including malign actors who cross such borders;
(B) how a threat is identified and assessed at or near the
international borders of the United States, including a
description of the capabilities of the United States
Government to detect and identify unmanned aircraft systems
operated by, or on behalf of, malign actors;
(C) the data and information collected by operators of
unmanned aircraft systems at or near the international
borders of the United States, including how such data is used
by malign actors;
(D) the tactics, techniques, and procedures used at or near
the international borders of the United States by malign
actors with regard to unmanned aircraft systems, including
how unmanned aircraft systems are acquired, modified, and
utilized to conduct malicious activities, including attacks,
surveillance, conveyance of contraband, and other forms of
threats;
(E) the guidance, policies, and procedures that address the
privacy, civil rights, and civil liberties of persons who
lawfully operate unmanned aircraft systems at or near the
international borders of the United States; and
(F) an assessment of the adequacy of current authorities of
the United States Government to counter the use of unmanned
aircraft systems by malign actors at or near the
international borders of the United States, including an
accounting of the delineated responsibilities of Federal
agencies to counter, contain, trace, or defeat unmanned
aircraft systems at or near such international borders.
(d) Report.--
(1) In general.--Not later than 180 days after completing
the threat assessment required under subsection (c), the
Director and the Under Secretary shall jointly submit a
report to the congressional intelligence committees
containing findings with respect to such assessment.
(2) Elements.--The report required under paragraph (1)
shall include a detailed description of the threats posed to
the national security of the United States by unmanned
aircraft systems operated by malign actors at or near the
international borders of the United States.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex, as appropriate.
SEC. 504. ASSESSMENT OF THE POTENTIAL EFFECT OF EXPANDED
PARTNERSHIPS AMONG WESTERN HEMISPHERE
COUNTRIES.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the National Intelligence Council
shall--
(1) conduct an assessment of the potential effect of
expanding partnerships among countries in the western
hemisphere; and
(2) submit to the congressional intelligence committees a
report on the findings of the National Intelligence Council
regarding the assessment conducted pursuant to paragraph (1).
(b) Elements.--The assessment required by subsection (a)
shall include an assessment of the potential effect of
expanding such partnerships on--
(1) the illicit drug trade, human smuggling networks, and
corruption in Latin America; and
(2) the efforts of China to control global manufacturing.
(c) Form.--The report submitted pursuant to subsection
(a)(2) shall be submitted in unclassified form and made
available to the public, but may include a classified annex.
Subtitle B--People's Republic of China
SEC. 511. COUNTERING CHINESE COMMUNIST PARTY EFFORTS THAT
THREATEN EUROPE.
(a) Strategy Required.--Not later than 120 days after the
date of the enactment of this Act, the President, acting
through the National Security Council, shall develop an
interagency strategy to counter the efforts of the Chinese
Communist Party to expand its economic, military, and
ideological influence in Europe.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) An assessment of the current efforts by the
intelligence community to brief members of the North Atlantic
Treaty Organization on intelligence and influence activities
by the Chinese Communist Party in Europe, including the
following:
(A) Any support by the Chinese Communist Party to the
economy and defense industrial base of the Russian
Federation.
(B) Any provision of lethal assistance to the Russian army
by the Chinese Communist Party.
(C) Any cyber operations by the Chinese Communist Party to
gain the ability to remotely shut down critical
infrastructure in Europe.
(D) Any influence operations by the Chinese Communist Party
to sway European public opinion.
(E) Any use by the Chinese Communist Party of economic
coercion and weaponization of economic ties to members of the
North Atlantic Treaty Organization for political gain.
(2) A strategic plan to counter the influence of the
Chinese Communist Party in Europe that includes proposals for
actions by the United States, including the following:
(A) Robust intelligence sharing with European allies in the
areas described in paragraph (1), and an identification of
additional capabilities and resources needed for such
intelligence sharing.
(B) Actions required by the United States Government to
support United States and allied country businesses to
provide competitive alternatives to Chinese bids in the
following European sectors:
(i) Energy
(ii) Telecommunications.
(iii) Defense
(iv) Finance.
(v) Ports and other critical infrastructure.
(C) Assistance to European governments in passing
legislation or enforcing regulations that protect European
academic institutions, think tanks, research entities, and
nongovernmental organizations from efforts by the United
Front Work Department of the Chinese Communist Party to
normalize talking points and propaganda of the Chinese
Communist Party.
(D) Any other action the President determines is necessary
to counter the Chinese Communist Party in Europe.
(c) Submission to Congress.--
(1) In general.--Not later than 30 days after the date on
which the President completes development of the strategy
required by subsection (a), the President shall submit the
strategy to the appropriate committees of Congress.
(2) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on the Judiciary, the Committee
on Finance, the Committee on Commerce, Science, and
Transportation, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Appropriations of the Senate;
and
(C) the Committee on Homeland Security, the Committee on
Foreign Affairs, the Committee on the Judiciary, the
Committee on Armed Services, the Committee on Financial
Services, and the Committee on Appropriations of the House of
Representatives.
SEC. 512. PROHIBITION ON INTELLIGENCE COMMUNITY CONTRACTING
WITH CHINESE MILITARY COMPANIES ENGAGED IN
BIOTECHNOLOGY RESEARCH, DEVELOPMENT, OR
MANUFACTURING.
(a) Definitions.--In this section:
(1) 1260H list.--The term ``1260H list'' means the list of
Chinese military companies operating in the United States
most recently submitted under section 1260H(b)(1) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116-
283).
(2) Affiliate.--The term ``affiliate'' means an entity that
directly or indirectly controls, is controlled by, or is
under common control with another entity.
(3) Biotechnology.--The term ``biotechnology'' means the
use of biological processes, organisms, or systems for
manufacturing, research, or medical purposes, including
genetic engineering, synthetic biology, and bioinformatics.
(b) Prohibition.--Subject to subsections (d) and (e), a
head of an element of the intelligence community may not
enter into, renew, or extend any contract for a good or
service with--
(1) any entity listed on the 1260H list that is engaged in
biotechnology research, development, manufacturing, or
related activities;
(2) any entity that is an affiliate, subsidiary, or parent
company of a biotechnology company included on the 1260H
list;
(3) any entity that has a known joint venture, partnership,
or contractual relationship with a biotechnology company
included on the 1260H list, where such relationship presents
a risk to national security as determined by the Director of
National Intelligence; or
(4) any entity that is engaged in biotechnology research,
development, manufacturing, or related activities and deemed
to be a threat to national security as determined by the
Director.
(c) Implementation and Compliance.--The Director of
National Intelligence shall--
(1) establish guidelines for determining affiliation and
contractual relationships under this section;
(2) maintain a publicly available list of biotechnology
companies and affiliates with whom contracting is prohibited
under subsection (b);
[[Page S5034]]
(3) require that each head of an element of the
intelligence community ensure that the contractors and
subcontractors engaged by the element certify that they are
not engaged in a contract for a good or service with an
entity included on the 1260H list that is engaged in
biotechnology research, development, manufacturing, or a
related activity; and
(4) conduct regular audits to ensure compliance with
subsection (b).
(d) Waiver Authority.--
(1) In general.--The Director of National Intelligence may
waive the prohibition under subsection (b) for a procurement
on a case-by-case basis if the Director determines, in
writing, that--
(A) the procurement is essential for national security and
no reasonable alternative source exists; and
(B) appropriate measures are in place to mitigate risks
associated with the procurement.
(2) Congressional notification.--For each waiver for a
procurement issued under subsection (b), the Director shall,
not later than 30 days after issuing the waiver, submit to
the congressional intelligence committees a notice of the
waiver, which shall include a justification for the waiver
and a description of the risk mitigation measures implemented
for the procurement.
(e) Exceptions.--The prohibitions under subsection (b)
shall not apply to--
(1) the acquisition or provision of health care services
overseas for--
(A) employees of the United States, including members of
the uniformed services (as defined in section 101(a) of title
10, United States Code), whose official duty stations are
located overseas or who are on permissive temporary duty
travel overseas; or
(B) employees of contractors or subcontractors of the
United States--
(i) who are performing under a contract that directly
supports the missions or activities of individuals described
in subparagraph (A); and
(ii) whose primary duty stations are located overseas or
who are on permissive temporary duty travel overseas; or
(2) the acquisition, use, or distribution of human
multiomic data, lawfully compiled, that is commercially or
publicly available.
(f) Effective Date.--This section shall take effect on the
date that is 60 days after the date of the enactment of this
Act.
(g) Sunset.--The provisions of this section shall terminate
on the date that is 10 years after the date of the enactment
of this Act.
SEC. 513. REPORT ON THE WEALTH OF THE LEADERSHIP OF THE
CHINESE COMMUNIST PARTY.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, and not later than 270 days
following the appointment of a new Central Committee within
the Chinese Communist Party, the Director of National
Intelligence, in consultation with the Secretary of Defense,
shall post on a publicly available website of the Office of
the Director of National Intelligence and submit to the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives a report on the wealth of the leadership of
the Chinese Communist Party.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A detailed assessment of the personal wealth, financial
holdings, and business interests of the following foreign
persons, including the immediate family members of such
persons:
(A) The General Secretary of the Chinese Communist Party.
(B) Members of the Politburo Standing Committee.
(C) Members of the full Politburo.
(2) Evidence of physical and financial assets owned or
controlled directly or indirectly by such officials and their
immediate family members, including, at a minimum--
(A) real estate holdings inside and outside the People's
Republic of China, including the Special Administrative
Regions of Hong Kong and Macau;
(B) any high-value personal assets; and
(C) business holdings, investments, and financial accounts
held in foreign jurisdictions.
(3) Identification of financial proxies, business
associates, or other entities used to obscure the ownership
of such wealth and assets, including as a baseline those
referenced in the March 2025 report issued by the Office of
the Director of National Intelligence entitled, ``Wealth and
Corrupt Activities of the Leadership of the Chinese Communist
Party''.
(4) Nonpublic information related to the wealth of the
leadership of the Chinese Communist Party, to the extent
possible consistent with the protection of intelligence
sources and methods.
(c) Waiver.--The Director of National Intelligence may
delay the posting and submission of a report required under
subsection (a) for one or more 60-day periods upon providing
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives notification of the delay, together with a
justification for the delay.
(d) Form.--The report posted and submitted under subsection
(a) shall be in unclassified form, but the version submitted
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives may include a classified annex as necessary.
(e) Sunset.--This section shall have no force or effect 5
years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) Immediate family member.--The term ``immediate family
member'', with respect to a foreign person, means--
(A) the spouse of the person;
(B) the natural or adoptive parent, child, or sibling of
the person;
(C) the stepparent, stepchild, stepbrother, or stepsister
of the person;
(D) the father-, mother-, daughter-, son-, brother-, or
sister-in-law of the person;
(E) the grandparent or grandchild of the person; and
(F) the spouse of a grandparent or grandchild of the
person.
(2) Intelligence community.--the term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 514. ASSESSMENT AND REPORT ON INVESTMENTS BY THE
PEOPLE'S REPUBLIC OF CHINA IN THE AGRICULTURE
SECTOR OF BRAZIL.
