[House Report 118-162]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-162
======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
_______
August 18, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Turner, from the Permanent Select Committee on Intelligence,
submitted the following
R E P O R T
[To accompany H.R. 3932]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 3932) to authorize appropriations for
fiscal year 2024 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 2024''.
(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. Prohibition on availability of funds to implement Executive
Order 13556.
Sec. 304. Nonapplicability of certain prohibitions relating to
modification of account structure for National Intelligence Program
budget.
Sec. 305. Secure communication between Congress and intelligence
community.
TITLE IV--MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE
Subtitle A--Miscellaneous Authorities and Limitations
Sec. 401. Enhanced personnel security review with respect to social
media.
Sec. 402. Limitation on authority of Director of National Intelligence
to establish additional national intelligence centers.
Sec. 403. Improvements relating to intelligence community staffing,
details, and assignments.
Sec. 404. Insider threats.
Sec. 405. Modification of deadline for annual submission of National
Intelligence Priorities Framework.
Sec. 406. Matters relating to chief data officers of intelligence
community.
Sec. 407. Modification to special pay authority for science,
technology, engineering, or mathematics positions.
Sec. 408. Annual report on unfunded priorities of intelligence
community.
Sec. 409. Notice to Congress of counterintelligence threats to
legislative branch.
Sec. 410. Congressional notice of counterintelligence investigations
into persons holding elected offices and candidates for such offices.
Sec. 411. Submission of legislative proposals.
Sec. 412. Sunset of certain intelligence community reporting
requirements.
Sec. 413. Notice and damage assessment with respect to significant
unauthorized disclosure of classified national intelligence.
Sec. 414. In-state tuition rates for certain members of intelligence
community.
Sec. 415. Repeal of study on personnel under Strategic Intelligence
Partnership Program.
Sec. 416. Authorization relating to certain intelligence and
counterintelligence activities of Coast Guard.
Sec. 417. Intelligence Community Counterintelligence Offices.
Sec. 418. Termination of Climate Security Advisory Council.
Sec. 419. Limitation on availability of funds for Federal Bureau of
Investigation pending submission of information regarding certain media
engagements.
Sec. 420. Limitation on availability of funds for Federal Bureau of
Investigation pending submission of certain memorandum relating to
budget.
Sec. 421. Limitation on availability of funds for Office of the
Director of National Intelligence pending submission of certain
documents and annexes.
Subtitle B--Reports and Other Matters
Sec. 431. Inclusion of counternarcotics as special topic in certain
budget justification materials.
Sec. 432. Development of plan to make open-source intelligence products
available to certain Federal employees.
Sec. 433. Intelligence community-wide policy on prepublication review.
Sec. 434. Review relating to confidential human source program of
Federal Bureau of Investigation.
Sec. 435. Inspector General of the Intelligence Community assessment of
Overt Human Intelligence Collection Program of Department of Homeland
Security.
Sec. 436. Intelligence assessments regarding Haiti.
Sec. 437. Intelligence assessment of influence operations by People's
Republic of China toward Pacific Islands countries.
Sec. 438. Independent study on economic impact of military invasion of
Taiwan by People's Republic of China.
Sec. 439. Reports on civilian casualties caused by certain operations
of foreign governments.
Sec. 440. Report by Director of National Intelligence on Uyghur
genocide.
Sec. 441. Technical corrections.
TITLE V--MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD
ARCHITECTURE
Sec. 501. Extension of authority to engage in commercial activities as
security for intelligence collection activities.
Sec. 502. Modification of reporting requirement for All-Domain Anomaly
Resolution Office.
Sec. 503. Military intelligence collection and analysis partnerships.
Sec. 504. Authorization for establishment of National Space
Intelligence Center as field operating agency.
Sec. 505. Defense Intelligence Agency assessment of strategic
competition in Latin America and the Caribbean.
Sec. 506. Quarterly briefings relating to use of Military Intelligence
Program funds.
TITLE VI--MATTERS RELATING TO NATIONAL SECURITY AGENCY, CYBER, AND
COMMERCIAL CLOUD ENTERPRISE
Sec. 601. Congressional notification by National Security Agency of
intelligence collection adjustments.
Sec. 602. Modifications to enforcement of cybersecurity requirements
for national security systems.
Sec. 603. Support by intelligence community for certain cross-
functional team of Department of Defense.
Sec. 604. Commercial Cloud Enterprise notification.
Sec. 605. Commercial Cloud Enterprise sole source task order
notification requirement.
Sec. 606. Analysis of commercial cloud initiatives of intelligence
community.
TITLE VII--MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY
Sec. 701. Inspector General of the Central Intelligence Agency
quarterly employee engagement summaries.
Sec. 702. Improved funding flexibility for payments made by Central
Intelligence Agency for qualifying injuries to brain.
Sec. 703. Benjamin Tallmadge Institute as primary Central Intelligence
Agency entity for education and training in counterintelligence.
Sec. 704. Central Intelligence Agency intelligence assessment of
Sinaloa Cartel and Jalisco Cartel.
Sec. 705. Central Intelligence Agency intelligence assessment with
respect to efforts by People's Republic of China to increase influence
in Middle East.
Sec. 706. Assessment of availability of mental health and chaplain
services to Agency employees.
Sec. 707. Assessment by Director of Central Intelligence Agency on
certain effects of Abraham Accords.
TITLE VIII--REPORTING AND INVESTIGATIONS OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT IN CENTRAL INTELLIGENCE AGENCY
Sec. 801. Reporting and investigation of allegations of sex-related
offenses and sexual harassment in Central Intelligence Agency.
TITLE IX--MATTERS RELATING TO TECHNOLOGY AND INNOVATION
Sec. 901. Intelligence Community Innovation Unit.
Sec. 902. Establishment of Office of Engagement.
Sec. 903. Requirement for a chief technology officer within each
element of the intelligence community.
Sec. 904. Requirement to authorize additional security clearances for
certain contractors.
Sec. 905. Intelligence Innovation Board.
Sec. 906. Programs for next-generation microelectronics in support of
artificial intelligence.
Sec. 907. Program for Beyond 5G.
Sec. 908. Intelligence community commercial remote sensing
requirements.
Sec. 909. Requirement to ensure intelligence community directives
appropriately account for artificial intelligence and machine learning
tools in intelligence products.
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 2024
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this 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 of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2024 the sum of
$715,200,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2024 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2024.
TITLE III--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. PROHIBITION ON AVAILABILITY OF FUNDS TO IMPLEMENT EXECUTIVE
ORDER 13556.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for an element of the
intelligence community may be obligated or expended to implement
Executive Order 13556 (75 Fed. Reg. 68675; relating to controlled
unclassified information), or any successor order.
SEC. 304. NONAPPLICABILITY OF CERTAIN PROHIBITIONS RELATING TO
MODIFICATION OF ACCOUNT STRUCTURE FOR NATIONAL
INTELLIGENCE PROGRAM BUDGET.
None of the prohibitions under section 8067 of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) shall apply with respect
to amounts authorized to be appropriated by this Act.
SEC. 305. SECURE COMMUNICATION BETWEEN CONGRESS AND INTELLIGENCE
COMMUNITY.
(a) In General.--The Director of National Intelligence shall provide
secure communications to support the oversight functions of the
congressional intelligence committees, including through the
procurement, installation, configuration, and maintenance of sufficient
software, connectivity, information technology equipment, computers,
printers, and related peripheral equipment to ensure that such
committees are able to communicate with the intelligence community
through secure data, voice, and video communications at all
classification levels.
(b) On-premises Support.--During any period when either the Senate or
House of Representatives is in session, or upon the request of either
of the congressional intelligence committees, the Director shall
provide to such committees timely on-premises support to ensure the
efficient operation of networks, equipment, and software and the
resolution of any related issues.
(c) Governance.--The Director, in coordination with designated
congressional leaders, shall establish governance and security policies
applicable to the connectivity, equipment, and software provided under
subsection (a).
(d) Budget.--The Director shall ensure that within the budget of the
Office of the Director of National Intelligence there is a specific
expenditure center and project to be used to carry out this section.
(e) Treatment as Congressional Records.--Any data stored or
transmitted by the congressional intelligence committees through
networks, equipment, or software provided under subsection (a) is a
congressional record and shall not be treated as an agency record for
purposes of section 552 of title 5, United States Code, (commonly known
as the ``the Freedom of Information Act'') or any other law.
(f) Designated Congressional Leaders.--In this section, the term
``designated congressional leaders'' means--
(1) the Chair and Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives, or
their designees; and
(2) the Chair and Vice Chair of the Select Committee on
Intelligence of the Senate, or their designees.
TITLE IV--MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE
Subtitle A--Miscellaneous Authorities and Limitations
SEC. 401. ENHANCED PERSONNEL SECURITY REVIEW WITH RESPECT TO SOCIAL
MEDIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community should take appropriate
measures to thoroughly and in a timely manner investigate and
adjudicate prospective applicants for sensitive national
security positions within the intelligence community;
(2) the intelligence community should use existing
authorities to ensure robust continuous vetting for continued
eligibility for access to classified information and carefully
manage the speed and accuracy of the security clearance
adjudication process at both the initial investigation process
and throughout the career of personnel serving in positions
within the intelligence community;
(3) the intelligence community must balance the increasing
demand for recruiting the best talent to meet personnel
requirements in an expeditious manner while still maintaining a
dedicated and patriotic workforce with allegiance to the
Constitution and the United States Government;
(4) the availability of social media to the national security
workforce of the United States, including both private and
public accounts, can enable the unauthorized disclosure of
classified national security information in an instant, which
endangers the United States and its partners and allies, and
empowers foreign adversaries; and
(5) to ensure the loyalty and patriotism of the trusted
national security and intelligence community workforce of the
United States, the intelligence community must fully use
available vetting resources and all authorities prescribed by
law, while guaranteeing all constitutional protections of such
workforce.
(b) Enhanced Personnel Security Review With Respect to Social
Media.--Section 11001(b) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Special requirements with respect to social media.--
``(A) In general.--Information obtained and
integrated from sources described in paragraph (1)
shall include any publicly available social media
information relating to the covered individual.
``(B) Disclosure by covered individuals.--The
enhanced personnel security program of an agency shall
include a requirement that a covered individual
disclose any username or alias used by the covered
individual on any social media account, including both
private and public social media accounts, but may not
require the covered individual to disclose any password
for any such account.''.
SEC. 402. LIMITATION ON AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE
TO ESTABLISH ADDITIONAL NATIONAL INTELLIGENCE
CENTERS.
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is
amended--
(1) by amending section 102A(f)(2) (50 U.S.C. 3024(f)(2)) to
read as follows:
``(2)(A) The Director of National Intelligence shall oversee the
National Counterterrorism Center, the National Counterproliferation and
Biosecurity Center, the National Counterintelligence and Security
Center, the Foreign Malign Influence Center, and the Cyber Threat
Intelligence and Integration Center.
``(B) The Director of National Intelligence may establish a new
national intelligence center, or assign a new function to a national
intelligence center, but only if--
``(i) the Director submits to the congressional intelligence
committees written notification of such proposed establishment
or assignment; and
``(ii) a period of 90 days has elapsed after the date on
which such committees receive such notification.'';
(2) by amending section 103(c)(14) (50 U.S.C. 3025(c)(14)) to
read as follows:
``(14) Such other offices and officials as may be established
by law or the Director may establish or designate in the
Office, including national intelligence centers (consistent
with the notification requirement under section
102A(f)(2)(B)).''; and
(3) by amending section 119B(a) (50 U.S.C. 3058(a)) to read
as follows:
``(a) Authority to Establish.--The Director of National Intelligence
may establish, consistent with the notification requirement under
section 102A(f)(2)(B), one or more national intelligence centers to
address intelligence priorities, including regional issues.''.
SEC. 403. IMPROVEMENTS RELATING TO INTELLIGENCE COMMUNITY STAFFING,
DETAILS, AND ASSIGNMENTS.
(a) Improvements Relating to Assignments and Details.--Section
102A(f)(3)(A) of the National Security Act of 1947 (50 U.S.C.
3024(f)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``personnel policies'' and inserting ``binding personnel
policies'';
(2) by amending clause (i) to read as follows:
``(i) require and facilitate assignments and details of
personnel to national intelligence centers, and between
elements of the intelligence community over the course of the
careers of such personnel;''; and
(3) by amending clause (v) to read as follows:
``(v) require service in more than one element of the
intelligence community as a condition of promotion to such
positions within the intelligence community as the Director
shall specify, and take requisite steps to ensure compliance
among elements of the intelligence community; and''.
(b) Required Staffing Document for Office of Director of National
Intelligence.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall establish, and thereafter shall update as
necessary, a single document setting forth each position within
the Office of the Director of National Intelligence, including
any directorate, center, or office within such Office.
(2) Elements.--The document under paragraph (1) shall
include, with respect to each position set forth in the
document, the following:
(A) A description of the position.
(B) The directorate, center, office, or other
component of the Office of the Director of National
Intelligence within which the position is.
