[House Report 117-546]
[From the U.S. Government Publishing Office]


117th Congress  }                                               {  Report
                         HOUSE OF REPRESENTATIVES
 2d Session     }                                               { 117-546

======================================================================



 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023

                                _______
                                

October 31, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Schiff, from the Permanent Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 8367]

    The Permanent Select Committee on Intelligence, to whom was 
referred the bill (H.R. 8367) to authorize appropriations for 
fiscal year 2023 for intelligence and intelligence-related 
activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2023''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
law.
Sec. 303. Joint Intelligence Community Council.
Sec. 304. Required policy for minimum insider threat standards.
Sec. 305. Timely submission of classified intelligence budget 
justification materials.
Sec. 306. Unfunded priorities of the intelligence community.
Sec. 307. Submission of classified annexes to executive orders and 
other documents.
Sec. 308. Improvements to program on recruitment and training.
Sec. 309. Measures to mitigate counterintelligence threats from 
proliferation and use of foreign commercial spyware.
Sec. 310. Expansion of treatment of moving expenses.
Sec. 311. Personnel vetting performance measures.
Sec. 312. Proactive cybersecurity.
Sec. 313. Limitation on availability of funds for Intelligence 
Community Management Account pending submission of report on domestic 
activities of intelligence community.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Modifications to responsibilities and authorities of Director 
of National Intelligence.
Sec. 402. Annual submission to Congress of National Intelligence 
Priorities Framework.
Sec. 403. Disposition of records of Office of the Director of National 
Intelligence.

                Subtitle B--Central Intelligence Agency

Sec. 411. Authority of Central Intelligence Agency to provide 
protection for certain personnel.
Sec. 412. Notification of use of certain expenditure authorities.
Sec. 413. Clarification of authorities relating to security personnel 
at Office of Director of National Intelligence facilities and 
installations.
Sec. 414. Office of Workforce Support of Central Intelligence Agency.
Sec. 415. Establishment of External Advisory Board for Talent for the 
Central Intelligence Agency.
Sec. 416. Study on relationship between Central Intelligence Agency and 
Congress.
Sec. 417. Historical Advisory Panel of Central Intelligence Agency.

      Subtitle C--Elements of the Defense Intelligence Enterprise

Sec. 421. Deputy Director for Defense Intelligence responsible for 
warfighter support.
Sec. 422. Cover enhancement authorities.
Sec. 423. Authority of Army counterintelligence agents to execute 
warrants and make arrests.
Sec. 424. Inclusion of Space Force as element of intelligence 
community.
Sec. 425. Military intelligence collection and analysis partnerships.
Sec. 426. Intelligence assessment of effects of counterterrorism 
strikes.
Sec. 427. Submission of certain legislative proposals.
Sec. 428. Oversight of Defense Intelligence Agency culture.
Sec. 429. Cyber intelligence surveillance reconnaissance information.
Sec. 430. Information on cover activities of Department of Defense.

                       Subtitle D--Other Elements

Sec. 441. Authorization relating to certain intelligence and 
counterintelligence activities of Coast Guard.
Sec. 442. Study on personnel under Strategic Intelligence Partnership 
Program.
Sec. 443. Assessment of handling of certain information relating to 
deliberations of Bureau of Industry and Security.

           TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

                      Subtitle A--General Matters

Sec. 501. Definitions.
Sec. 502. Officials responsible for artificial intelligence policies of 
the intelligence community.

            Subtitle B--Improvements Relating to Procurement

Sec. 511. Additional transaction authority.
Sec. 512. Offices of Commercial Integration.
Sec. 513. Pilot program for designation of certain SBIR and STTR 
projects as Entrepreneurial Innovation Projects.
Sec. 514. Reduction of barriers relating to contracts for artificial 
intelligence and other emerging technologies.
Sec. 515. Compliance by the intelligence community with requirements of 
the Federal Acquisition Regulation relating to commercially available 
off-the-shelf items and commercial services.
Sec. 516. Policy on required user adoption metrics in certain contracts 
for artificial intelligence software products.
Sec. 517. Assessments relating to information technology and software 
systems.

                          Subtitle C--Reports

Sec. 521. Reports on integration of artificial intelligence within 
intelligence community.
Sec. 522. Report on potential benefits of establishment of ICWERX.
Sec. 523. Requirements and report on workforce needs of intelligence 
community relating to science, technology, engineering, and 
mathematics, and related areas.

                       Subtitle D--Other Matters

Sec. 531. Improvements to use of commercial software products.
Sec. 532. Improvements to employees and managers relating to emerging 
technologies, software development, acquisition, and sustainment.

            TITLE VI--MATTERS RELATING TO FOREIGN COUNTRIES

  Subtitle A--Miscellaneous Authorities, Requirements, and Limitations

Sec. 601. Notice of deployment or transfer of containerized missile 
systems by Russia, China, or Iran.
Sec. 602. Intelligence community coordinator for Russian atrocities 
accountability.
Sec. 603. Lead intelligence community coordinator for countering and 
neutralizing proliferation of Iran-origin unmanned aircraft systems.
Sec. 604. Collaboration between intelligence community and Department 
of Commerce to counter foreign commercial threats.
Sec. 605. Intelligence assessment on foreign weaponization of 
advertisement technology data.
Sec. 606. Intelligence community assessment regarding Russian gray zone 
assets.
Sec. 607. Intelligence assessment on effects of sanctions on Russia.

                 Subtitle B--Reports and Other Matters

Sec. 611. Report on assessing will to fight.
Sec. 612. Report on impact of Russia invasion of Ukraine on global food 
security.
Sec. 613. Report on threat from hypersonic weapons.
Sec. 614. Report on ordnance of Russia and China.
Sec. 615. Report on activities of China and Russia targeting Latin 
America and the Caribbean.
Sec. 616. Report on support provided by China to Russia.
Sec. 617. Report on global CCP investment in port infrastructure.
Sec. 618. Sense of Congress on provision of support by intelligence 
community for atrocity prevention and accountability.

                  TITLE VII--REPORTS AND OTHER MATTERS

Sec. 701. Repeal of certain report requirements.
Sec. 702. Increased intelligence-related engineering, research, and 
development capabilities of minority institutions.
Sec. 703. Annual report on response to Government Accountability Office 
recommendations to intelligence community.
Sec. 704. Annual report on efforts of the Federal Bureau of 
Investigation to identify and promote diverse candidates.
Sec. 705. Reports on personnel vetting processes and progress under 
Trusted Workforce 2.0 initiative.
Sec. 706. Reports relating to programs of record of National 
Geospatial-Intelligence Agency.
Sec. 707. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 708. Report on use of publicly available social media information 
in personnel vetting determinations.
Sec. 709. Report on strengthening workforce diversity planning and 
oversight.
Sec. 710. Report on improving opportunities for women and minorities 
for promotions in the intelligence community.
Sec. 711. Report on transition of National Reconnaissance Office to 
digital engineering environment.
Sec. 712. Report on Department of Homeland Security intelligence 
enterprise.
Sec. 713. Report on declassification efforts of Central Intelligence 
Agency.
Sec. 714. Report on National Space Intelligence Center.
Sec. 715. Report on implementation of Executive Order 13556, regarding 
controlled unclassified information.
Sec. 716. Comptroller General of the United States compilation of 
unidentified aerospace-undersea phenomena records.
Sec. 717. National Museum of Intelligence and Special Operations.
Sec. 718. Technical corrections.

SEC. 2. DEFINITIONS.

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

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are hereby authorized to be appropriated for fiscal year 2023 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
          (1) The Office of the Director of National Intelligence.
          (2) The Central Intelligence Agency.
          (3) The Department of Defense.
          (4) The Defense Intelligence Agency.
          (5) The National Security Agency.
          (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
          (7) The Coast Guard.
          (8) The Department of State.
          (9) The Department of the Treasury.
          (10) The Department of Energy.
          (11) The Department of Justice.
          (12) The Federal Bureau of Investigation.
          (13) The Drug Enforcement Administration.
          (14) The National Reconnaissance Office.
          (15) The National Geospatial-Intelligence Agency.
          (16) The Department of Homeland Security.
          (17) The Space Force.

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 elements listed in paragraphs (1) through (17) of 
section 101, are those specified in the classified Schedule of 
Authorizations prepared to accompany this Act.
  (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.
          (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                  (A) as provided in section 601(a) of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (50 
                U.S.C. 3306(a));
                  (B) to the extent necessary to implement the budget; 
                or
                  (C) as otherwise required by law.

SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2023 the sum of 
$665,800,000.
  (b) Classified Authorization of Appropriations.--In addition to 
amounts authorized to be appropriated for the Intelligence Community 
Management Account by subsection (a), there are authorized to be 
appropriated for the Intelligence Community Management Account for 
fiscal year 2023 such additional amounts as are specified in the 
classified Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund $514,000,000 for fiscal year 
2023.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

  The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                    LAW.

  Appropriations authorized by this Act 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. 303. JOINT INTELLIGENCE COMMUNITY COUNCIL.

  (a) Membership.--Subsection (b) of section 101A of the National 
Security Act of 1947 (50 U.S.C. 3022) is amended--
          (1) by redesignating paragraph (8) as paragraph (9); and
          (2) by inserting after paragraph (7) the following new 
        paragraph:
          ``(8) The Director of the Central Intelligence Agency.''.
  (b) Functions.--Subsection (c) of such section is amended--
          (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
          (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(3) ensuring that the intelligence community has efficient 
        and effective mechanisms to receive and prioritize the 
        intelligence needs of the departments and agencies of the 
        United States Government that are not part of the intelligence 
        community or the Department of Defense.''.
  (c) Meetings.--Subsection (d) of such section is amended by striking 
``as the Director considers appropriate'' and inserting ``on an annual 
basis, or more frequently as the Director determines appropriate''.

SEC. 304. REQUIRED POLICY FOR MINIMUM INSIDER THREAT STANDARDS.

  (a) Requirement.--Section 102A(f) of the National Security Act of 
1947 (50 U.S.C. 3024(f)) is amended--
          (1) by redesignating paragraphs (8) and (9) as paragraphs (9) 
        and (10), respectively; and
          (2) by inserting after paragraph (7) the following new 
        paragraph:
  ``(8)(A) The Director of National Intelligence shall ensure there is 
established a policy for minimum insider threat standards that is 
consistent with the Presidential memorandum of November 21, 2012, 
titled `National Insider Threat Policy and Minimum Standards for 
Executive Branch Insider Threat Programs', or any successor thereto.
  ``(B) The head of each element of the intelligence community shall 
implement the policy under subparagraph (A) within that element, and, 
concurrent with the submission to Congress of budget justification 
materials in support of the budget of the President for a fiscal year 
that is submitted to Congress under section 1105(a) of title 31, United 
States Code, shall submit to Congress a certification as to whether the 
element is in compliance with such policy.
  ``(C) The Director shall conduct periodic audits to determine whether 
each element of the intelligence community is in compliance with the 
policy under subparagraph (A). The Director may refer any audit under 
this subparagraph to the Inspector General of the Intelligence 
Community, who shall conduct such audit on behalf of the Director.''.
  (b) Conforming Amendment.--Section 102A(x)(3) of such Act (50 U.S.C. 
3024(x)(3)) is amended by inserting ``, including the policy under 
subsection (f)(8),'' after ``policies of the intelligence community''.

SEC. 305. TIMELY SUBMISSION OF CLASSIFIED INTELLIGENCE BUDGET 
                    JUSTIFICATION MATERIALS.

  Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) 
is amended by inserting after section 506I the following new section 
(and conforming the table of contents at the beginning of such Act 
accordingly):

``SEC. 506J. CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.

  ``(a) Timely Submission.--At the same time as the President submits 
to Congress the budget for each fiscal year, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
the classified intelligence budget justification materials for the 
element for that budget.
  ``(b) Definitions.--In this section:
          ``(1) The term `budget' has the meaning given the term 
        `budget of the President' in section 506A.
          ``(2) The term `classified intelligence budget justification 
        materials' means, with respect to a fiscal year, the materials 
        submitted to Congress by the Director of National Intelligence 
        in support of the budget for that fiscal year that are 
        classified or otherwise protected from public disclosure.''.

SEC. 306. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.

  Title V of the National Security Act of 1947 (50 U.S.C. 3091 et 
seq.), as amended by section 305, is further amended by adding at the 
end the following new section (and conforming the table of contents at 
the beginning of such Act accordingly):

``SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY: ANNUAL 
                    REPORT.

  ``(a) Annual Report.--Not later than 10 days after the date on which 
the budget of the President for a fiscal year is submitted to Congress 
pursuant to section 1105 of title 31, United States Code, the head of 
each element of the intelligence community shall submit to the Director 
of National Intelligence and to the congressional intelligence 
committees a report on the unfunded priorities of the programs under 
the jurisdiction of such head.
  ``(b) Elements.--
          ``(1) In general.--Each report under subsection (a) shall 
        specify, for each unfunded priority covered by such report, the 
        following:
                  ``(A) A summary description of such priority, 
                including the objectives to be achieved if such 
                priority is funded (whether in whole or in part).
                  ``(B) Whether such priority will satisfy a covert 
                action or support collection against requirements 
                identified in the National Intelligence Priorities 
                Framework of the Office of the Director of National 
                Intelligence (or any successor mechanism established 
                for the prioritization of programs and activities), 
                including a description of such requirements and the 
                related prioritization level.
                  ``(C) The additional amount of funds recommended in 
                connection with the objectives under subparagraph (A).
                  ``(D) Budget information with respect to the unfunded 
                priority, including--
                          ``(i) the appropriation account;
                          ``(ii) the expenditure center; and
                          ``(iii) the project and, if applicable, 
                        subproject.
          ``(2) Prioritization of priorities.--Each report shall 
        present the unfunded priorities covered by such report in 
        overall order of urgency of priority among unfunded priorities.
  ``(c) Unfunded Priority Defined.--In this section, the term `unfunded 
priority', in the case of a fiscal year, means a program, activity, or 
mission requirement of an element of the intelligence community that--
          ``(1) is not funded in the budget of the President for the 
        fiscal year as submitted to Congress pursuant to section 1105 
        of title 31, United States Code;
          ``(2) is necessary to fulfill a covert action or to satisfy 
        an information requirement associated with the collection, 
        analysis, or dissemination of intelligence that has been 
        documented within the National Intelligence Priorities 
        Framework; and
          ``(3) would have been recommended for funding by the head of 
        the element of the intelligence community if--
                  ``(A) additional resources had been available for the 
                budget to fund the program, activity, or mission 
                requirement; or
                  ``(B) the program, activity, or mission requirement 
                has emerged since the budget was formulated.''.

SEC. 307. SUBMISSION OF CLASSIFIED ANNEXES TO EXECUTIVE ORDERS AND 
                    OTHER DOCUMENTS.

  (a) Requirement.--Title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.), as amended by section 306, is further amended by 
adding at the end the following new section (and conforming the table 
of contents at the beginning of such Act accordingly):

``SEC. 515. SUBMISSION OF CLASSIFIED ANNEXES TO EXECUTIVE ORDERS AND 
                    OTHER DOCUMENTS.

  ``(a) Requirement.--Not later than 7 days after the date on which the 
President issues or amends a covered document, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
any classified annex accompanying that document if such annex contains 
a reference to any element of the intelligence community.
  ``(b) Covered Document Defined.--In this section, the term `covered 
document' means any executive order, memorandum, or policy directive 
issued by the President, including national security Presidential 
memoranda and Presidential policy directives, or such successor 
memoranda and directives.''.
  (b) Initial Submission.--Not later than 60 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees each classified 
annex required under section 515 of the National Security Act, as added 
by subsection (a), in effect as of the date of enactment of this Act.

SEC. 308. IMPROVEMENTS TO PROGRAM ON RECRUITMENT AND TRAINING.

  Section 1022 of the National Security Act of 1947 (50 U.S.C. 3222) is 
amended to read as follows:

``SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING.

  ``(a) Program.--
          ``(1) Requirement.--The Director of National Intelligence, in 
        consultation with the heads of the elements of the intelligence 
        community, shall carry out a program to ensure that selected 
        individuals are provided funds for academic training (including 
        with respect to both undergraduate and postgraduate education), 
        or to reimburse for academic training previously obtained--
                  ``(A) in capabilities, missions, or skillsets, 
                especially in the fields of science, technology, 
                mathematics, and engineering, to address workforce 
                requirements in which the intelligence community is 
                deficient or likely to be deficient in the future; or
                  ``(B) for such individuals who have backgrounds or 
                experiences that the Director has identified as being 
                underrepresented in the intelligence community or 
                likely to be underrepresented in the future.
          ``(2) Commitment.--An individual selected for participation 
        in the program shall commit to employment with an element of 
        the intelligence community for a period that the Director 
        determines is commensurate with the amount of funding provided 
        to the individual under the program and under such terms and 
        conditions as the Director considers appropriate.
          ``(3) Designation.--The program shall be known as the Pat 
        Roberts Intelligence Scholars Program.
          ``(4) Outreach.--The Director, in consultation with the heads 
        of the elements of the intelligence community, shall maintain a 
        publicly available internet website on the program that 
        describes--
                  ``(A) the intent of the program;
                  ``(B) the conditions and requirements for selection 
                and participation;
                  ``(C) application instructions;
                  ``(D) the areas covered by the program pursuant to 
                the review conducted under subsection (b)(2); and
                  ``(E) any other details the Director determines 
                appropriate.
  ``(b) Elements.--In carrying out the program under subsection (a), 
the Director shall--
          ``(1) establish such requirements relating to the academic 
        training of participants as the Director considers appropriate 
        to ensure that participants are prepared for employment as 
        intelligence professionals; and
          ``(2) on an annual basis, review the areas that will 
        contribute to the capabilities, missions, and skillsets in 
        which the intelligence community is deficient or is likely to 
        be deficient in the future.
  ``(c) Use of Funds.--Funds made available for the program under 
subsection (a) shall be used--
          ``(1) to provide a monthly stipend for each month that a 
        participant is pursuing a course of study;
          ``(2) to pay the partial or full tuition or other appropriate 
        education expenses of a participant for the completion of such 
        course of study;
          ``(3) to reimburse a participant for tuition or other 
        appropriate education expenses paid by the participant before 
        becoming an employee of an element of the intelligence 
        community, including with respect to providing payments for 
        student loans used for such tuition and expenses;
          ``(4) to pay for books and materials that the participant 
        requires or required to complete such course of study;
          ``(5) to pay the expenses of the participant for travel 
        requested by an element of the intelligence community in 
        relation to such program; or
          ``(6) for such other purposes the Director considers 
        reasonably appropriate to carry out such program.''.

SEC. 309. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM 
                    PROLIFERATION AND USE OF FOREIGN COMMERCIAL 
                    SPYWARE.

  (a) Findings.--Congress finds the following:
          (1) The proliferation of foreign commercial spyware poses an 
        acute and emergent threat to the national security of the 
        United States.
          (2) Foreign entities have developed and supplied foreign 
        commercial spyware to other foreign governments that used these 
        tools to maliciously target officials of the United States 
        Government. Many of those foreign governments have, in service 
        of their repressive activities, targeted journalists, 
        businesspeople, activists, academics, and other persons.
          (3) Furthermore, public reports suggest that foreign 
        companies involved in the proliferation of foreign commercial 
        spyware maintain close ties to foreign governments and their 
        intelligence services. This close relationship between foreign 
        governments and the companies selling foreign commercial 
        spyware furthers the already substantial counterintelligence 
        concerns for any end-user of these products, including 
        potential end-users in the United States.
          (4) To mitigate the grave counterintelligence threat posed by 
        the rapid spread of these tools--as well as to improve the 
        digital security of citizens of the United States, combat cyber 
        threats, and mitigate unlawful surveillance--the United States 
        on January 19, 2022, finalized a rule establishing controls on 
        the export, reexport, or in-country transfer of certain items 
        that can be used for malicious cyber activities.
          (5) In furtherance of the same national security objectives, 
        the Commerce Department on November 4, 2021, released a rule 
        adding four foreign companies to the Entity List for engaging 
        in activities that are contrary to the national security or 
        foreign policy interests of the United States. This rule had 
        the practical effect of preventing the listed companies from 
        receiving American technologies.
          (6) Subsequent public reports indicate that at least one of 
        the four companies added to the Entity List attempted to evade 
        these and other restrictions, and a private consultancy which 
        oversees that company informed the European Parliament in 2022 
        that it could not confirm the blacklisted company is complying 
        with all relevant laws and regulatory frameworks.
  (b) Sense of Congress.--It is the sense of Congress that the 
intelligence community, with its unique authorities, foreign 
intelligence mission, analytical capabilities, and other capabilities, 
is best positioned to lead the efforts of the United States Government 
to mitigate the counterintelligence threats posed by the rapidly 
expanding ecosystem of foreign commercial spyware, including by 
devising and implementing strategies to protect personnel of the United 
States Government from being maliciously targeted.
  (c) Statement of Policy.--It shall be the policy of the United States 
to decisively act against counterintelligence threats posed by foreign 
commercial spyware, as well as the individuals who lead entities 
selling foreign commercial spyware and who are reasonably believed to 
be involved, have been involved, or pose a significant risk to being or 
becoming involved, in activities contrary to the national security or 
foreign policy interests of the United States.
  (d) Measures to Mitigate Counterintelligence Threats.--Title XI of 
the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended 
by inserting after section 1102 the following new section (and 
conforming the table of contents at the beginning of such Act 
accordingly):

``SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM 
                    PROLIFERATION AND USE OF FOREIGN COMMERCIAL 
                    SPYWARE.

  ``(a) Annual Assessments of Counterintelligence Threats.--
          ``(1) Requirement.--Not later than March 1, 2023, and 
        annually thereafter, the Director of National Intelligence, in 
        coordination with the Director of the Central Intelligence 
        Agency, the Director of the National Security Agency, and the 
        Director of the Federal Bureau of Investigation, shall submit 
        to the congressional intelligence committees a report 
        containing an assessment of the counterintelligence threats and 
        other risks to the national security of the United States posed 
        by the proliferation of foreign commercial spyware. The 
        assessment shall incorporate all credible data, including open-
        source information.
          ``(2) Elements.--Each report under paragraph (1) shall 
        include the following, if known:
                  ``(A) A list of the most significant foreign 
                companies, as determined by the Director of National 
                Intelligence, selling, leasing, or otherwise providing 
                foreign commercial spyware, and associated foreign 
                commercial entities, assessed by the intelligence 
                community to be the most significant foreign actors in 
                the global proliferation of foreign commercial spyware.
                  ``(B) A description of the foreign commercial spyware 
                marketed by the foreign companies identified under 
                subparagraph (A) and an assessment by the intelligence 
                community of the foreign commercial spyware.
                  ``(C) An assessment of the counterintelligence risk 
                to personnel of the intelligence community posed by 
                such spyware.
                  ``(D) Details of where each foreign company 
                identified under subparagraph (A) is domiciled, as well 
                as any foreign country in which the company has 
                subsidiaries or resellers acting as the local agent on 
                behalf of the foreign parent company.
                  ``(E) A description of how each such foreign company 
                is financed, where the foreign company acquired its 
                capital, and the major investors in the foreign 
                company.
                  ``(F) An assessment by the intelligence community of 
                any relationship between each such foreign company and 
                a foreign government, including any export controls and 
                processes to which the foreign company is subject.
                  ``(G) To the extent such information is obtainable 
                through clandestine collection or open source 
                intelligence, a list of the foreign customers of each 
                such foreign company, including the understanding by 
                the intelligence community of the organizations and 
                end-users within any foreign government that procured 
                the spyware of that foreign company.
                  ``(H) With respect to each foreign customer 
                identified under subparagraph (G), an assessment by the 
                intelligence community regarding how the foreign 
                customer is using the spyware, including whether the 
                spyware has been used to target personnel of the 
                intelligence community.
                  ``(I) With respect to the first report, a mitigation 
                plan to reduce the exposure of personnel of the 
                intelligence community to foreign commercial spyware.
                  ``(J) With respect to each report following the first 
                report, details of steps taken by the intelligence 
                community since the previous report to implement 
                measures to reduce the exposure of personnel of the 
                intelligence community to foreign commercial spyware.
          ``(3) Form.--Each report under paragraph (1) shall be 
        submitted in classified form.
          ``(4) Dissemination.--The Director of National Intelligence 
        shall share each report under paragraph (1) with the heads of 
        other appropriate Federal departments and agencies, including 
        the President, the heads of all elements of the intelligence 
        community, the Secretary of State, the Attorney General, the 
        Director of the Federal Bureau of Investigation, the Secretary 
        of Commerce, and the heads of any other agencies the Director 
        determines appropriate.
  ``(b) Classified Watchlist.--
          ``(1) Submittal to congress.--The Director of National 
        Intelligence shall submit to the appropriate congressional 
        committees a list of companies selling, leasing, or otherwise 
        providing foreign commercial spyware that the Director 
        determines are engaged in activities that pose a 
        counterintelligence risk to personnel of the intelligence 
        community.
          ``(2) Updates.--The Director shall update the list under 
        paragraph (1) not less frequently than annually.
          ``(3) Form.--Each list under paragraph (1) shall be submitted 
        in classified form.
          ``(4) Dissemination.--The Director of National Intelligence 
        shall share each list under paragraph (1) with the heads of 
        other appropriate Federal departments and agencies, including 
        the President, the heads of all elements of the intelligence 
        community, the Secretary of State, the Attorney General, the 
        Director of the Federal Bureau of Investigation, the Secretary 
        of Commerce, and the heads of any other agencies the Director 
        determines appropriate.
  ``(c) Authority to Prohibit Purchase or Use by Intelligence 
Community.--
          ``(1) Foreign commercial spyware from foreign spyware 
        company.--
                  ``(A) In general.--The Director of National 
                Intelligence may prohibit any element of the 
                intelligence community from procuring, leasing, or 
                otherwise acquiring on the commercial market, or 
                extending or renewing a contract to procure, lease, or 
                otherwise acquire, foreign commercial spyware from a 
                foreign spyware company.
                  ``(B) Considerations.--In determining whether and how 
                to exercise the authority under subparagraph (A), the 
                Director of National Intelligence shall consider--
                          ``(i) the assessment of the intelligence 
                        community of the counterintelligence threats or 
                        other risks to the United States posed by the 
                        foreign commercial spyware; and
                          ``(ii) the assessment of the intelligence 
                        community of whether the foreign commercial 
                        spyware has been used to target United States 
                        Government personnel.
          ``(2) Domestic company providing foreign commercial 
        spyware.--
                  ``(A) Authority to prohibit purchase.--The Director 
                of National Intelligence may prohibit the purchase or 
                use by the intelligence community of spyware from a 
                domestic company if the Director determines that the 
                spyware was originally sourced, in whole or in part, 
                from a foreign company.
                  ``(B) Considerations.--In considering whether and how 
                to exercise the authority under subparagraph (A) with 
                respect to spyware, the Director of National 
                Intelligence shall consider--
                          ``(i) whether the original owner or developer 
                        retains any of the physical property or 
                        intellectual property associated with the 
                        spyware;
                          ``(ii) whether the original owner or 
                        developer has verifiably destroyed all copies 
                        of the data collected by or associated with the 
                        spyware;
                          ``(iii) whether the personnel of the original 
                        owner or developer retain any access to data 
                        collected by or associated with the spyware;
                          ``(iv) whether the use of the spyware 
                        requires the user to connect to an information 
                        system of the original owner or developer or of 
                        a foreign government; and
                          ``(v) whether the spyware poses a 
                        counterintelligence risk to the United States 
                        or any other threat to the national security of 
                        the United States.
          ``(3) Domestic company that has acquired foreign commercial 
        spyware.--
                  ``(A) Authority.--The Director of National 
                Intelligence may prohibit any element of the 
                intelligence community from entering into any contract 
                or other agreement for any purpose with a domestic 
                company that has acquired, in whole or in part, any 
                foreign commercial spyware.
                  ``(B) Considerations.--In considering whether and how 
                to exercise the authority under subparagraph (A) with 
                respect to a domestic company that has acquired foreign 
                commercial spyware, the Director of National 
                Intelligence shall consider--
                          ``(i) whether the original owner or developer 
                        of the spyware retains any of the physical 
                        property or intellectual property associated 
                        with the spyware;
                          ``(ii) whether the original owner or 
                        developer of the spyware has verifiably 
                        destroyed all copies of the data collected by 
                        or associated with the spyware;
                          ``(iii) whether the personnel of the original 
                        owner or developer of the spyware retain any 
                        access to data collected by or associated with 
                        the spyware;
                          ``(iv) whether the use of the spyware 
                        requires the user to connect to an information 
                        system of the original owner or developer or of 
                        a foreign government; and
                          ``(v) whether the spyware poses a 
                        counterintelligence risk to the United States 
                        or any other threat to the national security of 
                        the United States.
          ``(4) Waiver authority.--
                  ``(A) In general.--The head of an element of the 
                intelligence community may request from the Director of 
                National Intelligence the waiver of a prohibition made 
                under paragraph (1), (2), or (3). The Director may 
                issue such a waiver in response to such a request if--
                          ``(i) such waiver is in the national security 
                        interest of the United States; and
                          ``(ii) the Director submits to the 
                        congressional intelligence committees the 
                        notice described in subparagraph (B).
                  ``(B) Notice.--Not later than 30 days after issuing a 
                waiver under subparagraph (A), the Director of National 
                Intelligence shall submit to the congressional 
                intelligence committees notice of the waiver. Such 
                notice shall include--
                          ``(i) an identification of the head of the 
                        element of the intelligence community that 
                        requested the waiver;
                          ``(ii) the rationale for issuing the waiver; 
                        and
                          ``(iii) the considerations that informed the 
                        ultimate determination of the Director to issue 
                        the wavier.
          ``(5) Termination of prohibition.--The Director of National 
        Intelligence may terminate a prohibition made under paragraph 
        (1), (2), or (3) at any time.
  ``(d) Notifications.--
          ``(1) In general.--Not later than 30 days after the date on 
        which the Director of National Intelligence exercises the 
        authority to issue a prohibition under subsection (c), the 
        Director of National Intelligence shall notify the 
        congressional intelligence committees of such exercise of 
        authority. Such notice shall include--
                  ``(A) a description of the circumstances under which 
                the prohibition was issued;
                  ``(B) an identification of the company or product 
                covered by the prohibition;
                  ``(C) any information that contributed to the 
                decision of the Director to exercise the authority, 
                including any information relating to 
                counterintelligence or other risks to the national 
                security of the United States posed by the company or 
                product, as assessed by the intelligence community; and
                  ``(D) an identification of each element of the 
                intelligence community to which the prohibition has 
                been applied.
          ``(2) Counterintelligence notifications.--Not later than 30 
        days after the date on which an element of the intelligence 
        community becomes aware that a Government-issued mobile device 
        was targeted or compromised by foreign commercial spyware, the 
        Director of National Intelligence, in coordination with the 
        Director of the Federal Bureau of Investigation, shall notify 
        the congressional intelligence committees of such 
        determination, including--
                  ``(A) the component of the element and the location 
                of the personnel whose device was targeted or 
                compromised;
                  ``(B) the number of devices compromised or targeted;
                  ``(C) an assessment by the intelligence community of 
                the damage to national security of the United States 
                resulting from any loss of data or sensitive 
                information;
                  ``(D) an assessment by the intelligence community of 
                any foreign government, or foreign organization or 
                entity, and, to the extent possible, the foreign 
                individuals, who directed and benefitted from any 
                information acquired from the targeting or compromise; 
                and
                  ``(E) as appropriate, an assessment by the 
                intelligence community of the capacity and will of such 
                governments or individuals to continue targeting 
                personnel of the United States Government.
  ``(e) Definitions.--In this section:
          ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                  ``(A) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Permanent Select Committee 
                on Intelligence of the House of Representatives; and
                  ``(B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee 
                on Intelligence of the Senate.
          ``(2) Domestic company.--The term `domestic company' means a 
        commercial entity, or any subsidiary or affiliate of the 
        entity, incorporated or domiciled in the United States that--
                  ``(A) sells, leases, or otherwise provides foreign 
                commercial spyware, including by reason of--
                          ``(i) taking ownership, in whole or in part, 
                        of a foreign spyware company; or
                          ``(ii) entering into a partnership with a 
                        foreign spyware company; or
                  ``(B) otherwise owns, leases, or has access to 
                foreign commercial spyware.
          ``(3) Foreign commercial spyware.--The term `foreign 
        commercial spyware' means a tool (or set of tools) sold, 
        leased, marketed, or otherwise provided as an end-to-end system 
        originally developed or owned by a foreign spyware company that 
        provides a purchaser remote access to information stored on or 
        transiting through an electronic device connected to the 
        internet, including end-to-end systems that--
                  ``(A) allow malign actors to infect mobile and 
                internet-connected devices with malware over both 
                wireless internet and cellular data connections, 
                including without any action required by the user of 
                the device;
                  ``(B) can record telephone calls and other audio;
                  ``(C) track the location of the device; or
                  ``(D) access and retrieve information on the device, 
                including text messages, files, e-mails, transcripts of 
                chats, contacts, photos, and browsing history.
          ``(4) Foreign spyware company.--The term `foreign spyware 
        company' means an entity that is--
                  ``(A) incorporated or domiciled outside the United 
                States; and
                  ``(B) not subject to the laws and regulations of the 
                United States regulating the surveillance of citizens 
                of the United States and foreign citizens.
          ``(5) Government-issued mobile device.--The term `Government-
        issued mobile device' means a smartphone, tablet, or laptop, or 
        similar portable computing device, that is issued to personnel 
        of the intelligence community by a department or agency of the 
        United States Government for official use by the personnel.
          ``(6) United states person.--The term `United States person' 
        has the meaning given that term in Executive Order 12333 (50 
        U.S.C. 3001 note), or any successor order.''.
  (e) Government-issued Mobile Devices.--
          (1) Requirement.--Not later than 120 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall--
                  (A) issue standards, guidance, best practices, and 
                policies for elements of the intelligence community to 
                protect Government-issued mobile devices from being 
                compromised by foreign commercial spyware;
                  (B) survey elements of the intelligence community 
                regarding the processes used by the elements to 
                routinely monitor Government-issued mobile devices for 
                known indicators of compromise associated with foreign 
                commercial spyware; or
                  (C) submit to the appropriate congressional 
                committees a report on the sufficiency of the measures 
                in place to routinely monitor Government-issued mobile 
                devices of appropriate personnel of the intelligence 
                community for known indicators of compromise associated 
                with foreign commercial spyware.
          (2) Form.--The report under subparagraph (B) may be submitted 
        in classified form.
          (3) Private sector partnerships.--Section 904(d)(7) of the 
        Counterintelligence Enhancement Act of 2002 (50 U.S.C. 
        3383(d)(7)) is amended by adding at the end the following new 
        paragraph:
                  ``(E) Vulnerabilities from foreign commercial 
                spyware.--
                          ``(i) Consultation.--In carrying out efforts 
                        to secure Government-issued mobile devices, to 
                        consult with the private sector of the United 
                        States and reputable third-party researchers to 
                        identify vulnerabilities from foreign 
                        commercial spyware and maintain effective 
                        security measures for such devices.
                          ``(ii) Definitions.--In this subparagraph, 
                        the terms `Government-issued mobile devices' 
                        and `foreign commercial spyware' have the 
                        meaning given those terms in section 1102A of 
                        the National Security Act of 1947.''.
  (f) Imposition of Sanctions Against Certain Persons Engaged in 
Proliferation or Use of Foreign Commercial Spyware.--
          (1) Discretionary sanctions.--The President may impose the 
        sanctions described in paragraph (2) with respect to--
                  (A) a foreign company the President determines, based 
                on credible evidence, to pose a counterintelligence or 
                other risk to the national security of the United 
                States, such as a company included on the watchlist 
                required by subsection (b) of section 1102A of the 
                National Security Act of 1947, as added to subsection 
                (d).
                  (B) any foreign individual who--
                          (i) is a current or former senior executive 
                        officer employed by a company described in 
                        subparagraph (A); and
                          (ii) is responsible for or complicit in, or 
                        has directly or indirectly engaged in, the 
                        proliferation of foreign commercial spyware 
                        that could enable the targeting of United 
                        States Government officials or personnel of the 
                        intelligence community;
                  (C) any foreign individual who--
                          (i) is a current or former official of a 
                        foreign government or is acting for or on 
                        behalf of such official; and
                          (ii) is responsible for or complicit in, or 
                        has directly or indirectly engaged in, the 
                        targeting of United States Government officials 
                        or personnel of the intelligence community 
                        through the use of foreign commercial spyware; 
                        or
                  (D) any foreign person that has materially assisted, 
                sponsored, or provided financial, material, or 
                technological support for, or goods or services to or 
                in support of--
                          (i) a foreign company selling, leasing, or 
                        otherwise providing foreign commercial spyware; 
                        or
                          (ii) the targeting of United States 
                        Government officials or personnel of the 
                        intelligence community through the use of 
                        foreign commercial spyware.
          (2) Sanctions described.--The sanctions described in this 
        paragraph are the following:
                  (A) Blocking of property.--The President shall 
                exercise all of the powers granted to the President 
                under the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.) (except that the requirements 
                of section 202 of such Act (50 U.S.C. 1701) shall not 
                apply) to the extent necessary to block and prohibit 
                all transactions in property and interests in property 
                of a person determined by the President to be subject 
                to paragraph (1) if such property and interests in 
                property are in the United States, come within the 
                United States, or come within the possession or control 
                of a United States person.
                  (B) Inadmissibility to the united states and 
                revocation of visa or other documentation.--
                          (i) Ineligibility for visa, admission, or 
                        parole.--In the case of a foreign person 
                        determined by the President to be subject to 
                        paragraph (1) who is an individual, the foreign 
                        person is--
                                  (I) inadmissible to the United 
                                States;
                                  (II) ineligible to receive a visa or 
                                other documentation to enter the United 
                                States; and
                                  (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                          (ii) Current visa revoked.--In the case of a 
                        foreign person determined by the President to 
                        be subject to paragraph (1) who is an 
                        individual, the visa or other entry 
                        documentation of the person shall be revoked, 
                        regardless of when such visa or other entry 
                        documentation is or was issued. A revocation 
                        under this subparagraph shall take effect 
                        immediately and automatically cancel any other 
                        valid visa or entry documentation that is in 
                        the person's possession.
                          (iii) Exception to comply with international 
                        obligations.--Sanctions under this paragraph 
                        shall not apply with respect to a foreign 
                        person if admitting or paroling the person into 
                        the United States is necessary to permit the 
                        United States to comply with the Agreement 
                        regarding the Headquarters of the United 
                        Nations, signed at Lake Success June 26, 1947, 
                        and entered into force November 21, 1947, 
                        between the United Nations and the United 
                        States, or other applicable international 
                        obligations.
          (3) Implementation; penalties.--
                  (A) Implementation.--The President may exercise all 
                authorities provided under sections 203 and 205 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1702 and 1704) to carry out this subsection and shall 
                issue such regulations, licenses, and orders as are 
                necessary to carry out this subsection.
                  (B) Penalties.--Any person that violates, attempts to 
                violate, conspires to violate, or causes a violation of 
                this subsection or any regulation, license, or order 
                issued to carry out subparagraph (A) shall be subject 
                to the penalties provided for in subsections (b) and 
                (c) of section 206 of the International Emergency 
                Economic Powers Act (50 U.S.C. 1705) to the same extent 
                as a person that commits an unlawful act described in 
                subsection (a) of that section.
          (4) Exception relating to importation of goods.--
                  (A) In general.--The authorities to impose sanctions 
                authorized under this subsection shall not include the 
                authority to impose sanctions on the importation of 
                goods.
                  (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or man-made 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
          (5) Termination.--The President may terminate the application 
        of sanctions under this subsection at any time.
  (g) Report on Harmonization Among Five Eyes Partnership.--
          (1) Requirement.--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 the potential for the United States to 
        lead an effort to devise and implement a common approach with 
        the Five Eyes Partnership to mitigate the counterintelligence 
        risks posed by the proliferation of foreign commercial spyware, 
        including by seeking commitments from partner countries of the 
        Five Eyes Partnership to implement measures similar to the 
        requirements under this section and section 1102A of the 
        National Security Act of 1947 (50 U.S.C. 3231 et seq.), as 
        added by this section.
          (2) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may contain a classified annex, 
        consistent with the protection of intelligence sources and 
        methods.
  (h) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Permanent Select Committee 
                on Intelligence of the House of Representatives; and
                  (B) the Committee on Foreign Relations, the Committee 
                on Armed Services, and the Select Committee on 
                Intelligence of the Senate.
          (2) Foreign commercial spyware; foreign spyware company; 
        government-issued mobile device.--The terms ``foreign 
        commercial spyware'', ``foreign spyware company'', and 
        ``Government-issued mobile device'' have the meanings given 
        those terms in section 1102A of the National Security Act of 
        1947 (50 U.S.C. 3231 et seq.), as added by this section.
          (3) Five eyes partnership.--The term ``Five Eyes 
        Partnership'' means the intelligence alliance comprising 
        Australia, Canada, New Zealand, the United Kingdom, and the 
        United States.
          (4) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
          (5) Person.--The term ``person'' means an individual or an 
        entity (including a company).

SEC. 310. EXPANSION OF TREATMENT OF MOVING EXPENSES.

  (a) Deduction.--Section 217(k) of the Internal Revenue Code of 1986 
is amended by inserting ``or an employee or new appointee of the 
intelligence community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) (other than a member of the 
Armed Forces of the United States) who moves pursuant to a change in 
assignment that requires relocation'' after ``to whom subsection (g) 
applies''.
  (b) Exclusion for Qualified Moving Expense Reimbursements.--Section 
132(g)(2) of the Internal Revenue Code of 1986 is amended by inserting 
``or an employee or new appointee of the intelligence community (as 
defined in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003)) (other than a member of the Armed Forces of the United States) 
who moves pursuant to a change in assignment that requires relocation'' 
after ``change of station''.
  (c) Effective Date.--The amendments made by this section shall apply 
to taxable years beginning after December 31, 2021.

SEC. 311. PERSONNEL VETTING PERFORMANCE MEASURES.

  (a) Measures.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, acting as 
the Security Executive Agent, and in coordination with the Chair and 
other principals of the Council, shall develop performance measures to 
assess the vetting of personnel, including measures to assess 
continuous vetting and the quality of each phase of the security 
clearance process, including the initiation, investigation, and 
adjudication phases.
  (b) Report.--
          (1) Requirement.--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 a report describing the performance measures 
        developed under subsection (a).
          (2) Elements.--The report under paragraph (1) shall include 
        the following:
                  (A) A description of how departments and agencies of 
                the United States Government have implemented Security 
                Executive Agent Directive 6 titled ``Continuous 
                Evaluation'' and related personnel vetting performance 
                measures to ensure that implementation is efficient and 
                effective, including the resources expended by each 
                department or agency for continuous vetting and whether 
                departments and agencies are identifying security-
                relevant information in a timely manner.
                  (B) A description of the performance measures the 
                Director of National Intelligence and the Secretary of 
                Defense use to assess the quality of each phase of the 
                security clearance process, including initiation, 
                investigation, adjudication, reinvestigation, and 
                continuous vetting.
                  (C) How such performance measures meet key attributes 
                for successful performance measures as described in the 
                report of the Comptroller General of the United States 
                titled ``Personnel Vetting: Actions Needed to Implement 
                Reforms, Address Challenges, and Improve Planning'' 
                (GAO-22-104093).
                  (D) Any impediments or constraints relating to the 
                implementation of Security Executive Agent Directive 6 
                or the development of such performance measures to 
                assess the quality of the clearance process.
  (c) Definitions.--The terms ``continuous vetting'', ``Council'', and 
``Security Executive Agent'' have the meanings given those terms in 
section 6601 of the Damon Paul Nelson and Matthew Young Pollard 
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 
(50 U.S.C. 3352).

SEC. 312. PROACTIVE CYBERSECURITY.

  (a) Survey of Elements.--Pursuant to section 103G(b)(1) of the 
National Security Act (50 U.S.C. 3032(b)(1)), not later than 1 year 
after the date of the enactment of this Act, the Chief Information 
Officer of the Intelligence Community shall conduct a survey of each 
element of the intelligence community on the use by that element of 
proactive cybersecurity initiatives, continuous monitoring, and active 
defense techniques.
  (b) Report by Chief Information Officer.--
          (1) Report.--Not later than 1 year after the date of the 
        completion of the survey under subsection (a), the Chief 
        Information Officer of the Intelligence Community shall submit 
        to the congressional intelligence committees a report on 
        proactive cybersecurity initiatives, continuous monitoring, and 
        active defense techniques. Such report shall include the 
        following:
                  (A) The results of the survey of each element of the 
                intelligence community conducted under subsection (a), 
                including--
                          (i) examples of any successes against 
                        attackers who unlawfully breached an 
                        information system of an element of the 
                        intelligence community; and
                          (ii) concerns, limitations, and associated 
                        recommendations relating to innovative uses of 
                        proactive cybersecurity initiatives.
                  (B) An analysis of the feasibility, costs, and 
                benefits of consolidating oversight and implementation 
                of such methods within the intelligence community, 
                including whether such consolidation would 
                significantly enhance defense.
                  (C) An analysis of any statutory or policy 
                limitations on the ability of the Director of National 
                Intelligence, or the head of any element of the 
                intelligence community, to carry out such methods on 
                behalf of an element of the intelligence community or 
                multiple such elements.
                  (D) An analysis of the relationships between and 
                among the intelligence community, the Department of 
                Defense, the Cybersecurity and Intelligence Security 
                Agency of the Department of Homeland Security, national 
                laboratories, and the private sector, and whether such 
                relationships should be enhanced to protect national 
                security systems of the intelligence community through 
                proactive cybersecurity measures.
                  (E) With respect to active defense techniques, a 
                discussion of the effectiveness of such techniques to 
                protect the information systems of the elements of the 
                intelligence community, any constraints that hinder 
                such techniques, and associated recommendations.
                  (F) With respect to continuous monitoring, a 
                discussion of--
                          (i) how an information system operates under 
                        normal and intended use, compared to how such 
                        system operates under a variety of adverse 
                        conditions and scenarios; and
                          (ii) the feasibility of the adoption of 
                        continuous monitoring among the intelligence 
                        community.
                  (G) Recommendations for legislative action and 
                further resources relating to the successful use of 
                proactive cybersecurity initiatives, deception 
                environments, and continuous monitoring.
          (2) Form.--The report under paragraph (1) may be submitted in 
        classified form.
  (c) Definitions.--In this section:
          (1) Active defense technique.--The term ``active defense 
        technique'' means an action taken on an information system of 
        an element of the intelligence community to increase the 
        security of such system against an attacker, including--
                  (A) the use of a deception technology or other 
                purposeful feeding of false or misleading information 
                to an attacker accessing such system; or
                  (B) proportional action taken in response to an 
                unlawful breach.
          (2) Continuous monitoring.--The term ``continuous 
        monitoring'' means continuous experimentation conducted by an 
        element of the intelligence community on an information system 
        of such element to evaluate the resilience of such system 
        against a malicious attack or condition that could compromise 
        such system for the purpose of improving design, resilience, 
        and incident response with respect to such system.
          (3) Deception technology.--The term ``deception technology'' 
        means an isolated digital environment, system, or platform 
        containing a replication of an active information system with 
        realistic data flows to attract, mislead, and observe an 
        attacker.
          (4) Intelligence community information environment.--The term 
        ``intelligence community information environment'' has the 
        meaning given the term in Intelligence Community Directive 121, 
        or any successor document.
          (5) National laboratory.--The term ``national laboratory'' 
        has the meaning given that term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
          (6) National manager for national security systems.--The term 
        ``National Manager for National Security Systems'' means the 
        Director of National Security, or successor official, serving 
        as the National Manager for National Security Systems pursuant 
        to National Security Directive 42, or any successor document.
          (7) National security system.--The term ``national security 
        system'' has the meaning given that term in section 3552 of 
        title 44, United States Code.
          (8) Proactive cybersecurity initiatives.--The term 
        ``proactive cybersecurity initiatives'' means actions performed 
        periodically and continuously within an organization, focused 
        on identifying and eliminating vulnerabilities within the 
        network infrastructure, preventing security breaches, and 
        evaluating the effectiveness of the business security posture 
        in real-time, including threat hunting, endpoint and network 
        monitoring, and cybersecurity awareness and training.

SEC. 313. LIMITATION ON AVAILABILITY OF FUNDS FOR INTELLIGENCE 
                    COMMUNITY MANAGEMENT ACCOUNT PENDING SUBMISSION OF 
                    REPORT ON DOMESTIC ACTIVITIES OF INTELLIGENCE 
                    COMMUNITY.

  Of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2023 for the Intelligence Community 
Management Account, 5 percent may not be obligated or expended until 
the date on which the Director of National Intelligence submits the 
report required by section 505(c) of the Intelligence Authorization Act 
for Fiscal Year 2022 (division X of Public Law 117-103; 50 U.S.C. 3112 
note).

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

SEC. 401. MODIFICATIONS TO RESPONSIBILITIES AND AUTHORITIES OF DIRECTOR 
                    OF NATIONAL INTELLIGENCE.

  Section 102A of the National Security Act of 1947 (50 U.S.C. 3024), 
as amended by section 304, is further amended--
          (1) in subsection (c)--
                  (A) in paragraph (1)(A), by striking ``guidance'' and 
                inserting ``specific requirements'';
                  (B) in paragraph (3)(B), by inserting ``establish 
                specific requirements and'' after ``shall''; and
                  (C) in paragraph (5)(C), by striking ``may'' and 
                inserting ``shall'';
          (2) in subsection (h)--
                  (A) in paragraph (1)(A)--
                          (i) by striking ``encourage'' and inserting 
                        ``require''; and
                          (ii) by inserting ``and apolitical'' after 
                        ``sound''; and
                  (B) by amending paragraph (3) to read as follows;
          ``(3) ensure that substantial differences in analytic 
        judgment are fully considered, brought to the attention of 
        policymakers, and documented in analytic products; and'';
          (3) in subsection (i)--
                  (A) in paragraph (1), by inserting ``establish and 
                enforce policies to'' after ``shall'';
                  (B) in paragraph (2), by striking ``guidelines'' and 
                inserting ``requirements''; and
                  (C) by adding at the end the following new paragraph:
  ``(4) Each head of an element of the intelligence community shall 
ensure that any congressionally mandated report submitted to Congress 
by the head, other than such a report submitted solely to the 
congressional intelligence committees, shall be consistent with the 
protection of intelligence sources and methods in accordance with the 
policies established by the Director under paragraph (1), regardless of 
whether the provision of law mandating the report explicitly requires 
such protection.''; and
          (4) in subsection (x)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``the head of each department of the Federal 
                Government that contains an element of the intelligence 
                community and the Director of the Central Intelligence 
                Agency'' and inserting ``the heads of the elements of 
                the intelligence community''; and
                  (B) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``; 
                        and'' and inserting a semicolon;
                          (ii) in subparagraph (B), by striking the 
                        semicolon and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                        subparagraph:
                  ``(C) each contract awarded by an element of the 
                intelligence community includes provisions granting 
                consent for the network monitoring by the element of 
                any information technology network used to perform work 
                under such contract, regardless of the classification 
                level of such network.''.

SEC. 402. ANNUAL SUBMISSION TO CONGRESS OF NATIONAL INTELLIGENCE 
                    PRIORITIES FRAMEWORK.

  (a) Annual Submission.--Section 102A(p) of the National Security Act 
of 1947 (50 U.S.C. 3023(p)) is amended by inserting at the end the 
following new paragraph:
  ``(3) Not later than October 1 of each year, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
a copy of the most recently updated National Intelligence Priorities 
Framework of the Office of the Director of National Intelligence (or 
any such successor mechanism).''.
  (b) Limitation on Availability of Funds for Intelligence Community 
Management Account.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2023 for the 
Intelligence Community Management Account, 5 percent may not be 
obligated or expended until the date on which the Director of National 
Intelligence submits the first copy required under paragraph (3) of 
such section 102A(p), as added by subsection (a).

SEC. 403. DISPOSITION OF RECORDS OF OFFICE OF THE DIRECTOR OF NATIONAL 
                    INTELLIGENCE.

  Section 1096(a) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 50 U.S.C. 3001 note) is amended--
          (1) by inserting ``(1)'' before ``Upon'';
          (2) by adding at the end the following new sentence: ``Any 
        records of the Office of the Director of National Intelligence 
        that are maintained by the agency as a service for the Office 
        of the Director of National Intelligence under section 1535 of 
        title 31, United States Code, (popularly known as the `Economy 
        Act') may be treated as the records of the agency when 
        dispositioned as required by law, and any disclosure of such 
        records between the two agencies shall not be subject to any 
        otherwise applicable legal consent requirements or disclosure 
        accounting requirements.''; and
          (3) by adding at the end the following new paragraph:
  ``(2) The records of the Office of the Director of National 
Intelligence may not be dispositioned pursuant to paragraph (1) without 
the authorization of the Director of National Intelligence.''.

                Subtitle B--Central Intelligence Agency

SEC. 411. AUTHORITY OF CENTRAL INTELLIGENCE AGENCY TO PROVIDE 
                    PROTECTION FOR CERTAIN PERSONNEL.

  (a) Authority.--Paragraph (4) of section 5(a) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)) is amended to read 
as follows:
  ``(4) Authorize personnel designated by the Director to carry 
firearms to the extent necessary for the performance of the Agency's 
authorized functions, except that, within the United States, such 
authority shall be limited to the purposes of--
          ``(A) the training of Agency personnel and other authorized 
        persons in the use of firearms;
          ``(B) the protection of classified materials and information;
          ``(C) the protection of installations and property of the 
        Agency;
          ``(D) the protection of--
                  ``(i) current and former Agency personnel and their 
                immediate families;
                  ``(ii) individuals nominated by the President to the 
                position of Director (including with respect to an 
                individual whom a President-elect (as defined in 
                section 3(c) of the Presidential Transition Act of 1963 
                (3 U.S.C. 102 note) has declared an intent to nominate) 
                and their immediate families; and
                  ``(iii) defectors and their immediate families, and 
                other persons in the United States under Agency 
                auspices; and
          ``(E) with respect to the Office of the Director of National 
        Intelligence, the protection of--
                  ``(i) installations and property of the Office of the 
                Director of National Intelligence pursuant to section 
                15(a)(1);
                  ``(ii) the Director of National Intelligence;
                  ``(iii) current and former personnel of the Office of 
                the Director of National Intelligence and their 
                immediate families as the Director of National 
                Intelligence may designate; and
                  ``(iv) individuals nominated by the President to the 
                position of Director of National Intelligence 
                (including with respect to an individual whom a 
                President-elect has declared an intent to nominate) and 
                their immediate families;''.
  (b) Conforming Amendment.--Section 15(d)(1) of such Act (50 U.S.C. 
3515(d)(1)) is amended by striking ``designated by the Director under 
section 5(a)(4) to carry firearms for the protection of current or 
former Agency personnel and their immediate families, defectors and 
their immediate families, and other persons in the United States under 
Agency auspices,'' and inserting the following: ``designated by the 
Director to carry firearms under subparagraph (D) of section 5(a)(4) or 
clause (ii), (iii), or (iv) of subparagraph (E) of such section,''.
  (c) Technical Amendment.--Paragraphs (7) and (8) of section 5(a) of 
such Act (50 U.S.C. 3506(a)) are amended by adjusting the margins to 
conform with the other paragraphs in such section.

SEC. 412. NOTIFICATION OF USE OF CERTAIN EXPENDITURE AUTHORITIES.

  (a) CIA.--Section 8 of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 3510) is amended by adding at the end the following new 
subsection:
  ``(c) Notification.--Not later than 30 days after the date on which 
the Director makes a novel or significant expenditure pursuant to 
subsection (a), the Director shall notify the Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate of such expenditure.''.
  (b) Other Elements.--Section 102A of the National Security Act of 
1947 (50 U.S.C. 3024), as amended by section 402, is further amended--
          (1) in subsection (m)(1), by inserting before the period at 
        the end the following: ``, including with respect to the 
        notification requirement under section 8(c) of such Act (50 
        U.S.C. 3510(c))''; and
          (2) in subsection (n), by adding at the end the following new 
        paragraph:
  ``(5) Any authority provided to the Director of National Intelligence 
or the head of an element of the intelligence community pursuant to 
this subsection to make an expenditure referred to in subsection (a) of 
section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3510) is subject to the notification requirement under subsection (c) 
of such section. If the Director of National Intelligence is required 
to make a notification for a specific expenditure pursuant to both this 
paragraph and paragraph (4)(G), the Director may make a single 
notification.''.

SEC. 413. CLARIFICATION OF AUTHORITIES RELATING TO SECURITY PERSONNEL 
                    AT OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE 
                    FACILITIES AND INSTALLATIONS.

  (a) Authority of Central Intelligence Agency Security Personnel.--
          (1) Authority.--Section 15(a)(1) of the Central Intelligence 
        Agency Act of 1949 (50 U.S.C. 3515(a)(1)) is amended--
                  (A) in subparagraph (C), by striking ``; and'' and 
                inserting a semicolon;
                  (B) by redesignating subparagraph (D) as subparagraph 
                (E);
                  (C) by inserting after subparagraph (C) the following 
                new subparagraph:
          ``(D) within any facility or installation operated by the 
        Director of National Intelligence; and''; and
                  (D) in subparagraph (E), as redesignated by 
                subparagraph (B), by striking ``subparagraph (C)'' and 
                inserting ``subparagraph (C) or (D),''.
          (2) Rules and regulations.--Section 15(a)(4) of such Act (50 
        U.S.C. 3515(a)(4) is amended--
                  (A) by striking ``The rules'' and inserting ``(A) 
                Except as provided in subparagraph (B), the rules''; 
                and
                  (B) by adding at the end the following new 
                subparagraph:
  ``(B) With respect to the areas referred to in subparagraph (D) of 
paragraph (1), the rules and regulations enforced by such personnel and 
applicable to such areas shall be the rules and regulations prescribed 
by the Director, in coordination with the Director of National 
Intelligence.''.
          (3) Conforming amendment.--Section 15(a)(2) of such Act (50 
        U.S.C. 3515(a)(2)) is amended by striking ``(D)'' and inserting 
        ``(E)''.
  (b) Authority of Office of Director of National Intelligence Security 
Personnel.--Section 102A(m) of the National Security Act of 1947 (50 
U.S.C. 3024(m)), as amended by section 412(b)(1), is further amended by 
adding at the end the following new paragraph:
  ``(3) In addition to the authority provided to the Director of the 
Central Intelligence Agency to authorize security personnel of the 
Central Intelligence Agency within, and in certain streets, sidewalks, 
and open areas with respect to, a facility or installation operated by 
the Director of National Intelligence under section 15(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 3515(a)), the 
Director of National Intelligence may exercise with respect to the 
security personnel of the Office of the Director of National 
Intelligence such authority to the same extent, and subject to the same 
conditions and limitations, that the Director of the Central 
Intelligence Agency may exercise such authority with respect to 
security personnel of the Central Intelligence Agency.''.

SEC. 414. OFFICE OF WORKFORCE SUPPORT OF CENTRAL INTELLIGENCE AGENCY.

  (a) Establishment.--Not later than 120 days after the date of the 
enactment of this Act, the Director shall establish an office, to be 
known as the ``Office of Workforce Support'', to provide independent 
support and advocacy for the physical and mental health and well-being 
of current and former officers, employees, and contractors of the 
Agency.
  (b) Deputy Director; Assigned Officers.--
          (1) Deputy director.--The Director shall appoint a Deputy 
        Director for Workforce Support as the head of the Office of 
        Workforce Support, who shall report directly to the Director.
          (2) Full-time assigned officers.--To assist in performing the 
        functions under subsection (c), the Director shall ensure there 
        is assigned to the Office of Workforce Support not fewer than 
        10 officers of the Agency, who shall have no official duties 
        other than duties related to such Office while so assigned.
  (c) Functions.--The functions of the Office of Workforce Support 
shall be, with respect to eligible individuals under subsection (e), as 
follows:
          (1) Providing to such individuals independent and 
        confidential advice and assistance, and advocating on behalf of 
        such individuals, on matters relating to health and well-being, 
        including with respect to physical health, mental health, 
        retirement benefits, disability compensation, and other related 
        programs and benefits for which the individual may be eligible 
        (without regard to whether such programs and benefits are 
        administered or funded by the United States Government or the 
        private sector).
          (2) Maintaining, and making available to such individuals, 
        the following:
                  (A) A list of physicians and mental health care 
                providers (including from the private sector, as 
                applicable), who hold an appropriate security 
                clearance, or are eligible to hold an appropriate 
                security clearance, and are qualified to provide 
                confidential services and support to such individuals.
                  (B) A list of private attorneys who hold an 
                appropriate security clearance and are qualified to 
                provide to such individuals confidential legal advice, 
                including with respect to physical health, mental 
                health, retirement benefits, disability compensation, 
                and other related matters.
  (d) Provision of Services to Former Officers, Employees, and 
Contractors.--In the case of an individual specified in subsection 
(e)(2), services under the Office of Workforce Support shall be 
provided upon the request of the individual.
  (e) Eligibility.--An individual is eligible for receiving a service 
under the Office of Workforce Support if the individual is--
          (1) an officer, employee, or contractor of the Agency; or
          (2) a former officer, employee, or contractor of the Agency 
        whose employment or contract with the Agency, as the case may 
        be, concluded not more than 10 years prior to the date on which 
        the individual seeks the service.
  (f) Briefings.--On a biannual basis until the date of termination 
under subsection (g), the Director shall provide to the congressional 
intelligence committees a briefing on the status of the Office of 
Workforce Support, including on--
          (1) the number of officers assigned to such Office pursuant 
        to subsection (b)(2); and
          (2) the number of eligible individuals under subsection (e) 
        who have received services under such Office, and the type of 
        services so received.
  (g) Termination.--The Office of Workforce Support shall terminate on 
the date that is 3 years after the date on which such Office is 
established.

SEC. 415. ESTABLISHMENT OF EXTERNAL ADVISORY BOARD FOR TALENT FOR THE 
                    CENTRAL INTELLIGENCE AGENCY.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) the Central Intelligence Agency plays one of the most 
        critical roles in national defense;
          (2) the intelligence provided by the officers of the Agency 
        protects the United States;
          (3) to carry out this mission, the Agency needs to attract, 
        train, lead, and retain the most talented and diverse workforce 
        possible;
          (4) therefore, the Director must ensure the Agency is 
        incorporating best practices from the private sector to hire, 
        lead, manage, and retain the most important element of the 
        organization, Agency personnel; and
          (5) An External Advisory Board for Talent will provide the 
        Agency an important mechanism to improve how the Agency 
        recruits, leads, and manages Agency personnel.
  (b) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall establish an advisory board for the Central Intelligence Agency, 
to be known as the ``External Advisory Board for Talent'' (in this 
section referred to as the ``Board'').
  (c) Duties.--The duties of the Board shall be to advise the Director 
and the head of the Talent Center of the Agency, or such successor 
organizational element, on--
          (1) the most up-to-date best practices and innovations in the 
        areas of hiring, leadership, management practices, and talent 
        retention; and
          (2) the fostering of a culture of continuous improvement 
        within the Agency, whereby each successive generation of 
        officers of the Agency become more effective leaders and 
        improve the mission performance of the Agency organically and 
        from within.
  (d) Membership.--
          (1) Composition.--The Board shall be composed of at least 7 
        members selected from a diverse range of private sector 
        industries, each of whom shall be, in the determination of the 
        Director, a highly accomplished executive or thought leader in 
        the field of human resource management with a demonstrated 
        history of leading, or advising, high-functioning 
        organizations.
          (2) Pay.--Each member of the Board shall be compensated at a 
        rate prescribed by the Director for each day (including travel 
        time) during which the member is engaged in the actual 
        performance of duties vested in the Board.
          (3) Travel expenses.--Each member of the Board may receive 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code, for travel between 
        the residence of the member and the metropolitan Washington, 
        D.C., area.
  (e) Meetings.--On a basis that is at least quarterly until the date 
of termination under subsection (h), the Board shall hold a meeting 
with the Director to provide the views of the Board on the state of the 
Agency workforce, a summary of the minutes of which shall be 
distributed among the Agency workforce to ensure transparency.
  (f) Implementation of Recommendations.--
          (1) Assistance from talent center.--The head of the Talent 
        Center of the Agency, or such successor organizational element, 
        shall assist the Board in carrying out any studies necessary 
        for the fulfilment of the duties of the Board and shall assist 
        the Director in implementing any recommendations of the Board.
          (2) Authority of director.--The Director shall retain final 
        authority with respect to the implementation of any such 
        recommendations.
  (g) Reports and Briefings.--
          (1) Annual reports.--On an annual basis until the date of 
        termination under subsection (h), the Board shall submit to the 
        Director and the congressional intelligence committees a report 
        on the state of the Agency workforce.
          (2) Periodic briefings.--On a regular basis until the date of 
        termination under subsection (h), the members of the Board 
        shall provide briefings to the congressional intelligence 
        committees, and the staff members of such committees.
  (h) Termination.--The Board shall terminate on the date that is 3 
years after the date on which the Board is established.
  (i) Definitions.--In this section, the terms ``Agency'' and 
``Director'' have the meaning given those terms in section 1 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 3501).

SEC. 416. STUDY ON RELATIONSHIP BETWEEN CENTRAL INTELLIGENCE AGENCY AND 
                    CONGRESS.

  (a) Findings.--Congress finds the following:
          (1) In 2008, the Center for the Study of Intelligence of the 
        Central Intelligence Agency published an unclassified 
        manuscript of a study titled ``The Agency and the Hill: CIA's 
        Relationship with Congress, 1946-2004''.
          (2) The study, organized thematically, provides a valuable 
        primer for officials of the Agency, members of Congress, 
        congressional staff, and the general public about the 
        necessarily secret business of intelligence oversight.
  (b) Study.--
          (1) Requirement.--Not later than 2 years after the date of 
        the enactment of this Act, the Director of the Central 
        Intelligence Agency, acting through the Center for the Study of 
        Intelligence, shall prepare a study, in book form, describing 
        the relationship between the Central Intelligence Agency and 
        Congress between 2004 and 2022. The Director shall ensure that 
        the study is modeled on the manuscript described in subsection 
        (a)(1), including with respect to the organizational structure.
          (2) Elements.--The study under paragraph (1) shall document 
        the following:
                  (A) Major legislation affecting the Agency.
                  (B) Programs and budget.
                  (C) Oversight of analysis.
                  (D) Oversight of collection.
                  (E) Oversight of covert action.
                  (F) Oversight of security and personnel matters.
                  (G) The process by which officials of the Agency are 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                  (H) For each of the elements specified in 
                subparagraphs (A) through (G), highlights of the 
                principal issues before Congress and a discussion of 
                how those issues were handled.
                  (I) Any other matters the Director determines 
                appropriate.
          (3) Submission.--The Director shall submit to the 
        congressional intelligence committees the study prepared under 
        paragraph (1).
          (4) Form.--The study under paragraph (1) shall be made in 
        unclassified form, but the Director may submit to the 
        congressional intelligence committees a classified annex.

SEC. 417. HISTORICAL ADVISORY PANEL OF CENTRAL INTELLIGENCE AGENCY.

  (a) Sense of Congress.--It is the sense of Congress that Congress 
expresses its appreciation--
          (1) to the Director of the Central Intelligence Agency for 
        reconstituting the Historical Advisory Panel; and
          (2) for the important work of the Historical Advisory Panel, 
        especially for--
                  (A) the efforts of the Panel to aid with the 
                declassification of materials that enrich the 
                historical national security record; and
                  (B) the assistance of the Panel in liaison with the 
                scholarly community.
  (b) Reporting Requirement.--The Historical Advisory Panel shall 
report directly to the Director of the Central Intelligence Agency.
  (c) Historical Advisory Panel Defined.--The term ``Historical 
Advisory Panel'' means the panel of the Central Intelligence Agency, 
regardless of the name of the panel, that assists in conducting 
declassification reviews and providing other assistance with respect to 
matters of historical interest.