(a) Assessment Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of State and
the Secretary of Agriculture, shall assess the extent of
investment by the People's Republic of China in the
agriculture sector of Brazil.
(2) Considerations.--The assessment shall consider the
following:
(A) The extent to which President Xi Jinping has engaged in
or directed engagement with Brazilian leadership with regard
to the agriculture sector of Brazil.
(B) The extent of engagement between the Government of the
People's Republic of China and the agriculture sector of
Brazil.
(C) The strategic intentions of the engagement or direction
of President Xi, if any, to invest in the agriculture sector
of Brazil.
(D) The number of entities based in or owned by the
People's Republic of China invested in the agriculture sector
of Brazil, including joint ventures with Brazilian-owned
companies.
(E) The impacts to the supply chain, global market, and
food security of investment in or control of the agriculture
sector in Brazil by the People's Republic of China.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report detailing the
assessment required by subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(c) Agriculture Sector Defined.--In this section, the term
``agriculture sector'' means any physical infrastructure,
energy production, or land associated with the production of
crops.
SEC. 515. IDENTIFICATION OF ENTITIES THAT PROVIDE SUPPORT TO
THE PEOPLE'S LIBERATION ARMY.
(a) In General.--The Director of National Intelligence
shall identify the businesses, academic and research
institutions, and other entities in the People's Republic of
China that provide support to the People's Liberation Army,
including--
(1) for national defense or military modernization,
including the development, application, or integration of
civilian capabilities for military, paramilitary, or security
purposes;
(2) for the development, production, testing, or
proliferation of weapons systems, critical technologies, or
dual-use items, as defined under applicable United States law
(including regulations); or
(3) academic, scientific, or technical collaboration that
materially contributes to or supports any of the activities
described in paragraphs (1) through (3).
(b) Submission of List to Congress.--Not later than 180
days after the date of the enactment of this Act, and
annually thereafter, the Director of National Intelligence
shall submit to the congressional intelligence committees a
list of each entity identified under subsection (a).
SEC. 516. ESTABLISHING A CHINA ECONOMICS AND INTELLIGENCE
CELL TO PUBLISH CHINA ECONOMIC POWER REPORT.
(a) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Assistant Secretary of
State for Intelligence and Research and the Assistant
Secretary of the Treasury for Intelligence and Analysis
(referred to in this section as the ``Assistant
Secretaries'') shall establish a joint cell to be known as
the ``China Economics and Intelligence Cell''.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the China Economics and
Intelligence Cell, in coordination with other elements of the
intelligence community and Federal agencies, as the Assistant
Secretaries determine appropriate, shall submit to the
congressional intelligence committees a report on economic
and technological developments involving the People's
Republic of China.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) An assessment of the economic goals and strategies,
financial capabilities, and current and future technological
developments used by the People's Republic of China
[[Page S5035]]
to become the dominant economic, technological, and military
power in the world.
(2) An assessment of efforts by the People's Republic of
China during the preceding year to acquire technology from
the United States and United States allies, to increase
dependence of the United States on the economy of the
People's Republic of China, and to distort global markets and
harm the economy of the United States through predatory, non-
market practices.
(3) An assessment of plans and efforts by the People's
Republic of China to leverage and weaponize the economic
power of the country, including access to markets,
manufacturing capacity, and use of trade and investment ties,
to coerce the United States and United States allies to make
concessions on economic security and national security
matters.
(4) An appendix that lists any Chinese entity that is--
(A) included on the Entity List maintained by the
Department of Commerce and set forth in Supplement No. 4 to
part 744 of the Export Administration Regulations under
subchapter C of chapter VII of title 15, Code of Federal
Regulations;
(B) included on the Unverified List maintained by the
Department of Commerce and set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations;
(C) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury (commonly
known as the ``SDN list'');
(D) included on the Non-SDN Chinese Military-Industrial
Complex Companies List maintained by the Office of Foreign
Assets Control of the Department of the Treasury pursuant to
Executive Order 13959 (50 U.S.C. 1701 note; relating to
addressing the threat from securities investments that
finance communist Chinese military companies);
(E) designated by the Secretary of State as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189);
(F) identified by the Secretary of Defense under section
1260H(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 113 note) as a Chinese military company operating
directly or indirectly in the United States; or
(G) included on a list maintained under clause (i), (ii),
(iv), or (v) of section 2(d)(2)(B) of the Act entitled ``An
Act to ensure that goods made with forced labor in the
Xinjiang Autonomous Region of the People's Republic of China
do not enter the United States market, and for other
purposes'', approved December 23, 2021 (Public Law 117-78; 22
U.S.C. 6901 note) (commonly referred to as the ``Uyghur
Forced Labor Prevention Act'').
(d) Use of Information.--In preparing the report required
by subsection (b), the Assistant Secretaries, in coordination
with the Director of National Intelligence, shall use all
available source intelligence and strive to declassify
information included in the report.
(e) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(f) Public Availability.--The unclassified portion of the
report required by subsection (b) shall be made available to
the public.
SEC. 517. MODIFICATION OF ANNUAL REPORTS ON INFLUENCE
OPERATIONS AND CAMPAIGNS IN THE UNITED STATES
BY THE CHINESE COMMUNIST PARTY.
Section 1107 of the National Security Act of 1947 (50
U.S.C. 3237) is amended--
(1) in subsection (a), by striking ``Director of the
National Counterintelligence and Security Center'' and
inserting ``Director of National Intelligence, in
coordination with the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, the Director of the National Security Agency, and any
other head of an element of the intelligence community the
Director of National Intelligence considers relevant,'';
(2) in subsection (b)--
(A) by redesignating paragraph (10) as paragraph (12); and
(B) by inserting after paragraph (9) the following:
``(10) A listing of provincial, municipal, or other law
enforcement institutions, including police departments, in
the People's Republic of China associated with establishing
or maintaining a Chinese police presence in the United
States.
``(11) A listing of colleges and universities in the
People's Republic of China that conduct military research or
host dedicated military initiatives or laboratories.'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c).
Subtitle C--The Russian Federation
SEC. 521. ASSESSMENT OF RUSSIAN DESTABILIZATION EFFORTS.
Section 1234(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3936) is amended by adding at the end the
following new paragraph:
``(27) An assessment of the efforts by Russia to undermine
or destabilize the national or economic security of the
United States or members of the North Atlantic Treaty
Organization, including plans or attempts by Russia to
conduct--
``(A) sabotage, including damage to infrastructure, or acts
of arson or vandalism;
``(B) critical infrastructure attacks or intrusions;
``(C) cyber attacks;
``(D) malign influence operations;
``(E) assassinations;
``(F) use of economic levers; or
``(G) interference with or influence of democratic
elections or election infrastructure.''.
SEC. 522. ENFORCING SANCTIONS WITH RESPECT TO THE SHADOW
FLEET OF THE RUSSIAN FEDERATION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter until
the date that the President rescinds Executive Order 14024
(50 U.S.C. 1701 note; relating to blocking property with
respect to specified harmful foreign activities of the
Government of the Russian Federation), the Secretary of the
Navy, operating through the Office of Naval Intelligence,
shall publish in the Federal Register a list of--
(1) all vessels determined by the Secretary of State, in
consultation with the Secretary of the Treasury, to have
shipped petroleum products of the Russian Federation in
violation of sanctions imposed with respect to the energy
sector of the Russian Federation pursuant to Executive Order
14024;
(2) all oil tankers owned by fleet operators based in the
Russian Federation; and
(3) all vessels that have engaged in ship-to-ship transfers
with vessels listed pursuant to paragraphs (1) and (2).
(b) Effect of Publication.--For each vessel not subject to
sanctions at the time such vessel is included on a list
published pursuant to subsection (a), the Secretary of the
Navy shall refer such vessel to--
(1) the Secretary of the Treasury for referral for
sanctions required by Executive Order 14024; and
(2) the Secretary of State to notify the governments of the
countries under the flags of which such vessels operate.
Subtitle D--Other Foreign Countries
SEC. 531. PLAN TO ENHANCE COUNTERNARCOTICS COLLABORATION,
COORDINATION, AND COOPERATION WITH THE
GOVERNMENT OF MEXICO.
(a) Requirement for Intelligence Community Elements.--Not
later than 60 days after the date of the enactment of this
Act, the head of each element of the intelligence community
shall submit to the Director of National Intelligence the
following:
(1) A description and assessment of the intelligence
community element's direct relationship, if any, with any
element of the Government of Mexico, including an assessment
of the counterintelligence risks of such relationship.
(2) A strategy to enhance counternarcotics cooperation and
appropriate coordination with each element of the Government
of Mexico with which the intelligence community element has a
direct relationship.
(3) Recommendations and a description of the resources
required to efficiently and effectively implement the
strategy required by paragraph (2) in furtherance of the
national interest of the United States.
(b) Requirement for Director of National Intelligence.--Not
later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to
the congressional intelligence committees the following:
(1) The submissions received by the Director pursuant to
subsection (a).
(2) An action plan to enhance counternarcotics
collaboration, coordination, and cooperation with the
Government of Mexico, including recommendations or requests
for any changes in authorities or resources in order to
effectuate the plan effectively in fiscal year 2026.
(c) Form.--
(1) Submissions from intelligence community elements.--The
submissions required by subsection (b)(1) shall be submitted
to the congressional intelligence committees in the same form
in which they were submitted to the Director of National
Intelligence.
(2) Action plan.--The submission required by subsection
(b)(2) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 532. ENHANCING INTELLIGENCE SUPPORT TO COUNTER FOREIGN
ADVERSARY INFLUENCE IN SUDAN.
Not later than 90 days after the date of the enactment of
this Act, the Director of the Central Intelligence Agency
shall, in consultation with such other heads of elements of
the intelligence community as the Director considers
appropriate, develop a plan--
(1) to share relevant intelligence, if any, relating to
foreign adversary efforts to influence the conflict in Sudan,
with regional allies and partners of the United States,
including to downgrade or declassify such intelligence as
needed; and
(2) to counter foreign adversary efforts to influence the
conflict in Sudan in order to protect national and regional
security.
SEC. 533. UKRAINE LESSONS LEARNED WORKING GROUP.
Section 6413(e) of the Intelligence Authorization Act of
2025 (division F of Public Law 118-159) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Evaluate which lessons should be shared with Taiwan
to assist Taiwan's acquisitions decisions and capability
development.''.
[[Page S5036]]
SEC. 534. IMPROVEMENTS TO REQUIREMENT FOR MONITORING OF
IRANIAN ENRICHMENT OF URANIUM-235.