(C) The element of the intelligence community
designated to fill the position, if applicable.
(D) The requisite type and level of skills for the
position, including any special skills or
certifications required.
(E) The requisite security clearance level for the
position.
(F) The pay grade for the position.
(G) Any special pay or incentive pay payable for the
position.
(3) Integrated representation.--In establishing and filling
the positions specified in paragraph (1), the Director of
National Intelligence shall take such steps as may be necessary
to ensure the integrated representation of officers and
employees from the other elements of the intelligence community
with respect to such positions.
SEC. 404. INSIDER THREATS.
Section 102A(f) of the National Security Act of 1947 (50 U.S.C.
3024(f)) is amended--
(1) by redesignating paragraphs (8) through (10) as
paragraphs (9) through (11), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) The Director of National Intelligence shall--
``(A) conduct assessments and audits of the compliance of
each element of the intelligence community with minimum insider
threat policy;
``(B) receive information from each element of the
intelligence community regarding the collection, sharing, and
use by such element of audit and monitoring data for insider
threat detection across all classified and unclassified
information technology systems within such element;
``(C) provide guidance and oversight to Federal departments
and agencies to fully implement automated records checks,
consistent with personnel vetting reforms and the Trusted
Workforce 2.0 initiative, or successor initiative, and ensure
that information collected pursuant to such records checks is
appropriately shared in support of intelligence community-wide
insider threat initiatives;
``(D) carry out evaluations of the effectiveness of
counterintelligence, security, and insider threat program
activities of each element of the intelligence community,
including with respect to the lowest organizational unit of
each such element, that include an identification of any gaps,
shortfalls, or resource needs of each such element;
``(E) identify gaps, shortfalls, resources needs, and
recommendations for adjustments in allocations and additional
resources and other remedies to strengthen counterintelligence,
security, and insider threat detection programs;
``(F) pursuant to final damage assessments facilitated by the
National Counterintelligence and Security Center that have been
undertaken as a result of an unauthorized disclosure, determine
whether the heads of the elements of the intelligence community
implement recommended mitigation, and notify the congressional
intelligence committees of such determinations; and
``(G) study the data collected during the course of
background investigations and adjudications for security
clearances granted to individuals who subsequently commit
unauthorized disclosures, and issue findings regarding the
quality of such data as a predictor for insider threat
activity, delineated by the severity of the unauthorized
disclosure.''.
SEC. 405. MODIFICATION OF DEADLINE FOR ANNUAL SUBMISSION OF NATIONAL
INTELLIGENCE PRIORITIES FRAMEWORK.
Section 102A(p)(3) of the National Security Act of 1947 (50 U.S.C.
3024(p)(3)) is amended by striking ``October 1'' and inserting ``March
1''.
SEC. 406. MATTERS RELATING TO CHIEF DATA OFFICERS OF INTELLIGENCE
COMMUNITY.
(a) Prohibition on Simultaneous Service as Chief Data Officer and
Chief Information Officer.--Section 103G of the National Security Act
of 1947 (50 U.S.C. 3032) is amended by adding at the end the following
new subsection:
``(d) Prohibition on Simultaneous Service as Chief Data Officer and
Chief Information Officer.--An individual serving in the position of
Chief Information Officer of the Intelligence Community or chief
information officer of any other element of the intelligence community,
as the case may be, may not, while so serving, serve as the
Intelligence Community Chief Data Officer under section 103K or as the
chief data officer of any other element of the intelligence
community.''.
(b) Clarification of Duties of Intelligence Community Chief Data
Officer.--
(1) Clarification of data-related duties.--Section 103K(c)(4)
of the National Security Act of 1947 (50 U.S.C. 3034b(c)(4)) is
amended by inserting ``relating to data'' after ``duties''.
(2) Removal of unrelated duties and functions.--Not later
than 90 days after the date of the enactment of this Act,
consistent with section 103K(c) of the National Security Act of
1947 (50 U.S.C. 3034b(c)), as amended by paragraph (1), the
Director of National Intelligence shall complete such internal
reorganization of the Office of the Director of National
Intelligence as the Director determines necessary to ensure
that the duties of the Intelligence Community Chief Data
Officer appointed under such section do not include--
(A) any duty relating to partnership interoperability
or partnership engagement; or
(B) any other duty that does not relate to an issue
involving data.
(3) Briefing.--Prior to the date on which the Director
completes the reorganization under paragraph (2), the Director
shall provide to the congressional intelligence committees a
briefing regarding--
(A) the proposed reorganization; and
(B) any other efforts of the Director to ensure that
any future duties prescribed by the Director to be
performed by the Intelligence Community Chief Data
Officer pursuant to section 103K(c) of the National
Security Act of 1947 (50 U.S.C. 3034b(c)), as amended
by paragraph (1), relate exclusively to issues
involving data, consistent with such section.
(c) Reports.--Not later than 90 days after the date of the enactment
of this Act, the head of each element of the intelligence community
shall submit to the congressional intelligence committees a written
report regarding the organizational and reporting structure for the
chief data officer of that element, including an identification of
whether such chief data officer reports to, or is otherwise subordinate
to, the chief information officer of that element and, if so, the
rationale for such organizational and reporting structure.
SEC. 407. MODIFICATION TO SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS.
(a) Modification.--Section 113B of the National Security Act of 1947
(50 U.S.C. 3049a) is amended--
(1) in the section heading, by inserting ``and positions
requiring banking or financial services expertise'' after
``mathematics positions'';
(2) in subsection (a)--
(A) in the heading, by inserting ``or in Banking or
Financial Services'' after ``Mathematics'';
(B) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``or in banking or
financial services (including expertise relating to
critical financial infrastructure operations, capital
markets, banking compliance programs, or international
investments)'' after ``or mathematics'';
(C) by redesignating paragraph (2) as paragraph (3);
and
(D) by inserting after paragraph (1) the following
new paragraph:
``(2) Limitation on number of recipients.--For each element
of the intelligence community, the number of individuals
serving in a position in such element who receive a higher rate
of pay established or increased under paragraph (1) may not, at
any time during a given fiscal year, exceed 50 individuals or 5
percent of the total number of full-time equivalent positions
authorized for such element for the preceding fiscal year,
whichever is greater.''; and
(3) in subsection (e), by striking ``the element'' and
inserting ``an element''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions and positions requiring banking
or financial services expertise.''.
(c) Reports.--Not later than September 1 of each year until September
1, 2025, 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 section 113B of such
Act (50 U.S.C. 3049a), as amended by subsection (a), including--
(1) a description of any rates of pay so established; and
(2) an identification of the number of positions in such
element that will be subject to such rates of pay during the
subsequent fiscal year.
SEC. 408. ANNUAL REPORT ON UNFUNDED PRIORITIES OF INTELLIGENCE
COMMUNITY.
Section 514(a) of the National Security Act of 1947 (50 U.S.C.
3113(a)) is amended by inserting ``prepare and'' after ``each element
of the intelligence community shall''.
SEC. 409. NOTICE TO CONGRESS OF COUNTERINTELLIGENCE THREATS TO
LEGISLATIVE BRANCH.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.)
is amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 516. NOTICE TO CONGRESS OF COUNTERINTELLIGENCE THREATS TO
LEGISLATIVE BRANCH AND LEGISLATIVE BRANCH
OFFICIALS.
``(a) Notification, Briefings, and Preparation of Reports.--
Consistent with the protection of intelligence sources and methods, the
Director of National Intelligence and the Director of the Federal
Bureau of Investigation shall jointly--
``(1) notify, in a timely manner, congressional leadership of
any counterintelligence threat to the legislative branch or a
legislative branch official;
``(2) provide to legislative branch officials determined
appropriate by the Directors, including any such official
targeted or compromised by such a threat, briefings on the
defense against such threats; and
``(3) prepare reports that include specific information
concerning such threats to the legislative branch or
legislative branch officials but exclude the intelligence
sources or methods by which such information has been obtained,
to facilitate the increased distribution of specific
information concerning such threats.
``(b) Defensive Priority.--In determining the appropriateness of
disseminating information on counterintelligence threats (including
information associated with a sensitive intelligence matter or ongoing
criminal investigation) or of providing a briefing on the defense
against such threats under subsection (a), the Director of National
Intelligence and the Director of the Federal Bureau of Investigation
shall seek to resolve such determination in favor of the action most
compatible with enhancing the defense of the legislative branch against
such threats.
``(c) Quarterly Reports.--
``(1) Requirement.--On a quarterly basis, the Director of
National Intelligence shall submit to congressional leadership
a report on counterintelligence threats to the legislative
branch or legislative branch officials.
``(2) Matters.--Each report under paragraph (1) shall
include, with respect to the quarterly period covered by the
report, the following:
``(A) A description of any counterintelligence threat
to the legislative branch or a legislative branch
official (including the identity of any such official)
identified during such period.
``(B) An identification of each date on which the
intelligence community became aware of such a threat.
``(C) An identification of the number of briefings
provided under subsection (a)(2) during such period,
including an identification of each date on which such
a briefing occurred.
``(D) An identification of the number of reports
prepared under subsection (a)(3) during such period.
``(d) Definitions.--In this section:
``(1) Congressional leadership.--The term `congressional
leadership' means--
``(A) the Speaker of the House of Representatives;
``(B) the minority leader of the House of
Representatives;
``(C) the majority leader of the Senate;
``(D) the minority leader of the Senate;
``(E) the Chairman and Ranking Member of the
Permanent Select Committee on Intelligence of the House
of Representatives; and
``(F) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate.
``(2) Legislative branch.--The term `legislative branch' has
the meaning given that term in section 202 of title 18, United
States Code.
``(3) Legislative branch official.--The term `legislative
branch official' includes--
``(A) a Member of Congress;
``(B) an elected officer of either House of Congress;
``(C) any employee of, or any other individual
functioning in the capacity of an employee of--
``(i) a Member of Congress;
``(ii) a committee of either House of
Congress;
``(iii) the leadership staff of the House of
Representatives or the leadership staff of the
Senate;
``(iv) a joint committee of Congress; or
``(v) a working group or caucus organized to
provide legislative services or other
assistance to Members of Congress; and
``(D) any other legislative branch employee serving
in a position described under section 13101(13) of
title 5, United States Code.''.
SEC. 410. CONGRESSIONAL NOTICE OF COUNTERINTELLIGENCE INVESTIGATIONS
INTO PERSONS HOLDING ELECTED OFFICES AND CANDIDATES
FOR SUCH OFFICES.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), as amended by section 409, 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. 517. CONGRESSIONAL NOTICE OF COUNTERINTELLIGENCE INVESTIGATIONS
INTO FEDERAL ELECTED OFFICIALS AND CANDIDATES IN
ELECTIONS FOR FEDERAL OFFICE.
``(a) Notice Requirement.--Notwithstanding section 533 of title 28,
United States Code, the delegation of the authorities of the Attorney
General, or any other delegation of authority, direction, or policy of
the executive branch, the Director of Federal Bureau of Investigation
shall notify congressional leadership not later than 48 hours after the
commencement of a counterintelligence investigation into a person who
holds an elected Federal office or a candidate in an election for such
an office. Such notification shall include a summary of the relevant
facts associated with the counterintelligence investigation and the
identity of the person subject to such investigation.
``(b) Congressional Leadership.--The term `congressional leadership'
means--
``(1) the Speaker of the House of Representatives;
``(2) the minority leader of the House of Representatives;
``(3) the majority leader of the Senate;
``(4) the minority leader of the Senate;
``(5) the Chairman and Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives; and
``(6) the Chairman and Vice Chairman of the Select Committee
on Intelligence of the Senate.''.
SEC. 411. SUBMISSION OF LEGISLATIVE PROPOSALS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), as amended by section 410, 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. 518. SUBMISSION OF LEGISLATIVE PROPOSALS.
``Not later than 45 days after the date on which the President
submits to Congress the budget for each fiscal year pursuant to section
1105(a) of title 31, United States Code, the Director of National
Intelligence shall submit to the congressional intelligence committees
any legislative provisions that are proposed by the Director to be
enacted as part of the annual intelligence authorization bill for that
fiscal year.''.
SEC. 412. SUNSET OF CERTAIN INTELLIGENCE COMMUNITY REPORTING
REQUIREMENTS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091), as
amended by section 411, 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. 519. TERMINATION OF CERTAIN REPORTING REQUIREMENTS.
``(a) Sunset.--Effective on December 31, 2025, each report described
in subsection (b) that is still required to be submitted to Congress as
of such date shall no longer be required to be submitted to Congress.
``(b) Reports Described.--Except as provided in subsection (c), a
report described in this subsection is a recurring report that is
required to be submitted to Congress by the Director of National
Intelligence, or by any officer, official, component, or element of the
Office of the Director of National Intelligence, pursuant to--
``(1) a provision of an annual intelligence authorization Act
for fiscal year 2021 or any prior fiscal year;
``(2) any amendment made by such an Act; or
``(3) any committee report, classified annex, or explanatory
statement accompanying such an Act.