      Subtitle C--Elements of the Defense Intelligence Enterprise

SEC. 421. DEPUTY DIRECTOR FOR DEFENSE INTELLIGENCE RESPONSIBLE FOR 
                    WARFIGHTER SUPPORT.

  Section 137 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
  ``(e) The Secretary of Defense shall ensure that not fewer than one 
of the Deputy Directors for Defense Intelligence (or such successor 
positions) is responsible for warfighter support. An individual 
appointed to that position shall be a general or flag officer serving 
in a joint duty assignment.''.

SEC. 422. COVER ENHANCEMENT AUTHORITIES.

  Part II of subtitle A of title 10, United States Code, is amended by 
inserting after chapter 88 the following new chapter (and conforming 
the table of chapters at the beginning of such part accordingly):

              ``CHAPTER 89--COVER ENHANCEMENT AUTHORITIES

``Sec.
``1801. Definitions.
``1802. Cover enhancement authority.
``1803. Compensation.
``1804. Retirement benefits.
``1805. Health insurance benefits.
``1806. Life insurance benefits.
``1807. Exemption from certain requirements.
``1808. Taxation and social security.
``1809. Regulations.
``1810. Finality of decisions.
``1811. Subsequently enacted laws.

``Sec. 1801. Definitions

  ``In this chapter:
          ``(1) The term `designated employee' means an employee of the 
        Department of Defense designated by the Secretary of Defense 
        under section 1802(b).
          ``(2) The term `designated member' means a member of the 
        armed forces designated by the Secretary of Defense under 
        section 1802(b).
          ``(3) The term `Federal retirement system' includes the 
        Federal Employees' Retirement System (including the Thrift 
        Savings Plan).
          ``(4) The term `military retirement system' includes military 
        retired pay programs under chapters 61, 63, 65, and 67 of this 
        title and the Survivor Benefit Plan established by chapter 73 
        of this title.

``Sec. 1802. Cover enhancement authority

  ``(a) Authority.--Notwithstanding any other provision of law, the 
Secretary of Defense may exercise the authorities under this chapter to 
protect from unauthorized disclosure--
          ``(1) intelligence operations of the Department of Defense;
          ``(2) the identities of undercover officers;
          ``(3) intelligence sources and methods; or
          ``(4) cover mechanisms.
  ``(b) Designation of Employees and Members.--(1) Subject to paragraph 
(2), the Secretary of Defense may designate any employee of the 
Department of Defense or member of the armed forces who is under cover 
to be an employee or a member to whom this chapter applies.
  ``(2) The Secretary of Defense may not designate more than 15 persons 
under paragraph (1) in a fiscal year unless the Secretary provides 
notice of the intent to designate more than 15 persons in such fiscal 
year to the congressional defense committees and the congressional 
intelligence committees (as such term is defined in section 3 of the 
National Security Act of 1957 (50 U.S.C. 3003)).
  ``(3) A designation may be made under this subsection with respect to 
any or all authorities exercised under this chapter.
  ``(c) Interagency Coordination and Support.--Establishment of any 
such cover enhancement authority for intelligence operations of the 
Department of Defense shall be pre-coordinated using processes and 
procedures for intelligence community deconfliction mutually agreed 
upon by the Secretary of Defense and the Director of the Central 
Intelligence Agency.

``Sec. 1803. Compensation

  ``The Secretary of Defense may pay a designated employee or 
designated member salary, allowances, and other benefits in an amount 
and in a manner consistent with the cover of that employee or member, 
without regard to any limitation that is otherwise applicable to a 
Federal employee or member of the armed forces. A designated employee 
or designated member may accept, use, and, to the extent authorized by 
regulations prescribed under this chapter, retain any salary, 
allowances, and other benefits provided under this chapter.

``Sec. 1804. Retirement benefits

  ``(a) Establishment of Retirement System.--The Secretary of Defense 
may establish, administer, contract for, or implement through another 
Federal department or agency, a cover retirement system for designated 
employees and designated members (and the spouse, former spouses, and 
survivors of such designated employees and designated members). A 
designated employee or designated member may not receive credit for 
service under the retirement system established under this paragraph 
and another Federal retirement system for the same time period.
  ``(b) Conversion to Other Federal Retirement System.--A designated 
employee or designated member participating in the retirement system 
established under subsection (a) may convert to coverage under the 
Federal retirement system or military retirement system that would 
otherwise apply to such employee or member at any appropriate time 
determined by the Secretary of Defense (including at the time of 
separation of service by reason of retirement), if the Secretary of 
Defense determines that the participation of the employee or member in 
the retirement system established under this subsection is no longer 
necessary to protect from unauthorized disclosure--
          ``(1) intelligence operations;
          ``(2) the identities of undercover officers;
          ``(3) intelligence sources and methods; or
          ``(4) cover mechanisms.
  ``(c) Conversion Treatment.--Upon a conversion under subsection (b)--
          ``(1) all periods of service under the retirement system 
        established under this section shall be deemed periods of 
        creditable service under the applicable Federal retirement 
        system or military retirement system;
          ``(2) the Secretary of Defense shall transmit an amount for 
        deposit in any applicable fund of that Federal retirement 
        system or military retirement system that--
                  ``(A) is necessary to cover all employee or member 
                and agency contributions including--
                          ``(i) interest as determined by the head of 
                        the agency administering the Federal retirement 
                        system or military retirement system into which 
                        the employee or member is converting; or
                          ``(ii) in the case of an employee or member 
                        converting into the Federal Employee's 
                        Retirement System or military retirement 
                        system, interest as determined under chapter 84 
                        of title 5 or chapter 74 of this title, as the 
                        case may be; and
                  ``(B) ensures that such conversion does not result in 
                any unfunded liability to that fund; and
          ``(3) in the case of a designated employee or designated 
        member who participated in an employee or member investment 
        retirement system established under subsection (a) and is 
        converted to coverage under the Federal retirement system or 
        military retirement system, the Secretary of Defense may 
        transmit any or all amounts of that designated employee or 
        designated member in that employee or military investment 
        retirement system (or similar part of that retirement system) 
        to the Thrift Savings Fund.
  ``(d) Transmitted Amounts.--(1) Amounts described under subsection 
(c)(2) shall be paid from any fund the Secretary of Defense deems 
appropriate.
  ``(2) The Secretary of Defense may use amounts contributed by the 
designated employee or designated member to a retirement system 
established under subsection (a) to offset amounts paid under paragraph 
(1).
  ``(e) Records.--The Secretary of Defense shall transmit all necessary 
records relating to a designated employee or designated member who 
converts to a Federal retirement system or military retirement system 
under subsection (b) (including records relating to periods of service 
which are deemed to be periods of creditable service under subsection 
(c)(1)) to the head of the agency administering that Federal retirement 
system or military retirement system.

``Sec. 1805. Health insurance benefits

  ``(a) In General.--The Secretary of Defense may establish, 
administer, contract for, or implement through another Federal agency, 
a cover health insurance program for designated employees and 
designated members and eligible family members. A designated employee 
or designated member may not participate in the health insurance 
program established under this section and the program under chapter 89 
of title 5 or chapter 55 of this title at the same time.
  ``(b) Conversion to Federal Employees Health Benefits Program.--A 
designated employee participating in the health insurance program 
established under subsection (a) may convert to coverage under the 
program under chapter 89 of title 5, and a designated member 
participating in the program established under subsection (a) may 
convert to coverage under the program under chapter 55 of this title or 
chapter 17 of title 38, at any appropriate time determined by the 
Secretary of Defense (including at the time of separation of service by 
reason of retirement), if the Secretary of Defense determines that the 
participation of the employee or member in the health insurance program 
established under this subsection is no longer necessary to protect 
from unauthorized disclosure--
          ``(1) intelligence operations;
          ``(2) the identities of undercover officers;
          ``(3) intelligence sources and methods; or
          ``(4) cover mechanisms.
  ``(c) Conversion Treatment.--Upon a conversion of a designated 
employee under subsection (b)--
          ``(1) the employee (and family, if applicable) shall be 
        entitled to immediate enrollment and coverage under chapter 89 
        of title 5;
          ``(2) any requirement of prior enrollment in a health 
        benefits plan under chapter 89 of title 5 for continuation of 
        coverage purposes shall not apply;
          ``(3) the employee shall be deemed to have had coverage under 
        chapter 89 of title 5 from the first opportunity to enroll for 
        purposes of continuing coverage; and
          ``(4) the Secretary of Defense shall transmit an amount for 
        deposit in the Employees' Health Benefits Fund that is 
        necessary to cover any costs of such conversion.
  ``(d) Transmitted Amounts.--Any amount described under subsection 
(c)(4) shall be paid from any fund the Secretary of Defense deems 
appropriate.
  ``(e) Eligible Family Member Defined.--In this section, the term 
`eligible family member' means--
          ``(1) with respect to an employee, a member of a family as 
        defined in section 8901 of title 5; and
          ``(2) with respect to a member of the armed forces, a 
        dependent as defined in section 1072 of this title.

``Sec. 1806. Life insurance benefits

  ``(a) In General.--The Secretary of Defense may establish, 
administer, contract for, or implement through another Federal agency, 
a cover life insurance program for designated employees and designated 
members (and the family of such designated employees or designated 
members). A designated employee or designated member may not 
participate in the life insurance program established under this 
section and the program under chapter 87 of title 5 for the same time 
period.
  ``(b) Conversion to Federal Employees Group Life Insurance Program.--
A designated employee participating in the life insurance program 
established under subsection (a) may convert to coverage under the 
program under chapter 87 of title 5, and a designated member 
participating in the life insurance program established under 
subsection (a) may convert to coverage under the program under chapter 
19 of title 38, at any appropriate time determined by the Secretary of 
Defense (including at the time of separation of service by reason of 
retirement), if the Secretary of Defense determines that the 
participation of the employee or member in the life insurance program 
established under this section is no longer necessary to protect from 
unauthorized disclosure--
          ``(1) intelligence operations;
          ``(2) the identities of undercover officers;
          ``(3) intelligence sources and methods; or
          ``(4) cover mechanisms.
  ``(c) Conversion Treatment.--Upon a conversion of a designated 
employee under subsection (b)--
          ``(1) the employee (and family, if applicable) shall be 
        entitled to immediate coverage under chapter 87 of title 5;
          ``(2) any requirement of prior enrollment in a life insurance 
        program under chapter 87 of title 5 for continuation of 
        coverage purposes shall not apply;
          ``(3) the employee shall be deemed to have had coverage under 
        chapter 87 of title 5 for the full period of service during 
        which the employee would have been entitled to be insured for 
        purposes of continuing coverage; and
          ``(4) the Secretary of Defense shall transmit an amount for 
        deposit in the Employees' Life Insurance Fund that is necessary 
        to cover any costs of such conversion.
  ``(d) Transmitted Amounts.--Any amount described under subsection 
(c)(4) shall be paid from any fund the Secretary of Defense deems 
appropriate.

``Sec. 1807. Exemption from certain requirements

  ``The Secretary of Defense may exempt a designated employee or 
designated member from mandatory compliance with any Federal 
regulation, rule, standardized administrative policy, process, or 
procedure that the Secretary of Defense determines--
          ``(1) would be inconsistent with the cover of that employee 
        or member; and
          ``(2) could expose that employee to detection as a Federal 
        employee or that member as a member of the armed forces.

``Sec. 1808. Taxation and social security

  ``(a) In General.--Notwithstanding any other provision of law, a 
designated employee or designated member--
          ``(1) shall file a Federal or State tax return as if that 
        employee or member is not a Federal employee or member of the 
        armed forces and may claim and receive the benefit of any 
        exclusion, deduction, tax credit, or other tax treatment that 
        would otherwise apply if that designated employee was not a 
        Federal employee or that designated member was not a member of 
        the armed forces, if the Secretary of Defense determines that 
        taking any action under this subsection is necessary to protect 
        from unauthorized disclosure--
                  ``(A) intelligence operations;
                  ``(B) the identities of undercover officers;
                  ``(C) intelligence sources and methods; or
                  ``(D) cover mechanisms; and
          ``(2) shall receive social security benefits based on the 
        social security contributions made.
  ``(b) Compensation for Certain Increased Tax Liability.--In the case 
of a designated employee or designated member who files a tax return as 
provided in subsection (a)(1), the Secretary may increase (on a 
grossed-up basis) the compensation of such employee or member under 
section 1803 to account for any increased income tax liability 
attributable to having so filed.
  ``(c) Internal Revenue Service Review.--The Secretary of Defense 
shall establish procedures to carry out this section. The procedures 
shall be subject to periodic review by the Internal Revenue Service.

``Sec. 1809. Regulations

  ``The Secretary of Defense shall prescribe regulations to carry out 
this chapter. The regulations shall ensure that the combination of 
salary, allowances, and benefits that an employee or member designated 
under this chapter may retain does not significantly exceed, except to 
the extent determined by the Secretary of Defense to be necessary to 
exercise the authority in this chapter, the combination of salary, 
allowances, and benefits otherwise received by employees or members not 
designated under this chapter.

``Sec. 1810. Finality of decisions

  ``Any determinations authorized by this chapter to be made by the 
Secretary of Defense or a designee of the Secretary shall be final and 
conclusive and may not be subject to review by any court.

``Sec. 1811. Subsequently enacted laws

  ``No law enacted after the effective date of this chapter shall 
affect the authorities and provisions of this chapter unless such law 
specifically refers to this chapter.''.

SEC. 423. AUTHORITY OF ARMY COUNTERINTELLIGENCE AGENTS TO EXECUTE 
                    WARRANTS AND MAKE ARRESTS.

  (a) Authority to Execute Warrants and Make Arrests.--Section 7377 of 
title 10, United States Code, is amended--
          (1) in the section heading, by inserting ``and Army 
        Counterintelligence Command'' before the colon; and
          (2) in subsection (b)--
                  (A) by striking ``any employee of the Department of 
                the Army who is a special agent'' and inserting the 
                following: ``any employee of the Department of the Army 
                who is--
          ``(1) a special agent'';
                  (B) in paragraph (1), as designated by subparagraph 
                (A), by striking the period at the end and inserting 
                ``; or''; and
                  (C) by adding at the end the following new paragraph:
          ``(2) a special agent of the Army Counterintelligence Command 
        (or a successor to that command) whose duties include 
        conducting, supervising, or coordinating counterintelligence 
        investigations involving potential or alleged violations 
        punishable under chapter 37, 113B, or 115 of title 18, and 
        similar offenses punishable under this title.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 747 of such title is amended by striking the item relating to 
section 7377 and inserting the following new item:

``7377. Civilian special agents of the Criminal Investigation Command 
and Army Counterintelligence Command: authority to execute warrants and 
make arrests.''.

SEC. 424. INCLUSION OF SPACE FORCE AS ELEMENT OF INTELLIGENCE 
                    COMMUNITY.

  Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C. 
3003(4)(H)) is amended by inserting ``the Space Force,'' after ``the 
Marine Corps,''.

SEC. 425. MILITARY INTELLIGENCE COLLECTION AND ANALYSIS PARTNERSHIPS.

  (a) Use of Appropriated Funds.--The Director of the Defense 
Intelligence Agency may use not more than $10,000,000 of appropriated 
funds available to the Defense Intelligence Agency for each fiscal year 
to pay for the expenses of partnerships with foreign countries, 
regional organizations with defense, intelligence, or security 
components, and security alliances of which the United States is a 
member for military intelligence collection and analysis activities.
  (b) Use of Funds Other Than Appropriated Funds.--Notwithstanding any 
other provision of law, the Director may use funds other than 
appropriated funds to pay for the expenses of partnerships with foreign 
countries, regional organizations with defense or security components, 
and security alliances of which the United States is a member for 
military intelligence collection and analysis activities, except that--
          (1) no such funds may be expended, in whole or in part, by or 
        for the benefit of the Defense Intelligence Agency for a 
        purpose for which Congress had previously denied funds;
          (2) proceeds from the sale of military intelligence 
        collection and analysis items may be used only to purchase 
        replacement items similar to the items that are sold; and
          (3) the authority provided by this subsection may not be used 
        to acquire items or services for the principal benefit of the 
        United States.
  (c) Logistic Support, Supplies, and Services.--Notwithstanding any 
other provision of law, the Director may exercise the authority under 
this section to pay for, or otherwise facilitate, the logistic support, 
supplies, and services associated with partnerships with foreign 
countries, regional organizations with defense or security components, 
and security alliances of which the United States is a member.
  (d) Coordination With Secretary of State.--The Director of the 
Defense Intelligence Agency shall coordinate the military intelligence 
collection and analysis activities funded pursuant to this section with 
the Secretary of State.
  (e) Coordination With Director of National Intelligence.--The 
Director of the Defense Intelligence Agency shall coordinate the 
military intelligence collection and analysis activities funded 
pursuant to this section with the Director of National Intelligence.
  (f) Budget Exhibit.--With respect to each fiscal year in which this 
section is carried out, the Secretary of Defense shall ensure that the 
defense budget materials include a budget exhibit detailing the receipt 
and disbursements of funds to be used by the Director of the Defense 
Intelligence Agency under subsections (a) and (b).
  (g) Sunset.--
          (1) In general.--Subject to paragraph (2), the authority to 
        carry out this section shall terminate on the date that is 5 
        years after the date of the enactment of this Act.
          (2) Exception.--A military intelligence collection and 
        analysis activity for which funds have been obligated under 
        this section before the date on which the authority to carry 
        out this section terminates under paragraph (1) may continue 
        until the completion of the activity.
  (h) Definitions.--In this section:
          (1) Defense budget materials.--The term ``defense budget 
        materials'' has the meaning given that term in section 231 of 
        title 10, United States Code.
          (2) Military intelligence collection and analysis activity.--
        The term ``military intelligence collection and analysis 
        activity'' means--
                  (A) the conduct of a combined human intelligence and 
                counterintelligence activity;
                  (B) the collection, processing, exploitation, 
                analysis, and dissemination of all-source intelligence;
                  (C) the conduct of a foreign defense intelligence 
                liaison relationship or defense intelligence exchange 
                program; or
                  (D) the research, development, acquisition, and 
                sustainment of an information technology system or 
                telecommunication capability in support of an activity 
                described in subparagraph (A), (B), or (C).

SEC. 426. INTELLIGENCE ASSESSMENT OF EFFECTS OF COUNTERTERRORISM 
                    STRIKES.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) the intelligence community is responsible for ensuring 
        that products compliant with analytic tradecraft are available 
        to the operational elements of the Department of Defense;
          (2) such products must be prepared with the rigor necessary 
        to determine the status of a potential terrorist target, the 
        role of the target, how critical the target is to the 
        operations of a terrorist group, and the effect removing that 
        individual would have on the strategic threat to the United 
        States, United States persons overseas, members of the United 
        States Armed Forces overseas, or facilities of the United 
        States overseas; and
          (3) the intelligence community is also responsible for 
        assessing the strategic impact of counterterrorism strikes to 
        determine whether the anticipated or desired impact on the 
        terrorist group or network was achieved.
  (b) Intelligence Assessment.--The Director of the Defense 
Intelligence Agency, in coordination with the directorates of 
intelligence of the combatant commands, shall produce an intelligence 
assessment of the effects of counterterrorism strikes conducted by the 
Armed Forces on targets outside of areas of active hostilities during 
the 5-year period preceding the date of the enactment of this Act.
  (c) Elements.--The assessment under subsection (b) shall include the 
following:
          (1) With respect to the counterterrorism strikes covered by 
        the assessment--
                  (A) the short- and long-term effects of the strike on 
                the planned external operations of the respective 
                terrorist group, particularly the operations targeting 
                the United States, United States persons overseas, 
                members of the United States Armed Forces overseas, or 
                facilities of the United States overseas;
                  (B) the effects of the strike on the intent of the 
                respective terrorist group to conduct external 
                operations, particularly the operations targeting the 
                United States, United States persons overseas, members 
                of the United States Armed Forces overseas, or 
                facilities of the United States overseas;
                  (C) the effects of the strike on the recruitment of 
                the respective terrorist group;
                  (D) the effects of the strike on the local perception 
                of the respective terrorist group, the host country, 
                and the United States; and
                  (E) the effects of the strike on the capabilities of 
                the host country to conduct operations against the 
                targeted group.
          (2) An identification of the number and quality of finished 
        intelligence products that assessed the effects that a 
        counterterrorism strike of the United States would have, or did 
        have, against specific terrorist individuals or groups.
          (3) Recommendations to improve the efficacy, accuracy, and 
        timeliness of intelligence analysis to increase the strategic 
        effect of counterterrorism strikes.
  (d) Report.--
          (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Director shall submit to the 
        appropriate congressional committees a report containing the 
        intelligence assessment under subsection (b) and the judgments 
        under paragraph (2).
          (2) Judgments.--The report shall include the following 
        judgments:
                  (A) What percentage of counterterrorism strikes 
                covered by the intelligence assessment under subsection 
                (b) had a short-term effect on the planned external 
                operations of the respective terrorist group, 
                particularly the operations targeting the United 
                States, United States persons overseas, members of the 
                United States Armed Forces overseas, or facilities of 
                the United States overseas.
                  (B) What percentage of counterterrorism strikes 
                covered by the intelligence assessment under subsection 
                (b) had a long-term effect on the planned external 
                operations of the respective terrorist group, 
                particularly the operations targeting the United 
                States, United States persons overseas, members of the 
                United States Armed Forces overseas, or facilities of 
                the United States overseas.
                  (C) A qualitative assessment of the effects of the 
                counterterrorism strikes.
          (3) Form.--The report under paragraph (1) may be submitted in 
        classified form, except that the judgments under paragraph (2) 
        shall be in unclassified form.
  (e) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the following:
                  (A) The congressional intelligence committees.
                  (B) The congressional defense committees (as defined 
                in section 101(a)(16) of title 10, United States Code).
          (2) Counterterrorism strike.--The term ``counterterrorism 
        strike'' means an air strike conducted by the United States 
        Armed Forces targeting a specific individual that is not a 
        defensive strike conducted to reduce imminent danger to the 
        United States Armed Forces or specifically designated partner 
        forces of the United States.
          (3) External operations.--The term ``external operations'', 
        with respect to a terrorist group, means violent or lethal 
        operations conducted outside the country or region of origin of 
        the terrorist group.

SEC. 427. SUBMISSION OF CERTAIN LEGISLATIVE PROPOSALS.

  (a) Requirement.--In submitting a covered legislative proposal, the 
Secretary of Defense shall also simultaneously submit to the 
congressional intelligence committees the proposal, including a brief 
explanation of the proposal.
  (b) Form.--A covered legislative proposal submitted under subsection 
(a) shall be submitted in unclassified form, but may contain a 
classified annex.
  (c) Covered Legislative Proposal Defined.--In this section, the term 
``covered legislative proposal'' means a provision of legislation 
proposed by the Secretary of Defense to Congress that is approved by 
the Office of Management and Budget and involves the grant, expansion, 
modification, or cessation of authority involving the intelligence, 
intelligence-related, or tactical intelligence activities of the 
Department of Defense.

SEC. 428. OVERSIGHT OF DEFENSE INTELLIGENCE AGENCY CULTURE.

  (a) Findings.--Congress finds the following:
          (1) The Defense Intelligence Agency has not taken sufficient 
        steps to address an unhealthy culture at the Agency.
          (2) In the report of the Permanent Select Committee on 
        Intelligence of the House of Representatives accompanying H.R. 
        5412 of the 117th Congress (H. Rept. 117-156), the Committee 
        mandated several reports and briefings for which the Defense 
        Intelligence Agency failed to respond in a timely manner.
          (3) The Agency has committed to improving Agency culture and 
        leadership; however, actions taken to date fall short of 
        addressing the permissive environment for management abuses.
  (b) Mandatory Provision of Exit Survey or Interview.--
          (1) In general.--The Director of the Defense Intelligence 
        Agency shall ensure that each employee of such Agency who 
        leaves employment with such Agency (but not including any 
        detail assignment) completes an exit survey or exit interview 
        prior to such departure, to the extent practicable.
          (2) Annual submissions to congress.--On an annual basis 
        during the 3-year period beginning on the date of the enactment 
        of this Act, the Director of the Defense Intelligence Agency 
        shall submit to the congressional intelligence committees a 
        written analysis of the results of the exit surveys or exit 
        interviews completed pursuant to paragraph (1) during the year 
        covered by the report together with a plan of the Director to 
        address any issues identified pursuant to such results to 
        improve retention and culture.
  (c) Congressional Oversight Relating to Workforce Climate Surveys.--
          (1) Notifications of ad-hoc workforce climate surveys.--Not 
        later than 14 days after the date on which the Director of the 
        Defense Intelligence Agency conducts an ad-hoc workforce 
        climate survey (including in response to a specific incident or 
        concern), the Director shall notify the congressional 
        intelligence committees.
          (2) Reports on final results.--Not later than 90 days after 
        the date on which the Director of the Defense Intelligence 
        Agency concludes the conduct of any workforce climate survey, 
        the Director shall submit to the congressional intelligence 
        committees a report containing the final results of such 
        workforce climate survey. Such report shall include the 
        following:
                  (A) The topic of the workforce climate survey, and 
                the workforce level surveyed.
                  (B) The rationale for conducting the workforce 
                climate survey.
                  (C) The measures in place to ensure the accessibility 
                of the workforce climate survey.
                  (D) The lead official or entity conducting the 
                workforce climate survey.
                  (E) Any actions the Director intends to take, or is 
                considering, in response to the results of the 
                workforce climate survey.
          (3) Accessibility of workforce climate surveys.--The Director 
        of the Defense Intelligence Agency shall ensure that, to the 
        extent practicable, and consistent with the protection of 
        intelligence sources and methods, workforce climate surveys are 
        accessible to employees of such Agency on classified and 
        unclassified systems.
  (d) Feasibility Report.--Not later than 270 days after the date of 
enactment of this Act, the Director of the Defense Intelligence Agency 
shall submit to the congressional intelligence committees a report 
containing an analysis of the feasibility (including the anticipated 
cost, personnel requirements, necessary authorities, and such other 
matters as may be determined appropriate by the Director for purposes 
of analyzing feasibility) of--
          (1) conducting 360-degree performance reviews among employees 
        of the Defense Intelligence Agency; and
          (2) including leadership suitability assessments (including 
        personality evaluations, communication style assessments, and 
        emotional intelligence aptitude assessments) for promotions of 
        such employees to a position within grade GS-14 or above of the 
        General Schedule.
  (e) Workforce Climate Survey Defined.--In this section, the term 
``workforce climate survey''--
          (1) means a workforce engagement or climate survey conducted 
        at the agency, directorate, career field, or integrated 
        intelligence center level, without regard to whether the survey 
        is conducted on an annual or ad-hoc basis; and
          (2) does not include an exit survey specified in subsection 
        (b).

SEC. 429. CYBER INTELLIGENCE SURVEILLANCE RECONNAISSANCE INFORMATION.

  (a) Quarterly Briefings.--On a quarterly basis, the Secretary of 
Defense shall provide to the appropriate congressional committees a 
briefing on, with respect to the period covered by the briefing, the 
intelligence activities occurring in cyberspace in support of current 
and future offensive cyberspace operations or defensive cyberspace 
operations.
  (b) Annual Certifications.--Not later than 180 days after the date of 
the enactment of this Act, and annually thereafter for 5 years, the 
Secretary of Defense shall certify to the appropriate congressional 
committees that, with respect to the period covered by the 
certification, the Secretary has reported to such committees all 
intelligence activities occurring in cyberspace in support of current 
and future offensive cyberspace operations or defensive cyberspace 
operations.
  (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
          (1) The congressional intelligence committees.
          (2) The congressional defense committees (as defined in 
        section 101(a)(16) of title 10, United States Code).

SEC. 430. INFORMATION ON COVER ACTIVITIES OF DEPARTMENT OF DEFENSE.

  (a) Information.--Not less frequently than quarterly, the Secretary 
of Defense shall provide to the appropriate congressional committees 
information on the cover activities of the Department of Defense.
  (b) Elements.--The Secretary shall ensure that the information 
provided under subsection (a) includes, with respect to the period 
covered by the information, the following:
          (1) A detailed description of each cover activity or cover 
        support activity provided by an element of the Department of 
        Defense to an activity, operation, or other initiative of the 
        Department of Defense or other department or agency of the 
        United States Government, including--
                  (A) a description of the specific activity; and
                  (B) when such activity was approved or 
                decommissioned.
          (2) Any other matters the Secretary determines appropriate.
  (c) Form.--The information under subsection (a) may be provided in 
classified form.
  (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the congressional intelligence committees; and
          (2) the congressional defense committees (as defined in 
        section 101(a)(16) of title 10, United States Code).

                       Subtitle D--Other Elements

SEC. 441. AUTHORIZATION RELATING TO CERTAIN INTELLIGENCE AND 
                    COUNTERINTELLIGENCE ACTIVITIES OF COAST GUARD.

  (a) Authorization.--Subject to subsection (b), and consistent with 
the policies, procedures, and coordination required pursuant to section 
811 of the Counterintelligence and Security Enhancements Act of 1994 
(50 U.S.C. 3381) and section 902 of the Counterintelligence Enhancement 
Act of 2002 (50 U.S.C. 3382), the Commandant of the Coast Guard may 
expend amounts made available for the intelligence and 
counterintelligence activities of the Coast Guard to conduct such an 
activity without regard to any other provision of law or regulation 
relating to the expenditure of Government funds, if--
          (1) the object of the activity is of a confidential, 
        extraordinary, or emergency nature; and
          (2) following each such expenditure, the Commandant submits 
        to the congressional intelligence committees a certification 
        that the object of the activity conducted was of a nature 
        described in paragraph (1).
  (b) Limitation.--Of the funds made available for a fiscal year for 
the intelligence and counterintelligence activities of the Coast Guard, 
not more than 5 percent may be expended during the fiscal year under 
subsection (a) to conduct such activities in accordance with such 
subsection unless, for each intended expenditure in excess of such 
percentage--
          (1) the Commandant submits to the congressional intelligence 
        committees a notification of the intent to expend the amounts; 
        and
          (2) a period of 30 days has elapsed following the date on 
        which the Commandant submits such notification.
  (c) Annual Report.--
          (1) Submission.--Not later than December 1 of each year, the 
        Commandant shall submit to the congressional intelligence 
        committees a report on all expenditures during the preceding 
        fiscal year under subsection (a).
          (2) Matters.--Each report under paragraph (1) shall include, 
        for each individual expenditure covered by such report that is 
        in excess of the percentage specified in subsection (b) for the 
        relevant fiscal year, the following:
                  (A) A detailed description of the purpose of such 
                expenditure.
                  (B) The amount of such expenditure.
                  (C) An identification of the approving authority for 
                such expenditure.
                  (D) A justification as to why other authorities 
                available to the Coast Guard could not be used for such 
                expenditure.
                  (E) Any other matters the Commandant considers 
                appropriate.
  (d) Congressional Intelligence Committees Defined.--In this section, 
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).
  (e) Sunset.--This section shall cease to have effect on the date that 
is 3 years after the date of the enactment of this Act.

SEC. 442. STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE PARTNERSHIP 
                    PROGRAM.

  (a) Study.--The Director of National Intelligence and the Director of 
the Office of Intelligence and Counterintelligence of the Department of 
Energy, in consultation with the National Laboratories Directors' 
Council, shall jointly conduct a study of the skills, recruitment, and 
retention of the personnel at the national laboratories who carry out 
projects under the Strategic Intelligence Partnership Program.
  (b) Elements.--The study under subsection (a) shall address the 
following:
          (1) The degree to which the personnel at the national 
        laboratories who carry out projects under the Strategic 
        Intelligence Partnership Program have the requisite training, 
        skillsets, or expertise in critical science, technology, and 
        engineering areas to support ongoing and anticipated projects 
        under such Program, and the sufficiency of such personnel.
          (2) Whether such personnel have compensation, benefits, and 
        pay scales that are competitive with comparable roles in the 
        private sector in the geographic market in which the relevant 
        national laboratory is located.
          (3) Any challenges associated with the retention of such 
        personnel.
          (4) The talent composition of such personnel, broken down by 
        career phase and degree status, to include any relevant exit 
        survey data.
          (5) A description of current or previous programs enabling 
        such personnel to rotate between elements of the intelligence 
        community and the national laboratories, including the number 
        of personnel on nonreimbursable or reimbursable assignment to 
        an element of the intelligence community.
          (6) The degree to which such projects and personnel support 
        or augment other ongoing mission areas and capacities at the 
        national laboratories.
  (c) Recommendations.--Upon completing the study under subsection (a), 
the Directors shall jointly develop findings and recommendations based 
on the results of the study regarding the recruitment and retention of 
personnel at the national laboratories who carry out projects under the 
Strategic Intelligence Partnership Program, including with respect to 
the following:
          (1) New or alternative business models, sponsorship 
        arrangements, or work scope agreements.
          (2) Extending eligibility for existing, or establishing new, 
        recruitment, retention, or other career incentive programs, 
        including student loan repayment and forgiveness programs, to 
        such personnel.
          (3) Initiating geographically flexible or remote work 
        arrangements for such personnel.
          (4) Enabling such personnel to participate in training at 
        elements of the intelligence community, or obtain academic 
        training at the National Intelligence University.
          (5) Establishing new, or enhancing existing, opportunities 
        for detailee or rotational programs among the intelligence 
        community and the national laboratories.
          (6) Using a compensation system modeled on the Cyber Talent 
        Management System of the Department of Homeland Security for 
        such personnel.
          (7) Any other recommendations the Directors determine 
        relevant.
  (d) Report.--
          (1) Requirement.--Not later than one year after the date of 
        the enactment of this Act, the Directors shall jointly submit 
        to the congressional intelligence committees a report 
        containing the study under subsection (a) and the 
        recommendations under subsection (c).
          (2) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex.
  (e) National Laboratories Defined.--In this section, the term 
``national laboratories'' means--
          (1) each national security laboratory (as defined in section 
        3281(1) of the National Nuclear Security Administration Act (50 
        U.S.C. 2471(1))); and
          (2) each national laboratory of the Department of Energy.

SEC. 443. ASSESSMENT OF HANDLING OF CERTAIN INFORMATION RELATING TO 
                    DELIBERATIONS OF BUREAU OF INDUSTRY AND SECURITY.

  (a) Inspectors General Assessment.--
          (1) Requirement.--Not later than 270 days after the date of 
        the enactment of this Act, the Inspector General of the 
        Intelligence Community, in coordination with the Inspector 
        General of the Department of Commerce, shall submit to the 
        appropriate congressional committees an assessment of practices 
        for handling covered information that may, in isolation or in 
        aggregate, cause harm to the national security of the United 
        States.
          (2) Mitigation.--The report under paragraph (1) shall include 
        recommended steps, should any be necessary, to improve the 
        secure handling of covered information, including with respect 
        to whether the decisions and deliberations of the Bureau of 
        Industry and Security of the Department of Commerce that 
        involve covered information should be solely conducted on 
        classified networks.
          (3) Form.--The report under paragraph (1) may be submitted in 
        classified form, consistent with the protection of sources and 
        methods.
  (b) Director of National Intelligence Assessment.--
          (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall conduct an assessment of how covered 
        information is transmitted, stored, and secured.
          (2) Matters included.--The assessment under paragraph (1) 
        shall include--
                  (A) the projected cost of installing classified 
                information systems for use by the Bureau of Industry 
                and Security; and
                  (B) the feasibility of identifying secured office 
                space for such systems.
          (3) Submission.--Not later than 210 days after the date of 
        enactment of this Act, the Director shall submit to the 
        appropriate congressional committees the findings of the 
        assessment under paragraph (1).
  (c) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the congressional intelligence committees;
                  (B) the Committee on Energy and Commerce of the House 
                of Representatives; and
                  (C) the Committee on Commerce, Science, and 
                Transportation of the Senate.
          (2) Covered information.--The term ``covered information'' 
        means information provided by an element of the intelligence 
        community to the Bureau of Industry and Security of the 
        Department of Commerce as part of decisions or deliberations by 
        the Bureau or information or material derived from classified 
        deliberative or decisional interagency policy documents.

           TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

                      Subtitle A--General Matters

SEC. 501. DEFINITIONS.

  In this title:
          (1) Emerging technology company.--The term ``emerging 
        technology company'' means a company that is in the business of 
        maturing and selling technology that is in a developmental 
        stage, or that may be developed during the 10-year period 
        beginning on January 1, 2022, including with respect to 
        biotechnology, quantum information science, future generation 
        wireless technology, advanced materials, artificial 
        intelligence, nanotechnology, microelectronics, space 
        technology, renewable energy generation and storage, advanced 
        computing, and human-machine interfaces.
          (2) Small- or medium-sized emerging technology company.--The 
        term ``small- or medium-sized emerging technology company'' 
        means an emerging technology company with fewer than 1,000 
        employees.

SEC. 502. OFFICIALS RESPONSIBLE FOR ARTIFICIAL INTELLIGENCE POLICIES OF 
                    THE INTELLIGENCE COMMUNITY.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) the intelligence community must rapidly adopt artificial 
        intelligence into its workflows to compete with United States 
        adversaries, and keep pace with and leverage commercial 
        cutting-edge technologies;
          (2) while pockets of success are present across the 
        intelligence community, Congress is concerned that artificial 
        intelligence has not scaled appropriately and continues to lag 
        behind industry;
          (3) broadly, Congress believes that the Director of National 
        Intelligence should be primarily responsible for setting the 
        policies and procedures as they relate to artificial 
        intelligence adoption, acquiring any necessary common 
        infrastructure such as training data, intelligence community-
        wide contracts for data labelers, cloud storage and compute 
        capabilities, and other infrastructure necessary for 
        intelligence community elements rapidly to adopt artificial 
        intelligence; and
          (4) the heads of the elements of the intelligence community 
        should be primarily responsible for acquiring and developing 
        agency-specific artificial intelligence applications, in 
        coordination with the Director and the heads of the elements of 
        the intelligence community, and assisting the Director with 
        preparing the necessary infrastructure such as data, hardware, 
        and software for the intelligence community to adopt artificial 
        intelligence applications.
  (b) Requirement to Develop Definition.--Section 309(a) of the 
Intelligence Authorization Act for Fiscal Year 2022 (50 U.S.C. 
3316c(a)) is amended--
          (1) by redesignating paragraphs (3) through (24) as 
        paragraphs (4) through (25), respectively; and
          (2) by inserting after paragraph (2) the following new 
        paragraph:
          ``(3) Artificial intelligence.''.
  (c) Director of National Intelligence.--Section 102A(n) of the 
National Security Act of 1947 (50 U.S.C. 3024(n)), as amended by 
section 412(b)(2), is further amended by adding at the end the 
following new paragraph:
  ``(6) The Director of National Intelligence, in consultation with the 
heads of the elements of the intelligence community and the Director of 
Science and Technology, shall establish policies and procedures 
relating to the acquisition and use of artificial intelligence by the 
intelligence community, including with respect to data, computing, 
storage, and models necessary for the intelligence community to 
leverage, incorporate, adopt, and maintain artificial intelligence 
applications.''.
  (d) Director of Science and Technology.--
          (1) Dual-hatted as chief technology officer.--Subsection (a) 
        of section 103E of such Act (50 U.S.C. 3030) is amended by 
        inserting at the end the following new sentence: ``The Director 
        of Science and Technology shall also serve as the Chief 
        Technology Officer of the Office of the Director of National 
        Intelligence.''.
          (2) Appointment.--Subsection (b) of such section is amended 
        to read as follows:
  ``(b) Requirement Relating to Appointment.--An individual appointed 
as Director of Science and Technology shall have a professional 
background and experience appropriate for the duties of the Director of 
Science and Technology. In making such appointment, the Director of 
National Intelligence shall give preference to an individual with 
varied professional experiences, including experience outside of the 
United States Government.''.
          (3) Policies.--Such section is amended--
                  (A) by redesignating subsection (d) as subsection 
                (f); and
                  (B) by inserting after subsection (c) the following 
                new subsection:
  ``(d) Policies.--The Director of Science and Technology shall--
          ``(1) recommend to the Director of National Intelligence 
        policies and procedures for the intelligence community relating 
        to incorporating artificial intelligence in accordance with 
        section 102A(n);
          ``(2) conduct reviews of the policies and procedures of the 
        intelligence community relating to the adoption and integration 
        of technology into the intelligence community, including with 
        respect to, as appropriate--
                  ``(A) incentives and policies relating to human 
                resources;
                  ``(B) incentives and policies relating to acquisition 
                and contracting;
                  ``(C) incentives and policies relating to financial 
                management and budgeting; and
                  ``(D) technology standards and policies;
          ``(3) make recommendations to the Director of National 
        Intelligence with respect to the budgets of the elements of the 
        intelligence community regarding the matters covered by this 
        section, including with respect to reprogramming funds to carry 
        out the intelligence community-wide artificial intelligence 
        mission of the Director of National Intelligence;
          ``(4) coordinate with the Under Secretary of Defense for 
        Research and Engineering on initiatives, policies, and programs 
        carried out jointly between the intelligence community and the 
        Department of Defense;
          ``(5) coordinate with the Director of the Office of Science 
        and Technology Policy to promote intelligence community-
        specific requirements and perspectives within the initiatives 
        of the Office of Science and Technology Policy; and
          ``(6) for purposes of integrating the priorities and 
        requirements of the intelligence community into a broader 
        national strategy on technology, coordinate with the heads of--
                  ``(A) the National Institute for Standards and 
                Technology;
                  ``(B) the National Science Foundation; and
                  ``(C) any other department or agency of the United 
                States Government, federally funded research and 
                development center, or other entity that the Director 
                of Science and Technology determines appropriate.''.
          (4) Clarification of role.--Such section is amended by 
        inserting after subsection (d), as added by paragraph (3), the 
        following new subsection:
  ``(e) Clarification of Role.--The Director of Science and Technology 
may not have operational control over any program directly managed by 
an element of the intelligence community other than the Office of the 
Director of National Intelligence.''.
  (e) Chief Data Officer.--
          (1) In general.--The National Security Act of 1947 (50 U.S.C. 
        3001 et seq.) is amended by inserting after section 103J the 
        following new section (and conforming the table of contents at 
        the beginning of such Act accordingly):

``SEC. 103K. CHIEF DATA OFFICER.

  ``(a) Director of Science and Technology.--There is a Chief Data 
Officer within the Office of the Director of National Intelligence who 
shall be appointed by the Director of National Intelligence. The Chief 
Data Officer is the Chief Data Officer of the Office of the Director of 
National Intelligence for purposes of section 3520 of title 44, United 
States Code.
  ``(b) Requirement Relating to Appointment.--An individual appointed 
as the Chief Data Officer shall have a professional background and 
experience appropriate for the duties of the Chief Data Officer. In 
making such appointment, the Director of National Intelligence shall 
give preference to an individual with varied professional experiences, 
including experience outside of the United States Government.
  ``(c) Duties.--In addition to any other functions and 
responsibilities specified in section 3520 of title 44, United States 
Code, the Chief Data Officer--
          ``(1) shall recommend to the Director of National 
        Intelligence policies and procedures for the intelligence 
        community regarding the acquisition and use of artificial 
        intelligence with respect to the data needs of the intelligence 
        community in support of adopting emerging technologies, in 
        accordance with section 102A(n) and subject to the approval by 
        the Director of National Intelligence, the Director of Science 
        and Technology, and the Chief Information Officer;
          ``(2) shall conduct reviews of the policies and procedures of 
        the intelligence community relating to data, including with 
        respect to data curation, data labeling, data acquisition, data 
        security, data interoperability, and data accessibility, except 
        with respect to such policies and procedures established 
        pursuant to a provision of law or executive order relating to 
        the control, use, retention, collection, or dissemination of 
        data;
          ``(3) shall conduct ongoing reviews of the data policies of 
        the intelligence community, including to ensure that such 
        policies promote interoperability and accessibility with 
        commercial software providers, including by the promotion of 
        open application programming interfaces;
          ``(4) shall coordinate with the Chief Data Officer of the 
        Department of Defense and other relevant officials of the 
        Department to ensure consistent data policies and, to the 
        extent practicable and advisable, consistent standards and 
        policies that ensure data is accessible between relevant 
        elements of the intelligence community and the Department;
          ``(5) may make recommendations to the Director of National 
        Intelligence, acting through the Chief Technology Officer, with 
        respect to the budgets of the elements of the intelligence 
        community regarding data, if such recommendations are--
                  ``(A) consistent with the policies established by the 
                Director; and
                  ``(B) made in furtherance of accelerating the 
                transition to digital business practices across the 
                intelligence community, including with respect to the 
                acquisition, curation, dissemination, and other data 
                practices necessary to adopt artificial intelligence 
                capabilities and other emerging technologies within the 
                intelligence community; and
          ``(6) shall perform other such duties as may be prescribed by 
        the Director of National Intelligence, the Director of Science 
        and Technology, or specified by law.
  ``(d) Identification of Conflicts.--Not later than 60 days after the 
date on which the Chief Data Officer identifies a policy of the 
intelligence community, including with respect to policies governing 
the access to data, that restricts the Chief Data Officer from carrying 
out subsection (c), the Chief Data Officer shall notify the Director of 
National Intelligence and the congressional intelligence committees of 
such policy and restriction.''.
          (2) Incumbent.--The individual serving in the position of 
        Chief Data Officer of the Office of the Director of National 
        Intelligence as of the date of the enactment of this Act may 
        continue to serve in such position without further appointment 
        pursuant to section 103K of the National Security Act of 1947, 
        as added by paragraph (1).

            Subtitle B--Improvements Relating to Procurement

SEC. 511. ADDITIONAL TRANSACTION AUTHORITY.

  (a) Additional Transaction Authority.--The National Security Act of 
1947 (50 U.S.C. 3001 et seq.), as amended by section 502, is further 
amended by inserting after section 102A the following new section (and 
conforming the table of contents at the beginning of such Act 
accordingly):

``SEC. 102B. ADDITIONAL TRANSACTION AUTHORITY.

  ``(a) In General.--In addition to other acquisition authorities, the 
head of an element of the intelligence community may exercise the 
authorities under subsections (b), (c), and (d).
  ``(b) Cooperative Agreements and Grants.--The head of an element of 
the intelligence community may use cooperative agreements and grants, 
in accordance with chapter 63 of title 31, United States Code, to carry 
out basic, applied, and advanced research and development, and 
prototype projects in support of intelligence activities.
  ``(c) Other Transaction Authority.--The head of an element of the 
intelligence community may enter into transactions (other than 
contracts, cooperative agreements, and grants) under the authority of 
this subsection to carry out basic, applied, and advanced research 
projects in support of intelligence activities.
  ``(d) Authority of Elements of the Intelligence Community to Carry 
Out Certain Prototype Projects.--
          ``(1) Authority.--The head of an element of the intelligence 
        community may, under the authority of subsection (c), enter 
        into a transaction to carry out a prototype project in support 
        of intelligence activities only if each party to the 
        transaction, other than the Federal Government, is a covered 
        contractor.
          ``(2) Follow-on production contracts or transactions.--
                  ``(A) In general.--A transaction entered into under 
                this subsection for a prototype project may provide for 
                the award of a follow-on production contract or a 
                follow-on production transaction to the participants in 
                the transaction. A transaction includes all individual 
                prototype subprojects awarded under the transaction to 
                a consortium of United States industry and academic 
                institutions.
                  ``(B) Follow-on production contracts.--A follow-on 
                production contract provided for in a transaction under 
                subparagraph (A) may be awarded to the participants in 
                the transaction without the use of any competitive 
                procedure that would otherwise apply if the following 
                criteria are satisfied:
                          ``(i) The authorizing official of the 
                        relevant element of the intelligence community 
                        determines that Government users of the 
                        proposed production product or production 
                        service have been consulted.
                          ``(ii) In the case of a proposed production 
                        product that is software, there are mechanisms 
                        in place for Government users to provide 
                        feedback to participants to the follow-on 
                        production contract.
                          ``(iii) In the case of a proposed production 
                        product that is software, the follow-on 
                        production contract includes a requirement 
                        that, for the duration of such contract (or 
                        such other period of time as may be agreed to 
                        as a term of such contract)--
                                  ``(I) the participants provide to the 
                                head of the relevant element of the 
                                intelligence community the most up-to-
                                date version of the production product 
                                that is available in the commercial 
                                marketplace; and
                                  ``(II) there are mechanisms in place 
                                for the participants to provide real-
                                time updates to the production product.
                  ``(C) Follow-on production transactions.--A follow-on 
                production transaction provided for in a transaction 
                under subparagraph (A) may be awarded to the 
                participants in the transaction without the use of any 
                competitive procedure that would otherwise apply.
  ``(e) Recovery of Funds.--
          ``(1) In general.--A cooperative agreement authorized by 
        subsection (a) and a transaction authorized by subsection (c) 
        or (d) may include a clause that requires a person to make 
        payments to the Office of the Director of National Intelligence 
        or any other element of the intelligence community as a 
        condition for receiving support under the agreement or other 
        transaction.
          ``(2) Accounting for recovered funds.--The amount of any 
        payment received by the Federal Government pursuant to a 
        requirement imposed under paragraph (1) may be credited to the 
        appropriate account for research and development or 
        procurement. Amounts so credited shall be merged with other 
        funds in the account and shall be available for the same 
        purposes and the same period for which other funds in such 
        account are available.
  ``(f) Education.--The Director of National Intelligence and the heads 
of the elements of the intelligence community shall ensure that 
management, technical, and contracting personnel of the elements of the 
intelligence community who are involved in the award or administration 
of transactions under subsection (c) or (d), or alternative acquisition 
pathways, are afforded opportunities for adequate education and 
training relating to such award or administration.
  ``(g) Agreements Officers.--To ensure adequate availability of staff 
warranted as Agreements Officers, by not later than October 1, 2024, at 
least 50 percent of the contracting staff within the intelligence 
community that hold at least some responsibility for buying technology 
shall have received the appropriate training to become warranted as 
Agreements Officers, who are given authority to execute and administer 
the agreements, grants, and transactions authorized by this section.
  ``(h) Delegation Required.--The Director of National Intelligence and 
the heads of the elements of the intelligence community shall, to the 
maximum extent practicable, delegate the authority to make a 
determination or decision referred to in this section to the official 
responsible for technology adoption in the relevant element of the 
intelligence community, regardless of whether such official serves in 
an acquisition position.
  ``(i) Definitions.--In this section:
          ``(1) Commercial product.--The term `commercial product' has 
        the meaning given that term in section 103 of title 41, United 
        States Code.
          ``(2) Commercial service.--The term `commercial service' has 
        the meaning given that term in section 103a of title 41, United 
        States Code.
          ``(3) Covered contractor.--The term `covered contractor' 
        means a contractor of an element of the intelligence community 
        that is a small- or medium-sized emerging technology company.
          ``(4) Emerging technology company.--The term `emerging 
        technology company' means a company that is in the business of 
        maturing and selling technology that is in a developmental 
        stage, or that may be developed during the 10-year period 
        beginning on January 1, 2022, including with respect to 
        biotechnology, quantum information science, future generation 
        wireless technology, advanced materials, artificial 
        intelligence, nanotechnology, microelectronics, space 
        technology, renewable energy generation and storage, advanced 
        computing, and human-machine interfaces.
          ``(5) Production product.--The term `production product' 
        means any commercial product that is not a prototype or 
        development product and is intended to provide capability to 
        the United States Government at scale as determined by the 
        authorizing official of the relevant element of the 
        intelligence community.
          ``(6) Production service.--The term `production service' 
        means any commercial service that is not a prototype or 
        development service and is intended to provide capability to 
        the United States Government at scale as determined by the 
        authorizing official of the relevant element of the 
        intelligence community.
          ``(7) Small- or medium-sized emerging technology company.--
        The term `small- or medium-sized emerging technology company' 
        means an emerging technology company with fewer than 1,000 
        employees.''.
  (b) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
issue guidance for carrying out the amendments made by subsection (a).

SEC. 512. OFFICES OF COMMERCIAL INTEGRATION.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) Congress is concerned that the administrative and 
        technical burdens on small- and medium-sized emerging 
        technology companies to do business with the intelligence 
        community is inadvertently precluding the most cutting-edge, 
        advanced companies from contracting with the United States 
        Government;
          (2) this dynamic has significant negative consequences for 
        United States national security, including United States global 
        technological competitiveness in the fields of artificial 
        intelligence, quantum computing, and advanced manufacturing, 
        among others;
          (3) some such companies have attempted still to contract with 
        the intelligence community by spending valuable capital and 
        time on government affairs experts to navigate the challenges 
        of integrating into the intelligence community, yet, the 
        administrative and technical burdens of contracting with the 
        intelligence community are often too high even for the 
        companies that are able to afford this consulting;
          (4) Congress believes that the United States Government has 
        both an obligation and an opportunity to assist these 
        technology companies navigate the hurdles it takes to work with 
        the intelligence community to ensure that the Federal 
        Government benefits from the best that the private sector has 
        to offer; and
          (5) doing so will help cultivate an ecosystem of cutting-edge 
        technology companies that can provide products and services 
        that are essential to the missions of the intelligence 
        community, and advance the goal of ensuring United States 
        adversaries do not outpace the United States in these critical 
        fields.
  (b) Plan for Establishment.--
          (1) Submission.--Not later than 1 year after the date of the 
        enactment of this Act, the Director of National Intelligence, 
        in coordination with the heads of the elements of the 
        intelligence community, shall submit to the congressional 
        intelligence committees a plan for the establishment of an 
        office within each element, to be known as the ``Office of 
        Commercial Integration'' of that element, for the purpose of 
        providing administrative assistance to covered contractors.
          (2) Elements.--The plan under paragraph (1) shall include the 
        following:
                  (A) A proposal for the designation of a senior 
                official of the Office of the Director of National 
                Intelligence who shall be responsible for the 
                coordination across the Offices of Commercial 
                Integration.
                  (B) Guidelines requiring each Director of Commercial 
                Integration to share best practices and other 
                information, and coordinate, with the other Directors 
                of Commercial Integration.
                  (C) A timeline of the steps necessary to establish 
                each Office of Commercial Integration by the date that 
                is not later than 2 years after the date of the 
                enactment of this Act.
                  (D) An assessment of the personnel requirements, and 
                any other resource requirements, necessary to establish 
                each Office of Commercial Integration by such date, 
                including an identification of--
                          (i) each Director of Commercial Integration;
                          (ii) the amount of personnel necessary for 
                        the establishment of each Office of Commercial 
                        Integration; and
                          (iii) the necessary qualifications of any 
                        such personnel.
                  (E) Policies regarding the types of administrative 
                assistance that may be provided to covered contractors 
                by each Office of Commercial Integration, taking into 
                account the role of such assistance as an incentive for 
                emerging technology companies to enter into contracts 
                with the heads of the elements of the intelligence 
                community. In developing such policies, the Director of 
                National Intelligence shall prioritize assistance to 
                reduce administrative burdens faced by preferred 
                contractors.
                  (F) Eligibility criteria for determining the types of 
                covered contractors that may receive administrative 
                assistance provided by each Office of Commercial 
                Integration.
                  (G) Guidelines that outline, with respect to a 
                contract, at what stage covered contractors determined 
                eligible pursuant to the criteria specified in 
                subparagraph (F) may receive such administrative 
                assistance.
                  (H) Policies regarding outreach efforts to be 
                conducted by each Director of Commercial Integration 
                with respect to such eligible covered contractors.
                  (I) Policies regarding how the intelligence community 
                will coordinate with the Director of the Federal Bureau 
                of Investigation to provide proactive 
                counterintelligence risk analysis and assistance to 
                private entities.
                  (J) Such other intelligence community-wide policies 
                as the Director of National Intelligence may prescribe 
                relating to the improvement of commercial integration 
                (and the coordination of such improvements) by and 
                among the elements of the intelligence community.
  (c) Deadline for Establishment.--Not later than 2 years after the 
date of the enactment of this Act, each head of an element of the 
intelligence community shall establish within that element, in 
accordance with the plan under subsection (b), an Office of Commercial 
Integration of that element.
  (d) Staff; Detailees.--
          (1) Staff.--Each Director of Commercial Integration may 
        appoint personnel as the Director determines appropriate.
          (2) Detailees.--Upon request of a Director of Commercial 
        Integration, the head of any Federal department of agency may 
        detail, on a reimbursable basis, any of the personnel of such 
        department or agency to the Office of Commercial Integration 
        concerned.
          (3) Expertise.--In appointing personnel under paragraph (1) 
        and accepting detailed personnel pursuant to paragraph (2), 
        each Director of Commercial Integration shall seek to appoint 
        and accept personnel with expertise in a range of disciplines 
        necessary for the accelerated integration of commercial 
        technologies into the intelligence community (as determined by 
        the Director), including expertise in the administrative 
        burdens associated with the following:
                  (A) Authorization to operate certifications.
                  (B) Contracting.
                  (C) Facility clearances.
                  (D) Security clearances.
  (e) Reports Required.--
          (1) Reports.--Not later than 2 years after the date of the 
        enactment of this Act, and annually thereafter for 3 years, 
        each Director of Commercial Integration shall submit to the 
        congressional intelligence committees a report on the status of 
        the Office of Commercial Integration concerned, including the 
        following, with respect to the year covered by the report:
                  (A) A description of the assistance offered by the 
                Director.
                  (B) A description of the methods by which the 
                Director advertised such assistance.
                  (C) Any updates to the policies of such Office.
                  (D) Statistics on the types of covered contractors 
                that received administrative assistance provided by 
                such Office, and the extent of the use of the 
                assistance by such covered contractors.
                  (E) A summary of any successes relating to 
                administrative assistance provided by such Office.
                  (F) Recommendations on how to improve the efficiency 
                or effectiveness of such Office.
                  (G) An identification of any additional resources or 
                authorities necessary for such Office to fulfill the 
                duties of the Office.
          (2) Coordination.--In carrying out paragraph (1), each 
        Director of Commercial Integration shall coordinate with the 
        senior official designated pursuant to subsection (b)(2)(A).
  (f) Definitions.--In this section:
          (1) Covered contractor.--The term ``covered contractor'' has 
        the meaning given that term in section 514(c).
          (2) Director of commercial integration.--The term ``Director 
        of Commercial Integration'' means the head of an Office of 
        Commercial Integration.
          (3) Office of commercial integration concerned.--The term 
        ``Office of Commercial Integration concerned'', with respect to 
        a Director of Commercial Integration, means the Office of 
        Commercial Integration of which that Director is head.
          (4) Preferred contractor.--The term ``preferred contractor'' 
        means a contractor described in section 514(c)(4).

SEC. 513. PILOT PROGRAM FOR DESIGNATION OF CERTAIN SBIR AND STTR 
                    PROJECTS AS ENTREPRENEURIAL INNOVATION PROJECTS.

  (a) Pilot Program.--The Director of National Intelligence shall carry 
out a pilot program to more effectively transition eligible projects 
that present the potential to meet the operational needs of covered 
elements of the intelligence community to Phase III through the 
designation of eligible projects as Entrepreneurial Innovation 
Projects.
  (b) Designation.--
          (1) In general.--Under the pilot program under subsection 
        (a), each head of a covered element of the intelligence 
        community, in consultation with the Director of National 
        Intelligence, shall designate not fewer than 5 eligible 
        projects per year as Entrepreneurial Innovation Projects.
          (2) Required criteria.--The head of a covered element of the 
        intelligence community may designate an eligible project as an 
        Entrepreneurial Innovation Project under paragraph (1) if the 
        head determines the eligible project meets the following 
        criteria:
                  (A) The eligible project demonstrates the potential 
                to--
                          (i) advance the national security 
                        capabilities of the United States;
                          (ii) provide new technologies or processes, 
                        or new applications of existing technologies, 
                        that will enable new alternatives to existing 
                        programs, systems, and initiatives of the 
                        intelligence community;
                          (iii) provide future cost savings; or
                          (iv) significantly reduce the time to deliver 
                        capabilities to the intelligence community.
                  (B) Any other criteria that the head determines 
                appropriate.
          (3) Mitigation of conflicts of interest.--Each head of a 
        covered element of the intelligence community, in consultation 
        with the Director of National Intelligence, shall establish 
        procedures designed to mitigate, to the greatest extent 
        practicable, organizational conflicts of interest relating to 
        the designation of projects under paragraph (1), including 
        conflicts of interest from within a department or agency of the 
        United States Government for which the designation and 
        successful completion of an Entrepreneurial Innovation Project 
        may represent a competing alternative to an existing or 
        proposed program or other activity of such department or 
        agency.
          (4) Applications.--An eligible project seeking a designation 
        under paragraph (1) shall submit to the head of the covered 
        element of the intelligence community from which such 
        designation is sought an application containing--
                  (A) an explanation as to how the eligible project 
                meets the criteria specified in paragraph (2); and
                  (B) such other information as the head, in 
                consultation with the Director of National 
                Intelligence, considers appropriate.
          (5) Revocation of designation.--If the head of a covered 
        element of the intelligence community that previously 
        designated a project under paragraph (1) determines such 
        project no longer meets the required criteria specified in 
        paragraph (2), or that the technology that is the subject of 
        such project has become irrelevant, such head may revoke the 
        Entrepreneurial Innovation Project designation for such 
        project.
  (c) Benefits of Designation.--
          (1) Inclusion in multiyear national intelligence program 
        plan.--The Director of National Intelligence shall include in 
        the relevant multiyear national intelligence program plan 
        submitted to Congress under section 1403 of the National 
        Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 3301) 
        the estimated expenditures of each designated project.
          (2) Inclusion under separate heading.--The designating head 
        shall ensure that each designated project is included under a 
        separate heading in the relevant multiyear national 
        intelligence program plan submitted to Congress under such 
        section 1403 of the National Defense Authorization Act for 
        Fiscal Year 1991 (50 U.S.C. 3301).
          (3) Consideration in programming and budgeting.--Each 
        designated project shall be taken into consideration by the 
        designating head in the programming and budgeting phases of the 
        intelligence planning, programming, budgeting, and evaluation 
        process.
  (d) Reports to Congress.--
          (1) Annual reports.--On an annual basis for each fiscal year 
        during which the pilot program under subsection (a) is carried 
        out, concurrently with the submission of the budget of the 
        President for that fiscal year under section 1105(a) of title 
        31, United States Code, the Director of National Intelligence 
        shall submit to the appropriate congressional committees a 
        report that includes the following:
                  (A) A description of each designated project.
                  (B) A summary of the potential of each designated 
                project, as specified in subsection (b)(2)(A).
                  (C) For each designated project, a description of the 
                progress made toward delivering on such potential.
                  (D) A description of the progress made toward 
                inclusion of the designated project in the future-years 
                intelligence program.
                  (E) Such other information on the status of such 
                pilot program as the Director considers appropriate.
          (2) Final report.--In the final report submitted under 
        paragraph (1) prior to the date of termination under subsection 
        (e), the Director of National Intelligence shall include a 
        recommendation on whether to extend the pilot program under 
        subsection (a) and the appropriate duration of such extension, 
        if any.
  (e) Termination Date.--The authority to carry out the pilot program 
under subsection (a) shall terminate on December 31, 2027.
  (f) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the congressional intelligence committees;
                  (B) the Committee on Small Business of the House of 
                Representatives; and
                  (C) the Committee on Small Business and 
                Entrepreneurship of the Senate.
          (2) Covered element of the intelligence community.--The term 
        ``covered element of the intelligence community'' means the 
        following:
                  (A) The Office of the Director of National 
                Intelligence.
                  (B) The Central Intelligence Agency.
                  (C) The National Security Agency.
                  (D) The National Geospatial-Intelligence Agency.
                  (E) The National Reconnaissance Office.
          (3) Designated project.--The term ``designated project'' 
        means a project that has been designated as an Entrepreneurial 
        Innovation Project under the pilot program under subsection (a) 
        and for which such designation has not been revoked under 
        subsection (b)(5).
          (4) Designating head.--The term ``designating head'' means, 
        with respect to the designation of a project as an 
        Entrepreneurial Innovation Project under the pilot program 
        under subsection (a), the head of the covered element of the 
        intelligence community making such designation.
          (5) Eligible project.--The term ``eligible project'' means a 
        project for which a small business concern has completed a 
        Phase II SBIR or STTR award.
          (6) Phase ii; phase iii; sbir; sttr.--The terms ``Phase II'', 
        ``Phase III'', ``SBIR'', and ``STTR'' have the meanings given 
        such terms in section 9(e) of the Small Business Act (15 U.S.C. 
        638(e)).
          (7) Small business concern.--The term ``small business 
        concern'' has the meaning given such term under section 3 of 
        the Small Business Act (15 U.S.C. 632).

SEC. 514. REDUCTION OF BARRIERS RELATING TO CONTRACTS FOR ARTIFICIAL 
                    INTELLIGENCE AND OTHER EMERGING TECHNOLOGIES.