Paragraph (1) of section 7413(b) of the Intelligence
Authorization Act for Fiscal Year 2024 (Public Law 118-31; 22
U.S.C. 8701 note) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1), by striking ``assesses that the
Islamic Republic of Iran has produced or possesses any amount
of uranium-235 enriched to greater than 60 percent purity or
has engaged in significant enrichment activity,'' and
inserting ``makes a finding described in paragraph (2)
pursuant to an assessment,''; and
(3) by inserting after paragraph (1) the following:
``(2) Finding described.--A finding described in this
paragraph is a finding that the Islamic Republic of Iran
has--
``(A) produced or possesses any amount of uranium-235
enriched to greater than 60 percent purity;
``(B) engaged in significant enrichment activity; or
``(C) made the decision to produce a nuclear weapon from
highly enriched uranium.''.
SEC. 535. DUTY TO WARN UNITED STATES PERSONS THREATENED BY
IRANIAN LETHAL PLOTTING.
(a) In General.--Upon collecting or acquiring credible and
specific information indicating an impending threat of
intentional killing, serious bodily injury, or kidnapping
directed at a United States person by the Islamic Republic of
Iran or an Iranian proxy, an element of the intelligence
community must immediately notify the Director of the Federal
Bureau of Investigation of such information.
(b) Warning; Transmission to Congress.--Not later than 48
hours after receiving a notification pursuant to subsection
(a), the Director of the Federal Bureau of Investigation
shall--
(1) warn the intended victim, or any persons responsible
for protecting the intended victim, of the impending threat;
and
(2) provide the information received pursuant to subsection
(a) to the appropriate congressional committees, consistent
with the protection of sources and methods.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on the Judiciary
of the Senate; and
(B) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on the Judiciary
of the House of Representatives.
(2) Iranian proxy.--The term ``Iranian proxy'' means any
entity receiving support from the Government of the Islamic
Republic of Iran or the Iranian Revolutionary Guard Corps,
including--
(A) Hizballah;
(B) Ansar Allah;
(C) Hamas; and
(D) Shia militia groups in Iraq and Syria.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a national of the United States; or
(C) an alien lawfully admitted for permanent residence to
the United States.
TITLE VI--EMERGING TECHNOLOGIES
SEC. 601. INTELLIGENCE COMMUNITY TECHNOLOGY BRIDGE FUND.
(a) Definition of Nonprofit Organization.--In this section,
the term ``nonprofit organization'' means an organization
that is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and that is exempt from tax under
section 501(a) of such Code.
(b) Establishment of Fund.--There is established in the
Treasury of the United States a fund to be known as the
``Intelligence Community Technology Bridge Fund'' (in this
subsection referred to as the ``Fund'') to assist in the
transitioning of products or services from the research and
development phase to the prototype or production phase.
(c) Contents of Fund.--The Fund shall consist of amounts
appropriated to the Fund, and amounts in the Fund shall
remain available until expended.
(d) Availability and Use of Fund.--
(1) In general.--Subject to paragraph (3), amounts in the
Fund shall be available to the Director of National
Intelligence to make available to the heads of the elements
of the intelligence community to provide assistance to a
business or nonprofit organization that is transitioning a
product or service to the prototype or production phase, as a
means of advancing government acquisitions of the product or
service.
(2) Types of assistance.--Assistance provided under
paragraph (1) may be distributed as funds in the form of a
grant, a payment for a product or service, or a payment for
equity.
(3) Requirements for funds.--Assistance may be provided
under paragraph (1) to a business or nonprofit organization
that is transitioning a product or service only if--
(A) the business or nonprofit organization is under
contract, agreement, or other engagement with an element of
the intelligence community for research and development; and
(B) the Director of National Intelligence or the head of an
element of the intelligence community attests that the
product or service will be utilized by an element of the
intelligence community for a mission need, such as because it
would be valuable in addressing a needed capability, fill or
complement a technology gap, or increase the supplier base or
price competitiveness for the Federal Government.
(4) Priority for small business concerns and nontraditional
contractors.--In providing assistance under paragraph (1),
the Director shall limit the provision of assistance to small
business concerns (as defined under section 3(a) of the Small
Business Act (15 U.S.C. 632(a))) and nontraditional defense
contractors (as defined in section 3014 of title 10, United
States Code).
(e) Administration of Fund.--
(1) In general.--The Fund shall be administered by the
Director of National Intelligence.
(2) Consultation.--In administering the Fund, the
Director--
(A) shall consult with the heads of the elements of the
intelligence community; and
(B) may consult with the Defense Advanced Research Projects
Agency, Intelligence Advanced Research Projects Activity,
National Laboratories intelligence community laboratories,
the North Atlantic Treaty Organization Investment Fund, the
Defense Innovation Unit, and such other entities as the
Director deems appropriate.
(f) Annual Reports.--
(1) In general.--Not later than September 30, 2026, and
each fiscal year thereafter, the Director shall submit to the
congressional intelligence committees a report on the Fund.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the period covered by the report,
information about the following:
(A) How much was expended or obligated using amounts from
the Fund.
(B) For what the amounts were expended or obligated.
(C) The effects of such expenditures and obligations.
(D) A summary of annual transition activities and outcomes
of such activities for the intelligence community.
(g) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Fund $75,000,000 for
fiscal year 2026 and for each fiscal year thereafter.
(2) Limitation.--The amount in the Fund shall not exceed
$75,000,000 at any time.
SEC. 602. ENHANCING BIOTECHNOLOGY TALENT WITHIN THE
INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall establish a policy for how existing and
future funding and resources of the intelligence community
can be directed to ensure the intelligence community has
sufficient cleared personnel, including private sector
experts, to identify and respond to biotechnology threats.
(b) Elements.--The policy required by subsection (a) shall
include the following:
(1) The exact number of personnel dedicated to
biotechnology issues apart from biological weapons, including
military, industrial, agricultural, and healthcare threats,
in each element of the intelligence community as of the date
on which the report is submitted, including staff breakdowns
by position function.
(2) An assessment on the following:
(A) Where additional full-time employees or detailees are
appropriate.
(B) How to increase partnerships with other government and
private sector organizations, including the National
Laboratories (as defined in section 2 of the Energy Policy
Act of 2005 (42 U.S.C. 15801)), including how existing
funding and resources of the intelligence community can be
directed to secure such expertise, including appropriate
security clearances.
(C) How to better use special hiring authorities to
accomplish the goal described in subsection (a).
(D) How to increase recruitment and retention of
biotechnology talent.
(c) Implementation and Report.--Not later than 180 days
after the date of the establishment of the policy required by
subsection (a), the Director of National Intelligence shall--
(1) direct the funding and resources described in
subsection (b)(2)(B) towards securing sufficient expertise to
identify and respond to biotechnology threats; and
(2) submit to the congressional intelligence committees a
report on additional funding and resources needed to carry
out subsection (b)(2).
SEC. 603. ENHANCED INTELLIGENCE COMMUNITY SUPPORT TO SECURE
UNITED STATES GENOMIC DATA.
(a) In General.--The Director of National Intelligence, in
consultation with such other heads of elements of the
intelligence community as the Director considers appropriate,
shall provide support to and consult with the Federal Bureau
of Investigation, the Committee on Foreign Investment in the
United States, and other government agencies as appropriate
when reviewing transactions relating to the acquisition of
covered entities by foreign entities, including attempts by
the Government of the People's Republic of China--
(1) to leverage and acquire biological and genomic data in
the United States; and
[[Page S5037]]
(2) to leverage and acquire biological and genomic data
outside the United States, including by providing economic
support to the military, industrial, agricultural, or
healthcare infrastructure of foreign countries of concern.
(b) Assessment.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall brief the appropriate congressional
committees on--
(1) a formal process for ensuring intelligence community
support to Federal agencies relating to adversary acquisition
of genomic data, in compliance with Executive Order 14117 (50
U.S.C. 1701 note; relating to preventing access to Americans'
bulk sensitive personal data and United States Government-
related data by countries of concern), or any successor
order; and
(2) any additional resources or authorities needed to
conduct subsequent intelligence assessments under such
subsection.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Biological data.--The term ``biological data'' means
information, including associated descriptors, derived from
the structure, function, or process of a biological system,
that is either measured, collected, or aggregated for
analysis, including information from humans, animals, plants,
or microbes.
(3) Covered entity.--The term ``covered entity'' means a
private entity involved in genomic data (including genomic
data equipment, technologies, sequencing, or synthesis),
including a biobank or other private entity that holds large
amounts of genomic or biological data.
(4) Foreign entity of concern.--The term ``foreign entity
of concern'' has the meaning given that term in section
10612(a) of the Research and Development, Competition, and
Innovation Act (42 U.S.C. 19221(a)).
SEC. 604. ENSURING INTELLIGENCE COMMUNITY PROCUREMENT OF
DOMESTIC UNITED STATES PRODUCTION OF SYNTHETIC
DNA AND RNA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with such other heads of
elements of the intelligence community as the Director
considers appropriate, shall establish a policy to ensure
that elements of the intelligence community may not contract
with Chinese biotechnology suppliers that are determined by
the Director to pose a security threat.
(b) Elements.--The policy required by subsection (a) shall
include that an element of the intelligence community may not
procure or obtain any product made using synthetic DNA or RNA
unless--
(1) the final assembly or processing of the product occurs
in the United States;
(2) all significant processing of the product occurs in the
United States; and
(3) all or nearly all ingredients or components of the
product are made and sourced in the United States.
(c) Waiver.--The Director of National Intelligence may
waive the application of the policy required by subsection
(a) to allow purchases prohibited by such policy if the
purpose of such a purchase fulfills a national security need.
(d) Definitions.--In this section:
(1) Chinese biotechnology supplier.--The term ``Chinese
biotechnology supplier'' means a supplier of biotechnology
that is organized under the laws of, or otherwise subject to
the jurisdiction of, the People's Republic of China.
(2) Synthetic dna or rna.--The term ``synthetic DNA or
RNA'' means any nucleic acid sequence that is produced de
novo through chemical or enzymatic synthesis.
SEC. 605. REPORT ON IDENTIFICATION OF INTELLIGENCE COMMUNITY
SITES FOR ADVANCED NUCLEAR TECHNOLOGIES.
(a) Report on Identification of Sites.--Not later than 240
days after the date of the enactment of this Act, the
Director of National Intelligence shall, in consultation with
such heads of elements of the intelligence community as the
Director considers necessary, and in coordination with
efforts of the Secretary of Defense and the Secretary of
Energy, submit a report to the congressional intelligence
committees identifying 1 or more sites which could benefit
from secure, resilient energy through the deployment of
advanced nuclear technologies, ranging from 1 to 100
megawatts, at minimum, which deployment would be to serve in
whole or in part the facility, structure, infrastructure, or
part thereof for which a head of an element of the
intelligence community has financial or maintenance
responsibility.
(b) Plans.--The report submitted pursuant to subsection (a)
shall include plans to ensure--
(1) prioritizing early site preparation and licensing
activities for deployment of advanced nuclear technologies
with a goal of beginning advanced nuclear technology
deployment at any identified site not later than 3 years
after the date of the enactment of this Act;
(2) the ability to authorize an identified site to
interconnect with the commercial electric grid if the head of
the element responsible for the reactor deployment determines
that such interconnection enhances national security; and
(3) fuel for the advanced nuclear technologies operated at
identified sites is not subject to obligations (as defined in
section 110.2 of title 10, Code of Federal Regulations, or
successor regulations).