``(c) Exceptions.--Subsection (a) shall not apply with respect to any
of the following:
``(1) A reporting requirement imposed on all departments and
agencies of the Federal Government.
``(2) A report required in conjunction with a provision of
law that requires a certification, determination or comparable
finding, or authorizing waiver with respect to a condition,
limitation, or comparable restriction.
``(3) A recurring report required by a provision of law that
specifies when the requirement to submit the report terminates.
``(4) An annual report required by section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b).
``(5) A report required to be submitted by an individual or
entity other than an individual referred to in subsection (b)
that requires consultation or coordination with an individual
described in subsection (b).
``(d) Report to Congress.--Not later than February 1, 2024, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report that includes--
``(1) a list of all reports that the Director determines are
described in subsection (b) and not subject to an exception
under subsection (c); and
``(2) for each report included on such list, a citation to
the provision of law under which the report is required to be
submitted.''.
SEC. 413. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OF CLASSIFIED NATIONAL
INTELLIGENCE.
Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.) is amended by inserting after section 1105 the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 1105A. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OF CLASSIFIED NATIONAL
INTELLIGENCE.
``(a) Notification and Damage Assessment Requirements.--
``(1) Requirements.--If the Director of National Intelligence
becomes aware of an actual or potential significant
unauthorized disclosure of classified national intelligence--
``(A) as soon as practicable, but not later than 7
days after the date on which the Director becomes so
aware, the Director shall notify the congressional
intelligence committees of such actual or potential
disclosure; and
``(B) in the case of an actual disclosure, not later
than 7 days after the date on which the Director
becomes so aware, the Director or the head of any
element of the intelligence community from which the
significant unauthorized disclosure originated shall
initiate a damage assessment consistent with the
procedures set forth in Intelligence Community
Directive 732 (relating to the conduct of damage
assessments), or successor directive, with respect to
such disclosure.
``(2) Contents of notification.--A notification submitted to
the congressional intelligence committees under paragraph
(1)(A) with respect to an actual or potential significant
unauthorized disclosure of classified national intelligence
shall include--
``(A) a summary of the facts and circumstances of
such disclosure;
``(B) a summary of the contents of the national
intelligence revealed or potentially revealed, as the
case may be, by such disclosure;
``(C) an initial appraisal of the level of actual or
potential damage, as the case may be, to the national
security of the United States as a result of such
disclosure; and
``(D) in the case of an actual disclosure, which
elements of the intelligence community will be involved
in the damage assessment conducted with respect to such
disclosure pursuant to paragraph (1)(B).
``(b) Damage Assessment Reporting Requirements.--
``(1) Recurring reporting requirement.--Not later than 30
days after the date of the initiation of a damage assessment
pursuant to subsection (a)(1)(B), and every 90 days thereafter
until the completion of the damage assessment or upon the
request of the congressional intelligence committees, the
Director of National Intelligence shall--
``(A) submit to the congressional intelligence
committees copies of any documents or materials
disclosed as a result of the significant unauthorized
disclosure of the classified national intelligence that
is the subject of the damage assessment; and
``(B) provide to the congressional intelligence
committees a briefing on such documents and materials
and a status of the damage assessment.
``(2) Final damage assessment.--As soon as practicable after
completing a damage assessment pursuant to subsection
(a)(1)(B), the Director of National Intelligence shall submit
the final damage assessment to the congressional intelligence
committees.
``(c) Notification of Referral to Department of Justice.--If a
referral is made to the Department of Justice from any element of the
intelligence community regarding a significant unauthorized disclosure
of classified national intelligence under this section, the Director of
National Intelligence shall notify the congressional intelligence
committees of the referral on the date such referral is made.''.
SEC. 414. IN-STATE TUITION RATES FOR CERTAIN MEMBERS OF INTELLIGENCE
COMMUNITY.
(a) In General.--Section 135(d) of the Higher Education Act of 1965
(20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign
Service Families Act of 2021 (Public Law 117-81), is further amended--
(1) in paragraph (1), by striking ``or'' after the semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) an officer or employee of an element of the
intelligence community (as such term is defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) who serves
in a position of employment in such element for a period of
more than 30 days.''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect at each public institution of higher education in a State that
receives assistance under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.) for the first period of enrollment at such institution
that begins after July 1, 2024.
SEC. 415. REPEAL OF STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE
PARTNERSHIP PROGRAM.
Section 6435 of the Intelligence Authorization Act for Fiscal Year
2023 (Public Law 117-263; 136 Stat. 3533) is repealed (and conforming
the table of contents in section 6001(b) accordingly).
SEC. 416. AUTHORIZATION RELATING TO CERTAIN INTELLIGENCE AND
COUNTERINTELLIGENCE ACTIVITIES OF COAST GUARD.
(a) Authorization.--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 obligate
and expend amounts made available under the National Intelligence
Program 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 obligation, expenditure,
or accounting 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 written
certification that the object of the activity was of a nature
described in paragraph (1).
(b) Treatment of Certification.--Each written certification under
subsection (a)(2) shall be deemed a full and sufficient voucher for the
expenditure of the amount expressed therein, and is final and
conclusive upon the accounting officers of the United States.
(c) Limitation.--Except as provided in subsection (d), of the funds
made available under the National Intelligence Program 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.
(d) Waiver.--
(1) Authority.--The Commandant may waive the limitation under
subsection (c) if the Commandant determines such a waiver is
necessary as a result of extraordinary circumstances that
affect the national security of the United States.
(2) Notification to congress.--Not later than 2 days after
issuing a waiver under paragraph (1), the Commandant shall
submit to the congressional intelligence committees written
notice and justification for the waiver.
(e) National Intelligence Program Defined.--In this section, 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. 417. INTELLIGENCE COMMUNITY COUNTERINTELLIGENCE OFFICES.
(a) Establishment of Offices.--
(1) Agreements with departments and agencies.--The Director
of National Intelligence, acting through the Director of the
National Counterintelligence and Security Center, shall seek to
enter into an agreement with the head of a designated Federal
department or agency under which the Director of National
Intelligence and the head of the designated Federal department
or agency shall establish within the designated Federal
department or agency an office, which shall be known as an
``Intelligence Community Counterintelligence Office'', in
accordance with this section.
(2) Location.--Each office established under this subsection
within a department or agency shall be physically located
within the headquarters of the department or agency and within
reasonable proximity to the offices of the agency or
departmental leadership.
(3) Security.--The Director of the National
Counterintelligence and Security Center shall be responsible
for the protection of classified information and for the
establishment and enforcement of all security-related controls
within an Intelligence Community Counterintelligence Office.
(b) Personnel.--
(1) Director.--
(A) Appointment.--The head of an Intelligence
Community Counterintelligence Office established within
a designated Federal department or agency pursuant to
this section shall be the Director of the Intelligence
Community Counterintelligence Office of the department
or agency who is appointed by the Director of National
Intelligence. The Director of the Intelligence
Community Counterintelligence Office shall--
(i) be supervised and subject to performance
evaluations by the Director of the National
Counterintelligence and Security Center, in
consultation with the head of the department or
agency;
(ii) be an employee of the intelligence
community with significant counterintelligence
experience; and
(iii) serve for a period of 3 years.
(B) Responsibilities.--The Director of an
Intelligence Community Counterintelligence Office at a
designated Federal department or agency shall carry out
the following responsibilities:
(i) Serving as the head of the Intelligence
Community Counterintelligence Office of the
department or agency, with supervisory
responsibility for the Office and any other
personnel assigned to the Office.
(ii) Advising the head of the department or
agency on counterintelligence and intelligence
information.
(iii) Ensuring that counterintelligence
threat information and, as appropriate,
finished intelligence on topics related to the
functions of the department or agency, are
provided to appropriate personnel of the
department or agency without delay.
(iv) Ensuring critical intelligence relevant
to the head of the department or agency is
requested and disseminated in a timely manner.
(v) Establishing, as appropriate, mechanisms
for collaboration through which department or
agency subject matter experts, including those
without security clearances, can share
information and expertise with the intelligence
community.
(vi) Correlating and evaluating
counterintelligence threats identified within
intelligence community reporting, in
coordination with the National
Counterintelligence and Security Center, and
providing appropriate dissemination of such
intelligence to officials of the department or
agency with a need-to-know.
(vii) Advising the head of the agency or
department on methods to improve the
counterintelligence posture of the agency or
department.
(viii) Where appropriate, supporting the
agency or department leadership in engaging
with the National Security Council.
(ix) In coordination with the National
Counterintelligence and Security Center,
establishing counterintelligence partnerships
to improve the counterintelligence defense of
the department or agency.
(2) Deputy director.--Each Intelligence Community
Counterintelligence Office established within a department or
agency shall have a Deputy Director who is appointed by the
head of the department or agency, in coordination with the
Director of National Intelligence. The Deputy Director shall--
(A) be supervised and subject to performance
evaluations by the head of the department or agency, in
consultation with the Director of the National
Counterintelligence and Security Center;
(B) be a current or former employee of the department
or agency with significant experience within such
agency or department; and
(C) serve at the pleasure of the head of the
department or agency.
(3) Other employees.--
(A) Joint duty assignment.--Each Intelligence
Community Counterintelligence Office shall have such
other employees as the Director of National
Intelligence, in consultation with the head of the
department or agency, determines appropriate.
Employment at an Intelligence Community
Counterintelligence Office is an intelligence community
joint duty assignment. A permanent change of station to
an Intelligence Community Counterintelligence Office
shall be for a period of not less than 2 years.
(B) Supervision.--The Director of the Intelligence
Community Counterintelligence Office of a department or
agency shall be responsible for the supervision and
management of employees assigned to the Office of that
department or agency, including employees assigned by
program elements of the intelligence community and
other Federal departments and agencies, as appropriate.
(C) Joint duty or assigned personnel reimbursement.--
The Director of National Intelligence shall reimburse a
program element of the intelligence community or a
Federal department or agency for any permanent change
of station employee assigned to the Office of that
element, department, or agency from amounts authorized
to be appropriated for the Office of the Director of
National Intelligence.
(D) Operation under authority of director of national
intelligence.--Employees assigned to an Intelligence
Community Counterintelligence Office under this
paragraph shall operate under the authorities of the
Director of National Intelligence for the duration of
their assignment or period of employment within the
Office, except for temporary duty assignment employees.
(E) Incentive pay.--
(i) In general.--An employee who accepts
employment at an Intelligence Community
Counterintelligence Office during the 120-day
period after the date of the establishment of
the Office shall receive an incentive payment,
which shall be payable by the Director of
National Intelligence, in an amount equal to 10
percent of the base annual pay of the employee.
Such an employee who completes 2 years of
service in such Office may receive an incentive
payment in an amount equal to 10 percent of the
base annual pay of the employee if the Director
of the Office determines the performance of the
employee is exceptional.
(ii) Additional incentive payments for other
employment.--An employee who receives an
incentive payment or payments under clause (i)
for accepting employment in an Intelligence
Community Counterintelligence Office may
receive an additional incentive payment or
payments if the employee accepts employment at
a different Intelligence Community
Counterintelligence Office. Such payments shall
be made under the same terms and conditions as
payments under clause (i), except that the
amount of each incentive payment shall be 5
percent of the base annual pay of the employee.
(iii) Eligibility.--An employee is only
eligible for an incentive payment under clause
(i) or (ii) if the employee enters into an
agreement with the Director of National
Intelligence to serve in the Intelligence
Community Counterintelligence Office for a
period of at least 2 years.
(c) Funding.--Amounts authorized to be appropriated for the National
Intelligence Program of the Office of the Director of National
Intelligence may be made available for--
(1) the renovation, furnishing, and equipping of a Federal
building, as necessary, to meet the security and operational
requirements of an Intelligence Community Counterintelligence
Office;
(2) the provision of connectivity to the Intelligence
Community Counterintelligence Office of a Federal department or
agency that is located within the building of that department
or agency to enable briefings, secure audio and video
communications, and collaboration between employees of the
department or agency and the intelligence community at the
unclassified, secret, and top secret levels;
(3) the provision of other information technology systems and
devices, such as computers, printers, and phones, for use by
employees of an Intelligence Community Counterintelligence
Office;
(4) the assignment of employees of the intelligence community
to support the operation of an Intelligence Community
Counterintelligence Office; and
(5) the provision of other personal services necessary for
the operation of an Intelligence Community Counterintelligence
Office.
(d) Deadline for Establishment of Office in Department of
Agriculture.--
(1) Establishment.--Not later than January 1, 2025, the
Director of National Intelligence shall seek to establish, in
accordance with this section, an Intelligence Community
Counterintelligence Office within the Department of
Agriculture.
(2) 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 on the plan to establish the Office required under
paragraph (1). Such report shall include the costs and schedule
associated with establishing such Office.
(e) Designated Federal Department or Agency.--In this section, the
term ``designated Federal department or agency'' means the Department
of Agriculture.