  (a) Findings; Sense of Congress.--
          (1) Findings.--Congress finds the following:
                  (A) Authorizations to operate are essential to 
                maintaining network and system security.
                  (B) However, Congress is concerned that the executive 
                branch does not have a user-friendly platform or 
                process to adjudicate and review authority to operate 
                applications.
                  (C) Nor is the executive branch resourced to meet the 
                demand for authority to operate certifications from 
                commercial vendors, leading to lengthy delays to bring 
                commercial solutions into government networks and 
                systems.
                  (D) These barriers handicap the executive branch when 
                contracting for cutting-edge technologies.
          (2) Sense of congress.--It is the sense of Congress that--
                  (A) the intelligence community and the Secretary of 
                Defense should develop a resourcing plan to address 
                these issues, including developing common platforms for 
                applications and requirements to be shared with 
                industry, and a process for authority to operate 
                certification reciprocity across the Department of 
                Defense and the intelligence community, with the 
                appropriate safeguards;
                  (B) easing these administrative costs and burdens 
                helps cultivate an ecosystem that incentivizes small- 
                and medium-sized emerging technology companies to work 
                with the Federal Government, which is essential for the 
                United States to compete globally for technology 
                supremacy;
                  (C) sensitive compartmented information facilities 
                are often requirements for companies that wish to 
                conduct business with the intelligence community;
                  (D) unfortunately, the process to accredit and 
                certify a facility as a sensitive compartmented 
                information facility is time consuming and expensive, 
                which further raises the barriers to entry for small- 
                and medium-sized emerging technology companies; and
                  (E) lowering those barriers is an important function 
                of the intelligence community to gain access to the 
                cutting-edge technology offered by such companies.
  (b) Protocol on Authority to Operate Certifications.--
          (1) Protocol.--Not later than 180 days after the date of the 
        enactment of this Act, the Director of National Intelligence, 
        in coordination with the Secretary of Defense, shall develop 
        and submit to the appropriate congressional committees a 
        protocol setting forth policies and procedures relating to 
        authority to operate certifications held by commercial 
        providers.
          (2) Elements.--The protocol under paragraph (1) shall 
        include, at a minimum, the following:
                  (A) A policy that ensures reciprocal recognition 
                among the elements of the intelligence community and 
                the Department of Defense of authority to operate 
                certifications held by commercial providers. Such 
                reciprocal recognition shall be limited to authority to 
                operate certifications for systems that store or 
                provide access to data classified at an equal or higher 
                classification level.
                  (B) Procedures under which a commercial provider that 
                is a contractor of an element of the intelligence 
                community or the Department of Defense and holds an 
                authority to operate certification for a system that 
                relates to the contract concerned may provide to head 
                of such element or the Secretary of Defense, as the 
                case may be, the most recently updated version of any 
                software, data, or application under such system 
                without being required to submit an application for a 
                new or renewed authority to operate certification.
                  (C) Procedures for the automated review, renewal, and 
                revocation of authority to operate certifications held 
                by commercial providers, subject to such conditions as 
                may be prescribed by the Director of National 
                Intelligence, in coordination with the Secretary of 
                Defense.
                  (D) Standard documentation requirements for 
                commercial providers submitting applications for 
                authority to operate certifications. Such requirements 
                shall be--
                          (i) established jointly by the Director of 
                        National Intelligence and the Secretary of 
                        Defense; and
                          (ii) except as provided in paragraph (3), 
                        uniform across the Department of Defense and 
                        the elements of the intelligence community for 
                        each appropriate level of security.
                  (E) A requirement to establish a joint portal of the 
                Office of the Director of National Intelligence and the 
                Department of Defense for the maintenance of records, 
                applications, and system requirements for authority to 
                operate certifications. Such portal shall be designed 
                to store unclassified information, but may provide for 
                the storage of classified information to the extent 
                determined necessary by the Director of National 
                Intelligence and the Secretary of Defense.
                  (F) A workforce plan that addresses the shortage of 
                personnel of the intelligence community who are 
                authorized to grant an authority to operate 
                certification, including recommendations by the 
                Director of National Intelligence for increased pay and 
                other incentives to recruit and retain such personnel.
                  (G) Policies and procedures to ensure coordination 
                across the elements of the intelligence community with 
                respect to the protocol under paragraph (1), including 
                a requirement for--
                          (i) the Director of National Intelligence to 
                        designate an official to lead such coordination 
                        across the intelligence community; and
                          (ii) the head of each element of the 
                        intelligence community to designate an official 
                        of the element to oversee the implementation of 
                        such protocol with respect to the element.
                  (H) Procedures to ensure data security and safety 
                with respect to the implementation of the protocol 
                under paragraph (1).
                  (I) A proposed timeline for the implementation of the 
                protocol under paragraph (1) by the deadline specified 
                in such paragraph.
          (3) Exception to standard documentation requirements.--The 
        Director of National Intelligence and the Secretary of Defense 
        may jointly establish nonuniform documentation requirements for 
        commercial providers submitting applications for authority to 
        operate certifications, in addition to the requirements 
        specified in paragraph (2)(D), only if, prior to such 
        establishment, the Director and Secretary provide to the 
        appropriate congressional committees a briefing on why such 
        additional requirements are necessary.
          (4) Definitions.--In this subsection:
                  (A) The term ``appropriate congressional committees'' 
                means--
                          (i) the congressional intelligence 
                        committees; and
                          (ii) the Committees on Armed Services of the 
                        House of Representatives and the Senate.
                  (B) The term ``authority to operate certification'' 
                means, with respect to a system, a formal designation 
                by a designated approving authority that authorizes the 
                operation of the system by a Federal department or 
                agency and includes an acknowledgment that the Federal 
                department or agency accepts the risk of such 
                operation.
                  (C) The term ``contract concerned'', with respect to 
                a contractor of an element of the intelligence 
                community or the Department of Defense, means the 
                contract entered into by that contractor with the head 
                of the element or the Secretary of Defense, as the case 
                may be.
  (c) Plan to Expand Sensitive Compartmented Information Facility 
Access by Certain Contractors.--
          (1) Plan; briefing.--Not later than 180 days after the date 
        of the enactment of this Act, the Director of National 
        Intelligence and the Secretary of Defense, in consultation with 
        the heads of such other elements of the intelligence community 
        as the Director of National Intelligence may determine 
        appropriate, shall jointly--
                  (A) develop a plan to expand access by covered 
                contractors to sensitive compartmented information 
                facilities for the purpose of providing covered 
                contractors with a facility to securely perform work 
                under covered contracts; and
                  (B) provide to the appropriate congressional 
                committees a briefing on such plan.
          (2) Matters.--The plan under paragraph (1) shall include the 
        following:
                  (A) An overview of the existing sensitive 
                compartmented information facilities, if any, that may 
                be repurposed for the purpose specified in paragraph 
                (1).
                  (B) An assessment of the feasibility of building 
                additional sensitive compartmented information 
                facilities for such purpose.
                  (C) An assessment of the relative costs and benefits 
                of repurposing existing, or building additional, 
                sensitive compartmented information facilities for such 
                purpose.
                  (D) The eligibility criteria for determining which 
                covered contractors may be granted access to sensitive 
                compartmented information facilities for such purpose.
                  (E) An estimate of the maximum number of covered 
                contractors that may be provided access to sensitive 
                compartmented information facilities for such purpose, 
                taking into account the matters specified in 
                subparagraphs (A) and (B).
                  (F) Policies to ensure the efficient and narrow use 
                of sensitive compartmented information facilities for 
                such purpose, including a timeline for the length of 
                such use by a covered contractor and a detailed 
                description of the process to terminate access to the 
                sensitive compartmented information facility by a 
                covered contractor upon--
                          (i) the expiration of the covered contract of 
                        the covered contractor; or
                          (ii) a determination that the covered 
                        contractor no longer has a need for such access 
                        to fulfill the terms of such contract.
                  (G) Pricing structures for the use of sensitive 
                compartmented information facilities by covered 
                contractors for the purpose specified in paragraph (1). 
                Such pricing structures--
                          (i) may include free use (for the purpose of 
                        incentivizing future covered contracts), with 
                        the potential for pricing to increase dependent 
                        on the length of the covered contract, the size 
                        of the covered contractor, and the need for 
                        such use; and
                          (ii) shall ensure that the cumulative cost 
                        for a covered contractor to rent and 
                        independently certify a sensitive compartmented 
                        information facility for such purpose does not 
                        exceed the market average for the Director of 
                        National Intelligence or the Secretary of 
                        Defense to build, certify, and maintain a 
                        sensitive compartmented information facility.
                  (H) A security plan for vetting each covered 
                contractor prior to the access of a sensitive 
                compartmented information facility by the covered 
                contractor for the purpose specified in paragraph (1), 
                and an assessment of potential security concerns 
                regarding such access.
                  (I) A proposed timeline for the expansion of access 
                to sensitive compartmented information facilities in 
                accordance with paragraph (1).
                  (J) Such other matters as the Director of National 
                Intelligence or the Secretary of Defense considers 
                relevant to such expansion.
          (3) Eligibility criteria for covered contractors.--Under the 
        eligibility criteria specified in subparagraph (D)--
                  (A) unless the Director of National Intelligence 
                determines the source of the financing of a covered 
                contractor poses a national security risk, such source 
                of financing may not be taken into consideration in 
                making a determination as to the eligibility of the 
                covered contractor; and
                  (B) preference shall be given to any preferred 
                contractor described in paragraph (4).
          (4) Preferred contractors.--A preferred contractor described 
        in this paragraph is a covered contractor--
                  (A) that is a small business concern that has a Phase 
                I or Phase II SBIR award for a project under a covered 
                contract and demonstrates a need for access to a 
                sensitive compartmented information facility with 
                respect to such ongoing project; or
                  (B) the covered contract of which is a contract 
                entered into with the Director of AFWERX of the Air 
                Force (or such successor program), the Director of the 
                Defense Innovation Unit of the Department of Defense, 
                or the head of any other program or element of the 
                Federal Government with a focus on technology or 
                innovation.
          (5) Definitions.--In this subsection:
                  (A) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                          (i) the congressional intelligence 
                        committees; and
                          (ii) the Committees on Armed Services of the 
                        House of Representatives and the Senate.
                  (B) Covered contract.--The term ``covered contract'' 
                means a contract entered into by a covered contractor 
                with the head of an element of the intelligence 
                community or the Secretary of Defense that relates to 
                the development of technology solutions for the 
                intelligence community or the Department of Defense, as 
                the case may be.
                  (C) Covered contractor.--The term ``covered 
                contractor'' means a contractor of the intelligence 
                community or the Department of Defense that the 
                Director of National Intelligence determines is a 
                small- or medium-sized technology company in an early 
                stage of developing technology solutions pursuant to a 
                covered contract.
                  (D) Phase i; phase ii; sbir.--The terms ``Phase I'', 
                ``Phase II'', and ``SBIR'' have the meanings given 
                those terms in section 9(e) of the Small Business Act 
                (15 U.S.C. 638(e)).
                  (E) Small business concern.--The term ``small 
                business concern'' has the meaning given that term in 
                section 3 of the Small Business Act (15 U.S.C. 632).
  (d) Reports on Expansion of Security Clearances for Certain 
Contractors.--
          (1) Reports.--Not later than 180 days after the date of the 
        enactment of this Act, and annually thereafter for 3 years, the 
        Director of National Intelligence shall submit to the 
        congressional intelligence committees a report on the extent to 
        which security clearance requirements delay, limit, or 
        otherwise disincentivize emerging technology companies from 
        entering into contracts with the United States Government.
          (2) Matters.--Each report under paragraph (1) shall include 
        the following:
                  (A) Statistics on the periods of time between the 
                submission of applications for security clearances by 
                employees of emerging technology companies and the 
                grant of such security clearances, disaggregated by the 
                size of the respective company.
                  (B) The number of security clearances granted to 
                employees of small- or medium-sized emerging technology 
                companies during the period covered by the report.
                  (C) The number of applications for security 
                clearances submitted by employees of emerging 
                technology companies that have yet to be adjudicated as 
                of the date on which the report is submitted.
                  (D) A projection, for the year following the date on 
                which the report is submitted, of the number of 
                security clearances necessary for employees of emerging 
                technology companies to perform work on behalf of the 
                intelligence community during such year, and an 
                assessment of the capacity of the intelligence 
                community to meet such demand.
                  (E) An identification of each occurrence, during the 
                period covered by the report, in which an emerging 
                technology company withdrew from or declined to accept 
                a contract with the United States Government on the 
                sole basis of delays, limitations, or other issues 
                involving security clearances, and a description of the 
                types of business the United States Government has lost 
                as a result of such occurrences.
                  (F) Recommendations for expediting the grant of 
                security clearances to employees of emerging technology 
                companies, including with respect to any additional 
                resources, authorities, or personnel that the Director 
                of National Intelligence determines may be necessary 
                for such expedition.
          (3) Form.--Each report under paragraph (1) may be submitted 
        in classified form, but if so submitted shall include an 
        unclassified executive summary.
          (4) Proposal concurrent with budget submission.--At the time 
        that the President submits to Congress the budget for fiscal 
        year 2024 pursuant to section 1105 of title 31, United States 
        Code, the Director of National Intelligence shall submit to the 
        congressional intelligence committees a proposal to improve the 
        capacity of the workforce responsible for the investigation and 
        adjudication of security clearances, with the goal of reducing 
        the period of time specified in paragraph (2)(A) to less than 
        60 days. Such proposal shall include an identification of any 
        resources the Director determines necessary to expand the 
        number of individuals authorized to conduct polygraphs on 
        behalf of the intelligence community, including by furnishing 
        necessary training to such individuals.

SEC. 515. COMPLIANCE BY THE INTELLIGENCE COMMUNITY WITH REQUIREMENTS OF 
                    THE FEDERAL ACQUISITION REGULATION RELATING TO 
                    COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS AND 
                    COMMERCIAL SERVICES.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) parts 10 and 12 of the Federal Acquisition Regulation 
        broadly require departments and agencies of the United States 
        Government to conduct market research to determine whether 
        commercially available off-the-shelf items, nondevelopmental 
        items, or commercial services are available that could meet the 
        requirements of the department or agency;
          (2) the requirements under such parts 10 and 12, among other 
        important goals, reduce administrative costs and allow 
        expedited acquisition and deployment of such items and 
        services;
          (3) however, such departments and agencies too often contract 
        for custom products, rather than buying existing commercial 
        products and adapting those as necessary, which creates a 
        fundamental compliance issue; and
          (4) the intelligence community should adopt a culture shift 
        to ensure better compliance with such parts 10 and 12.
  (b) Policy.--
          (1) Requirement.--Not later than 1 year after the date of the 
        enactment of this Act, the Director of National Intelligence 
        shall implement a policy to ensure that each element of the 
        intelligence community complies with parts 10 and 12 of the 
        Federal Acquisition Regulation with respect to any procurement.
          (2) Elements.--The policy under paragraph (1) shall include 
        the following:
                  (A) Written criteria for an element of the 
                intelligence community to evaluate when a procurement 
                of a covered item or service is permissible, 
                including--
                          (i) requiring the element to conduct an 
                        independent market analysis to determine 
                        whether a commercially available off-the-shelf 
                        item, nondevelopmental item, or commercial 
                        service is viable; and
                          (ii) a description of the offeror for such 
                        covered item or service and how the covered 
                        item or service to be acquired will be 
                        integrated into existing systems of the 
                        intelligence community.
                  (B) If an element of the intelligence community 
                enters into a contract for artificial intelligence or 
                other emerging technologies that is a covered item or 
                service, not later than 45 days before entering into 
                such contract, the head of the element shall notify the 
                congressional intelligence committees in writing of the 
                intent to enter into such contract, including a brief 
                summary of--
                          (i) the justification for not using a 
                        commercially available off-the-shelf item, 
                        nondevelopmental item, or commercial service; 
                        and
                          (ii) the independent market analysis 
                        conducted under subparagraph (A).
                  (C) A detailed set of performance incentives for the 
                acquisition personnel of the intelligence community 
                that--
                          (i) prioritizes and rewards adherence to 
                        parts 10 and 12 of the Federal Acquisition 
                        Regulation; and
                          (ii) incentivizes reliance by the 
                        intelligence community on commercially 
                        available off-the-shelf items, nondevelopmental 
                        items, or commercial services and incentivizes 
                        such personnel that enter into contracts for 
                        covered items or services only when necessary.
                  (D) Methods to ensure the coordination across the 
                elements of the intelligence community in carrying out 
                the policy, including by designating an official of 
                each element to ensure implementation and incentives 
                for elements to share best practices for entering into 
                contracts for covered items or services.
                  (E) On an annual basis, the head of each element of 
                the intelligence community shall certify in writing to 
                the congressional intelligence committees that each 
                contract involving software development that was 
                awarded during the year covered by the certification 
                was awarded in adherence to section 3453 of title 10, 
                United States Code, and such parts 10 and 12, as 
                applicable.
                  (F) Any other incentives for the acquisition 
                personnel of the intelligence community that the 
                Director determines appropriate to improve the use of 
                commercially available off-the-shelf items, 
                nondevelopmental items, and commercial services in 
                contracts for emerging technologies, including with 
                respect to pay incentives, time off for training, and 
                nonmonetary awards.
          (3) Submission.--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--
                  (A) the policy developed under paragraph (1); and
                  (B) a plan to implement the policy not later than 1 
                year after the date of such enactment.
          (4) Market analysis.--In carrying out the independent market 
        analysis pursuant to paragraph (1)(A)(ii), the Director may 
        enter into a contract with an independent market research group 
        with qualifications and expertise to find available 
        commercially available off-the-shelf items, nondevelopmental 
        items, or commercial services to meet the needs of the 
        intelligence community.
  (c) Annual Reports.--
          (1) Requirement.--Not later than 2 years after the date of 
        the enactment of this Act, and annually thereafter for 3 years, 
        the Director, in consultation with the head of each element of 
        the intelligence community, shall submit to the congressional 
        intelligence committees a report on the policy developed under 
        subsection (a).
          (2) Elements.--Each report under paragraph (1) shall include, 
        with respect to the period covered by the report, the 
        following:
                  (A) An evaluation of the success of the policy, 
                including with respect to the progress the elements 
                have made in complying with parts 10 and 12 of the 
                Federal Acquisition Regulation.
                  (B) A comparison of the number of contracts that were 
                awarded for commercially available off-the-shelf items, 
                nondevelopmental items, or commercial services versus 
                the number awarded for covered items or services.
                  (C) A description of how any market analyses are 
                conducted pursuant to subsection (a)(1)(A)(ii).
                  (D) Any recommendations to improve compliance with 
                such parts 10 and 12.
  (d) Definitions.--In this section:
          (1) Commercially available off-the-shelf item; commercial 
        service; nondevelopmental item.--The terms ``commercially 
        available off-the-shelf item'', ``commercial service'', and 
        ``nondevelopmental items'' have the meanings given, 
        respectively, in subchapter I of division A of title 41, United 
        States Code.
          (2) Covered item or service.--The term ``covered item or 
        service'' means a product, system, or service that is not a 
        commercially available off-the-shelf item, a commercial 
        service, or a nondevelopmental item.

SEC. 516. POLICY ON REQUIRED USER ADOPTION METRICS IN CERTAIN CONTRACTS 
                    FOR ARTIFICIAL INTELLIGENCE SOFTWARE PRODUCTS.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) it is critical that the intelligence community acquire 
        products that can be integrated, to the highest extent 
        possible, within existing workflows and personnel capabilities;
          (2) one step toward that goal is ensuring that products 
        procured by the intelligence community have user-adoption 
        metrics, which allow programmers and vendors to assess the 
        effectiveness of a given product to an intelligence community 
        user;
          (3) requiring such metrics also incentivizes vendors to 
        incorporate training and adoption programs into their products, 
        as opposed to contracts which simply sell an application to the 
        intelligence community with no customer success feature built 
        in; and
          (4) in addition, this data is critical to informing decisions 
        about the continued use of a product, including relating to 
        whether a prototype will transition from development to an 
        enterprise-wide contract or program of record.
  (b) Policy.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall establish a 
policy containing the following:
          (1) With respect to a contract or other agreement entered 
        into between the head of an element of the intelligence 
        community and a commercial provider for the acquisition of a 
        covered product for users within the intelligence community--
                  (A) a requirement that each such contract or other 
                agreement include, as a term of the contract or 
                agreement, a commitment by the commercial provider to 
                furnish a means of collecting user adoption metrics for 
                assessing the adoption of the covered product by such 
                users; and
                  (B) a requirement that the head assess the user 
                adoption of the covered product through such means.
          (2) Such exceptions to the requirements under paragraph (1) 
        as may be determined appropriate by the Director.
  (c) Reports.--
          (1) Submission.--Not later than 1 year after the date on 
        which the Director of National Intelligence establishes the 
        policy under subsection (b), and annually thereafter for 3 
        years, the Director, in coordination with the heads of the 
        elements of the intelligence community, shall submit to the 
        congressional intelligence committees a report on the user 
        adoption metrics for each covered product acquired using, in 
        whole or in part, funds made available under the National 
        Intelligence Program.
          (2) Matters.--Each report under paragraph (1) shall include, 
        with respect to the year covered by the report, the following:
                  (A) A detailed description of the effectiveness of 
                the policy under subsection (b), including a cost-
                benefit analysis of such policy.
                  (B) A summary of the user adoption metrics collected 
                pursuant to such policy for each program referred to in 
                paragraph (1).
                  (C) An identification of any instance in which the 
                head of an element of the intelligence community 
                determined that requiring a commitment to furnish a 
                means of collecting user adoption metrics as a term of 
                a contract or agreement pursuant to such policy was not 
                practicable pursuant to an exception specified in 
                subsection (b)(2) and, as a result, did not require 
                such commitment.
                  (D) A justification for the continuation of the use 
                of any covered product acquired by the head of an 
                element of the intelligence community that the head has 
                determined, pursuant to an assessment required under 
                subsection (b)(1)(B), was not sufficiently adopted by 
                users or otherwise received negative user feedback.
                  (E) Any other matters, including any relevant 
                recommendations, determined appropriate by the 
                Director.
          (3) Timing.--Each report under paragraph (1) shall be 
        submitted prior to the date of the presentation of the 
        consolidated National Intelligence Program budget for the year 
        covered by the report to the President for approval pursuant to 
        section 102A(c) of the National Security Act of 1947 (50 U.S.C. 
        3024).
  (d) Definitions.--In this section:
          (1) Covered product.--The term ``covered product'' means a 
        commercial software product that involves artificial 
        intelligence.
          (2) National intelligence program.--The term ``National 
        Intelligence Program'' has the meaning given that term in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003).

SEC. 517. ASSESSMENTS RELATING TO INFORMATION TECHNOLOGY AND SOFTWARE 
                    SYSTEMS.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) the intelligence community continues to rely heavily on 
        legacy information technology systems and software;
          (2) transitioning these systems as appropriate to modern 
        software as a service, cloud-based, and open-source systems is 
        a priority;
          (3) in many instances, there are no incentives to make such a 
        transition due to the cost, complexity, administrative hurdles, 
        and user adoption challenges with any such transition; and
          (4) therefore, it is imperative for the intelligence 
        community to create incentives to ensure that its systems 
        evolve with industry and remain competitive with foreign 
        adversaries of the United States.
  (b) Assessments Required.--
          (1) Intelligence community-wide baseline assessment.--Not 
        later than 1 year after the date of the enactment of this Act, 
        the Director of National Intelligence, in consultation with the 
        heads of the elements of the intelligence community, shall 
        complete an assessment of the information technology and 
        software systems of each element of the intelligence community, 
        to review whether such systems integrate new and emerging 
        technology and, as appropriate, make recommendations to 
        decommission or replace outdated systems. Such assessment shall 
        include, with respect to each such system, an evaluation of the 
        following:
                  (A) The usability of the system.
                  (B) Whether the system is the most up-to-date version 
                of the system available.
                  (C) The compatibility of the system with new and 
                emerging technology.
                  (D) The costs and benefits of using an alternative 
                system in lieu of the system, including the financial 
                cost of transitioning to such an alternative system and 
                any technical or administrative barriers to such 
                transition.
                  (E) Such other matters as may be determined 
                appropriate by the Director.
          (2) Assessments upon entry into, renewal, or extension of 
        certain contracts.--Not later than 60 days after the date on 
        which the head of an element of the intelligence community 
        enters into, renews, or extends a contract for the acquisition 
        of an information technology or software system, the Director 
        of National Intelligence shall conduct an assessment of such 
        system in accordance with paragraph (1), including by 
        evaluating each of the matters specified in subparagraphs (A) 
        through (E) of such paragraph, with respect to such system.
  (c) Guidance.--The Director shall issue to the heads of the elements 
of the intelligence community guidance to--
          (1) incentivize each such head to adopt and integrate new and 
        emerging technology within information technology and software 
        systems of the element and to decommission and replace outdated 
        systems, including through potential funding enhancements; and
          (2) incentivize, and hold accountable, personnel of the 
        intelligence community with respect to the integration of new 
        and emerging technology within such systems, including through 
        the provision of appropriate training programs and evaluations.
  (d) Submissions to Congress.--
          (1) Report on assessment results.--Not later than 60 days 
        after the date on which the Director completes the assessment 
        under subsection (b)(1), the Director shall submit to the 
        appropriate congressional committees a report containing the 
        results of such assessment.
          (2) Submission of guidance.--Not later than 60 days after the 
        date on which the Director issues the guidance under subsection 
        (c), the Director shall submit to the appropriate congressional 
        committees a copy of such guidance.
  (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the congressional intelligence committees; and
          (2) the Committees on Appropriations of the House of 
        Representatives and the Senate.

                          Subtitle C--Reports

SEC. 521. REPORTS ON INTEGRATION OF ARTIFICIAL INTELLIGENCE WITHIN 
                    INTELLIGENCE COMMUNITY.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) artificial intelligence and other emerging technologies 
        must be incorporated into the intelligence community at a pace 
        that matches industry and is competitive with United States 
        adversaries;
          (2) while collaboration can and does occur in instances, 
        Congress is concerned that the United States is not integrated 
        enough across disciplines to further this essential mission; 
        and
          (3) while each intelligence community element is pursuing 
        artificial intelligence adoption by either establishing new 
        offices or surging resources to existing offices, there is not 
        a single office or official at each intelligence community 
        element that has the authority to oversee artificial 
        intelligence adoption at the agency, and can serve as the 
        coordinator for interagency cooperation.
  (b) Report by Director of National Intelligence.--Not later than 180 
days after the date of the enactment of this Act, the Director of 
National Intelligence, in coordination with the heads of the elements 
of the intelligence community, shall submit to the congressional 
intelligence committees a report on the efforts of the intelligence 
community to develop, acquire, adopt, and maintain artificial 
intelligence across the intelligence community to improve intelligence 
collection across the collection spectrum and optimize internal work 
flows. Such report shall contain a separate review of each such element 
that includes, with respect to the element, the following:
          (1) A description of the authorities of the element relating 
        to the use of artificial intelligence, and whether the element 
        lacks any resources or authorities necessary to accelerate the 
        adoption by the element of artificial intelligence solutions, 
        including commercial products involving artificial 
        intelligence.
          (2) A description of the organizational roles, 
        responsibilities, and authorities for any senior officials of 
        the element charged with accelerating the adoption by the 
        element of artificial intelligence solutions, and whether the 
        head of the element lacks any resources or authorities to hire 
        the personnel necessary to so accelerate the adoption.
          (3) An identification of the senior official of the element 
        responsible for overseeing and coordinating efforts relating to 
        artificial intelligence across the intelligence community, 
        including through the integration of the acquisition, 
        technology, human capital, and financial management aspects 
        necessary for the adoption of artificial intelligence 
        solutions.
          (4) An assessment, conducted by the Inspector General of the 
        Intelligence Community, of the efforts of the head of the 
        element to acquire and adopt commercial products involving 
        artificial intelligence and in particular, the efforts of such 
        head to acquire and adopt such products in a timely manner.
          (5) An assessment, conducted by the Inspector General of the 
        Intelligence Community, of any administrative or technical 
        barriers to the accelerated adoption of artificial intelligence 
        by the element, including any such barriers to the efforts 
        specified in paragraph (4). Such assessment shall be 
        disaggregated by, and include input from, organizational units 
        of the element that focus on the following:
                  (A) Acquisitions and contracting.
                  (B) Personnel and workforce matters.
                  (C) Financial management and budgeting.
                  (D) Operations and capabilities.
          (6) An assessment, conducted by the Inspector General of the 
        Intelligence Community, of the efforts of the head of the 
        element to coordinate across the intelligence community for the 
        purpose of ensuring the adoption of best practices, sharing of 
        information, and efficient use of resources relating to 
        artificial intelligence, including an identification by such 
        head of any administrative or technical barriers to such 
        coordination, and recommendations for improving such 
        coordination. With respect to the review of the Office of the 
        Director of National Intelligence, such assessment shall also 
        include a specific assessment of how the Director of National 
        Intelligence, in consultation with the Director of Science and 
        Technology and the Chief Data Officer, oversees, or plans to 
        oversee, such coordination.
  (c) Annual Reports by Director of Science and Technology.--
          (1) Reports.--Not later than 1 year after the date of the 
        enactment of this Act, and annually thereafter for 3 years, the 
        Director of Science and Technology, in coordination with the 
        Chief Data Officer with respect to the matters specified in 
        paragraph (3), and in consultation with the Director of 
        National Intelligence and the heads of the elements of the 
        intelligence community, shall submit to the congressional 
        intelligence committees a report on the progress of the 
        adoption of artificial intelligence within the intelligence 
        community.
          (2) Matters.--Each report under paragraph (1) shall include, 
        with respect to the year covered by the report, the following:
                  (A) A detailed description of the progress of each 
                element of the intelligence community in the adoption 
                and maintenance of artificial intelligence during such 
                year, including a description of any--
                          (i) artificial intelligence programs or 
                        systems adopted or decommissioned by the 
                        element;
                          (ii) contracts entered into by the head of 
                        the element with small- or medium-sized 
                        emerging technology companies for commercial 
                        products involving artificial intelligence;
                          (iii) efforts carried out by the head of the 
                        element for coordination across the 
                        intelligence community on artificial 
                        intelligence-related matters; and
                          (iv) relevant positions established or filled 
                        within the element.
                  (B) A description of any policies of the intelligence 
                community issued during such year that relate to the 
                adoption of artificial intelligence within the 
                intelligence community, including an assessment of the 
                compliance with such policies by the elements of the 
                intelligence community.
                  (C) A list of recommendations by the Director of 
                Science and Technology for the efficient, accelerated, 
                and comprehensive adoption of artificial intelligence 
                across the intelligence community during the year 
                following the year covered by the report, including any 
                technological advances in artificial intelligence that 
                the intelligence community should leverage from 
                industry actors.
                  (D) An overview of the advances of foreign 
                adversaries in the field of artificial intelligence, 
                and steps that may be taken to ensure the United States 
                Government outpaces foreign adversaries in such field.
                  (E) Any gaps in resource or authorities, or other 
                administrative or technical barriers, to the adoption 
                of artificial intelligence by the intelligence 
                community.
                  (F) Such other matters as the Director of Science and 
                Technology may determine appropriate.
          (3) Entry by chief data officer.--Each report under paragraph 
        (1) shall include an entry by the Chief Data Officer that 
        addresses each of the matters specified in paragraph (2) with 
        respect to the organization of data for the accelerated 
        adoption of artificial intelligence solutions.

SEC. 522. REPORT ON POTENTIAL BENEFITS OF ESTABLISHMENT OF ICWERX.

  (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees an assessment of whether the 
intelligence community would benefit from the establishment of an 
organization to be known as ``ICWERX'', the mission and activities of 
which would incorporate lessons learned from AFWERX of the Air Force 
(or such successor program), the Defense Innovation Unit of the 
Department of Defense, and other programs and elements of the Federal 
Government with a focus on technology or innovation.
  (b) Elements.--The report under subsection (a) shall include the 
following:
          (1) A review of the avenues for small- and medium-sized 
        emerging technology companies to provide to the intelligence 
        community artificial intelligence or other technology 
        solutions, including an identification, for each of the 5 years 
        preceding the year in which the report is submitted, of the 
        annual number of such companies that have provided the 
        intelligence community with such solutions.
          (2) A review of the processes by which the heads of the 
        elements of the intelligence community acquire and transition 
        commercial research of small- and medium-sized emerging 
        technology companies in a prototype or other early 
        developmental stage.
          (3) An assessment of--
                  (A) whether the intelligence community is postured to 
                incorporate the technological innovations of emerging 
                technology companies, including in software and 
                hardware; and
                  (B) any areas in which the intelligence community 
                lacks resources, authorities, personnel, expertise, or 
                institutional mechanisms necessary for such 
                incorporation.
          (4) An assessment of the potential costs and benefits 
        associated with the establishment of ICWERX in accordance with 
        subsection (a).

SEC. 523. REQUIREMENTS AND REPORT ON WORKFORCE NEEDS OF INTELLIGENCE 
                    COMMUNITY RELATING TO SCIENCE, TECHNOLOGY, 
                    ENGINEERING, AND MATHEMATICS, AND RELATED AREAS.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) increasing the talent diversity, density, and expertise 
        for critical fields in the intelligence community is essential 
        to accelerating the incorporation, integration, and maintenance 
        of emerging technologies into the workflows and business 
        practices of the intelligence community;
          (2) Congress is concerned that the intelligence community has 
        not yet conducted a baseline assessment of what talent 
        currently exists within the intelligence community, and where 
        gaps prevent the intelligence community from meeting the 
        technology demands in the next decade;
          (3) Congress is aware that the Director of National 
        Intelligence is starting the process to lead a needs assessment 
        across the intelligence community and encourages all elements 
        of the intelligence community to work expeditiously with the 
        Director to develop that detailed assessment; and
          (4) this type of needs assessment should be institutionalized 
        and built into the future human capital strategy for the next 
        generation of intelligence officers and officials.
  (b) Requirements.--The Director of National Intelligence, in 
coordination with the Chief Technology Officer and the Chief Human 
Capital Officer of the Office of the Director of National Intelligence, 
shall--
          (1) develop an organizational management plan for the 
        adoption and maintenance of artificial intelligence across the 
        intelligence community; and
          (2) require that each head of an element of the intelligence 
        community, with respect to such element--
                  (A) develop a plan for the recruitment of personnel 
                to positions the primary duties of which involve the 
                integration, maintenance, or use of artificial 
                intelligence (and the retention and training of 
                personnel serving in such positions);
                  (B) develop a plan for--
                          (i) the review and evaluation, on a 
                        continuous basis, of the expertise necessary to 
                        accelerate the adoption of artificial 
                        intelligence and other emerging technology 
                        solutions; and
                          (ii) the update of efforts to recruit and 
                        retain personnel with such expertise; and
                  (C) coordinate and share information and best 
                practices relating to such recruitment and retention 
                within the element and across the intelligence 
                community.
  (c) Report.--
          (1) Submission.--Not later than January 1, 2024, the Director 
        of National Intelligence, in coordination with the Chief 
        Technology Officer and the Chief Human Capital Officer of the 
        Office of the Director of National Intelligence, shall submit 
        to the congressional intelligence committees a report on the 
        workforce needs of the intelligence community relating to 
        artificial intelligence, cybersecurity, and other science, 
        technology, engineering, and mathematics areas.
          (2) Elements.--The report under paragraph (1) shall include 
        the following:
                  (A) A detailed description of the organizational 
                management plan under subsection (b)(1).
                  (B) With respect to each element of the intelligence 
                community, the following:
                          (i) A detailed breakdown of the personnel of 
                        the element serving in positions the primary 
                        duties of which involve the integration, 
                        maintenance, or use of artificial intelligence, 
                        including (for each such position) the title of 
                        the position, the office under which the 
                        position is organized, and the approximate 
                        percent of time personnel serving in the 
                        position spend carrying out such duties under 
                        the position, as compared to carrying out other 
                        duties under the position.
                          (ii) A detailed description of the plan of 
                        the head of the element under subsection 
                        (b)(2)(A), including an identification of any 
                        official responsible for coordinating 
                        recruitment, retention, and training for the 
                        element under such plan.
                          (iii) A detailed description of the plan of 
                        the head of the element under subsection 
                        (b)(2)(B).
                          (iv) A detailed description of the methods by 
                        which the head coordinates and shares 
                        information and best practices under subsection 
                        (b)(2)(C), including an identification of any 
                        official responsible for such coordination and 
                        sharing for the element.
                          (v) Such other matters as the Director of 
                        National Intelligence may determine 
                        appropriate.
                  (C) An assessment of any gaps in the organizational 
                management plan specified in subsection (b)(1), 
                including, for each element of the intelligence 
                community, an identification of any additional roles, 
                positions, expertise, or authorities necessary for the 
                adoption and maintenance of artificial intelligence by 
                that element.
                  (D) An assessment of the quality and sustainability 
                of the talent pipeline of the intelligence community 
                with respect to talent in cybersecurity and other 
                science, technology, engineering, and mathematics 
                areas. Such assessment shall include the following:
                          (i) An assessment of the priorities of the 
                        intelligence community with respect to 
                        cybersecurity and other science, technology, 
                        engineering, and mathematics areas, and the 
                        personnel necessary to address such priorities.
                          (ii) A summary of the education, recruitment, 
                        and retention programs (including skills-based 
                        training and career and technical educational 
                        programs) available to personnel of the 
                        intelligence community, regardless of whether 
                        such programs are administered by the head of 
                        an element of the intelligence community or the 
                        head of another Federal department or agency, 
                        and an analysis of how such programs support 
                        the quality and sustainability of such talent 
                        pipeline.
                          (iii) A description of the relevant 
                        authorities available to the heads of the 
                        elements of the intelligence community to 
                        support the quality and sustainability of such 
                        talent pipeline.
                          (iv) An assessment of any gaps in 
                        authorities, resources, recruitment or 
                        retention incentives, skills-based training, or 
                        educational programs, that may negatively 
                        affect the quality or sustainability of such 
                        talent pipeline.
  (d) Information Access.--The heads of the elements of the 
intelligence community shall furnish to the Chief Technology Officer 
and the Chief Human Capital Officer of the Office of the Director of 
National Intelligence such information as may be necessary for the 
development of the report under subsection (c).

                       Subtitle D--Other Matters

SEC. 531. IMPROVEMENTS TO USE OF COMMERCIAL SOFTWARE PRODUCTS.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) systems integration is a critical part of incorporating 
        emerging technologies into the intelligence community;
          (2) unfortunately, Congress understands that there remains an 
        uneven approach across the intelligence community for 
        contracting and executing system integration;
          (3) such disparate policies lead to added administrative 
        costs for both the intelligence community and commercial 
        vendors, and inhibit integration and operationalization in a 
        coordinated, efficient way;
          (4) further, as a result of a lack of a cohesive policy, some 
        contracts do not always adhere to the best practices of 
        commercial software as a service product, or are executed by 
        legacy contractors who create added expenses and sustainment 
        costs, among other issues; and
          (5) including standardized terms across intelligence 
        community contracts can help reduce administrative and 
        technical barriers to systems integration, make such 
        integration more efficient and effective, and ensure that each 
        contract comports with best practices and standard commercial 
        software as a service feature.
  (b) Procurement of Commercial Software Products.--
          (1) Policy.--Not later than January 1, 2024, the Director of 
        Science and Technology of the Office of the Director of 
        National Intelligence, in consultation with the heads of the 
        elements of the intelligence community, shall recommend to the 
        Director of National Intelligence an intelligence community-
        wide policy to ensure that the procurement of commercial 
        software products by the intelligence community is carried out 
        in accordance with best practices.
          (2) Elements.--The policy under paragraph (1) shall include 
        the following:
                  (A) Guidelines for the heads of the elements of the 
                intelligence community to determine which contracts for 
                commercial software products are covered by the policy, 
                including with respect to agreements, authorizations to 
                operate, and other acquisition activities.
                  (B) Guidelines for using standardized terms in such 
                contracts, modeled after commercial best practices, 
                including common procedures and language regarding--
                          (i) terms for who is responsible for system 
                        integration under the contract;
                          (ii) a timeline required for system 
                        integration;
                          (iii) a mechanism included in each contract 
                        to ensure the ability of the vendor to provide 
                        continuous updates and version control for the 
                        software;
                          (iv) a mechanism included in each contract 
                        that allows the United States Government to 
                        receive and use the latest updates for the 
                        software and receive such updates in near real-
                        time;
                          (v) automatic technological mechanisms for 
                        security and data validation, including 
                        security protocols that are predicated on 
                        commercial best practices; and
                          (vi) procedures to provide incentives, and a 
                        technical framework, for system integration for 
                        new commercial software solutions to fit within 
                        existing workflows and information technology 
                        infrastructure.
                  (C) Guidelines to ensure coordination of the policy 
                throughout the intelligence community, including 
                identifying the officials in each element of the 
                intelligence who are responsible for enforcing the 
                policy.
          (3) Report.--Not later than January 1, 2025, and annually 
        thereafter, the Director of National Intelligence shall submit 
        to the congressional intelligence committees a report on the 
        policy recommended under paragraph (1), including the following 
        with respect to the period covered by the report:
                  (A) An evaluation of compliance with such policy by 
                the elements of the intelligence community.
                  (B) An identification of the elements of such policy 
                that achieve the goal referred to in paragraph (1), and 
                the elements of such policy that fail to achieve such 
                goal, including any concerns with system integration.
                  (C) Recommendations to better coordinate system 
                integration throughout the intelligence community using 
                best practices.
                  (D) For each element of the intelligence community--
                          (i) a description by the head of the element 
                        of specific successes and concerns in 
                        contracting for, and incorporating, system 
                        integration; and
                          (ii) recommendations to improve the 
                        recommended policy.
  (c) Code-free Artificial Intelligence Enablement Tools.--
          (1) Policy.--Not later than 1 year after the date of the 
        enactment of this Act, the Director of National Intelligence, 
        in consultation with the Director of Science and Technology and 
        the heads of the elements of the intelligence community that 
        the Director of National Intelligence determines appropriate, 
        shall implement a policy to promote the intelligence community-
        wide use of code-free artificial intelligence enablement tools.
          (2) Elements.--The policy under paragraph (1) shall include 
        the following:
                  (A) A detailed set of incentives for using code-free 
                artificial intelligence enablement tools.
                  (B) A plan to ensure coordination throughout the 
                intelligence community, including by designating an 
                official of each element of the intelligence community 
                to oversee implementation of the policy and such 
                coordination.
          (3) Submission.--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 proposed policy under paragraph (1), including a 
        detailed plan and timeline for carrying out the incentives 
        described in paragraph (2)(A).
          (4) Annual reports or briefings.--Not later than 1 year after 
        commencing the implementation of the policy under paragraph 
        (1), and annually thereafter for 3 years, the Director of 
        National Intelligence, in consultation with the Director of 
        Science and Technology and the heads of the elements of the 
        intelligence community that the Director of National 
        Intelligence determines appropriate, shall submit to the 
        congressional intelligence committees a report, or provide to 
        such committees a briefing, that--
                  (A) details the success of the policy;
                  (B) includes statistics on the progress of the 
                intelligence community in implementing code-free 
                artificial intelligence enablement tools; and
                  (C) contains any recommendations for improvements or 
                enhancements to the policy.
  (d) Code-free Artificial Intelligence Enablement Tools Defined.--In 
this section, the term ``code-free artificial intelligence enablement 
tools'' means software that provides an environment where visual drag-
and-drop applications or similar tools allow 1 or more individuals to 
program applications without linear coding.

SEC. 532. IMPROVEMENTS TO EMPLOYEES AND MANAGERS RELATING TO EMERGING 
                    TECHNOLOGIES, SOFTWARE DEVELOPMENT, ACQUISITION, 
                    AND SUSTAINMENT.

  (a) Cadre of Experts.--
          (1) Establish of cadre.--Not later than January 1, 2024, the 
        Director of National Intelligence, acting through the Director 
        of Science and Technology, shall establish a cadre of personnel 
        who are experts in emerging technologies, software development, 
        systems integration, and acquisition, to improve the adoption 
        by the intelligence community of commercial solutions for 
        emerging technologies.
          (2) Structure.--The Director of Science and Technology--
                  (A) shall ensure the cadre has the appropriate number 
                of members;
                  (B) shall establish an appropriate leadership 
                structure and office within which the cadre shall be 
                managed; and
                  (C) shall determine the appropriate officials to whom 
                members of the cadre shall report.
          (3) Responsibilities.--The cadre of personnel authorized 
        under paragraph (1) shall be responsible for--
                  (A) assisting the Director of Science and Technology 
                with continuing to develop and evolve intelligence 
                community-wide policies, rules, and procedures to 
                accelerate the adoption of emerging technologies, 
                including with respect to artificial intelligence, 
                machine learning, and software development and systems 
                integration into the intelligence community;
                  (B) assisting elements of the intelligence community 
                with software development and acquisition;
                  (C) establishing training requirements for 
                acquisition professionals within the intelligence 
                community to increase the number of acquisition 
                experts, with a particular emphasis on--
                          (i) the principles contained in the TechFAR 
                        Handbook for Procuring Digital Services Using 
                        Agile Processes of the U.S. Digital Service; 
                        and
                          (ii) the requirements under parts 10 and 12 
                        of the Federal Acquisition Regulation, in 
                        accordance with the protocol of the Director of 
                        National Intelligence relating to such parts 
                        pursuant to section 515; and
                  (D) other functions as the Director of Science and 
                Technology determines appropriate based on the evolving 
                needs of identifying, incorporating, and maintaining 
                evolving technology in the intelligence community.
          (4) Assignment.--The Director of Science and Technology shall 
        establish processes to assign members of the cadre to provide--
                  (A) expertise on matters relating to software 
                development, integration, acquisition, and sustainment; 
                and
                  (B) support for appropriate programs or activities of 
                the intelligence community.
          (5) Administration.--
                  (A) In general.--The Director of Science and 
                Technology, in coordination with the President of the 
                Defense Acquisition University and in consultation with 
                academia and industry, shall develop a career path, 
                including training, development opportunities, 
                exchanges, and talent management programs, for the 
                cadre. The Director of Science and Technology may use 
                existing personnel and acquisition authorities to 
                establish the cadre, as appropriate, including--
                          (i) section 9903 of title 5, United States 
                        Code;
                          (ii) authorities relating to services 
                        contracting;
                          (iii) the Intergovernmental Personnel Act of 
                        1970 (42 U.S.C. 4701 et seq.); and
                          (iv) authorities relating to exchange 
                        programs with industry.
                  (B) Assignments.--Civilian and military personnel 
                from within the intelligence community may be assigned 
                to serve as members of the cadre.
          (6) Funding.--The Director of Science and Technology may use 
        amounts made available under the National Intelligence Program 
        for the purpose of recruitment, training, and retention of 
        members of the cadre, including by using such amounts to pay 
        salaries of newly hired members of the cadre for up to 3 years.
          (7) Coordination.--The Director of Science and Technology 
        shall coordinate with the Under Secretary of Defense for 
        Acquisition and Sustainment and the Under Secretary of Defense 
        for Research and Engineering to ensure that the programs, 
        policies, rules, and regulations relating to the cadre of the 
        intelligence community and the cadre of the Department of 
        Defense are consistent and streamlined.
          (8) Reports.--On an annual basis, the Director of Science and 
        Technology shall submit to the congressional intelligence 
        committees a report on the cadre, including, with respect to 
        the period covered by the report, the following:
                  (A) The number of experts onboarded as part of the 
                cadre and the backgrounds and expertise of the experts.
                  (B) The number of experts required for the cadre.
                  (C) The training requirements for the cadre.
                  (D) A comprehensive assessment of the value of the 
                cadre to carry out this section, including details on 
                specific work the cadre is carrying out to facilitate 
                faster adoption of emerging technologies into the 
                intelligence community.
  (b) Training.--
          (1) Training curriculum.--The Secretary of Defense and the 
        Director of National Intelligence, in consultation with the 
        President of the Defense Acquisition University and the heads 
        of the elements of the intelligence community that the 
        Secretary and Director determine appropriate, shall jointly 
        establish a training curriculum for acquisition officials 
        within the Department of Defense and the intelligence community 
        focused on improving the understanding and awareness of 
        contracting authorities and procedures for the acquisition of 
        emerging technologies. The Secretary and the Director shall 
        ensure that the curriculum substantially relies on the 
        principles contained in the TechFAR Handbook for Procuring 
        Digital Services Using Agile Processes of the U.S. Digital 
        Service.
          (2) Provision of training.--The Director shall ensure that 
        the training curriculum under paragraph (1) is provided to each 
        element of the intelligence community.
          (3) Report.--Not later than January 1, 2023, the Secretary 
        and the Director shall jointly submit to the congressional 
        intelligence committees a report containing an update on the 
        status of the curriculum under paragraph (1).
  (c) Executive Education Activities.--
          (1) Establishment.--Not later than January 1, 2024, the 
        Director of National Intelligence, in coordination with the 
        heads of the elements of the intelligence community, shall 
        establish executive education activities on emerging 
        technologies for appropriate managers within the intelligence 
        community who are members of the Senior Intelligence Service or 
        are paid at the GS-13, GS-14, or GS-15 levels. The activities 
        shall be specifically designed to prepare new and existing 
        managers on relevant technologies and how these technologies 
        may be applied to the intelligence community.
          (2) Participation.--The Director, in coordination with the 
        heads of the elements of the intelligence community, shall 
        develop a plan for managers described in paragraph (1) to 
        participate in the education activities established under such 
        paragraph. The Director shall ensure that--
                  (A) the plan is tailored to each individual element 
                of the intelligence community; and
                  (B) not later than 2 years after the establishment of 
                the education activities, all such managers are 
                required to certify that the managers have successfully 
                completed the education activities.
          (3) Report.--Not later than January 1, 2023, the Director 
        shall submit to the congressional intelligence committees a 
        report containing an update on the executive education 
        activities under paragraph (1). The report shall include the 
        following:
                  (A) An overview of--
                          (i) who participated in the activities;
                          (ii) what technologies were included in the 
                        activities and how those technologies were 
                        identified; and
                          (iii) what other efforts are underway to 
                        ensure that the leadership of the intelligence 
                        community is able to identify, incorporate, and 
                        maintain the most advanced technology in 
                        executing the missions of the intelligence 
                        community.
                  (B) An identification of other incentives, 
                activities, resources, and programs that the Director 
                determines may be necessary to ensure that the managers 
                described in paragraph (1) are generally trained in the 
                most advanced technologies.

            TITLE VI--MATTERS RELATING TO FOREIGN COUNTRIES

  Subtitle A--Miscellaneous Authorities, Requirements, and Limitations

SEC. 601. NOTICE OF DEPLOYMENT OR TRANSFER OF CONTAINERIZED MISSILE 
                    SYSTEMS BY RUSSIA, CHINA, OR IRAN.

  Section 501 of the Intelligence Authorization Act for Fiscal Year 
2016 (division M of Public Law 114-113; 129 Stat. 2923) is amended--
          (1) by striking ``the Russian Federation'' each place it 
        appears and inserting ``a covered country'';
          (2) by striking ``Club-K container missile system'' each 
        place it appears and inserting ``missile launcher disguised as 
        or concealed in a shipping container'';
          (3) in subsection (a)(1)--
                  (A) by striking ``deploy, the'' and inserting 
                ``deploy, a''; and
                  (B) by striking ``the Russian military'' and 
                inserting ``the military of the covered country'';
          (4) by striking subsection (c) and inserting the following 
        new subsection:
  ``(c) Definitions.--In this section:
          ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the following:
                  ``(A) The congressional intelligence committees.
                  ``(B) The Committees on Armed Services of the House 
                of Representatives and the Senate.
                  ``(C) The Committee on Foreign Affairs of the House 
                of Representatives and the Committee on Foreign 
                Relations of the Senate.
          ``(2) Covered country.--The term `covered country' means the 
        following:
                  ``(A) Russia.
                  ``(B) China.
                  ``(C) Iran.
                  ``(D) North Korea.''; and
          (5) in the heading, by striking ``club-k container missile 
        system by the russian federation'' and inserting 
        ``containerized missile system by russia or certain other 
        countries'' and amending the item relating to section 501 in 
        the table of sections to read accordingly.

SEC. 602. INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN ATROCITIES 
                    ACCOUNTABILITY.

  (a) Intelligence Community Coordinator for Russian Atrocities 
Accountability.--
          (1) Designation.--Not later than 30 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall designate a senior official of the Office of 
        the Director of National Intelligence to serve as the 
        intelligence community coordinator for Russian atrocities 
        accountability (in this section referred to as the 
        ``Coordinator'').
          (2) Duties.--The Coordinator shall oversee the efforts of the 
        intelligence community relating to the following:
                  (A) Identifying, and (as appropriate) disseminating 
                within the United States Government, intelligence 
                relating to the identification, location, or activities 
                of foreign persons suspected of playing a role in 
                committing Russian atrocities in Ukraine.
                  (B) Identifying analytic and other intelligence needs 
                and priorities of the intelligence community with 
                respect to the commitment of such Russian atrocities.
                  (C) Addressing any gaps in intelligence collection 
                relating to the commitment of such Russian atrocities 
                and developing recommendations to address any gaps so 
                identified, including by recommending the modification 
                of the priorities of the intelligence community with 
                respect to intelligence collection.
                  (D) Collaborating with appropriate counterparts 
                across the intelligence community to ensure appropriate 
                coordination on, and integration of the analysis of, 
                the commitment of such Russian atrocities.
                  (E) Identifying intelligence and other information 
                that may be relevant to preserve evidence of potential 
                war crimes by Russia, consistent with the public 
                commitments of the United States to support 
                investigations into the conduct of Russia.
                  (F) Ensuring the Atrocities Early Warning Task Force 
                and other relevant departments and agencies of the 
                United States Government receive appropriate support 
                from the intelligence community with respect to the 
                collection, analysis, preservation, and, as 
                appropriate, dissemination, of intelligence related to 
                Russian atrocities in Ukraine.
          (3) Plan required.--Not later than 30 days after the date of 
        enactment of this Act, the Director of National Intelligence 
        shall submit to the congressional intelligence committees--
                  (A) the name of the official designated as the 
                Coordinator pursuant to paragraph (1); and
                  (B) the strategy of the intelligence community for 
                the collection of intelligence related to Russian 
                atrocities in Ukraine, including a detailed description 
                of how the Coordinator shall support, and assist in 
                facilitating the implementation of, such strategy.
          (4) Annual report to congress.--
                  (A) Reports required.--Not later than May 1, 2023, 
                and annually thereafter until May 1, 2026, the Director 
                of National Intelligence shall submit to the 
                congressional intelligence committees a report 
                detailing, for the year covered by the report--
                          (i) the analytical findings and activities of 
                        the intelligence community with respect to 
                        Russian atrocities in Ukraine; and
                          (ii) the recipients of information shared 
                        pursuant to this section for the purpose of 
                        ensuring accountability for such Russian 
                        atrocities, and the date of any such sharing.
                  (B) Form.--Each report submitted under subparagraph 
                (A) may be submitted in classified form, consistent 
                with the protection of intelligence sources and 
                methods.
                  (C) Supplement.--The Director of National 
                Intelligence may supplement an existing reporting 
                requirement with the information required under 
                subparagraph (A) on an annual basis to satisfy that 
                requirement with prior notification of intent to do so 
                to the congressional intelligence committees.
  (b) Definitions.--In this section:
          (1) Atrocity.--The term ``atrocity'' means a war crime, crime 
        against humanity, genocide, or crime of aggression.
          (2) Commit.--The term ``commit'', with respect to an 
        atrocity, includes the planning, committing, aiding, and 
        abetting of such atrocity.
          (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
          (4) Russian atrocity.--The term ``Russian atrocity'' means an 
        atrocity that is committed by an individual who is--
                  (A) a member of the armed forces, or the security or 
                other defense services, of the Russian Federation;
                  (B) an employee of any other element of the Russian 
                Government; or
                  (C) an agent or contractor of an individual specified 
                in subparagraph (A) or (B).
          (5) United states person.--The term ``United States person'' 
        has the meaning given that term in section 105A(c) of the 
        National Security Act of 1947 (50 U.S.C. 3039).
  (c) Sunset.--This section shall cease to have effect on the date that 
is 4 years after the date of the enactment of this Act.

SEC. 603. LEAD INTELLIGENCE COMMUNITY COORDINATOR FOR COUNTERING AND 
                    NEUTRALIZING PROLIFERATION OF IRAN-ORIGIN UNMANNED 
                    AIRCRAFT SYSTEMS.

  (a) Coordinator.--
          (1) Designation.--Not later than 30 days after the date of 
        enactment of this Act, the Director of National Intelligence 
        shall designate an official from an element of the intelligence 
        community to serve as the lead intelligence community 
        coordinator for countering and neutralizing the proliferation 
        of Iran-origin unmanned aircraft systems (in this section 
        referred to as the ``Coordinator'').
          (2) Plan.--Not later than 120 days after the date on which 
        the Coordinator is designated under paragraph (1), the 
        Coordinator shall--
                  (A) develop a comprehensive plan of action, driven by 
                intelligence information, for countering and 
                neutralizing the threats posed by the proliferation of 
                Iran-origin unmanned aircraft systems; and
                  (B) provide to the congressional intelligence 
                committees a briefing on such plan of action.
          (3) Final report.--
                  (A) Submission.--Not later than January 1, 2024, the 
                Director of National Intelligence shall submit to the 
                congressional intelligence committees a final report on 
                the activities and findings of the Coordinator.
                  (B) Matters.--The report under subparagraph (A) shall 
                include the following:
                          (i) An assessment of the threats posed by 
                        Iran-origin unmanned aircraft systems, 
                        including the threat to facilities and 
                        personnel of the United States Government in 
                        the greater Middle East, particularly in the 
                        areas of such region that are located within 
                        the area of responsibility of the Commander of 
                        the United States Central Command.
                          (ii) A detailed description of intelligence 
                        sharing efforts, as well as other joint efforts 
                        driven by intelligence information, with allies 
                        and partners of the United States, to assist in 
                        countering and neutralizing such threats.
                          (iii) Recommendations for any changes in 
                        United States policy or legislative authorities 
                        to improve the capacity of the intelligence 
                        community to assist in countering and 
                        neutralizing such threats.
                  (C) Form.--The report under subparagraph (A) may be 
                submitted in classified form.
  (b) Collaboration With Five Eyes Partnership and Israel.--Taking into 
account the findings of the final report under subsection (a)(3), the 
Director of National Intelligence shall seek to--
          (1) develop and implement a common approach among the Five 
        Eyes Partnership toward countering the threats posed by Iran-
        origin unmanned aircraft systems, including by leveraging the 
        unique intelligence capabilities and information of the members 
        of the Five Eyes Partnership; and
          (2) intensify cooperation with Israel for the purpose of 
        countering Iran-origin unmanned aircraft systems, including by 
        strengthening and expanding existing cooperative efforts 
        conducted pursuant to section 1278 of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1702; 22 U.S.C. 8606 note).
  (c) Definitions.--In this section:
          (1) Five eyes partnership.--The term ``Five Eyes 
        Partnership'' means the intelligence alliance comprising 
        Australia, Canada, New Zealand, the United Kingdom, and the 
        United States.
          (2) Unmanned aircraft system.--The term ``unmanned aircraft 
        system'' includes an unmanned powered aircraft (including 
        communication links and the components that control the 
        unmanned aircraft), that--
                  (A) does not carry a human operator;
                  (B) may fly autonomously or be piloted remotely;
                  (C) may be expendable or recoverable; and
                  (D) may carry a lethal payload or explode upon 
                reaching a designated location.
  (d) Sunset.--This section shall cease to have effect on the date on 
which the final report is submitted under subsection (a)(3).

SEC. 604. COLLABORATION BETWEEN INTELLIGENCE COMMUNITY AND DEPARTMENT 
                    OF COMMERCE TO COUNTER FOREIGN COMMERCIAL THREATS.

  (a) Working Group.--
          (1) Establishment.--Unless the Director of National 
        Intelligence and the Secretary of Commerce make the joint 
        determination specified in subsection (b), the Director and the 
        Secretary, in consultation with the head of any other 
        department or agency of the United States Government determined 
        appropriate by the Director or the Secretary, shall jointly 
        establish a working group to counter foreign commercial threats 
        (in this section referred to as the ``Working Group'').
          (2) Membership.--The composition of the Working Group may 
        include any officer or employee of a department or agency of 
        the United States Government determined appropriate by the 
        Director or the Secretary.
          (3) Duties.--The duties of the Working Group shall be the 
        following:
                  (A) To identify current foreign commercial threats.
                  (B) To identify probable future foreign commercial 
                threats.
                  (C) To discuss opportunities to address the harm to 
                the national security of the United States arising out 
                of foreign commercial threats.
                  (D) To identify goods, services, or intellectual 
                property that, if produced by, offered by, sold by, 
                licensed by, or otherwise distributed under the control 
                of, the United States, would mitigate the foreign 
                commercial threat.
          (4) Meetings.--Not later than 30 days after the date of the 
        enactment of this Act, and on a regular basis that is not less 
        frequently than quarterly thereafter until the date of 
        termination under paragraph (5), the Working Group shall meet.
          (5) Termination.--Beginning on the date that is 2 years after 
        the date of the establishment under paragraph (1), the Working 
        Group may be terminated upon the Director of National 
        Intelligence and the Secretary of Commerce jointly--
                  (A) determining that termination of the Working Group 
                is appropriate; and
                  (B) submitting to the appropriate congressional 
                committees a notification of such determination 
                (including a description of the justification for such 
                determination).
          (6) Reports.--
                  (A) Submission to congress.--Not later than 60 days 
                after the date of the enactment of this Act, and 
                biannually thereafter until the date of termination 
                under paragraph (5), the Working Group shall submit to 
                the appropriate congressional committees a report on 
                the activities of the Working Group.
                  (B) Matters.--Each report under subparagraph (A) 
                shall include a description of the following:
                          (i) Any current foreign commercial threats 
                        identified by the Working Group.
                          (ii) Any future foreign commercial threats 
                        identified by the Working Group.
                          (iii) The strategy of the United States 
                        Government, if any, to mitigate any current 
                        foreign commercial threats or future foreign 
                        commercial threats so identified.
                          (iv) The plan of the intelligence community 
                        to provide to the Department of Commerce and 
                        other nontraditional customers of the 
                        intelligence community support in addressing 
                        foreign commercial threats.
                          (v) Any other significant activity of the 
                        Working Group.
  (b) Option to Discharge Obligation Through Other Means.--If the 
Director of National Intelligence and the Secretary of Commerce make a 
joint determination that the requirements of the Working Group under 
subsection (a) (including the duties under paragraph (3) and the 
reporting requirement under paragraph (6) of such subsection) may be 
appropriately filled by an existing entity or structure, and submit to 
the congressional intelligence committees a notification of such 
determination (including a description of the justification for such 
determination), the Director and Secretary may task such entity or 
structure with such requirements in lieu of establishing the Working 
Group.
  (c) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the congressional intelligence committees;
                  (B) the Committee on Energy and Commerce of the House 
                of Representatives; and
                  (C) the Committee on Commerce, Science, and 
                Transportation of the Senate.
          (2) Foreign adversary.--The term ``foreign adversary'' means 
        the following:
                  (A) China.
                  (B) Iran.
                  (C) North Korea.
                  (D) Russia.
                  (E) Any other foreign country that the Director of 
                National Intelligence or the Secretary of Commerce 
                designates for purposes of this section.
          (3) Foreign commercial threat.--The term ``foreign commercial 
        threat'' means a scenario in which a rare commercial item or 
        service is produced by, offered by, sold by, licensed by, or 
        otherwise distributed under the control of a foreign adversary 
        in a manner that may provide the foreign adversary leverage 
        over an intended recipient by--
                  (A) withholding, or threatening to withhold, the rare 
                commercial item or service; or
                  (B) creating reliance on the rare commercial item or 
                service as essential to the safety, health, or economic 
                well-being of the intended recipient.
          (4) Rare commercial item or service.--The term ``rare 
        commercial item or service'' means a good, service, or 
        intellectual property that is not widely available for 
        distribution.

SEC. 605. INTELLIGENCE ASSESSMENT ON FOREIGN WEAPONIZATION OF 
                    ADVERTISEMENT TECHNOLOGY DATA.

  (a) Assessment.--The Director of National Intelligence shall conduct 
an intelligence assessment of the counterintelligence risks of, and the 
exposure of intelligence community personnel to, tracking by foreign 
adversaries through advertisement technology data.
  (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director shall submit to the congressional 
intelligence committees a report on the intelligence assessment under 
subsection (a).
  (c) Advertisement Technology Data Defined.--In this section, the term 
``advertisement technology data'' means commercially available data 
derived from advertisement technology that is used, or can be used, to 
geolocate individuals or gain other targeting information on 
individuals.

SEC. 606. INTELLIGENCE COMMUNITY ASSESSMENT REGARDING RUSSIAN GRAY ZONE 
                    ASSETS.

  (a) Intelligence Community Assessment Regarding Russian Gray Zone 
Assets.--
          (1) Intelligence community assessment.--The Director of 
        National Intelligence, acting through the National Intelligence 
        Council, shall produce an intelligence community assessment 
        that contains--
                  (A) a description of the gray zone assets of Russia;
                  (B) an identification of any opportunities to hold 
                such gray zone assets at risk, as a method of 
                influencing the behavior of Russia; and
                  (C) an assessment of the risks and potential 
                benefits, with respect to the interests of the United 
                States, that may result from the seizure of such gray 
                zone assets to hold the assets at risk.
          (2) Considerations.--In identifying opportunities to hold a 
        gray zone asset of Russia at risk under paragraph (1)(B), the 
        National Intelligence Council shall consider the following:
                  (A) The effect on civilians of holding the gray zone 
                asset at risk.
                  (B) The extent to which the gray zone asset is 
                substantially state-owned or substantially controlled 
                by Russia.
                  (C) The likelihood that holding the gray zone asset 
                at risk will influence the behavior of Russia.
                  (D) The likelihood that holding the gray asset at 
                risk, or degrading the asset, will affect any attempt 
                of Russia to use force to change existing borders or 
                undermine the political independence or territorial 
                integrity of any state, including Ukraine.
                  (E) Such other factors as the National Intelligence 
                Council may determine appropriate.
          (3) Appendix.--The intelligence community assessment under 
        paragraph (1) shall include an appendix that contains a list of 
        the categories of gray zone assets of Russia, with specific 
        examples of--
                  (A) gray zone assets in each category; and
                  (B) for each such gray zone asset listed, the ways in 
                which Russia uses the asset to advance its gray zone 
                activities.
          (4) Submission.--The Director, consistent with the protection 
        of sources and methods, shall submit to the congressional 
        intelligence committees the intelligence community assessment 
        under paragraph (1).
          (5) Form.--The intelligence community assessment under 
        paragraph (1) shall be submitted in unclassified form, but may 
        contain a classified annex.
  (b) Definitions.--In this section:
          (1) Gray zone activity.--The term ``gray zone activity'' has 
        the meaning given that term in section 825 of the Intelligence 
        Authorization Act for Fiscal Year 2022 (Public Law 117-103).
          (2) Gray zone asset.--The term ``gray zone asset''--
                  (A) means an entity or proxy that is controlled, in 
                whole or in part, by a foreign adversary of the United 
                States and is used by such foreign adversary in 
                connection with a gray zone activity; and
                  (B) includes a state-owned enterprise of a foreign 
                adversary that is so used.

SEC. 607. INTELLIGENCE ASSESSMENT ON EFFECTS OF SANCTIONS ON RUSSIA.

  (a) Requirement.--Not later than 120 days after the date of the 
enactment of this Act, the Assistant Secretary of the Treasury for 
Intelligence and Analysis, in consultation with other departments and 
agencies of the United States Government that the Assistant Secretary 
determines appropriate, shall submit to the appropriate congressional 
committees an intelligence assessment on the effects of the financial 
and economic sanctions the United States, and the allies and partners 
of the United States, have imposed on Russia following its further 
unjustified incursion into Ukrainian territory on February 24, 2022.
  (b) Elements.--The assessment under subsection (a) shall include the 
following:
          (1) An analysis of the effects of sanctions on the economy of 
        Russia and on individual sectors, entities, and persons.
          (2) Methodologies for assessing the effects of different 
        categories of financial and economic sanctions and export 
        controls on the targets of the sanctions, including with 
        respect to specific industries, entities, individuals, or 
        transactions.
          (3) A discussion of sanctions that had significant effects 
        based on the methodologies under paragraph (2).
          (4) A discussion of sanctions that had no measurable effects 
        based on the methodologies under paragraph (2).
          (5) A description of measures that the Russian Government has 
        introduced to mitigate the effects of sanctions and an analysis 
        of the efficacy of such measures.
          (6) A projection of the effects of sanctions in the short- 
        and long-term following the date of the assessment.
          (7) A description of evasion techniques used by the Russian 
        Government, entities, and persons covered by the sanctions, and 
        by other governments, entities, and persons who have assisted 
        in the use of such techniques, in response to the sanctions.
          (8) An enumeration of--
                  (A) the known governments, entities, and persons who 
                have assisted in the use of evasion techniques 
                described in paragraph (7); and
                  (B) the types of transactions for which assistance 
                has been provided.
  (c) Form.--The intelligence assessment under subsection (a) may be 
submitted in classified form, but if so submitted shall include an 
unclassified executive summary, consistent with the protection of 
sources and methods.
  (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the congressional intelligence committees;
          (2) the Committee on Foreign Affairs and the Committee on 
        Finance of the House of Representatives; and
          (3) the Committee on Foreign Relations and the Committee on 
        Finance of the Senate.

                 Subtitle B--Reports and Other Matters

SEC. 611. REPORT ON ASSESSING WILL TO FIGHT.