SEC. 606. ADDRESSING INTELLIGENCE GAPS RELATING TO OUTBOUND
INVESTMENT SCREENING FOR BIOTECHNOLOGY.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the officials specified in
paragraph (2), shall submit to the President and the
congressional intelligence committees a strategy for
addressing intelligence gaps relating to--
(A) investment activity by the People's Republic of China
in the biotechnology sector of the United States;
(B) acquisition of intellectual property relating to United
States-origin biotechnology by entities of the People's
Republic of China; and
(C) any authorities or resources needed to address the gaps
outlined in subparagraphs (A) and (B).
(2) Officials specified.--The officials specified in this
paragraph are the following:
(A) The Director of the Central Intelligence Agency.
(B) The Assistant Secretary of the Treasury for
Intelligence and Analysis.
(C) The Director of the Defense Intelligence Agency.
(D) The Director of the Office of Intelligence and
Counterintelligence of the Department of Energy.
(E) The Assistant Secretary of State for Intelligence and
Research.
(F) The heads of such other elements of the intelligence
community as the Director of National Intelligence considers
appropriate.
(b) Recommendation Required.--Concurrent with the
submission of the report required by subsection (a), the
Secretary of the Treasury, in consultation with the Director
of National Intelligence, shall submit to the President a
recommendation with respect to whether part 850 of title 31,
Code of Federal Regulations, should be expanded to cover
biotechnology.
SEC. 607. ADDITIONAL FUNCTIONS AND REQUIREMENTS OF ARTIFICIAL
INTELLIGENCE SECURITY CENTER.
Section 6504 of the Intelligence Authorization Act for
Fiscal Year 2025 (division F of Public Law 118-159) is
amended--
(1) in subsection (c)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Making available a research test bed to private
sector and academic researchers, on a subsidized basis, to
engage in artificial intelligence security research,
including through the secure provision of access in a secure
environment to proprietary third-party models with the
consent of the vendors of the models.'';
(2) by redesignating subsection (d) as subsection (f); and
(3) by inserting after subsection (c) the following:
``(d) Test Bed Requirements.--
``(1) Access and terms of usage.--
``(A) Researcher access.--The Director shall establish
terms of usage governing researcher access to the test bed
made available under subsection (c)(3), with limitations on
researcher publication only to the extent necessary to
protect classified information or proprietary information
concerning third-party models provided through the consent of
model vendors.
``(B) Availability to federal agencies.--The Director shall
ensure that the test bed made available under subsection
(c)(3) is also made available to other Federal agencies on a
cost-recovery basis.
``(2) Use of certain infrastructure and other resources.--
In carrying out subsection (c)(3), the Director shall
coordinate with the Secretary of Energy to leverage existing
infrastructure and other resources associated with the
National Artificial Intelligence Research Resource.
``(e) Access to Proprietary Models.--In carrying out this
section, the Director shall establish such mechanisms as the
Director considers appropriate, including potential
contractual incentives, to ensure the provision of access to
proprietary models by qualified independent third-party
researchers if commercial model vendors have voluntarily
provided models and associated resources for such testing.''.
SEC. 608. ARTIFICIAL INTELLIGENCE DEVELOPMENT AND USAGE BY
INTELLIGENCE COMMUNITY.
(a) Identification of Commonly Used Artificial Intelligence
Systems and Functions That Can Be Re-used by Other
Elements.--Not later than 1 year after the date of the
enactment of this Act, the Chief Information Officer of the
Intelligence Community shall, in coordination with the Chief
Artificial Intelligence Officer of the Intelligence
Community, identify commonly used artificial intelligence
systems or functions that have the greatest potential for re-
use by intelligence community elements.
(b) Sharing of Identified Applications and Functions.--
Except as explicitly prohibited by a contractual obligation,
and to the
[[Page S5038]]
extent consistent with the protection of intelligence sources
and methods, for any artificial intelligence system or
function identified pursuant to subsection (a), each Chief
Artificial Intelligence Officer of an element of the
intelligence community shall adopt a policy to promote the
sharing of any custom-developed code, including models and
model weights, whether agency-developed or procured, with
other elements of the intelligence community that rely on
common artificial intelligence systems or functions.
(c) Contracts.--
(1) Rights to federal data and improvements.--Each head of
an element of the intelligence community shall take such
steps as the Chief Information Officer of the element
determines appropriate, to ensure that contracts to which the
element is a party provide for the retention of sufficient
rights to all Federal data and the retention of the rights to
any improvement to that data, including the continued design,
development, testing, and operation of an artificial
intelligence system.
(2) Limitations on re-use of derived information.--Each
head of an element of the intelligence community shall
consider contractual terms that protect Federal information
used by vendors in the development and operation of
artificial intelligence products and services procured by the
element, including limitations on the re-use of derived
information for products or services sold to foreign
governments by such vendors.
(3) Limitations on use of data to train or improve
commercial offerings.--Each head of an element of the
intelligence community shall include terms in the contracts
in which the elements are parties to protect intelligence
community data from being used to train or improve the
functionality of a vendor's commercial offerings without
express permission from the head.
(d) Model Contract Terms.--The Chief Information Officer of
the Intelligence Community shall provide the elements of the
intelligence community with model contractual terms for
consideration by the heads of those elements to prevent
vendor lock-in, as well as the adoption of procurement
practices that encourage competition to sustain a robust
marketplace for artificial intelligence products and
services, including through contractual preferences for
interoperable artificial intelligence products and services.
(e) Tracking and Evaluating Performance.--Each head of an
element of the intelligence community shall track and
evaluate performance of procured and element-developed
artificial intelligence by--
(1) documenting known capabilities and limitations of the
artificial intelligence system and any guidelines on how the
artificial intelligence is intended to be used;
(2) documenting provenance of the data used to train, fine-
tune, or operate the artificial intelligence system;
(3) conducting ongoing testing and validation on artificial
intelligence system performance, the effectiveness of vendor
artificial intelligence offerings, and associated risk
management measures, including by testing in real-world
conditions;
(4) assessing for overfitting to known test data, ensuring
that artificial intelligence developers or vendors are not
directly relying on the test data to train their artificial
intelligence systems;
(5) considering contractual terms that prioritize the
continuous improvement, performance monitoring, and
evaluation of effectiveness of procured artificial
intelligence;
(6) stipulating conditions for retraining or
decommissioning artificial intelligence models; and
(7) requiring sufficient post-award monitoring and
evaluation of effectiveness of the artificial intelligence
system, where appropriate in the context of the product or
service acquired.
SEC. 609. HIGH-IMPACT ARTIFICIAL INTELLIGENCE SYSTEMS.
(a) Definition of Use Case.--In this section, the term
``use case'', with respect to an artificial intelligence
system, means the specific mission being performed through
the use of an artificial intelligence system.
(b) Guidance Regarding Definitions of High-impact
Artificial Intelligence.--Not later than 30 days after the
date of the enactment of this Act, the Director of National
Intelligence shall issue guidance to the heads of elements of
the intelligence community to ensure consistency and accuracy
in each element's interpretation of the definition of high-
impact artificial intelligence systems and high-impact
artificial intelligence use cases to apply to each element's
respective missions.
(c) Inventory of High-impact Artificial Intelligence Use
Cases.--
(1) In general.--Each head of an element of the
intelligence community shall maintain an annual inventory of
high-impact artificial intelligence use cases, including
detailed information on the specific artificial intelligence
systems associated with such uses.
(2) Submittal to congress.--Not less frequently than once
each year, each head of an element of the intelligence
community shall submit to the congressional intelligence
committees the inventory maintained by the head pursuant to
paragraph (1).
(d) Guidance to Maintain Minimum Standards.--The Director
of National Intelligence shall, in coordination with the
heads of the elements of the intelligence community, issue
guidance to ensure elements of the intelligence community
utilizing high-impact artificial intelligence systems or
executing high-impact artificial intelligence use cases
maintain minimum standards for the following:
(1) Whistleblower protections.
(2) Risk management practices and policies.
(3) Performance expectations to ensure high-impact
artificial intelligence systems or high-impact artificial
intelligence use cases are subject to policies that ensure
they continue to perform as expected over time or be
discontinued, including--
(A) continuous monitoring;
(B) independent testing by a reviewer or team of reviewers
within the element that have not been involved in the
development or procurement of such artificial intelligence
system; and
(C) cost analyses, supported by a summary of direct costs
associated and expected savings, if applicable, relative to
existing or feasible human-led alternatives.
(4) Pre-deployment requirements to ensure high-impact
artificial intelligence systems or high-impact artificial
intelligence use cases document--
(A) the advantages and risks of using such capability, to
include appropriate legal and policy safeguards;
(B) the cost of operating such a capability;
(C) a schedule to ensure such capability is periodically
reevaluated for efficacy and performance; and
(D) the oversight and compliance mechanisms in place for
reviewing the use and output of such capability.
(5) Policies to ensure appropriate human oversight and
training.
SEC. 610. APPLICATION OF ARTIFICIAL INTELLIGENCE POLICIES OF
THE INTELLIGENCE COMMUNITY TO PUBLICLY
AVAILABLE MODELS USED FOR INTELLIGENCE
PURPOSES.
(a) In General.--Section 6702 of the Intelligence
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is
amended--
(1) by redesignating subsection (c) as subsection (e);
(2) by inserting after subsection (b) the following:
``(c) Application of Policies to Publicly Available Models
Used for Intelligence Purposes.--In carrying out subsections
(a) and (b), the Director shall ensure that the policies
established under such subsections apply to the greatest
extent possible to artificial intelligence models generally
available to the public in any context in which they are used
for an intelligence purpose and hosted in classified
environments.
``(d) Common Testing Standards and Benchmarks.--
``(1) Establishment.--The Chief Artificial Intelligence
Officer of the Intelligence Community, or any provider of
common concern designated by the Director of National
Intelligence, shall establish standards for testing of
artificial intelligence models, including common benchmarks
and methodologies for the performance of artificial
intelligence models across common use cases, including
targeting, machine translation, object detection, and object
recognition. Benchmarks and methodologies shall establish
higher performance standards for any high-impact artificial
intelligence use case, including any artificial intelligence
system task whose output (directly or indirectly) could serve
as an input for a lethal application.
``(2) Identification of computing model.--The Chief
Artificial Intelligence Officer of the Intelligence Community
shall convene the Intelligence Community Chief Artificial
Intelligence Officer Council to identify an appropriate
computing environment, at a level (or multiple levels) of
classification deemed appropriate, for elements of the
intelligence community to engage in testing and evaluation of
models prior to acquisition.''; and
(3) by adding at the end the following:
``(f) Definitions.--
``(1) Intelligence purpose defined.--In this section, the
term `intelligence purpose' means the collection, analysis,
or other mission-related intelligence activity.