SEC. 418. TERMINATION OF CLIMATE SECURITY ADVISORY COUNCIL.
(a) Termination.--The Climate Security Advisory Council established
under section 120 of the National Security Act of 1947 (50 U.S.C. 3060)
shall terminate on the date that is 180 days after the date of the
enactment of this Act.
(b) Wind-down Period.--During the 180-day period beginning on the
date of the enactment of this Act and ending on the date of the
termination of the Climate Security Advisory Council under subsection
(a)--
(1) the Director of National Intelligence shall take such
steps as may be necessary to complete the termination by such
date, including with respect to the discharge of any final
duties; and
(2) the Climate Security Advisory Council may not carry out
operations other than those related to such steps for
termination.
(c) Conforming Repeal.--
(1) Repeal.--Section 120 of the National Security Act of 1947
(50 U.S.C. 3060) is repealed (and conforming the table of
contents accordingly).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 419. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL BUREAU OF
INVESTIGATION PENDING SUBMISSION OF INFORMATION
REGARDING CERTAIN MEDIA ENGAGEMENTS.
(a) Findings.--Congress finds that the Director of the Federal Bureau
of Investigation has previously agreed to provide the information
specified in subsection (b).
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available under the National Intelligence Program
for fiscal year 2024 for the Federal Bureau of Investigation, not more
than 98 percent may be obligated or expended until the Director of the
Federal Bureau of Investigation submits to the congressional
intelligence committees a list of media backgrounders conducted by
personnel of the Federal Bureau of Investigation relating to the 2020
election for President or foreign malign influence in the lead up to
such election, the dates of such engagements, and the persons with whom
such engagements were held.
(c) National Intelligence Program Defined.--In this section, 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. 420. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL BUREAU OF
INVESTIGATION PENDING SUBMISSION OF CERTAIN
MEMORANDUM RELATING TO BUDGET.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available under the National Intelligence Program
for fiscal year 2024 for the Federal Bureau of Investigation, not more
than 99.9 percent may be obligated or expended until the Director of
the Federal Bureau of Investigation, in coordination with the Director
of National Intelligence, submits to the congressional intelligence
committees the memorandum of agreement that governs the policy of the
Federal Bureau of Investigation on budget execution.
(b) National Intelligence Program Defined.--In this section, 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. 421. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE PENDING
SUBMISSION OF CERTAIN DOCUMENTS AND ANNEXES.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024 for the Office of the Director of
National Intelligence, not more than 97 percent may be obligated or
expended until the date on which the Director of National Intelligence
submits each document and, if applicable, each annex that is required
under section 515 of the National Security Act of 1947 (50 U.S.C. 3114)
but that, as of the date of the enactment of this Act, has not been
submitted.
Subtitle B--Reports and Other Matters
SEC. 431. INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC IN CERTAIN
BUDGET JUSTIFICATION MATERIALS.
(a) Inclusion of Counternarcotics as Special Topic.--For the purposes
of the congressional budget justification book for the National
Intelligence Program (as such term is defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) for each of fiscal
years 2025 through 2027, and for any subsequent fiscal year as the
Director of National Intelligence determines appropriate, information
with respect to the aggregate amount of funding requested for
counternarcotics required to be included as part of the budget
justification materials submitted to Congress under section 506(a)(3)
of such Act shall be included as a provision relating to a special
topic in such congressional budget justification book.
(b) Contents.--With respect to a fiscal year, the special topic
provision included in the congressional budget justification book
pursuant to subsection (a) regarding the aggregate amount of funding
requested for counternarcotics shall include--
(1) a summary of the main activities and investments that
such requested funding would support;
(2) a breakdown of such requested funding by program, budget
category, intelligence discipline, and any other appropriate
classification;
(3) a comparison of aggregate requested funding and aggregate
enacted funding for counternarcotics for the current fiscal
year and the previous fiscal year;
(4) the number of full-time equivalent civilian and military
personnel assigned to the counternarcotics mission of the
intelligence community; and
(5) such other information as the Director of National
Intelligence determines appropriate.
SEC. 432. DEVELOPMENT OF PLAN TO MAKE OPEN-SOURCE INTELLIGENCE PRODUCTS
AVAILABLE TO CERTAIN FEDERAL EMPLOYEES.
(a) Plan Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with such heads of the elements of the intelligence
community as the Director considers appropriate, shall develop and
submit to the congressional intelligence committees a plan to make
available to covered individuals any covered open-source intelligence
product.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) Policies and procedures to make available to covered
individuals any covered open-source intelligence product in a
manner consistent with the protection of intelligence sources
and methods.
(2) Policies and procedures to increase the availability and
accessibility to covered individuals of publicly available
foreign language material that is translated by or within the
intelligence community.
(3) Policies and procedures to ensure that the head of each
element of the intelligence community that produces any covered
open-source intelligence product complies with all policies and
procedures issued to implement the plan submitted under
subsection (a).
(4) Policies and procedures to ensure that any covered open-
source intelligence product that is made available to covered
individuals satisfies the requirements under any policy,
procedure, or standard issued by the head of an element of the
intelligence community relating to the production and
dissemination of intelligence products.
(5) Any obstacles to making available to covered individuals
unclassified products derived from open-source intelligence
produced by the intelligence community, including translated
foreign language material described in paragraph (2).
(6) With respect to implementation of the plan, a discussion
of the estimated timeline, any additional funding or other
resources, and any new authorities that would be required for
such implementation.
(7) A discussion of the feasibility and advisability of
making unclassified products derived from open-source
intelligence produced by the intelligence community available
to State and local government officials who would derive value
from such unclassified products.
(c) Form.--The plan required under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Intelligence Community Directive With Respect to Open-source
Intelligence.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence shall update
Intelligence Community Directive 208, Maximizing the Utility of
Analytic Products (or any successor directive) to specifically
address--
(1) the production and dissemination of unclassified
intelligence products derived entirely from open-source
intelligence, including from unclassified publicly available
information, unclassified commercially available information,
or any other type of unclassified information; and
(2) the needs and requirements of covered individuals who do
not hold a security clearance or have access to the classified
systems on which such unclassified intelligence products
reside.
(e) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means an employee of the Federal Government--
(A) who is not an employee or contractor of an
element of the intelligence community; and
(B) who would derive value from a covered open-source
intelligence product.
(2) Covered open-source intelligence product.--The term
``covered open-source intelligence product'' means an
unclassified product derived from open-source intelligence that
is produced by the intelligence community.
SEC. 433. INTELLIGENCE COMMUNITY-WIDE POLICY ON PREPUBLICATION REVIEW.
Not later than 30 days after the date of the enactment of this Act,
the Director of National Intelligence shall issue, and submit to the
congressional intelligence committees, an intelligence community-wide
policy regarding prepublication review.
SEC. 434. REVIEW RELATING TO CONFIDENTIAL HUMAN SOURCE PROGRAM OF
FEDERAL BUREAU OF INVESTIGATION.
(a) Review by Inspector General of Intelligence Community.--
(1) Review.--The Inspector General of the Intelligence
Community, in coordination with the Inspector General of the
Department of Justice, shall conduct a review of the policies
and procedures governing the confidential human source program
of the Federal Bureau of Investigation (in this section
referred to as the ``program)'' and the compliance by the
Federal Bureau of Investigation with such policies and
procedures, including--
(A) the policy of the Department of Justice titled
``The Attorney General's Guidelines Regarding the Use
of FBI Confidential Sources'' (or successor policy);
and
(B) Intelligence Community Directive 304 (or
successor directive).
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) An assessment of the compliance by the Federal
Bureau of Investigation with the policies and
procedures governing the program, including with
respect to the management and validation of
confidential human sources under such program.
(B) An assessment of the means by which the Federal
Bureau of Investigation conducts risk assessments
relating to the continual validation of long-term
confidential human sources under the program.
(C) An assessment of the timeliness and completion
rates of the reviews of confidential human sources
under the program.
(D) An identification of the data points assessed by
the Federal Bureau of Investigation during such reviews
and the State and local databases used in conducting
such reviews.
(E) A list containing an identification of each
incident of noncompliance with a policy or procedure
specified in subparagraph (A).
(3) Submission.--Not later than 90 days after the date on
which the review under paragraph (1) is completed, the
Inspector General of the Intelligence Community shall submit to
the congressional intelligence committees a report containing
the results of such review.
(b) Requirement.--Beginning not later than 180 days after the date of
the enactment of this Act, with respect to any confidential human
source the management of which is funded through the National
Intelligence Program--
(1) if an agent of the Federal Bureau of Investigation has
reasonable grounds to believe that such a confidential human
source, or any immediate family member of such a source, has
engaged in unauthorized criminal activity, including any
misdemeanor or felony crime, the agent shall promptly notify a
confidential human source coordinator or the assigned Federal
prosecutor; and
(2) the file of each such confidential human source shall be
reviewed on at least a quarterly basis and in a manner
otherwise consistent with the guidelines of the Attorney
General and other policies of the Federal Bureau of
Investigation.
(c) Definitions.--In this section:
(1) Immediate family member.--The term ``immediate family
member'' means, with respect to an individual, a spouse,
domestic partner, parent, sibling, child, stepparent,
stepsibling, or stepchild of the individual.
(2) National intelligence program.--The term ``National
Intelligence Program'' has the meaning given such term in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
SEC. 435. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY ASSESSMENT OF
OVERT HUMAN INTELLIGENCE COLLECTION PROGRAM OF
DEPARTMENT OF HOMELAND SECURITY.
(a) Assessment.--
(1) Requirement.--The Inspector General of the Intelligence
Community shall conduct an assessment of the Overt Human
Intelligence Collection Program administered by the Under
Secretary of Homeland Security for Intelligence and Analysis.
(2) Elements.--The assessment under paragraph (1) shall
include findings and, as appropriate, recommendations on the
following:
(A) Whether the Overt Human Intelligence Collection
Program is authorized or otherwise supported by legal
authorities.
(B) Whether, and to what extent, such Program has
provided valuable insights on national intelligence
priorities and intelligence priorities of the
Department of Homeland Security.
(C) Whether there is sufficient training provided to,
and sufficient oversight provided of, officers and
employees of the Office of Intelligence and Analysis of
the Department of Homeland Security who conduct
interviews or other engagements for intelligence
collection purposes under such Program.
(D) Whether the responsibilities, procedures, and
requirements for such Program set forth in Policy
Instruction 907 of the Office of Intelligence and
Analysis, issued on June 29, 2016, (or any successor
instruction) are clear, complete, and consistently
complied with by such officers and employees.
(E) Whether such Program raises, or, with respect to
activities conducted under such Program prior to the
date of such assessment, has raised, legal, ethical, or
operational concerns, including concerns relating to
the actual or potential violation of any applicable
policies or procedures for protecting the
constitutional or statutory rights of United States
persons.
(F) Any other matter the Inspector General of the
Intelligence Community determines appropriate.
(3) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall provide to the appropriate
congressional committees a briefing on the preliminary findings
and recommendations of the Inspector General with respect to
the assessment under paragraph (1).
(4) Report.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the appropriate
congressional committees a report containing the findings and
recommendations of the Inspector General with respect to the
assessment under paragraph (1).
(b) Prohibition on Availability of Funds.--None of the funds
authorized to be appropriated by this Act may be made available to the
Office of Intelligence and Analysis to conduct or resume a covered
activity.
(c) Definition.--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) Covered activity.--The term ``covered activity'' means an
activity the conduct of which under the Overt Human
Intelligence Collection Program was paused in 2022 (as
described in the document submitted to the Permanent Select
Committee on Intelligence of the House of Representatives by
the Under Secretary of Homeland Security for Intelligence and
Analysis, titled ``Response to Questions during HPSCI Briefing
on March 7, 2023''), involving the conduct by an officer or
employee of the Office of Intelligence and Analysis of an
interview or other engagement for intelligence collection
purposes with an individual, in connection with a criminal
matter--
(A) who has been charged, arraigned, or is in the
custody of a Federal, State, or local law enforcement
agency; and
(B) whose guilt with respect to such matter has not
yet been adjudicated.
(3) Overt human intelligence collection program.--The term
``Overt Human Intelligence Collection Program'' means the
program established by the Under Secretary of Homeland Security
for Intelligence and Analysis pursuant to Policy Instruction
907 of the Office of Intelligence and Analysis, issued on June
29, 2016 (or any successor program).
(4) United states person.--The term ``United States person''
has the meaning given that term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 436. INTELLIGENCE ASSESSMENTS REGARDING HAITI.
(a) Intelligence Community Assessment.-- The Director of National
Intelligence, acting through the National Intelligence Council, shall
produce an intelligence community assessment regarding Haiti. Such
assessment shall include each of the following:
(1) An analysis of the security, political, and economic
situation in Haiti, and its effect on--
(A) the people of Haiti;
(B) other countries in the Caribbean region; and
(C) the United States, including Puerto Rico and the
United States Virgin Islands, as a result of increased
out-migration from Haiti to the United States, the
increased use of Haiti as a transshipment point for
illicit drugs destined for the United States, or any
other relevant factor or trend.