  (a) Findings.--Congress finds the following:
          (1) According to a study by the RAND corporation, ``will to 
        fight'' is poorly analyzed and the least understood aspect of 
        war.
          (2) In testimony before the Select Committee on Intelligence 
        of the Senate in May 2022, top intelligence officials of the 
        United States indicated that although the intelligence 
        community accurately anticipated Russia's invasion of Ukraine, 
        the intelligence community did not accurately assess the will 
        of Ukrainian forces to fight in opposition to a Russian 
        invasion or that the Ukrainian forces would succeed in averting 
        a rapid Russian military occupation of Kyiv.
          (3) According to the RAND corporation, the intelligence 
        community estimated that the Afghan government's forces could 
        hold out against the Taliban for as long as 2 years if all 
        ground forces of the United States were withdrawn. This 
        estimate was revised in June 2021 to reflect an intelligence 
        community view that Afghanistan's military collapse could come 
        in 6 to 12 months. In August 2021, the Afghan government fell 
        within days after the ground forces of the United States were 
        withdrawn.
          (4) Similarly, the rapid advance of the Islamic State in Iraq 
        and Syria and near-total collapse of the Iraqi Security Forces 
        in 2014 appeared to take the policymakers of the United States 
        by surprise.
          (5) The apparent gaps in these analyses had important 
        implications for policy decisions of the United States toward 
        Russia and Afghanistan, and suggest a need for further 
        examination of how the intelligence community assesses a 
        foreign military's will to fight.
  (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, acting through the 
National Intelligence Council, and in coordination with the heads of 
the elements of the intelligence community that the Director determines 
appropriate, shall submit to the appropriate congressional committees a 
report examining the extent to which analyses of the military will to 
fight and the national will to fight informed the all-source analyses 
of the intelligence community regarding how the armed forces and 
governments of Ukraine, Afghanistan, and Iraq would perform at key 
junctures.
  (c) Elements.--The report under subsection (b) shall include the 
following:
          (1) The methodology of the intelligence community for 
        measuring the military will to fight and the national will to 
        fight of a foreign country.
          (2) The extent to which analysts of the intelligence 
        community applied such methodology when assessing the military 
        will to fight and the national will to fight of--
                  (A) Afghanistan following the April 2021 announcement 
                of the full withdrawal of the United States Armed 
                Forces;
                  (B) Iraq in the face of the rapid emergence and 
                advancement in 2014 of Islamic State in Iraq and Syria; 
                and
                  (C) Ukraine and Russia during the initial phase of 
                the invasion and march toward Kyiv by Russia in 
                February 2022.
          (3) The extent to which--
                  (A) the assessments described in paragraph (2) 
                depended on the observations of personnel of the United 
                States Armed Forces who had trained Afghan, Iraqi, and 
                Ukrainian armed forces; and
                  (B) such observations reflected any standardized, 
                objective methodology.
          (4) Whether shortcomings in assessing the military will to 
        fight and the national will to fight may have affected the 
        capacity of the intelligence community to provide ``early 
        warning'' about the collapse of government forces in Iraq and 
        Afghanistan.
          (5) The extent to which ``red teaming'' was used to test the 
        assessments described in paragraph (2).
          (6) The extent to which dissenting opinions of intelligence 
        analysts were highlighted in final written products presented 
        to senior policymakers of the United States.
          (7) The extent to which analysts and supervisors adhered to 
        the policies, procedures, directives, and best practices of the 
        intelligence community.
          (8) Recommendations for analyses by the intelligence 
        community going forward to incorporate lessons learned and 
        enhance the quality of future analytical products to more 
        accurately reflect the military will to fight and the national 
        will to fight and improve the capacity of the intelligence 
        community to accurately predict the success or failure of the 
        armed forces of a foreign country.
  (d) Annex.--In submitting the report under subsection (b) to the 
congressional intelligence committees, the Director shall also include 
an accompanying annex, which shall be classified, providing an 
inventory of the following:
          (1) Collection gaps and challenges that may have affected the 
        analysis of the collapse of government forces in Iraq and 
        Afghanistan.
          (2) Actions that the Director of National Intelligence has 
        taken to mitigate such gaps and challenges.
  (e) Form.--The report under subsection (b) may be submitted in 
classified form, but if so submitted, shall include an unclassified 
summary of key findings, consistent with the protection of intelligence 
sources and methods.
  (f) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the following:
                  (A) The congressional intelligence committees.
                  (B) The Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
                  (C) The Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate.
          (2) Military will to fight.--The term ``military will to 
        fight'' means, with respect to the military of a country, the 
        disposition and decision to fight, act, or persevere as needed.
          (3) National will to fight.--The term ``national will to 
        fight'' means, with respect to the government of a country, the 
        resolve to conduct sustained military and other operations for 
        an objective even when the expectation of success decreases or 
        the need for significant political, economic, and military 
        sacrifices increases.

SEC. 612. REPORT ON IMPACT OF RUSSIA INVASION OF UKRAINE ON GLOBAL FOOD 
                    SECURITY.

  (a) Requirement.--Not later than 180 days after the date of enactment 
of this Act, the Director of National Intelligence, in coordination 
with the Assistant Secretary of State for Intelligence and Research and 
other heads of elements of the intelligence community as the Director 
determines appropriate, shall submit to the congressional intelligence 
committees a report on the implications of Russia's invasion of Ukraine 
on global food insecurity and the impact on national security.
  (b) Elements.--The report under subsection (a) shall include the 
following:
          (1) An assessment of global food insecurity resulting from 
        Russia's invasion of Ukraine, including--
                  (A) the potential for political instability as a 
                result of such food insecurity;
                  (B) the implications for national security; and
                  (C) a description of which regions are at greatest 
                risk of such food insecurity.
          (2) An assessment of whether Russia has taken intentional 
        steps to cause a global food shortage.
          (3) An assessment of whether Russia, China, or any other 
        foreign actor has the capability to weaponize food supply or 
        cause disruptions in global food supply to serve geopolitical 
        purposes.
  (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.

SEC. 613. REPORT ON THREAT FROM HYPERSONIC WEAPONS.

  (a) Report.--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 a report containing an assessment 
of the threat to the United States from hypersonic weapons in light of 
the use of such weapons by Russia in Ukraine.
  (b) Elements.--The assessment under subsection (a) shall include the 
following:
          (1) The information learned by the United States regarding 
        the hypersonic weapons capabilities of Russia.
          (2) Insights into the doctrine of Russia regarding the use of 
        hypersonic weapons.
          (3) An assessment of how foreign countries view the threat of 
        hypersonic weapons.
          (4) An assessment of the degree to which the development of 
        missiles with similar capabilities as hypersonic weapons used 
        by Russia would enhance or reduce the ability of the United 
        States to deter Russia from threatening the national security 
        of the United States.
  (c) Form.--The report under subsection (a) may be submitted in 
classified form.

SEC. 614. REPORT ON ORDNANCE OF RUSSIA AND CHINA.

  (a) Requirement.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Defense Intelligence Agency 
shall submit to the congressional intelligence committees and the 
congressional defense committees a report on ordnance of Russia and 
China, including the technical specificity required for the safe 
handling and disposal of such ordnance.
  (b) Coordination.--The Director shall carry out subsection (a) in 
coordination with the head of any element of the Defense Intelligence 
Enterprise that the Director determines appropriate.
  (c) Definitions.--In this section:
          (1) Congressional defense committees.--The term 
        ``congressional defense committees'' has the meaning given that 
        term in section 101(a) of title 10, United States Code.
          (2) Defense intelligence enterprise.--The term ``Defense 
        Intelligence Enterprise'' has the meaning given that term in 
        section 426(b) of title 10, United States Code.

SEC. 615. REPORT ON ACTIVITIES OF CHINA AND RUSSIA TARGETING LATIN 
                    AMERICA AND THE CARIBBEAN.

  (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, acting through the 
National Intelligence Council, shall submit to the congressional 
intelligence committees a report on activities undertaken by China and 
Russia in Latin America and the Caribbean that are intended to increase 
the influence of China and Russia, respectively, therein. Such report 
shall include a description of the following:
          (1) Foreign malign influence campaigns by China and Russia 
        targeting Latin America and the Caribbean.
          (2) Financial investments intended to increase Chinese or 
        Russian influence in Latin America and the Caribbean.
          (3) Efforts by China and Russia to expand diplomatic, 
        military, or other ties to Latin America and the Caribbean.
          (4) Any other activities determined appropriate by the 
        Director.
  (b) Matters.--With respect to the description of foreign malign 
influence campaigns under subsection (a), the report shall include an 
assessment of the following:
          (1) The objectives of any such campaign.
          (2) The themes and messaging used in any such campaign.
          (3) The scale and nature of the threat posed by any such 
        campaign.
          (4) The effect of such threat on the national security, 
        diplomatic, military, or economic interests of the United 
        States.
          (5) Any gaps in the intelligence collection or analysis of 
        the intelligence community with respect to such threat, and 
        recommendations for the mitigation of any such gaps.
          (6) Opportunities for the heads of the intelligence 
        community, or other relevant United States Government entities, 
        to identify, disrupt, or counter the campaigns specified in 
        subsection (a).
  (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
  (d) Definitions.--In this section:
          (1) 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 foreign country with the objective of 
        influencing, through overt or covert means--
                  (A) the political, military, economic, or other 
                policies or activities of the government of the country 
                that is the target of the hostile effort, including any 
                election within such target country; or
                  (B) the public opinion within such target country.
          (2) Latin america and the caribbean.--The term ``Latin 
        America and the Caribbean'' means the countries and non-United 
        States territories of South America, Central America, the 
        Caribbean, and Mexico.

SEC. 616. REPORT ON SUPPORT PROVIDED BY CHINA TO RUSSIA.

  (a) Requirement.--Not later than 90 days after the date of the 
enactment of this Act, and every 180 days thereafter, consistent with 
the protection of intelligence sources and methods, the Director of 
National Intelligence, in consultation with the heads of elements of 
the intelligence community that the Director determines appropriate, 
shall submit to the appropriate congressional committees a report on 
whether and how China, including with respect to the Government of the 
People's Republic of China, the Chinese Communist Party, any Chinese 
state-owned enterprise, and any other Chinese entity, has provided 
support to Russia with respect to the unprovoked invasion of and full-
scale war by Russia against Ukraine.
  (b) Matters Included.--The report under subsection (a) shall include 
a discussion of support provided by China to Russia with respect to--
          (1) helping the Government of Russia or Russian entities 
        evade or circumvent sanctions by the United States or 
        multilateral sanctions and export controls;
          (2) deliberately inhibiting onsite United States Government 
        export control end-use checks, including interviews and 
        investigations, in China;
          (3) providing Russia with any technology, including 
        semiconductors classified as EAR99, that supports Russian 
        intelligence or military capabilities;
          (4) establishing economic or financial arrangements that will 
        have the effect of alleviating the effect of sanctions by the 
        United States or multilateral sanctions; and
          (5) providing any material, technical, or logistical support, 
        including to Russian military or intelligence agencies and 
        state-owned or state-linked enterprises.
  (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may contain a classified annex.
  (d) Sunset.--The requirement to submit the report under subsection 
(a) shall terminate on the earlier of--
          (1) the date on which the Director of National Intelligence 
        determines the conflict in Ukraine has ended; or
          (2) the date that is 2 years after the date of the enactment 
        of this Act.
  (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the congressional intelligence committees;
          (2) the Committee on Foreign Affairs and the Committee on 
        Financial Services of the House of Representatives; and
          (3) the Committee on Foreign Relations and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate.

SEC. 617. REPORT ON GLOBAL CCP INVESTMENT IN PORT INFRASTRUCTURE.

  (a) In General.--Not later than 180 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 Defense, 
shall submit to the appropriate congressional committees a report 
documenting all Chinese investment in port infrastructure globally, 
during the period beginning on January 1, 2012, and ending on the date 
of the submission of the report, and the commercial and economic 
implications of such investments. The report shall also include the 
following:
          (1) A review of existing and potential or planned future 
        Chinese investments, including investments by government 
        entities, and state-owned enterprises, in port infrastructure 
        at such ports.
          (2) Any known Chinese interest in establishing a military 
        presence at or near such ports.
          (3) An assessment of China's current and potential future 
        ability to leverage commercial ports for military purposes and 
        the implications of such ability for the national and economic 
        security of the United States.
  (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form but may include a classified annex produced 
consistent with the protection of sources and methods.
  (c) 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 Committee on 
        Foreign Affairs of the House of Representatives; and
          (3) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

SEC. 618. SENSE OF CONGRESS ON PROVISION OF SUPPORT BY INTELLIGENCE 
                    COMMUNITY FOR ATROCITY PREVENTION AND 
                    ACCOUNTABILITY.

  (a) Sense of Congress.--It is the sense of Congress that the efforts 
of the United States Government regarding atrocity prevention and 
response through interagency coordination, such as the Atrocity Warning 
Task Force, are critically important and that the Director of National 
Intelligence and the Secretary of Defense should, as appropriate, do 
the following:
          (1) Require each element of the intelligence community to 
        support the Atrocity Warning Task Force in its mission to 
        prevent genocide and atrocities through policy formulation and 
        program development by--
                  (A) collecting and analyzing intelligence identified 
                as an atrocity, as defined in the Elie Wiesel Genocide 
                and Atrocities Prevention Act of 2018 (Public Law 115-
                441; 132 Stat. 5586);
                  (B) preparing unclassified intelligence data and 
                geospatial imagery products for coordination with 
                appropriate domestic, foreign, and international courts 
                and tribunals prosecuting persons responsible for 
                crimes for which such imagery and intelligence may 
                provide evidence (including genocide, crimes against 
                humanity, and war crimes, including with respect to 
                missing persons and suspected atrocity crime scenes); 
                and
                  (C) reassessing archived geospatial imagery 
                containing indicators of war crimes, other atrocities, 
                forced disappearances, and atrocity crime scenes.
          (2) Continue to make available inputs to the Atrocity Warning 
        Task Force for the development of the Department of State 
        Atrocity Early Warning Assessment and share open-source data to 
        support pre-atrocity and genocide indicators and warnings to 
        the Atrocity Warning Task Force.
          (3) Provide the President and Congress with recommendations 
        to improve policies, programs, resources, and tools relating to 
        atrocity intelligence collection and interagency coordination.
          (4) Regularly consult and participate with designated 
        interagency representatives of relevant agencies and 
        departments of the United States Government.
          (5) Ensure resources are made available for the policies, 
        programs, and tools relating to atrocity intelligence 
        collection and coordination with the Atrocity Warning Task 
        Force.
  (b) Definitions.--In this section:
          (1) Atrocities.--The term ``atrocities'' has the meaning 
        given that term in section 6 of the Elie Wiesel Genocide and 
        Atrocities Prevention Act of 2018 (Public Law 115-441; 132 
        Stat. 5586).
          (2) Atrocity crime scene.--The term ``atrocity crime scene'' 
        means 1 or more locations that are relevant to the 
        investigation of an atrocity, including buildings or locations 
        (including bodies of water) where physical evidence may be 
        collected relating to the perpetrators, victims, and events of 
        the atrocity, such as mass graves and other sites containing 
        deceased individuals.

                  TITLE VII--REPORTS AND OTHER MATTERS

SEC. 701. REPEAL OF CERTAIN REPORT REQUIREMENTS.

  (a) Annual Federal Data Mining Report.--The Federal Agency Data 
Mining Reporting Act of 2007 (42 U.S.C. 2000ee-3) is repealed.
  (b) Reports on Security Services of the People's Republic of China in 
the Hong Kong Special Administrative Region.--Section 1107A of the 
National Security Act of 1947 (50 U.S.C. 3237a) is amended--
          (1) by repealing such section; and
          (2) by amending the table of sections in title IX by striking 
        the item relating to section 1107A.
  (c) Annual Update to Report on Foreign Weaponization of Deepfakes and 
Deepfake Technology.--Section 5709 of the National Defense 
Authorization Act for Fiscal Year 2020 (50 U.S.C. 3369a) is amended--
          (1) by striking subsection (d); and
          (2) by redesignating subsection (e) as subsection (d).

SEC. 702. INCREASED INTELLIGENCE-RELATED ENGINEERING, RESEARCH, AND 
                    DEVELOPMENT CAPABILITIES OF MINORITY INSTITUTIONS.

  (a) Plan.--
          (1) Requirement.--The Director of National Intelligence shall 
        develop a plan to promote intelligence-related engineering, 
        research, and development activities at covered institutions 
        for the purpose of contributing toward the research necessary 
        to achieve the intelligence advantage of the United States.
          (2) Elements.--The plan under paragraph (1) shall include the 
        following:
                  (A) An assessment of opportunities to support 
                engineering, research, and development at covered 
                institutions in computer sciences, including artificial 
                intelligence, quantum computing, and machine learning, 
                synthetic biology, and an assessment of opportunities 
                to support the associated workforce and physical 
                research infrastructure of such institutions.
                  (B) An assessment of opportunities to enhance the 
                ability of covered institutions--
                          (i) to participate in intelligence-related 
                        engineering, research, and development 
                        activities; and
                          (ii) to effectively compete for intelligence-
                        related engineering, research and development 
                        contracts in support of the most urgent 
                        research requirements of the intelligence 
                        community.
                  (C) An assessment of the activities and investments 
                the Director determines necessary--
                          (i) to expand opportunities for covered 
                        institutions to partner with other research 
                        organizations and educational institutions that 
                        the intelligence community frequently partners 
                        with to conduct research; and
                          (ii) to increase participation of covered 
                        institutions in intelligence-related 
                        engineering, research, and development 
                        activities.
                  (D) Recommendations identifying actions that may be 
                taken by the Director, Congress, covered institutions, 
                and other organizations to increase participation of 
                such institutions in intelligence-related engineering, 
                research, and development activities and contracts.
                  (E) Specific goals, incentives, and metrics to 
                increase and measure the capacity of covered 
                institutions to address the engineering, research, and 
                development needs of the intelligence community.
          (3) Consultation.--In developing the plan under paragraph 
        (1), the Director shall consult with covered institutions and 
        other departments or agencies of the United States Government 
        or private sector organizations that the Director determines 
        appropriate.
          (4) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Director shall submit to the 
        congressional intelligence committees, and make publicly 
        available on the internet website of the Director, a report 
        containing the plan under paragraph (1).
  (b) Activities to Support Research and Engineering Capacity.--Subject 
to the availability of appropriations for such purpose, the Director 
may establish a program to award contracts, grants, or other 
agreements, on a competitive basis, and to perform other appropriate 
activities, for any of the following purposes:
          (1) Developing the capability, including the workforce and 
        the research infrastructure, for covered institutions to more 
        effectively compete for intelligence-related engineering, 
        research, and development activities and contracts.
          (2) Any other purposes the Director determines appropriate to 
        enhance the capabilities of covered institutions to carry out 
        intelligence-related engineering, research, and development 
        activities and contracts.
  (c) Increased Partnerships Between IARPA and Covered Institutions.--
The Director shall establish goals and incentives to encourage the 
Intelligence Advanced Research Projects Activity to--
          (1) partner with covered institutions to advance the research 
        and development needs of the intelligence community through 
        partnerships and collaborations with the Intelligence Advanced 
        Research Projects Activity; and
          (2) if the Director determines appropriate, foster the 
        establishment of similar relationships between such 
        institutions and other organizations that have partnerships 
        with the Intelligence Advanced Research Projects Activity.
  (d) Covered Institution Defined.--In this section, the term ``covered 
institution'' means the following:
          (1) A part B institution (as defined in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061)).
          (2) An institution of higher education (as defined in section 
        101 of the Higher Education Act of 1965(20 U.S.C. 1001)) not 
        covered by paragraph (1) at which not less than 50 percent of 
        the total student enrollment consists of students from ethnic 
        groups that are underrepresented in the fields of science and 
        engineering, as determined by the Director of National 
        Intelligence.

SEC. 703. ANNUAL REPORT ON RESPONSE TO GOVERNMENT ACCOUNTABILITY OFFICE 
                    RECOMMENDATIONS TO INTELLIGENCE COMMUNITY.

  (a) Annual Report.--Not later than October 31, 2023, and annually 
thereafter until October 31, 2028, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
a report, consolidated from each element of the intelligence community, 
regarding the status of responses to the recommendations made by the 
Comptroller General to the Director or to the other heads of the 
elements of the intelligence community.
  (b) Elements.--Each report under subsection (a) shall include the 
following:
          (1) A list of any open recommendations as of September 30 of 
        the year in which the report is submitted (using a unique 
        identifier for each open recommendation).
          (2) A description of the actions the Director or the other 
        heads of the elements of the intelligence community have taken, 
        alone or in coordination with other departments or agencies of 
        the United States Government, to implement or otherwise respond 
        to each such open recommendation.
          (3) Of such open recommendations, a list of any 
        recommendations (using a unique identifier for each 
        recommendation) with which the Director or the other heads of 
        the elements of the intelligence community do not concur and 
        intend to take no action to implement, including a detailed 
        justification for each such determination.
  (c) Open Recommendation Defined.--In this section, the term ``open 
recommendation'' means a recommendation that the Comptroller General 
has not designated as closed.

SEC. 704. ANNUAL REPORT ON EFFORTS OF THE FEDERAL BUREAU OF 
                    INVESTIGATION TO IDENTIFY AND PROMOTE DIVERSE 
                    CANDIDATES.

  (a) Statistical Report.--
          (1) Requirement.--Not later than 90 days after the date of 
        the enactment of this Act, and annually thereafter through 
        2027, the Director of the Federal Bureau of Investigation shall 
        submit to the appropriate congressional committees, and make 
        publicly available on the internet website of the Director, a 
        statistical report on the status of the efforts of the Federal 
        Bureau of Investigation to identify and promote diverse 
        candidates.
          (2) Elements.--Each report under paragraph (1) shall include, 
        with respect to the year covered by the report, tables of 
        figures that break down, by race and gender, the following:
                  (A) With respect to each covered position--
                          (i) the total number of Special Agents, and 
                        the percentage of Special Agents, who apply to 
                        such positions;
                          (ii) the total number of Special Agents, and 
                        the percentage of Special Agents, who are 
                        interviewed for such positions;
                          (iii) the total number of Special Agents, and 
                        the percentage of Special Agents, who are 
                        selected for such positions; and
                          (iv) the average number of times a Special 
                        Agent applied for such position before 
                        selection.
                  (B) With respect to GS-14 and GS-15 positions--
                          (i) the total number of individuals in such 
                        positions, and the percentage of such 
                        individuals, who retired; and
                          (ii) the total number of individuals in such 
                        positions, and the percentage of such 
                        individuals, who retired early.
  (b) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the congressional intelligence committees; and
                  (B) the Committees on the Judiciary and the 
                Committees on Appropriations of the House of 
                Representatives and the Senate.
          (2) Covered position.--The term ``covered position'' means, 
        with respect to positions in the Federal Bureau of 
        Investigation, the following:
                  (A) Federal Bureau of Investigation Headquarters 
                Supervisory Special Agent program manager.
                  (B) Field Supervisory Special Agent.
                  (C) Assistant Special Agent in Charge.
                  (D) Special Agent in Charge.
                  (E) Senior executive.
          (3) Senior executive.--The term ``senior executive'' means, 
        with respect to positions in the Federal Bureau of 
        Investigation, the following:
                  (A) Deputy Assistant Director.
                  (B) Assistant Director.
                  (C) Executive Assistant Director.
                  (D) Associate Deputy Director.
                  (E) Deputy Director.

SEC. 705. REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS UNDER 
                    TRUSTED WORKFORCE 2.0 INITIATIVE.

  (a) Reports.--Not later than September 30, 2023, and annually 
thereafter until September 30, 2027, the Security Executive Agent, in 
coordination with the Chair and other Principals of the Council, shall 
submit to the congressional intelligence committees a report on the 
personnel vetting processes of the United States Government.
  (b) Elements.--Each report under subsection (a) shall include, with 
respect to the preceding fiscal year, the following:
          (1) An analysis of the timeliness, costs, and other related 
        information for the initiations, investigations (including 
        initial investigations and periodic reinvestigations), and 
        adjudications of personnel security clearances. Such analysis 
        shall include the following:
                  (A) The average periods of time taken (from the date 
                of the submission of a completed security clearance 
                application to the date of the ultimate disposition and 
                notification to the subject and the employer of the 
                subject) by each authorized investigative agency and 
                authorized adjudicative agency to initiate 
                investigations, conduct investigations, and adjudicate 
                security clearances, as compared with established 
                timeliness objectives.
                  (B) The number of initial investigations and periodic 
                reinvestigations initiated and adjudicated by each 
                authorized investigative agency and authorized 
                adjudicative agency.
                  (C) The number of initial investigations and periodic 
                reinvestigations carried over to the fiscal year 
                covered by the report from a prior fiscal year by each 
                authorized investigative agency and authorized 
                adjudicative agency.
                  (D) The number of initial investigations and periodic 
                reinvestigations that resulted in a denial or 
                revocation of a security clearance by each authorized 
                adjudicative agency.
                  (E) The costs to the executive branch relating to 
                personnel security clearance initiations, 
                investigations, adjudications, revocations, and 
                continuous vetting with respect to such clearances.
                  (F) A discussion of any impediments, including with 
                respect to resources, personnel, or authorities, to the 
                timely processing of personnel security clearances.
                  (G) The number of individuals who hold a personnel 
                security clearance and are enrolled in a program of 
                continuous vetting with respect to such clearance, and 
                the numbers and types of adverse actions taken by each 
                authorized adjudicative agency as a result of such 
                continuous vetting.
                  (H) The number of personnel security clearances 
                awaiting or under investigation (including initial 
                investigation and periodic reinvestigation) by the 
                Director of the Defense Counterintelligence and 
                Security Agency and each authorized investigative 
                agency.
                  (I) Such other information as the Security Executive 
                Agent may determine appropriate, including any 
                recommendations to improve the timeliness and 
                efficiency of personnel security clearance initiations, 
                investigations, and adjudications.
          (2) An analysis of the status of the implementation of the 
        Trusted Workforce 2.0 initiative sponsored by the Council, 
        including the following:
                  (A) A list of the policies issued by the Council for 
                the Trusted Workforce 2.0 initiative, and a list of 
                expected issuance dates for planned policies of the 
                Council for such initiative.
                  (B) A list of the departments and agencies of the 
                executive branch that have identified a senior 
                implementation official to be accountable for the 
                implementation of the Trusted Workforce 2.0 initiative, 
                in accordance with the memorandum on transforming 
                Federal personnel vetting issued by the Assistant to 
                the President for National Security Affairs on December 
                14, 2021, including an identification of the position 
                of such senior implementation official within the 
                respective department or agency.
                  (C) A list of the departments and agencies of the 
                executive branch that have submitted implementation 
                plans, and subsequent progress reports, with respect to 
                the Trusted Workforce 2.0 initiative, as required by 
                the memorandum specified in subparagraph (B).
                  (D) A summary of the progress that the departments 
                and agencies of the executive branch have made 
                implementing the Trusted Workforce 2.0 initiative.
          (3) An analysis of the transfers between, and reciprocal 
        recognition among, the heads of the departments and agencies of 
        the executive branch of security clearance background 
        investigations and determinations and other investigations and 
        determinations relating to personnel vetting (including with 
        respect to trust, suitability, fitness, credentialing, and 
        access). Such analysis shall include, with respect to such 
        investigations and determinations, the following:
                  (A) The number of employees for whom a prior such 
                investigation or determination was recognized and 
                accepted by the head of a department or agency without 
                the head requiring additional investigative or 
                adjudicative steps, disaggregated by department or 
                agency.
                  (B) The number of employees for whom a prior such 
                investigation or determination was not recognized or 
                accepted by the head of a department or agency without 
                the head requiring additional investigative or 
                adjudicative steps, disaggregated by department or 
                agency.
                  (C) The reasons most frequently cited by such heads 
                for the failure to recognize or accept a prior such 
                investigation or determination, disaggregated by 
                department or agency.
                  (D) The average number of days for the head of a 
                department or agency to recognize and accept a prior 
                such investigation or determination (from the date the 
                head initiates the process to consider the prior 
                investigation or determination for recognition and 
                acceptance, to the date the head makes a final 
                determination on such recognition and acceptance), 
                disaggregated by agency.
          (4) A discussion of any impediments, constraints, and 
        opportunities relating to--
                  (A) the timeliness of the personnel security 
                clearance process across the United States Government;
                  (B) the implementation of the Trusted Workforce 2.0 
                initiative; or
                  (C) the transfer and reciprocal recognition of 
                determinations relating to personnel vetting between 
                and among departments and agencies.
  (c) Definitions.--In this section:
          (1) Authorized adjudicative agency; authorized investigative 
        agency; personnel security investigation; periodic 
        reinvestigation.--The terms ``authorized adjudicative agency'', 
        ``authorized investigative agency'', ``personnel security 
        investigation'', and ``periodic reinvestigation'' have the 
        meanings given those terms in section 3001(a) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (50 
        U.S.C. 3341(a)).
          (2) Continuous vetting; council; security executive agent.--
        The terms ``continuous vetting'', ``Council'', and ``Security 
        Executive Agent'' have the meanings given those terms in 
        section 6601 of the Damon Paul Nelson and Matthew Young Pollard 
        Intelligence Authorization Act for Fiscal Years 2018, 2019, and 
        2020 (50 U.S.C. 3352).

SEC. 706. REPORTS RELATING TO PROGRAMS OF RECORD OF NATIONAL 
                    GEOSPATIAL-INTELLIGENCE AGENCY.

  (a) Findings.--Congress finds the following:
          (1) The National Geospatial-Intelligence Agency has struggled 
        to identify the programs and activities of the Agency, to 
        include significant, enduring programs determined by the Agency 
        to be ``programs of record'', comprehensively and in a fashion 
        that enables budget auditability and oversight by the Office of 
        the Director of National Intelligence, the Office of Management 
        and Budget, and the congressional intelligence committees.
          (2) The National Geospatial-Intelligence Agency has rebuffed 
        repeated requests by the House Permanent Select Committee on 
        Intelligence to furnish to such Committee the definition for 
        the term ``program of record'' used by the Agency.
  (b) Reports Required.--
          (1) Report to congressional intelligence committees.--Not 
        later than 30 days after the date of the enactment of this Act, 
        the Director of the National Geospatial-Intelligence Agency, 
        consistent with the protection of intelligence sources and 
        methods, shall submit to the congressional intelligence 
        committees a report on the programs and activities of the 
        Agency. Such report shall include, at a minimum, the following:
                  (A) An identification of any definition for the term 
                ``program of record'' used by the Agency during the 
                period beginning October 1, 2017, and ending on the 
                date of the submission of the report.
                  (B) A detailed description of each current program 
                and activity of the Agency, including each current 
                program of record of the Agency.
                  (C) A detailed explanation of how funding and other 
                information relating to each such program of record or 
                other program or activity may be located within the 
                budget justification materials submitted to Congress.
          (2) Report to congressional intelligence and defense 
        committees.--Not later than 30 days after the date of the 
        enactment of this Act, the Director of the National Geospatial-
        Intelligence Agency, consistent with the protection of 
        intelligence sources and methods, shall submit to the 
        appropriate congressional committees a report on the programs 
        and activities of the Agency that are funded in full or in part 
        under the Military Intelligence Program. Such report shall 
        include, at a minimum, the following:
                  (A) An identification of any definition for the term 
                ``program of record'' used by the Agency during the 
                period beginning October 1, 2017 and ending on the date 
                of the submission of the report.
                  (B) A detailed description of each current program 
                and activity of the Agency funded in full or in part 
                under the Military Intelligence Program, including each 
                current program of record of the Agency funded in full 
                or in part under the Military Intelligence Program.
                  (C) A detailed explanation of how funding and other 
                information relating to each such program of record or 
                other program or activity funded in full or in part 
                under the Military Intelligence Program may be located 
                within the budget justification materials submitted to 
                Congress.
          (3) Form.--Each report under this subsection may be submitted 
        in classified form, but if so submitted shall include an 
        unclassified executive summary.
  (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the congressional intelligence committees; and
          (2) the congressional defense committees (as defined in 
        section 101(a)(16) of title 10, United States Code).

SEC. 707. PLAN REGARDING SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER.

  (a) Plan.--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 operationalize the 
Social Media Data and Threat Analysis Center in accordance with section 
5323 of 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; 50 U.S.C. 3369).
  (b) Elements.--The plan under subsection (a) shall include a 
description of how the Social Media Data and Threat Analysis Center 
shall--
          (1) coordinate with social media companies and other public-
        facing internet-based platforms to determine--
                  (A) what categories of data and metadata are useful 
                indicators of internet-based foreign malign influence 
                activities; and
                  (B) how such data and metadata may be shared 
                effectively with the Center while protecting the 
                privacy and civil liberties of United States users of 
                social media platforms and other public-facing 
                internet-based platforms; and
          (2) develop criteria under which social media companies and 
        other public-facing internet-based platforms shall share 
        indicators of internet-based foreign malign influence 
        activities with the Center, including a description of--
                  (A) the timeliness and consistency of such sharing of 
                indicators;
                  (B) the categories of indicators to be shared; and
                  (C) the protection of privacy, civil liberties, and 
                constitutionally protected activities of users of 
                social media platforms and other public-facing 
                internet-based platforms.

SEC. 708. REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA INFORMATION 
                    IN PERSONNEL VETTING DETERMINATIONS.

  (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, in coordination 
with other heads of the elements of the intelligence community that the 
Director determines appropriate, and in consultation with the other 
principal members of the Council, shall submit to the congressional 
intelligence committees a report regarding the current and planned use 
of publicly available social media information in the personnel vetting 
and security clearance processes.
  (b) Elements.--The report under subsection (a) shall include the 
following:
          (1) A description of how departments and agencies of the 
        United States Government have implemented Security Executive 
        Agent Directive 5 titled ``Collection, Use, and Retention of 
        Publicly Available Social Media Information in Personnel 
        Security Background Investigations and Adjudications'', and 
        relevant agency implementing guidance, including Department of 
        Defense Instruction 1325.06 titled ``Handling Protest, 
        Extremist, and Criminal Gang Activities among Members of the 
        Armed Forces''.
          (2) A description of how the use of publicly available social 
        media in personnel vetting determinations and security 
        clearance investigations and adjudications is, or will be, 
        captured in the National Background Investigation Services 
        system and other information technology systems used in the 
        personnel vetting process.
          (3) A description of how publicly available social media 
        information is used, and will be used, in continuous vetting 
        and security clearances processes and insider threat programs.
          (4) A description of any privacy or civil liberties concerns 
        with the use of publicly available social media information in 
        personnel vetting or security clearance determinations, 
        including a discussion of the risks, benefits, and drawbacks of 
        allowing for the voluntary provision of, or voluntary access 
        to, nonpublicly available social media information in the 
        regular course of personnel vetting and security clearance 
        processes.
          (5) A discussion of the extent to which officials and 
        entities of the United States Government responsible for 
        privacy and civil liberties matters, including the Chief of the 
        Office of Civil Liberties, Privacy, and Transparency of the 
        Office of the Director of National Intelligence and the civil 
        liberties officers of departments and agencies of the United 
        States Government, are involved in the development and 
        operation of programs to use social media information in 
        personnel vetting and security clearance processes.
          (6) A discussion of any impediments, constraints, risks, or 
        drawbacks relating to the use of publicly available social 
        media information in personnel vetting and security clearance 
        processes, including--
                  (A) challenges associated with implementation of 
                Security Executive Agent Directive 5, Department of 
                Defense Instruction 1325.06, and other relevant 
                guidance;
                  (B) the resources required, including with respect to 
                personnel, funding, and information systems, to gather, 
                assess, and make use of such information; and
                  (C) an analysis of the costs and benefits of the use 
                of publicly available social media information.
          (7) An implementation plan for the future use of publicly 
        available social media information, based on relevant findings 
        under paragraphs (1) through (6).
  (c) Definitions.--The terms ``continuous vetting'', ``Council'', and 
``Security Executive Agent'' have the meanings given those terms in 
section 6601 of the Damon Paul Nelson and Matthew Young Pollard 
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 
(50 U.S.C. 3352).

SEC. 709. REPORT ON STRENGTHENING WORKFORCE DIVERSITY PLANNING AND 
                    OVERSIGHT.

  (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, in coordination 
with the heads of the elements of the intelligence community, shall 
submit to the congressional intelligence committees a report discussing 
steps to enhance the strategic planning for, measure the progress of, 
and assess barriers to workforce diversity in the intelligence 
community.
  (b) Elements.--The report under subsection (a) shall include the 
following:
          (1) A discussion of existing, updated, or new guidance 
        requiring all elements of the intelligence community to 
        maintain current and complete diversity strategic plans that 
        contain specific objectives, timeframes, and responsibilities.
          (2) A discussion of progress made by individual elements 
        toward maintaining such plans.
          (3) A discussion of existing, updated, or new guidance to 
        ensure individual elements develop performance measures to 
        assess the contribution of activities toward achieving 
        diversity goals and overall progress.
          (4) A discussion of progress made by individual elements 
        toward developing measures to assess progress toward achieving 
        diversity management efforts.
          (5) A discussion of existing, updated, or new guidance 
        ensuring that each element routinely identifies and takes steps 
        toward eliminating barriers to workforce diversity.
          (6) A discussion of steps taken by the Director to ensure 
        that individual elements are routinely completing required 
        assessments to identify and eliminate barriers to diversity.
          (7) A discussion of steps taken by the Director to establish 
        specific implementation objectives and timeframes for the 
        elements that support intelligence community-wide diversity 
        goals to ensure the elements are held accountable for making 
        progress.

SEC. 710. REPORT ON IMPROVING OPPORTUNITIES FOR WOMEN AND MINORITIES 
                    FOR PROMOTIONS IN THE INTELLIGENCE COMMUNITY.

  (a) Report.--Not later than 120 days after the date of the enactment 
of this Act, the Director of National Intelligence, acting through the 
Chief Human Capital Officer of the Intelligence Community, and in 
consultation with other heads of the elements of the intelligence 
community, shall submit to the congressional intelligence committees a 
consolidated report on specific steps taken by each element of the 
intelligence community to--
          (1) enhance opportunities for women and minorities for 
        promotions across all mission categories of the intelligence 
        community; and
          (2) reduce the gap among gender, racial, and ethnic 
        categories at senior levels of the intelligence community.
  (b) Strategic Plan.--The report under subsection (a) shall contain a 
strategic plan from each element of the intelligence community on the 
following:
          (1) Overcoming any barriers or obstacles identified in the 
        report.
          (2) Proposing new or enhanced mentoring programs or similar 
        workplace forums to support women and minority officers of the 
        intelligence community who are interested in or may qualify for 
        potential promotion opportunities or similar career 
        advancements.
          (3) Recommending additional steps and initiatives to achieve 
        diversity among senior roles in the intelligence community.
          (4) Addressing gaps in relevant tools, resources, or 
        authorities.
  (c) Supplement Not Supplant.--The report under subsection (a) shall 
supplement the annual report required under section 5704(c) of the 
Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization 
Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334b(c)).

SEC. 711. REPORT ON TRANSITION OF NATIONAL RECONNAISSANCE OFFICE TO 
                    DIGITAL ENGINEERING ENVIRONMENT.

  (a) Findings.--Congress finds the following:
          (1) Potential foreign adversaries are outpacing the United 
        States in the fielding of new generations of space systems that 
        dull the edge the United States has enjoyed in space.
          (2) A digital engineering environment, also known as digital 
        systems engineering, reduces the time to field new space 
        systems.
          (3) Digital engineering environment tools enable the rapid 
        iterations of requirements and architectures into digital 
        system depictions capable of use by private industry to further 
        the design and development of space systems.
  (b) Sense of Congress.--It is the sense of Congress that, to maintain 
a competitive advantage in space, the National Reconnaissance Office 
should transition to a digital engineering environment by not later 
than 3 years after the date of the enactment of this Act.
  (c) Report.--
          (1) Submission.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the National 
        Reconnaissance Office shall submit to the appropriate 
        congressional committees a report that contains the following:
                  (A) A plan for the transition of the National 
                Reconnaissance Office to a digital engineering 
                environment.
                  (B) An identification of the date by which such 
                transition shall be completed.
                  (C) A description of the metrics the Director plans 
                to use to measure progress made with respect to such 
                transition and resulting efficiencies gained.
                  (D) A description of the initial pilot programs of 
                the National Reconnaissance Office relating to digital 
                engineering and the plans to expand such pilot programs 
                in scale and scope with respect to acquisitions carried 
                out under such pilot programs.
                  (E) A description of any training requirements or 
                certifications necessary to advance a digital 
                engineering environment within the National 
                Reconnaissance Office.
                  (F) A description of how the Director plans to 
                incorporate input and best practices from private 
                industry to facilitate and accelerate the transition of 
                the National Reconnaissance Office to a digital 
                engineering environment.
          (2) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex.
  (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the congressional intelligence committees; and
          (2) the congressional defense committees (as defined in 
        section 101(a)(16) of title 10, United States Code).

SEC. 712. REPORT ON DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE 
                    ENTERPRISE.

  (a) Report on Intelligence Activities.--Consistent with section 501 
of the National Security Act of 1947 (50 U.S.C. 3091), not later than 
150 days after the date of the enactment of this Act, the Chief 
Intelligence Officer of the Department of Homeland Security shall 
submit to the appropriate congressional committees a report that 
includes the following:
          (1) A comprehensive account of any intelligence activity 
        conducted during the period beginning on January 1, 2018, and 
        ending on the date of the report, by any component of the 
        Department of Homeland Security intelligence enterprise.
          (2) With respect to each such intelligence activity, a 
        description of the activity, including, at a minimum, a 
        description of--
                  (A) the nature of the activity;
                  (B) the component undertaking the activity;
                  (C) the legal authority for such activity; and
                  (D) the source of funding for such activity.
          (3) A description of any finished intelligence product, or 
        intelligence information report, produced or contributed to by 
        a component of the Department of Homeland Security intelligence 
        enterprise during the period specified in paragraph (1).
          (4) An identification of any external or internal guidelines, 
        policies, processes, practices, or programs governing the 
        collection, retention, analysis, or dissemination by such a 
        component of information regarding United States citizens, 
        lawful permanent residents of the United States, or individuals 
        located within the United States.
  (b) Form.--The report under subsection (a) may be submitted in 
classified form.
  (c) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the following:
                  (A) The congressional intelligence committees.
                  (B) The Committee on Homeland Security of the House 
                of Representatives.
                  (C) The Committee on Homeland Security and 
                Governmental Affairs of the Senate.
          (2) Department of homeland security intelligence 
        enterprise.--The term ``Department of Homeland Security 
        intelligence enterprise'' means the primary mechanism for the 
        integration and management of the intelligence programs, 
        projects, and activities of the Department of Homeland Security 
        and includes the following components:
                  (A) The Cybersecurity and Infrastructure Security 
                Agency.
                  (B) The Federal Emergency Management Agency.
                  (C) The Transportation Security Administration.
                  (D) The United States Citizenship and Immigration 
                Services.
                  (E) The United States Customs and Border Protection.
                  (F) The United States Immigration and Customs 
                Enforcement.

SEC. 713. REPORT ON DECLASSIFICATION EFFORTS OF CENTRAL INTELLIGENCE 
                    AGENCY.

  Not later than 270 days after the date of the enactment of this Act, 
the Inspector General of the Central Intelligence Agency shall submit 
to the congressional intelligence committees a report on the 
declassification efforts of the Central Intelligence Agency. Such 
report shall include--
          (1) an identification of the resources that are dedicated to 
        such efforts; and
          (2) an assessment as to whether such resources are 
        sufficient.

SEC. 714. REPORT ON NATIONAL SPACE INTELLIGENCE CENTER.

  (a) Report.--Not later than March 1, 2023, the Director of National 
Intelligence, in coordination with the Chief of Space Operations, shall 
submit to the appropriate congressional committees a report on the 
National Space Intelligence Center.
  (b) Matters Included.--The report under subsection (a) shall include 
the following:
          (1) A description of the status of the National Space 
        Intelligence Center since the activation of the Center and the 
        implications of the Center being aligned under a Field Command 
        rather than a field operating agency aligned to the Director of 
        Intelligence, Surveillance, and Reconnaissance of the Space 
        Force.
          (2) A review of the ability of the Center to address the full 
        set of national space intelligence analytical demands 
        (including with respect to acquisition and operational mission 
        requirements of the Space Force, the Department of Defense, the 
        intelligence community, and other national customers) while 
        being assigned as a subordinate to Space Operations Command, a 
        Field Command, including--
                  (A) an assessment of the ability of the Center to 
                respond to the broadest space intelligence requirements 
                as compared to a service specific need; and
                  (B) a review specifically addressing any perceived 
                mission misalignment, potential mitigating measures, or 
                other structural organization concerns.
          (3) An assessment of--
                  (A) the current resourcing posture, including any 
                additional personnel required as a result of 
                subordination to a Field Command; and
                  (B) the resourcing posture if the Center were aligned 
                to the Director of Intelligence, Surveillance, and 
                Reconnaissance of the Space Force as described in 
                paragraph (1).
          (4) Lessons learned since unit activation, including with 
        respect to--
                  (A) organizational efficiencies and inefficiencies;
                  (B) financial implications;
                  (C) organizational redundancy;
                  (D) parity mismatch and synergies with other service 
                intelligence centers; and
                  (E) lessons learned through comparisons to other 
                service intelligence centers organized as a field 
                operating agency and aligned under the senior 
                intelligence officer of the respective Armed Force.
  (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
  (d) Appropriate Congressional Committees.--In this section, the term 
``appropriate congressional committees'' means the following:
          (1) The congressional intelligence committees.
          (2) The congressional defense committees (as defined in 
        section 101(a)(16) of title 10, United States Code).

SEC. 715. REPORT ON IMPLEMENTATION OF EXECUTIVE ORDER 13556, REGARDING 
                    CONTROLLED UNCLASSIFIED INFORMATION.

  (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence and the Under 
Secretary of Defense for Intelligence and Security, in coordination 
with the heads of other elements of the intelligence community, shall 
submit to the congressional intelligence committees a report on the 
implementation by the intelligence community of Executive Order 13556, 
regarding controlled unclassified information.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) during the period when the National Security Council 
        conducts a review of the dissemination controls with respect to 
        national security information, the elements of the intelligence 
        community should pause the implementation of Executive Order 
        13556; and
          (2) Executive Order 13556 should be repealed.

SEC. 716. COMPTROLLER GENERAL OF THE UNITED STATES COMPILATION OF 
                    UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA RECORDS.

  (a) Compilation Required.--Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall--
          (1) commence a review of the records and documents of the 
        intelligence community, oral history interviews, open source 
        analytic analysis, interviews of current and former government 
        officials, classified and unclassified national archives 
        (including those records any third party obtained pursuant to 
        section 552 of title 5, United States Code (commonly known as 
        the ``Freedom of Information Act'' or ``FOIA'')), and such 
        other relevant historical sources as the Comptroller General 
        considers appropriate; and
          (2) for the period beginning on January 1, 1947, and ending 
        on the date on which the Comptroller General completes 
        activities under this subsection, compile and itemize a 
        complete historical record of the intelligence community's 
        involvement with unidentified aerospace-undersea phenomena, 
        including successful or unsuccessful efforts to identify and 
        track unidentified aerospace-undersea phenomena, efforts to 
        recover or transfer related technologies to United States-based 
        industry or National Laboratories, and any intelligence 
        community efforts to obfuscate, manipulate public opinion, 
        hide, or otherwise provide unclassified or classified 
        misinformation about unidentified aerospace-undersea phenomena 
        or related activities, based on the review conducted under 
        paragraph (1).
  (b) Report.--
          (1) In general.--Not later than 180 days after the date on 
        which the Comptroller General completes the compilation and 
        itemization required by subsection (a)(2), the Comptroller 
        General shall submit to Congress a report summarizing the 
        historical record described in such subsection.
          (2) Resources.--The report submitted under paragraph (1) 
        shall include citations to the resources relied upon and 
        instructions as to how the resources can be accessed.
          (3) Form.--The report submitted under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex as necessary.
  (c) Cooperation of Intelligence Community.--The heads of elements of 
the intelligence community whose participation the Comptroller General 
determines necessary to carry out subsections (a) and (b), including 
the Director of National Intelligence, the Under Secretary of Defense 
for Intelligence and Security, and the Director of the Unidentified 
Aerospace Undersea Phenomena Joint Program Office, shall fully 
cooperate with the Comptroller General and provide to the Comptroller 
General such information as the Comptroller General determines 
necessary to carry out such subsections.
  (d) Access to Records of the National Archives and Records 
Administration.--The Archivist of the United States shall make 
available to the Comptroller General such information maintained by the 
National Archives and Records Administration, including classified 
information, as the Comptroller General considers necessary to carry 
out subsections (a) and (b).

SEC. 717. NATIONAL MUSEUM OF INTELLIGENCE AND SPECIAL OPERATIONS.

  (a) Recognition.--The privately funded museum to honor the 
intelligence community and special operations forces that is planned to 
be constructed in Ashburn, Virginia, may be recognized, upon 
completion, as the ``National Museum of Intelligence and Special 
Operations''.
  (b) Purposes.--The purposes of recognizing the National Museum of 
Intelligence and Special Operations under subsection (a) are to--
          (1) commemorate the members of the intelligence community and 
        special operations forces who have been critical to securing 
        the Nation against enemies of the United States for nearly a 
        century;
          (2) preserve and support the historic role that the 
        intelligence community and special operations forces have 
        played, and continue to play, both in secrecy as well as 
        openly, to keep the United States and its values and way of 
        life secure; and
          (3) foster a greater understanding of the intelligence 
        community and special operations forces to ensure a common 
        understanding, dispel myths, recognize those who are not 
        otherwise able to be publicly recognized, and increase science, 
        technology, engineering, and mathematics education through 
        museum programs designed to promote more interest and greater 
        diversity in recruiting with respect to the intelligence and 
        special operations career field.

SEC. 718. TECHNICAL CORRECTIONS.

  (a) National Security Act of 1947.--The National Security Act of 1947 
(50 U.S.C. 3001 et seq.), as amended by section 511, is further amended 
as follows:
          (1) In section 105(a)(1) (50 U.S.C. 3038(a)(1)), by striking 
        ``chairman'' and inserting ``Chairman''.
          (2) In section 113B(b) (50 U.S.C. 3049a(b))--
                  (A) in paragraph (1)(A), by striking ``Under 
                Secretary of Defense for Intelligence'' and inserting 
                ``Under Secretary of Defense for Intelligence and 
                Security''; and
                  (B) in paragraph (4), by striking ``section 226 of 
                the Homeland Security Act of 2002 (6 U.S.C. 147)'' and 
                inserting ``section 2208 of the Homeland Security Act 
                of 2002 (6 U.S.C. 658)''.
          (3) In section 118(a) (50 U.S.C. 3055(a)), by striking ``a 
        annual'' and inserting ``an annual''.
          (4) In section 301(j) (50 U.S.C. 3071(j)), by striking ``and 
        includes'' and inserting ``and including''.
          (5) In section 506G(c) (50 U.S.C. 3103(c)), by striking 
        ``pursuant section'' and inserting ``pursuant to section''.
          (6) In section 507(a)(1) (50 U.S.C. 3106(a)(1)), by striking 
        ``Generals'' and inserting ``General''.
          (7) In section 1024(g)(7)(A) (50 U.S.C. 3224(g)(7)(A)), by 
        striking ``places'' and inserting ``place''.
          (8) In section 1104(b)(1)(B) (50 U.S.C. 3234(b)(1)(B)), by 
        striking the period at the end and inserting a semicolon.
  (b) 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--
          (1) in section 5704(b)(1) (50 U.S.C. 3334b(b)(1)), by 
        striking ``, and subject to paragraph (3)'';
          (2) in section 6316 (50 U.S.C. 3334b note), by striking 
        ``congressional committees'' and inserting ``congressional 
        intelligence committees''; and
          (3) in section 6604 (50 U.S.C. 3352c), by striking 
        ``subsections (b) and (c)'' both places it appears and 
        inserting ``subsections (a) and (b)''.
  (c) Intelligence Authorization Act for Fiscal Year 2012.--Section 
309(a)(5) of the Intelligence Authorization Act for Fiscal Year 2012 
(50 U.S.C. 3334e) is amended by striking ``section 3542(b)'' and 
inserting ``section 3552''.
  (d) Public Interest Declassification Act of 2000.--The Public 
Interest Declassification Act of 2000 (50 U.S.C. 3355 et seq.) is 
amended--
          (1) in section 703(a)(2) (50 U.S.C. 3355a(a)(2)), by striking 
        ``Executive Order 12958'' and inserting ``Executive Order 
        13526'';
          (2) in section 704(e)(3) (50 U.S.C. 3355b(e)(3)), by striking 
        the comma before ``shall'';
          (3) in section 705(c) (50 U.S.C. 3355c(c)), by striking 
        ``section 103(c)(6) of the National Security Act of 1947 (50 
        U.S.C. 403-3(c)(6))'' and inserting ``section 102A(i) of the 
        National Security Act of 1947 (50 U.S.C. 3024(i))''; and
          (4) in section 706 (50 U.S.C. 3355d), by striking ``Executive 
        Order No. 12958'' both places it appears and inserting 
        ``Executive Order 13526''.

                      Section-by-Section Analysis

    The following is a section-by-section summary of H.R. 8367, 
the Intelligence Authorization Act for Fiscal Year 2023 (the 
Act).

                    TITLE I--INTELLIGENCE ACTIVITIES


Section 101. Authorization of appropriations

    Section 101 specifies that the Act authorizes 
appropriations for intelligence and intelligence-related 
activities of the Intelligence Community for Fiscal Year 2023.

Section 102. Classified Schedule of Authorizations

    Section 102 provides that the amounts authorized to be 
appropriated for intelligence and intelligence-related 
activities for Fiscal Year 2023 are contained in the classified 
Schedule of Authorizations, which shall be made available to 
the Committees on Appropriations of the Senate and the House of 
Representatives and to the President.

Section 103. Intelligence Community Management Account

    Section 103 authorizes appropriations for the Intelligence 
Community Management Account of the Director of National 
Intelligence for Fiscal Year 2023.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM


Section 201. Authorization of appropriations

    Section 201 authorizes appropriations for the Central 
Intelligence Agency Retirement and Disability Fund for Fiscal 
Year 2023.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS


Section 301. Restriction on conduct of intelligence activities

    Section 301 provides that the authorization of 
appropriations in the Act shall not be deemed to constitute 
authority for the conduct of any intelligence activity that is 
not otherwise authorized by the Constitution or the laws of the 
United States.

Section 302. Increase in employee compensation and benefits authorized 
        by law

    Section 302 states that appropriations authorized in the 
Act for salary, pay, retirement, and other benefits for federal 
employees may be increased by such additional amounts as may be 
necessary for increases in such compensation or benefits 
authorized by law.

Section 303. Joint Intelligence Community Council

    Section 303 adds the Director of the CIA as a statutory 
member of the Joint Intelligence Community Council (JICC); 
updates the JICC's functions to include ensuring that the 
Intelligence Community identifies and prioritizes the 
intelligence needs of non-intelligence and non-defense U.S. 
government agencies; and requires the JICC to meet on at least 
an annual basis.

Section 304. Required policy for minimum insider threat standards

    Section 304 requires the DNI to ensure there is an 
Intelligence Community-wide policy for minimum insider threat 
standards that is consistent with the Presidential memorandum 
related to insider threats, dated November 21, 2012. Section 
304 further requires the head of each Intelligence Community 
element to implement that policy and to annually certify to 
Congress that it has implemented that policy. Section 304 
further directs the DNI to conduct periodic audits to confirm 
each element is in compliance with the policy.

Section 305. Timely submission of classified intelligence budget 
        justification materials

    Section 305 requires the DNI to submit to the congressional 
intelligence committees the classified budget justification 
materials for each element of the Intelligence Community at the 
same time the President submits the annual budget request to 
Congress.

Section 306. Unfunded priorities of the intelligence community

    Section 306 requires the head of each element of the 
Intelligence Community, not later than 10 days after the date 
on which the President submits the annual budget request to 
Congress, to submit to the DNI and to the congressional 
intelligence committees a report on the unfunded priorities of 
the programs under the jurisdiction of that element. Section 
306 further specifies the contents of what must be included in 
that report.

Section 307. Submission of classified annexes to executive orders and 
        other documents

    Section 307 requires the DNI, not later than 7 days after 
the President issues or amends an executive order, memorandum, 
or policy directive, to submit to the congressional 
intelligence committees any accompanying classified annex that 
references any element of the Intelligence Community. Section 
307 further directs the DNI to submit all such classified 
annexes in effect on the date of enactment of the Act to the 
congressional intelligence committees within 60 days of the 
date of enactment.

Section 308. Improvements to program on recruitment and training

    Section 308 requires the DNI to carry out the Pat Roberts 
Intelligence Scholars Program, which provides funds--for full 
or partial tuition, a monthly stipend, student loan repayment 
assistance, books and materials, travel expenses, and other 
purposes the DNI considers appropriate--to individuals enrolled 
in undergraduate or graduate education, or to reimburse 
individuals for education previously obtained, in fields in 
which the Intelligence Community is deficient, or for 
individuals who have backgrounds or experiences that the DNI 
has identified as being underrepresented in the Intelligence 
Community. Section 308 further provides that an individual 
selected for participation in the program shall commit to 
employment with an Intelligence Community element for a period 
that the DNI determines is commensurate with the funding 
provided to that individual.

Section 309. Measures to mitigate counterintelligence threats from 
        proliferation and use of foreign commercial spyware

    Section 309 directs the DNI to provide to the congressional 
intelligence committees--and appropriately disseminate within 
the U.S. government--an annual, classified Intelligence 
Community assessment of the threat posed by foreign spyware; 
provide to the congressional intelligence committees--and 
appropriately disseminate within the U.S. government--a 
classified, regularly-updated ``watchlist'' identifying foreign 
spyware companies whose activities pose a counterintelligence 
risk to the Intelligence Community; and notify Congress if 
Intelligence Community personnel are targeted by foreign 
commercial spyware.
    Section 309 further grants the DNI authority to prohibit an 
Intelligence Community element from procuring foreign 
commercial spyware from a foreign spyware company or from a 
U.S. company marketing spyware that originated from a foreign 
source.
    Section 309 further grants the President authority to 
impose sanctions on foreign spyware companies and their 
officers, foreign officials, or foreign individuals that use 
spyware against U.S. officials, and directs the DNI to explore 
a common approach to combatting foreign spyware among Five Eyes 
Partners.

Section 310. Expansion of treatment of moving expenses

    Section 310 amends Section 217 of the Internal Revenue Code 
to authorize Intelligence Community employees to claim a tax 
deduction for moving expenses paid or incurred in the event of 
a change in assignment that requires relocation. Section 310 
further amends Section 132 of the Internal Revenue Code to 
exclude from gross income any amount received, directly or 
indirectly, by an Intelligence Community employee from an 
Intelligence Community employer as a payment for, or 
reimbursement of, moving expenses that would be deductible 
under Section 217 if they were directly paid or incurred by the 
employee. Section 310 provides for these changes to take effect 
in taxable years beginning after December 31, 2021.

Section 311. Personnel vetting performance measures

    Section 311 requires the DNI, in coordination with the 
Security, Suitability, and Credentialing Performance 
Accountability Council, to develop performance measures to 
assess the vetting of personnel, including measures to assess 
continuous vetting and the quality of each phase of the 
security clearance process. Section 311 further requires the 
DNI to submit to the congressional intelligence committees a 
report describing those performance measures and providing 
additional information.

Section 312. Proactive cybersecurity

    Section 312 directs the Chief Information Officer of the 
Intelligence Community to survey each element of the 
Intelligence Community on its use of proactive cybersecurity 
initiatives, continuous monitoring, and active defense 
techniques. Section 312 further requires the CIO to submit a 
report to the congressional intelligence committees that 
includes the results of that survey; a discussion of benefits, 
concerns, and recommendations relating to the use of proactive 
cybersecurity initiatives; and other specified information.

Section 313. Limitation on availability of funds for Intelligence 
        Community Management Account pending submission of report on 
        domestic activities of intelligence community

    Section 313 provides that, of the funding authorized to be 
appropriated for the Fiscal Year 2023 Intelligence Community 
Management Account, 5 percent of that funding may not be 
obligated or expended until the DNI submits the report required 
by Section 505(c) of the Intelligence Authorization Act for 
Fiscal Year 2022 (P.L. 117-103), relating to domestic 
activities undertaken by each element of the Intelligence 
Community.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY


      SUBTITLE A--OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Section 401. Modifications to responsibilities and authorities of 
        Director of National Intelligence

    Section 401 makes modifications to the responsibilities and 
authorities of the DNI. Section 401 directs the DNI to provide 
specific requirements--rather than guidance--to the heads of 
Intelligence Community elements as they develop their 
respective portions of the National Intelligence Program budget 
request; directs the DNI to implement policies and procedures 
that require sound and apolitical analytical methods and 
tradecraft throughout the Intelligence Community; and requires 
the DNI to ensure that substantial differences in analytic 
judgments are documented in analytic products.
    Section 401 further requires each Intelligence Community 
element to ensure that any congressionally-mandated report it 
submits to Congress, other than a report submitted solely to 
the congressional intelligence committees, is done so in a 
manner consistent with the protection of intelligence sources 
and methods, regardless of whether the law mandating the report 
explicitly requires such protection.
    Section 401 further requires that each contract awarded by 
an element of the Intelligence Community include a provision 
granting consent for the monitoring by the element of any 
information technology network used to perform work under such 
contract, regardless of the classification level of such 
network.

Section 402. Annual submission to Congress of National Intelligence 
        Priorities Framework

    Section 402 requires the DNI to annually submit the most-
recent National Intelligence Priorities Framework to the 
congressional intelligence committees. Section 402 further 
provides that, of the funding authorized to be appropriated for 
the Fiscal Year 2023 Intelligence Community Management Account, 
5 percent may not be obligated or expended until the DNI makes 
its first submission.

Section 403. Disposition of records of Office of the Director of 
        National Intelligence

    Section 403 amends Section 1096 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (P.L. 108-458) to clarify 
the authorities and restrictions applicable to any executive 
branch agency that provides records maintenance services to the 
Office of the Director of National Intelligence.

                SUBTITLE B--CENTRAL INTELLIGENCE AGENCY

Section 411. Authority of Central Intelligence Agency to provide 
        protection for certain personnel

    Section 411 expands the list of individuals for whom the 
CIA is authorized to provide armed protection to include an 
individual nominated to the position of Director of the CIA and 
their immediate family, and an individual nominated to the 
position of Director of National Intelligence and their 
immediate family.

Section 412. Notification of use of certain expenditure authorities

    Section 412 requires the Director of the CIA to notify the 
congressional intelligence committees no more than 30 days 
after the Director makes a novel or significant expenditure 
pursuant to Section 8 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 3510). Section 412 further extends the same 
notification requirement to the DNI.

Section 413. Clarification of authorities relating to security 
        personnel at Office of Director of National Intelligence 
        facilities and installations

    Section 413 enhances the CIA's authority to exercise law 
enforcement authority in order to protect ODNI facilities. 
Section 413 further authorizes the DNI to exercise law 
enforcement authority at ODNI facilities.

Section 414. Office of Workforce Support of Central Intelligence Agency

    Section 414 requires the Director of the CIA to establish 
an Office of Workforce Support to provide independent support 
and advocacy for the physical and mental health of current and 
former officers, employees, and contractors. Section 414 
further requires the DCIA to appoint a Deputy Director for 
Workforce Support who reports directly to the DCIA, and to 
ensure that at least 10 CIA officers are assigned full-time to 
staff the office. Section 414 further provides that the 
functions of the office shall include to furnish independent 
and confidential assistance to eligible individuals on matters 
relating to their physical health, mental health, the programs 
and benefits available to them, and doctors and attorneys who 
may be able to further assist them. Section 414 further 
provides that authority for the office will sunset after three 
years.

Section 415. Establishment of External Advisory Board for Talent for 
        the Central Intelligence Agency

    Section 415 requires the Director of the CIA to establish 
an External Advisory Board for Talent that will advise the DCIA 
and the head of the CIA Talent Center on the most up-to-date 
practices and innovations in the areas of hiring, leadership, 
management practices, and talent retention. Section 415 further 
requires the board to consist of at least seven private sector 
leaders, to be chosen by the DCIA, to be paid at a rate 
prescribed by the DCIA, to meet at least quarterly, and to 
provide the DCIA and the head of the Talent Center with regular 
briefings and reports. Section 415 further provides that the 
board will sunset after three years.

Section 416. Study on relationship between Central Intelligence Agency 
        and Congress

    Section 416 requires the CIA's Center for the Study of 
Intelligence to prepare and publish an examination of the CIA's 
relationship with Congress from 2004 to 2022. This would be a 
follow-on work to a previous publication, entitled The CIA's 
Relationship with Congress, 1946-2004. The new volume will 
cover major intelligence-related legislation, oversight of 
collection and covert action, historically significant events, 
and other topics.

Section 417. Historical Advisory Panel of Central Intelligence Agency

    Section 417 expresses support for the reconstitution of the 
CIA's Historical Advisory Panel--which assists in conducting 
declassification reviews and provides other assistance with 
respect to matters of historical interest--and requires the 
panel to report directly to the Director of the CIA.

      SUBTITLE C--ELEMENTS OF THE DEFENSE INTELLIGENCE ENTERPRISE

Section 421. Deputy Director for Defense Intelligence responsible for 
        warfighter support

    Section 421 requires the Secretary of Defense to ensure 
that at least one of the Deputy Directors for Defense 
Intelligence is responsible for warfighter support and the 
individual appointed to that position is a general or flag 
officer serving in a joint duty assignment.

Section 422. Cover enhancement authorities

    Section 422 provides the Secretary of Defense with 
additional authorities to protect from unauthorized disclosure 
the intelligence operations of the Department of Defense, the 
identities of undercover officers, intelligence sources and 
methods, and cover mechanisms.

Section 423. Authority of Army counterintelligence agents to execute 
        warrants and make arrests

    Section 423 provides Army Counterintelligence Command 
special agents with the authority to execute warrants and make 
arrests in national security cases. It mirrors the statutory 
authority provided to agents within the Army Criminal 
Investigation Division, the Air Force Office of Special 
Investigations, and the Naval Criminal Investigative Service, 
and is intended to enhance the Army's ability to mitigate 
national security threats, including espionage, sabotage, and 
international terrorism.

Section 424. Inclusion of Space Force as element of intelligence 
        community

    Section 424 codifies the intelligence element of the U.S. 
Space Force as an element of the U.S. Intelligence Community in 
the National Security Act of 1947.

Section 425. Military intelligence collection and analysis partnerships

    Section 425 provides the DIA with the authority, with 
certain limitations, to use non-appropriated funds to pay for 
the expenses of partnerships with foreign countries, regional 
organizations, and security alliances for military intelligence 
collection and analysis activities. Section 425 further 
provides the DIA with authority to use up to $10 million of 
appropriated funds annually to pay for such expenses.

Section 426. Intelligence assessment of effects of counterterrorism 
        strikes

    Section 426 requires the Director of the DIA, in 
coordination with the directorates of intelligence of the 
combatant commands, to produce an intelligence assessment of 
the various effects of counterterrorism strikes conducted by 
the U.S. military on targets outside of areas of active 
hostilities within the past five years, including 
recommendations on ways to improve the efficacy, accuracy, and 
timeliness of intelligence analysis to enhance the strategic 
effect of counterterrorism strikes. Section 426 further 
requires the Director of the DIA to submit a report to the 
congressional intelligence and defense committees containing 
the assessment and providing additional information.

Section 427. Submission of certain legislative proposals

    Section 427 requires the Secretary of Defense to submit any 
covered legislative proposal--defined as a provision of 
legislation that is proposed by the Secretary of Defense to 
Congress, that has been approved by the Office of Management 
and Budget, and that involves the intelligence, intelligence-
related, or tactical intelligence activities of the Department 
of Defense--to the congressional intelligence committees, in 
addition to the congressional defense committees.

Section 428. Oversight of Defense Intelligence Agency culture

    Section 428 requires the Director of the DIA to take steps 
to improve workplace culture and workforce morale by, among 
other things, requiring the DIA to report to Congress on steps 
it is taking to address concerns raised by current DIA 
employees in workforce climate surveys and by departing DIA 
employees in exit surveys or interviews.

Section 429. Cyber intelligence surveillance reconnaissance information

    Section 429 directs the Secretary of Defense, on a 
quarterly basis, to provide briefings to the congressional 
intelligence and defense committees on intelligence activities 
in cyberspace conducted in support of current or future 
offensive or defensive cyberspace operations. Section 429 
further requires the Secretary of Defense to annually certify 
to those committees that the Secretary has reported all such 
activities to the committees.