``(2) Guidance regarding definitions of high-impact
artificial intelligence.--Not later than 30 days after the
date of the enactment of this subsection, the Director of
National Intelligence shall issue guidance to the heads of
elements of the intelligence community to ensure consistency
and accuracy in each element's interpretation of the
definition of high-impact artificial intelligence systems and
high-impact artificial intelligence use cases to apply to
each element's respective missions.''.
(b) Updates.--The Director shall make such revisions to
Intelligence Community Directive 505 (relating to Artificial
Intelligence) and other relevant documents as the Director
considers necessary to ensure compliance with subsection (c)
of section 6702 of such Act, as added by subsection (a).
SEC. 611. REVISION OF INTERIM GUIDANCE REGARDING ACQUISITION
AND USE OF FOUNDATION MODELS.
(a) Sense of Congress.--It is the sense of Congress that
the evaluation of training data, methods of labeling data,
and model weights pertaining to artificial intelligence
systems being considered for use by an element of the
intelligence community does not constitute collection by such
element of the intelligence community.
[[Page S5039]]
(b) In General.--The Director of National Intelligence, in
coordination with the Attorney General, shall revise the
interim guidance of the intelligence community entitled
``Regarding the Acquisition and Use of Foundation Models'' to
include the following:
(1) Guidance stipulating that the consideration by an
element of the intelligence community of acquisition of a
foundation model should involve consideration of the data
upon which the model was trained on. Any element of the
intelligence community evaluating whether to acquire a
foundation model for a potential intelligence use shall
request or otherwise lawfully gather pertinent information on
sources of training data and methods of data labeling,
including any functions carried out by third party vendors,
in order to make informed decisions on what mitigation
practices or other relevant dissemination, usage, or
retention measures may be applicable to that element's future
adoption of the foundation model under consideration.
(2) Guidance stipulating that each element of the
intelligence community shall to the greatest extent
practicable avoid use of publicly available models found to
contain information obtained unlawfully by a model vendor.
SEC. 612. STRATEGY ON INTELLIGENCE COORDINATION AND SHARING
RELATING TO CRITICAL AND EMERGING TECHNOLOGIES.
(a) Strategy.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence
shall develop a strategy for--
(1) coordinating the collection, processing, analysis, and
dissemination of intelligence relating to critical and
emerging technologies across the intelligence community; and
(2) the appropriate sharing of such intelligence with other
Federal departments and agencies with responsibilities for
regulation, innovation and research, science, public health,
export control and screenings, and Federal financial tools.
(b) Report.--Not later than 30 days after the development
of the strategy required by subsection (a), the Director
shall submit to the congressional intelligence committees a
copy of the strategy.
TITLE VII--CLASSIFICATION REFORM AND SECURITY CLEARANCES
SEC. 701. NOTIFICATION OF CERTAIN DECLASSIFICATIONS.
(a) In General.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by adding at the end
the following:
``SEC. 806. NOTIFICATION OF CERTAIN DECLASSIFICATIONS.
``(a) Notification to Congress by Director of National
Intelligence.--
``(1) In general.--Immediately upon declassifying,
downgrading, or directing the declassification or downgrading
of information or intelligence relating to intelligence
sources, methods, or activities pursuant to section 3.1(c) of
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or any successor
order, the Director of National Intelligence, or the
Principal Deputy Director of National Intelligence, as
delegated by the Director of National Intelligence, shall
notify the congressional intelligence committees and the
Archivist of the United States in writing of such
declassification, downgrading, or direction.
``(2) Contents.--Each notification required by paragraph
(1) shall include a copy of the information that has been, or
has been directed to be, declassified or downgraded.
``(b) Notification to Congress by Agency Head.--
``(1) In general.--Immediately upon the declassification of
information pursuant to section 3.1(d) of Executive Order
13526, or any successor order, the head, or senior official,
of a relevant element of the intelligence community, shall
notify the congressional intelligence committees and the
Archivist of the United States in writing of such
declassification.
``(2) Contents.--Each notification required by paragraph
(1) shall include a copy of the information that has been
declassified.''.
(b) Clerical Amendment.--The table of contents of the
National Security Act of 1947 (50 U.S.C. 3001 et seq.) is
amended by inserting after the item relating to section 805
the following:
``Sec. 806. Notification of certain declassifications.''.
SEC. 702. 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. 703. 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. 704. REFORMS RELATING TO INACTIVE SECURITY CLEARANCES.
(a) Extension of Period of Inactive Security Clearances.--
The Director of National Intelligence shall review and
evaluate the feasibility of updating personnel security
standards and procedures governing eligibility for access to
sensitive compartmented information and other controlled
access program information and security adjudicative
guidelines for determining eligibility for access to
sensitive compartmented information and other controlled
access program information to determine whether individuals
who have been retired or otherwise separated from employment
with the intelligence community for a period of not more than
5 years and who was eligible to access classified information
on the day before the individual retired or otherwise
separated, could, as a matter of policy, be granted
eligibility by the Director to access classified information
as long as--
(1) there is no indication the individual no longer
satisfies the standards established for access to classified
information;
(2) the individual certifies in writing to an appropriate
security professional that there has been no change in the
relevant information provided for the last background
investigation of the individual; and
(3) an appropriate record check reveals no unfavorable
information.
(b) Feasibility and Advisability Assessment.--
(1) In general.--The Director shall conduct an assessment
of the feasibility and advisability of subjecting inactive
security clearances to continuous vetting and due diligence.
(2) Findings.--Not later than 120 days after the date of
the enactment of this Act, the Director shall provide to the
congressional intelligence committees the findings from the
assessment conducted pursuant to paragraph (1).
SEC. 705. PROTECTION OF CLASSIFIED INFORMATION RELATING TO
BUDGET FUNCTIONS.
(a) Requirement.--
(1) In general.--Chapter 11 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1127. Protection of classified information relating to
budget functions
``(a) Protection of Classified Information.--
Notwithstanding any other provision of law, not later than
September 30, 2028, each covered official shall ensure that
the department or agency of the official uses secure systems
that meet the requirements to protect classified information,
including with respect to the location at which the system is
located or accessed, to carry out any of the following
activities of the department or agency:
``(1) Formulating, developing, and submitting the budget of
the department or agency (including the budget justification
materials submitted to Congress) under the National
Intelligence Program.
``(2) Apportioning, allotting, issuing warrants for the
disbursement of, and obligating and expending funds under the
National Intelligence Program.
``(3) Carrying out Federal financial management service
functions or related activities of the intelligence
community.
``(b) Waiver.--The Director of National Intelligence, in
consultation with the Secretary of Defense, the Secretary of
the Treasury, and the Director of the Office of Management
and Budget, may issue a waiver to a head of an element of the
intelligence community with respect to a requirement under
subsection (a) if the Director of National Intelligence
certifies to the congressional intelligence committees that--
``(1) one or more of the Federal financial management
service functions or related activities of the element under
the National Intelligence Program--
``(A) are appropriately carried out using a system that
does not meet the requirements to protect classified
information; and
``(B) such use does not represent a significant
counterintelligence risk; or
``(2) complying with a specified requirement under
subsection (a) would result in an increased
counterintelligence threat to a classified program or
activity.
``(c) Display of Information in Public Reports.--
Notwithstanding any other provision of law, in making public
a report or other information relating to expenditures by an
element of the intelligence community, a covered official may
modify or omit
[[Page S5040]]
information relating to such expenditures in a manner
necessary to ensure the protection of classified information.
``(d) Definitions.--In this section:
``(1) Covered official.--The term `covered official' means
the following:
``(A) The Secretary of the Treasury.
``(B) The Director of the Office of Management and Budget.
``(C) Each head of an element of the intelligence
community.
``(D) Any other head of a department or agency of the
Federal Government carrying out a function specified in
paragraph (1), (2), or (3) of subsection (a).
``(2) Federal financial management service functions.--In
this section, the term `Federal financial management service
functions' means standard functions, as determined by the
Secretary of the Treasury, that departments and agencies of
the Federal Government perform relating to Federal financial
management, including budget execution, financial asset
information management, payable management, revenue
management, reimbursable management, receivable management,
delinquent debt management, cost management, general ledger
management, financial reconciliation, and financial and
performance reporting.
``(3) Intelligence community terms.--The terms
`congressional intelligence committees', `intelligence
community', and `National Intelligence Program' have the
meaning given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of title 31, United States Code, is
amended by inserting after the item relating to section 1126
the following new item:
``1127. Protection of classified information relating to budget
functions.''.
(b) Funding Needed To Implement Specified Requirements.--
(1) Reimbursement.--Notwithstanding any other provision of
law, of the amounts authorized to be appropriated or
otherwise made available to the Director of National
Intelligence under the Intelligence Community Management
Account that are available until September 30, 2028, the
Director may reimburse a covered official for amounts that
the official incurred to implement section 1127(a) of title
31, United States Code, as added by subsection (a).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
the Secretary of the Treasury, and the heads of the elements
of the intelligence community shall jointly submit to the
congressional intelligence committees a detailed cost
estimate associated with the implementation of the
requirements under section 1127(a) of title 31, United States
Code, as added by subsection (a).
(3) Covered official defined.--In this subsection, the term
``covered official'' has the meaning given that term in
section 1127(d) of title 31, United States Code, as added by
subsection (a).
(c) Federal Funding Accountability and Transparency Act of
2006.--Section 7 of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101
note) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(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) information that the Director of National
Intelligence, in consultation with the Director of the Office
of Management and Budget, determines would result in the
exposure of classified programs or activities, including such
information that could, when combined with other publicly
available information, reveal classified programs or
activities.''.
SEC. 706. REPORT ON EXECUTIVE BRANCH APPROVAL OF ACCESS TO
CLASSIFIED INTELLIGENCE INFORMATION OUTSIDE OF
ESTABLISHED REVIEW PROCESSES.
(a) Reports Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter, the
Director of National Intelligence shall submit to the
congressional intelligence committees a report on approvals
of interim security clearances or other access to classified
intelligence information that does not satisfy the
investigative and adjudicative standards established under
Executive Order 12968 (50 U.S.C. 3161 note; relating to
access to classified information) for covered individuals
issued during the preceding calendar year. The first report
under this paragraph shall include information for each of
the calendar years 2017 through the calendar year in which
this Act is enacted.
(2) Contents.--Each report required by paragraph (1) shall
include--
(A) the number of such approvals, disaggregated by
sponsoring agency, duration of access, and level of security
clearance or access, including access to special access
programs or controlled access programs;
(B) the investigative and adjudicative process conducted,
if any, for each such level of security clearance or access;
(C) a categorization of the justifications supporting such
approvals, and the number of approvals in each category; and
(D) the disposition of such approvals, disaggregated by the
number of instances in which access was terminated,
continued, or resulted in completion of a process satisfying
investigative and adjudicative standards required by
Executive Order 12986.
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who--
(1) is an employee or contractor of the intelligence
community; or
(2) has been granted access to the facilities or
information of the intelligence community.
TITLE VIII--WHISTLEBLOWERS
SEC. 801. CLARIFICATION OF DEFINITION OF EMPLOYEE FOR
PURPOSES OF REPORTING COMPLAINTS OR INFORMATION
TO INSPECTOR GENERAL.