(2) A description of opportunities available to improve or
stabilize the security, political, and economic situation in
Haiti.
(3) An identification of specific events or actions in Haiti
that, were they to occur individually or in combination, would
serve as signposts indicating the further deterioration or
collapse of the security, political, and economic situation in
Haiti.
(b) Intelligence Assessment.--The Director of National Intelligence
shall produce an intelligence assessment based on a review of the
intelligence products pertaining to Haiti that were written by elements
of the intelligence community and provided to policymakers during the
period of time beginning on January 1, 2021, and ending on July 7,
2021. Such assessment shall include each of the following:
(1) An analysis of whether, during the time period covered by
the assessment, the intelligence community provided
policymakers with adequate indications and warning of the
assassination of Haitian President Jovenal Moise on July 7,
2021.
(2) An analysis of whether, during such time period, the
intelligence community provided policymakers with useful and
unique insights, derived from both covertly collected and open-
source intelligence, that policymakers would not otherwise have
been able to obtain from sources outside of the intelligence
community.
(3) Based on the analyses conducted under paragraphs (1) and
(2), any recommendations to improve indications and warning or
to otherwise enhance the utility for policymakers of
intelligence products that the intelligence community prepares
on Haiti, specifically, or on other countries characterized by
chronic insecurity, instability, and poverty.
(c) Submission to Congress.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Director shall concurrently submit
to the congressional intelligence committees the intelligence
community assessment produced under subsection (a) and the
intelligence assessment produced under subsection (b).
(2) Form.-- The assessments submitted under paragraph (1)
shall be submitted in classified form.
SEC. 437. INTELLIGENCE ASSESSMENT OF INFLUENCE OPERATIONS BY PEOPLE'S
REPUBLIC OF CHINA TOWARD PACIFIC ISLANDS COUNTRIES.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of State for
Intelligence and Research, in consultation with the heads of the other
elements of the intelligence community that the Assistant Secretary
determines appropriate, shall submit to the congressional intelligence
committees an assessment of influence operations by the People's
Republic of China toward Pacific Islands countries.
(b) Elements.--The intelligence assessment under subsection (a) shall
include the following:
(1) A description of recent and potential future efforts by
the People's Republic of China, using either overt or covert
means, to enhance its security, political, diplomatic, or
economic ties with Pacific Islands countries.
(2) An assessment of how the People's Republic of China views
the success of its efforts to expand influence in Pacific
Islands countries, and the importance of such efforts to its
national security, foreign policy, and economic development
objectives.
(3) An identification of Pacific Islands countries in which
the People's Republic of China has established, or is seeking
to establish, an intelligence presence or intelligence
partnerships.
(4) An assessment of the degree to which the People's
Republic of China is using economic or other forms of coercion
to pressure the Pacific Islands countries that diplomatically
recognize Taiwan (the Republic of the Marshall Islands, Palau,
Nauru, and Tuvalu) into instead recognizing the People's
Republic of China.
(5) An analysis of how specific Pacific Islands countries are
responding to efforts by the People's Republic of China to
increase bilateral engagement.
(6) An assessment of the influence of the People's Republic
of China in the Pacific Islands Forum (the main multilateral
organization of the region) and of the efforts of the People's
Republic of China to establish parallel regional organizations
and recruit Pacific Islands countries to participate.
(7) An analysis of opportunities for the United States to
counter influence operations by the People's Republic of China
in the Pacific Islands region that undermine the national
security or economic interests of the United States.
(c) Form.--The intelligence assessment under subsection (a) may be
submitted in classified form.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs and the Select
Committee on the Strategic Competition Between the
United States and the Chinese Communist Party of the
House of Representatives; and
(C) the Committee on Foreign Relations of the Senate.
(2) Pacific islands countries.--The term ``Pacific Islands
countries'' includes the Federated States of Micronesia, Fiji,
French Polynesia, Kiribati, the Republic of the Marshall
Islands, Nauru, Palau, Solomon Islands, Tonga, Samoa, Niue,
Tuvalu, and Vanuatu.
SEC. 438. INDEPENDENT STUDY ON ECONOMIC IMPACT OF MILITARY INVASION OF
TAIWAN BY PEOPLE'S REPUBLIC OF CHINA.
(a) Requirement.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall seek
to enter into a contract with an eligible entity to conduct a
comprehensive study on the global economic impact of a military
invasion of Taiwan by the People's Republic of China or certain other
aggressive or coercive actions taken by the People's Republic of China
with respect to Taiwan.
(b) Matters Included.--The study required under subsection (a) shall
include the following:
(1) An assessment of the economic impact globally, in the
United States, and in the People's Republic of China that would
result from an invasion of Taiwan by the People's Republic of
China under various potential invasion and response scenarios,
including with respect to the impact on--
(A) supply chains;
(B) trade flows;
(C) financial markets;
(D) sovereign debt; and
(E) gross domestic product, unemployment, and other
key economic indicators.
(2) An assessment of the economic impact globally, in the
United States, and in the People's Republic of China that would
result from of an aggressive or coercive military, economic, or
other action taken by the People's Republic of China with
respect to Taiwan that falls short of an invasion, including as
a result of a blockade of Taiwan.
(3) The development of economic policy options, to include
sanctions and supply chain restrictions, designed to cause
escalating impacts on the economy of the People's Republic of
China during a preconflict phase.
(c) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the eligible entity that the
Director of National Intelligence enters into an agreement with
under subsection (a) shall submit to the Director a report
containing the results of the study conducted under such
subsection.
(2) Submission to congress.--Not later than 30 days after the
date the Director receives the report under paragraph (1), the
Director shall submit the report to the congressional
intelligence committees.
(3) Form of report.--The report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(d) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a federally funded research and development center or
nongovernmental entity which has--
(1) a primary focus on studies and analysis;
(2) experience and expertise relevant to the study required
under subsection (a); and
(3) a sufficient number of personnel with the appropriate
security clearance to conduct such study.
SEC. 439. REPORTS ON CIVILIAN CASUALTIES CAUSED BY CERTAIN OPERATIONS
OF FOREIGN GOVERNMENTS.
(a) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 2 years, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report on civilian casualties caused by
covered operations.
(b) Elements.--Each report under subsection (a) shall include, for
the year covered by the report, each of the following:
(1) A list identifying each covered operation during that
year that has resulted in civilian casualties that the Director
of National Intelligence has confirmed.
(2) An identification of the total number of civilian
casualties resulting from covered operations during that year
that the Director of National Intelligence has confirmed.
(3) For each covered operation identified in the list under
paragraph (1), an identification of the following:
(A) The date on which, and the location where, the
covered operation occurred.
(B) The element of the foreign government that
conducted the covered operation.
(C) The individual or entity against which the
covered operation was directed.
(D) Any other circumstances or facts that the
Director of National Intelligence determines relevant.
(c) Form.--Each report required under subsection (a) may be submitted
in classified form, but if so submitted shall include an unclassified
executive summary.
(d) Covered Operation Defined.--In this section, the term ``covered
operation'' means an operation--
(1) conducted by a foreign government;
(2) involving the use of force; and
(3) in which intelligence shared by an element of the
intelligence community plays a significant role.
SEC. 440. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON UYGHUR
GENOCIDE.
(a) Report on Uyghur Genocide.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the relevant heads of the
elements of the intelligence community, shall submit to the
congressional intelligence committees a report on the Uyghur
genocide.
(2) Matters.--The report under paragraph (1) shall address
the following matters:
(A) Forced sterilization, forced birth control, and
forced abortion of Uyghurs.
(B) Forced transfer of Uyghur children from their
families.
(C) Forced labor of Uyghurs, inside and outside of
Xinjiang.
(D) The work conditions of Uyghur laborers (including
laborers in the textile, automobile and electric
vehicle, solar panel, polyvinyl chloride, and rare
earth metals sectors), including an identification of
any company that is--
(i) organized under the laws of the People's
Republic of China or otherwise subject to the
jurisdiction of (or over which control is
exercised or exercisable by) the Government of
the People's Republic of China; and
(ii) employing forced Uyghur laborers from
Xinjiang.
(E) Any other forms of physical or psychological
torture against Uyghurs.
(F) Any other actions that infringe on the rights of
Uyghurs to live freely in accordance with their
customs, culture, and religious practices.
(G) The methods of surveillance of Uyghurs, including
surveillance via technology, law enforcement
notifications, and forcing Uyghurs to live with other
individuals for monitoring purposes.
(H) Such other matters as the Director of National
Intelligence may determine appropriate.
(3) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(b) Definitions.--In this section, the terms ``congressional
intelligence committees'', ``intelligence'', ``intelligence
community'', and ``national intelligence'' have the meanings given
those terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 441. TECHNICAL CORRECTIONS.
(a) National Security Act of 1947.--The National Security Act of 1947
(50 U.S.C. 3001 et seq.) is amended--
(1) in section 102A(n) (50 U.S.C. 3024(n)) by redesignating
the second paragraph (5) as paragraph (6);
(2) in section 503(c)(3) (50 U.S.C. 3093(c)(3)), by striking
``section'' and inserting ``subsection'';
(3) in section 805(6) (50 U.S.C. 3164(6)), by striking
``sections 101 (a) and (b)'' and inserting ``subsections (a)
and (b) of section 101''; and
(4) in section 1102A (50 U.S.C. 3232a)--
(A) in subsection (b)(3), by striking ``subsection
(2)'' and inserting ``paragraph (1)''; and
(B) in subsection (c)(4)(C)(iv), by striking
``wavier'' and inserting ``waiver''.
(b) Intelligence Authorization Act for Fiscal Year 2023.--The
Intelligence Authorization Act for Fiscal Year 2023 (division F of
Public Law 117-263) is amended--
(1) in section 6422(b) (50 U.S.C. 3334l(b)), by striking
``Congressional'' and inserting ``congressional''; and
(2) in section 6732(b) (50 U.S.C. 3024 note; 136 Stat. 3583),
by striking ``paragraph (5)'' and inserting ``paragraph (6)''.
(c) David L. Boren National Security Education Act of 1991.--The
David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901
et seq.) is amended--
(1) in section 802(j)(6) (50 U.S.C. 1902(j)(6))--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(B) in subparagraph (B), as so redesignated, by
striking ``subparagraph (D)'' and inserting
``subparagraph (C)'';
(2) in section 803(d)(9)(D) (50 U.S.C. 1903(d)(9)(D)), by
striking ``Local'' and inserting ``local''; and
(3) in section 808(4)(A) (50 U.S.C. 1908(4)(A)), by striking
``a agency'' and inserting ``an agency''.
(d) Central Intelligence Agency Retirement Act.--The Central
Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) is
amended--
(1) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by
striking ``subsection 241(c)'' and inserting ``section
241(c)'';
(2) in section 263(g)(1) (50 U.S.C. 2093(g)(1)), by striking
``Fund'' and inserting ``fund'';
(3) in section 271(b) (50 U.S.C. 2111(b)), by striking
``section 231(b)'' and inserting ``section 231(c)''; and
(4) in section 304(c) (50 U.S.C. 2154(c))--
(A) in paragraph (1)(B)(i), by striking ``title 50''
and inserting ``title 5''; and
(B) in paragraph (5)(A)(ii), by striking ``sections''
and inserting ``section''.
(e) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 3001 of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)(i), by striking the semicolon
and inserting ``);''; and
(B) in paragraph (9)(A), by striking ``with
industry'' and inserting ``within industry''; and
(2) in subsection (j)(1)(C)(i), by striking ``(d),'' and all
that follows through ``section 8H'' and inserting ``(d), and
(h) of section 8H''.
(f) Intelligence Authorization Act for Fiscal Year 2003.--The
Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-
306; 116 Stat. 2383) is amended--
(1) in section 313(d)(3)(B) (50 U.S.C. 3361(d)(3)(B)), by
adding a period at the end; and
(2) in section 343(d)(1) (50 U.S.C. 3363(d)(1)), by striking
``Not later then'' and inserting ``Not later than''.
(g) Central Intelligence Agency Act of 1949.--The Central
Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended--
(1) in section 4--
(A) in subsection (a)(1)(E) (50 U.S.C.
3505(a)(1)(E)), by striking the period at the end and
inserting ``; and''; and
(B) in subsection (b)(2) (50 U.S.C. 3505(b)(2)), by
striking ``authorized by section'' and inserting
``authorized by sections'';
(2) in section 6 (50 U.S.C. 3507), by striking ``or of the,
names'' and inserting ``or of the names'';
(3) in section 12(a)(2)(A) (50 U.S.C. 3512(a)(2)(A)), by
striking ``used only for--"'' and inserting ``used only for--
'';
(4) in section 17--
(A) in subsection (d)(5)(B)(ii) (50 U.S.C.