Section 430. Information on cover activities of Department of Defense

    Section 430 directs the Secretary of Defense, on at least a 
quarterly basis, to report cover activities of the Department 
of Defense to the congressional intelligence and defense 
committees.

                       SUBTITLE D--OTHER ELEMENTS

Section 441. Authorization relating to certain intelligence and 
        counterintelligence activities of Coast Guard

    Section 441 provides the Commandant of the Coast Guard with 
the authority to spend funds in a confidential manner for 
emergency or extraordinary expenses. The ability to forego 
standard, publicly-available accounting and reporting 
procedures provides flexibility and stability to Coast Guard 
counterintelligence operations and mirrors the accounting 
processes of other intelligence agencies. Section 441 further 
requires the Commandant to provide annual reports to Congress 
detailing its use of this authority. Section 441 further 
provides that this authority will sunset after three years.

Section 442. Study on personnel under Strategic Intelligence 
        Partnership Programs

    Section 442 requires the DNI and the Director of the Office 
of Intelligence and Counterintelligence of the Department of 
Energy, in consultation with the National Laboratories 
Directors' Council, to jointly conduct a study of the skills, 
recruitment, and retention of the personnel at the national 
laboratories who carry out projects under the Strategic 
Intelligence Partnership Program. Section 442 further requires 
the Directors to develop recommendations based on the results 
of the study. Section 442 further requires the Directors to 
submit a report to the congressional intelligence committees 
containing both the study and the recommendations.

Section 443. Assessment of handling of certain information relating to 
        deliberations of Bureau of Industry and Security

    Section 443 requires the Inspector General of the 
Intelligence Community, in coordination with the Inspector 
General of the Department of Commerce, to submit to Congress an 
assessment of practices for handling covered information--
defined, in part, as information provided by an element of the 
intelligence community to the Bureau of Industry and Security 
of the Department of Commerce--that may cause harm to U.S. 
national security. Section 443 further requires the DNI to 
conduct an assessment of how covered information is 
transmitted, stored, and secured, and to provide that 
assessment to Congress.

            TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGY


                      SUBTITLE A--GENERAL MATTERS

Section 501. Definitions

    Section 501 provides the definition of terms used elsewhere 
in Title V.

Section 502. Officials responsible for artificial intelligence policies 
        of the intelligence community

    Section 502 expresses the Sense of Congress that the 
Intelligence Community must rapidly adopt artificial 
intelligence into its workflows to compete with adversaries and 
keep pace with and leverage commercial cutting-edge 
technologies; requires the DNI and the Under Secretary of 
Defense for Intelligence and Security to publish a definition 
of the term ``artificial intelligence''; and requires the DNI, 
in consultation with the Director of Science and Technology and 
the heads of the Intelligence Community elements, to establish 
policies and procedures relating to the acquisition and use of 
artificial intelligence by the Intelligence Community.
    Section 502 further provides that the Director of Science 
and Technology will be dual-hatted as the Chief Technology 
Officer of the ODNI, and requires the Director of Science and 
Technology to perform a variety of functions related to 
artificial intelligence and other technologies.
    Section 502 statutorily creates a Chief Data Officer within 
the ODNI to be appointed by the DNI and establishes the duties 
of the Chief Data Officer (in addition to the functions set 
forth in 44 U.S.C. 3520).

            SUBTITLE B--IMPROVEMENTS RELATING TO PROCUREMENT

Section 511. Additional transaction authority

    Section 511 provides a range of express acquisition and 
assistance authorities, including Other Transaction Authority, 
to the ODNI to execute its research and development mission, 
and makes those authorities available across the Intelligence 
Community for research, development, and prototype activities.

Section 512. Offices of Commercial Integration

    Section 512 requires the head of each Intelligence 
Community element, within two years of the date of enactment of 
the Act, to establish an Office of Commercial Integration, 
which will assist small- and medium-sized emerging technology 
companies in navigating the administrative and technical 
burdens associated with contracting with the Intelligence 
Community. Section 512 provides certain authorities related to 
the staffing of these offices, and requires the DNI to submit 
various plans and reports in connection with this statutory 
requirement.

Section 513. Pilot program for designation of certain SBIR and STTR 
        projects as Entrepreneurial Innovation Projects

    Section 513 requires the DNI to carry out a pilot program 
to more effectively transition eligible Small Business 
Innovation Research (SBIR) projects that present the potential 
to meet the operational needs of certain Intelligence Community 
elements to Phase III (commercialization) through the 
designation of eligible projects as Entrepreneurial Innovation 
Projects. Section 513 further provides that, under the pilot 
program, each element head will designate at least five 
projects per year as Entrepreneurial Innovation Projects.

Section 514. Reduction of barriers relating to contracts for artificial 
        intelligence and other emerging technologies

    Section 514 requires the DNI, in coordination with the 
Secretary of Defense, to develop and submit to Congress a 
protocol setting forth policies and procedures relating to 
authority to operate certifications held by commercial 
providers. Section 514 further requires the DNI and the 
Secretary of Defense to develop, and brief Congress on, a plan 
to expand access by covered contractors to sensitive 
compartmented information facilities (SCIFs). Section 514 
further requires the DNI to annually submit, for the next three 
years, a report to the congressional intelligence committees on 
the extent to which security clearance requirements delay, 
limit, or otherwise discourage emerging technology companies 
from entering into contracts with the U.S. government.

Section 515. Compliance by the intelligence community with requirements 
        of the Federal Acquisition Regulation relating to commercially 
        available off-the-shelf items and commercial services

    Section 515 requires the DNI to implement a policy to 
ensure that each Intelligence Community element complies with 
parts 10 and 12 of the Federal Acquisition Regulation with 
respect to procurement, which broadly require the U.S. 
government to conduct market research to determine whether 
commercially available off-the-shelf items, non-developmental 
items, or commercial services are available that could meet 
government requirements.

Section 516. Policy on required user adoption metrics in certain 
        contracts for artificial intelligence software product

    Section 516 requires the DNI to establish a policy that 
generally requires a contract, entered into by an element of 
the Intelligence Community and a commercial provider, to 
include (1) a commitment by the provider to furnish a means of 
collecting user adoption metrics for assessing the adoption of 
the product by users within the Intelligence Community, and (2) 
a requirement that the element assess the user adoption of the 
product through such means. Section 516 further requires the 
DNI to annually submit to the congressional intelligence 
committees, for three years, a report on the user adoption 
metrics for each product acquired using National Intelligence 
Program funds.

Section 517. Assessments relating to information technology and 
        software systems

    Section 517 requires the DNI to complete, and to provide to 
Congress, an assessment of the information technology and 
software systems of each Intelligence Community element to 
review whether such systems integrate new and emerging 
technology and, as appropriate, to make recommendations to 
decommission or replace outdated systems. Section 517 further 
requires the DNI--within 60 days of the head of an Intelligence 
Community element entering into, renewing, or extending a 
contract for the acquisition of an information technology or 
software system--to conduct a similar assessment for the system 
in question.

                          SUBTITLE C--REPORTS

Section 521. Reports on integration of artificial intelligence within 
        intelligence community

    Section 521 requires the DNI to submit to the congressional 
intelligence committees a report on the efforts of each 
Intelligence Community element to develop, acquire, adopt, and 
maintain artificial intelligence across the intelligence 
community to improve intelligence collection across the 
collection spectrum and optimize internal work flows.

Section 522. Report on potential benefits of establishment of ICWERX

    Section 522 requires the DNI to submit to the congressional 
intelligence committees an assessment of whether the 
Intelligence Community would benefit from the establishment of 
an organization to be known as ``ICWERX,'' the mission and 
activities of which would incorporate lessons learned from 
AFWERX of the Air Force, the Defense Innovation Unit of the 
Department of Defense, and other programs of the federal 
government with a focus on technology or innovation.

Section 523. Requirements and report on workforce needs of intelligence 
        community relating to science, technology, engineering, and 
        math, and related areas

    Section 523 directs the DNI, in coordination with the Chief 
Technology Officer and the Chief Human Capital Officer of the 
ODNI, (1) to develop an organizational management plan to adopt 
and maintain artificial intelligence across the Intelligence 
Community, and (2) to require that the head of each 
Intelligence Community element develop a plan to recruit and 
retain personnel for positions involving artificial 
intelligence. Section 523 further requires the DNI to submit to 
the congressional intelligence committees a report on the 
workforce needs of the Intelligence Community relating to 
artificial intelligence, cybersecurity, and other STEM areas, 
including a detailed description of the organizational 
management plan.

                       SUBTITLE D--OTHER MATTERS

Section 531. Improvements to use of commercial software products

    Section 531 requires the Director of Science and Technology 
of the ODNI to recommend to the DNI an Intelligence Community-
wide policy to ensure that the procurement of commercial 
software products by the Intelligence Community is carried out 
in accordance with best practices. Section 531 further requires 
the DNI, in consultation with the Director of Science and 
Technology of the ODNI, to implement a policy to promote the 
Intelligence Community-wide use of code-free artificial 
intelligence enablement tools. Section 531 further requires the 
DNI to provides various reports and briefings to the 
congressional intelligence committees about the implementation 
of these policies.

Section 532. Improvements to employees and managers relating to 
        emerging technologies, software development, acquisition, and 
        sustainment

    Section 532 requires the DNI, acting through the Director 
of Science and Technology, to establish a cadre of personnel 
who are experts in emerging technologies, software development, 
systems integration, and acquisition, in order to improve the 
adoption by the Intelligence Community of commercial solutions 
for emerging technologies. Section 532 further describes the 
responsibilities, administration, and training and education of 
this cadre of personnel.

            TITLE VI--MATTERS RELATING TO FOREIGN COUNTRIES


Section 601. Notice of deployment or transfer of containerized missile 
        systems by Russia, China, or Iran

    Section 601 updates current law to require DNI notification 
to Congress when the IC has intelligence that Russia, China, 
North Korea, or Iran has deployed or transferred--or plans to 
deploy or transfer--a missile launcher disguised as, or 
concealed in, a shipping container.

Section 602. Intelligence community coordinator for Russian atrocities 
        accountability

    Section 602 requires the DNI to designate a senior official 
within Intelligence Community to serve as the Intelligence 
Community Coordinator for Russian Atrocities Accountability in 
order to identify and disseminate intelligence relating to 
Russian atrocities in Ukraine. Section 602 further requires the 
DNI to submit reports to Congress detailing the efforts 
overseen by the Coordinator. Section 602 sunsets four years 
after enactment.

Section 603. Lead intelligence community coordinator for countering and 
        neutralizing proliferation of Iran-origin unmanned aircraft 
        system

    Section 603 directs the DNI to designate a coordinator for 
Intelligence Community efforts to counter and neutralize the 
proliferation of Iran-origin unmanned aircraft systems, to 
implement a common approach with Five Eyes partners toward this 
threat, and to intensify cooperation with Israel. Section 603 
sunsets after the submission of a final report on the 
activities of the coordinator.

Section 604. Collaboration between intelligence community and 
        Department of Commerce to counter foreign commercial threats

    Section 604 requires the DNI and the Secretary of Commerce 
to create a working group of U.S. government officials to 
identify current and probable foreign commercial threats; 
assess ways to address the harm to U.S. national security 
arising from those threats; identify goods, services, or 
intellectual property that--if produced or otherwise 
distributed by the U.S.--could mitigate the foreign commercial 
threat; and prepare reports for Congress on the conclusions of 
the working group. Section 604 defines a foreign commercial 
threat as a scenario where a rare good or service is controlled 
by a foreign adversary--including China, Russia, Iran, or North 
Korea--in a manner that may provide the foreign adversary with 
leverage over the United States.

Section 605. Intelligence assessment on foreign weaponization of 
        advertisement technology data

    Section 605 requires the DNI to submit a report to the 
congressional intelligence committees that assesses the 
counterintelligence risks posed by, and the exposure of 
Intelligence Community personnel to, tracking by foreign 
adversaries through advertisement technology data, which can be 
used to geolocate or gain other targeting information on 
individuals.

Section 606. Intelligence community assessment regarding Russian gray 
        zone assets

    Section 606 requires the DNI, acting through the National 
Intelligence Council, to submit to the congressional 
intelligence committees an Intelligence Community assessment 
that describes Russia's ``gray zone'' assets and identifies 
opportunities to hold those assets at risk as a way to 
influence Russia's behavior. Gray zone activities fall between 
ordinary statecraft and open warfare, and are carried out with 
the intent to advance one's interests without provoking a 
military response.

Section 607. Intelligence assessment on effects of sanctions on Russia

    Section 607 requires an intelligence assessment, led by the 
Assistant Secretary of the Treasury for Intelligence and 
Analysis, on the effects of sanctions imposed by the U.S. and 
its allies and partners on Russia following Russia's invasion 
of Ukraine, including an assessment of efforts taken by Russia 
and others to evade or mitigate those sanctions.

Section 611. Report on assessing will to fight

    Section 611 requires the DNI, acting through the National 
Intelligence Council, to submit a report to Congress examining 
whether, and to what degree, Intelligence Community analyses of 
the military and national ``will to fight'' informed all-source 
analyses of how the armed forces and governments of Ukraine, 
Afghanistan, and Iraq would perform at key junctures.

Section 612. Report on impact of Russia invasion of Ukraine on global 
        food security

    Section 612 requires the DNI to submit a report to the 
congressional intelligence committees on the implications of 
Russia's invasion of Ukraine for global food insecurity and 
U.S. national security.

Section 613. Report on threat from hypersonic weapons

    Section 613 requires the DNI to submit a report to the 
congressional intelligence committees on the threat posed to 
U.S. national security by the use of hypersonic weapons by U.S. 
adversaries, in light of Russia's use of such weapons in 
Ukraine.

Section 614. Report on ordnance of Russia and China

    Section 614 requires the Director of the DIA to submit a 
report to the congressional intelligence and defense committees 
on ordnance of Russia and China, including the technical 
specificity required for the safe handling and disposal of such 
ordnance.

Section 615. Report on activities of China and Russia targeting Latin 
        America and the Caribbean

    Section 615 requires the DNI, acting through the National 
Intelligence Council, to submit a report to the congressional 
intelligence committees regarding China and Russia's activities 
designed to increase their influence in Latin America and the 
Caribbean, including any malign influence campaigns targeted at 
countries in the region.

Section 616. Report on support provided by China to Russia

    Section 616 requires periodic Intelligence Community 
reports regarding whether and how China has provided support to 
Russia's invasion of Ukraine, including any steps taken by 
China to help Russia evade sanctions or to otherwise support 
Russia's war effort.

Section 617. Report on global CCP investment in port infrastructure

    Section 617 requires the DNI to submit a report to Congress 
that documents all Chinese investment in port infrastructure 
globally, assesses the ability of China to leverage commercial 
ports for military purposes, and describes the implications for 
U.S. national security and economic security.

Section 618. Sense of Congress on provision of support by intelligence 
        community for atrocity prevention and accountability

    Section 618 expresses the Sense of Congress that U.S. 
government efforts regarding atrocity prevention and response 
are critically important. Section 618 further urges the DNI and 
the Secretary of Defense to require each element of the 
Intelligence Community to support the Atrocity Warning Task 
Force and to take other efforts to enhance atrocity prevention 
and response.

                  TITLE VII--REPORTS AND OTHER MATTERS


Section 701. Repeal of certain report requirements

    Section 701 repeals several periodic reports required by 
earlier acts of Congress.

Section 702. Increased intelligence-related engineering, research, and 
        development capabilities of minority institutions

    Section 702 requires the DNI to develop a plan to promote 
intelligence-related engineering, research, and development 
activities at minority serving institutions of higher learning 
in order to contribute toward the research necessary to sustain 
and strengthen the intelligence advantage of the United States. 
Section 702 further requires the DNI to encourage the 
Intelligence Advanced Research Projects Activity (IARPA) to 
partner with such institutions.

Section 703. Annual report on response to Government Accountability 
        Office recommendations to intelligence community

    Section 703 requires the DNI to submit annual reports to 
the congressional intelligence committees, consolidated from 
each element of the Intelligence Community, regarding the 
status of responses to recommendations made by the Comptroller 
General to the DNI or to the other heads of the elements of the 
Intelligence Community, including a list of relevant 
recommendations that the Comptroller General has not closed, a 
description of actions that have been taken to implement open 
recommendations, and a list of open recommendations that the 
Director or another element head does not intend to implement.

Section 704. Annual report on efforts of the Federal Bureau of 
        Investigation to identify and promote diverse candidates

    Section 704 requires the FBI Director to annually submit to 
Congress, through 2027, a statistical report on the status of 
efforts by the FBI to identify and promote diverse candidates.

Section 705. Reports on personnel vetting processes and progress under 
        Trusted Workforce 2.0 initiative

    Section 705 requires the DNI, in coordination with the 
Security, Suitability, and Credentialing Performance 
Accountability Council, to submit an annual report to the 
congressional intelligence committees, through 2027, on the 
personnel vetting process of the U.S. government, including an 
analysis of the timeliness and cost of the security clearance 
process, an analysis of the implementation of the Trusted 
Workforce 2.0 initiative, an analysis of the transfer and 
reciprocal recognition of security clearance determinations, 
and a description of impediments, constraints, and 
opportunities.

Section 706. Reports relating to programs of record of National 
        Geospatial-Intelligence Agency

    Section 706 requires the Director of NGA to submit to the 
congressional intelligence committees a report on the programs 
and activities of NGA. Section 706 further requires the 
Director of NGA to submit to the congressional intelligence and 
defense committees a report on the programs and activities of 
NGA that are funded under the Military Intelligence Program.

Section 707. Plan regarding Social Media Data and Threat Analysis 
        Center

    Section 707 requires the DNI to submit to the congressional 
intelligence committees a plan to operationalize the 
statutorily-required Social Media Data and Threat Analysis 
Center. Section 707 requires the plan to include, among other 
things, a description of how the center will coordinate with 
social media companies and other public-facing internet-based 
platforms to determine what categories of data and metadata are 
useful indicators of internet-based foreign malign influence 
activities, and how such data and metadata may be shared 
effectively with the center while protecting the privacy and 
civil liberties of U.S. persons.

Section 708. Report on use of publicly available social media 
        information in personnel vetting determinations

    Section 708 requires the DNI to submit a report to the 
congressional intelligence committees on the current and 
planned use of publicly available social media information in 
the personnel vetting and security clearance processes, 
including a discussion of the risks, benefits, and drawbacks of 
allowing for the voluntary provision of, or voluntary access 
to, non-publicly available social media information in the 
personnel vetting process, and a discussion of the extent to 
which U.S. government officials and entities responsible for 
privacy and civil liberties matters are involved in programs to 
use social media information in the personnel vetting process.

Section 709. Report on strengthening workforce diversity planning and 
        oversight

    Section 709 requires the DNI to submit a report to the 
congressional intelligence committees discussing the steps that 
Intelligence Community elements are taking, or planning to 
take, to enhance the strategic planning for workforce 
diversity, to measure the progress of workforce diversity, and 
to overcome barriers to workforce diversity.

Section 710. Report on improving opportunities for women and minorities 
        for promotions in the intelligence community

    Section 710 requires the DNI, acting through the Chief 
Human Capital Officer of the Intelligence Community, to prepare 
a consolidated report for the congressional intelligence 
committees on specific steps taken by each Intelligence 
Community element to enhance opportunities for women and 
minorities and to reduce the gap among gender, racial, and 
ethnic categories at senior levels of the Intelligence 
Community. Section 710 further requires the report to contain a 
strategic plan from each element on how it will address these 
challenges.

Section 711. Report on transition of National Reconnaissance Office to 
        digital engineering environment

    Section 711 expresses the Sense of Congress that the NRO 
should transition to a digital engineering environment within 
three years. Section 711 further requires the Director of the 
NRO to submit a report to the congressional intelligence and 
defense committees that contains a transition plan and provides 
other relevant information.

Section 712. Report on Department of Homeland Security intelligence 
        enterprise

    Section 712 requires the Chief Intelligence Officer of DHS 
to submit a report to Congress that includes a comprehensive 
account of any intelligence activities conducted by any 
component of DHS's intelligence enterprise between 2018 and the 
present.

Section 713. Report on declassification efforts of Central Intelligence 
        Agency

    Section 713 requires the CIA Inspector General to submit a 
report to the congressional intelligence committees on the 
declassification efforts of the CIA, including an 
identification of the resources that are dedicated to such 
efforts and an assessment of whether such resources are 
sufficient.

Section 714. Report on National Space Intelligence Center

    Section 714 requires the DNI, in coordination with the 
Chief of Space Operations, to submit a report to the 
congressional intelligence and defense committees regarding the 
National Space Intelligence Center (NSIC), including the 
implications of NSIC being aligned under a Field Command rather 
than a field operating agency aligned to the Director of 
Intelligence, Surveillance, and Reconnaissance of the Space 
Force.

Section 715. Report on implementation of Executive Order 13556, 
        regarding controlled unclassified information

    Section 715 requires the DNI and the Under Secretary of 
Defense for Intelligence and Security to submit a report to the 
congressional intelligence committees on the implementation of 
Executive Order 13556 (November 4, 2010), regarding controlled 
unclassified information. Section 715 further expresses the 
Sense of Congress that (1) during the time period in which the 
National Security Council conducts a review of the 
dissemination controls with respect to national security 
information, the Intelligence Community should pause 
implementation of the executive order, and (2) the executive 
order should be repealed.

Section 716. Comptroller General of the United States compilation of 
        unidentified aerospace-undersea phenomena records

    Section 716 directs the Comptroller General to review, 
compile, and prepare a public report on historical information 
in the possession of the Intelligence Community that could help 
explain unidentified aerospace-undersea phenomena (UAPs).

Section 717. National Museum of Intelligence and Special Operations

    Section 717 authorizes a privately-funded museum in 
Ashburn, Virginia to be recognized, upon completion, as the 
``National Museum of Intelligence and Special Operations.''

Section 718. Technical Corrections

    Section 718 makes certain technical corrections to the 
National Security Act of 1947; the Intelligence Authorization 
Act for Fiscal Years 2018, 2019, and 2020; the Intelligence 
Authorization Act for Fiscal Year 2012; and the Public Interest 
Declassification Act of 2000.

                                Purpose

    The purpose of H.R. 8367, the Intelligence Authorization 
Act for Fiscal Year 2023 (the Act), is to authorize the 
intelligence and intelligence-related activities of the United 
States Government for Fiscal Year 2023.

                 Classified Annex and Committee Intent

    The classified annex to this bill includes the classified 
Schedule of Authorizations, as well as directive and 
explanatory language. The classified Schedule of Authorizations 
is incorporated directly into the Act by Section 102 of the Act 
and has the legal status of public law. Elements of the 
Intelligence Community shall strictly comply with all Committee 
direction and other guidance contained in the classified annex.
    The classified annex, including the classified Schedule of 
Authorizations, will be made available for review by all 
Members of the House of Representatives on conditions set by 
the Committee at the time of its consideration of H.R. 8367.

                       Scope of Committee Review

    The Act authorizes United States intelligence and 
intelligence-related activities within the jurisdiction of the 
Committee, including the National Intelligence Program (NIP), 
the Military Intelligence Program (MIP), and the Information 
Systems Security Program (ISSP).
    The NIP consists of those intelligence activities of the 
United States Government that provide the President, other 
Executive Branch officials, and Congress with national 
intelligence on broad strategic concerns bearing on U.S. 
national security. The NIP funds activities of the Office of 
the Director of National Intelligence; the Central Intelligence 
Agency, including the CIA Retirement and Disability System; 
certain intelligence, counterintelligence, and intelligence-
related activities of the Department of Defense, including the 
Defense Intelligence Agency, the National Security Agency, the 
National Geospatial-Intelligence Agency, and the National 
Reconnaissance Office; and the intelligence elements of the 
Department of Energy; the Department of Homeland Security, 
including the U.S. Coast Guard; the Department of Justice, 
including the Federal Bureau of Investigation and the Drug 
Enforcement Administration; the Department of State; and the 
Department of the Treasury.
    The MIP consists of those intelligence activities of the 
United States Government that provide the President, other 
Executive Branch officials, and Congress with military 
intelligence bearing on U.S. national security, including the 
tactical intelligence and intelligence-related activities of 
the Department of Defense. The MIP funds certain activities of 
the Army, Navy, Marine Corps, Air Force, Space Force, Special 
Operations Command, the Defense Intelligence Agency, the 
National Geospatial-Intelligence Agency, the National Security 
Agency, the National Reconnaissance Office, and other elements 
of the Department of Defense.
    The Committee has exclusive or concurrent legislative and 
oversight jurisdiction of these activities--and exclusive 
jurisdiction to review and study the sources and methods of the 
Intelligence Community.

                    Committee Comments and Direction


Anomalous Health Incidents

    The Committee is committed to ensuring that all 
Intelligence Community (IC) personnel, and their dependents, 
who experience anomalous health incidents (AHIs) receive 
thorough and timely medical treatment and are appropriately 
compensated in accordance with the Helping American Victims 
Afflicted by Neurological Attacks Act of 2021 (the HAVANA Act; 
Public Law 117-46). Congress unanimously approved the HAVANA 
Act in order to empower the Central Intelligence Agency and the 
Department of State to fairly compensate AHI victims, cognizant 
of the fact that such victims often suffer from difficult-to-
characterize injuries. Therefore, the Committee urges the IC to 
implement the HAVANA Act in the spirit that Congress intended, 
by making relief available as soon as possible to those who 
need it.
    The Committee is further committed to ensuring that all IC 
employees, including AHI victims, receive the highest quality 
medical care. The Committee reminds the IC of its expectation 
that medical diagnoses and treatment must be provided only by 
qualified medical professionals, free from outside 
interference.
    To help AHI victims obtain health services and navigate the 
HAVANA Act compensation process, Section 414 of the Act 
requires the Director of the CIA to establish an Office of 
Workforce Support to provide eligible IC personnel, including 
AHI victims, with independent and confidential assistance on 
matters relating to their physical health, mental health, the 
programs and benefits available to them, and doctors and 
attorneys who may be able to further assist them.

Defense Attache Ranks and Selection Process

    The Senior Defense Official/Defense Attache (SDO/DATT) is 
the principal Department of Defense (DoD) official in a U.S. 
diplomatic mission as designated by the Secretary of Defense 
and the senior diplomatically-accredited DoD officer assigned 
to the mission. Defense attaches play a critical role in our 
nation's bilateral and multilateral engagements overseas. The 
Committee is concerned about the DoD's recent decision to 
downgrade the rank for numerous SDO/DATT billets, including 
billets in countries of significant strategic importance to the 
United States. Particularly in rank-conscious countries, these 
downgrades may degrade the SDO/DATT's ability to constructively 
engage with senior host nation counterparts, to fulfill their 
role as the Secretary of Defense's principal representative, 
and to advance U.S. security interests.
    Therefore, not later than March 1, 2023, the Undersecretary 
of Defense for Intelligence and Security, in coordination with 
the Director of the Defense Intelligence Agency, shall brief 
the Committee on the potential adverse impact of these 
downgrades and on the DoD's broader strategy to empower SDO/
DATTs.
    Separately, the Committee has registered concerns regarding 
the attache selection process, especially below the SDO/DATT 
level. For example, service-specific attaches and assistant 
attaches do not undergo a standardized selection process, do 
not require review or concurrence by the Defense Intelligence 
Agency (DIA)--which manages and trains the Defense Attache 
Service--and often serve only a single overseas tour. This 
disjointed strategy results in uneven attache capabilities and 
the perception that tours as an attache are not career 
enhancing for the highest performing officers.
    Therefore, not later than October 11, 2023, the Director of 
the DIA, in coordination with the Intelligence Directors of the 
Army, Navy, Air Force, Marine Corps, Coast Guard, and Space 
Force, and in consultation with the Department of State, shall 
develop and brief the Committee on standardized selection and 
evaluation criteria for attache candidates, including SDO/
DATTs, service-specific attaches, and assistant attaches.

Open-Source Intelligence

    The Committee believes that policymakers' need for high-
quality analysis informed by open-source intelligence (OSINT) 
will continue to rise. The OSINT mission has become more 
complex due to the increasing volume of information that needs 
to be accessed and analyzed. The Director of the CIA is the 
functional manager for the OSINT intelligence discipline. The 
Committee was disappointed that the Fiscal Year 2023 budget 
request for the CIA's Open Source Enterprise (OSE) did not 
include new investments in OSINT capabilities. The Committee 
has authorized additional funding to enable OSE to implement 
its plan to increase capability for the CIA and the broader IC.

Report on Potential Establishment of Open Translation and Analysis 
        Center

    Not later than June 30, 2023, the Director of National 
Intelligence, in coordination with the Secretary of State and 
the head of any element of the Intelligence Community the DNI 
deems appropriate, shall submit to the Committee a report--in 
classified form with an unclassified summary--analyzing the 
need for, the advisability of, and the feasibility of 
establishing an entity that would, consistent with the 
protection of intelligence sources and methods, provide 
policymakers and the public with increased insight into open 
source foreign language material. The primary function of the 
entity would be to translate, analyze, and contextualize 
publicly available foreign language documents, including 
government documents, from foreign countries of strategic 
interest to the United States for the purpose of enhancing 
policymaker and public understanding of foreign governments, 
militaries, economies, and cultures. The report may recommend 
alternatives to a new entity, such as housing these functions 
in an existing entity or making any existing open source 
analysis more broadly available to policymakers and the public. 
If the report determines a need for a new entity, it shall also 
specify the most feasible and dvisable legal structure for a 
new entity and its relationship to the United States 
Government.

Intelligence Community Role in Documenting Russian Atrocities

    In the course of its unjustified invasion of Ukraine, 
Russia has committed numerous apparent war crimes, including 
the execution of civilians, the intentional targeting of 
civilian infrastructure, unlawful detentions, and forced 
deportations of civilians to Russia. Culpability for these 
actions may rise to the highest levels of the Russian military 
and government.
    Section 602 of the Act establishes an Intelligence 
Community Coordinator for Russian Atrocities Accountability in 
order to identify and disseminate intelligence relating to 
Russian atrocities in Ukraine.
    This provision reflects the view of the Committee that the 
Intelligence Community (IC), due to its unique capabilities and 
resources, and consistent with the protection of intelligence 
sources and methods, has a significant role to play in 
collecting, analyzing, and--at the direction of U.S. 
policymakers--appropriately disseminating to other U.S. 
government agencies, foreign governments, international bodies, 
and international tribunals atrocity-related intelligence.

Unclassified Workspaces

    Not later than June 30, 2023, the Director of National 
Intelligence shall submit to the Committee a report regarding 
the use of unclassified workspaces by Intelligence Community 
(IC) employees. The report shall include: (1) a description of 
the IC's current use of unclassified workspaces in the United 
States, broken down by IC element; (2) a description of any IC 
plans or pilot initiatives to study or identify additional 
unclassified workspaces for IC employee use in the United 
States; (3) an identification of potential unclassified 
workspaces that are geographically distributed across the 
United States, including facilities that are already owned, 
leased, or managed by IC elements or by non-IC agencies and 
departments of the United States Government, including the 
armed forces and the national laboratories; (4) a description 
of the types of work that IC employees currently perform, or in 
the future might perform, in unclassified workspaces; and (5) 
an assessment of the demand for, the benefits and risks of, and 
the costs associated with the IC maintaining unclassified 
workspaces, including for the benefit of newly hired IC 
employees whose security clearance adjudications are pending, 
the benefit to IC employees who seek relocation, telework, or 
geographic flexibilities; and any counterintelligence risks.

End-Use Monitoring of U.S.-Origin Defense Articles and Services

    The unauthorized use by a foreign government of U.S.-origin 
defense articles or defense services, including to target 
civilians, contravenes U.S. interests and values. Likewise, the 
transfer by a foreign government of U.S.-origin defense 
articles or services to unauthorized recipients, including 
China or Russia, poses a serious risk to U.S. national 
security. The Intelligence Community (IC) has a key role to 
play in ensuring that U.S. policymakers have accurate and 
timely information regarding whether U.S. defense articles and 
services are being used by their intended recipients and for 
their intended purpose.
    Therefore, not later than June 30, 2023, the Director of 
National Intelligence shall submit to the Committee a report 
regarding IC support to the Department of State, the Department 
of Defense, and other relevant policymakers to strengthen end-
use monitoring for U.S.-origin defense articles and services. 
The report should include, at minimum, (1) a detailed 
description of current efforts by the IC to collect, analyze, 
and disseminate intelligence for IC customers, including 
Congress, related to end-use monitoring; (2) an assessment of 
any meaningful intelligence gaps that exist notwithstanding the 
IC's current efforts; and (3) an assessment of the need for, 
the advisability of, and the feasibility of the IC enhancing 
and prioritizing its efforts to collect, analyze, and 
disseminate intelligence for IC customers, including Congress, 
related to end-use monitoring, including by having the DNI 
designate a senior IC official to serve as lead IC coordinator 
responsible for overseeing an inter-agency effort to identify 
and fill gaps in all-source intelligence collection, analysis, 
and dissemination related to end-use monitoring.

Food Security

    Section 612 requires the Director of National Intelligence 
(DNI) to submit a report to the congressional intelligence 
committees on the implications of Russia's invasion of Ukraine 
for global food insecurity and U.S. national security, 
including an assessment of whether Russia, China, or any other 
foreign nation has the ability and the will to disrupt the 
global food supply to serve geopolitical purposes.
    Separately, not later than March 31, 2023, the Director of 
National Intelligence, the Assistant Secretary of State for 
Intelligence and Research, and the head of any other 
Intelligence Community element that the DNI deems appropriate 
shall provide a broader briefing to the Committee on the IC's 
analysis of global food security and its implications for U.S. 
national security. As part of that briefing, briefers should be 
prepared to discuss the effects of increased production and 
consumption of alternative proteins, as defined in in H.R. 7468 
(117th Congress), on long-term U.S. national security 
interests.

                        Committee Consideration

    The Committee marked up H.R. 8367 on July 20, 2022. 
Chairman Schiff offered an amendment in the nature of a 
substitute, which the Committee adopted by unanimous consent. 
No other amendments were offered, and the bill as amended was 
approved and ordered to be reported to the House by voice vote.

                           Oversight Findings

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Act and its accompanying 
classified annex result from open and closed hearings, 
briefings, and other oversight activities conducted by the 
Committee pursuant to clause 2(b)(1) of rule X.

                General Performance Goals and Objectives

    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, the general goals and objectives 
of H.R. 8367 are to authorize the intelligence and 
intelligence-related activities of the United States Government 
for Fiscal Year 2023. The Act and its accompanying classified 
annex reflect in detail the Committee's specific performance 
goals and objectives.

                Applicability to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this Act to the legislative 
branch where the Act relates to terms and conditions of 
employment or access to public services or accommodations. H.R. 
8367 does not relate to terms and conditions of employment or 
access to public services or accommodations.

                    Duplication of Federal Programs

    In accordance with clause 3(c)(5) of rule XIII of the Rules 
of the House of Representatives, no provision of this Act 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  Disclosure of Directed Rule Makings

    This Act does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                Federal Advisory Committee Act Statement

    The Act does not establish or authorize the establishment 
of an advisory committee within the definition of section 5(b) 
of the appendix to title 5, United States Code.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Estimate of Costs

    On August 1, 2022, the Committee transmitted this bill to 
the Congressional Budget Office and requested an estimate of 
the costs incurred in carrying out the unclassified provisions, 
including any federal mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     NATIONAL SECURITY ACT OF 1947


                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

                            TABLE OF CONTENTS

     * * * * * * *

               Title I--Coordination for National Security

Sec. 101. National Security Council.
     * * * * * * *
Sec. 102B. Additional transaction authority.
     * * * * * * *
Sec. 103K. Chief Data Officer.
     * * * * * * *

           Title V--Accountability for Intelligence Activities

     * * * * * * *
Sec. 506J. Classified intelligence budget justification materials.
     * * * * * * *
Sec. 514. Unfunded priorities of the intelligence community: annual 
          report.
Sec. 515. Submission of classified annexes to executive orders and other 
          documents.
     * * * * * * *

                       TITLE XI--OTHER PROVISIONS

     * * * * * * *
Sec. 1102A. Measures to mitigate counterintelligence threats from 
          proliferation and use of foreign commercial spyware.
     * * * * * * *
[Sec. 1107A. Annual reports on security services of the People's 
          Republic of China in the Hong Kong Special Administrative 
          Region.]

           *       *       *       *       *       *       *


                              DEFINITIONS

  Sec. 3. As used in this Act:
          (1) The term ``intelligence'' includes foreign 
        intelligence and counterintelligence.
          (2) The term ``foreign intelligence'' means 
        information relating to the capabilities, intentions, 
        or activities of foreign governments or elements 
        thereof, foreign organizations, or foreign persons, or 
        international terrorist activities.
          (3) The term ``counterintelligence'' means 
        information gathered, and activities conducted, to 
        protect against espionage, other intelligence 
        activities, sabotage, or assassinations conducted by or 
        on behalf of foreign governments or elements thereof, 
        foreign organizations, or foreign persons, or 
        international terrorist activities.
          (4) The term ``intelligence community'' includes the 
        following:
                  (A) The Office of the Director of National 
                Intelligence.
                  (B) The Central Intelligence Agency.
                  (C) The National Security Agency.
                  (D) The Defense Intelligence Agency.
                  (E) The National Geospatial-Intelligence 
                Agency.
                  (F) The National Reconnaissance Office.
                  (G) Other offices within the Department of 
                Defense for the collection of specialized 
                national intelligence through reconnaissance 
                programs.
                  (H) The intelligence elements of the Army, 
                the Navy, the Air Force, the Marine Corps, the 
                Space Force, the Coast Guard, the Federal 
                Bureau of Investigation, the Drug Enforcement 
                Administration, and the Department of Energy.
                  (I) The Bureau of Intelligence and Research 
                of the Department of State.
                  (J) The Office of Intelligence and Analysis 
                of the Department of the Treasury.
                  (K) The Office of Intelligence and Analysis 
                of the Department of Homeland Security.
                  (L) Such other elements of any department or 
                agency as may be designated by the President, 
                or designated jointly by the Director of 
                National Intelligence and the head of the 
                department or agency concerned, as an element 
                of the intelligence community.
          (5) The terms ``national intelligence'' and 
        ``intelligence related to national security'' refer to 
        all intelligence, regardless of the source from which 
        derived and including information gathered within or 
        outside the United States, that--
                  (A) pertains, as determined consistent with 
                any guidance issued by the President, to more 
                than one United States Government agency; and
                  (B) that involves--
                          (i) threats to the United States, its 
                        people, property, or interests;
                          (ii) the development, proliferation, 
                        or use of weapons of mass destruction; 
                        or
                          (iii) any other matter bearing on 
                        United States national or homeland 
                        security.
          (6) The term ``National Intelligence Program'' refers 
        to all programs, projects, and activities of the 
        intelligence community, as well as any other programs 
        of the intelligence community designated jointly by the 
        Director of National Intelligence and the head of a 
        United States department or agency or by the President. 
        Such term does not include programs, projects, or 
        activities of the military departments to acquire 
        intelligence solely for the planning and conduct of 
        tactical military operations by United States Armed 
        Forces.
          (7) The term ``congressional intelligence 
        committees'' means--
                  (A) the Select Committee on Intelligence of 
                the Senate; and
                  (B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.

TITLE I--COORDINATION FOR NATIONAL SECURITY

           *       *       *       *       *       *       *



                  joint intelligence community council

  Sec. 101A. (a) Joint Intelligence Community Council.--There 
is a Joint Intelligence Community Council.
  (b) Membership.--The Joint Intelligence Community Council 
shall consist of the following:
          (1) The Director of National Intelligence, who shall 
        chair the Council.
          (2) The Secretary of State.
          (3) The Secretary of the Treasury.
          (4) The Secretary of Defense.
          (5) The Attorney General.
          (6) The Secretary of Energy.
          (7) The Secretary of Homeland Security.
          (8) The Director of the Central Intelligence Agency.
          [(8)] (9) Such other officers of the United States 
        Government as the President may designate from time to 
        time.
  (c) Functions.--The Joint Intelligence Community Council 
shall assist the Director of National Intelligence in 
developing and implementing a joint, unified national 
intelligence effort to protect national security by--
          (1) advising the Director on establishing 
        requirements, developing budgets, financial management, 
        and monitoring and evaluating the performance of the 
        intelligence community, and on such other matters as 
        the Director may request[; and];
          (2) ensuring the timely execution of programs, 
        policies, and directives established or developed by 
        the Director[.]; and
          (3) ensuring that the intelligence community has 
        efficient and effective mechanisms to receive and 
        prioritize the intelligence needs of the departments 
        and agencies of the United States Government that are 
        not part of the intelligence community or the 
        Department of Defense.
  (d) Meetings.--The Director of National Intelligence shall 
convene meetings of the Joint Intelligence Community Council 
[as the Director considers appropriate] on an annual basis, or 
more frequently as the Director determines appropriate.
  (e) Advice and Opinions of Members Other Than Chairman.--(1) 
A member of the Joint Intelligence Community Council (other 
than the Chairman) may submit to the Chairman advice or an 
opinion in disagreement with, or advice or an opinion in 
addition to, the advice presented by the Director of National 
Intelligence to the President or the National Security Council, 
in the role of the Chairman as Chairman of the Joint 
Intelligence Community Council. If a member submits such advice 
or opinion, the Chairman shall present the advice or opinion of 
such member at the same time the Chairman presents the advice 
of the Chairman to the President or the National Security 
Council, as the case may be.
  (2) The Chairman shall establish procedures to ensure that 
the presentation of the advice of the Chairman to the President 
or the National Security Council is not unduly delayed by 
reason of the submission of the individual advice or opinion of 
another member of the Council.
  (f) Recommendations to Congress.--Any member of the Joint 
Intelligence Community Council may make such recommendations to 
Congress relating to the intelligence community as such member 
considers appropriate.

           *       *       *       *       *       *       *


     responsibilities and authorities of the director of national 
                              intelligence

  Sec. 102A. (a) Provision of Intelligence.--(1) The Director 
of National Intelligence shall be responsible for ensuring that 
national intelligence is provided--
          (A) to the President;
          (B) to the heads of departments and agencies of the 
        executive branch;
          (C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders;
          (D) to the Senate and House of Representatives and 
        the committees thereof; and
          (E) to such other persons as the Director of National 
        Intelligence determines to be appropriate.
  (2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all 
sources available to the intelligence community and other 
appropriate entities.
  (b) Access to Intelligence.--Unless otherwise directed by the 
President, the Director of National Intelligence shall have 
access to all national intelligence and intelligence related to 
the national security which is collected by any Federal 
department, agency, or other entity, except as otherwise 
provided by law or, as appropriate, under guidelines agreed 
upon by the Attorney General and the Director of National 
Intelligence.
  (c) Budget Authorities.--(1) With respect to budget requests 
and appropriations for the National Intelligence Program, the 
Director of National Intelligence shall--
          (A) based on intelligence priorities set by the 
        President, provide to the heads of departments 
        containing agencies or organizations within the 
        intelligence community, and to the heads of such 
        agencies and organizations, [guidance] specific 
        requirements for developing the National Intelligence 
        Program budget pertaining to such agencies and 
        organizations;
          (B) based on budget proposals provided to the 
        Director of National Intelligence by the heads of 
        agencies and organizations within the intelligence 
        community and the heads of their respective departments 
        and, as appropriate, after obtaining the advice of the 
        Joint Intelligence Community Council, develop and 
        determine an annual consolidated National Intelligence 
        Program budget; and
          (C) present such consolidated National Intelligence 
        Program budget, together with any comments from the 
        heads of departments containing agencies or 
        organizations within the intelligence community, to the 
        President for approval.
  (2) In addition to the information provided under paragraph 
(1)(B), the heads of agencies and organizations within the 
intelligence community shall provide the Director of National 
Intelligence such other information as the Director shall 
request for the purpose of determining the annual consolidated 
National Intelligence Program budget under that paragraph.
  (3)(A) The Director of National Intelligence shall 
participate in the development by the Secretary of Defense of 
the annual budget for the Military Intelligence Program or any 
successor program or programs.
  (B) The Director of National Intelligence shall establish 
specific requirements and provide guidance for the development 
of the annual budget for each element of the intelligence 
community that is not within the National Intelligence Program.
  (4) The Director of National Intelligence shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
  (5)(A) The Director of National Intelligence shall be 
responsible for managing appropriations for the National 
Intelligence Program by directing the allotment or allocation 
of such appropriations through the heads of the departments 
containing agencies or organizations within the intelligence 
community and the Director of the Central Intelligence Agency, 
with prior notice (including the provision of appropriate 
supporting information) to the head of the department 
containing an agency or organization receiving any such 
allocation or allotment or the Director of the Central 
Intelligence Agency.
  (B) Notwithstanding any other provision of law, pursuant to 
relevant appropriations Acts for the National Intelligence 
Program, the Director of the Office of Management and Budget 
shall exercise the authority of the Director of the Office of 
Management and Budget to apportion funds, at the exclusive 
direction of the Director of National Intelligence, for 
allocation to the elements of the intelligence community 
through the relevant host executive departments and the Central 
Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or 
transfer funds appropriated for the National Intelligence 
Program in an expeditious manner.
  (C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence 
Program by the heads of the elements of the intelligence 
community that manage programs and activities that are part of 
the National Intelligence Program, which [may] shall include 
audits and evaluations.
  (D) Consistent with subparagraph (C), the Director of 
National Intelligence shall ensure that the programs and 
activities that are part of the National Intelligence Program, 
including those of the Federal Bureau of Investigation, are 
structured and executed in a manner than enables budget 
traceability.
  (6) Apportionment and allotment of funds under this 
subsection shall be subject to chapter 13 and section 1517 of 
title 31, United States Code, and the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
  (7)(A) The Director of National Intelligence shall provide a 
semi-annual report, beginning April 1, 2005, and ending April 
1, 2007, to the President and the Congress regarding 
implementation of this section.
  (B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after 
learning of any instance in which a departmental comptroller 
acts in a manner inconsistent with the law (including permanent 
statutes, authorization Acts, and appropriations Acts), or the 
direction of the Director of National Intelligence, in carrying 
out the National Intelligence Program.
  (d) Role of Director of National Intelligence in Transfer and 
Reprogramming of Funds.--(1)(A) No funds made available under 
the National Intelligence Program may be transferred or 
reprogrammed without the prior approval of the Director of 
National Intelligence, except in accordance with procedures 
prescribed by the Director of National Intelligence.
  (B) The Secretary of Defense shall consult with the Director 
of National Intelligence before transferring or reprogramming 
funds made available under the Military Intelligence Program or 
any successor program or programs.
  (2) Subject to the succeeding provisions of this subsection, 
the Director of National Intelligence may transfer or reprogram 
funds appropriated for a program within the National 
Intelligence Program--
          (A) to another such program;
          (B) to other departments or agencies of the United 
        States Government for the development and fielding of 
        systems of common concern related to the collection, 
        processing, analysis, exploitation, and dissemination 
        of intelligence information; or
          (C) to a program funded by appropriations not within 
        the National Intelligence Program to address critical 
        gaps in intelligence information sharing or access 
        capabilities.
  (3) The Director of National Intelligence may only transfer 
or reprogram funds referred to in paragraph (1)(A)--
          (A) with the approval of the Director of the Office 
        of Management and Budget; and
          (B) after consultation with the heads of departments 
        containing agencies or organizations within the 
        intelligence community to the extent such agencies or 
        organizations are affected, and, in the case of the 
        Central Intelligence Agency, after consultation with 
        the Director of the Central Intelligence Agency.
  (4) The amounts available for transfer or reprogramming in 
the National Intelligence Program in any given fiscal year, and 
the terms and conditions governing such transfers and 
reprogrammings, are subject to the provisions of annual 
appropriations Acts and this subsection.
  (5)(A) A transfer or reprogramming of funds may be made under 
this subsection only if--
          (i) the funds are being transferred to an activity 
        that is a higher priority intelligence activity;
          (ii) the transfer or reprogramming supports an 
        emergent need, improves program effectiveness, or 
        increases efficiency;
          (iii) the transfer or reprogramming does not involve 
        a transfer or reprogramming of funds to a Reserve for 
        Contingencies of the Director of National Intelligence 
        or the Reserve for Contingencies of the Central 
        Intelligence Agency;
          (iv) the transfer or reprogramming results in a 
        cumulative transfer or reprogramming of funds out of 
        any department or agency, as appropriate, funded in the 
        National Intelligence Program in a single fiscal year--
                  (I) that is less than $150,000,000, and
                  (II) that is less than 5 percent of amounts 
                available to a department or agency under the 
                National Intelligence Program; and
          (v) the transfer or reprogramming does not terminate 
        an acquisition program.
  (B) A transfer or reprogramming may be made without regard to 
a limitation set forth in clause (iv) or (v) of subparagraph 
(A) if the transfer has the concurrence of the head of the 
department involved or the Director of the Central Intelligence 
Agency (in the case of the Central Intelligence Agency). The 
authority to provide such concurrence may only be delegated by 
the head of the department involved or the Director of the 
Central Intelligence Agency (in the case of the Central 
Intelligence Agency) to the deputy of such officer.
  (6) Funds transferred or reprogrammed under this subsection 
shall remain available for the same period as the 
appropriations account to which transferred or reprogrammed.
  (7) Any transfer or reprogramming of funds under this 
subsection shall be carried out in accordance with existing 
procedures applicable to reprogramming notifications for the 
appropriate congressional committees. Any proposed transfer or 
reprogramming for which notice is given to the appropriate 
congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer or reprogramming 
and how it satisfies the requirements of this subsection. In 
addition, the congressional intelligence committees shall be 
promptly notified of any transfer or reprogramming of funds 
made pursuant to this subsection in any case in which the 
transfer or reprogramming would not have otherwise required 
reprogramming notification under procedures in effect as of the 
date of the enactment of this subsection.
  (e) Transfer of Personnel.--(1)(A) In addition to any other 
authorities available under law for such purposes, in the first 
twelve months after establishment of a new national 
intelligence center, the Director of National Intelligence, 
with the approval of the Director of the Office of Management 
and Budget and in consultation with the congressional 
committees of jurisdiction referred to in subparagraph (B), may 
transfer not more than 100 personnel authorized for elements of 
the intelligence community to such center.
  (B) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) the Committees on Appropriations of the Senate 
        and the House of Representatives;
          (iii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iv) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (C) The Director shall include in any notice under 
subparagraph (B) an explanation of the nature of the transfer 
and how it satisfies the requirements of this subsection.
  (2)(A) The Director of National Intelligence, with the 
approval of the Director of the Office of Management and Budget 
and in accordance with procedures to be developed by the 
Director of National Intelligence and the heads of the 
departments and agencies concerned, may transfer personnel 
authorized for an element of the intelligence community to 
another such element for a period of not more than 2 years.
  (B) A transfer of personnel may be made under this paragraph 
only if--
          (i) the personnel are being transferred to an 
        activity that is a higher priority intelligence 
        activity; and
          (ii) the transfer supports an emergent need, improves 
        program effectiveness, or increases efficiency.
  (C) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iii) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (D) The Director shall include in any notice under 
subparagraph (C) an explanation of the nature of the transfer 
and how it satisfies the requirements of this paragraph.
  (3)(A) In addition to the number of full-time equivalent 
positions authorized for the Office of the Director of National 
Intelligence for a fiscal year, there is authorized for such 
Office for each fiscal year an additional 100 full-time 
equivalent positions that may be used only for the purposes 
described in subparagraph (B).
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence may use a full-time equivalent position 
authorized under subparagraph (A) only for the purpose of 
providing a temporary transfer of personnel made in accordance 
with paragraph (2) to an element of the intelligence community 
to enable such element to increase the total number of 
personnel authorized for such element, on a temporary basis--
          (i) during a period in which a permanent employee of 
        such element is absent to participate in critical 
        language training; or
          (ii) to accept a permanent employee of another 
        element of the intelligence community to provide 
        language-capable services.
  (C) Paragraph (2)(B) shall not apply with respect to a 
transfer of personnel made under subparagraph (B).
  (D) For each of the fiscal years 2010, 2011, and 2012, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees an annual report on the 
use of authorities under this paragraph. Each such report shall 
include a description of--
          (i) the number of transfers of personnel made by the 
        Director pursuant to subparagraph (B), disaggregated by 
        each element of the intelligence community;
          (ii) the critical language needs that were fulfilled 
        or partially fulfilled through the use of such 
        transfers; and
          (iii) the cost to carry out subparagraph (B).
  (4) It is the sense of Congress that--
          (A) the nature of the national security threats 
        facing the United States will continue to challenge the 
        intelligence community to respond rapidly and flexibly 
        to bring analytic resources to bear against emerging 
        and unforeseen requirements;
          (B) both the Office of the Director of National 
        Intelligence and any analytic centers determined to be 
        necessary should be fully and properly supported with 
        appropriate levels of personnel resources and that the 
        President's yearly budget requests adequately support 
        those needs; and
          (C) the President should utilize all legal and 
        administrative discretion to ensure that the Director 
        of National Intelligence and all other elements of the 
        intelligence community have the necessary resources and 
        procedures to respond promptly and effectively to 
        emerging and unforeseen national security challenges.
  (f) Tasking and Other Authorities.--(1)(A) The Director of 
National Intelligence shall--
          (i) establish objectives, priorities, and guidance 
        for the intelligence community to ensure timely and 
        effective collection, processing, analysis, and 
        dissemination (including access by users to collected 
        data consistent with applicable law and, as 
        appropriate, the guidelines referred to in subsection 
        (b) and analytic products generated by or within the 
        intelligence community) of national intelligence;
          (ii) determine requirements and priorities for, and 
        manage and direct the tasking of, collection, analysis, 
        production, and dissemination of national intelligence 
        by elements of the intelligence community, including--
                  (I) approving requirements (including those 
                requirements responding to needs provided by 
                consumers) for collection and analysis; and
                  (II) resolving conflicts in collection 
                requirements and in the tasking of national 
                collection assets of the elements of the 
                intelligence community; and
          (iii) provide advisory tasking to intelligence 
        elements of those agencies and departments not within 
        the National Intelligence Program.
  (B) The authority of the Director of National Intelligence 
under subparagraph (A) shall not apply--
          (i) insofar as the President so directs;
          (ii) with respect to clause (ii) of subparagraph (A), 
        insofar as the Secretary of Defense exercises tasking 
        authority under plans or arrangements agreed upon by 
        the Secretary of Defense and the Director of National 
        Intelligence; or
          (iii) to the direct dissemination of information to 
        State government and local government officials and 
        private sector entities pursuant to sections 201 and 
        892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 
        482).
  (2) The Director of National Intelligence shall oversee the 
National Counterterrorism Center, the National 
Counterproliferation Center, and the National 
Counterintelligence and Security Center and may establish such 
other national intelligence centers as the Director determines 
necessary.
  (3)(A) The Director of National Intelligence shall prescribe, 
in consultation with the heads of other agencies or elements of 
the intelligence community, and the heads of their respective 
departments, personnel policies and programs applicable to the 
intelligence community that--
          (i) encourage and facilitate assignments and details 
        of personnel to national intelligence centers, and 
        between elements of the intelligence community;
          (ii) set standards for education, training, and 
        career development of personnel of the intelligence 
        community;
          (iii) encourage and facilitate the recruitment and 
        retention by the intelligence community of highly 
        qualified individuals for the effective conduct of 
        intelligence activities;
          (iv) ensure that the personnel of the intelligence 
        community are sufficiently diverse for purposes of the 
        collection and analysis of intelligence through the 
        recruitment and training of women, minorities, and 
        individuals with diverse ethnic, cultural, and 
        linguistic backgrounds;
          (v) make service in more than one element of the 
        intelligence community a condition of promotion to such 
        positions within the intelligence community as the 
        Director shall specify; and
          (vi) ensure the effective management of intelligence 
        community personnel who are responsible for 
        intelligence community-wide matters.
  (B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable 
to members of the uniformed services.
  (4) The Director of National Intelligence shall ensure 
compliance with the Constitution and laws of the United States 
by the Central Intelligence Agency and shall ensure such 
compliance by other elements of the intelligence community 
through the host executive departments that manage the programs 
and activities that are part of the National Intelligence 
Program.
  (5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
  (6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence 
information to be collected under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide 
assistance to the Attorney General to ensure that information 
derived from electronic surveillance or physical searches under 
that Act is disseminated so it may be used efficiently and 
effectively for national intelligence purposes, except that the 
Director shall have no authority to direct or undertake 
electronic surveillance or physical search operations pursuant 
to that Act unless authorized by statute or Executive order.
  (7)(A) The Director of National Intelligence shall, if the 
Director determines it is necessary, or may, if requested by a 
congressional intelligence committee, conduct an accountability 
review of an element of the intelligence community or the 
personnel of such element in relation to a failure or 
deficiency within the intelligence community.
  (B) The Director of National Intelligence, in consultation 
with the Attorney General, shall establish guidelines and 
procedures for conducting an accountability review under 
subparagraph (A).
  (C)(i) The Director of National Intelligence shall provide 
the findings of an accountability review conducted under 
subparagraph (A) and the Director's recommendations for 
corrective or punitive action, if any, to the head of the 
applicable element of the intelligence community. Such 
recommendations may include a recommendation for dismissal of 
personnel.
  (ii) If the head of such element does not implement a 
recommendation made by the Director under clause (i), the head 
of such element shall submit to the congressional intelligence 
committees a notice of the determination not to implement the 
recommendation, including the reasons for the determination.
  (D) The requirements of this paragraph shall not be construed 
to limit any authority of the Director of National Intelligence 
under subsection (m) or with respect to supervision of the 
Central Intelligence Agency.
  (8)(A) The Director of National Intelligence shall ensure 
there is established a policy for minimum insider threat 
standards that is consistent with the Presidential memorandum 
of November 21, 2012, titled ``National Insider Threat Policy 
and Minimum Standards for Executive Branch Insider Threat 
Programs'', or any successor thereto.
  (B) The head of each element of the intelligence community 
shall implement the policy under subparagraph (A) within that 
element, and, concurrent with the submission to Congress of 
budget justification materials in support of the budget of the 
President for a fiscal year that is submitted to Congress under 
section 1105(a) of title 31, United States Code, shall submit 
to Congress a certification as to whether the element is in 
compliance with such policy.
  (C) The Director shall conduct periodic audits to determine 
whether each element of the intelligence community is in 
compliance with the policy under subparagraph (A). The Director 
may refer any audit under this subparagraph to the Inspector 
General of the Intelligence Community, who shall conduct such 
audit on behalf of the Director.
  [(8)] (9) The Director of National Intelligence shall perform 
such other intelligence-related functions as the President may 
direct.
  [(9)] (10) Nothing in this title shall be construed as 
affecting the role of the Department of Justice or the Attorney 
General under the Foreign Intelligence Surveillance Act of 
1978.
  (g) Intelligence Information Sharing.--(1) The Director of 
National Intelligence shall have principal authority to ensure 
maximum availability of and access to intelligence information 
within the intelligence community consistent with national 
security requirements. The Director of National Intelligence 
shall--
          (A) establish uniform security standards and 
        procedures;
          (B) establish common information technology 
        standards, protocols, and interfaces;
          (C) ensure development of information technology 
        systems that include multi-level security and 
        intelligence integration capabilities;
          (D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence 
        information and the need to protect intelligence 
        sources and methods;
          (E) develop an enterprise architecture for the 
        intelligence community and ensure that elements of the 
        intelligence community comply with such architecture;
          (F) have procurement approval authority over all 
        enterprise architecture-related information technology 
        items funded in the National Intelligence Program; and
          (G) in accordance with Executive Order No. 13526 (75 
        Fed. Reg. 707; relating to classified national security 
        information) (or any subsequent corresponding executive 
        order), and part 2001 of title 32, Code of Federal 
        Regulations (or any subsequent corresponding 
        regulation), establish--
                  (i) guidance to standardize, in appropriate 
                cases, the formats for classified and 
                unclassified intelligence products created by 
                elements of the intelligence community for 
                purposes of promoting the sharing of 
                intelligence products; and
                  (ii) policies and procedures requiring the 
                increased use, in appropriate cases, and 
                including portion markings, of the 
                classification of portions of information 
                within one intelligence product.
  (2) The President shall ensure that the Director of National 
Intelligence has all necessary support and authorities to fully 
and effectively implement paragraph (1).
  (3) Except as otherwise directed by the President or with the 
specific written agreement of the head of the department or 
agency in question, a Federal agency or official shall not be 
considered to have met any obligation to provide any 
information, report, assessment, or other material (including 
unevaluated intelligence information) to that department or 
agency solely by virtue of having provided that information, 
report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
  (4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or 
practice that the Director believes impedes the ability of the 
Director to fully and effectively ensure maximum availability 
of access to intelligence information within the intelligence 
community consistent with the protection of the national 
security of the United States.
  (h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national 
security needs, the Director of National Intelligence shall--
          (1) implement policies and procedures--
                  (A) to [encourage] require sound and 
                apolitical analytic methods and tradecraft 
                throughout the elements of the intelligence 
                community;
                  (B) to ensure that analysis is based upon all 
                sources available; and
                  (C) to ensure that the elements of the 
                intelligence community regularly conduct 
                competitive analysis of analytic products, 
                whether such products are produced by or 
                disseminated to such elements;
          (2) ensure that resource allocation for intelligence 
        analysis is appropriately proportional to resource 
        allocation for intelligence collection systems and 
        operations in order to maximize analysis of all 
        collected data;
          [(3) ensure that differences in analytic judgment are 
        fully considered and brought to the attention of 
        policymakers; and]
          (3) ensure that substantial differences in analytic 
        judgment are fully considered, brought to the attention 
        of policymakers, and documented in analytic products; 
        and
          (4) ensure that sufficient relationships are 
        established between intelligence collectors and 
        analysts to facilitate greater understanding of the 
        needs of analysts.
  (i) Protection of Intelligence Sources and Methods.--(1) The 
Director of National Intelligence shall establish and enforce 
policies to protect intelligence sources and methods from 
unauthorized disclosure.
  (2) Consistent with paragraph (1), in order to maximize the 
dissemination of intelligence, the Director of National 
Intelligence shall establish and implement [guidelines] 
requirements for the intelligence community for the following 
purposes:
          (A) Classification of information under applicable 
        law, Executive orders, or other Presidential 
        directives.
          (B) Access to and dissemination of intelligence, both 
        in final form and in the form when initially gathered.
          (C) Preparation of intelligence products in such a 
        way that source information is removed to allow for 
        dissemination at the lowest level of classification 
        possible or in unclassified form to the extent 
        practicable.
  (3) The Director may only delegate a duty or authority given 
the Director under this subsection to the Principal Deputy 
Director of National Intelligence.
  (4) Each head of an element of the intelligence community 
shall ensure that any congressionally mandated report submitted 
to Congress by the head, other than such a report submitted 
solely to the congressional intelligence committees, shall be 
consistent with the protection of intelligence sources and 
methods in accordance with the policies established by the 
Director under paragraph (1), regardless of whether the 
provision of law mandating the report explicitly requires such 
protection.
  (j) Uniform Procedures for Classified Information.--The 
Director of National Intelligence, subject to the direction of 
the President, shall--
          (1) establish uniform standards and procedures for 
        the grant of access to sensitive compartmented 
        information to any officer or employee of any agency or 
        department of the United States and to employees of 
        contractors of those agencies or departments;
          (2) ensure the consistent implementation of those 
        standards and procedures throughout such agencies and 
        departments;
          (3) ensure that security clearances granted by 
        individual elements of the intelligence community are 
        recognized by all elements of the intelligence 
        community, and under contracts entered into by those 
        agencies;
          (4) ensure that the process for investigation and 
        adjudication of an application for access to sensitive 
        compartmented information is performed in the most 
        expeditious manner possible consistent with applicable 
        standards for national security;
          (5) ensure that the background of each employee or 
        officer of an element of the intelligence community, 
        each contractor to an element of the intelligence 
        community, and each individual employee of such a 
        contractor who has been determined to be eligible for 
        access to classified information is monitored on a 
        continual basis under standards developed by the 
        Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such 
        employee or officer of an element of the intelligence 
        community, such contractor, or such individual employee 
        to such a contractor to determine whether such employee 
        or officer of an element of the intelligence community, 
        such contractor, and such individual employee of such a 
        contractor continues to meet the requirements for 
        eligibility for access to classified information; and
          (6) develop procedures to require information sharing 
        between elements of the intelligence community 
        concerning potentially derogatory security information 
        regarding an employee or officer of an element of the 
        intelligence community, a contractor to an element of 
        the intelligence community, or an individual employee 
        of such a contractor that may impact the eligibility of 
        such employee or officer of an element of the 
        intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.
  (k) Coordination With Foreign Governments.--Under the 
direction of the President and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the Director of National Intelligence shall oversee the 
coordination of the relationships between elements of the 
intelligence community and the intelligence or security 
services of foreign governments or international organizations 
on all matters involving intelligence related to the national 
security or involving intelligence acquired through clandestine 
means.
  (l) Enhanced Personnel Management.--(1)(A) The Director of 
National Intelligence shall, under regulations prescribed by 
the Director, provide incentives for personnel of elements of 
the intelligence community to serve--
          (i) on the staff of the Director of National 
        Intelligence;
          (ii) on the staff of the national intelligence 
        centers;
          (iii) on the staff of the National Counterterrorism 
        Center; and
          (iv) in other positions in support of the 
        intelligence community management functions of the 
        Director.
  (B) Incentives under subparagraph (A) may include financial 
incentives, bonuses, and such other awards and incentives as 
the Director considers appropriate.
  (2)(A) Notwithstanding any other provision of law, the 
personnel of an element of the intelligence community who are 
assigned or detailed under paragraph (1)(A) to service under 
the Director of National Intelligence shall be promoted at 
rates equivalent to or better than personnel of such element 
who are not so assigned or detailed.
  (B) The Director may prescribe regulations to carry out this 
paragraph.
  (3)(A) The Director of National Intelligence shall prescribe 
mechanisms to facilitate the rotation of personnel of the 
intelligence community through various elements of the 
intelligence community in the course of their careers in order 
to facilitate the widest possible understanding by such 
personnel of the variety of intelligence requirements, methods, 
users, and capabilities.
  (B) The mechanisms prescribed under subparagraph (A) may 
include the following:
          (i) The establishment of special occupational 
        categories involving service, over the course of a 
        career, in more than one element of the intelligence 
        community.
          (ii) The provision of rewards for service in 
        positions undertaking analysis and planning of 
        operations involving two or more elements of the 
        intelligence community.
          (iii) The establishment of requirements for 
        education, training, service, and evaluation for 
        service involving more than one element of the 
        intelligence community.
  (C) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent 
practical, seek to duplicate for civilian personnel within the 
intelligence community the joint officer management policies 
established by chapter 38 of title 10, United States Code, and 
the other amendments made by title IV of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433).
  (D) The mechanisms prescribed under subparagraph (A) and any 
other policies of the Director--
          (i) may not require an employee of an office of 
        inspector general for an element of the intelligence 
        community, including the Office of the Inspector 
        General of the Intelligence Community, to rotate to a 
        position in an office or organization of such an 
        element over which such office of inspector general 
        exercises jurisdiction; and
          (ii) shall be implemented in a manner that exempts 
        employees of an office of inspector general from a 
        rotation that may impact the independence of such 
        office.
  (4)(A) Except as provided in subparagraph (B) and 
subparagraph (D), this subsection shall not apply with respect 
to personnel of the elements of the intelligence community who 
are members of the uniformed services.
  (B) Mechanisms that establish requirements for education and 
training pursuant to paragraph (3)(B)(iii) may apply with 
respect to members of the uniformed services who are assigned 
to an element of the intelligence community funded through the 
National Intelligence Program, but such mechanisms shall not be 
inconsistent with personnel policies and education and training 
requirements otherwise applicable to members of the uniformed 
services.
  (C) The personnel policies and programs developed and 
implemented under this subsection with respect to law 
enforcement officers (as that term is defined in section 
5541(3) of title 5, United States Code) shall not affect the 
ability of law enforcement entities to conduct operations or, 
through the applicable chain of command, to control the 
activities of such law enforcement officers.
  (D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall 
be considered a joint-duty assignment for purposes of the joint 
officer management policies prescribed by chapter 38 of title 
10, United States Code, and other provisions of that title.
  (m) Additional Authority With Respect to Personnel.--(1) In 
addition to the authorities under subsection (f)(3), the 
Director of National Intelligence may exercise with respect to 
the personnel of the Office of the Director of National 
Intelligence any authority of the Director of the Central 
Intelligence Agency with respect to the personnel of the 
Central Intelligence Agency under the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment 
of this subsection to the same extent, and subject to the same 
conditions and limitations, that the Director of the Central 
Intelligence Agency may exercise such authority with respect to 
personnel of the Central Intelligence Agency, including with 
respect to the notification requirement under section 8(c) of 
such Act (50 U.S.C. 3510(c)).
  (2) Employees and applicants for employment of the Office of 
the Director of National Intelligence shall have the same 
rights and protections under the Office of the Director of 
National Intelligence as employees of the Central Intelligence 
Agency have under the Central Intelligence Agency Act of 1949, 
and other applicable provisions of law, as of the date of the 
enactment of this subsection.
  (3) In addition to the authority provided to the Director of 
the Central Intelligence Agency to authorize security personnel 
of the Central Intelligence Agency within, and in certain 
streets, sidewalks, and open areas with respect to, a facility 
or installation operated by the Director of National 
Intelligence under section 15(a) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 3515(a)), the Director of 
National Intelligence may exercise with respect to the security 
personnel of the Office of the Director of National 
Intelligence such authority to the same extent, and subject to 
the same conditions and limitations, that the Director of the 
Central Intelligence Agency may exercise such authority with 
respect to security personnel of the Central Intelligence 
Agency.
  (n) Acquisition and Other Authorities.--(1) In carrying out 
the responsibilities and authorities under this section, the 
Director of National Intelligence may exercise the acquisition 
and appropriations authorities referred to in the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other 
than the authorities referred to in section 8(b) of that Act 
(50 U.S.C. 403j(b)).
  (2) For the purpose of the exercise of any authority referred 
to in paragraph (1), a reference to the head of an agency shall 
be deemed to be a reference to the Director of National 
Intelligence or the Principal Deputy Director of National 
Intelligence.
  (3)(A) Any determination or decision to be made under an 
authority referred to in paragraph (1) by the head of an agency 
may be made with respect to individual purchases and contracts 
or with respect to classes of purchases or contracts, and shall 
be final.
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence or the Principal Deputy Director of 
National Intelligence may, in such official's discretion, 
delegate to any officer or other official of the Office of the 
Director of National Intelligence any authority to make a 
determination or decision as the head of the agency under an 
authority referred to in paragraph (1).
  (C) The limitations and conditions set forth in section 3(d) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403c(d)) shall apply to the exercise by the Director of 
National Intelligence of an authority referred to in paragraph 
(1).
  (D) Each determination or decision required by an authority 
referred to in the second sentence of section 3(d) of the 
Central Intelligence Agency Act of 1949 shall be based upon 
written findings made by the official making such determination 
or decision, which findings shall be final and shall be 
available within the Office of the Director of National 
Intelligence for a period of at least six years following the 
date of such determination or decision.
  (4)(A) In addition to the authority referred to in paragraph 
(1), the Director of National Intelligence may authorize the 
head of an element of the intelligence community to exercise an 
acquisition authority referred to in section 3 or 8(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 
403j(a)) for an acquisition by such element that is more than 
50 percent funded under the National Intelligence Program.
  (B) The head of an element of the intelligence community may 
not exercise an authority referred to in subparagraph (A) 
until--
          (i) the head of such element (without delegation) 
        submits to the Director of National Intelligence a 
        written request that includes--
                  (I) a description of such authority requested 
                to be exercised;
                  (II) an explanation of the need for such 
                authority, including an explanation of the 
                reasons that other authorities are 
                insufficient; and
                  (III) a certification that the mission of 
                such element would be--
                          (aa) impaired if such authority is 
                        not exercised; or
                          (bb) significantly and measurably 
                        enhanced if such authority is 
                        exercised; and
          (ii) the Director of National Intelligence issues a 
        written authorization that includes--
                  (I) a description of the authority referred 
                to in subparagraph (A) that is authorized to be 
                exercised; and
                  (II) a justification to support the exercise 
                of such authority.
  (C) A request and authorization to exercise an authority 
referred to in subparagraph (A) may be made with respect to an 
individual acquisition or with respect to a specific class of 
acquisitions described in the request and authorization 
referred to in subparagraph (B).
  (D)(i) A request from a head of an element of the 
intelligence community located within one of the departments 
described in clause (ii) to exercise an authority referred to 
in subparagraph (A) shall be submitted to the Director of 
National Intelligence in accordance with any procedures 
established by the head of such department.
  (ii) The departments described in this clause are the 
Department of Defense, the Department of Energy, the Department 
of Homeland Security, the Department of Justice, the Department 
of State, and the Department of the Treasury.
  (E)(i) The head of an element of the intelligence community 
may not be authorized to utilize an authority referred to in 
subparagraph (A) for a class of acquisitions for a period of 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize the use of such 
an authority for not more than 6 years.
  (ii) Each authorization to utilize an authority referred to 
in subparagraph (A) may be extended in accordance with the 
requirements of subparagraph (B) for successive periods of not 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize an extension 
period of not more than 6 years.
  (F) Subject to clauses (i) and (ii) of subparagraph (E), the 
Director of National Intelligence may only delegate the 
authority of the Director under subparagraphs (A) through (E) 
to the Principal Deputy Director of National Intelligence or a 
Deputy Director of National Intelligence.
  (G) The Director of National Intelligence shall submit--
          (i) to the congressional intelligence committees a 
        notification of an authorization to exercise an 
        authority referred to in subparagraph (A) or an 
        extension of such authorization that includes the 
        written authorization referred to in subparagraph 
        (B)(ii); and
          (ii) to the Director of the Office of Management and 
        Budget a notification of an authorization to exercise 
        an authority referred to in subparagraph (A) for an 
        acquisition or class of acquisitions that will exceed 
        $50,000,000 annually.
  (H) Requests and authorizations to exercise an authority 
referred to in subparagraph (A) shall remain available within 
the Office of the Director of National Intelligence for a 
period of at least 6 years following the date of such request 
or authorization.
  (I) Nothing in this paragraph may be construed to alter or 
otherwise limit the authority of the Central Intelligence 
Agency to independently exercise an authority under section 3 
or 8(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403c and 403j(a)).
  (5) Any authority provided to the Director of National 
Intelligence or the head of an element of the intelligence 
community pursuant to this subsection to make an expenditure 
referred to in subsection (a) of section 8 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3510) is subject to 
the notification requirement under subsection (c) of such 
section. If the Director of National Intelligence is required 
to make a notification for a specific expenditure pursuant to 
both this paragraph and paragraph (4)(G), the Director may make 
a single notification.
  (6) The Director of National Intelligence, in consultation 
with the heads of the elements of the intelligence community 
and the Director of Science and Technology, shall establish 
policies and procedures relating to the acquisition and use of 
artificial intelligence by the intelligence community, 
including with respect to data, computing, storage, and models 
necessary for the intelligence community to leverage, 
incorporate, adopt, and maintain artificial intelligence 
applications.
  (o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities 
under this section, the Director of National Intelligence shall 
take into account the views of a head of a department 
containing an element of the intelligence community and of the 
Director of the Central Intelligence Agency.
  (p) Certain Responsibilities of Director of National 
Intelligence Relating to National Intelligence Program.--(1) 
Subject to the direction of the President, the Director of 
National Intelligence shall, after consultation with the 
Secretary of Defense, ensure that the National Intelligence 
Program budgets for the elements of the intelligence community 
that are within the Department of Defense are adequate to 
satisfy the national intelligence needs of the Department of 
Defense, including the needs of the Chairman of the Joint 
Chiefs of Staff and the commanders of the unified and specified 
commands, and wherever such elements are performing Government-
wide functions, the needs of other Federal departments and 
agencies.
  (2) Consistent with subsection (c)(5)(C), the Director of 
National Intelligence shall, after consultation with the 
Director of the Federal Bureau of Investigation, ensure that 
the programs and activities of the Federal Bureau of 
Investigation that are part of the National Intelligence 
Program are executed in a manner that conforms with the 
requirements of the national intelligence strategy under 
section 108A of this Act and the National Intelligence 
Priorities Framework of the Office of the Director of National 
Intelligence (or any successor mechanism established for the 
prioritization of such programs and activities).
  (3) Not later than October 1 of each year, the Director of 
National Intelligence shall submit to the congressional 
intelligence committees a copy of the most recently updated 
National Intelligence Priorities Framework of the Office of the 
Director of National Intelligence (or any such successor 
mechanism).
  (q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the 
acquisition of a major system, the Director of National 
Intelligence shall--
          (A) require the development and implementation of a 
        program management plan that includes cost, schedule, 
        security risks, and performance goals and program 
        milestone criteria, except that with respect to 
        Department of Defense programs the Director shall 
        consult with the Secretary of Defense;
          (B) serve as exclusive milestone decision authority, 
        except that with respect to Department of Defense 
        programs the Director shall serve as milestone decision 
        authority jointly with the Secretary of Defense or the 
        designee of the Secretary; and
          (C) periodically--
                  (i) review and assess the progress made 
                toward the achievement of the goals and 
                milestones established in such plan; and
                  (ii) submit to Congress a report on the 
                results of such review and assessment.
  (2) If the Director of National Intelligence and the 
Secretary of Defense are unable to reach an agreement on a 
milestone decision under paragraph (1)(B), the President shall 
resolve the conflict.
  (3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate 
to any other official any authority to perform the 
responsibilities of the Director under this subsection.
  (4) In this subsection:
          (A) The term ``intelligence program'', with respect 
        to the acquisition of a major system, means a program 
        that--
                  (i) is carried out to acquire such major 
                system for an element of the intelligence 
                community; and
                  (ii) is funded in whole out of amounts 
                available for the National Intelligence 
                Program.
          (B) The term ``major system'' has the meaning given 
        such term in section 4(9) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 403(9)).
  (r) Performance of Common Services.--The Director of National 
Intelligence shall, in consultation with the heads of 
departments and agencies of the United States Government 
containing elements within the intelligence community and with 
the Director of the Central Intelligence Agency, coordinate the 
performance by the elements of the intelligence community 
within the National Intelligence Program of such services as 
are of common concern to the intelligence community, which 
services the Director of National Intelligence determines can 
be more efficiently accomplished in a consolidated manner.
  (s) Pay Authority for Critical Positions.--(1) 
Notwithstanding any pay limitation established under any other 
provision of law applicable to employees in elements of the 
intelligence community, the Director of National Intelligence 
may, in coordination with the Director of the Office of 
Personnel Management and the Director of the Office of 
Management and Budget, grant authority to the head of a 
department or agency to fix the rate of basic pay for one or 
more positions within the intelligence community at a rate in 
excess of any applicable limitation, subject to the provisions 
of this subsection. The exercise of authority so granted is at 
the discretion of the head of the department or agency 
employing the individual in a position covered by such 
authority, subject to the provisions of this subsection and any 
conditions established by the Director of National Intelligence 
when granting such authority.
  (2) Authority under this subsection may be granted or 
exercised only--
          (A) with respect to a position that requires an 
        extremely high level of expertise and is critical to 
        successful accomplishment of an important mission; and
          (B) to the extent necessary to recruit or retain an 
        individual exceptionally well qualified for the 
        position.
  (3) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level II of the Executive Schedule under section 
5313 of title 5, United States Code, except upon written 
approval of the Director of National Intelligence or as 
otherwise authorized by law.
  (4) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level I of the Executive Schedule under section 
5312 of title 5, United States Code, except upon written 
approval of the President in response to a request by the 
Director of National Intelligence or as otherwise authorized by 
law.
  (5) Any grant of authority under this subsection for a 
position shall terminate at the discretion of the Director of 
National Intelligence.
  (6)(A) The Director of National Intelligence shall notify the 
congressional intelligence committees not later than 30 days 
after the date on which the Director grants authority to the 
head of a department or agency under this subsection.
  (B) The head of a department or agency to which the Director 
of National Intelligence grants authority under this subsection 
shall notify the congressional intelligence committees and the 
Director of the exercise of such authority not later than 30 
days after the date on which such head exercises such 
authority.
  (t) Award of Rank to Members of the Senior National 
Intelligence Service.--(1) The President, based on the 
recommendation of the Director of National Intelligence, may 
award a rank to a member of the Senior National Intelligence 
Service or other intelligence community senior civilian officer 
not already covered by such a rank award program in the same 
manner in which a career appointee of an agency may be awarded 
a rank under section 4507 of title 5, United States Code.
  (2) The President may establish procedures to award a rank 
under paragraph (1) to a member of the Senior National 
Intelligence Service or a senior civilian officer of the 
intelligence community whose identity as such a member or 
officer is classified information (as defined in section 
606(1)).
  (u) Conflict of Interest Regulations.--The Director of 
National Intelligence, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations 
prohibiting an officer or employee of an element of the 
intelligence community from engaging in outside employment if 
such employment creates a conflict of interest or appearance 
thereof.
  (v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence 
of the head of the covered department concerned and in 
consultation with the Director of the Office of Personnel 
Management, may--
          (A) convert competitive service positions, and the 
        incumbents of such positions, within an element of the 
        intelligence community in such department, to excepted 
        service positions as the Director of National 
        Intelligence determines necessary to carry out the 
        intelligence functions of such element; and
          (B) establish new positions in the excepted service 
        within an element of the intelligence community in such 
        department, if the Director of National Intelligence 
        determines such positions are necessary to carry out 
        the intelligence functions of such element.
  (2) An incumbent occupying a position on the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2012 selected to be converted to the excepted service under 
this section shall have the right to refuse such conversion. 
Once such individual no longer occupies the position, the 
position may be converted to the excepted service.
  (3) A covered department may appoint an individual to a 
position converted or established pursuant to this subsection 
without regard to the civil-service laws, including parts II 
and III of title 5, United States Code.
  (4) In this subsection, the term ``covered department'' means 
the Department of Energy, the Department of Homeland Security, 
the Department of State, or the Department of the Treasury.
  (w) Nuclear Proliferation Assessment Statements Intelligence 
Community Addendum.--The Director of National Intelligence, in 
consultation with the heads of the appropriate elements of the 
intelligence community and the Secretary of State, shall 
provide to the President, the congressional intelligence 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate an addendum to each Nuclear Proliferation Assessment 
Statement accompanying a civilian nuclear cooperation 
agreement, containing a comprehensive analysis of the country's 
export control system with respect to nuclear-related matters, 
including interactions with other countries of proliferation 
concern and the actual or suspected nuclear, dual-use, or 
missile-related transfers to such countries.
  (x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with [the 
head of each department of the Federal Government that contains 
an element of the intelligence community and the Director of 
the Central Intelligence Agency] the heads of the elements of 
the intelligence community, shall--
          (1) ensure that--
                  (A) any contractor to an element of the 
                intelligence community with access to a 
                classified network or classified information 
                develops and operates a security plan that is 
                consistent with standards established by the 
                Director of National Intelligence for 
                intelligence community networks[; and];
                  (B) each contract awarded by an element of 
                the intelligence community includes provisions 
                requiring the contractor comply with such plan 
                and such standards[;]; and
                  (C) each contract awarded by an element of 
                the intelligence community includes provisions 
                granting consent for the network monitoring by 
                the element of any information technology 
                network used to perform work under such 
                contract, regardless of the classification 
                level of such network.
          (2) conduct periodic assessments of each security 
        plan required under paragraph (1)(A) to ensure such 
        security plan complies with the requirements of such 
        paragraph; and
          (3) ensure that the insider threat detection 
        capabilities and insider threat policies of the 
        intelligence community, including the policy under 
        subsection (f)(8), apply to facilities of contractors 
        with access to a classified network.
  (y) Fundraising.--(1) The Director of National Intelligence 
may engage in fundraising in an official capacity for the 
benefit of nonprofit organizations that--
          (A) provide support to surviving family members of a 
        deceased employee of an element of the intelligence 
        community; or
          (B) otherwise provide support for the welfare, 
        education, or recreation of employees of an element of 
        the intelligence community, former employees of an 
        element of the intelligence community, or family 
        members of such employees.
  (2) In this subsection, the term ``fundraising'' means the 
raising of funds through the active participation in the 
promotion, production, or presentation of an event designed to 
raise funds and does not include the direct solicitation of 
money by any other means.
  (3) Not later than 7 days after the date the Director engages 
in fundraising authorized by this subsection or at the time the 
decision is made to participate in such fundraising, the 
Director shall notify the congressional intelligence committees 
of such fundraising.
  (4) The Director, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations to carry 
out the authority provided in this subsection. Such regulations 
shall ensure that such authority is exercised in a manner that 
is consistent with all relevant ethical constraints and 
principles, including the avoidance of any prohibited conflict 
of interest or appearance of impropriety.
  (z) Analyses and Impact Statements Regarding Proposed 
Investment Into the United States.--(1) Not later than 20 days 
after the completion of a review or an investigation of any 
proposed investment into the United States for which the 
Director has prepared analytic materials, the Director shall 
submit to the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the House 
of Representative copies of such analytic materials, including 
any supplements or amendments to such analysis made by the 
Director.
  (2) Not later than 60 days after the completion of 
consideration by the United States Government of any investment 
described in paragraph (1), the Director shall determine 
whether such investment will have an operational impact on the 
intelligence community, and, if so, shall submit a report on 
such impact to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of 
the House of Representatives. Each such report shall--
          (A) describe the operational impact of the investment 
        on the intelligence community; and
          (B) describe any actions that have been or will be 
        taken to mitigate such impact.