Subparagraph (J) of section 103H(k)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended to
read as follows:
``(J) In this paragraph, the term `employee' includes a
former employee or former contractor if the complaint or
information reported under subparagraph (A) arises from or
relates to the period during which the former employee or
former contractor was an employee or contractor, as the case
may be.''.
SEC. 802. PROTECTIONS FOR WHISTLEBLOWER DISCLOSURES TO OFFICE
OF LEGISLATIVE OR CONGRESSIONAL AFFAIRS.
(a) Prohibited Personnel Practices.--Section 1104 of the
National Security Act of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (b)(1), by striking ``or a member of a
congressional intelligence committee'' and inserting ``a
member of a congressional intelligence committee, or, for the
purpose of communicating with Congress, the office of
legislative affairs or congressional affairs of the employing
agency''; and
(2) in subsection (c)(1)(A), by striking ``or a member of a
congressional intelligence committee'' and inserting ``a
member of a congressional intelligence committee, or, for the
purpose of communicating with Congress, the office of
legislative affairs or congressional affairs of the employing
or contracting agency''.
(b) Security Clearances and Access Determinations.--Section
3001(j)(1)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended--
(1) by striking ``or a supervisor in'' and inserting ``, a
supervisor in'';
(2) by striking ``or a supervisor of'' and inserting ``a
supervisor of''; and
(3) by inserting ``, or, for the purpose of communicating
with Congress, the office of legislative affairs or
congressional affairs of the employing agency,'' after ``(or
employee designated by the head of that agency for such
purpose)''.
SEC. 803. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS ACT OF REPRISAL.
(a) In General.--Section 1104(a) of the National Security
Act of 1947 (50 U.S.C. 3234(a)) is amended--
(1) in paragraph (3)--
(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) an unauthorized whistleblower identity disclosure;
or''; and
(2) by adding at the end the following:
``(5) Unauthorized whistleblower identity disclosure.--The
term `unauthorized whistleblower identity disclosure' means,
with respect to an employee or a contractor employee
described in paragraph (3), a knowing and willful disclosure
revealing the identity or other personally identifiable
information of the 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), but does not include such
a knowing and willful disclosure that meets any of the
following criteria:
``(A) Such disclosure was made with the express consent of
the employee or contractor employee.
``(B) Such disclosure was made during the course of
reporting or remedying the subject of the lawful disclosure
of the whistleblower through management, legal, or oversight
processes, including such processes relating to human
resources, equal opportunity, security, or an Inspector
General.
``(C) An Inspector General with oversight responsibility
for the relevant covered intelligence community element
determines that such disclosure--
``(i) was unavoidable under section 103H(g)(3)(A)(i) of
this Act (50 U.S.C. 3033(g)(3)(A)(i)), section 17(e)(3)(A)(i)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(e)(3)(A)(i)), section 407(b) of title 5, United States
Code, or section 420(b)(2)(B) of such title;
``(ii) was made to an official of the Department of Justice
responsible for determining whether a prosecution should be
undertaken; or
``(iii) was required by statute or an order from a court of
competent jurisdiction.''.
(b) Harmonization of Enforcement.--Subsection (f) of such
section is amended to read as follows:
``(f) 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
[[Page S5041]]
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.''.
SEC. 804. IMPROVEMENTS REGARDING URGENT CONCERNS SUBMITTED TO
INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY.
(a) Inspector General of the Intelligence Community.--
Section 103H(k)(5) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)) is amended--
(1) in subparagraph (B)--
(A) in clause (i), by striking ``Upon'' and inserting
``Subject to subparagraph (C)(ii), upon''; and
(B) in clause (ii), by striking ``who reported'' and all
that follows through ``that complaint or information.'' and
inserting ``who has submitted an initial written complaint or
information under subparagraph (A) confirms that the employee
has submitted to the Inspector General the material the
employee intends to submit to Congress under such
subparagraph.'';
(2) in subparagraph (C)--
(A) by inserting ``(i)'' after ``(C)''; and
(B) by adding at the end the following:
``(ii) Upon request of the employee, the Inspector General
shall submit the complaint or information directly to the
congressional intelligence committees and without transmittal
to the Director, within 7 calendar days of the Inspector
General making the determination under subparagraph (B), or,
if the request is submitted subsequent to that time period,
within 7 calendar days of the request.''; and
(3) in subparagraph (D)--
(A) in clause (ii)--
(i) by inserting ``(aa)'' after ``(I)'';
(ii) by striking ``(II)'' and inserting ``(bb)'';
(iii) by striking ``practices.'' and inserting ``practices;
or''; and
(iv) by adding at the end the following:
``(II)(aa) informs the Inspector General that the employee
wishes to contact the congressional intelligence committees
without furnishing to the Director the statement and notice
described in subclause (I)(aa); and
``(bb) obtains and follows direction from the Inspector
General on how to contact the congressional intelligence
committees in accordance with appropriate security
practices.'';
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following:
``(iii) The direction provided to the employee by the
Director pursuant to clause (ii)(I)(bb) and by the Inspector
General pursuant to clause (ii)(II)(bb) shall be provided
within 7 calendar days of the employee expressing the
employee's intent to contact the congressional intelligence
committees directly.''.
(b) Inspector General of the Central Intelligence Agency.--
Section 17(d)(5) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(d)(5)) is amended--
(1) in subparagraph (B)--
(A) in clause (i), by striking ``Upon'' and inserting
``Subject to subparagraph (C)(ii), upon''; and
(B) in clause (ii), by striking ``who reported'' and all
that follows through ``that complaint or information.'' and
inserting ``who has submitted an initial written complaint or
information under subparagraph (A) confirms that the employee
has submitted to the Inspector General the material the
employee intends to submit to Congress under such
subparagraph.'';
(2) in subparagraph (C)--
(A) by inserting ``(i)'' after ``(C)''; and
(B) by adding at the end the following:
``(ii) Upon request of the employee, the Inspector General
shall submit the complaint or information directly to the
congressional intelligence committees and without transmittal
to the Director, within 7 calendar days of the Inspector
General making the determination under subparagraph (B), or,
if the request is submitted subsequent to that time period,
within 7 calendar days of the request.''; and
(3) in subparagraph (D)--
(A) in clause (ii)--
(i) by inserting ``(aa)'' after ``(I)'';
(ii) by striking ``(II)'' and inserting ``(bb)'';
(iii) by striking ``practices.'' and inserting ``practices;
or''; and
(iv) by adding at the end the following:
``(II)(aa) informs the Inspector General that the employee
wishes to contact the congressional intelligence committees
without furnishing to the Director the statement and notice
described in subclause (I)(aa); and
``(bb) obtains and follows direction from the Inspector
General on how to contact the congressional intelligence
committees in accordance with appropriate security
practices.'';
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following:
``(iii) The direction provided to the employee by the
Director pursuant to clause (ii)(I)(bb) and by the Inspector
General pursuant to clause (ii)(II)(bb) shall be provided
within 7 calendar days of the employee expressing the
employee's intent to contact the congressional intelligence
committees directly.''.
(c) Other Inspectors General of Elements of the
Intelligence Community.--Section 416 of title 5, United
States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``Upon'' and inserting
``Subject to subsection (d)(2), upon''; and
(B) in paragraph (2), by striking ``who reported'' and all
that follows through ``that complaint or information.'' and
inserting ``who has submitted an initial written complaint or
information under subsection (b) confirms that the employee
has submitted to the Inspector General the material the
employee intends to submit to Congress under such
subparagraph.'';
(2) in subsection (d)--
(A) by striking ``Upon'' and inserting the following:
``(1) Head of establishment.--Upon''; and
(B) by adding at the end the following:
``(2) Inspector general.--Upon request of the employee, the
Inspector General shall submit the complaint or information
directly to the congressional intelligence committees and
without transmittal to the head of the establishment, within
7 calendar days of the Inspector General making the
determination under subsection (b), or, if the request is
submitted subsequent to that time period, within 7 calendar
days of the request.''; and
(3) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``(i)'' after
``(A)'';
(ii) by striking ``(B)'' and inserting ``(ii)'';
(iii) by striking ``practices.'' and inserting ``practices;
or''; and
(iv) by adding at the end the following:
``(B)(i) informs the Inspector General that the employee
wishes to contact the congressional intelligence committees
without furnishing to the head of the establishment the
statement and notice described in subparagraph (A)(i); and
``(ii) obtains and follows direction from the Inspector
General on how to contact the congressional intelligence
committees in accordance with appropriate security
practices.'';
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting after paragraph (2) the following:
``(3) Direction.--The direction provided to the employee by
the head of the establishment pursuant to paragraph
(2)(A)(ii) and by the Inspector General pursuant to paragraph
(2)(B)(ii) shall be provided within 7 calendar days of the
employee expressing the employee's intent to contact the
congressional intelligence committees directly.''; and
(D) by adding at the end the following:
``(5) Rule of construction.--Nothing in this subsection may
be construed to revoke or diminish any right of an individual
provided by section 2303 or 7211 of this title to make a
protected disclosure to any congressional committee.''.
SEC. 805. WHISTLEBLOWER PROTECTIONS RELATING TO PSYCHIATRIC
TESTING OR EXAMINATION.
(a) In General.--Section 1104(a)(3) of the National
Security Act of 1947 (50 U.S.C. 3234(a)(3)), as amended by
section 803(a)(1), is further amended--
(1) in subparagraph (J), by striking ``; or'' and inserting
a semicolon;
(2) by redesignating subparagraph (K) as subparagraph (L);
and
(3) by inserting after subparagraph (J) the following:
``(K) a decision to order psychiatric testing or
examination; or''.
(b) Application.--The amendments made by this section shall
apply with respect to matters arising under section 1104 of
the National Security Act of 1947 (50 U.S.C. 3234) on or
after the date of the enactment of this Act.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
SEC. 901. STANDARD GUIDELINES FOR INTELLIGENCE COMMUNITY TO
REPORT AND DOCUMENT ANOMALOUS HEALTH INCIDENTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with such heads of
elements of the intelligence community as the Director
considers appropriate, develop and issue standard guidelines
for personnel of the intelligence community to report and
properly document anomalous health incidents.
(b) Conformity With Department of Defense Guidelines.--In
developing the standard guidelines required by subsection
(a), the Director shall ensure that such standard guidelines
are as similar as practicable to guidelines issued by the
Secretary of Defense for personnel of the Department of
Defense to report and properly document anomalous health
incidents.
(c) Submission.--Not later than 10 days after the date on
which the Director issues the standard guidelines required by
subsection (a), the Director shall provide the congressional
intelligence committees with the standard guidelines,
including a statement describing the implementation of such
standard guidelines, how the standard guidelines differ from
those issued by the Secretary, and the justifications for
such differences.
SEC. 902. REVIEW AND DECLASSIFICATION OF INTELLIGENCE
RELATING TO ANOMALOUS HEALTH INCIDENTS.