3517(d)(5)(B)(ii)), by adding a period at the end; and
(B) in subsection (e)(4) (50 U.S.C. 3517(e)(4)), by
striking ``which oath affirmation, or affidavit'' and
inserting ``which oath, affirmation, or affidavit'';
and
(5) in section 19(a)(2) (50 U.S.C. 3519(a)(2)), by striking
``, as a participant'' and inserting ``as a participant''.
(h) Central Intelligence Agency Voluntary Separation Pay Act.--
Section 2(a)(1) of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 3519a(a)(1)) is amended by adding ``and'' at the
end.
(i) National Security Agency Act of 1959.--Section 16(d)(1) of the
National Security Agency Act of 1959 (50 U.S.C. 3614(d)(1)) is amended
by striking ``program participant,'' and inserting ``program
participant''.
(j) Intelligence Authorization Act for Fiscal Year 1995.--Section
811(e)(7) of the Intelligence Authorization Act for Fiscal Year 1995
(50 U.S.C. 3381(e)(7)) is amended by striking ``sections 101 (a) and
(b)'' and inserting ``subsections (a) and (b) of section 101''.
(k) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
TITLE V--MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD
ARCHITECTURE
SEC. 501. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2024''.
SEC. 502. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-DOMAIN ANOMALY
RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a)
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended--
(1) in the heading, by striking ``director of national
intelligence and secretary of defense'' and inserting ``all-
domain anomaly resolution office''; and
(2) in subparagraph (A), by striking ``Director of National
Intelligence and the Secretary of Defense shall jointly'' and
inserting ``Director of the Office shall''.
SEC. 503. 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) 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.
(g) Military Intelligence Collection and Analysis Activity Defined.--
In this section, the term ``military intelligence collection and
analysis activity'' means--
(1) the conduct of a combined human intelligence and
counterintelligence activity;
(2) the collection, processing, exploitation, analysis, and
dissemination of all-source intelligence;
(3) the conduct of a foreign defense intelligence liaison
relationship or defense intelligence exchange program; or
(4) the research, development, acquisition, and sustainment
of an information technology system or telecommunication
capability in support of an activity described in paragraph
(1), (2), or (3).
SEC. 504. AUTHORIZATION FOR ESTABLISHMENT OF NATIONAL SPACE
INTELLIGENCE CENTER AS FIELD OPERATING AGENCY.
(a) Authority.--Notwithstanding any other provision of law
prohibiting the establishment of a field operating agency, the
Secretary of the Air Force may establish the National Space
Intelligence Center as a field operating agency of the Space Force to
analyze and produce scientific and technical intelligence on space-
based and counterspace threats from foreign adversaries.
(b) Requirement.--If the Secretary of the Air Force decides to
establish the National Space Intelligence Center as a field operating
agency, the Secretary shall consider the operational and geographical
benefits provided by co-locating the National Space Intelligence Center
with the National Air and Space Intelligence Center.
SEC. 505. DEFENSE INTELLIGENCE AGENCY ASSESSMENT OF STRATEGIC
COMPETITION IN LATIN AMERICA AND THE CARIBBEAN.
(a) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the appropriate congressional committees an intelligence
assessment on the level of intelligence and defense cooperation between
covered countries and--
(1) the People's Republic of China; and
(2) the Russian Federation.
(b) Elements.--The intelligence assessment under subsection (a) shall
include a description of any security-related cooperation or engagement
between covered countries and the People's Republic of China or the
Russian Federation in the following areas:
(1) Strategic dialogue.
(2) Training or professional military education.
(3) Defense agreements.
(4) Intelligence sharing agreements.
(5) Arms transfers.
(6) Defense equipment transfers.
(7) Military exercises.
(8) Joint operations.
(9) Permanent military presence.
(10) Space cooperation.
(11) Any other area the Director of the Defense Intelligence
Agency determines appropriate.
(c) Form.--The assessment under subsection (a) may be provided in
classified form.
(d) Format.--To the extent practicable, the Director shall present
the information contained in the assessment under subsection (a) in the
format of a chart or other graphic.
(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 such
term is defined in section 101(a) of title 10, United
States Code.
(2) Covered country.--The term ``covered country'' means
Mexico and each foreign country or territory in Central or
South America or in the Caribbean.
SEC. 506. QUARTERLY BRIEFINGS RELATING TO USE OF MILITARY INTELLIGENCE
PROGRAM FUNDS.
Not less frequently than once each quarter, the Secretary of Defense
shall provide to the Permanent Select Committee on Intelligence of the
House of Representatives a briefing on--
(1) significant military operations of the Department of
Defense carried out during the immediately preceding quarter
and funded by amounts made available under the Military
Intelligence Program; and
(2) all clandestine operations in the information environment
carried out during the immediately preceding quarter and funded
or otherwise enabled by amounts made available under the
Military Intelligence Program.
TITLE VI--MATTERS RELATING TO NATIONAL SECURITY AGENCY, CYBER, AND
COMMERCIAL CLOUD ENTERPRISE
SEC. 601. CONGRESSIONAL NOTIFICATION BY NATIONAL SECURITY AGENCY OF
INTELLIGENCE COLLECTION ADJUSTMENTS.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.) is
amended by adding at the end the following new section:
``SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLECTION
ADJUSTMENTS.
``(a) Notification.--Not later than 30 days after the date on which
the Director of the National Security Agency determines the occurrence
of an intelligence collection adjustment, the Director shall submit to
the congressional intelligence committees a notification of the
intelligence collection adjustment.
``(b) Definitions.--In this section:
``(1) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
that term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
``(2) Intelligence collection adjustment.--The term
`intelligence collection adjustment' includes a change by the
United States Government to a policy on intelligence collection
or the prioritization thereof that results in a significant
loss of intelligence.''.
SEC. 602. MODIFICATIONS TO ENFORCEMENT OF CYBERSECURITY REQUIREMENTS
FOR NATIONAL SECURITY SYSTEMS.
Section 6309 of the Intelligence Authorization Act for Fiscal Year
2023 (Public Law 117-263) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Implementation Report.--Each head of an element of the
intelligence community that owns or operates a national security system
shall submit to the congressional intelligence committees not later
than 90 days after the date of the enactment of this subsection a plan
detailing the cost and schedule requirements necessary to meet all of
the cybersecurity requirements for national security systems by the end
of fiscal year 2026.''.
SEC. 603. SUPPORT BY INTELLIGENCE COMMUNITY FOR CERTAIN CROSS-
FUNCTIONAL TEAM OF DEPARTMENT OF DEFENSE.
(a) Access to Information.--Upon request by the cross-functional team
of the Department of Defense established under section 910 of the
National Defense Authorization Act of Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 111 note) (in this section referred to as the ``cross-
functional team''), and consistent with the protection of intelligence
sources and methods, the head of any element of the intelligence
community shall provide such team with access to any information
(including any intelligence reporting, analysis, or finished
intelligence product) of the element potentially relevant to the duties
of such team required under subsection (b)(1) of such section.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed as waiving the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191) or any other applicable
law regarding privacy or the protection of health information.
(c) Staffing of Cross-functional Team by Certain Elements.--
(1) Staffing.--The head of each covered element shall detail
or assign to the cross-functional team, including through a
joint duty assignment (as applicable), intelligence or
counterintelligence personnel of that covered element in such
numbers as the head, in consultation with such team, determines
necessary to support such team in fulfilling the duties
required under section 910(b)(1) of the National Defense
Authorization Act of Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 111 note).
(2) National security agency.--In carrying out paragraph (1)
with respect to the National Security Agency, the Director of
the National Security Agency shall ensure there is detailed or
assigned to the cross-functional team at least 1 individual
determined appropriate by the Director, who, while so detailed
or assigned, shall provide such team with technical expertise
of the National Security Agency relevant to the fulfilment of
the duties referred to in paragraph (1).
(d) Additional Detail Authority.--Upon request by the cross-
functional team, the head of any element of the intelligence community
may detail to such team personnel of the element to provide
intelligence, counterintelligence, or related support.
(e) Covered Element Defined.--In this section, the term ``covered
element'' means the following:
(1) The National Security Agency.
(2) The Defense Intelligence Agency.
(3) The intelligence elements of the Army, the Navy, the Air
Force, and the Marine Corps.
SEC. 604. COMMERCIAL CLOUD ENTERPRISE NOTIFICATION.
(a) Notification Requirement.--Not later than 90 days after the date
of the enactment of this Act, and on a quarterly basis thereafter, the
Director of the Central Intelligence Agency shall submit to the
congressional intelligence committees a notification relating to the
Commercial Cloud Enterprise contract entered into by the Director of
the Central Intelligence Agency in November 2020 for commercial cloud
services for the intelligence community, which shall include--
(1) the number and value of all task orders issued under such
contract, broken down by vendor, for each element of the
intelligence community;
(2) the duration of each task order;
(3) the number of sole source task orders issued compared to
the number of task orders issued on a competitive basis under
such contract; and
(4) with respect to each vendor authorized to provide
commercial cloud services under such contract, an update on the
status of the security accreditation and authority to operate
decision of each vendor.
(b) Data Sharing.--The head of each element of the intelligence
community shall share such data with the Director of the Central
Intelligence Agency as the Director determines necessary to prepare the
notification required under subsection (a).
(c) Sunset.--The requirement to submit the notification under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
SEC. 605. COMMERCIAL CLOUD ENTERPRISE SOLE SOURCE TASK ORDER
NOTIFICATION REQUIREMENT.
(a) Notification Requirement.--Not later than 90 days after the date
of the enactment of this Act, and on a semiannual basis thereafter, the
head of each element of the intelligence community shall submit to the
congressional intelligence committees a notification with respect to
any sole source task order awarded by such head under the contract
relating to the Commercial Cloud Enterprise entered into by the
Director of the Central Intelligence Agency in November 2020 for
commercial cloud services for the intelligence community.
(b) Contents.--Each notification required under subsection (a) shall
include, with respect to the task order concerned--
(1) a description of the order;
(2) a summary of services provided under the order;
(3) the value of the order;
(4) the justification for awarding the order on a sole source
basis; and
(5) an identification of the vendor awarded the order.
(c) Sunset.--The requirement to submit the notification under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
SEC. 606. ANALYSIS OF COMMERCIAL CLOUD INITIATIVES OF INTELLIGENCE
COMMUNITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with such heads of elements of the intelligence community
as the Director considers appropriate--
(1) complete a comprehensive analysis of the commercial cloud
initiatives of the intelligence community relating to the
Commercial Cloud Enterprise contract entered into by the
Director of the Central Intelligence Agency in November 2020;
and
(2) provide to the congressional intelligence committees a
briefing on the findings of the Director with respect to the
analysis conducted pursuant to paragraph (1).
(b) Elements.--The analysis conducted under subsection (a) shall
include--
(1) the current year and 5-year projected costs for
commercial cloud utilization for each element of the
intelligence community, including costs related to data
storage, data migration, egress fees, and any other commercial
cloud services;
(2) the termination or planned termination, as the case may
be, of legacy data storage capacity of an element of the
intelligence community and the projected cost savings resulting
from such termination;
(3) efforts underway by the Office of the Director of
National Intelligence and elements of the intelligence
community to utilize multiple commercial cloud service
providers; and
(4) the operational value that elements of the intelligence
community are achieving through utilization of commercial cloud
analytic tools and services.
TITLE VII--MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY
SEC. 701. INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE AGENCY
QUARTERLY EMPLOYEE ENGAGEMENT SUMMARIES.
Section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517) is amended by adding at the end the following new subsection:
``(i) Quarterly Employee Engagement Summaries.--(1) Not later than 30
days after the last day of each fiscal quarter, the Inspector General
shall provide to the appropriate congressional committees a summary of
the engagement of Agency employees with the Inspector General during
that quarter.
``(2) Each summary required under paragraph (1) shall include each of
the following for the quarter covered by the summary:
``(A) The total number of reports filed with the Inspector
General by Agency employees.
``(B) An identification of the nature of the allegation made
in each such report, such as--
``(i) fraud, waste, and abuse;
``(ii) harassment or other personnel issues;
``(iii) questionable intelligence activities; or
``(iv) threats to health and safety.
``(C) For each such report--
``(i) whether an investigation was initiated because
of the report;
``(ii) for any such investigation, whether the status
of the investigation is initiated, in progress, or
complete; and
``(iii) for any completed investigation, whether the
allegation made in the report was found to be
substantiated or unsubstantiated, and whether any
recommendations or criminal referrals were made as a
result.
``(D) A copy of any audit, assessment, inspection, or other
final report completed by the Inspector General during the
quarter covered by the summary.
``(3) In this subsection, the term `appropriate congressional
committees' means--
``(A) the Permanent Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives; and
``(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.''.
SEC. 702. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY CENTRAL
INTELLIGENCE AGENCY FOR QUALIFYING INJURIES TO
BRAIN.
Section 19A(d) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a
fiscal year may be made using any amounts--
``(i) appropriated in advance specifically
for payments under such paragraph; or
``(ii) reprogrammed in accordance with
section 504 of the National Security Act of
1947 (50 U.S.C. 3094).