SEC. 102B. ADDITIONAL TRANSACTION AUTHORITY.

  (a) In General.--In addition to other acquisition 
authorities, the head of an element of the intelligence 
community may exercise the authorities under subsections (b), 
(c), and (d).
  (b) Cooperative Agreements and Grants.--The head of an 
element of the intelligence community may use cooperative 
agreements and grants, in accordance with chapter 63 of title 
31, United States Code, to carry out basic, applied, and 
advanced research and development, and prototype projects in 
support of intelligence activities.
  (c) Other Transaction Authority.--The head of an element of 
the intelligence community may enter into transactions (other 
than contracts, cooperative agreements, and grants) under the 
authority of this subsection to carry out basic, applied, and 
advanced research projects in support of intelligence 
activities.
  (d) Authority of Elements of the Intelligence Community to 
Carry Out Certain Prototype Projects.--
          (1) Authority.--The head of an element of the 
        intelligence community may, under the authority of 
        subsection (c), enter into a transaction to carry out a 
        prototype project in support of intelligence activities 
        only if each party to the transaction, other than the 
        Federal Government, is a covered contractor.
          (2) Follow-on production contracts or transactions.--
                  (A) In general.--A transaction entered into 
                under this subsection for a prototype project 
                may provide for the award of a follow-on 
                production contract or a follow-on production 
                transaction to the participants in the 
                transaction. A transaction includes all 
                individual prototype subprojects awarded under 
                the transaction to a consortium of United 
                States industry and academic institutions.
                  (B) Follow-on production contracts.--A 
                follow-on production contract provided for in a 
                transaction under subparagraph (A) may be 
                awarded to the participants in the transaction 
                without the use of any competitive procedure 
                that would otherwise apply if the following 
                criteria are satisfied:
                          (i) The authorizing official of the 
                        relevant element of the intelligence 
                        community determines that Government 
                        users of the proposed production 
                        product or production service have been 
                        consulted.
                          (ii) In the case of a proposed 
                        production product that is software, 
                        there are mechanisms in place for 
                        Government users to provide feedback to 
                        participants to the follow-on 
                        production contract.
                          (iii) In the case of a proposed 
                        production product that is software, 
                        the follow-on production contract 
                        includes a requirement that, for the 
                        duration of such contract (or such 
                        other period of time as may be agreed 
                        to as a term of such contract)--
                                  (I) the participants provide 
                                to the head of the relevant 
                                element of the intelligence 
                                community the most up-to-date 
                                version of the production 
                                product that is available in 
                                the commercial marketplace; and
                                  (II) there are mechanisms in 
                                place for the participants to 
                                provide real-time updates to 
                                the production product.
                  (C) Follow-on production transactions.--A 
                follow-on production transaction provided for 
                in a transaction under subparagraph (A) may be 
                awarded to the participants in the transaction 
                without the use of any competitive procedure 
                that would otherwise apply.
  (e) Recovery of Funds.--
          (1) In general.--A cooperative agreement authorized 
        by subsection (a) and a transaction authorized by 
        subsection (c) or (d) may include a clause that 
        requires a person to make payments to the Office of the 
        Director of National Intelligence or any other element 
        of the intelligence community as a condition for 
        receiving support under the agreement or other 
        transaction.
          (2) Accounting for recovered funds.--The amount of 
        any payment received by the Federal Government pursuant 
        to a requirement imposed under paragraph (1) may be 
        credited to the appropriate account for research and 
        development or procurement. Amounts so credited shall 
        be merged with other funds in the account and shall be 
        available for the same purposes and the same period for 
        which other funds in such account are available.
  (f) Education.--The Director of National Intelligence and the 
heads of the elements of the intelligence community shall 
ensure that management, technical, and contracting personnel of 
the elements of the intelligence community who are involved in 
the award or administration of transactions under subsection 
(c) or (d), or alternative acquisition pathways, are afforded 
opportunities for adequate education and training relating to 
such award or administration.
  (g) Agreements Officers.--To ensure adequate availability of 
staff warranted as Agreements Officers, by not later than 
October 1, 2024, at least 50 percent of the contracting staff 
within the intelligence community that hold at least some 
responsibility for buying technology shall have received the 
appropriate training to become warranted as Agreements 
Officers, who are given authority to execute and administer the 
agreements, grants, and transactions authorized by this 
section.
  (h) Delegation Required.--The Director of National 
Intelligence and the heads of the elements of the intelligence 
community shall, to the maximum extent practicable, delegate 
the authority to make a determination or decision referred to 
in this section to the official responsible for technology 
adoption in the relevant element of the intelligence community, 
regardless of whether such official serves in an acquisition 
position.
  (i) Definitions.--In this section:
          (1) Commercial product.--The term ``commercial 
        product'' has the meaning given that term in section 
        103 of title 41, United States Code.
          (2) Commercial service.--The term ``commercial 
        service'' has the meaning given that term in section 
        103a of title 41, United States Code.
          (3) Covered contractor.--The term ``covered 
        contractor'' means a contractor of an element of the 
        intelligence community that is a small- or medium-sized 
        emerging technology company.
          (4) Emerging technology company.--The term ``emerging 
        technology company'' means a company that is in the 
        business of maturing and selling technology that is in 
        a developmental stage, or that may be developed during 
        the 10-year period beginning on January 1, 2022, 
        including with respect to biotechnology, quantum 
        information science, future generation wireless 
        technology, advanced materials, artificial 
        intelligence, nanotechnology, microelectronics, space 
        technology, renewable energy generation and storage, 
        advanced computing, and human-machine interfaces.
          (5) Production product.--The term ``production 
        product'' means any commercial product that is not a 
        prototype or development product and is intended to 
        provide capability to the United States Government at 
        scale as determined by the authorizing official of the 
        relevant element of the intelligence community.
          (6) Production service.--The term ``production 
        service'' means any commercial service that is not a 
        prototype or development service and is intended to 
        provide capability to the United States Government at 
        scale as determined by the authorizing official of the 
        relevant element of the intelligence community.
          (7) Small- or medium-sized emerging technology 
        company.--The term ``small- or medium-sized emerging 
        technology company'' means an emerging technology 
        company with fewer than 1,000 employees.

           *       *       *       *       *       *       *


                   Director of Science and Technology

  Sec. 103E. (a) Director of Science and Technology.--There is 
a Director of Science and Technology within the Office of the 
Director of National Intelligence who shall be appointed by the 
Director of National Intelligence. The Director of Science and 
Technology shall also serve as the Chief Technology Officer of 
the Office of the Director of National Intelligence.
  [(b) Requirement Relating to Appointment.--An individual 
appointed as Director of Science and Technology shall have a 
professional background and experience appropriate for the 
duties of the Director of Science and Technology.]
  (b) Requirement Relating to Appointment.--An individual 
appointed as Director of Science and Technology shall have a 
professional background and experience appropriate for the 
duties of the Director of Science and Technology. In making 
such appointment, the Director of National Intelligence shall 
give preference to an individual with varied professional 
experiences, including experience outside of the United States 
Government.
  (c) Duties.--The Director of Science and Technology shall--
          (1) act as the chief representative of the Director 
        of National Intelligence for science and technology;
          (2) chair the Director of National Intelligence 
        Science and Technology Committee under subsection (d);
          (3) assist the Director in formulating a long-term 
        strategy for scientific advances in the field of 
        intelligence;
          (4) assist the Director on the science and technology 
        elements of the budget of the Office of the Director of 
        National Intelligence; and
          (5) perform other such duties as may be prescribed by 
        the Director of National Intelligence or specified by 
        law.
  (d) Policies.--The Director of Science and Technology shall--
          (1) recommend to the Director of National 
        Intelligence policies and procedures for the 
        intelligence community relating to incorporating 
        artificial intelligence in accordance with section 
        102A(n);
          (2) conduct reviews of the policies and procedures of 
        the intelligence community relating to the adoption and 
        integration of technology into the intelligence 
        community, including with respect to, as appropriate--
                  (A) incentives and policies relating to human 
                resources;
                  (B) incentives and policies relating to 
                acquisition and contracting;
                  (C) incentives and policies relating to 
                financial management and budgeting; and
                  (D) technology standards and policies;
          (3) make recommendations to the Director of National 
        Intelligence with respect to the budgets of the 
        elements of the intelligence community regarding the 
        matters covered by this section, including with respect 
        to reprogramming funds to carry out the intelligence 
        community-wide artificial intelligence mission of the 
        Director of National Intelligence;
          (4) coordinate with the Under Secretary of Defense 
        for Research and Engineering on initiatives, policies, 
        and programs carried out jointly between the 
        intelligence community and the Department of Defense;
          (5) coordinate with the Director of the Office of 
        Science and Technology Policy to promote intelligence 
        community-specific requirements and perspectives within 
        the initiatives of the Office of Science and Technology 
        Policy; and
          (6) for purposes of integrating the priorities and 
        requirements of the intelligence community into a 
        broader national strategy on technology, coordinate 
        with the heads of--
                  (A) the National Institute for Standards and 
                Technology;
                  (B) the National Science Foundation; and
                  (C) any other department or agency of the 
                United States Government, federally funded 
                research and development center, or other 
                entity that the Director of Science and 
                Technology determines appropriate.
  (e) Clarification of role.--The Director of Science and 
Technology may not have operational control over any program 
directly managed by an element of the intelligence community 
other than the Office of the Director of National Intelligence.
  [(d)] (f) Director of National Intelligence Science and 
Technology Committee.--(1) There is within the Office of the 
Director of Science and Technology a Director of National 
Intelligence Science and Technology Committee.
  (2) The Committee shall be composed of the principal science 
officers of the National Intelligence Program.
  (3) The Committee shall--
          (A) coordinate advances in research and development 
        related to intelligence; and
          (B) perform such other functions as the Director of 
        Science and Technology shall prescribe.

           *       *       *       *       *       *       *


SEC. 103K. CHIEF DATA OFFICER.

  (a) Director of Science and Technology.--There is a Chief 
Data Officer within the Office of the Director of National 
Intelligence who shall be appointed by the Director of National 
Intelligence. The Chief Data Officer is the Chief Data Officer 
of the Office of the Director of National Intelligence for 
purposes of section 3520 of title 44, United States Code.
  (b) Requirement Relating to Appointment.--An individual 
appointed as the Chief Data Officer shall have a professional 
background and experience appropriate for the duties of the 
Chief Data Officer. In making such appointment, the Director of 
National Intelligence shall give preference to an individual 
with varied professional experiences, including experience 
outside of the United States Government.
  (c) Duties.--In addition to any other functions and 
responsibilities specified in section 3520 of title 44, United 
States Code, the Chief Data Officer--
          (1) shall recommend to the Director of National 
        Intelligence policies and procedures for the 
        intelligence community regarding the acquisition and 
        use of artificial intelligence with respect to the data 
        needs of the intelligence community in support of 
        adopting emerging technologies, in accordance with 
        section 102A(n) and subject to the approval by the 
        Director of National Intelligence, the Director of 
        Science and Technology, and the Chief Information 
        Officer;
          (2) shall conduct reviews of the policies and 
        procedures of the intelligence community relating to 
        data, including with respect to data curation, data 
        labeling, data acquisition, data security, data 
        interoperability, and data accessibility, except with 
        respect to such policies and procedures established 
        pursuant to a provision of law or executive order 
        relating to the control, use, retention, collection, or 
        dissemination of data;
          (3) shall conduct ongoing reviews of the data 
        policies of the intelligence community, including to 
        ensure that such policies promote interoperability and 
        accessibility with commercial software providers, 
        including by the promotion of open application 
        programming interfaces;
          (4) shall coordinate with the Chief Data Officer of 
        the Department of Defense and other relevant officials 
        of the Department to ensure consistent data policies 
        and, to the extent practicable and advisable, 
        consistent standards and policies that ensure data is 
        accessible between relevant elements of the 
        intelligence community and the Department;
          (5) may make recommendations to the Director of 
        National Intelligence, acting through the Chief 
        Technology Officer, with respect to the budgets of the 
        elements of the intelligence community regarding data, 
        if such recommendations are--
                  (A) consistent with the policies established 
                by the Director; and
                  (B) made in furtherance of accelerating the 
                transition to digital business practices across 
                the intelligence community, including with 
                respect to the acquisition, curation, 
                dissemination, and other data practices 
                necessary to adopt artificial intelligence 
                capabilities and other emerging technologies 
                within the intelligence community; and
          (6) shall perform other such duties as may be 
        prescribed by the Director of National Intelligence, 
        the Director of Science and Technology, or specified by 
        law.
  (d) Identification of Conflicts.--Not later than 60 days 
after the date on which the Chief Data Officer identifies a 
policy of the intelligence community, including with respect to 
policies governing the access to data, that restricts the Chief 
Data Officer from carrying out subsection (c), the Chief Data 
Officer shall notify the Director of National Intelligence and 
the congressional intelligence committees of such policy and 
restriction.

           *       *       *       *       *       *       *


RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE NATIONAL 
                          INTELLIGENCE PROGRAM

  Sec. 105. (a) In General.--Consistent with sections 102 and 
102A, the Secretary of Defense, in consultation with the 
Director of National Intelligence, shall--
          (1) ensure that the budgets of the elements of the 
        intelligence community within the Department of Defense 
        are adequate to satisfy the overall intelligence needs 
        of the Department of Defense, including the needs of 
        the [chairman] Chairman of the Joint Chiefs of Staff 
        and the commanders of the unified and specified 
        commands and, wherever such elements are performing 
        governmentwide functions, the needs of other 
        departments and agencies;
          (2) ensure appropriate implementation of the policies 
        and resource decisions of the Director by elements of 
        the Department of Defense within the National 
        Intelligence Program;
          (3) ensure that the tactical intelligence activities 
        of the Department of Defense complement and are 
        compatible with intelligence activities under the 
        National Intelligence Program;
          (4) ensure that the elements of the intelligence 
        community within the Department of Defense are 
        responsive and timely with respect to satisfying the 
        needs of operational military forces;
          (5) eliminate waste and unnecessary duplication among 
        the intelligence activities of the Department of 
        Defense; and
          (6) ensure that intelligence activities of the 
        Department of Defense are conducted jointly where 
        appropriate.
  (b) Responsibility for the Performance of Specific 
Functions.--Consistent with sections 102 and 102A of this Act, 
the Secretary of Defense shall ensure--
          (1) through the National Security Agency (except as 
        otherwise directed by the President or the National 
        Security Council), the continued operation of an 
        effective unified organization for the conduct of 
        signals intelligence activities and shall ensure that 
        the product is disseminated in a timely manner to 
        authorized recipients;
          (2) through the National Geospatial-Intelligence 
        Agency (except as otherwise directed by the President 
        or the National Security Council), with appropriate 
        representation from the intelligence community, the 
        continued operation of an effective unified 
        organization within the Department of Defense--
                  (A) for carrying out tasking of imagery 
                collection;
                  (B) for the coordination of imagery 
                processing and exploitation activities;
                  (C) for ensuring the dissemination of imagery 
                in a timely manner to authorized recipients; 
                and
                  (D) notwithstanding any other provision of 
                law, for--
                          (i) prescribing technical 
                        architecture and standards related to 
                        imagery intelligence and geospatial 
                        information and ensuring compliance 
                        with such architecture and standards; 
                        and
                          (ii) developing and fielding systems 
                        of common concern related to imagery 
                        intelligence and geospatial 
                        information;
          (3) through the National Reconnaissance Office 
        (except as otherwise directed by the President or the 
        National Security Council), the continued operation of 
        an effective unified organization for the research and 
        development, acquisition, and operation of overhead 
        reconnaissance systems necessary to satisfy the 
        requirements of all elements of the intelligence 
        community;
          (4) through the Defense Intelligence Agency (except 
        as otherwise directed by the President or the National 
        Security Council), the continued operation of an 
        effective unified system within the Department of 
        Defense for the production of timely, objective 
        military and military-related intelligence, based upon 
        all sources available to the intelligence community, 
        and shall ensure the appropriate dissemination of such 
        intelligence to authorized recipients;
          (5) through the Defense Intelligence Agency (except 
        as otherwise directed by the President or the National 
        Security Council), effective management of Department 
        of Defense human intelligence and counterintelligence 
        activities, including defense attaches; and
          (6) that the military departments maintain sufficient 
        capabilities to collect and produce intelligence to 
        meet--
                  (A) the requirements of the Director of 
                National Intelligence;
                  (B) the requirements of the Secretary of 
                Defense or the Chairman of the Joint Chiefs of 
                Staff;
                  (C) the requirements of the unified and 
                specified combatant commands and of joint 
                operations; and
                  (D) the specialized requirements of the 
                military departments for intelligence necessary 
                to support tactical commanders, military 
                planners, the research and development process, 
                the acquisition of military equipment, and 
                training and doctrine.
  (c) Expenditure of Funds by the Defense Intelligence 
Agency.--(1) Subject to paragraphs (2) and (3), the Director of 
the Defense Intelligence Agency may expend amounts made 
available to the Director under the National Intelligence 
Program for human intelligence and counterintelligence 
activities for objects of a confidential, extraordinary, or 
emergency nature, without regard to the provisions of law or 
regulation relating to the expenditure of Government funds.
  (2) The Director of the Defense Intelligence Agency may not 
expend more than five percent of the amounts made available to 
the Director under the National Intelligence Program for human 
intelligence and counterintelligence activities for a fiscal 
year for objects of a confidential, extraordinary, or emergency 
nature in accordance with paragraph (1) during such fiscal year 
unless--
          (A) the Director notifies the congressional 
        intelligence committees, the Committee on Armed 
        Services of the Senate, and the Committee on Armed 
        Services of the House of Representatives of the intent 
        to expend the amounts; and
          (B) 30 days have elapsed from the date on which the 
        Director notifies the congressional intelligence 
        committees, the Committee on Armed Services of the 
        Senate, and the Committee on Armed Services of the 
        House of Representatives in accordance with 
        subparagraph (A).
  (3) For each expenditure referred to in paragraph (1), the 
Director shall certify that such expenditure was made for an 
object of a confidential, extraordinary, or emergency nature.
  (4) Not later than December 31 of each year, the Director of 
the Defense Intelligence Agency shall submit to the 
congressional intelligence committees, the Committee on Armed 
Services of the Senate, and the Committee on Armed Services of 
the House of Representatives a report on any expenditures made 
during the preceding fiscal year in accordance with paragraph 
(1).
  (d) Use of Elements of Department of Defense.--The Secretary 
of Defense, in carrying out the functions described in this 
section, may use such elements of the Department of Defense as 
may be appropriate for the execution of those functions, in 
addition to, or in lieu of, the elements identified in this 
section.

           *       *       *       *       *       *       *


SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY, ENGINEERING, 
                    OR MATHEMATICS POSITIONS.

  (a) Special Rates of Pay for Positions Requiring Expertise in 
Science, Technology, Engineering, or Mathematics.--
          (1) In general.--Notwithstanding part III of title 5, 
        United States Code, the head of each element of the 
        intelligence community may, for one or more categories 
        of positions in such element that require expertise in 
        science, technology, engineering, or mathematics--
                  (A) establish higher minimum rates of pay; 
                and
                  (B) make corresponding increases in all rates 
                of pay of the pay range for each grade or 
                level, subject to subsection (b) or (c), as 
                applicable.
          (2) Treatment.--The special rate supplements 
        resulting from the establishment of higher rates under 
        paragraph (1) shall be basic pay for the same or 
        similar purposes as those specified in section 5305(j) 
        of title 5, United States Code.
  (b) Special Rates of Pay for Cyber Positions.--
          (1) In general.--Notwithstanding subsection (c), the 
        Director of the National Security Agency may establish 
        a special rate of pay--
                  (A) not to exceed the rate of basic pay 
                payable for level II of the Executive Schedule 
                under section 5313 of title 5, United States 
                Code, if the Director certifies to the [Under 
                Secretary of Defense for Intelligence] Under 
                Secretary of Defense for Intelligence and 
                Security, in consultation with the Under 
                Secretary of Defense for Personnel and 
                Readiness, that the rate of pay is for 
                positions that perform functions that execute 
                the cyber mission of the Agency; or
                  (B) not to exceed the rate of basic pay 
                payable for the Vice President of the United 
                States under section 104 of title 3, United 
                States Code, if the Director certifies to the 
                Secretary of Defense, by name, individuals that 
                have advanced skills and competencies and that 
                perform critical functions that execute the 
                cyber mission of the Agency.
          (2) Pay limitation.--Employees receiving a special 
        rate under paragraph (1) shall be subject to an 
        aggregate pay limitation that parallels the limitation 
        established in section 5307 of title 5, United States 
        Code, except that--
                  (A) any allowance, differential, bonus, 
                award, or other similar cash payment in 
                addition to basic pay that is authorized under 
                title 10, United States Code, (or any other 
                applicable law in addition to title 5 of such 
                Code, excluding the Fair Labor Standards Act of 
                1938 (29 U.S.C. 201 et seq.)) shall also be 
                counted as part of aggregate compensation; and
                  (B) aggregate compensation may not exceed the 
                rate established for the Vice President of the 
                United States under section 104 of title 3, 
                United States Code.
          (3) Limitation on number of recipients.--The number 
        of individuals who receive basic pay established under 
        paragraph (1)(B) may not exceed 100 at any time.
          (4) Limitation on use as comparative reference.--
        Notwithstanding any other provision of law, special 
        rates of pay and the limitation established under 
        paragraph (1)(B) may not be used as comparative 
        references for the purpose of fixing the rates of basic 
        pay or maximum pay limitations of qualified positions 
        under section 1599f of title 10, United States Code, or 
        [section 226 of the Homeland Security Act of 2002 (6 
        U.S.C. 147)] section 2208 of the Homeland Security Act 
        of 2002 (6 U.S.C. 658).
  (c) Maximum Special Rate of Pay.--Except as provided in 
subsection (b), a minimum rate of pay established for a 
category of positions under subsection (a) may not exceed the 
maximum rate of basic pay (excluding any locality-based 
comparability payment under section 5304 of title 5, United 
States Code, or similar provision of law) for the position in 
that category of positions without the authority of subsection 
(a) by more than 30 percent, and no rate may be established 
under this section in excess of the rate of basic pay payable 
for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.
  (d) Notification of Removal From Special Rate of Pay.--If the 
head of an element of the intelligence community removes a 
category of positions from coverage under a rate of pay 
authorized by subsection (a) or (b) after that rate of pay 
takes effect--
          (1) the head of such element shall provide notice of 
        the loss of coverage of the special rate of pay to each 
        individual in such category; and
          (2) the loss of coverage will take effect on the 
        first day of the first pay period after the date of the 
        notice.
  (e) Revision of Special Rates of Pay.--Subject to the 
limitations in this section, rates of pay established under 
this section by the head of the element of the intelligence 
community may be revised from time to time by the head of such 
element and the revisions have the force and effect of statute.
  (f) Regulations.--The head of each element of the 
intelligence community shall promulgate regulations to carry 
out this section with respect to such element, which shall, to 
the extent practicable, be comparable to the regulations 
promulgated to carry out section 5305 of title 5, United States 
Code.
  (g) Reports.--
          (1) Requirement for reports.--Not later than 90 days 
        after the date of the enactment of the Damon Paul 
        Nelson and Matthew Young Pollard Intelligence 
        Authorization Act for Fiscal Years 2018 and 2019, the 
        head of each element of the intelligence community 
        shall submit to the congressional intelligence 
        committees a report on any rates of pay established for 
        such element under this section.
          (2) Contents.--Each report required by paragraph (1) 
        shall contain for each element of the intelligence 
        community--
                  (A) a description of any rates of pay 
                established under subsection (a) or (b); and
                  (B) the number of positions in such element 
                that will be subject to such rates of pay.

           *       *       *       *       *       *       *


      annual report on financial intelligence on terrorist assets

  Sec. 118. (a) Annual Report.--On [a annual] an annual basis, 
the Secretary of the Treasury (acting through the head of the 
Office of Intelligence Support) shall submit a report to the 
appropriate congressional committees that fully informs the 
committees concerning operations against terrorist financial 
networks. Each such report shall include with respect to the 
preceding one-year period--
          (1) the total number of asset seizures, designations, 
        and other actions against individuals or entities found 
        to have engaged in financial support of terrorism;
          (2) the total number of physical searches of offices, 
        residences, or financial records of individuals or 
        entities suspected of having engaged in financial 
        support for terrorist activity; and
          (3) whether the financial intelligence information 
        seized in these cases has been shared on a full and 
        timely basis with the all departments, agencies, and 
        other entities of the United States Government involved 
        in intelligence activities participating in the Foreign 
        Terrorist Asset Tracking Center.
  (b) Immediate Notification for Emergency Designation.--In the 
case of a designation of an individual or entity, or the assets 
of an individual or entity, as having been found to have 
engaged in terrorist activities, the Secretary of the Treasury 
shall report such designation within 24 hours of such a 
designation to the appropriate congressional committees.
  (c) Submittal Date of Reports to Congressional Intelligence 
Committees.--In the case of the reports required to be 
submitted under subsection (a) to the congressional 
intelligence committees, the submittal dates for such reports 
shall be as provided in section 507.
  (d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means the following:
          (1) The Permanent Select Committee on Intelligence, 
        the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Financial Services of 
        the House of Representatives.
          (2) The Select Committee on Intelligence, the 
        Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate.

           *       *       *       *       *       *       *


                        TITLE III--MISCELLANEOUS


             national security agency voluntary separation

  Sec. 301. (a) Short Title.--This section may be cited as the 
``National Security Agency Voluntary Separation Act''.
  (b) Definitions.--For purposes of this section--
          (1) the term ``Director'' means the Director of the 
        National Security Agency; and
          (2) the term ``employee'' means an employee of the 
        National Security Agency, serving under an appointment 
        without time limitation, who has been currently 
        employed by the National Security Agency for a 
        continuous period of at least 12 months prior to the 
        effective date of the program established under 
        subsection (c), except that such term does not 
        include--
                  (A) a reemployed annuitant under subchapter 
                III of chapter 83 or chapter 84 of title 5, 
                United States Code, or another retirement 
                system for employees of the Government; or
                  (B) an employee having a disability on the 
                basis of which such employee is or would be 
                eligible for disability retirement under any of 
                the retirement systems referred to in 
                subparagraph (A).
  (c) Establishment of Program.--Notwithstanding any other 
provision of law, the Director, in his sole discretion, may 
establish a program under which employees may, after October 1, 
2000, be eligible for early retirement, offered separation pay 
to separate from service voluntarily, or both.
  (d) Early Retirement.--An employee who--
          (1) is at least 50 years of age and has completed 20 
        years of service; or
          (2) has at least 25 years of service,
may, pursuant to regulations promulgated under this section, 
apply and be retired from the National Security Agency and 
receive benefits in accordance with chapter 83 or 84 of title 
5, United States Code, if the employee has not less than 10 
years of service with the National Security Agency.
  (e) Amount of Separation Pay and Treatment for Other 
Purposes.--
          (1) Amount.--Separation pay shall be paid in a lump 
        sum and shall be equal to the lesser of--
                  (A) an amount equal to the amount the 
                employee would be entitled to receive under 
                section 5595(c) of title 5, United States Code, 
                if the employee were entitled to payment under 
                such section; or
                  (B) $25,000.
          (2) Treatment.--Separation pay shall not--
                  (A) be a basis for payment, and shall not be 
                included in the computation, of any other type 
                of Government benefit; and
                  (B) be taken into account for the purpose of 
                determining the amount of any severance pay to 
                which an individual may be entitled under 
                section 5595 of title 5, United States Code, 
                based on any other separation.
  (f) Reemployment Restrictions.--An employee who receives 
separation pay under such program may not be reemployed by the 
National Security Agency for the 12-month period beginning on 
the effective date of the employee's separation. An employee 
who receives separation pay under this section on the basis of 
a separation occurring on or after the date of the enactment of 
the Federal Workforce Restructuring Act of 1994 (Public Law 
103-236; 108 Stat. 111) and accepts employment with the 
Government of the United States within 5 years after the date 
of the separation on which payment of the separation pay is 
based shall be required to repay the entire amount of the 
separation pay to the National Security Agency. If the 
employment is with an Executive agency (as defined by section 
105 of title 5, United States Code), the Director of the Office 
of Personnel Management may, at the request of the head of the 
agency, waive the repayment if the individual involved 
possesses unique abilities and is the only qualified applicant 
available for the position. If the employment is with an entity 
in the legislative branch, the head of the entity or the 
appointing official may waive the repayment if the individual 
involved possesses unique abilities and is the only qualified 
applicant available for the position. If the employment is with 
the judicial branch, the Director of the Administrative Office 
of the United States Courts may waive the repayment if the 
individual involved possesses unique abilities and is the only 
qualified applicant available for the position.
  (g) Bar on Certain Employment.--
          (1) Bar.--An employee may not be separated from 
        service under this section unless the employee agrees 
        that the employee will not--
                  (A) act as agent or attorney for, or 
                otherwise represent, any other person (except 
                the United States) in any formal or informal 
                appearance before, or, with the intent to 
                influence, make any oral or written 
                communication on behalf of any other person 
                (except the United States) to the National 
                Security Agency; or
                  (B) participate in any manner in the award, 
                modification, or extension of any contract for 
                property or services with the National Security 
                Agency,
        during the 12-month period beginning on the effective 
        date of the employee's separation from service.
          (2) Penalty.--An employee who violates an agreement 
        under this subsection shall be liable to the United 
        States in the amount of the separation pay paid to the 
        employee pursuant to this section multiplied by the 
        proportion of the 12-month period during which the 
        employee was in violation of the agreement.
  (h) Limitations.--Under this program, early retirement and 
separation pay may be offered only--
          (1) with the prior approval of the Director;
          (2) for the period specified by the Director; and
          (3) to employees within such occupational groups or 
        geographic locations, or subject to such other similar 
        limitations or conditions, as the Director may require.
  (i) Regulations.--Before an employee may be eligible for 
early retirement, separation pay, or both, under this section, 
the Director shall prescribe such regulations as may be 
necessary to carry out this section.
  (j) Notification of Exercise of Authority.--The Director may 
not make an offer of early retirement, separation pay, or both, 
pursuant to this section until 15 days after submitting to the 
congressional intelligence committees a report describing the 
occupational groups or geographic locations, or other similar 
limitations or conditions, required by the Director under 
subsection (h), [and includes] and including the proposed 
regulations issued pursuant to subsection (i).
  (k) Remittance of Funds.--In addition to any other payment 
that is required to be made under subchapter III of chapter 83 
or chapter 84 of title 5, United States Code, the National 
Security Agency shall remit to the Office of Personnel 
Management for deposit in the Treasury of the United States to 
the credit of the Civil Service Retirement and Disability Fund, 
an amount equal to 15 percent of the final basic pay of each 
employee to whom a voluntary separation payment has been or is 
to be paid under this section. The remittance required by this 
subsection shall be in lieu of any remittance required by 
section 4(a) of the Federal Workforce Restructuring Act of 1994 
(5 U.S.C. 8331 note).

           *       *       *       *       *       *       *


TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *



                       future budget projections

  Sec. 506G. (a) Future Year Intelligence Plans.--(1) The 
Director of National Intelligence, with the concurrence of the 
Director of the Office of Management and Budget, shall provide 
to the congressional intelligence committees a Future Year 
Intelligence Plan, as described in paragraph (2), for--
          (A) each expenditure center in the National 
        Intelligence Program; and
          (B) each major system in the National Intelligence 
        Program.
  (2)(A) A Future Year Intelligence Plan submitted under this 
subsection shall include the year-by-year proposed funding for 
each center or system referred to in subparagraph (A) or (B) of 
paragraph (1), for the budget year for which the Plan is 
submitted and not less than the 4 subsequent fiscal years.
  (B) A Future Year Intelligence Plan submitted under 
subparagraph (B) of paragraph (1) for a major system shall 
include--
          (i) the estimated total life-cycle cost of such major 
        system; and
          (ii) major milestones that have significant resource 
        implications for such major system.
  (b) Long-term Budget Projections.--(1) The Director of 
National Intelligence, with the concurrence of the Director of 
the Office of Management and Budget, shall provide to the 
congressional intelligence committees a Long-term Budget 
Projection for each element of the intelligence community 
funded under the National Intelligence Program acquiring a 
major system that includes the budget for such element for the 
5-year period that begins on the day after the end of the last 
fiscal year for which year-by-year proposed funding is included 
in a Future Year Intelligence Plan for such major system in 
accordance with subsection (a)(2)(A).
  (2) A Long-term Budget Projection submitted under paragraph 
(1) shall include--
          (A) projections for the appropriate element of the 
        intelligence community for--
                  (i) pay and benefits of officers and 
                employees of such element;
                  (ii) other operating and support costs and 
                minor acquisitions of such element;
                  (iii) research and technology required by 
                such element;
                  (iv) current and planned major system 
                acquisitions for such element;
                  (v) any future major system acquisitions for 
                such element; and
                  (vi) any additional funding projections that 
                the Director of National Intelligence considers 
                appropriate;
          (B) a budget projection based on effective cost and 
        schedule execution of current or planned major system 
        acquisitions and application of Office of Management 
        and Budget inflation estimates to future major system 
        acquisitions;
          (C) any additional assumptions and projections that 
        the Director of National Intelligence considers 
        appropriate; and
          (D) a description of whether, and to what extent, the 
        total projection for each year exceeds the level that 
        would result from applying the most recent Office of 
        Management and Budget inflation estimate to the budget 
        of that element of the intelligence community.
  (c) Submission to Congress.--The Director of National 
Intelligence, with the concurrence of the Director of the 
Office of Management and Budget, shall submit to the 
congressional intelligence committees each Future Year 
Intelligence Plan or Long-term Budget Projection required under 
subsection (a) or (b) for a fiscal year at the time that the 
President submits to Congress the budget for such fiscal year 
[pursuant section] pursuant to section 1105 of title 31, United 
States Code.
  (d) Major System Affordability Report.--(1) The Director of 
National Intelligence, with the concurrence of the Director of 
the Office of Management and Budget, shall prepare a report on 
the acquisition of a major system funded under the National 
Intelligence Program before the time that the President submits 
to Congress the budget for the first fiscal year in which 
appropriated funds are anticipated to be obligated for the 
development or procurement of such major system.
  (2) The report on such major system shall include an 
assessment of whether, and to what extent, such acquisition, if 
developed, procured, and operated, is projected to cause an 
increase in the most recent Future Year Intelligence Plan and 
Long-term Budget Projection submitted under section 506G for an 
element of the intelligence community.
  (3) The Director of National Intelligence shall update the 
report whenever an independent cost estimate must be updated 
pursuant to section 506A(a)(4).
  (4) The Director of National Intelligence shall submit each 
report required by this subsection at the time that the 
President submits to Congress the budget for a fiscal year 
pursuant to section 1105 of title 31, United States Code.
  (e) Definitions.--In this section:
          (1) Budget year.--The term ``budget year'' means the 
        next fiscal year for which the President is required to 
        submit to Congress a budget pursuant to section 1105 of 
        title 31, United States Code.
          (2) Independent cost estimate; major system.--The 
        terms ``independent cost estimate'' and ``major 
        system'' have the meaning given those terms in section 
        506A(e).

           *       *       *       *       *       *       *


SEC. 506J. CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.

  (a) Timely Submission.--At the same time as the President 
submits to Congress the budget for each fiscal year, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees the classified 
intelligence budget justification materials for the element for 
that budget.
  (b) Definitions.--In this section:
          (1) The term ``budget'' has the meaning given the 
        term ``budget of the President'' in section 506A.
          (2) The term ``classified intelligence budget 
        justification materials'' means, with respect to a 
        fiscal year, the materials submitted to Congress by the 
        Director of National Intelligence in support of the 
        budget for that fiscal year that are classified or 
        otherwise protected from public disclosure.

           *       *       *       *       *       *       *


  dates for submittal of various annual and semiannual reports to the 
                 congressional intelligence committees

  Sec. 507. (a) Annual Reports.--The date for the submittal to 
the congressional intelligence committees of the following 
annual reports shall be the date each year provided in 
subsection (c)(1):
          (1) The annual report of the Inspectors [Generals] 
        General of the intelligence community on proposed 
        resources and activities of their offices required by 
        section 8H(g) of the Inspector General Act of 1978.
          (2) The annual report on certifications for immunity 
        in interdiction of aircraft engaged in illicit drug 
        trafficking required by section 1012(c)(2) of the 
        National Defense Authorization Act for Fiscal Year 1995 
        (22 U.S.C. 2291-4(c)(2)).
          (3) The annual report on activities under the David 
        L. Boren National Security Education Act of 1991 (title 
        VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.) 
        required by section 806(a) of that Act (50 U.S.C. 
        1906(a)).
          (4) The annual report on hiring and retention of 
        minority employees in the intelligence community 
        required by section 114(a).
          (5) The annual report on financial intelligence on 
        terrorist assets required by section 118.
          (6) An annual report submitted under section 
        119C(d)(1).
  (b) Semiannual Reports.--The dates for the submittal to the 
congressional intelligence committees of the following 
semiannual reports shall be the dates each year provided in 
subsection (c)(2):
          (1) The semiannual reports on decisions not to 
        prosecute certain violations of law under the 
        Classified Information Procedures Act (18 U.S.C. App.) 
        as required by section 13 of that Act.
          (2) The semiannual reports on the disclosure of 
        information and consumer reports to the Federal Bureau 
        of Investigation for counterintelligence purposes 
        required by section 624(h)(2) of the Fair Credit 
        Reporting Act (15 U.S.C. 1681u(h)(2)).
          (3) The semiannual provision of information on 
        requests for financial information for foreign 
        counterintelligence purposes required by section 
        1114(a)(5)(C) of the Right to Financial Privacy Act of 
        1978 (12 U.S.C. 3414(a)(5)(C)).
  (c) Submittal Dates for Reports.--(1) Except as provided in 
subsection (d), each annual report listed in subsection (a) 
shall be submitted not later than February 1.
  (2) Except as provided in subsection (d), each semiannual 
report listed in subsection (b) shall be submitted not later 
than February 1 and August 1.
  (d) Postponement of Submittal.--(1) Subject to paragraph (3), 
the date for the submittal of--
          (A) an annual report listed in subsection (a) may be 
        postponed until March 1; and
          (B) a semiannual report listed in subsection (b) may 
        be postponed until March 1 or September 1, as the case 
        may be,
if the official required to submit such report submits to the 
congressional intelligence committees a written notification of 
such postponement.
  (2)(A) Notwithstanding any other provision of law and subject 
to paragraph (3), the date for the submittal to the 
congressional intelligence committees of any report described 
in subparagraph (B) may be postponed by not more than 30 days 
from the date otherwise specified in the provision of law for 
the submittal of such report if the official required to submit 
such report submits to the congressional intelligence 
committees a written notification of such postponement.
  (B) A report described in this subparagraph is any report on 
intelligence or intelligence-related activities of the United 
States Government that is submitted under a provision of law 
requiring the submittal of only a single report.
  (3)(A) The date for the submittal of a report whose submittal 
is postponed under paragraph (1) or (2) may be postponed beyond 
the time provided for the submittal of such report under such 
paragraph if the official required to submit such report 
submits to the congressional intelligence committees a written 
certification that preparation and submittal of such report at 
such time will impede the work of officers or employees of the 
intelligence community in a manner that will be detrimental to 
the national security of the United States.
  (B) A certification with respect to a report under 
subparagraph (A) shall include a proposed submittal date for 
such report, and such report shall be submitted not later than 
that date.

           *       *       *       *       *       *       *


SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY: ANNUAL 
                    REPORT.

  (a) Annual Report.--Not later than 10 days after the date on 
which the budget of the President for a fiscal year is 
submitted to Congress pursuant to section 1105 of title 31, 
United States Code, the head of each element of the 
intelligence community shall submit to the Director of National 
Intelligence and to the congressional intelligence committees a 
report on the unfunded priorities of the programs under the 
jurisdiction of such head.
  (b) Elements.--
          (1) In general.--Each report under subsection (a) 
        shall specify, for each unfunded priority covered by 
        such report, the following:
                  (A) A summary description of such priority, 
                including the objectives to be achieved if such 
                priority is funded (whether in whole or in 
                part).
                  (B) Whether such priority will satisfy a 
                covert action or support collection against 
                requirements identified in the National 
                Intelligence Priorities Framework of the Office 
                of the Director of National Intelligence (or 
                any successor mechanism established for the 
                prioritization of programs and activities), 
                including a description of such requirements 
                and the related prioritization level.
                  (C) The additional amount of funds 
                recommended in connection with the objectives 
                under subparagraph (A).
                  (D) Budget information with respect to the 
                unfunded priority, including--
                          (i) the appropriation account;
                          (ii) the expenditure center; and
                          (iii) the project and, if applicable, 
                        subproject.
          (2) Prioritization of priorities.--Each report shall 
        present the unfunded priorities covered by such report 
        in overall order of urgency of priority among unfunded 
        priorities.
  (c) Unfunded Priority Defined.--In this section, the term 
``unfunded priority'', in the case of a fiscal year, means a 
program, activity, or mission requirement of an element of the 
intelligence community that--
          (1) is not funded in the budget of the President for 
        the fiscal year as submitted to Congress pursuant to 
        section 1105 of title 31, United States Code;
          (2) is necessary to fulfill a covert action or to 
        satisfy an information requirement associated with the 
        collection, analysis, or dissemination of intelligence 
        that has been documented within the National 
        Intelligence Priorities Framework; and
          (3) would have been recommended for funding by the 
        head of the element of the intelligence community if--
                  (A) additional resources had been available 
                for the budget to fund the program, activity, 
                or mission requirement; or
                  (B) the program, activity, or mission 
                requirement has emerged since the budget was 
                formulated.

SEC. 515. SUBMISSION OF CLASSIFIED ANNEXES TO EXECUTIVE ORDERS AND 
                    OTHER DOCUMENTS.

  (a) Requirement.--Not later than 7 days after the date on 
which the President issues or amends a covered document, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees any classified annex 
accompanying that document if such annex contains a reference 
to any element of the intelligence community.
  (b) Covered Document Defined.--In this section, the term 
``covered document'' means any executive order, memorandum, or 
policy directive issued by the President, including national 
security Presidential memoranda and Presidential policy 
directives, or such successor memoranda and directives.

           *       *       *       *       *       *       *


TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

           *       *       *       *       *       *       *



Subtitle C--Additional Education Provisions

           *       *       *       *       *       *       *



                  [program on recruitment and training

  [Sec. 1022. (a) Program.--(1) The Director of National 
Intelligence shall carry out a program to ensure that selected 
students or former students are provided funds to continue 
academic training, or are reimbursed for academic training 
previously obtained, in areas of specialization that the 
Director, in consultation with the other heads of the elements 
of the intelligence community, identifies as areas in which the 
current capabilities of the intelligence community are 
deficient or in which future capabilities of the intelligence 
community are likely to be deficient.
  [(2) A student or former student selected for participation 
in the program shall commit to employment with an element of 
the intelligence community, following completion of appropriate 
academic training, under such terms and conditions as the 
Director considers appropriate.
  [(3) The program shall be known as the Pat Roberts 
Intelligence Scholars Program.
  [(b) Elements.--In carrying out the program under subsection 
(a), the Director shall--
          [(1) establish such requirements relating to the 
        academic training of participants as the Director 
        considers appropriate to ensure that participants are 
        prepared for employment as intelligence professionals; 
        and
          [(2) periodically review the areas of specialization 
        of the elements of the intelligence community to 
        determine the areas in which such elements are, or are 
        likely to be, deficient in capabilities.
  [(c) Use of Funds.--Funds made available for the program 
under subsection (a) shall be used--
          [(1) to provide a monthly stipend for each month that 
        a student is pursuing a course of study;
          [(2) to pay the full tuition of a student or former 
        student for the completion of such course of study;
          [(3) to pay for books and materials that the student 
        or former student requires or required to complete such 
        course of study;
          [(4) to pay the expenses of the student or former 
        student for travel requested by an element of the 
        intelligence community in relation to such program; or
          [(5) for such other purposes the Director considers 
        reasonably appropriate to carry out such program.]

SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING.

  (a) Program.--
          (1) Requirement.--The Director of National 
        Intelligence, in consultation with the heads of the 
        elements of the intelligence community, shall carry out 
        a program to ensure that selected individuals are 
        provided funds for academic training (including with 
        respect to both undergraduate and postgraduate 
        education), or to reimburse for academic training 
        previously obtained--
                  (A) in capabilities, missions, or skillsets, 
                especially in the fields of science, 
                technology, mathematics, and engineering, to 
                address workforce requirements in which the 
                intelligence community is deficient or likely 
                to be deficient in the future; or
                  (B) for such individuals who have backgrounds 
                or experiences that the Director has identified 
                as being underrepresented in the intelligence 
                community or likely to be underrepresented in 
                the future.
          (2) Commitment.--An individual selected for 
        participation in the program shall commit to employment 
        with an element of the intelligence community for a 
        period that the Director determines is commensurate 
        with the amount of funding provided to the individual 
        under the program and under such terms and conditions 
        as the Director considers appropriate.
          (3) Designation.--The program shall be known as the 
        Pat Roberts Intelligence Scholars Program.
          (4) Outreach.--The Director, in consultation with the 
        heads of the elements of the intelligence community, 
        shall maintain a publicly available internet website on 
        the program that describes--
                  (A) the intent of the program;
                  (B) the conditions and requirements for 
                selection and participation;
                  (C) application instructions;
                  (D) the areas covered by the program pursuant 
                to the review conducted under subsection 
                (b)(2); and
                  (E) any other details the Director determines 
                appropriate.
  (b) Elements.--In carrying out the program under subsection 
(a), the Director shall--
          (1) establish such requirements relating to the 
        academic training of participants as the Director 
        considers appropriate to ensure that participants are 
        prepared for employment as intelligence professionals; 
        and
          (2) on an annual basis, review the areas that will 
        contribute to the capabilities, missions, and skillsets 
        in which the intelligence community is deficient or is 
        likely to be deficient in the future.
  (c) Use of Funds.--Funds made available for the program under 
subsection (a) shall be used--
          (1) to provide a monthly stipend for each month that 
        a participant is pursuing a course of study;
          (2) to pay the partial or full tuition or other 
        appropriate education expenses of a participant for the 
        completion of such course of study;
          (3) to reimburse a participant for tuition or other 
        appropriate education expenses paid by the participant 
        before becoming an employee of an element of the 
        intelligence community, including with respect to 
        providing payments for student loans used for such 
        tuition and expenses;
          (4) to pay for books and materials that the 
        participant requires or required to complete such 
        course of study;
          (5) to pay the expenses of the participant for travel 
        requested by an element of the intelligence community 
        in relation to such program; or
          (6) for such other purposes the Director considers 
        reasonably appropriate to carry out such program.

           *       *       *       *       *       *       *


                 intelligence officer training program

  Sec. 1024. (a) Programs.--(1) The Director of National 
Intelligence may carry out grant programs in accordance with 
subsections (b) and (c) to enhance the recruitment and 
retention of an ethnically and culturally diverse intelligence 
community workforce with capabilities critical to the national 
security interests of the United States.
  (2) In carrying out paragraph (1), the Director shall 
identify the skills necessary to meet current or emergent needs 
of the intelligence community and the educational disciplines 
that will provide individuals with such skills.
  (b) Institutional Grant Program.--(1) The Director may 
provide grants to institutions of higher education to support 
the establishment or continued development of programs of study 
in educational disciplines identified under subsection (a)(2).
  (2) A grant provided under paragraph (1) may, with respect to 
the educational disciplines identified under subsection (a)(2), 
be used for the following purposes:
          (A) Curriculum or program development.
          (B) Faculty development.
          (C) Laboratory equipment or improvements.
          (D) Faculty research.
  (c) Grant Program for Certain Minority-Serving Colleges and 
Universities.--(1) The Director may provide grants to 
historically black colleges and universities, Predominantly 
Black Institutions, Hispanic-serving institutions, and Asian 
American and Native American Pacific Islander-serving 
institutions to provide programs of study in educational 
disciplines identified under subsection (a)(2) or described in 
paragraph (2).
  (2) A grant provided under paragraph (1) may be used to 
provide programs of study in the following educational 
disciplines:
          (A) Intermediate and advanced foreign languages 
        deemed in the immediate interest of the intelligence 
        community, including Farsi, Pashto, Middle Eastern, 
        African, and South Asian dialects.
          (B) Study abroad programs and cultural immersion 
        programs.
  (d) Application.--An institution of higher education seeking 
a grant under this section shall submit an application 
describing the proposed use of the grant at such time and in 
such manner as the Director may require.
  (e) Reports.--An institution of higher education that 
receives a grant under this section shall submit to the 
Director regular reports regarding the use of such grant, 
including--
          (1) a description of the benefits to students who 
        participate in the course of study funded by such 
        grant;
          (2) a description of the results and accomplishments 
        related to such course of study; and
          (3) any other information that the Director may 
        require.
  (f) Regulations.--The Director shall prescribe such 
regulations as may be necessary to carry out this section.
  (g) Definitions.--In this section:
          (1) The term ``Director'' means the Director of 
        National Intelligence.
          (2) Historically black college and university.--The 
        term ``historically black college and university'' has 
        the meaning given the term ``part B institution'' in 
        section 322 of the Higher Education Act of 1965 (20 
        U.S.C. 1061).
          (3) The term ``institution of higher education'' has 
        the meaning given the term in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001).
          (4) Predominantly black institution.--The term 
        ``Predominantly Black Institution'' has the meaning 
        given the term in section 318 of the Higher education 
        Act of 1965 (20 U.S.C. 1059e).
          (5) Hispanic-serving institution.--The term 
        ``Hispanic-serving institution'' has the meaning given 
        that term in section 502(a)(5) of the Higher Education 
        Act of 1965 (20 U.S.C. 1101a(a)(5)).
          (6) Asian american and native american pacific 
        islander-serving institution.--The term ``Asian 
        American and Native American Pacific Islander-serving 
        institution'' has the meaning given that term in 
        section 320(b)(2) of the Higher Education Act of 1965 
        (20 U.S.C. 1059g(b)(2)).
          (7) Study abroad program.--The term ``study abroad 
        program'' means a program of study that--
                  (A) takes [places] place outside the 
                geographical boundaries of the United States;
                  (B) focuses on areas of the world that are 
                critical to the national security interests of 
                the United States and are generally 
                underrepresented in study abroad programs at 
                institutions of higher education, including 
                Africa, Asia, Central and Eastern Europe, 
                Eurasia, Latin America, and the Middle East; 
                and
                  (C) is a credit or noncredit program.