(a) Review.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall initiate a review of holdings of the
intelligence community regarding anomalous health incidents.
[[Page S5042]]
(2) Elements.--The review initiated pursuant to paragraph
(1) shall cover the following:
(A) Reports of anomalous health incidents affecting
personnel of the United States Government and dependents of
such personnel.
(B) Reports of other incidents affecting personnel of the
United States Government that have known causes that result
in symptoms similar to those observed in anomalous health
incidents.
(C) Information regarding efforts by foreign governments to
covertly develop or deploy weapons and technology that could
cause any or all symptoms observed in reported anomalous
health incidents.
(D) Assessment of the success of the intelligence community
in detecting clandestine weapons programs of foreign
governments.
(b) Declassification.--Not later than 180 days after the
date of the enactment of this Act, the Director shall perform
a declassification review of all intelligence relating to
anomalous health incidents reviewed pursuant to subsection
(a).
(c) Publication.--
(1) In general.--The Director shall provide for public
release of a declassified report that contains all
information declassified pursuant to the declassification
review required by subsection (b) on the website of the
Office of the Director of National Intelligence.
(2) Form of report.--The report required by paragraph (1)
may include only such redactions as the Director determines
necessary to protect sources and methods and information of
United States persons.
TITLE X--OTHER MATTERS
SEC. 1001. DECLASSIFICATION OF INTELLIGENCE AND ADDITIONAL
TRANSPARENCY MEASURES RELATING TO THE COVID-19
PANDEMIC.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall, in
coordination with the heads of such Federal agencies as the
Director considers appropriate--
(1) perform a declassification review of intelligence
relating to research conducted at the Wuhan Institute of
Virology or any other medical or scientific research center
within the People's Republic of China, on coronaviruses,
including--
(A) information relating to Gain of Function research and
the intention of this research;
(B) information relating to sources of funding or direction
for research on coronaviruses, including both sources within
the People's Republic of China and foreign sources; and
(C) the names of researchers who conducted research into
coronaviruses, as well as their current locations of
employment;
(2) perform a declassification review of intelligence
relating to efforts by government officials of entities of
the People's Republic of China--
(A) to disrupt or obstruct information sharing or
investigations into the origins of the coronavirus disease
2019 (COVID-19) pandemic;
(B) to disrupt the sharing of medically significant
information relating to the transmissibility and potential
harm of SARS-CoV-2 to humans, including--
(i) efforts to limit the sharing of information with the
United States Government;
(ii) efforts to limit the sharing of information with the
governments of allies and partners of the United States; and
(iii) efforts to limit the sharing of information with the
United Nations and World Health Organization;
(C) to obstruct or otherwise limit the sharing of
information between national, provincial, and city
governments within the People's Republic of China and between
subnational entities within the People's Republic of China
and external researchers;
(D) to deny the sharing of information with the United
States, allies and partners of the United States, or
multilateral organizations, including the United Nations and
the World Health Organization;
(E) to pressure or lobby foreign governments, journalists,
medical researchers, officials of the United States
Government, or officials of multilateral organizations
(including the United Nations and the World Health
Organization) with respect to the source, scientific origins,
transmissibility, or other attributes of the SARS-CoV-2 virus
or the COVID-19 pandemic;
(F) to disrupt government or private-sector efforts to
conduct research and development of medical interventions or
countermeasures for the COVID-19 pandemic, including
vaccines; and
(G) to promote alternative narratives regarding the origins
of COVID-19 as well as the domestic Chinese and international
response to the COVID-19 pandemic;
(3) provide for public release a declassified report that
contains all appropriate information described under
paragraphs (1) and (2) and which includes only such
redactions as the Director determines necessary to protect
sources and methods and information of United States persons;
and
(4) submit to the congressional intelligence committees an
unredacted version of the declassified report required under
paragraph (3).
SEC. 1002. COUNTERINTELLIGENCE BRIEFINGS FOR MEMBERS OF THE
ARMED FORCES.
(a) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
has the meaning given such term in section 989(h) of title
10, United States Code.
(2) Governments or companies of concern.--The term
``governments or companies of concern'' means a government
described in subparagraph (A) of section 989(h)(2) of title
10, United States Code, or a company, entity, or other person
described in subparagraph (B) of such section.
(b) In General.--The Under Secretary of Defense for
Intelligence and Security shall, in coordination with the
Secretary of Defense, conduct counterintelligence briefings
for members of the Armed Forces as part of the process
required by section 989(c) of title 10, United States Code.
(c) Elements.--Each briefing provided under subsection (b)
shall provide members of the Armed Forces--
(1) with awareness of methods commonly used by governments
and companies of concern to solicit and learn from covered
individuals sensitive military techniques, tactics, and
procedures of the Armed Forces;
(2) recommended practices for covered individuals to avoid
a covered activity that could subject the members to civil or
criminal penalties;
(3) the contact information for the counterintelligence
authorities to whom covered individuals should report
attempted recruitment or a related suspicious contact; and
(4) an overview of the prohibition and penalties under
subsections (a) and (c) of section 989 of title 10, United
States Code.
(d) Provision of Briefings at Certain Trainings.--The Under
Secretary may provide the briefings required by subsection
(b) during the trainings required by Department of Defense
Directive 5240.06 (relating to counterintelligence awareness
and reporting), or successor document.
SEC. 1003. DENIAL OF VISAS TO FOREIGN NATIONALS KNOWN TO BE
INTELLIGENCE OFFICERS FOR ACCREDITATION TO
MULTILATERAL DIPLOMATIC MISSIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
(2) Covered nation.--The term ``covered nation'' means--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea; and
(E) the Republic of Cuba.
(3) National.--The term ``national'' has the meaning given
that term in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)).
(b) Denial of Visas.--Notwithstanding the Joint Resolution
of August 4, 1947 (61 Stat. 756, chapter 482; 22 U.S.C. 287
note), the Secretary of State shall deny a visa to a national
of a covered nation to be accredited to a United Nations
mission or other multilateral international organization in
the United States, if the Secretary, in consultation with the
Director of the Federal Bureau of Investigation and the
Director of National Intelligence, determines that the
national--
(1) has committed known or suspected intelligence
activities or espionage activities, including activities
constituting precursors to espionage, carried out by the
national against the United States or foreign countries that
are allies or partners of the United States; or
(2) is a known or suspected intelligence officer.
SEC. 1004. POLICY TOWARD CERTAIN AGENTS OF FOREIGN
GOVERNMENTS.
Section 601 of the Intelligence Authorization Act for
Fiscal Year 1985 (Public Law 98-618; 98 Stat. 3303) is
amended--
(1) in subsection (a), by striking ``It is the sense of the
Congress'' and inserting ``It is the policy of the United
States'';
(2) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (a) the following new
subsections:
``(b) The Secretary of State, in negotiating agreements
with foreign governments regarding reciprocal privileges and
immunities of United States diplomatic personnel, shall
consult with the Director of the Federal Bureau of
Investigation and the Director of National Intelligence in
achieving the statement of policy in subsection (a).
``(c) Not later than 90 days after the date of the
enactment of this subsection, and annually thereafter for 5
years, the Secretary of State, the Director of the Federal
Bureau of Investigation, and the Director of National
Intelligence shall submit to the Select Committee on
Intelligence, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate and the Permanent
Select Committee on Intelligence, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives a report on each foreign government that--
``(1) engages in intelligence activities within the United
States harmful to the national security of the Untied States;
and
``(2) possesses numbers, status, privileges and immunities,
travel accommodations, and
[[Page S5043]]
facilities within the United States that exceed the
respective numbers, status, privileges and immunities, travel
accommodations, and facilities within such country of
official representatives of the United States to such
country.''.
SEC. 1005. TOUR LIMITS OF ACCREDITED DIPLOMATIC AND CONSULAR
PERSONNEL OF CERTAIN NATIONS IN THE UNITED
STATES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
(2) Covered nation.--The term ``covered nation'' means--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea; and
(E) the Republic of Cuba.
(b) In General.--Accredited diplomatic and consular
personnel of covered nations in the United States may not--
(1) receive diplomatic privileges and immunities for more
than 3 consecutive years;
(2) receive diplomatic privileges and immunities for a
second 3-year period until after living outside of the United
States for not less than 2 years; or
(3) receive diplomatic privileges and immunities for more
than 6 total years.
SEC. 1006. STRICT ENFORCEMENT OF TRAVEL PROTOCOLS AND
PROCEDURES OF ACCREDITED DIPLOMATIC AND
CONSULAR PERSONNEL OF CERTAIN NATIONS IN THE
UNITED STATES.
Section 502 of the Intelligence Authorization Act for
Fiscal Year 2017 (division N of Public Law 115-31; 22 U.S.C.
254a note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
``(2) Covered nations.--The term `covered nations' means--
``(A) the People's Republic of China;
``(B) the Russian Federation;
``(C) the Islamic Republic of Iran;
``(D) the Democratic People's Republic of Korea; and
``(E) the Republic of Cuba.'';
(2) in subsection (b)--
(A) by striking ``consular personnel of the Russian
Federation'' and inserting ``consular personnel of covered
nations''; and
(B) by striking ``Russian consular personnel'' and
inserting ``covered nation personnel'';
(3) in subsection (c)(1), by striking ``consular personnel
of the Russian Federation'' and inserting ``consular
personnel of covered nations'';
(4) by redesignating subsection (d) as subsection (e);
(5) by inserting after subsection (c) the following new
subsection:
``(d) Elements of Advance Approval Requirements.--In
establishing the advance approval requirements described in
subsection (c), the Secretary of State shall--
``(1) ensure that covered nations request approval from the
Secretary of State at least 2 business days in advance of all
travel that is subject to such requirements by accredited
diplomatic and consular personnel of covered nations in the
United States;
``(2) immediately provide such requests to the Director of
National Intelligence and the Director of the Federal Bureau
of Investigation;
``(3) not later than 10 days after approving such a
request, certify to the appropriate congressional committees
that--
``(A) personnel traveling on the request are not known or
suspected intelligence officers; and
``(B) the requested travel will not be used for known or
suspected intelligence purposes; and
``(4) establish penalties for noncompliance with such
requirements by accredited diplomatic and consular personnel
of covered nations in the United States, including loss of
diplomatic privileges and immunities.''; and
(6) in subsection (e), as redesignated by paragraph (4)--
(A) by inserting ``for 5 years after the date of the
enactment of subsection (d)'' after ``quarterly thereafter'';
(B) in paragraph (1), by striking ``the number of
notifications submitted under the regime required by
subsection (b)'' and inserting ``the number of requests
submitted under the regime required by subsection (b) and the
number of such requests approved by the Secretary''; and
(C) in paragraph (2), by striking ``consular personnel of
the Russian Federation'' and inserting ``consular personnel
of covered nations''.
SEC. 1007. OFFENSES INVOLVING ESPIONAGE, PROCUREMENT OF
CITIZENSHIP OR NATURALIZATION UNLAWFULLY, OR
HARBORING OR CONCEALING PERSONS.