``(B) Budget.--For each fiscal year, the Director
shall include with the budget justification materials
submitted to Congress in support of the budget of the
President for that fiscal year pursuant to section
1105(a) of title 31, United States Code, an estimate of
the amounts required in that fiscal year to make
payments under paragraph (2).''.
SEC. 703. BENJAMIN TALLMADGE INSTITUTE AS PRIMARY CENTRAL INTELLIGENCE
AGENCY ENTITY FOR EDUCATION AND TRAINING IN
COUNTERINTELLIGENCE.
(a) In General.--The Director of the Central Intelligence Agency
shall maintain the Benjamin Tallmadge Institute as the primary entity
within the Central Intelligence Agency for education and training
related to all aspects of counterintelligence.
(b) Responsibilities of Director.--The Director of the Central
Intelligence Agency shall--
(1) ensure the Institute is fully and properly organized and
has the resources necessary to provide counterintelligence
education and training for all career fields within the Agency,
including specialized certifications for Agency
counterintelligence personnel;
(2) develop appropriate certification courses that are
designed to educate, train, and certify Agency personnel in--
(A) counterintelligence threats, insider threats, and
other counterintelligence processes and issues;
(B) the conduct and support of counterintelligence
inquiries and investigations;
(C) relevant skills necessary for coordination with
Federal law enforcement; and
(D) any other skills as the Director determines
necessary;
(3) identify and designate specific positions for which an
individual shall be required to have a certification described
in paragraph (2) prior to filling such a position; and
(4) develop necessary infrastructure and capacity to support
National Counterintelligence and Security Center outreach
programs to increase participation by personnel from other
components of the intelligence community in the courses offered
by the Institute.
(c) Training and Familiarization Courses.--
(1) In general.--The head of the Institute shall--
(A) develop training and familiarization courses at
different classification levels, including courses at
an unclassified level; and
(B) offer instruction in the courses developed under
subparagraph (A) or make training curricula available
to other intelligence community components, as
appropriate, to support outreach efforts.
(2) Availability of courses.--The training and
familiarization courses developed under paragraph (1) shall be
made available to any of the following that have a need and
appropriate clearance, as determined by the Director of the
National Counterintelligence and Security Center, for a general
education on counterintelligence threats, briefings on specific
topics, or other training related to counterintelligence:
(A) Federal departments and agencies that are not
elements of the intelligence community.
(B) State, local, and Tribal governments, as the
Director determines appropriate.
(C) Private sector entities, as the Director
determines appropriate.
(D) Such other personnel and entities as the Director
may determine appropriate.
(d) Baseline Certification Course.--
(1) In general.--The Institute shall develop, in coordination
with the National Counterintelligence and Security Center and
the Defense Intelligence Agency, and implement a baseline
certification course for all counterintelligence career
professionals that aligns the minimum certification
requirements of the course and the Defense Counterintelligence
Agent Course of the Joint Counterintelligence Training
Activity.
(2) Availability of course.--The baseline certification
course developed under paragraph (1) shall be made available,
on a space-available basis, to all intelligence community
professionals and appropriate personnel with appropriate
security clearance from any other agency, committee,
commission, office, or other establishment in the executive,
legislative, or judicial branch of the Federal Government.
SEC. 704. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT OF
SINALOA CARTEL AND JALISCO CARTEL.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the congressional intelligence committees an intelligence
assessment on the transnational criminal organizations known as the
Sinaloa Cartel and the Jalisco Cartel.
(b) Elements.--The intelligence assessment under subsection (a) shall
include, with respect to each transnational criminal organization
specified in such subsection, a description of the following:
(1) The key leaders, organizational structure, subgroups,
presence in the states within Mexico, and cross-border illicit
drug smuggling routes (beginning in Mexico and ending in the
United States) of the transnational criminal organization.
(2) The practices used by the transnational criminal
organization to import the chemicals used to make synthetic
drugs, to produce such drugs, and to smuggle such drugs across
the border into the United States.
(3) The main suppliers based in China, and the main brokers
based in Mexico, that supply the transnational criminal
organization with precursor chemicals and equipment used in the
production of synthetic drugs.
(4) The manner in which the transnational criminal
organization is tailoring the fentanyl products of such
organization to attract a wider variety of United States
consumers, including unwitting users.
(5) The degree to which the transnational criminal
organization is using human and technical operations to
undermine counternarcotics efforts by United States and Mexican
security services.
(6) An estimate of the annual revenue received by the
transnational criminal organization from the sale of illicit
drugs, disaggregated by drug type.
(7) Any other information the Director of the Central
Intelligence Agency determines relevant.
(c) Form.--The intelligence assessment under subsection (a) may be
submitted in classified form.
SEC. 705. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT WITH
RESPECT TO EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO
INCREASE INFLUENCE IN MIDDLE EAST.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with such heads of the other elements of the
intelligence community that the Director of National Intelligence
determines appropriate, shall submit to the appropriate congressional
committees an intelligence assessment on efforts by the People's
Republic of China to increase its influence, through overt or covert
means, with respect to the political, military, economic, or other
policies or activities of governments of countries in the Middle East
in ways that are detrimental to the national security interests of the
United States.
(b) Elements.--The intelligence assessment required under subsection
(a) shall include the following:
(1) A summary of the key relationships that the People's
Republic of China has developed, or is seeking to develop, with
countries in the Middle East, and the national security
objectives that the People's Republic of China intends to
advance through such established or emerging relationships.
(2) A description of the relationship between the People's
Republic of China and Iran, including in the areas of security
cooperation and intelligence sharing.
(3) An identification of the countries in the Middle East in
which the People's Republic of China has established, or is
seeking to establish, an intelligence presence or intelligence
partnerships.
(4) An assessment of how the People's Republic of China seeks
to weaken the role, influence, and relationships of the United
States with respect to countries in the Middle East, including
through the Global Security Initiative of the People's Republic
of China.
(5) An analysis of whether, and to what degree, efforts by
the People's Republic of China to increase its influence among
countries in the Middle East are designed to support the
broader strategic interests of the People's Republic of China,
including with respect to Taiwan.
(c) Form.--The intelligence assessment required under subsection (a)
may be submitted in classified form.
(d) 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 of the House of
Representatives.
(C) The Committee on Foreign Relations of the Senate.
(D) The Select Committee on the Strategic Competition
Between the United States and the Chinese Communist
Party of the House of Representatives.
(2) Countries in the middle east.--The term ``countries in
the Middle East'' means--
(A) Algeria;
(B) Bahrain;
(C) Egypt;
(D) Iran;
(E) Iraq;
(F) Israel;
(G) Jordan;
(H) Kuwait;
(I) Lebanon;
(J) Libya;
(K) Morocco;
(L) Oman;
(M) the Palestinian territories;
(N) Qatar;
(O) Saudi Arabia;
(P) Syria;
(Q) Tunisia;
(R) the United Arab Emirates; and
(S) Yemen.
SEC. 706. ASSESSMENT OF AVAILABILITY OF MENTAL HEALTH AND CHAPLAIN
SERVICES TO AGENCY EMPLOYEES.
(a) Assessment.--The Director of the Central Intelligence Agency
shall conduct an assessment on the availability of the services of
mental health professionals and chaplains with appropriate security
clearances to employees of the Agency. Such assessment shall include--
(1) an evaluation of the current availability of and demand
for such services globally;
(2) an assessment of the feasibility of expanding the
availability of such services;
(3) information, including a detailed schedule and cost
estimate, as to what would be required to increase the
availability of such services for Agency employees located in
the United States and abroad; and
(4) information on the feasibility and advisability of
requiring that each employee returning from a high risk or high
threat tour, as designated by the Director, access the services
of a mental health professional, chaplain, or both, at the
option of the employee.
(b) Report.--Not later than 210 days after the date of the enactment
of this Act, the Director shall submit to the appropriate congressional
committees a report on the assessment required by subsection (a).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate.
(2) Chaplain.--The term ``chaplain'' means a member of the
Chaplain Corps, as established under section 26 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3527), whom the
Director has certified as meeting common standards for
professional chaplaincy and board certification by a national
chaplaincy and pastoral care organization or equivalent.
(3) Mental health professional.--The term ``mental health
professional'' means an appropriately trained and certified
professional counselor, medical professional, psychologist,
psychiatrist, or other appropriate employee, as determined by
the Director.
SEC. 707. ASSESSMENT BY DIRECTOR OF CENTRAL INTELLIGENCE AGENCY ON
CERTAIN EFFECTS OF ABRAHAM ACCORDS.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the congressional intelligence committees an assessment of
the current effects on the intelligence community of the agreements
between Israel and 4 other foreign countries, collectively known as the
Abraham Accords, and of the potential effects on the intelligence
community if the Abraham Accords were to be expanded to additional
foreign countries.
(b) Elements.--The assessment under subsection (a) shall include,
with respect to the agreements referred to in such subsection, the
following:
(1) A description of whether, and in what respects, the
agreement between Israel and Bahrain has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(2) A description of whether, and in what respects, the
agreement between Israel and Morocco has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(3) A description of whether, and in what respects, the
agreement between Israel and the United Arab Emirates has
resulted in the intelligence community obtaining new and
valuable insights regarding national intelligence priorities.
(4) A description of whether, and in what respects, the
agreement between Israel and Sudan has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(5) An assessment of whether, and in what respects,
additional agreements between Israel and other foreign
countries to normalize or otherwise enhance relations would
result in the intelligence community obtaining new and valuable
insights regarding national intelligence priorities.
(c) Form.--The assessment under subsection (a) may be submitted in
classified form.
TITLE VIII--REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT IN CENTRAL INTELLIGENCE AGENCY
SEC. 801. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT IN CENTRAL
INTELLIGENCE AGENCY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) sexual assault and sexual harassment arise from, and are
often indicative of, an environment where toxic, provocative,
and sometimes significantly inappropriate behavior is
tolerated;
(2) when supervisors and senior leaders at headquarters and
in the field are among the offenders and facilitate a work
climate in which toxic and disrespectful behavior is tolerated,
harassment and even assault will often go unaddressed and
unpunished;
(3) while establishing clear policies and procedures and
enhancing training are necessary first steps toward protecting
victims and establishing stronger internal mechanisms for
preventing and responding to future sexual assault and sexual
harassment within the Central Intelligence Agency,
comprehensive culture change driven by Agency leadership will
be necessary to accomplish impactful and enduring improvement;
and
(4) it is vital for the Central Intelligence Agency to
maintain an independent and neutral person with whom all
employees at all levels, supervisors and non-supervisors, may
speak confidentially, informally, and off-the-record about
work-related concerns or questions.
(b) Sex-related Offenses and Sexual Harassment Within the Agency.--
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is
amended by adding at the end the following new section:
``SEC. 30. SEX-RELATED OFFENSES AND SEXUAL HARASSMENT WITHIN THE
AGENCY.
``(a) Responsibilities of Director.--The Director shall carry out the
following responsibilities:
``(1) Establishing professional and uniform training for
employees assigned to working with all aspects of the response
of the Agency to allegations of sex-related offenses and sexual
harassment.
``(2) Developing and implementing policies and procedures to
protect the confidentiality of employees who report sex-related
offenses or sexual harassment and to mitigate negative effects
on the reputation or career of such an employee as a result of
such a report.
``(3) Developing and implementing documented standards for--
``(A) appropriate mitigation and protection measures
for individuals who make allegations of a sex-related
offense or sexual harassment to be put in place while
an investigation proceeds;
``(B) appropriate employee consequences to be imposed
as a result of an inquiry or investigation into a
substantiated allegation of a sex-related offense or
sexual harassment;
``(C) appropriate career path protection for all
employees involved in an incident resulting in a
reported allegation of a sex-related offense or sexual
harassment while an investigation or review of the
allegation is pending; and
``(D) mitigation measures to protect employees and
mission execution while such allegations are being
addressed.
``(4) Articulating and enforcing norms, expectations,
practices, and policies, including with respect to employee
promotions and assignments, that are published for the
workforce and designed to promote a healthy workplace culture
that is inhospitable to sex-related offenses and sexual
harassment.
``(5) Developing and issuing workforce messaging to inform
Agency employees of policies, procedures, resources, and points
of contact to obtain information related to, or to report, sex-
related offenses or sexual harassment globally.
``(6) Developing and implementing sex-related offense and
sexual harassment training for all Agency employees that--
``(A) is designed to strengthen individual knowledge,
skills, and capacity to prevent and respond to sex-
related offenses and sexual harassment;
``(B) includes initial entry and accession programs,
annual refresher training, and specialized leadership
training; and
``(C) includes details of the definitions of sex-
related offense and sexual harassment, the distinction
between such terms, and what does or does not
constitute each.
``(7) Developing and implementing processes and procedures
applicable to personnel involved in providing the training
referred to in paragraph (6) that--
``(A) are designed to ensure seamless policy
consistency and reporting mechanisms in all training
environments; and
``(B) include requirements for in-person training
that--
``(i) covers the reporting processes for sex-
related offenses and sexual harassment that are
specific to training environments for students
and trainers; and
``(ii) shall be provided at an appropriate
time during the first 5 days of any extended or
residential training course.