           *       *       *       *       *       *       *


TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *



SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM 
                    PROLIFERATION AND USE OF FOREIGN COMMERCIAL 
                    SPYWARE.

  (a) Annual Assessments of Counterintelligence Threats.--
          (1) Requirement.--Not later than March 1, 2023, and 
        annually thereafter, the Director of National 
        Intelligence, in coordination with the Director of the 
        Central Intelligence Agency, the Director of the 
        National Security Agency, and the Director of the 
        Federal Bureau of Investigation, shall submit to the 
        congressional intelligence committees a report 
        containing an assessment of the counterintelligence 
        threats and other risks to the national security of the 
        United States posed by the proliferation of foreign 
        commercial spyware. The assessment shall incorporate 
        all credible data, including open-source information.
          (2) Elements.--Each report under paragraph (1) shall 
        include the following, if known:
                  (A) A list of the most significant foreign 
                companies, as determined by the Director of 
                National Intelligence, selling, leasing, or 
                otherwise providing foreign commercial spyware, 
                and associated foreign commercial entities, 
                assessed by the intelligence community to be 
                the most significant foreign actors in the 
                global proliferation of foreign commercial 
                spyware.
                  (B) A description of the foreign commercial 
                spyware marketed by the foreign companies 
                identified under subparagraph (A) and an 
                assessment by the intelligence community of the 
                foreign commercial spyware.
                  (C) An assessment of the counterintelligence 
                risk to personnel of the intelligence community 
                posed by such spyware.
                  (D) Details of where each foreign company 
                identified under subparagraph (A) is domiciled, 
                as well as any foreign country in which the 
                company has subsidiaries or resellers acting as 
                the local agent on behalf of the foreign parent 
                company.
                  (E) A description of how each such foreign 
                company is financed, where the foreign company 
                acquired its capital, and the major investors 
                in the foreign company.
                  (F) An assessment by the intelligence 
                community of any relationship between each such 
                foreign company and a foreign government, 
                including any export controls and processes to 
                which the foreign company is subject.
                  (G) To the extent such information is 
                obtainable through clandestine collection or 
                open source intelligence, a list of the foreign 
                customers of each such foreign company, 
                including the understanding by the intelligence 
                community of the organizations and end-users 
                within any foreign government that procured the 
                spyware of that foreign company.
                  (H) With respect to each foreign customer 
                identified under subparagraph (G), an 
                assessment by the intelligence community 
                regarding how the foreign customer is using the 
                spyware, including whether the spyware has been 
                used to target personnel of the intelligence 
                community.
                  (I) With respect to the first report, a 
                mitigation plan to reduce the exposure of 
                personnel of the intelligence community to 
                foreign commercial spyware.
                  (J) With respect to each report following the 
                first report, details of steps taken by the 
                intelligence community since the previous 
                report to implement measures to reduce the 
                exposure of personnel of the intelligence 
                community to foreign commercial spyware.
          (3) Form.--Each report under paragraph (1) shall be 
        submitted in classified form.
          (4) Dissemination.--The Director of National 
        Intelligence shall share each report under paragraph 
        (1) with the heads of other appropriate Federal 
        departments and agencies, including the President, the 
        heads of all elements of the intelligence community, 
        the Secretary of State, the Attorney General, the 
        Director of the Federal Bureau of Investigation, the 
        Secretary of Commerce, and the heads of any other 
        agencies the Director determines appropriate.
  (b) Classified Watchlist.--
          (1) Submittal to Congress.--The Director of National 
        Intelligence shall submit to the appropriate 
        congressional committees a list of companies selling, 
        leasing, or otherwise providing foreign commercial 
        spyware that the Director determines are engaged in 
        activities that pose a counterintelligence risk to 
        personnel of the intelligence community.
          (2) Updates.--The Director shall update the list 
        under paragraph (1) not less frequently than annually.
          (3) Form.--Each list under paragraph (1) shall be 
        submitted in classified form.
          (4) Dissemination.--The Director of National 
        Intelligence shall share each list under paragraph (1) 
        with the heads of other appropriate Federal departments 
        and agencies, including the President, the heads of all 
        elements of the intelligence community, the Secretary 
        of State, the Attorney General, the Director of the 
        Federal Bureau of Investigation, the Secretary of 
        Commerce, and the heads of any other agencies the 
        Director determines appropriate.
  (c) Authority to Prohibit Purchase or Use by Intelligence 
Community.--
          (1) Foreign commercial spyware from foreign spyware 
        company.--
                  (A) In general.--The Director of National 
                Intelligence may prohibit any element of the 
                intelligence community from procuring, leasing, 
                or otherwise acquiring on the commercial 
                market, or extending or renewing a contract to 
                procure, lease, or otherwise acquire, foreign 
                commercial spyware from a foreign spyware 
                company.
                  (B) Considerations.--In determining whether 
                and how to exercise the authority under 
                subparagraph (A), the Director of National 
                Intelligence shall consider--
                          (i) the assessment of the 
                        intelligence community of the 
                        counterintelligence threats or other 
                        risks to the United States posed by the 
                        foreign commercial spyware; and
                          (ii) the assessment of the 
                        intelligence community of whether the 
                        foreign commercial spyware has been 
                        used to target United States Government 
                        personnel.
          (2) Domestic company providing foreign commercial 
        spyware.--
                  (A) Authority to prohibit purchase.--The 
                Director of National Intelligence may prohibit 
                the purchase or use by the intelligence 
                community of spyware from a domestic company if 
                the Director determines that the spyware was 
                originally sourced, in whole or in part, from a 
                foreign company.
                  (B) Considerations.--In considering whether 
                and how to exercise the authority under 
                subparagraph (A) with respect to spyware, the 
                Director of National Intelligence shall 
                consider--
                          (i) whether the original owner or 
                        developer retains any of the physical 
                        property or intellectual property 
                        associated with the spyware;
                          (ii) whether the original owner or 
                        developer has verifiably destroyed all 
                        copies of the data collected by or 
                        associated with the spyware;
                          (iii) whether the personnel of the 
                        original owner or developer retain any 
                        access to data collected by or 
                        associated with the spyware;
                          (iv) whether the use of the spyware 
                        requires the user to connect to an 
                        information system of the original 
                        owner or developer or of a foreign 
                        government; and
                          (v) whether the spyware poses a 
                        counterintelligence risk to the United 
                        States or any other threat to the 
                        national security of the United States.
          (3) Domestic company that has acquired foreign 
        commercial spyware.--
                  (A) Authority.--The Director of National 
                Intelligence may prohibit any element of the 
                intelligence community from entering into any 
                contract or other agreement for any purpose 
                with a domestic company that has acquired, in 
                whole or in part, any foreign commercial 
                spyware.
                  (B) Considerations.--In considering whether 
                and how to exercise the authority under 
                subparagraph (A) with respect to a domestic 
                company that has acquired foreign commercial 
                spyware, the Director of National Intelligence 
                shall consider--
                          (i) whether the original owner or 
                        developer of the spyware retains any of 
                        the physical property or intellectual 
                        property associated with the spyware;
                          (ii) whether the original owner or 
                        developer of the spyware has verifiably 
                        destroyed all copies of the data 
                        collected by or associated with the 
                        spyware;
                          (iii) whether the personnel of the 
                        original owner or developer of the 
                        spyware retain any access to data 
                        collected by or associated with the 
                        spyware;
                          (iv) whether the use of the spyware 
                        requires the user to connect to an 
                        information system of the original 
                        owner or developer or of a foreign 
                        government; and
                          (v) whether the spyware poses a 
                        counterintelligence risk to the United 
                        States or any other threat to the 
                        national security of the United States.
          (4) Waiver authority.--
                  (A) In general.--The head of an element of 
                the intelligence community may request from the 
                Director of National Intelligence the waiver of 
                a prohibition made under paragraph (1), (2), or 
                (3). The Director may issue such a waiver in 
                response to such a request if--
                          (i) such waiver is in the national 
                        security interest of the United States; 
                        and
                          (ii) the Director submits to the 
                        congressional intelligence committees 
                        the notice described in subparagraph 
                        (B).
                  (B) Notice.--Not later than 30 days after 
                issuing a waiver under subparagraph (A), the 
                Director of National Intelligence shall submit 
                to the congressional intelligence committees 
                notice of the waiver. Such notice shall 
                include--
                          (i) an identification of the head of 
                        the element of the intelligence 
                        community that requested the waiver;
                          (ii) the rationale for issuing the 
                        waiver; and
                          (iii) the considerations that 
                        informed the ultimate determination of 
                        the Director to issue the wavier.
          (5) Termination of prohibition.--The Director of 
        National Intelligence may terminate a prohibition made 
        under paragraph (1), (2), or (3) at any time.
  (d) Notifications.--
          (1) In general.--Not later than 30 days after the 
        date on which the Director of National Intelligence 
        exercises the authority to issue a prohibition under 
        subsection (c), the Director of National Intelligence 
        shall notify the congressional intelligence committees 
        of such exercise of authority. Such notice shall 
        include--
                  (A) a description of the circumstances under 
                which the prohibition was issued;
                  (B) an identification of the company or 
                product covered by the prohibition;
                  (C) any information that contributed to the 
                decision of the Director to exercise the 
                authority, including any information relating 
                to counterintelligence or other risks to the 
                national security of the United States posed by 
                the company or product, as assessed by the 
                intelligence community; and
                  (D) an identification of each element of the 
                intelligence community to which the prohibition 
                has been applied.
          (2) Counterintelligence notifications.--Not later 
        than 30 days after the date on which an element of the 
        intelligence community becomes aware that a Government-
        issued mobile device was targeted or compromised by 
        foreign commercial spyware, the Director of National 
        Intelligence, in coordination with the Director of the 
        Federal Bureau of Investigation, shall notify the 
        congressional intelligence committees of such 
        determination, including--
                  (A) the component of the element and the 
                location of the personnel whose device was 
                targeted or compromised;
                  (B) the number of devices compromised or 
                targeted;
                  (C) an assessment by the intelligence 
                community of the damage to national security of 
                the United States resulting from any loss of 
                data or sensitive information;
                  (D) an assessment by the intelligence 
                community of any foreign government, or foreign 
                organization or entity, and, to the extent 
                possible, the foreign individuals, who directed 
                and benefitted from any information acquired 
                from the targeting or compromise; and
                  (E) as appropriate, an assessment by the 
                intelligence community of the capacity and will 
                of such governments or individuals to continue 
                targeting personnel of the United States 
                Government.
  (e) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Foreign Affairs, the 
                Committee on Armed Services, and the Permanent 
                Select Committee on Intelligence of the House 
                of Representatives; and
                  (B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select 
                Committee on Intelligence of the Senate.
          (2) Domestic company.--The term ``domestic company'' 
        means a commercial entity, or any subsidiary or 
        affiliate of the entity, incorporated or domiciled in 
        the United States that--
                  (A) sells, leases, or otherwise provides 
                foreign commercial spyware, including by reason 
                of--
                          (i) taking ownership, in whole or in 
                        part, of a foreign spyware company; or
                          (ii) entering into a partnership with 
                        a foreign spyware company; or
                  (B) otherwise owns, leases, or has access to 
                foreign commercial spyware.
          (3) Foreign commercial spyware.--The term ``foreign 
        commercial spyware'' means a tool (or set of tools) 
        sold, leased, marketed, or otherwise provided as an 
        end-to-end system originally developed or owned by a 
        foreign spyware company that provides a purchaser 
        remote access to information stored on or transiting 
        through an electronic device connected to the internet, 
        including end-to-end systems that--
                  (A) allow malign actors to infect mobile and 
                internet-connected devices with malware over 
                both wireless internet and cellular data 
                connections, including without any action 
                required by the user of the device;
                  (B) can record telephone calls and other 
                audio;
                  (C) track the location of the device; or
                  (D) access and retrieve information on the 
                device, including text messages, files, e-
                mails, transcripts of chats, contacts, photos, 
                and browsing history.
          (4) Foreign spyware company.--The term ``foreign 
        spyware company'' means an entity that is--
                  (A) incorporated or domiciled outside the 
                United States; and
                  (B) not subject to the laws and regulations 
                of the United States regulating the 
                surveillance of citizens of the United States 
                and foreign citizens.
          (5) Government-issued mobile device.--The term 
        ``Government-issued mobile device'' means a smartphone, 
        tablet, or laptop, or similar portable computing 
        device, that is issued to personnel of the intelligence 
        community by a department or agency of the United 
        States Government for official use by the personnel.
          (6) United States person.--The term ``United States 
        person'' has the meaning given that term in Executive 
        Order 12333 (50 U.S.C. 3001 note), or any successor 
        order.

           *       *       *       *       *       *       *


SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE 
                    COMMUNITY.

  (a) Definitions.--In this section:
          (1) Agency.--The term ``agency'' means an executive 
        department or independent establishment, as defined 
        under sections 101 and 104 of title 5, United States 
        Code, that contains an intelligence community element, 
        except the Federal Bureau of Investigation.
          (2) Covered intelligence community element.--The term 
        ``covered intelligence community element''--
                  (A) means--
                          (i) the Central Intelligence Agency, 
                        the Defense Intelligence Agency, the 
                        National Geospatial-Intelligence 
                        Agency, the National Security Agency, 
                        the Office of the Director of National 
                        Intelligence, and the National 
                        Reconnaissance Office; and
                          (ii) any executive agency or unit 
                        thereof determined by the President 
                        under section 2302(a)(2)(C)(ii) of 
                        title 5, United States Code, to have as 
                        its principal function the conduct of 
                        foreign intelligence or 
                        counterintelligence activities; and
                  (B) does not include the Federal Bureau of 
                Investigation.
          (3) Personnel action.--The term ``personnel action'' 
        means, with respect to an employee in a position in a 
        covered intelligence community element (other than a 
        position excepted from the competitive service due to 
        its confidential, policy-determining, policymaking, or 
        policy-advocating character) or a contractor employee--
                  (A) an appointment;
                  (B) a promotion;
                  (C) a disciplinary or corrective action;
                  (D) a detail, transfer, or reassignment;
                  (E) a demotion, suspension, or termination;
                  (F) a reinstatement or restoration;
                  (G) a performance evaluation;
                  (H) a decision concerning pay, benefits, or 
                awards;
                  (I) a decision concerning education or 
                training if such education or training may 
                reasonably be expected to lead to an 
                appointment, promotion, or performance 
                evaluation; or
                  (J) any other significant change in duties, 
                responsibilities, or working conditions.
          (4) Contractor employee.--The term ``contractor 
        employee'' means an employee of a contractor, 
        subcontractor, grantee, subgrantee, or personal 
        services contractor, of a covered intelligence 
        community element.
  (b) Agency Employees.--Any employee of a covered intelligence 
community element or an agency who has authority to take, 
direct others to take, recommend, or approve any personnel 
action, shall not, with respect to such authority, take or fail 
to take, or threaten to take or fail to take, a personnel 
action with respect to any employee of a covered intelligence 
community element as a reprisal for--
          (1) any lawful disclosure of information by the 
        employee to the Director of National Intelligence (or 
        an employee designated by the Director of National 
        Intelligence for such purpose), the Inspector General 
        of the Intelligence Community, a supervisor in the 
        employee's direct chain of command, or a supervisor of 
        the employing agency with responsibility for the 
        subject matter of the disclosure, up to and including 
        the head of the employing agency (or an employee 
        designated by the head of that agency for such 
        purpose), the appropriate inspector general of the 
        employing agency, a congressional intelligence 
        committee, or a member of a congressional intelligence 
        committee, which the employee reasonably believes 
        evidences--
                  (A) a violation of any Federal law, rule, or 
                regulation; or
                  (B) mismanagement, a gross waste of funds, an 
                abuse of authority, or a substantial and 
                specific danger to public health or safety[.];
          (2) any lawful disclosure that complies with--
                  (A) subsections (a)(1), (d), and (g) of 
                section 8H of the Inspector General Act of 1978 
                (5 U.S.C. App.);
                  (B) subparagraphs (A), (D), and (H) of 
                section 17(d)(5) of the Central Intelligence 
                Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
                  (C) subparagraphs (A), (D), and (I) of 
                section 103H(k)(5); or
          (3) if the actions do not result in the employee 
        unlawfully disclosing information specifically required 
        by Executive order to be kept classified in the 
        interest of national defense or the conduct of foreign 
        affairs, any lawful disclosure in conjunction with--
                  (A) the exercise of any appeal, complaint, or 
                grievance right granted by any law, rule, or 
                regulation;
                  (B) testimony for or otherwise lawfully 
                assisting any individual in the exercise of any 
                right referred to in subparagraph (A); or
                  (C) cooperation with or disclosing 
                information to the Inspector General of an 
                agency, in accordance with applicable 
                provisions of law in connection with an audit, 
                inspection, or investigation conducted by the 
                Inspector General.
  (c) Contractor Employees.--(1) Any employee of an agency or 
of a contractor, subcontractor, grantee, subgrantee, or 
personal services contractor, of a covered intelligence 
community element who has authority to take, direct others to 
take, recommend, or approve any personnel action, shall not, 
with respect to such authority, take or fail to take, or 
threaten to take or fail to take, a personnel action with 
respect to any contractor employee as a reprisal for--
          (A) any lawful disclosure of information by the 
        contractor employee to the Director of National 
        Intelligence (or an employee designated by the Director 
        of National Intelligence for such purpose), the 
        Inspector General of the Intelligence Community, a 
        supervisor in the contractor employee's direct chain of 
        command, or a supervisor of the contracting agency with 
        responsibility for the subject matter of the 
        disclosure, up to and including the head of the 
        contracting agency (or an employee designated by the 
        head of that agency for such purpose), the appropriate 
        inspector general of the contracting agency, a 
        congressional intelligence committee, or a member of a 
        congressional intelligence committee, which the 
        contractor employee reasonably believes evidences--
                  (i) a violation of any Federal law, rule, or 
                regulation (including with respect to evidence 
                of another employee or contractor employee 
                accessing or sharing classified information 
                without authorization); or
                  (ii) mismanagement, a gross waste of funds, 
                an abuse of authority, or a substantial and 
                specific danger to public health or safety.
          (B) any lawful disclosure that complies with--
                  (i) subsections (a)(1), (d), and (g) of 
                section 8H of the Inspector General Act of 1978 
                (5 U.S.C. App.);
                  (ii) subparagraphs (A), (D), and (H) of 
                section 17(d)(5) of the Central Intelligence 
                Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
                  (iii) subparagraphs (A), (D), and (I) of 
                section 103H(k)(5); or
          (C) if the actions do not result in the contractor 
        employee unlawfully disclosing information specifically 
        required by Executive order to be kept classified in 
        the interest of national defense or the conduct of 
        foreign affairs, any lawful disclosure in conjunction 
        with--
                  (i) the exercise of any appeal, complaint, or 
                grievance right granted by any law, rule, or 
                regulation;
                  (ii) testimony for or otherwise lawfully 
                assisting any individual in the exercise of any 
                right referred to in clause (i); or
                  (iii) cooperation with or disclosing 
                information to the Inspector General of an 
                agency, in accordance with applicable 
                provisions of law in connection with an audit, 
                inspection, or investigation conducted by the 
                Inspector General.
  (2) A personnel action under paragraph (1) is prohibited even 
if the action is undertaken at the request of an agency 
official, unless the request takes the form of a 
nondiscretionary directive and is within the authority of the 
agency official making the request.
  (d) Rule of Construction.--Consistent with the protection of 
intelligence sources and methods, nothing in subsection (b) or 
(c) shall be construed to authorize--
          (1) the withholding of information from Congress; or
          (2) the taking of any personnel action against an 
        employee who lawfully discloses information to 
        Congress.
  (e) Disclosures.--A disclosure shall not be excluded from 
this section because--
          (1) the disclosure was made to an individual, 
        including a supervisor, who participated in an activity 
        that the employee reasonably believed to be covered 
        under subsection (b)(1)(B) or the contractor employee 
        reasonably believed to be covered under subsection 
        (c)(1)(A)(ii);
          (2) the disclosure revealed information that had been 
        previously disclosed;
          (3) the disclosure was not made in writing;
          (4) the disclosure was made while the employee was 
        off duty;
          (5) of the amount of time which has passed since the 
        occurrence of the events described in the disclosure; 
        or
          (6) the disclosure was made during the normal course 
        of duties of an employee or contractor employee.
  (f) Enforcement.--The President shall provide for the 
enforcement of this section consistent, to the fullest extent 
possible, with the policies and procedures used to adjudicate 
alleged violations of section 2302(b)(8) of title 5, United 
States Code.
  (g) Existing Rights Preserved.--Nothing in this section shall 
be construed to--
          (1) preempt or preclude any employee, contractor 
        employee, or applicant for employment, at the Federal 
        Bureau of Investigation from exercising rights provided 
        under any other law, rule, or regulation, including 
        section 2303 of title 5, United States Code; or
          (2) repeal section 2303 of title 5, United States 
        Code.

           *       *       *       *       *       *       *


[SEC. 1107A. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S 
                    REPUBLIC OF CHINA IN THE HONG KONG SPECIAL 
                    ADMINISTRATIVE REGION.

  [(a) 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 Armed Services of the Senate; 
                and
                  [(C) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
          [(2) Chinese security services.--The term ``Chinese 
        security services'' means--
                  [(A) the security services of the Government 
                of the People's Republic of China, including 
                the Ministry of State Security and the Ministry 
                of Public Security; and
                  [(B) any known front organizations or aliases 
                associated with such security services, 
                including officers associated with the national 
                security division of the Hong Kong Police Force 
                and other officers of the Hong Kong Police 
                Force selected by the Committee for 
                Safeguarding National Security to work on 
                matters relating to national security.
  [(b) Requirement.--On an annual basis through 2047, the 
Director of National Intelligence shall submit to the 
appropriate congressional committees a report on the presence 
and activities of Chinese security services operating within 
the Hong Kong Special Administrative Region.
  [(c) Contents.--Each report under subsection (b) shall 
include, with respect to the year covered by the report, the 
following:
          [(1) Identification of the approximate number of 
        personnel affiliated with Chinese security services 
        operating within the Hong Kong Special Administrative 
        Region, including a breakdown of such personnel by the 
        specific security service and the division of the 
        security service, and (to the extent possible) an 
        identification of any such personnel associated with 
        the national security division of the Hong Kong Police 
        Force.
          [(2) A description of the command and control 
        structures of such security services, including 
        information regarding the extent to which such security 
        services are controlled by the Government of the Hong 
        Kong Special Administrative Region or the Government of 
        the People's Republic of China.
          [(3) A description of the working relationship and 
        coordination mechanisms of the Chinese security 
        services with the police force of the Hong Kong Special 
        Administrative Region.
          [(4) A description of the activities conducted by 
        Chinese security services operating within the Hong 
        Kong Special Administrative Region, including--
                  [(A) information regarding the extent to 
                which such security services, and officers 
                associated with the national security division 
                of the Hong Kong Police Force, are engaged in 
                frontline policing, serving in advisory and 
                assistance roles, or both;
                  [(B) an assessment of the likelihood of such 
                security services conducting renditions of 
                individuals from the Hong Kong Special 
                Administrative Region to China and a listing of 
                every known individual subject to such 
                rendition during the year covered by the 
                report; and
                  [(C) an assessment of how such activities 
                conducted by Chinese security services 
                contribute to self-censorship and corruption 
                within the Hong Kong Special Administrative 
                Region.
          [(5) A discussion of the doctrine and tactics 
        employed by Chinese security services operating within 
        the Hong Kong Special Administrative Region, including 
        an overview of the extent to which such security 
        services employ surveillance, detection, and control 
        methods, including ``high-tech'' policing models and 
        ``preventative policing tactics'', that are consistent 
        with the rise of digital authoritarianism, and used in 
        a manner similar to methods used in the Xinjiang region 
        of China.
          [(6) An overview of the funding for Chinese security 
        services operating within the Hong Kong Special 
        Administrative Region, including an assessment of the 
        extent to which funding is drawn locally from the Hong 
        Kong Special Administrative Region Government or from 
        the Government of China.
          [(7) A discussion of the various surveillance 
        technologies used by security services operating within 
        the Hong Kong Special Administrative Region, 
        including--
                  [(A) a list of the key companies that provide 
                such technologies; and
                  [(B) an assessment of the degree to which 
                such technologies can be accessed by Chinese 
                security services operating within the Hong 
                Kong Special Administrative Region.
  [(d) Coordination.--In carrying out subsection (b), the 
Director shall coordinate with the Director of the Central 
Intelligence Agency, the Director of the National Security 
Agency, the Director of the Defense Intelligence Agency, the 
Director of the National Geospatial-Intelligence Agency, the 
Assistant Secretary of State for the Bureau of Intelligence and 
Research, and any other relevant head of an element of the 
intelligence community.
  [(e) Form.--Each report submitted to the appropriate 
congressional committees under subsection (b) shall be 
submitted in unclassified form, but may include a classified 
annex.]

           *       *       *       *       *       *       *

                              ----------                              


              COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002




           *       *       *       *       *       *       *
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *


SEC. 904. NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER.

  (a) Establishment.--There shall be a National 
Counterintelligence and Security Center.
  (b) Head of Center.--The Director of the National 
Counterintelligence and Security Center shall be the head of 
the National Counterintelligence and Security Center.
  (c) Location of Center.--The National Counterintelligence and 
Security Center shall be located in the Office of the Director 
of National Intelligence.
  (d) Functions.--Subject to the direction and control of the 
Director of the National Counterintelligence and Security 
Center, the functions of the National Counterintelligence and 
Security Center shall be as follows:
          (1) National threat identification and prioritization 
        assessment.--Subject to subsection (e), in consultation 
        with appropriate department and agencies of the United 
        States Government, and private sector entities, to 
        produce a strategic planning assessment of the 
        counterintelligence requirements of the United States 
        to be known as the National Threat Identification and 
        Prioritization Assessment.
          (2) National counterintelligence strategy.--
                  (A) Requirement to produce.--Subject to 
                subsection (e), in consultation with 
                appropriate department and agencies of the 
                United States Government, and private sector 
                entities, and based on the most current 
                National Threat Identification and 
                Prioritization Assessment under paragraph (1), 
                to produce a strategy for the 
                counterintelligence programs and activities of 
                the United States Government to be known as the 
                National Counterintelligence Strategy.
                  (B) Revision and requirement.--The National 
                Counterintelligence Strategy shall be revised 
                or updated at least once every three years and 
                shall be aligned with the strategy and policies 
                of the Director of National Intelligence.
          (3) Implementation of national counterintelligence 
        strategy.--To evaluate on an ongoing basis the 
        implementation of the National Counterintelligence 
        Strategy and to submit to the President periodic 
        reports on such evaluation, including a discussion of 
        any shortfalls in the implementation of the Strategy 
        and recommendations for remedies for such shortfalls.
          (4) National counterintelligence strategic 
        analyses.--As directed by the Director of National 
        Intelligence and in consultation with appropriate 
        elements of the departments and agencies of the United 
        States Government, to oversee and coordinate the 
        production of strategic analyses of counterintelligence 
        matters, including the production of 
        counterintelligence damage assessments and assessments 
        of lessons learned from counterintelligence activities.
          (5) National counterintelligence program budget.--At 
        the direction of the Director of National 
        Intelligence--
                  (A) to coordinate the development of budgets 
                and resource allocation plans for the 
                counterintelligence programs and activities of 
                the Department of Defense, the Federal Bureau 
                of Investigation, the Central Intelligence 
                Agency, and other appropriate elements of the 
                United States Government;
                  (B) to ensure that the budgets and resource 
                allocation plans developed under subparagraph 
                (A) address the objectives and priorities for 
                counterintelligence under the National 
                Counterintelligence Strategy; and
                  (C) to submit to the National Security 
                Council periodic reports on the activities 
                undertaken by the Office under subparagraphs 
                (A) and (B).
          (6) National counterintelligence collection and 
        targeting coordination.--To develop priorities for 
        counterintelligence investigations and operations, and 
        for collection of counterintelligence, for purposes of 
        the National Counterintelligence Strategy, except that 
        the National Counterintelligence and Security Center 
        may not--
                  (A) carry out any counterintelligence 
                investigations or operations; or
                  (B) establish its own contacts, or carry out 
                its own activities, with foreign intelligence 
                services.
          (7) National counterintelligence outreach, watch, and 
        warning.--
                  (A) Counterintelligence vulnerability 
                surveys.--To carry out and coordinate surveys 
                of the vulnerability of the United States 
                Government, and the private sector, to 
                intelligence threats in order to identify the 
                areas, programs, and activities that require 
                protection from such threats.
                  (B) Outreach.--To carry out and coordinate 
                outreach programs and activities on 
                counterintelligence to other elements of the 
                United States Government, and the private 
                sector, and to coordinate the dissemination to 
                the public of warnings on intelligence threats 
                to the United States.
                  (C) Research and development.--To ensure that 
                research and development programs and 
                activities of the United States Government, and 
                the private sector, direct attention to the 
                needs of the counterintelligence community for 
                technologies, products, and services.
                  (D) Training and professional development.--
                To develop policies and standards for training 
                and professional development of individuals 
                engaged in counterintelligence activities and 
                to manage the conduct of joint training 
                exercises for such personnel.
                  (E) Vulnerabilities from foreign commercial 
                spyware.--
                          (i) Consultation.--In carrying out 
                        efforts to secure Government-issued 
                        mobile devices, to consult with the 
                        private sector of the United States and 
                        reputable third-party researchers to 
                        identify vulnerabilities from foreign 
                        commercial spyware and maintain 
                        effective security measures for such 
                        devices.
                          (ii) Definitions.--In this 
                        subparagraph, the terms ``Government-
                        issued mobile devices'' and ``foreign 
                        commercial spyware'' have the meaning 
                        given those terms in section 1102A of 
                        the National Security Act of 1947.
  (e) Additional Requirements Regarding National Threat 
Identification and Prioritization Assessment and National 
Counterintelligence Strategy.--(1) A National Threat 
Identification and Prioritization Assessment under subsection 
(d)(1), and any modification of such assessment, shall not go 
into effect until approved by the President.
  (2) A National Counterintelligence Strategy under subsection 
(d)(2), and any modification of such strategy, shall not go 
into effect until approved by the President.
  (3) The National Counterintelligence Executive shall submit 
to the congressional intelligence committees each National 
Threat Identification and Prioritization Assessment, or 
modification thereof, and each National Counterintelligence 
Strategy, or modification thereof, approved under this section.
  (4) In this subsection, the term ``congressional intelligence 
committees'' means--
          (A) the Select Committee on Intelligence of the 
        Senate; and
          (B) the Permanent Select Committee on Intelligence of 
        the House of Representatives.
  (f) Personnel.--(1) Personnel of the National 
Counterintelligence and Security Center may consist of 
personnel employed by the Center or personnel on detail from 
any other department, agency, or element of the Federal 
Government. Any such detail may be on a reimbursable or 
nonreimbursable basis, at the election of the head of the 
agency detailing such personnel.
  (2) Notwithstanding section 104(d) or any other provision of 
law limiting the period of the detail of personnel on a 
nonreimbursable basis, the detail of an officer or employee of 
United States or a member of the Armed Forces under paragraph 
(1) on a nonreimbursable basis may be for any period in excess 
of one year that the Director of the National 
Counterintelligence and Security Center and the head of the 
department, agency, or element concerned consider appropriate.
  (g) Treatment of Activities Under Certain Administrative 
Laws.--The files of the National Counterintelligence and 
Security Center shall be treated as operational files of the 
Central Intelligence Agency for purposes of section 701 of the 
National Security Act of 1947 (50 U.S.C. 3141) to the extent 
such files meet criteria under subsection (b) of that section 
for treatment of files as operational files of an element of 
the Agency.
  (h) Oversight by Congress.--The location of the National 
Counterintelligence and Security Center within the Office of 
the Director of National Intelligence shall not be construed as 
affecting access by Congress, or any committee of Congress, 
to--
          (1) any information, document, record, or paper in 
        the possession of the Center; or
          (2) any personnel of the Center.
  (i) Construction.--Nothing in this section shall be construed 
as affecting the authority of the Director of National 
Intelligence, the Secretary of Defense, the Secretary of State, 
the Attorney General, or the Director of the Federal Bureau of 
Investigation as provided or specified under the National 
Security Act of 1947 or under other provisions of law.

           *       *       *       *       *       *       *

                              ----------                              


                     INTERNAL REVENUE CODE OF 1986




           *       *       *       *       *       *       *
Subtitle A--Income Taxes

           *       *       *       *       *       *       *


CHAPTER 1--NORMAL TAXES AND SURTAXES

           *       *       *       *       *       *       *


Subchapter B--COMPUTATION OF TAXABLE INCOME

           *       *       *       *       *       *       *


PART III--ITEMS SPECIFICALLY EXCLUDED FROM GROSS INCOME

           *       *       *       *       *       *       *



SEC. 132. CERTAIN FRINGE BENEFITS.

  (a) Exclusion from gross income.--Gross income shall not 
include any fringe benefit which qualifies as a--
          (1) no-additional-cost service,
          (2) qualified employee discount,
          (3) working condition fringe,
          (4) de minimis fringe,
          (5) qualified transportation fringe,
          (6) qualified moving expense reimbursement,
          (7) qualified retirement planning services, or
          (8) qualified military base realignment and closure 
        fringe.
  (b) No-additional-cost service defined.--For purposes of this 
section, the term ``no-additional-cost service'' means any 
service provided by an employer to an employee for use by such 
employee if--
          (1) such service is offered for sale to customers in 
        the ordinary course of the line of business of the 
        employer in which the employee is performing services, 
        and
          (2) the employer incurs no substantial additional 
        cost (including forgone revenue) in providing such 
        service to the employee (determined without regard to 
        any amount paid by the employee for such service).
  (c) Qualified employee discount defined.--For purposes of 
this section--
          (1) Qualified employee discount.--The term 
        ``qualified employee discount'' means any employee 
        discount with respect to qualified property or services 
        to the extent such discount does not exceed--
                  (A) in the case of property, the gross profit 
                percentage of the price at which the property 
                is being offered by the employer to customers, 
                or
                  (B) in the case of services, 20 percent of 
                the price at which the services are being 
                offered by the employer to customers.
          (2) Gross profit percentage.--
                  (A) In general.--The term ``gross profit 
                percentage'' means the percent which--
                          (i) the excess of the aggregate sales 
                        price of property sold by the employer 
                        to customers over the aggregate cost of 
                        such property to the employer, is of
                          (ii) the aggregate sale price of such 
                        property.
                  (B) Determination of gross profit 
                percentage.--Gross profit percentage shall be 
                determined on the basis of--
                          (i) all property offered to customers 
                        in the ordinary course of the line of 
                        business of the employer in which the 
                        employee is performing services (or a 
                        reasonable classification of property 
                        selected by the employer), and
                          (ii) the employer's experience during 
                        a representative period.
          (3) Employee discount defined.--The term ``employee 
        discount'' means the amount by which--
                  (A) the price at which the property or 
                services are provided by the employer to an 
                employee for use by such employee, is less than
                  (B) the price at which such property or 
                services are being offered by the employer to 
                customers.
          (4) Qualified property or services.--The term 
        ``qualified property or services'' means any property 
        (other than real property and other than personal 
        property of a kind held for investment) or services 
        which are offered for sale to customers in the ordinary 
        course of the line of business of the employer in which 
        the employee is performing services.
  (d) Working condition fringe defined.--For purposes of this 
section, the term ``working condition fringe'' means any 
property or services provided to an employee of the employer to 
the extent that, if the employee paid for such property or 
services, such payment would be allowable as a deduction under 
section 162 or 167.
  (e) De minimis fringe defined.--For purposes of this 
section--
          (1) In general.--The term ``de minimis fringe'' means 
        any property or service the value of which is (after 
        taking into account the frequency with which similar 
        fringes are provided by the employer to the employer's 
        employees) so small as to make accounting for it 
        unreasonable or administratively impracticable.
          (2) Treatment of certain eating facilities.--The 
        operation by an employer of any eating facility for 
        employees shall be treated as a de minimis fringe if--
                  (A) such facility is located on or near the 
                business premises of the employer, and
                  (B) revenue derived from such facility 
                normally equals or exceeds the direct operating 
                costs of such facility.
        The preceding sentence shall apply with respect to any 
        highly compensated employee only if access to the 
        facility is available on substantially the same terms 
        to each member of a group of employees which is defined 
        under a reasonable classification set up by the 
        employer which does not discriminate in favor of highly 
        compensated employees. For purposes of subparagraph 
        (B), an employee entitled under section 119 to exclude 
        the value of a meal provided at such facility shall be 
        treated as having paid an amount for such meal equal to 
        the direct operating costs of the facility attributable 
        to such meal.
  (f) Qualified transportation fringe.--
          (1) In general.--For purposes of this section, the 
        term ``qualified transportation fringe'' means any of 
        the following provided by an employer to an employee:
                  (A) Transportation in a commuter highway 
                vehicle if such transportation is in connection 
                with travel between the employee's residence 
                and place of employment.
                  (B) Any transit pass.
                  (C) Qualified parking.
                  (D) Any qualified bicycle commuting 
                reimbursement.
          (2) Limitation on exclusion.--The amount of the 
        fringe benefits which are provided by an employer to 
        any employee and which may be excluded from gross 
        income under subsection (a)(5) shall not exceed--
                  (A) $175 per month in the case of the 
                aggregate of the benefits described in 
                subparagraphs (A) and (B) of paragraph (1),
                  (B) $175 per month in the case of qualified 
                parking, and
                  (C) the applicable annual limitation in the 
                case of any qualified bicycle commuting 
                reimbursement.
          (3) Cash reimbursements.--For purposes of this 
        subsection, the term ``qualified transportation 
        fringe'' includes a cash reimbursement by an employer 
        to an employee for a benefit described in paragraph 
        (1). The preceding sentence shall apply to a cash 
        reimbursement for any transit pass only if a voucher or 
        similar item which may be exchanged only for a transit 
        pass is not readily available for direct distribution 
        by the employer to the employee.
          (4) No constructive receipt.--No amount shall be 
        included in the gross income of an employee solely 
        because the employee may choose between any qualified 
        transportation fringe (other than a qualified bicycle 
        commuting reimbursement) and compensation which would 
        otherwise be includible in gross income of such 
        employee.
          (5) Definitions.--For purposes of this subsection--
                  (A) Transit pass.--The term ``transit pass'' 
                means any pass, token, farecard, voucher, or 
                similar item entitling a person to 
                transportation (or transportation at a reduced 
                price) if such transportation is--
                          (i) on mass transit facilities 
                        (whether or not publicly owned), or
                          (ii) provided by any person in the 
                        business of transporting persons for 
                        compensation or hire if such 
                        transportation is provided in a vehicle 
                        meeting the requirements of 
                        subparagraph (B)(i).
                  (B) Commuter highway vehicle.--The term 
                ``commuter highway vehicle'' means any highway 
                vehicle--
                          (i) the seating capacity of which is 
                        at least 6 adults (not including the 
                        driver), and
                          (ii) at least 80 percent of the 
                        mileage use of which can reasonably be 
                        expected to be--
                                  (I) for purposes of 
                                transporting employees in 
                                connection with travel between 
                                their residences and their 
                                place of employment, and
                                  (II) on trips during which 
                                the number of employees 
                                transported for such purposes 
                                is at least 1/2 of the adult 
                                seating capacity of such 
                                vehicle (not including the 
                                driver).
                  (C) Qualified parking.--The term ``qualified 
                parking'' means parking provided to an employee 
                on or near the business premises of the 
                employer or on or near a location from which 
                the employee commutes to work by transportation 
                described in subparagraph (A), in a commuter 
                highway vehicle, or by carpool. Such term shall 
                not include any parking on or near property 
                used by the employee for residential purposes.
                  (D) Transportation provided by employer.--
                Transportation referred to in paragraph (1)(A) 
                shall be considered to be provided by an 
                employer if such transportation is furnished in 
                a commuter highway vehicle operated by or for 
                the employer.
                  (E) Employee.--For purposes of this 
                subsection, the term ``employee'' does not 
                include an individual who is an employee within 
                the meaning of section 401(c)(1).
                  (F) Definitions related to bicycle commuting 
                reimbursement.--
                          (i) Qualified bicycle commuting 
                        reimbursement.--The term ``qualified 
                        bicycle commuting reimbursement'' 
                        means, with respect to any calendar 
                        year, any employer reimbursement during 
                        the 15-month period beginning with the 
                        first day of such calendar year for 
                        reasonable expenses incurred by the 
                        employee during such calendar year for 
                        the purchase of a bicycle and bicycle 
                        improvements, repair, and storage, if 
                        such bicycle is regularly used for 
                        travel between the employee's residence 
                        and place of employment.
                          (ii) Applicable annual limitation.--
                        The term ``applicable annual 
                        limitation'' means, with respect to any 
                        employee for any calendar year, the 
                        product of $20 multiplied by the number 
                        of qualified bicycle commuting months 
                        during such year.
                          (iii) Qualified bicycle commuting 
                        month.--The term ``qualified bicycle 
                        commuting month'' means, with respect 
                        to any employee, any month during which 
                        such employee--
                                  (I) regularly uses the 
                                bicycle for a substantial 
                                portion of the travel between 
                                the employee's residence and 
                                place of employment, and
                                  (II) does not receive any 
                                benefit described in 
                                subparagraph (A), (B), or (C) 
                                of paragraph (1).
          (6) Inflation adjustment.--
                  (A) In general.--In the case of any taxable 
                year beginning in a calendar year after 1999, 
                the dollar amounts contained in subparagraphs 
                (A) and (B) of paragraph (2) shall be increased 
                by an amount equal to--
                          (i) such dollar amount, multiplied by
                          (ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for 
                        the calendar year in which the taxable 
                        year begins, by substituting ``calendar 
                        year 1998'' for ``calendar year 2016'' 
                        in subparagraph (A)(ii) thereof.
                  (B) Rounding.--If any increase determined 
                under subparagraph (A) is not a multiple of $5, 
                such increase shall be rounded to the next 
                lowest multiple of $5.
          (7) Coordination with other provisions.--For purposes 
        of this section, the terms ``working condition fringe'' 
        and ``de minimis fringe'' shall not include any 
        qualified transportation fringe (determined without 
        regard to paragraph (2)).
          (8) Suspension of qualified bicycle commuting 
        reimbursement exclusion.--Paragraph (1)(D) shall not 
        apply to any taxable year beginning after December 31, 
        2017, and before January 1, 2026.
  (g) Qualified moving expense reimbursement.--For purposes of 
this section--
          (1) In general.--The term ``qualified moving expense 
        reimbursement'' means any amount received (directly or 
        indirectly) by an individual from an employer as a 
        payment for (or a reimbursement of) expenses which 
        would be deductible as moving expenses under section 
        217 if directly paid or incurred by the individual. 
        Such term shall not include any payment for (or 
        reimbursement of) an expense actually deducted by the 
        individual in a prior taxable year.
          (2) Suspension for taxable years 2018 through 2025.--
        Except in the case of a member of the Armed Forces of 
        the United States on active duty who moves pursuant to 
        a military order and incident to a permanent change of 
        station or an employee or new appointee of the 
        intelligence community (as defined in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003)) (other 
        than a member of the Armed Forces of the United States) 
        who moves pursuant to a change in assignment that 
        requires relocation, subsection (a)(6) shall not apply 
        to any taxable year beginning after December 31, 2017, 
        and before January 1, 2026.
  (h) Certain individuals treated as employees for purposes of 
subsections (a)(1) and (2).--For purposes of paragraphs (1) and 
(2) of subsection (a)--
          (1) Retired and disabled employees and surviving 
        spouse of employee treated as employee.--With respect 
        to a line of business of an employer, the term 
        ``employee'' includes--
                  (A) any individual who was formerly employed 
                by such employer in such line of business and 
                who separated from service with such employer 
                in such line of business by reason of 
                retirement or disability, and
                  (B) any widow or widower of any individual 
                who died while employed by such employer in 
                such line of business or while an employee 
                within the meaning of subparagraph (A).
          (2) Spouse and dependent children.--
                  (A) In general.--Any use by the spouse or a 
                dependent child of the employee shall be 
                treated as use by the employee.
                  (B) Dependent child.--For purposes of 
                subparagraph (A), the term ``dependent child'' 
                means any child (as defined in section 
                152(f)(1)) of the employee--
                          (i) who is a dependent of the 
                        employee, or
                          (ii) both of whose parents are 
                        deceased and who has not attained age 
                        25.
                For purposes of the preceding sentence, any 
                child to whom section 152(e) applies shall be 
                treated as the dependent of both parents.
          (3) Special rule for parents in the case of air 
        transportation.--Any use of air transportation by a 
        parent of an employee (determined without regard to 
        paragraph (1)(B)) shall be treated as use by the 
        employee.
  (i) Reciprocal agreements.--For purposes of paragraph (1) of 
subsection (a), any service provided by an employer to an 
employee of another employer shall be treated as provided by 
the employer of such employee if--
          (1) such service is provided pursuant to a written 
        agreement between such employers, and
          (2) neither of such employers incurs any substantial 
        additional costs (including foregone revenue) in 
        providing such service or pursuant to such agreement.
  (j) Special rules.--
          (1) Exclusions under subsection (a)(1) and (2) apply 
        to highly compensated employees only if no 
        discrimination.--Paragraphs (1) and (2) of subsection 
        (a) shall apply with respect to any fringe benefit 
        described therein provided with respect to any highly 
        compensated employee only if such fringe benefit is 
        available on substantially the same terms to each 
        member of a group of employees which is defined under a 
        reasonable classification set up by the employer which 
        does not discriminate in favor of highly compensated 
        employees.
          (2) Special rule for leased sections of department 
        stores.--
                  (A) In general.--For purposes of paragraph 
                (2) of subsection (a), in the case of a leased 
                section of a department store--
                          (i) such section shall be treated as 
                        part of the line of business of the 
                        person operating the department store, 
                        and
                          (ii) employees in the leased section 
                        shall be treated as employees of the 
                        person operating the department store.
                  (B) Leased section of department store.--For 
                purposes of subparagraph (A), a leased section 
                of a department store is any part of a 
                department store where over-the-counter sales 
                of property are made under a lease or similar 
                arrangement where it appears to the general 
                public that individuals making such sales are 
                employed by the person operating the department 
                store.
          (3) Auto salesmen.--
                  (A) In general.--For purposes of subsection 
                (a)(3), qualified automobile demonstration use 
                shall be treated as a working condition fringe.
                  (B) Qualified automobile demonstration use.--
                For purposes of subparagraph (A), the term 
                ``qualified automobile demonstration use'' 
                means any use of an automobile by a full-time 
                automobile salesman in the sales area in which 
                the automobile dealer's sales office is located 
                if--
                          (i) such use is provided primarily to 
                        facilitate the salesman's performance 
                        of services for the employer, and
                          (ii) there are substantial 
                        restrictions on the personal use of 
                        such automobile by such salesman.
          (4) On-premises gyms and other athletic facilities.--
                  (A) In general.--Gross income shall not 
                include the value of any on-premises athletic 
                facility provided by an employer to his 
                employees.
                  (B) On-premises athletic facility.--For 
                purposes of this paragraph, the term ``on-
                premises athletic facility'' means any gym or 
                other athletic facility--
                          (i) which is located on the premises 
                        of the employer,
                          (ii) which is operated by the 
                        employer, and
                          (iii) substantially all the use of 
                        which is by employees of the employer, 
                        their spouses, and their dependent 
                        children (within the meaning of 
                        subsection (h)).
          (5) Special rule for affiliates of airlines.--
                  (A) In general.--If--
                          (i) a qualified affiliate is a member 
                        of an affiliated group another member 
                        of which operates an airline, and
                          (ii) employees of the qualified 
                        affiliate who are directly engaged in 
                        providing airline-related services are 
                        entitled to no-additional-cost service 
                        with respect to air transportation 
                        provided by such other member,
                then, for purposes of applying paragraph (1) of 
                subsection (a) to such no-additional-cost 
                service provided to such employees, such 
                qualified affiliate shall be treated as engaged 
                in the same line of business as such other 
                member.
                  (B) Qualified affiliate.--For purposes of 
                this paragraph, the term ``qualified 
                affiliate'' means any corporation which is 
                predominantly engaged in airline-related 
                services.
                  (C) Airline-related services.--For purposes 
                of this paragraph, the term ``airline-related 
                services'' means any of the following services 
                provided in connection with air transportation:
                          (i) Catering.
                          (ii) Baggage handling.
                          (iii) Ticketing and reservations.
                          (iv) Flight planning and weather 
                        analysis.
                          (v) Restaurants and gift shops 
                        located at an airport.
                          (vi) Such other similar services 
                        provided to the airline as the 
                        Secretary may prescribe.
                  (D) Affiliated group.--For purposes of this 
                paragraph, the term ``affiliated group'' has 
                the meaning given such term by section 1504(a).
          (6) Highly compensated employee.--For purposes of 
        this section, the term ``highly compensated employee'' 
        has the meaning given such term by section 414(q).
          (7) Air cargo.--For purposes of subsection (b), the 
        transportation of cargo by air and the transportation 
        of passengers by air shall be treated as the same 
        service.
          (8) Application of section to otherwise taxable 
        educational or training benefits.--Amounts paid or 
        expenses incurred by the employer for education or 
        training provided to the employee which are not 
        excludable from gross income under section 127 shall be 
        excluded from gross income under this section if (and 
        only if) such amounts or expenses are a working 
        condition fringe.
  (k) Customers not to include employees.--For purposes of this 
section (other than subsection (c)(2)), the term ``customers'' 
shall only include customers who are not employees.
  (l) Section not to apply to fringe benefits expressly 
provided for elsewhere.--This section (other than subsections 
(e) and (g)) shall not apply to any fringe benefits of a type 
the tax treatment of which is expressly provided for in any 
other section of this chapter.
  (m) Qualified retirement planning services.--
          (1) In general.--For purposes of this section, the 
        term ``qualified retirement planning services'' means 
        any retirement planning advice or information provided 
        to an employee and his spouse by an employer 
        maintaining a qualified employer plan.
          (2) Nondiscrimination rule.--Subsection (a)(7) shall 
        apply in the case of highly compensated employees only 
        if such services are available on substantially the 
        same terms to each member of the group of employees 
        normally provided education and information regarding 
        the employer's qualified employer plan.
          (3) Qualified employer plan.--For purposes of this 
        subsection, the term ``qualified employer plan'' means 
        a plan, contract, pension, or account described in 
        section 219(g)(5).
  (n) Qualified military base realignment and closure fringe.--
For purposes of this section--
          (1) In general.--The term ``qualified military base 
        realignment and closure fringe'' means 1 or more 
        payments under the authority of section 1013 of the 
        Demonstration Cities and Metropolitan Development Act 
        of 1966 (42 U.S.C. 3374) (as in effect on the date of 
        the enactment of the American Recovery and Reinvestment 
        Tax Act of 2009).
          (2) Limitation.--With respect to any property, such 
        term shall not include any payment referred to in 
        paragraph (1) to the extent that the sum of all of such 
        payments related to such property exceeds the maximum 
        amount described in subsection (c) of such section (as 
        in effect on such date).
  (o) Regulations.--The Secretary shall prescribe such 
regulations as may be necessary or appropriate to carry out the 
purposes of this section.

           *       *       *       *       *       *       *


PART VII--ADDITIONAL ITEMIZED DEDUCTIONS FOR INDIVIDUALS

           *       *       *       *       *       *       *



SEC. 217. MOVING EXPENSES.

  (a) Deduction allowed.--There shall be allowed as a deduction 
moving expenses paid or incurred during the taxable year in 
connection with the commencement of work by the taxpayer as an 
employee or as a self-employed individual at a new principal 
place of work.
  (b) Definition of moving expenses.--
          (1) In general.--For purposes of this section, the 
        term ``moving expenses'' means only the reasonable 
        expenses--
                  (A) of moving household goods and personal 
                effects from the former residence to the new 
                residence, and
                  (B) of traveling (including lodging) from the 
                former residence to the new place of residence.
        Such term shall not include any expenses for meals.
          (2) Individuals other than taxpayer.--In the case of 
        any individual other than the taxpayer, expenses 
        referred to in paragraph (1) shall be taken into 
        account only if such individual has both the former 
        residence and the new residence as his principal place 
        of abode and is a member of the taxpayer's household.
  (c) Conditions for allowance.--No deduction shall be allowed 
under this section unless--
          (1) the taxpayer's new principal place of work--
                  (A) is at least 50 miles farther from his 
                former residence than was his former principal 
                place of work, or
                  (B) if he had no former principal place of 
                work, is at least 50 miles from his former 
                residence, and
          (2) either--
                  (A) during the 12-month period immediately 
                following his arrival in the general location 
                of his new principal place of work, the 
                taxpayer is a full-time employee, in such 
                general location, during at least 39 weeks, or
                  (B) during the 24-month period immediately 
                following his arrival in the general location 
                of his new principal place of work, the 
                taxpayer is a full-time employee or performs 
                services as a self-employed individual on a 
                full-time basis, in such general location, 
                during at least 78 weeks, of which not less 
                than 39 weeks are during the 12-month period 
                referred to in subparagraph (A).
        For purposes of paragraph (1), the distance between two 
        points shall be the shortest of the more commonly 
        traveled routes between such two points.
  (d) Rules for application of subsection (c)(2).--
          (1) The condition of subsection (c)(2) shall not 
        apply if the taxpayer is unable to satisfy such 
        condition by reason of--
                  (A) death or disability, or
                  (B) involuntary separation (other than for 
                willful misconduct) from the service of, or 
                transfer for the benefit of, an employer after 
                obtaining full-time employment in which the 
                taxpayer could reasonably have been expected to 
                satisfy such condition.
          (2) If a taxpayer has not satisfied the condition of 
        subsection (c)(2) before the time prescribed by law 
        (including extensions thereof) for filing the return 
        for the taxable year during which he paid or incurred 
        moving expenses which would otherwise be deductible 
        under this section, but may still satisfy such 
        condition, then such expenses may (at the election of 
        the taxpayer) be deducted for such taxable year 
        notwithstanding subsection (c)(2).
          (3) If--
                  (A) for any taxable year moving expenses have 
                been deducted in accordance with the rule 
                provided in paragraph (2), and
                  (B) the condition of subsection (c)(2) cannot 
                be satisfied at the close of a subsequent 
                taxable year,
        then an amount equal to the expenses which were so 
        deducted shall be included in gross income for the 
        first such subsequent taxable year.
  (f) Self-employed individual.--For purposes of this section, 
the term ``self-employed individual'' means an individual who 
performs personal services--
          (1) as the owner of the entire interest in an 
        unincorporated trade or business, or
          (2) as a partner in a partnership carrying on a trade 
        or business.
  (g) Rules for members of the Armed Forces of the United 
States.--In the case of a member of the Armed Forces of the 
United States on active duty who moves pursuant to a military 
order and incident to a permanent change of station--
          (1) the limitations under subsection (c) shall not 
        apply;
          (2) any moving and storage expenses which are 
        furnished in kind (or for which reimbursement or an 
        allowance is provided, but only to the extent of the 
        expenses paid or incurred) to such member, his spouse, 
        or his dependents, shall not be includible in gross 
        income, and no reporting with respect to such expenses 
        shall be required by the Secretary of Defense or the 
        Secretary of Transportation, as the case may be; and
          (3) if moving and storage expenses are furnished in 
        kind (or if reimbursement or an allowance for such 
        expenses is provided) to such member's spouse and his 
        dependents with regard to moving to a location other 
        than the one to which such member moves (or from a 
        location other than the one from which such member 
        moves), this section shall apply with respect to the 
        moving expenses of his spouse and dependents--
                  (A) as if his spouse commenced work as an 
                employee at a new principal place of work at 
                such location; and
                  (B) without regard to the limitations under 
                subsection (c).
  (h) Special rules for foreign moves.--
          (1) Allowance of certain storage fees.--In the case 
        of a foreign move, for purposes of this section, the 
        moving expenses described in subsection (b)(1)(A) 
        include the reasonable expenses--
                  (A) of moving household goods and personal 
                effects to and from storage, and
                  (B) of storing such goods and effects for 
                part or all of the period during which the new 
                place of work continues to be the taxpayer's 
                principal place of work.
          (2) Foreign move.--For purposes of this subsection, 
        the term ``foreign move'' means the commencement of 
        work by the taxpayer at a new principal place of work 
        located outside the United States.
          (3) United States defined.--For purposes of this 
        subsection and subsection (i), the term ``United 
        States'' includes the possessions of the United States.
  (i) Allowance of deductions in case of retirees or decedents 
who were working abroad.--
          (1) In general.--In the case of any qualified retiree 
        moving expenses or qualified survivor moving expenses--
                  (A) this section (other than subsection (h)) 
                shall be applied with respect to such expenses 
                as if they were incurred in connection with the 
                commencement of work by the taxpayer as an 
                employee at a new principal place of work 
                located within the United States, and
                  (B) the limitations of subsection (c)(2) 
                shall not apply.
          (2) Qualified retiree moving expenses.--For purposes 
        of paragraph (1), the term ``qualified retiree moving 
        expenses'' means any moving expenses--
                  (A) which are incurred by an individual whose 
                former principal place of work and former 
                residence were outside the United States, and
                  (B) which are incurred for a move to a new 
                residence in the United States in connection 
                with the bona fide retirement of the 
                individual.
          (3) Qualified survivor moving expenses.--For purposes 
        of paragraph (1), the term ``qualified survivor moving 
        expenses'' means moving expenses--
                  (A) which are paid or incurred by the spouse 
                or any dependent of any decedent who (as of the 
                time of his death) had a principal place of 
                work outside the United States, and
                  (B) which are incurred for a move which 
                begins within 6 months after the death of such 
                decedent and which is to a residence in the 
                United States from a former residence outside 
                the United States which (as of the time of the 
                decedent's death) was the residence of such 
                decedent and the individual paying or incurring 
                the expense.
  (j) Regulations.--The Secretary shall prescribe such 
regulations as may be necessary to carry out the purposes of 
this section.
  (k) Suspension of deduction for taxable years 2018 through 
2025.--Except in the case of an individual to whom subsection 
(g) applies or an employee or new appointee of the intelligence 
community (as defined in section 3 of the National Security Act 
of 1947 (50 U.S.C. 3003)) (other than a member of the Armed 
Forces of the United States) who moves pursuant to a change in 
assignment that requires relocation, this section shall not 
apply to any taxable year beginning after December 31, 2017, 
and before January 1, 2026.

           *       *       *       *       *       *       *

                              ----------                              


        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004




           *       *       *       *       *       *       *
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

           *       *       *       *       *       *       *


Subtitle H--Transfer, Termination, Transition, and Other Provisions

           *       *       *       *       *       *       *


SEC. 1096. TRANSITIONAL AUTHORITIES.

  (a) In General.--(1) Upon the request of the Director of 
National Intelligence, the head of any executive agency may, on 
a reimbursable basis, provide services or detail personnel to 
the Director of National Intelligence. Any records of the 
Office of the Director of National Intelligence that are 
maintained by the agency as a service for the Office of the 
Director of National Intelligence under section 1535 of title 
31, United States Code, (popularly known as the ``Economy 
Act'') may be treated as the records of the agency when 
dispositioned as required by law, and any disclosure of such 
records between the two agencies shall not be subject to any 
otherwise applicable legal consent requirements or disclosure 
accounting requirements.
  (2) The records of the Office of the Director of National 
Intelligence may not be dispositioned pursuant to paragraph (1) 
without the authorization of the Director of National 
Intelligence.
  (b) Transfer of Personnel.--In addition to any other 
authorities available under law for such purposes, in the 
fiscal years 2005 and 2006, the Director of National 
Intelligence--
          (1) is authorized within the Office of the Director 
        of National Intelligence the total of 500 new personnel 
        positions; and
          (2) with the approval of the Director of the Office 
        of Management and Budget, may detail not more than 150 
        personnel funded within the National Intelligence 
        Program to the Office of the Director of National 
        Intelligence for a period of not more than 2 years.

           *       *       *       *       *       *       *

                              ----------                              


                CENTRAL INTELLIGENCE AGENCY ACT OF 1949




           *       *       *       *       *       *       *
                          general authorities

  Sec. 5. (a) In General.--In the performance of its functions, 
the Central Intelligence Agency is authorized to--
  (1) Transfer to and receive from other Government agencies 
such sums as may be approved by the Office of Management and 
Budget, for the performance of any of the functions or 
activities authorized under section 104A of the National 
Security Act of 1947 (50 U.S.C. 403-4a), and any other 
Government agency is authorized to transfer to or receive from 
the Agency such sums without regard to any provisions of law 
limiting or prohibiting transfers between appropriations. Sums 
transferred to the Agency in accordance with this paragraph may 
be expended for the purposes and under the authority of this 
Act without regard to limitations of appropriations from which 
transferred;
  (2) Exchange funds without regard to section 3651 Revised 
Statutes (31 U.S.C. 543);
  (3) Reimburse other Government agencies for services of 
personnel assigned to the Agency, and such other Government 
agencies are hereby authorized, without regard to provisions of 
law to the contrary, so to assign or detail any officer or 
employee for duty with the Agency;
  [(4) Authorize personnel designated by the Director to carry 
firearms to the extent necessary for the performance of the 
Agency's authorized functions, except that, within the United 
States, such authority shall be limited to the purposes of 
protection of classified materials and information, the 
training of Agency personnel and other authorized persons in 
the use of firearms, the protection of Agency installations and 
property, the protection of current and former Agency personnel 
and their immediate families, defectors and their immediate 
families, and other persons in the United States under Agency 
auspices, and the protection of the Director of National 
Intelligence and current and former personnel of the Office of 
the Director of National Intelligence and their immediate 
families as the Director of National Intelligence may 
designate;]
  (4) Authorize personnel designated by the Director to carry 
firearms to the extent necessary for the performance of the 
Agency's authorized functions, except that, within the United 
States, such authority shall be limited to the purposes of--
          (A) the training of Agency personnel and other 
        authorized persons in the use of firearms;
          (B) the protection of classified materials and 
        information;
          (C) the protection of installations and property of 
        the Agency;
          (D) the protection of--
                  (i) current and former Agency personnel and 
                their immediate families;
                  (ii) individuals nominated by the President 
                to the position of Director (including with 
                respect to an individual whom a President-elect 
                (as defined in section 3(c) of the Presidential 
                Transition Act of 1963 (3 U.S.C. 102 note) has 
                declared an intent to nominate) and their 
                immediate families; and
                  (iii) defectors and their immediate families, 
                and other persons in the United States under 
                Agency auspices; and
          (E) with respect to the Office of the Director of 
        National Intelligence, the protection of--
                  (i) installations and property of the Office 
                of the Director of National Intelligence 
                pursuant to section 15(a)(1);
                  (ii) the Director of National Intelligence;
                  (iii) current and former personnel of the 
                Office of the Director of National Intelligence 
                and their immediate families as the Director of 
                National Intelligence may designate; and
                  (iv) individuals nominated by the President 
                to the position of Director of National 
                Intelligence (including with respect to an 
                individual whom a President-elect has declared 
                an intent to nominate) and their immediate 
                families;
  (5) Make alterations, improvements, and repairs on premises 
rented by the Agency, and pay rent therefor;
  (6) Determine and fix the minimum and maximum limits of age 
within which an original appointment may be made to an 
operational position within the Agency, notwithstanding the 
provision of any other law, in accordance with such criteria as 
the Director, in his discretion, may prescribe;
          (7) Notwithstanding section 1341(a)(1) of title 31, 
        United States Code, enter into multiyear leases for up 
        to 15 years; and
          (8) Upon the approval of the Director, provide, 
        during any fiscal year, with or without reimbursement, 
        subsistence to any personnel assigned to an overseas 
        location designated by the Agency as an austere 
        location.
  (b) Scope of Authority for Expenditure.--(1) The authority to 
enter into a multiyear lease under subsection (a)(7) shall be 
subject to appropriations provided in advance for--
          (A) the entire lease; or
          (B) the first 12 months of the lease and the 
        Government's estimated termination liability.
  (2) In the case of any such lease entered into under 
subparagraph (B) of paragraph (1)--
          (A) such lease shall include a clause that provides 
        that the contract shall be terminated if budget 
        authority (as defined by section 3(2) of the 
        Congressional Budget and Impoundment Control Act of 
        1974 (2 U.S.C. 622(2))) is not provided specifically 
        for that project in an appropriations Act in advance of 
        an obligation of funds in respect thereto;
          (B) notwithstanding section 1552 of title 31, United 
        States Code, amounts obligated for paying termination 
        costs with respect to such lease shall remain available 
        until the costs associated with termination of such 
        lease are paid;
          (C) funds available for termination liability shall 
        remain available to satisfy rental obligations with 
        respect to such lease in subsequent fiscal years in the 
        event such lease is not terminated early, but only to 
        the extent those funds are in excess of the amount of 
        termination liability at the time of their use to 
        satisfy such rental obligations; and
          (D) funds appropriated for a fiscal year may be used 
        to make payments on such lease, for a maximum of 12 
        months, beginning any time during such fiscal year.
  (c) Transfers for Acquisition of Land.--(1) Sums appropriated 
or otherwise made available to the Agency for the acquisition 
of land that are transferred to another department or agency 
for that purpose shall remain available for 3 years.
  (2) The Director shall 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 
transfer of sums described in paragraph (1) each time that 
authority is exercised.

           *       *       *       *       *       *       *


                             appropriations

  Sec. 8. (a) Notwithstanding any other provisions of law, sums 
made available to the Agency by appropriation or otherwise may 
be expended for purposes necessary to carry out its functions, 
including--
          (1) personal services, including personal services 
        without regard to limitations on types of persons to be 
        employed, and rent at the seat of government and 
        elsewhere; health-service program as authorized by law 
        (5 U.S.C. 150);payment of death benefits in cases in 
        which the circumstances of the death of an employee of 
        the Agency, a detailee of the Agency or other employee 
        of another department or agency of the Federal 
        Government assigned to the Agency, or an individual 
        affiliated with the Agency (as determined by the 
        Director), is not covered by section 11, other similar 
        provisions of Federal law, or any regulation issued by 
        the Director providing death benefits, but that the 
        Director determines such payment appropriate; rental of 
        news-reporting services; purchase or rental and 
        operation of photographic, reproduction, cryptographic, 
        duplication and printing machines, equipment and 
        devices, and radio-receiving and radio-sending 
        equipment and devices, including telegraph and teletype 
        equipment; purchase, maintenance, operation, repair, 
        and hire of passenger motor vehicles, and aircraft, and 
        vessels of all kinds; subject to policies established 
        by the Director, transportation of officers and 
        employees of the Agency in Government-owned automotive 
        equipment between their domiciles and places of 
        employment, where such personnel are engaged in work 
        which makes such transportation necessary, and 
        transportation in such equipment, to and from school, 
        of children of Agency personnel who have quarters for 
        themselves and their families at isolated stations 
        outside the continental United States where adequate 
        public or private transportation is not available; 
        printing and binding; purchase, maintenance, and 
        cleaning of firearms, including purchase, storage, and 
        maintenance of ammunition; subject to policies 
        established by the Director, expenses of travel in 
        connection with, and expenses incident to attendance at 
        meetings of professional, technical, scientific, and 
        other similar organizations when such attendance would 
        be a benefit in the conduct of the work of the Agency; 
        association and library dues; payment of premiums or 
        costs of surety bonds for officers or employees without 
        regard to the provisions of 61 Stat. 646; 6 U.S.C. 14; 
        payment of claims pursuant to 28 U.S.C.; acquisition of 
        necessary land and the clearing of such land; 
        construction of buildings and facilities without regard 
        to 36 Stat. 699; 40 U.S.C. 259, 267; repair, rental, 
        operation, and maintenance of buildings, utilities, 
        facilities, and appurtenances; and
          (2) supplies, equipment, and personnel and 
        contractual services otherwise authorized by law and 
        regulations, when approved by the Director.
  (b) The sums made available to the Agency may be expended 
without regard to the provisions of law and regulations 
relating to the expenditure of Government funds; and for 
objects of a confidential, extraordinary, or emergency nature, 
such expenditures to be accounted for solely on the certificate 
of the Director and every such certificate shall be deemed a 
sufficient voucher for the amount therein certified.
  (c) Notification.--Not later than 30 days after the date on 
which the Director makes a novel or significant expenditure 
pursuant to subsection (a), the Director shall notify the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate of such expenditure.

