[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.
* * * * * * *
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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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