(a) In General.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3302. Espionage offenses
``Notwithstanding any other provision of law, an indictment
may be found or an information may be instituted at any time
without limitation for--
``(1) a violation of section 951 or a conspiracy to violate
such section;
``(2) a violation of section 794 or a conspiracy to violate
such section; or
``(3) a violation of section 1425, if the offense was
committed to facilitate a violation of section 951.''.
(b) Clerical Amendment.--The table of sections for chapter
213 of title 18, United States Code, is amended by adding at
the end the following:
``3302. Espionage offenses.''.
(c) Conforming Amendment.--Section 19 of the Internal
Security Act of 1950 (18 U.S.C. 792 note; 64 Stat. 1005) is
amended by striking ``, 793, or 794'' and inserting ``or
793''.
SEC. 1008. NEPA NATIONAL SECURITY WAIVERS FOR INTELLIGENCE
COMMUNITY FACILITIES.
(a) In General.--Section 106 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336) is amended by adding at
the end the following:
``(c) National Security Waivers.--
``(1) Definitions.--In this subsection:
``(A) 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).
``(B) Covered intelligence community elements.--The term
`covered intelligence community elements' means the elements
described in subparagraphs (A) through (K) of section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(2) Process.--The President may waive the requirement of
a covered intelligence community element to prepare an
environmental document with respect to a proposed agency
action if--
``(A) the President determines that a waiver of such
requirement is necessary to protect the United States from a
direct national security threat, as identified by the
intelligence community; and
``(B) the proposed agency action is intended to advance the
collection of foreign intelligence or support a covert action
of which Congress was previously notified pursuant to section
503 of the National Security Act of 1947 (50 U.S.C. 3093).
``(3) Notification.--Before issuing a waiver under
paragraph (2), the President shall submit to the
congressional intelligence committees a notification that
includes--
``(A) the covered intelligence community element for which
the waiver is to be issued;
``(B) the proposed agency action for which the waiver is to
be applied;
``(C) the purpose of the proposed agency action; and
``(D) a justification of how preparation of an
environmental document for the proposed agency action would
unduly affect the national security of the United States.''.
(b) Conforming Amendments.--Section 106(a) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336(a)) is
amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) the President issues a waiver with respect to the
proposed agency action under subsection (c).''.
SEC. 1009. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Briefings on Analytic Integrity Reviews.--
(1) In general.--Section 1019 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3364) is
amended by striking subsections (c) and (d).
(2) Conforming amendment.--Section 6312(d)(1) of the
Intelligence Authorization Act for Fiscal Year 2023 (50
U.S.C. 3364 note) is amended by striking ``In conjunction
with each briefing provided under section 1019(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3364(c))'' and inserting ``Not later than February 1
each year''.
(b) Personnel-level Assessments for the Intelligence
Community.--
(1) In general.--Section 506B of the National Security Act
of 1947 (50 U.S.C. 3098) is repealed.
(2) Clerical amendment.--The table of contents of such Act
is amended by striking the item relating to section 506B.
(c) Reports on Foreign Efforts To Illicitly Acquire
Satellites and Related Items.--Section 1261 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239) is amended by striking subsection (e).
(d) Reports by Director of National Intelligence on
National Intelligence University Plan.--
(1) In general.--Section 1033 of the National Security Act
of 1947 (50 U.S.C. 3227b) is repealed.
(2) Clerical amendment.--The table of contents of such Act
is amended by striking the item relating to section 1033.
(e) Monitoring Mineral Investments Under Belt and Road
Initiative.--
[[Page S5044]]
(1) In general.--Section 7003 of the Energy Act of 2020 (50
U.S.C. 3372) is repealed.
(2) Clerical amendment.--The table of contents of such Act
is amended by striking the item relating to section 7003.
(f) Notice of Deployment or Transfer of Containerized
Missile System by Russia or Certain Other Countries.--
(1) In general.--Section 501 of the Intelligence
Authorization Act for Fiscal Year 2016 (division M of Public
Law 114-113) is repealed.
(2) Clerical amendment.--The table of contents of such Act
is amended by striking the item relating to section 501.
(g) Reports and Briefings on Program on Use of Intelligence
Resources in Efforts to Sanction Foreign Opioid
Traffickers.--Section 7231 of the Fentanyl Sanctions Act (21
U.S.C. 2331) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(h) Briefings on Programs for Next-generation
Microelectronics in Support of Artificial Intelligence.--
Section 7507 of the Intelligence Authorization Act for Fiscal
Year 2024 (50 U.S.C. 3334s) is amended by striking subsection
(e).
(i) Reports on Commerce With, and Assistance to, Cuba From
Other Foreign Countries.--
(1) In general.--Section 108 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6038)
is repealed.
(2) Clerical amendment.--The table of contents of such Act
is amended by striking the item relating to section 108.
(j) Briefings on Iranian Expenditures Supporting Foreign
Military and Terrorist Activities.--Section 6705 of the Damon
Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (22
U.S.C. 9412) is amended--
(1) in the section heading, by striking ``and annual
briefing''; and
(2) by striking subsection (b).
(k) Reports on Best Practices To Protect Privacy, Civil
Liberties, and Civil Rights of Chinese Americans.--
(1) In general.--Section 1110 of the National Security Act
of 1947 (50 U.S.C. 3240) is repealed.
(2) Clerical amendment.--The table of contents of such Act
is amended by striking the item relating to section 1110.
SEC. 1010. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE
UNITED STATES OF TRANSACTIONS IN REAL ESTATE
NEAR INTELLIGENCE COMMUNITY FACILITIES.
(a) In General.--Section 721(a)(4) of the Defense
Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended--
(1) in subparagraph (B)(ii)(II)(bb)(AA), by inserting ``,
facility owned or operated by an element of the intelligence
community,'' after ``military installation''; and
(2) in subparagraph (C)(ii), by inserting ``, facility
owned or operated by an element of the intelligence
community,'' after ``military installation''.
(b) Applicability.--The amendments made by subsection (a)
apply with respect to transactions proposed or pending on or
after the date of the enactment of this Act.
SEC. 1011. 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 the Commission
based on accredited laboratories under this section.
``(2) Accreditation.--The Commission shall develop a
program for the acceptance of the results of penetration
testing on election systems. The penetration testing required
by this subsection shall be required for Commission
certification. The Commission shall vote on the selection of
any entity identified. The requirements for such selection
shall be based on consideration of an entity's competence to
conduct penetration testing under this subsection. The
Commission may consult with the National Institute of
Standards and Technology or any other appropriate Federal
agency on lab selection criteria and other aspects of this
program.''.
SEC. 1012. INDEPENDENT SECURITY TESTING AND COORDINATED
CYBERSECURITY VULNERABILITY DISCLOSURE PROGRAM
FOR ELECTION SYSTEMS.
(a) 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') 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; and
``(iv) require an election system vendor, within 180 days
after validating 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, subject to any subsequent
review of such determination by the Commission; and
``(E) not later than 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.
``(B) Safe harbor.--When conducting research under this
program, such research and subsequent publication shall 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; and
``(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) 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
[[Page S5045]]
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).''.
(b) 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 Pilot Program for Election Systems
``Sec. 297. Independent security testing and coordinated cybersecurity
vulnerability disclosure pilot program for election
systems.''.
SEC. 1013. CHURCH COMMITTEE HISTORICAL INTELLIGENCE RECORDS
PROCESSING.
(a) Findings.--Congress finds the following:
(1) The Senate Select Committee to Study Governmental
Operations with Respect to Intelligence Activities (in this
section referred to as the ``Church Committee'') investigated
and identified intelligence abuses by certain intelligence
community agencies.
(2) In accordance with Senate Resolution 474, 96th
Congress, agreed to December 1, 1980, certain Church
Committee records are to be made available for public use
when such files and records have been in existence for 50
years.
(3) Prior to such public release, the records must undergo
archival processing and declassification.
(4) Executive Order 14176 (90 Fed. Reg. 8641) directed the
declassification and release of records concerning the
assassinations of President John F. Kennedy, Senator Robert
F. Kennedy, and the Reverend Dr. Martin Luther King, Jr.
Release of the Church Committee records is similarly
consistent with the public interest.
(b) Records Processing and Declassification.--The Director
of the Central Intelligence Agency shall, in coordination
with the heads of such other Federal agencies as the Director
deems appropriate and the heads of other entities that have
physical access to such records, take steps to prepare for
and expedite the required declassification in 2026 of the
Church Committee archival files that meet the requirements of
Senate Resolution 474, 96th Congress, agreed to December 1,
1980.
SEC. 1014. FOREIGN MATERIAL ACQUISITIONS.
(a) In General.--The Secretary of Energy may, acting
through the Director of the Office of Intelligence and
Counterintelligence, enter into contracts or other
arrangements for goods and services, through the National
Laboratories, plants, or sites of the Department of Energy,
for the purpose of foreign material acquisition in support of
existing national security requirements.
(b) Annual Report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter until the
date that is 4 years after the date of the enactment of this
Act, the Director of the Office of Intelligence and
Counterintelligence shall submit to the congressional
intelligence committees a report on the use by the Office of
Intelligence and Counterintelligence of the authority
provided by subsection (a).
SEC. 1015. PROHIBITION ON ADMITTANCE TO NATIONAL LABORATORIES
AND NUCLEAR WEAPONS PRODUCTION FACILITIES.
Section 4502 of the Atomic Energy Defense Act (50 U.S.C.
2652) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Background Review Required.--The Secretary of Energy,
the Administrator, and the Director of the Office of
Intelligence and Counterintelligence of the Department of
Energy (referred to in this section as the `Director')--
``(1) may not admit to any facility described in subsection
(c)(3) other than areas accessible to the general public any
individual who is a citizen or agent of a covered foreign
nation unless the Secretary, the Administrator, or the
Director first completes a background review with respect to
that individual; and
``(2) may not admit to any facility described in
subparagraph (B), (C), or (D) of subsection (c)(3) other than
areas accessible to the general public any individual who is
a citizen or agent of a nation on the current sensitive
countries list unless the Secretary, the Administrator, or
the Director first completes a background review with respect
to that individual.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``the Secretary'' and all
that follows through ``not,'' and inserting ``the Secretary,
the Administrator, and the Director may not,'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``or the Director'' after
``Administrator''; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``Administration (as described in this Act)'' and inserting
``Department of Energy'';
(ii) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively; and
(iii) by inserting before subparagraph (B), the following
new subparagraph:
``(A) a national laboratory;''; and
(3) in subsection (d)--
(A) in the matter preceding paragraph (1), by inserting ``,
the Director,'' after ``the Secretary''; and
(B) in paragraph (2), by striking ``Administration (as
described in this Act)'' and inserting ``Department of
Energy''.
SEC. 1016. EXTENSION OF CYBERSECURITY INFORMATION SHARING ACT
OF 2015.
Section 111(a) of the Cybersecurity Information Sharing Act
of 2015 (6 U.S.C. 1510(a)) is amended by striking ``September
30, 2025'' and inserting ``September 30, 2035''.
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