           *       *       *       *       *       *       *


               security personnel at agency installations

  Sec. 15. (a)(1) The Director may authorize Agency personnel 
within the United States to perform the same functions as 
officers and agents of the Department of Homeland Security, as 
provided in section 1315(b)(2) of title 40, United States Code, 
with the powers set forth in that section, except that such 
personnel shall perform such functions and exercise such 
powers--
          (A) within the Agency Headquarters Compound and the 
        property controlled and occupied by the Federal Highway 
        Administration located immediately adjacent to such 
        Compound;
          (B) in the streets, sidewalks, and the open areas 
        within the zone beginning at the outside boundary of 
        such Compound and property and extending outward 500 
        yards;
          (C) within any other Agency installation and 
        protected property[; and];
          (D) within any facility or installation operated by 
        the Director of National Intelligence; and
          [(D)] (E) in the streets, sidewalks, and open areas 
        within the zone beginning at the outside boundary of 
        any installation or property referred to in 
        [subparagraph (C)] subparagraph (C) or (D), and 
        extending outward 500 yards.
  (2) The performance of functions and exercise of powers under 
subparagraph (B) or [(D)] (E) of paragraph (1) shall be limited 
to those circumstances where such personnel can identify 
specific and articulable facts giving such personnel reason to 
believe that the performance of such functions and exercise of 
such powers is reasonable to protect against physical damage or 
injury, or threats of physical damage or injury, to Agency 
installations, property, or employees.
  (3) Nothing in this subsection shall be construed to 
preclude, or limit in any way, the authority of any Federal, 
State, or local law enforcement agency, or any other Federal 
police or Federal protective service.
  (4) [The rules] (A)  Except as provided in subparagraph (B), 
the rules and regulations enforced by such personnel shall be 
the rules and regulations prescribed by the Director and shall 
only be applicable to the areas referred to in subparagraph (A) 
or (C) of paragraph (1).
  (B) With respect to the areas referred to in subparagraph (D) 
of paragraph (1), the rules and regulations enforced by such 
personnel and applicable to such areas shall be the rules and 
regulations prescribed by the Director, in coordination with 
the Director of National Intelligence.
  (b) The Director is authorized to establish penalties for 
violations of the rules or regulations promulgated by the 
Director under subsection (a) of this section. Such penalties 
shall not exceed those specified in section 1315(c)(2) of title 
40, United States Code.
  (c) Agency personnel designated by the Director under 
subsection (a) of this section shall be clearly identifiable as 
United States Government security personnel while engaged in 
the performance of the functions to which subsection (a) of 
this section refers.
  (d)(1) Notwithstanding any other provision of law, any Agency 
personnel designated by the Director under subsection (a), or 
[designated by the Director under section 5(a)(4) to carry 
firearms for the protection of current or former Agency 
personnel and their immediate families, defectors and their 
immediate families, and other persons in the United States 
under Agency auspices,] designated by the Director to carry 
firearms under subparagraph (D) of section 5(a)(4) or clause 
(ii), (iii), or (iv) of subparagraph (E) of such section, shall 
be considered for purposes of chapter 171 of title 28, United 
States Code, or any other provision of law relating to tort 
liability, to be acting within the scope of their office or 
employment when such Agency personnel take reasonable action, 
which may include the use of force, to--
          (A) protect an individual in the presence of such 
        Agency personnel from a crime of violence;
          (B) provide immediate assistance to an individual who 
        has suffered or who is threatened with bodily harm; or
          (C) prevent the escape of any individual whom such 
        Agency personnel reasonably believe to have committed a 
        crime of violence in the presence of such Agency 
        personnel.
  (2) Paragraph (1) shall not affect the authorities of the 
Attorney General under section 2679 of title 28, United States 
Code.
  (3) In this subsection, the term ``crime of violence'' has 
the meaning given that term in section 16 of title 18, United 
States Code.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 10, UNITED STATES CODE




           *       *       *       *       *       *       *
Subtitle A--GENERAL MILITARY LAW

           *       *       *       *       *       *       *


PART I--ORGANIZATION AND GENERAL MILITARY POWERS

           *       *       *       *       *       *       *


CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE

           *       *       *       *       *       *       *



Sec. 137. Under Secretary of Defense for Intelligence and Security

  (a) There is an Under Secretary of Defense for Intelligence 
and Security, appointed from civilian life by the President, by 
and with the advice and consent of the Senate. A person may not 
be appointed as Under Secretary within seven years after relief 
from active duty as a commissioned officer of a regular 
component of an armed force.
  (b) Subject to the authority, direction, and control of the 
Secretary of Defense, the Under Secretary of Defense for 
Intelligence and Security shall--
          (1) have responsibility for the overall direction and 
        supervision for policy, program planning and execution, 
        and use of resources, for the activities of the 
        Department of Defense that are part of the Military 
        Intelligence Program;
          (2) execute the functions for the National 
        Intelligence Program of the Department of Defense under 
        section 105 of the National Security Act of 1947 (50 
        U.S.C. 3038), as delegated by the Secretary of Defense;
          (3) have responsibility for the overall direction and 
        supervision for policy, program planning and execution, 
        and use of resources, for personnel security, physical 
        security, industrial security, and the protection of 
        classified information and controlled unclassified 
        information, related activities of the Department of 
        Defense; and
          (4) perform such duties and exercise such powers as 
        the Secretary of Defense may prescribe in the area of 
        intelligence.
  (c) The protection of privacy and civil liberties in 
accordance with Federal law and the regulations and directives 
of the Department of Defense shall be a top priority for the 
Under Secretary of Defense for Intelligence and Security.
  (d) The Under Secretary of Defense for Intelligence and 
Security takes precedence in the Department of Defense after 
the Under Secretary of Defense for Personnel and Readiness.
  (e) The Secretary of Defense shall ensure that not fewer than 
one of the Deputy Directors for Defense Intelligence (or such 
successor positions) is responsible for warfighter support. An 
individual appointed to that position shall be a general or 
flag officer serving in a joint duty assignment.

           *       *       *       *       *       *       *


                           PART II--PERSONNEL

Chap.                                                               Sec.
      Enlistments....................................................501
     * * * * * * *
1801Cover Enhancement Authorities.....................................

           *       *       *       *       *       *       *


               CHAPTER 89--COVER ENHANCEMENT AUTHORITIES

Sec.
1801. Definitions.
1802. Cover enhancement authority.
1803. Compensation.
1804. Retirement benefits.
1805. Health insurance benefits.
1806. Life insurance benefits.
1807. Exemption from certain requirements.
1808. Taxation and social security.
1809. Regulations.
1810. Finality of decisions.
1811. Subsequently enacted laws.

Sec. 1801. Definitions

  In this chapter:
          (1) The term ``designated employee'' means an 
        employee of the Department of Defense designated by the 
        Secretary of Defense under section 1802(b).
          (2) The term ``designated member'' means a member of 
        the armed forces designated by the Secretary of Defense 
        under section 1802(b).
          (3) The term ``Federal retirement system'' includes 
        the Federal Employees' Retirement System (including the 
        Thrift Savings Plan).
          (4) The term ``military retirement system'' includes 
        military retired pay programs under chapters 61, 63, 
        65, and 67 of this title and the Survivor Benefit Plan 
        established by chapter 73 of this title.

Sec. 1802. Cover enhancement authority

  (a) Authority.--Notwithstanding any other provision of law, 
the Secretary of Defense may exercise the authorities under 
this chapter to protect from unauthorized disclosure--
          (1) intelligence operations of the Department of 
        Defense;
          (2) the identities of undercover officers;
          (3) intelligence sources and methods; or
          (4) cover mechanisms.
  (b) Designation of Employees and Members.--(1) Subject to 
paragraph (2), the Secretary of Defense may designate any 
employee of the Department of Defense or member of the armed 
forces who is under cover to be an employee or a member to whom 
this chapter applies.
  (2) The Secretary of Defense may not designate more than 15 
persons under paragraph (1) in a fiscal year unless the 
Secretary provides notice of the intent to designate more than 
15 persons in such fiscal year to the congressional defense 
committees and the congressional intelligence committees (as 
such term is defined in section 3 of the National Security Act 
of 1957 (50 U.S.C. 3003)).
  (3) A designation may be made under this subsection with 
respect to any or all authorities exercised under this chapter.
  (c) Interagency Coordination and Support.--Establishment of 
any such cover enhancement authority for intelligence 
operations of the Department of Defense shall be pre-
coordinated using processes and procedures for intelligence 
community deconfliction mutually agreed upon by the Secretary 
of Defense and the Director of the Central Intelligence Agency.

Sec. 1803. Compensation

  The Secretary of Defense may pay a designated employee or 
designated member salary, allowances, and other benefits in an 
amount and in a manner consistent with the cover of that 
employee or member, without regard to any limitation that is 
otherwise applicable to a Federal employee or member of the 
armed forces. A designated employee or designated member may 
accept, use, and, to the extent authorized by regulations 
prescribed under this chapter, retain any salary, allowances, 
and other benefits provided under this chapter.

Sec. 1804. Retirement benefits

  (a) Establishment of Retirement System.--The Secretary of 
Defense may establish, administer, contract for, or implement 
through another Federal department or agency, a cover 
retirement system for designated employees and designated 
members (and the spouse, former spouses, and survivors of such 
designated employees and designated members). A designated 
employee or designated member may not receive credit for 
service under the retirement system established under this 
paragraph and another Federal retirement system for the same 
time period.
  (b) Conversion to Other Federal Retirement System.--A 
designated employee or designated member participating in the 
retirement system established under subsection (a) may convert 
to coverage under the Federal retirement system or military 
retirement system that would otherwise apply to such employee 
or member at any appropriate time determined by the Secretary 
of Defense (including at the time of separation of service by 
reason of retirement), if the Secretary of Defense determines 
that the participation of the employee or member in the 
retirement system established under this subsection is no 
longer necessary to protect from unauthorized disclosure--
          (1) intelligence operations;
          (2) the identities of undercover officers;
          (3) intelligence sources and methods; or
          (4) cover mechanisms.
  (c) Conversion Treatment.--Upon a conversion under subsection 
(b)--
          (1) all periods of service under the retirement 
        system established under this section shall be deemed 
        periods of creditable service under the applicable 
        Federal retirement system or military retirement 
        system;
          (2) the Secretary of Defense shall transmit an amount 
        for deposit in any applicable fund of that Federal 
        retirement system or military retirement system that--
                  (A) is necessary to cover all employee or 
                member and agency contributions including--
                          (i) interest as determined by the 
                        head of the agency administering the 
                        Federal retirement system or military 
                        retirement system into which the 
                        employee or member is converting; or
                          (ii) in the case of an employee or 
                        member converting into the Federal 
                        Employee's Retirement System or 
                        military retirement system, interest as 
                        determined under chapter 84 of title 5 
                        or chapter 74 of this title, as the 
                        case may be; and
                  (B) ensures that such conversion does not 
                result in any unfunded liability to that fund; 
                and
          (3) in the case of a designated employee or 
        designated member who participated in an employee or 
        member investment retirement system established under 
        subsection (a) and is converted to coverage under the 
        Federal retirement system or military retirement 
        system, the Secretary of Defense may transmit any or 
        all amounts of that designated employee or designated 
        member in that employee or military investment 
        retirement system (or similar part of that retirement 
        system) to the Thrift Savings Fund.
  (d) Transmitted Amounts.--(1) Amounts described under 
subsection (c)(2) shall be paid from any fund the Secretary of 
Defense deems appropriate.
  (2) The Secretary of Defense may use amounts contributed by 
the designated employee or designated member to a retirement 
system established under subsection (a) to offset amounts paid 
under paragraph (1).
  (e) Records.--The Secretary of Defense shall transmit all 
necessary records relating to a designated employee or 
designated member who converts to a Federal retirement system 
or military retirement system under subsection (b) (including 
records relating to periods of service which are deemed to be 
periods of creditable service under subsection (c)(1)) to the 
head of the agency administering that Federal retirement system 
or military retirement system.

Sec. 1805. Health insurance benefits

  (a) In General.--The Secretary of Defense may establish, 
administer, contract for, or implement through another Federal 
agency, a cover health insurance program for designated 
employees and designated members and eligible family members. A 
designated employee or designated member may not participate in 
the health insurance program established under this section and 
the program under chapter 89 of title 5 or chapter 55 of this 
title at the same time.
  (b) Conversion to Federal Employees Health Benefits 
Program.--A designated employee participating in the health 
insurance program established under subsection (a) may convert 
to coverage under the program under chapter 89 of title 5, and 
a designated member participating in the program established 
under subsection (a) may convert to coverage under the program 
under chapter 55 of this title or chapter 17 of title 38, at 
any appropriate time determined by the Secretary of Defense 
(including at the time of separation of service by reason of 
retirement), if the Secretary of Defense determines that the 
participation of the employee or member in the health insurance 
program established under this subsection is no longer 
necessary to protect from unauthorized disclosure--
          (1) intelligence operations;
          (2) the identities of undercover officers;
          (3) intelligence sources and methods; or
          (4) cover mechanisms.
  (c) Conversion Treatment.--Upon a conversion of a designated 
employee under subsection (b)--
          (1) the employee (and family, if applicable) shall be 
        entitled to immediate enrollment and coverage under 
        chapter 89 of title 5;
          (2) any requirement of prior enrollment in a health 
        benefits plan under chapter 89 of title 5 for 
        continuation of coverage purposes shall not apply;
          (3) the employee shall be deemed to have had coverage 
        under chapter 89 of title 5 from the first opportunity 
        to enroll for purposes of continuing coverage; and
          (4) the Secretary of Defense shall transmit an amount 
        for deposit in the Employees' Health Benefits Fund that 
        is necessary to cover any costs of such conversion.
  (d) Transmitted Amounts.--Any amount described under 
subsection (c)(4) shall be paid from any fund the Secretary of 
Defense deems appropriate.
  (e) Eligible Family Member Defined.--In this section, the 
term ``eligible family member'' means--
          (1) with respect to an employee, a member of a family 
        as defined in section 8901 of title 5; and
          (2) with respect to a member of the armed forces, a 
        dependent as defined in section 1072 of this title.

Sec. 1806. Life insurance benefits

  (a) In General.--The Secretary of Defense may establish, 
administer, contract for, or implement through another Federal 
agency, a cover life insurance program for designated employees 
and designated members (and the family of such designated 
employees or designated members). A designated employee or 
designated member may not participate in the life insurance 
program established under this section and the program under 
chapter 87 of title 5 for the same time period.
  (b) Conversion to Federal Employees Group Life Insurance 
Program.--A designated employee participating in the life 
insurance program established under subsection (a) may convert 
to coverage under the program under chapter 87 of title 5, and 
a designated member participating in the life insurance program 
established under subsection (a) may convert to coverage under 
the program under chapter 19 of title 38, at any appropriate 
time determined by the Secretary of Defense (including at the 
time of separation of service by reason of retirement), if the 
Secretary of Defense determines that the participation of the 
employee or member in the life insurance program established 
under this section is no longer necessary to protect from 
unauthorized disclosure--
          (1) intelligence operations;
          (2) the identities of undercover officers;
          (3) intelligence sources and methods; or
          (4) cover mechanisms.
  (c) Conversion Treatment.--Upon a conversion of a designated 
employee under subsection (b)--
          (1) the employee (and family, if applicable) shall be 
        entitled to immediate coverage under chapter 87 of 
        title 5;
          (2) any requirement of prior enrollment in a life 
        insurance program under chapter 87 of title 5 for 
        continuation of coverage purposes shall not apply;
          (3) the employee shall be deemed to have had coverage 
        under chapter 87 of title 5 for the full period of 
        service during which the employee would have been 
        entitled to be insured for purposes of continuing 
        coverage; and
          (4) the Secretary of Defense shall transmit an amount 
        for deposit in the Employees' Life Insurance Fund that 
        is necessary to cover any costs of such conversion.
  (d) Transmitted Amounts.--Any amount described under 
subsection (c)(4) shall be paid from any fund the Secretary of 
Defense deems appropriate.

Sec. 1807. Exemption from certain requirements

  The Secretary of Defense may exempt a designated employee or 
designated member from mandatory compliance with any Federal 
regulation, rule, standardized administrative policy, process, 
or procedure that the Secretary of Defense determines--
          (1) would be inconsistent with the cover of that 
        employee or member; and
          (2) could expose that employee to detection as a 
        Federal employee or that member as a member of the 
        armed forces.

Sec. 1808. Taxation and social security

  (a) In General.--Notwithstanding any other provision of law, 
a designated employee or designated member--
          (1) shall file a Federal or State tax return as if 
        that employee or member is not a Federal employee or 
        member of the armed forces and may claim and receive 
        the benefit of any exclusion, deduction, tax credit, or 
        other tax treatment that would otherwise apply if that 
        designated employee was not a Federal employee or that 
        designated member was not a member of the armed forces, 
        if the Secretary of Defense determines that taking any 
        action under this subsection is necessary to protect 
        from unauthorized disclosure--
                  (A) intelligence operations;
                  (B) the identities of undercover officers;
                  (C) intelligence sources and methods; or
                  (D) cover mechanisms; and
          (2) shall receive social security benefits based on 
        the social security contributions made.
  (b) Compensation for Certain Increased Tax Liability.--In the 
case of a designated employee or designated member who files a 
tax return as provided in subsection (a)(1), the Secretary may 
increase (on a grossed-up basis) the compensation of such 
employee or member under section 1803 to account for any 
increased income tax liability attributable to having so filed.
  (c) Internal Revenue Service Review.--The Secretary of 
Defense shall establish procedures to carry out this section. 
The procedures shall be subject to periodic review by the 
Internal Revenue Service.

Sec. 1809. Regulations

  The Secretary of Defense shall prescribe regulations to carry 
out this chapter. The regulations shall ensure that the 
combination of salary, allowances, and benefits that an 
employee or member designated under this chapter may retain 
does not significantly exceed, except to the extent determined 
by the Secretary of Defense to be necessary to exercise the 
authority in this chapter, the combination of salary, 
allowances, and benefits otherwise received by employees or 
members not designated under this chapter.

Sec. 1810. Finality of decisions

  Any determinations authorized by this chapter to be made by 
the Secretary of Defense or a designee of the Secretary shall 
be final and conclusive and may not be subject to review by any 
court.

Sec. 1811. Subsequently enacted laws

  No law enacted after the effective date of this chapter shall 
affect the authorities and provisions of this chapter unless 
such law specifically refers to this chapter.

           *       *       *       *       *       *       *


SUBTITLE B--ARMY

           *       *       *       *       *       *       *


PART II--PERSONNEL

           *       *       *       *       *       *       *


                    CHAPTER 747--CIVILIAN EMPLOYEES


Sec.
     * * * * * * *
[7377. Civilian special agents of the Criminal Investigation Command: 
          authority to execute warrants and make arrests.]
7377. Civilian special agents of the Criminal Investigation Command and 
          Army Counterintelligence Command: authority to execute 
          warrants and make arrests.

           *       *       *       *       *       *       *


Sec. 7377. Civilian special agents of the Criminal Investigation 
                    Command  and Army Counterintelligence Command: 
                    authority to execute warrants and make arrests

  (a) Authority.--The Secretary of the Army may authorize any 
Department of the Army civilian employee described in 
subsection (b) to have the same authority to execute and serve 
warrants and other processes issued under the authority of the 
United States and to make arrests without a warrant as may be 
authorized under section 1585a of this title for special agents 
of the Defense Criminal Investigative Service.
  (b) Agents To Have Authority.--Subsection (a) applies to [any 
employee of the Department of the Army who is a special agent] 
any employee of the Department of the Army who is--
          (1) a special agent  of the Army Criminal 
        Investigation Command (or a successor to that command) 
        whose duties include conducting, supervising, or 
        coordinating investigations of criminal activity in 
        programs and operations of the Department of the 
        Army[.]; or
          (2) a special agent of the Army Counterintelligence 
        Command (or a successor to that command) whose duties 
        include conducting, supervising, or coordinating 
        counterintelligence investigations involving potential 
        or alleged violations punishable under chapter 37, 
        113B, or 115 of title 18, and similar offenses 
        punishable under this title.
  (c) Guidelines for Exercise of Authority.--The authority 
provided under subsection (a) shall be exercised in accordance 
with guidelines prescribed by the Secretary of the Army and 
approved by the Secretary of Defense and the Attorney General 
and any other applicable guidelines prescribed by the Secretary 
of the Army, the Secretary of Defense, or the Attorney General.

           *       *       *       *       *       *       *

                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022




           *       *       *       *       *       *       *
DIVISION X--INTELLIGENCE AUTHORIZATION FOR FISCAL YEAR 2022

           *       *       *       *       *       *       *


TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

           *       *       *       *       *       *       *


SEC. 309. DEVELOPMENT OF DEFINITIONS FOR CERTAIN TERMS RELATING TO 
                    INTELLIGENCE.

  (a) Development.--Not later than September 30, 2023, the 
Director of National Intelligence and the Under Secretary of 
Defense for Intelligence and Security, in consultation with the 
heads of the elements of the intelligence community, shall 
jointly develop and publish definitions for the following 
terms:
          (1) Acoustic intelligence.
          (2) All-source intelligence.
          (3) Artificial intelligence.
          [(3)] (4) Communications intelligence.
          [(4)] (5) Critical intelligence.
          [(5)] (6) Cyber-threat intelligence.
          [(6)] (7) Electronic intelligence.
          [(7)] (8) Explosive ordnance intelligence.
          [(8)] (9) General military intelligence.
          [(9)] (10) Imagery intelligence.
          [(10)] (11) Geospatial intelligence.
          [(11)] (12) Instrumentation signals intelligence.
          [(12)] (13) Intelligence-related activity.
          [(13)] (14) Joint intelligence.
          [(14)] (15) Measurement and signature intelligence.
          [(15)] (16) Medical intelligence.
          [(16)] (17) Open-source intelligence.
          [(17)] (18) Operational intelligence.
          [(18)] (19) Scientific and technical intelligence.
          [(19)] (20) Signals intelligence.
          [(20)] (21) Strategic intelligence.
          [(21)] (22) Tactical intelligence.
          [(22)] (23) Target intelligence.
          [(23)] (24) Technical intelligence.
          [(24)] (25) Such others terms as may be jointly 
        determined necessary by the Director of National 
        Intelligence and the Under Secretary of Defense for 
        Intelligence and Security.
  (b) Application to Activities of Intelligence Community.--The 
Director of National Intelligence shall ensure that the 
definitions developed under subsection (a) are used uniformly 
across activities of the intelligence community with respect to 
the corresponding terms specified in such subsection.
  (c) Notice of Modifications.--The Director of National 
Intelligence and the Under Secretary of Defense for 
Intelligence shall submit to the appropriate congressional 
committees notification of any modification by the Director and 
Under Secretary to a definition of a term specified in 
subsection (a) following the initial publication of the 
definition under such subsection.
  (d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the congressional intelligence committees; and
          (2) the Committees on Armed Services of the House of 
        Representatives and the Senate.

           *       *       *       *       *       *       *

                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016




           *       *       *       *       *       *       *
    DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016

  Sec. 1. SHORT TITLE; TABLE OF CONTENTS.
  (a) Short Title.--This division may be cited as the 
``Intelligence Authorization Act for Fiscal Year 2016''.
  (b) Table of Contents.--The table of contents for this 
division is as follows:

     DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016

Sec. 1. Short title; table of contents.
     * * * * * * *

             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

                 Subtitle A--Matters Relating to Russia

Sec. 501. Notice of deployment or transfer of [Club-K container missile 
          system by the Russian Federation]containerized missile system 
          by Russia or certain other countries.

           *       *       *       *       *       *       *


                                TITLE V


                 MATTERS RELATING TO FOREIGN COUNTRIES


                 Subtitle A--Matters Relating to Russia


SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF [CLUB-K CONTAINER MISSILE 
                    SYSTEM BY THE RUSSIAN FEDERATION]  CONTAINERIZED 
                    MISSILE SYSTEM BY RUSSIA OR CERTAIN OTHER 
                    COUNTRIES.

  (a) Notice to Congress.--The Director of National 
Intelligence shall submit to the appropriate congressional 
committees written notice if the intelligence community 
receives intelligence that [the Russian Federation] a covered 
country has--
          (1) deployed, or is about to [deploy, the] deploy, a 
        [Club-K container missile system] missile launcher 
        disguised as or concealed in a shipping container 
        through [the Russian military] the military of the 
        covered country; or
          (2) transferred or sold, or intends to transfer or 
        sell, the [Club-K container missile system] missile 
        launcher disguised as or concealed in a shipping 
        container to another state or non-state actor.
  (b) Notice to Congressional Intelligence Committees.--Not 
later than 30 days after the date on which the Director submits 
a notice under subsection (a), the Director shall submit to the 
congressional intelligence committees a written update 
regarding any intelligence community engagement with a foreign 
partner on the deployment and impacts of a deployment of the 
[Club-K container missile system] missile launcher disguised as 
or concealed in a shipping container to any potentially 
impacted nation.
  [(c) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means the following:
          [(1) The congressional intelligence committees.
          [(2) The Committees on Armed Services of the House of 
        Representatives and the Senate.
          [(3) The Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.]
  (c) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        following:
                  (A) The congressional intelligence 
                committees.
                  (B) The Committees on Armed Services of the 
                House of Representatives and the Senate.
                  (C) The Committee on Foreign Affairs of the 
                House of Representatives and the Committee on 
                Foreign Relations of the Senate.
          (2) Covered country.--The term ``covered country'' 
        means the following:
                  (A) Russia.
                  (B) China.
                  (C) Iran.
                  (D) North Korea.

           *       *       *       *       *       *       *

                              ----------                              


            FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007


[SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.

  [(a) Short Title.--This section may be cited as the ``Federal 
Agency Data Mining Reporting Act of 2007''.
  [(b) Definitions.--In this section:
          [(1) Data mining.--The term ``data mining'' means a 
        program involving pattern-based queries, searches, or 
        other analyses of 1 or more electronic databases, 
        where--
                  [(A) a department or agency of the Federal 
                Government, or a non-Federal entity acting on 
                behalf of the Federal Government, is conducting 
                the queries, searches, or other analyses to 
                discover or locate a predictive pattern or 
                anomaly indicative of terrorist or criminal 
                activity on the part of any individual or 
                individuals;
                  [(B) the queries, searches, or other analyses 
                are not subject-based and do not use personal 
                identifiers of a specific individual, or inputs 
                associated with a specific individual or group 
                of individuals, to retrieve information from 
                the database or databases; and
                  [(C) the purpose of the queries, searches, or 
                other analyses is not solely--
                          [(i) the detection of fraud, waste, 
                        or abuse in a Government agency or 
                        program; or
                          [(ii) the security of a Government 
                        computer system.
          [(2) Database.--The term ``database'' does not 
        include telephone directories, news reporting, 
        information publicly available to any member of the 
        public without payment of a fee, or databases of 
        judicial and administrative opinions or other legal 
        research sources.
  [(c) Reports on Data Mining Activities by Federal Agencies.--
          [(1) Requirement for report.--The head of each 
        department or agency of the Federal Government that is 
        engaged in any activity to use or develop data mining 
        shall submit a report to Congress on all such 
        activities of the department or agency under the 
        jurisdiction of that official. The report shall be 
        produced in coordination with the privacy officer of 
        that department or agency, if applicable, and shall be 
        made available to the public, except for an annex 
        described in subparagraph (C).
          [(2) Content of report.--Each report submitted under 
        subparagraph (A) shall include, for each activity to 
        use or develop data mining, the following information:
                  [(A) A thorough description of the data 
                mining activity, its goals, and, where 
                appropriate, the target dates for the 
                deployment of the data mining activity.
                  [(B) A thorough description of the data 
                mining technology that is being used or will be 
                used, including the basis for determining 
                whether a particular pattern or anomaly is 
                indicative of terrorist or criminal activity.
                  [(C) A thorough description of the data 
                sources that are being or will be used.
                  [(D) An assessment of the efficacy or likely 
                efficacy of the data mining activity in 
                providing accurate information consistent with 
                and valuable to the stated goals and plans for 
                the use or development of the data mining 
                activity.
                  [(E) An assessment of the impact or likely 
                impact of the implementation of the data mining 
                activity on the privacy and civil liberties of 
                individuals, including a thorough description 
                of the actions that are being taken or will be 
                taken with regard to the property, privacy, or 
                other rights or privileges of any individual or 
                individuals as a result of the implementation 
                of the data mining activity.
                  [(F) A list and analysis of the laws and 
                regulations that govern the information being 
                or to be collected, reviewed, gathered, 
                analyzed, or used in conjunction with the data 
                mining activity, to the extent applicable in 
                the context of the data mining activity.
                  [(G) A thorough discussion of the policies, 
                procedures, and guidelines that are in place or 
                that are to be developed and applied in the use 
                of such data mining activity in order to--
                          [(i) protect the privacy and due 
                        process rights of individuals, such as 
                        redress procedures; and
                          [(ii) ensure that only accurate and 
                        complete information is collected, 
                        reviewed, gathered, analyzed, or used, 
                        and guard against any harmful 
                        consequences of potential inaccuracies.
          [(3) Annex.--
                  [(A) In general.--A report under subparagraph 
                (A) shall include in an annex any necessary--
                          [(i) classified information;
                          [(ii) law enforcement sensitive 
                        information;
                          [(iii) proprietary business 
                        information; or
                          [(iv) trade secrets (as that term is 
                        defined in section 1839 of title 18, 
                        United States Code).
                  [(B) Availability.--Any annex described in 
                clause (i)--
                          [(i) shall be available, as 
                        appropriate, and consistent with the 
                        National Security Act of 1947 (50 
                        U.S.C. 401 et seq.), to the Committee 
                        on Homeland Security and Governmental 
                        Affairs, the Committee on the 
                        Judiciary, the Select Committee on 
                        Intelligence, the Committee on 
                        Appropriations, and the Committee on 
                        Banking, Housing, and Urban Affairs of 
                        the Senate and the Committee on 
                        Homeland Security, the Committee on the 
                        Judiciary, the Permanent Select 
                        Committee on Intelligence, the 
                        Committee on Appropriations, and the 
                        Committee on Financial Services of the 
                        House of Representatives; and
                          [(ii) shall not be made available to 
                        the public.
          [(4) Time for report.--Each report required under 
        subparagraph (A) shall be--
                  [(A) submitted not later than 180 days after 
                the date of enactment of this Act; and
                  [(B) updated not less frequently than 
                annually thereafter, to include any activity to 
                use or develop data mining engaged in after the 
                date of the prior report submitted under 
                subparagraph (A).]
                              ----------                              


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020




           *       *       *       *       *       *       *
 DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, 
AND 2020

           *       *       *       *       *       *       *


SUBDIVISION 1

           *       *       *       *       *       *       *


                 TITLE LVII--REPORTS AND OTHER MATTERS

Subtitle A--Reports and Briefings

           *       *       *       *       *       *       *


SEC. 5709. REPORT ON DEEPFAKE TECHNOLOGY, FOREIGN WEAPONIZATION OF 
                    DEEPFAKES, AND RELATED NOTIFICATIONS.

  (a) Report on Foreign Weaponization of Deepfakes and Deepfake 
Technology.--
          (1) Report required.--Not later than 180 days after 
        the date of the enactment of this Act, the Director of 
        National Intelligence, in consultation with the heads 
        of the elements of the intelligence community 
        determined appropriate by the Director, shall submit to 
        the congressional intelligence committees a report on--
                  (A) the potential national security impacts 
                of machine-manipulated media (commonly known as 
                ``deepfakes''); and
                  (B) the actual or potential use of machine-
                manipulated media by foreign governments to 
                spread disinformation or engage in other malign 
                activities.
          (2) Matters to be included.--The report under 
        subsection (a) shall include the following:
                  (A) An assessment of the technical 
                capabilities of foreign governments, including 
                foreign intelligence services, foreign 
                government-affiliated entities, and foreign 
                individuals, with respect to machine-
                manipulated media, machine-generated text, 
                generative adversarial networks, and related 
                machine-learning technologies, including--
                          (i) an assessment of the technical 
                        capabilities of the People's Republic 
                        of China and the Russian Federation 
                        with respect to the production and 
                        detection of machine-manipulated media; 
                        and
                          (ii) an annex describing those 
                        governmental elements within China and 
                        Russia known to have supported or 
                        facilitated machine-manipulated media 
                        research, development, or 
                        dissemination, as well as any civil-
                        military fusion, private-sector, 
                        academic, or nongovernmental entities 
                        which have meaningfully participated in 
                        such activities.
                  (B) An updated assessment of how foreign 
                governments, including foreign intelligence 
                services, foreign government-affiliated 
                entities, and foreign individuals, could use or 
                are using machine-manipulated media and 
                machine-generated text to harm the national 
                security interests of the United States, 
                including an assessment of the historic, 
                current, or potential future efforts of China 
                and Russia to use machine-manipulated media, 
                including with respect to--
                          (i) the overseas or domestic 
                        dissemination of misinformation;
                          (ii) the attempted discrediting of 
                        political opponents or disfavored 
                        populations; and
                          (iii) intelligence or influence 
                        operations directed against the United 
                        States, allies or partners of the 
                        United States, or other jurisdictions 
                        believed to be subject to Chinese or 
                        Russian interference.
                  (C) An updated identification of the 
                countertechnologies that have been or could be 
                developed and deployed by the United States 
                Government, or by the private sector with 
                Government support, to deter, detect, and 
                attribute the use of machine-manipulated media 
                and machine-generated text by foreign 
                governments, foreign-government affiliates, or 
                foreign individuals, along with an analysis of 
                the benefits, limitations and drawbacks of such 
                identified counter-technologies, including any 
                emerging concerns related to privacy.
                  (D) An identification of the offices within 
                the elements of the intelligence community that 
                have, or should have, lead responsibility for 
                monitoring the development of, use of, and 
                response to machine-manipulated media and 
                machine-generated text, including--
                          (i) a description of the coordination 
                        of such efforts across the intelligence 
                        community;
                          (ii) a detailed description of the 
                        existing capabilities, tools, and 
                        relevant expertise of such elements to 
                        determine whether a piece of media has 
                        been machine manipulated or machine 
                        generated, including the speed at which 
                        such determination can be made, the 
                        confidence level of the element in the 
                        ability to make such a determination 
                        accurately, and how increasing volume 
                        and improved quality of machine-
                        manipulated media or machine-generated 
                        text may negatively impact such 
                        capabilities; and
                          (iii) a detailed description of 
                        planned or ongoing research and 
                        development efforts intended to improve 
                        the ability of the intelligence 
                        community to detect machine-manipulated 
                        media and machine-generated text.
                  (E) A description of any research and 
                development activities carried out or under 
                consideration to be carried out by the 
                intelligence community, including the 
                Intelligence Advanced Research Projects 
                Activity, relevant to machine-manipulated media 
                and machine-generated text detection 
                technologies.
                  (F) Updated recommendations regarding whether 
                the intelligence community requires additional 
                legal authorities, financial resources, or 
                specialized personnel to address the national 
                security threat posed by machine-manipulated 
                media and machine-generated text.
                  (G) Other additional information the Director 
                determines appropriate.
  (b) Form.--The report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
  (c) Requirement for Notification.--The Director of National 
Intelligence, in cooperation with the heads of any other 
relevant departments or agencies of the Federal Government, 
shall notify the congressional intelligence committees each 
time the Director of National Intelligence determines--
          (1) there is credible information or intelligence 
        that a foreign entity has attempted, is attempting, or 
        will attempt to deploy machine-manipulated media or 
        machine-generated text aimed at the elections or 
        domestic political processes of the United States; and
          (2) that such intrusion or campaign can be attributed 
        to a foreign government, a foreign government-
        affiliated entity, or a foreign individual.
  [(d) Annual Update.--Upon submission of the report in 
subsection (a), on an annual basis, the Director of National 
Intelligence, in consultation with the heads of the elements of 
the intelligence community determined appropriate by the 
Director, shall submit to the congressional intelligence 
committees any significant updates with respect to the matters 
described in subsection (a).]
  [(e)] (d) Definitions.--
          (1) Machine-generated text.--The term ``machine-
        generated text'' means text generated using machine-
        learning techniques in order to resemble writing in 
        natural language.
          (2) Machine-manipulated media.--The term ``machine-
        manipulated media'' has the meaning given that term in 
        section 5724.

           *       *       *       *       *       *       *

                              ----------                              


DAMON PAUL NELSON AND MATTHEW YOUNG POLLARD INTELLIGENCE AUTHORIZATION 
               ACT FOR FISCAL YEARS 2018, 2019, AND 2020




           *       *       *       *       *       *       *
 DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, 
AND 2020

           *       *       *       *       *       *       *


SUBDIVISION 1

           *       *       *       *       *       *       *


                 TITLE LVII--REPORTS AND OTHER MATTERS

Subtitle A--Reports and Briefings

           *       *       *       *       *       *       *


SEC. 5704. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.

  (a) Modification of Requirement for Annual Report on Hiring 
and Retention of Minority Employees.--
          (1) Expansion of period of report.--Subsection (a) of 
        section 114 of the National Security Act of 1947 (50 
        U.S.C. 3050) is amended by inserting ``and the 
        preceding 5 fiscal years'' after ``fiscal year''.
          (2) Clarification on disaggregation of data.--
        Subsection (b) of such section is amended, in the 
        matter before paragraph (1), by striking 
        ``disaggregated data by category of covered person from 
        each element of the intelligence community'' and 
        inserting ``data, disaggregated by category of covered 
        person and by element of the intelligence community,''.
  (b) Initial Reporting.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act[, and subject to 
        paragraph (3)], the Director of National Intelligence 
        shall make available to the public, the appropriate 
        congressional committees, and the workforce of the 
        intelligence community a report which includes 
        aggregate demographic data and other information 
        regarding the diversity and inclusion efforts of the 
        workforce of the intelligence community.
          (2) Contents.--A report made available under 
        paragraph (1)--
                  (A) shall include unclassified reports and 
                barrier analyses relating to diversity and 
                inclusion efforts;
                  (B) shall include aggregate demographic 
                data--
                          (i) by segment of the workforce of 
                        the intelligence community and grade or 
                        rank;
                          (ii) relating to attrition and 
                        promotion rates;
                          (iii) that addresses the compliance 
                        of the intelligence community with 
                        validated inclusion metrics, such as 
                        the New Inclusion Quotient index score; 
                        and
                          (iv) that provides demographic 
                        comparisons to the relevant 
                        nongovernmental labor force and the 
                        relevant civilian labor force;
                  (C) shall include an analysis of applicant 
                flow data, including the percentage and level 
                of positions for which data are collected, and 
                a discussion of any resulting policy changes or 
                recommendations;
                  (D) shall include demographic data relating 
                to participants in professional development 
                programs of the intelligence community and the 
                rate of placement into senior positions for 
                participants in such programs;
                  (E) shall include any voluntarily collected 
                demographic data relating to the membership of 
                any external advisory committee or board to 
                which individuals in senior positions in the 
                intelligence community appoint members; and
                  (F) may include data in proportions or 
                percentages to account for concerns relating to 
                the protection of classified information.
  (c) Updates.--Not later than March 31 of each year, the 
Director of National Intelligence shall provide a report (which 
may be provided as part of an annual report required under 
another provision of law) to the workforce of the intelligence 
community (including senior leadership), the public, and the 
appropriate congressional committees that includes--
          (1) demographic data and information on the status of 
        diversity and inclusion efforts of the intelligence 
        community, including demographic data relating to--
                  (A) the average years of service;
                  (B) the average number of years of service 
                for each level in the General Schedule, Senior 
                Executive Service, Senior Intelligence Service, 
                or equivalent; and
                  (C) career categories;
          (2) an analysis of applicant flow data, including the 
        percentage and level of positions for which data are 
        collected, and a discussion of any resulting policy 
        changes or recommendations; and
          (3) demographic data relating to participants in 
        professional development programs of the intelligence 
        community and the rate of placement into senior 
        positions for participants in such programs.
  (d) Expand the Collection and Analysis of Voluntary Applicant 
Flow Data.--
          (1) In general.--The Director of National 
        Intelligence shall develop a system to collect and 
        analyze applicant flow data for as many positions 
        within the intelligence community as practicable, in 
        order to identify areas for improvement in attracting 
        diverse talent, with particular attention to senior and 
        management positions.
          (2) Phased implementation.--The collection of 
        applicant flow data may be implemented by the Director 
        of National Intelligence in a phased approach 
        commensurate with the resources available to the 
        intelligence community.
  (e) Identify Additional Categories for Voluntary Data 
Collection of Current Employees.--
          (1) In general.--The Director of National 
        Intelligence may submit to the Office of Management and 
        Budget and to the appropriate congressional committees 
        a recommendation regarding whether the intelligence 
        community should voluntarily collect more detailed data 
        on demographic categories in addition to the race and 
        ethnicity categories specified in the statistical 
        policy directive issued by the Office of Management and 
        Budget entitled ``Standards for Maintaining, 
        Collecting, and Presenting Federal Data on Race and 
        Ethnicity''.
          (2) Process.--In making a recommendation under 
        paragraph (1), the Director of National Intelligence 
        shall--
                  (A) engage in close consultation with 
                internal stakeholders, such as employee 
                resource or affinity groups;
                  (B) ensure that there is clear communication 
                with the workforce of the intelligence 
                community--
                          (i) to explain the purpose of the 
                        potential collection of such data; and
                          (ii) regarding legal protections 
                        relating to any anticipated use of such 
                        data; and
                  (C) ensure adherence to relevant standards 
                and guidance issued by the Federal Government.
  (f) Definitions.--In this section:
          (1) Applicant flow data.--The term ``applicant flow 
        data'' means data that tracks the rate of applications 
        for job positions among demographic categories.
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, the Committee on 
                Homeland Security and Governmental Affairs, the 
                Select Committee on Intelligence, and the 
                Committee on Appropriations of the Senate; and
                  (B) the Committee on Foreign Affairs, the 
                Committee on Armed Services, the Committee on 
                Homeland Security, the Permanent Select 
                Committee on Intelligence, and the Committee on 
                Appropriations of the House of Representatives.
          (3) Diversity.--The term ``diversity'' means 
        diversity of persons based on gender, race, ethnicity, 
        disability status, veteran status, sexual orientation, 
        gender identity, national origin, and other demographic 
        categories.

           *       *       *       *       *       *       *


SUBDIVISION 2

           *       *       *       *       *       *       *


TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS

           *       *       *       *       *       *       *


SEC. 6316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS.

  In order to further increase the diversity of the 
intelligence community workforce, not later than 90 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, in consultation with heads of elements of the 
Intelligence Community, shall create, implement, and submit to 
the congressional intelligence committees a written plan to 
ensure that rural and underrepresented regions are more fully 
and consistently represented in such elements' employment 
recruitment efforts. Upon receipt of the plan, the 
[congressional committees] congressional intelligence 
committees shall have 60 days to submit comments to the 
Director of National Intelligence before such plan shall be 
implemented.

           *       *       *       *       *       *       *


TITLE LXVI--SECURITY CLEARANCES

           *       *       *       *       *       *       *


SEC. 6604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY 
                    CLEARANCES.

  (a) In General.--The Council shall reform the security 
clearance process with the objective that, by December 31, 
2021, 90 percent of all determinations, other than 
determinations regarding populations identified under section 
6603(b)(3)(C), regarding--
          (1) security clearances--
                  (A) at the secret level are issued in 30 days 
                or fewer; and
                  (B) at the top secret level are issued in 90 
                days or fewer; and
          (2) reciprocity of security clearances at the same 
        level are recognized in 2 weeks or fewer.
  (b) Certain Reinvestigations.--The Council shall reform the 
security clearance process with the goal that by December 31, 
2021, reinvestigation on a set periodicity is not required for 
more than 10 percent of the population that holds a security 
clearance.
  (c) Equivalent Metrics.--
          (1) In general.--If the Council develops a set of 
        performance metrics that it certifies to the 
        appropriate congressional committees should achieve 
        substantially equivalent outcomes as those outlined in 
        [subsections (b) and (c)] subsections (a) and (b), the 
        Council may use those metrics for purposes of 
        compliance within this provision.
          (2) Notice.--If the Council uses the authority 
        provided by paragraph (1) to use metrics as described 
        in such paragraph, the Council shall, not later than 30 
        days after communicating such metrics to departments 
        and agencies, notify the appropriate congressional 
        committees that it is using such authority.
  (d) Plan.--Not later than 180 days after the date of the 
enactment of this Act, the Council shall submit to the 
appropriate congressional committees and make available to 
appropriate industry partners a plan to carry out this section. 
Such plan shall include recommended interim milestones for the 
goals set forth in [subsections (b) and (c)] subsections (a) 
and (b) for 2019, 2020, and 2021.

           *       *       *       *       *       *       *

                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012




           *       *       *       *       *       *       *
                               TITLE III


GENERAL PROVISIONS

           *       *       *       *       *       *       *



SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.

  (a) Definitions.--In this section:
          (1) Covered agency.--The term ``covered agency'' 
        means any element of the intelligence community other 
        than an element within the Department of Defense.
          (2) Covered item of supply.--The term ``covered item 
        of supply'' means an item of information technology (as 
        that term is defined in section 11101 of title 40, 
        United States Code) that is purchased for inclusion in 
        a covered system, and the loss of integrity of which 
        could result in a supply chain risk for a covered 
        system.
          (3) Covered procurement.--The term ``covered 
        procurement'' means--
                  (A) a source selection for a covered system 
                or a covered item of supply involving either a 
                performance specification, as provided in 
                section 3306(a)(3)(B) of title 41, United 
                States Code, or an evaluation factor, as 
                provided in section 3306(b)(1) of such title, 
                relating to supply chain risk;
                  (B) the consideration of proposals for and 
                issuance of a task or delivery order for a 
                covered system or a covered item of supply, as 
                provided in section 4106(d)(3) of title 41, 
                United States Code, where the task or delivery 
                order contract concerned includes a contract 
                clause establishing a requirement relating to 
                supply chain risk; or
                  (C) any contract action involving a contract 
                for a covered system or a covered item of 
                supply where such contract includes a clause 
                establishing requirements relating to supply 
                chain risk.
          (4) Covered procurement action.--The term ``covered 
        procurement action'' means any of the following 
        actions, if the action takes place in the course of 
        conducting a covered procurement:
                  (A) The exclusion of a source that fails to 
                meet qualifications standards established in 
                accordance with the requirements of section 
                3311 of title 41, United States Code, for the 
                purpose of reducing supply chain risk in the 
                acquisition of covered systems.
                  (B) The exclusion of a source that fails to 
                achieve an acceptable rating with regard to an 
                evaluation factor providing for the 
                consideration of supply chain risk in the 
                evaluation of proposals for the award of a 
                contract or the issuance of a task or delivery 
                order.
                  (C) The decision to withhold consent for a 
                contractor to subcontract with a particular 
                source or to direct a contractor for a covered 
                system to exclude a particular source from 
                consideration for a subcontract under the 
                contract.
          (5) Covered system.--The term ``covered system'' 
        means a national security system, as that term is 
        defined in [section 3542(b)] section 3552 of title 44, 
        United States Code.
          (6) Supply chain risk.--The term ``supply chain 
        risk'' means the risk that an adversary may sabotage, 
        maliciously introduce unwanted function, or otherwise 
        subvert the design, integrity, manufacturing, 
        production, distribution, installation, operation, or 
        maintenance of a covered system so as to surveil, deny, 
        disrupt, or otherwise degrade the function, use, or 
        operation of such system.
  (b) Authority.--Subject to subsection (c) and in consultation 
with the Director of National Intelligence, the head of a 
covered agency may, in conducting intelligence and 
intelligence-related activities--
          (1) carry out a covered procurement action; and
          (2) limit, notwithstanding any other provision of 
        law, in whole or in part, the disclosure of information 
        relating to the basis for carrying out a covered 
        procurement action.
  (c) Determination and Notification.--The head of a covered 
agency may exercise the authority provided in subsection (b) 
only after--
          (1) any appropriate consultation with procurement or 
        other relevant officials of the covered agency;
          (2) making a determination in writing, which may be 
        in classified form, that--
                  (A) use of the authority in subsection (b)(1) 
                is necessary to protect national security by 
                reducing supply chain risk;
                  (B) less intrusive measures are not 
                reasonably available to reduce such supply 
                chain risk; and
                  (C) in a case where the head of the covered 
                agency plans to limit disclosure of information 
                under subsection (b)(2), the risk to national 
                security due to the disclosure of such 
                information outweighs the risk due to not 
                disclosing such information;
          (3) notifying the Director of National Intelligence 
        that there is a significant supply chain risk to the 
        covered system concerned, unless the head of the 
        covered agency making the determination is the Director 
        of National Intelligence; and
          (4) providing a notice, which may be in classified 
        form, of the determination made under paragraph (2) to 
        the congressional intelligence committees that includes 
        a summary of the basis for the determination, including 
        a discussion of less intrusive measures that were 
        considered and why they were not reasonably available 
        to reduce supply chain risk.
  (d) Delegation.--The head of a covered agency may not 
delegate the authority provided in subsection (b) or the 
responsibility to make a determination under subsection (c) to 
an official below the level of the service acquisition 
executive for the agency concerned.
  (e) Savings.--The authority under this section is in addition 
to any other authority under any other provision of law. The 
authority under this section shall not be construed to alter or 
effect the exercise of any other provision of law.
  (f) Effective Date.--The requirements of this section shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act and shall apply to contracts that are 
awarded on or after such date.

           *       *       *       *       *       *       *

                              ----------                              


              PUBLIC INTEREST DECLASSIFICATION ACT OF 2000




           *       *       *       *       *       *       *
TITLE VII--DECLASSIFICATION OF INFORMATION

           *       *       *       *       *       *       *


SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.

  (a) Establishment.--(1) There is established within the 
executive branch of the United States a board to be known as 
the ``Public Interest Declassification Board'' (in this title 
referred to as the ``Board'').
  (2) The Board shall report directly to the President or, upon 
designation by the President, the Vice President, the Attorney 
General, or other designee of the President. The other designee 
of the President under this paragraph may not be an agency head 
or official authorized to classify information under [Executive 
Order 12958] Executive Order 13526, or any successor order.
  (b) Purposes.--The purposes of the Board are as follows:
          (1) To advise the President, the Assistant to the 
        President for National Security Affairs, the Director 
        of the Office of Management and Budget, and such other 
        executive branch officials as the Board considers 
        appropriate on the systematic, thorough, coordinated, 
        and comprehensive identification, collection, review 
        for declassification, and release to Congress, 
        interested agencies, and the public of declassified 
        records and materials (including donated historical 
        materials) that are of archival value, including 
        records and materials of extraordinary public interest.
          (2) To promote the fullest possible public access to 
        a thorough, accurate, and reliable documentary record 
        of significant United States national security 
        decisions and significant United States national 
        security activities in order to--
                  (A) support the oversight and legislative 
                functions of Congress;
                  (B) support the policymaking role of the 
                executive branch;
                  (C) respond to the interest of the public in 
                national security matters; and
                  (D) promote reliable historical analysis and 
                new avenues of historical study in national 
                security matters.
          (3) To provide recommendations to the President for 
        the identification, collection, and review for 
        declassification of information of extraordinary public 
        interest that does not undermine the national security 
        of the United States, to be undertaken in accordance 
        with a declassification program that has been 
        established or may be established by the President by 
        Executive order.
          (4) To advise the President, the Assistant to the 
        President for National Security Affairs, the Director 
        of the Office of Management and Budget, and such other 
        executive branch officials as the Board considers 
        appropriate on policies deriving from the issuance by 
        the President of Executive orders regarding the 
        classification and declassification of national 
        security information.
          (5) To review and make recommendations to the 
        President in a timely manner with respect to any 
        congressional request, made by the committee of 
        jurisdiction or by a member of the committee of 
        jurisdiction, to declassify certain records, to 
        evaluate the proper classification of certain records, 
        or to reconsider a declination to declassify specific 
        records.
  (c) Membership.--(1) The Board shall be composed of nine 
individuals appointed from among citizens of the United States 
who are preeminent in the fields of history, national security, 
foreign policy, intelligence policy, social science, law, or 
archives, including individuals who have served in Congress or 
otherwise in the Federal Government or have otherwise engaged 
in research, scholarship, or publication in such fields on 
matters relating to the national security of the United States, 
of whom--
          (A) five shall be appointed by the President;
          (B) one shall be appointed by the Speaker of the 
        House of Representatives;
          (C) one shall be appointed by the majority leader of 
        the Senate;
          (D) one shall be appointed by the minority leader of 
        the Senate; and
          (E) one shall be appointed by the minority leader of 
        the House of Representatives.
  (2)(A) Of the members initially appointed to the Board by the 
President--
          (i) three shall be appointed for a term of 4 years;
          (ii) one shall be appointed for a term of 3 years; 
        and
          (iii) one shall be appointed for a term of 2 years.
  (B) The members initially appointed to the Board by the 
Speaker of the House of Representatives or by the majority 
leader of the Senate shall be appointed for a term of 3 years.
  (C) The members initially appointed to the Board by the 
minority leader of the House of Representatives or the Senate 
shall be appointed for a term of 2 years.
  (D) Any subsequent appointment to the Board shall be for a 
term of 3 years from the date of the appointment.
  (3) A vacancy in the Board shall be filled in the same manner 
as the original appointment.
  (4) A member of the Board may be appointed to a new term on 
the Board upon the expiration of the member's term on the 
Board, except that no member may serve more than three full 
terms on the Board.
  (d) Chairperson; Executive Secretary.--(1)(A) The President 
shall designate one of the members of the Board as the 
Chairperson of the Board.
  (B) The term of service as Chairperson of the Board shall be 
2 years.
  (C) A member serving as Chairperson of the Board may be 
redesignated as Chairperson of the Board upon the expiration of 
the member's term as Chairperson of the Board, except that no 
member shall serve as Chairperson of the Board for more than 6 
years.
  (2) The Director of the Information Security Oversight Office 
shall serve as the Executive Secretary of the Board.
  (e) Meetings.--The Board shall meet as needed to accomplish 
its mission, consistent with the availability of funds, but 
shall meet in person not less frequently than on a quarterly 
basis. A majority of the members of the Board shall constitute 
a quorum.
  (f) Staff.--Any employee of the Federal Government may be 
detailed to the Board, with the agreement of and without 
reimbursement to the detailing agency, and such detail shall be 
without interruption or loss of civil, military, or foreign 
service status or privilege.
  (g) Security.--(1) The members and staff of the Board shall, 
as a condition of appointment to or employment with the Board, 
hold appropriate security clearances for access to the 
classified records and materials to be reviewed by the Board or 
its staff, and shall follow the guidance and practices on 
security under applicable Executive orders and Presidential or 
agency directives.
  (2) The head of an agency shall, as a condition of granting 
access to a member of the Board, the Executive Secretary of the 
Board, or a member of the staff of the Board to classified 
records or materials of the agency under this title, require 
the member, the Executive Secretary, or the member of the 
staff, as the case may be, to--
          (A) execute an agreement regarding the security of 
        such records or materials that is approved by the head 
        of the agency; and
          (B) hold an appropriate security clearance granted or 
        recognized under the standard procedures and 
        eligibility criteria of the agency, including any 
        special access approval required for access to such 
        records or materials.
  (3) The members of the Board, the Executive Secretary of the 
Board, and the members of the staff of the Board may not use 
any information acquired in the course of their official 
activities on the Board for nonofficial purposes.
  (4) For purposes of any law or regulation governing access to 
classified information that pertains to the national security 
of the United States, and subject to any limitations on access 
arising under section 706(b), and to facilitate the advisory 
functions of the Board under this title, a member of the Board 
seeking access to a record or material under this title shall 
be deemed for purposes of this subsection to have a need to 
know the contents of the record or material.
  (h) Compensation.--(1) Each member of the Board shall receive 
compensation at a rate not to exceed the daily equivalent of 
the annual rate of basic pay payable for positions at ES-1 of 
the Senior Executive Service under section 5382 of title 5, 
United States Code, for each day such member is engaged in the 
actual performance of duties of the Board.
  (2) Members of the Board shall be allowed travel expenses, 
including per diem in lieu of subsistence at rates authorized 
for employees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes or 
regular places of business in the performance of the duties of 
the Board.
  (i) Guidance; Annual Budget.--(1) On behalf of the President, 
the Assistant to the President for National Security Affairs 
shall provide guidance on policy to the Board.
  (2) The Executive Secretary of the Board, under the direction 
of the Chairperson of the Board and the Board, and acting in 
consultation with the Archivist of the United States, the 
Assistant to the President for National Security Affairs, and 
the Director of the Office of Management and Budget, shall 
prepare the annual budget of the Board.
  (j) Support.--The Information Security Oversight Office may 
support the activities of the Board under this title. Such 
support shall be provided on a reimbursable basis.
  (k) Public Availability of Records and Reports.--(1) The 
Board shall make available for public inspection records of its 
proceedings and reports prepared in the course of its 
activities under this title to the extent such records and 
reports are not classified and would not be exempt from release 
under the provisions of section 552 of title 5, United States 
Code.
  (2) In making records and reports available under paragraph 
(1), the Board shall coordinate the release of such records and 
reports with appropriate officials from agencies with expertise 
in classified information in order to ensure that such records 
and reports do not inadvertently contain classified 
information.
  (l) Applicability of Certain Administrative Laws.--The 
provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the activities of the Board under this 
title. However, the records of the Board shall be governed by 
the provisions of the Federal Records Act of 1950.

SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR DECLASSIFICATION 
                    OF INFORMATION OF ARCHIVAL VALUE OR EXTRAORDINARY 
                    PUBLIC INTEREST.

  (a) Briefings on Agency Declassification Programs.--(1) As 
requested by the Board, or by the Select Committee on 
Intelligence of the Senate or the Permanent Select Committee on 
Intelligence of the House of Representatives, the head of any 
agency with the authority under an Executive order to classify 
information shall provide to the Board, the Select Committee on 
Intelligence of the Senate, or the Permanent Select Committee 
on Intelligence of the House of Representatives, on an annual 
basis, a summary briefing and report on such agency's progress 
and plans in the declassification of national security 
information. Such briefing shall cover the declassification 
goals set by statute, regulation, or policy, the agency's 
progress with respect to such goals, and the agency's planned 
goals and priorities for its declassification activities over 
the next 2 fiscal years. Agency briefings and reports shall 
give particular attention to progress on the declassification 
of records and materials that are of archival value or 
extraordinary public interest to the people of the United 
States.
  (2)(A) The annual briefing and report under paragraph (1) for 
agencies within the Department of Defense, including the 
military departments and the elements of the intelligence 
community, shall be provided on a consolidated basis.
  (B) In this paragraph, the term ``elements of the 
intelligence community'' means the elements of the intelligence 
community specified or designated under section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)).
  (b) Recommendations on Agency Declassification Programs.--(1) 
Upon reviewing and discussing declassification plans and 
progress with an agency, the Board shall provide to the head of 
the agency the written recommendations of the Board as to how 
the agency's declassification program could be improved. A copy 
of each recommendation shall also be submitted to the Assistant 
to the President for National Security Affairs and the Director 
of the Office of Management and Budget.
  (2) Consistent with the provisions of section 703(k), the 
Board's recommendations to the head of an agency under 
paragraph (1) shall become public 60 days after such 
recommendations are sent to the head of the agency under that 
paragraph.
  (c) Recommendations on Special Searches for Records of 
Extraordinary Public Interest.--(1) The Board shall also make 
recommendations to the President regarding proposed initiatives 
to identify, collect, and review for declassification 
classified records and materials of extraordinary public 
interest.
  (2) In making recommendations under paragraph (1), the Board 
shall consider the following:
          (A) The opinions and requests of Members of Congress, 
        including opinions and requests expressed or embodied 
        in letters or legislative proposals, and also including 
        specific requests for the declassification of certain 
        records or for the reconsideration of declinations to 
        declassify specific records.
          (B) The opinions and requests of the National 
        Security Council, the Director of National 
        Intelligence, and the heads of other agencies.
          (C) The opinions of United States citizens.
          (D) The opinions of members of the Board.
          (E) The impact of special searches on systematic and 
        all other on-going declassification programs.
          (F) The costs (including budgetary costs) and the 
        impact that complying with the recommendations would 
        have on agency budgets, programs, and operations.
          (G) The benefits of the recommendations.
          (H) The impact of compliance with the recommendations 
        on the national security of the United States.
  (d) President's Declassification Priorities.--(1) Concurrent 
with the submission to Congress of the budget of the President 
each fiscal year under section 1105 of title 31, United States 
Code, the Director of the Office of Management and Budget shall 
publish a description of the President's declassification 
program and priorities, together with a listing of the funds 
requested to implement that program.
  (2) Nothing in this title shall be construed to substitute or 
supersede, or establish a funding process for, any 
declassification program that has been established or may be 
established by the President by Executive order.
  (e) Declassification Reviews.--
          (1) In general.--If requested by the President, the 
        Board shall review in a timely manner certain records 
        or declinations to declassify specific records, the 
        declassification of which has been the subject of 
        specific congressional request described in section 
        703(b)(5).
          (2) Authority of board.--Upon receiving a 
        congressional request described in section 703(b)(5), 
        the Board may conduct the review and make the 
        recommendations described in that section, regardless 
        of whether such a review is requested by the President.
          (3) Reporting.--Any recommendations submitted to the 
        President by the Board under section 703(b)(5)[,] shall 
        be submitted to the chairman and ranking minority 
        member of the committee of Congress that made the 
        request relating to such recommendations.

SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER 
                    INFORMATION.

  (a) In General.--Nothing in this title shall be construed to 
limit the authority of the head of an agency to classify 
information or to continue the classification of information 
previously classified by that agency.
  (b) Special Access Programs.--Nothing in this title shall be 
construed to limit the authority of the head of an agency to 
grant or deny access to a special access program.
  (c) Authorities of Director of National Intelligence.--
Nothing in this title shall be construed to limit the 
authorities of the Director of National Intelligence as the 
head of the intelligence community, including the Director's 
responsibility to protect intelligence sources and methods from 
unauthorized disclosure as required by [section 103(c)(6) of 
the National Security Act of 1947 (50 U.S.C. 403-3(c)(6))] 
section 102A(i) of the National Security Act of 1947 (50 U.S.C. 
3024(i)).
  (d) Exemptions to Release of Information.--Nothing in this 
title shall be construed to limit any exemption or exception to 
the release to the public under this title of information that 
is protected under subsection (b) of section 552 of title 5, 
United States Code (commonly referred to as the ``Freedom of 
Information Act''), or section 552a of title 5, United States 
Code (commonly referred to as the ``Privacy Act'').
  (e) Withholding Information From Congress.--Nothing in this 
title shall be construed to authorize the withholding of 
information from Congress.

SEC. 706. STANDARDS AND PROCEDURES.

  (a) Liaison.--(1) The head of each agency with the authority 
under an Executive order to classify information and the head 
of each Federal Presidential library shall designate an 
employee of such agency or library to act as liaison to the 
Board for purposes of this title.
  (2) The Board may establish liaison and otherwise consult 
with such other historical and advisory committees as the Board 
considers appropriate for purposes of this title.
  (b) Limitations on Access.--(1)(A) Except as provided in 
paragraph (2), if the head of an agency or the head of a 
Federal Presidential library determines it necessary to deny or 
restrict access of the Board, or of the agency or library 
liaison to the Board, to information contained in a record or 
material, in whole or in part, the head of the agency or the 
head of the library shall promptly notify the Board in writing 
of such determination.
  (B) Each notice to the Board under subparagraph (A) shall 
include a description of the nature of the records or 
materials, and a justification for the determination, covered 
by such notice.
  (2) In the case of a determination referred to in paragraph 
(1) with respect to a special access program created by the 
Secretary of Defense, the Director of National Intelligence, or 
the head of any other agency, the notification of denial of 
access under paragraph (1), including a description of the 
nature of the Board's request for access, shall be submitted to 
the Assistant to the President for National Security Affairs 
rather than to the Board.
  (c) Discretion To Disclose.--At the conclusion of a 
declassification review, the head of an agency may, in the 
discretion of the head of the agency, determine that the 
public's interest in the disclosure of records or materials of 
the agency covered by such review, and still properly 
classified, outweighs the Government's need to protect such 
records or materials, and may release such records or materials 
in accordance with the provisions of [Executive Order No. 
12958] Executive Order 13526 or any successor order to such 
Executive order.
  (d) Discretion To Protect.--At the conclusion of a 
declassification review, the head of an agency may, in the 
discretion of the head of the agency, determine that the 
interest of the agency in the protection of records or 
materials of the agency covered by such review, and still 
properly classified, outweighs the public's need for access to 
such records or materials, and may deny release of such records 
or materials in accordance with the provisions of [Executive 
Order No. 12958] Executive Order 13526 or any successor order 
to such Executive order.
  (e) Reports.--(1)(A) Except as provided in paragraph (2), the 
Board shall annually submit to the appropriate congressional 
committees a report on the activities of the Board under this 
title, including summary information regarding any denials to 
the Board by the head of an agency or the head of a Federal 
Presidential library of access to records or materials under 
this title.
  (B) In this paragraph, the term ``appropriate congressional 
committees'' means the Select Committee on Intelligence and the 
Committee on Governmental Affairs of the Senate and the 
Permanent Select Committee on Intelligence and the Committee on 
Government Reform of the House of Representatives.
  (2) Notwithstanding paragraph (1), notice that the Board has 
been denied access to records and materials, and a 
justification for the determination in support of the denial, 
shall be submitted by the agency denying the access as follows:
          (A) In the case of the denial of access to a special 
        access program created by the Secretary of Defense, to 
        the Committees on Armed Services and Appropriations of 
        the Senate and to the Committees on Armed Services and 
        Appropriations of the House of Representatives.
          (B) In the case of the denial of access to a special 
        access program created by the Director of National 
        Intelligence, or by the head of any other agency 
        (including the Department of Defense) if the special 
        access program pertains to intelligence activities, or 
        of access to any information and materials relating to 
        intelligence sources and methods, to the Select 
        Committee on Intelligence of the Senate and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives.
          (C) In the case of the denial of access to a special 
        access program created by the Secretary of Energy or 
        the Administrator for Nuclear Security, to the 
        Committees on Armed Services and Appropriations and the 
        Select Committee on Intelligence of the Senate and to 
        the Committees on Armed Services and Appropriations and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives.
  (f) Notification of Review.--In response to a specific 
congressional request for declassification review described in 
section 703(b)(5), the Board shall advise the originators of 
the request in a timely manner whether the Board intends to 
conduct such review.

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