``(8) Developing and implementing, in consultation with the
Victim Advocacy Specialists of the Federal Bureau of
Investigation, appropriate training requirements, policies, and
procedures applicable to all employees whose professional
responsibilities include interaction with people making reports
alleging sex-related offenses or sexual harassment.
``(9) Developing and implementing procedures under which
current and former employees of the Agency are able to obtain
documents and records, as appropriate and upon request, that
are related to a report of an allegation of a sex-related
offense or sexual harassment.
``(10) Developing and implementing procedures under which an
employee who makes a restricted or unrestricted report
containing an allegation of a sex-related offense or sexual
harassment may transfer out of the current assignment or
location of the employee, upon the request of the employee
making the report. Such procedures shall ensure that an
employee who makes a restricted report maintains the privilege
against disclosure, strict confidentiality, and with such
employee maintaining full control over all decisions related to
any further dissemination of the report.
``(11) Developing policies and procedures for the Office of
the Victim and Whistleblower Counsel and the Special Victim
Investigator, as applicable, to facilitate outside engagement
requests of employees reporting allegations of sex-related
offenses or sexual harassment.
``(12) Coordinating the response of the Agency to allegations
of sex-related offenses and sexual harassment.
``(b) Biannual Report.--Not less frequently than once every 180 days,
the Director shall submit to the appropriate congressional committees a
report on the activities of the Office of Equal Employment Opportunity
and the Sexual Assault Prevention and Response Office during the period
covered by the report. The Director shall personally review, approve,
and submit each report under this subsection on a nondelegable basis.
Each such report shall include--
``(1) for the period covered by the report--
``(A) the number of new allegations of sex-related
offenses and sexual harassment reported to either such
Office, disaggregated by restricted and unrestricted
reports;
``(B) the number of employees seeking legal
assistance or services from either such Office;
``(C) the number of new or ongoing cases in which
either such Office has provided services;
``(D) a description of all training activities
related to sex-related offenses and sexual harassment
carried out Agency-wide, and the number of such
trainings conducted; and
``(2) for the period beginning on the date of the enactment
of the Intelligence Authorization Act for Fiscal Year 2024 and
ending on the last day of the period covered by the report--
``(A) the total number of allegations of sex-related
offenses and sexual harassment;
``(B) the disposition of each report of such an
allegation;
``(C) any corrective action taken in response to each
such report;
``(D) the number of such allegations that were not
substantiated; and
``(E) the number of employee reassignment and
relocation requests, including--
``(i) the number of such requests that were
granted;
``(ii) the number of such requests that were
denied; and
``(iii) for any such request that was denied,
the position of the individual who denied the
request and the reason for denial.
``(c) Applicability.--The policies developed pursuant to this section
shall apply to each of the following:
``(1) Any employee of the Agency.
``(2) Any employee of an entity that has entered into a
contract with the Agency under which the employee performs
functions at a facility associated with the Agency or functions
associated with the Agency.
``(3) Any person who alleges they were sexually assaulted or
harassed by an employee referred to in paragraph (1) or (2) at
a facility associated with the Agency or during the performance
of a function associated with the Agency.''.
(c) Victim and Whistleblower Counsel.--Such Act is further amended by
adding at the end the following new section:
``SEC. 31. VICTIM AND WHISTLEBLOWER COUNSEL.
``(a) Establishment.--The Director shall establish an Office of the
Victim and Whistleblower Counsel. The head of the Office shall be the
Victim and Whistleblower Counsel who shall report directly to the Chief
Operating Officer of the Agency. The Office shall have the authority of
an independent office within the Agency.
``(b) Responsibilities.--The Victim and Whistleblower Counsel shall
carry out the following responsibilities:
``(1) Providing legal assistance and consultation to
employees of the Agency who are victims of alleged sex-related
offenses or sexual harassment, regardless of whether the report
of that offense is restricted or unrestricted.
``(2) Acting as the primary point of contact and entry point
for Agency employees with respect to all allegations of, or
concerns regarding, sex-related offenses and sexual harassment.
``(3) Managing the victim advocacy activities of the Agency
for employees reporting sex-related offenses or sexual
harassment.
``(4) Maintaining, and making available to Agency employees
the following:
``(A) A list of physicians and mental health care
providers (including from the private sector, as
applicable) who have experience with the physical and
mental health care needs of the Agency workforce.
``(B) A list of chaplains and religious counselors
who have experience with the needs of the Agency
workforce, including information regarding access to
the Chaplain Corps established under section 26 of this
Act.
``(C) Information regarding how to select and retain
private attorneys who have experience with the legal
needs of the Agency workforce, including detailed
information on the process for the appropriate sharing
of information with retained private attorneys.
``(5) Facilitating communications with the Inspector General,
Congress, and other outside entities.
``(c) Rule of Construction.--The inclusion of any person on a list
maintained or made available pursuant to subsection (b)(4) shall not be
construed as an endorsement of such person (or any service furnished by
such person), and the Victim and Whistleblower Counsel shall not be
liable, as a result of such inclusion, for any portion of compensable
injury, loss, or damage attributable to such person or service.
``(d) Communications.--The relationship between the Victim and
Whistleblower Counsel and a victim in the provision of legal assistance
and consultation shall be the relationship between an attorney and
client.
``(e) Purpose.--The Office of the Victim and Whistleblower Counsel
shall--
``(1) solely function as an advocate for employees and not as
an advocate for the Agency itself; and
``(2) not be a proponent of Agency policies for sex-related
offenses or sexual harassment.''.
(d) Reporting and Investigation of Allegations of Sex-related
Offenses and Sexual Harassment.--Such Act is further amended by adding
at the end the following new section:
``SEC. 32. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT.
``(a) Policies Relating to Restricted and Unrestricted Reporting of
Sex-related Offenses and Harassment.--
``(1) In general.--The Director shall develop and implement
policies, regulations, personnel training, and workforce
messaging to establish and provide information about restricted
reports and unrestricted reports of allegations of sex-related
offenses and sexual harassment within the Agency in accordance
with this subsection.
``(2) Workforce messaging.--Workforce messaging developed
under paragraph (1) shall be designed to clearly inform Agency
employees of the differences between restricted and
unrestricted reporting of allegations of sex-related offenses
and sexual harassment, and which individual or office within
the Agency is responsible for receiving each type of report.
``(b) Election.--Any person making a report containing an allegation
of a sex-related offense or sexual harassment shall elect whether to
make a restricted report or an unrestricted report. Once an election is
made to make an unrestricted report, such election may not be changed.
``(c) Unrestricted Reports.--
``(1) Disclosure; assistance.--A person who elects to make an
unrestricted report containing an allegation of a sex-related
offense or sexual harassment may disclose the report to any
employee of the Agency. A person who elects to make an
unrestricted report containing an allegation of a sex-related
offense or sexual harassment may seek the assistance of another
employee of the Agency with taking the action required under
paragraph (2).
``(2) Action required.--A person electing to make an
unrestricted report containing an allegation of a sex-related
offense or sexual harassment shall submit the report to the
Office of the Victim and Whistleblower Counsel. In the case of
a person making an unrestricted report of sexual harassment,
the Victim and Whistleblower Counsel shall facilitate the
contact by the person with the Office of Equal Employment
Opportunity. In the case of a person making an unrestricted
report of a sex-related offense other than sexual harassment,
the Victim and Whistleblower Counsel shall facilitate the
contact of such person with the Sexual Assault Prevention and
Response Office.
``(d) Restricted Reports.--
``(1) Process for making reports.--A person who elects to
make a restricted report containing an allegation of a sex-
related offense or sexual harassment shall submit the report to
a person authorized to receive a restricted report under
paragraph (2).
``(2) Person authorized to receive a restricted report.--The
following individuals are persons authorized to receive a
restricted report:
``(A) The Chief Wellbeing Officer.
``(B) Any employee of the Office of Wellness and
Workforce Support.
``(C) Any employee of the Office of the Victim and
Whistleblower Counsel.
``(D) Any medical professional assigned to the Center
for Global Health Services, or any successor
organization employing Agency support staff.
``(E) Any employee of the Chaplain Corps of the
Agency.
``(F) The Special Victim Investigator within the
Office of Security.
``(G) Any medical professional, including a mental
health professional.
``(H) Any additional employees that the Director
determines appropriate.
``(3) Action required.--A restricted report containing an
allegation of a sex-related offense or sexual harassment--
``(A) shall be treated by the person who receives the
report in the same manner as a communication covered by
attorney-client privilege;
``(B) shall be privileged against disclosure with
strict confidentiality and with the person making the
report maintaining full control over all decisions
related to any further dissemination, except in cases
of an imminent threat of serious bodily harm;
``(C) shall not result in a referral to law
enforcement or commencement of a formal administrative
investigation, unless the victim elects to change the
report from a restricted report to an unrestricted
report;
``(D) in a case requiring an employee reassignment,
relocation, or other mitigation or protective measures,
shall result only in actions that are managed in a
manner to limit, to the extent possible, the disclosure
of any information contained in the report; and
``(E) shall be exempt from any Federal or, to the
maximum extent permitted by the Constitution, State
reporting requirements, including the requirements
under section 535(b) of title 28, United States Code,
section 17(b)(5) of this Act, and section 1.6(b) of
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities), except when
reporting is necessary to prevent or mitigate an
imminent threat of serious bodily harm.
``(e) Incident Reports When Victim or Alleged Perpetrator Is an
Agency Employee.--
``(1) Incident reporting policy.--The Director shall
establish and maintain a policy under which--
``(A) in the case of an unrestricted report of--
``(i) sexual harassment, the head of the
Office of Equal Employment Opportunity is
required to submit a written incident report
not later than 8 days after receiving a formal
complaint containing an allegation of sexual
harassment; and
``(ii) a sex-related offense other than
sexual harassment, the head of the Sexual
Assault Prevention and Response Office is
required to submit a written incident report
not later than 8 days after receipt of the
unrestricted report; and
``(B) each such incident report required under
subparagraph (A) shall be provided to--
``(i) the Chief Operating Officer of the
Agency;
``(ii) the Special Victim Investigator;
``(iii) the Office of the Victim and
Whistleblower Counsel;
``(iv) the Sexual Assault Prevention and
Response Office;
``(v) the Office of Equal Employment
Opportunity; and
``(vi) such other individuals as the Director
determines appropriate.
``(2) Purpose.--The purpose of an incident report required
under paragraph (1) is to--
``(A) record the details about actions taken or in
progress to provide the necessary care and support to
the victim of the alleged incident;
``(B) refer the allegations to the appropriate
investigatory or law enforcement agency; and
``(C) provide initial formal notification of the
alleged incident.
``(3) Elements.--Each incident report required under
paragraph (1) shall include each of the following:
``(A) The time, date, and location of the alleged
sex-related offense or sexual harassment.
``(B) An identification of the type of offense or
harassment alleged.
``(C) An identification of the assigned office and
location of the victim.
``(D) An identification of the assigned office and
location of the alleged perpetrator, including
information regarding whether the alleged perpetrator
has been temporarily transferred or removed from an
assignment or otherwise restricted, if applicable.
``(E) A description of any post-incident actions
taken in connection with the incident, including--
``(i) referral to any services available to
victims, including the date of each referral;
``(ii) notification of the incident to
appropriate investigatory organizations,
including the organizations notified and dates
of notifications; and
``(iii) issuance of any personal protection
orders or steps taken to separate the victim
and the alleged perpetrator within their place
of employment.
``(F) Such other elements as the Director determines
appropriate.
``(f) Common Perpetrator Notice Requirement.--
``(1) Unrestricted reports.--Upon receipt of an incident
report under subsection (e)(1) containing an allegation of a
sex-related offense or sexual harassment against an individual
known to be the subject of at least one allegation of a sex-
related offense or sexual harassment by another reporter, the
Special Victim Investigator shall notify each of the following
of all existing allegations against the individual:
``(A) The Director.
``(B) The Chief Operating Officer.
``(C) The head of the directorate employing the
individual.
``(D) The head of the Sexual Assault Prevention and
Response Office.
``(E) The first supervisor of the individual.
``(F) The Inspector General.
``(G) The Victim and Whistleblower Counsel.
``(2) Restricted reports.--Upon receipt of a restricted
report under subsection (d), the Victim and Whistleblower
Counsel shall notify any victim known to have filed a
restricted report against the same individual who is the
subject of the report under paragraph (1) that another
allegation has been made against the individual who is the
subject of the report under paragraph (1).
``(g) Applicability.--The policies developed pursuant to this section
shall apply to each of the following:
``(1) Any employee of the Agency.
``(2) Any employee of an entity that has entered into a
contract with the Agency under which the employee performs
functions at a facility associated with the Agency or functions
associated with the Agency.
``(3) Any person who makes an allegation of a sex-related
offense or sexual harassment against an employee referred to in
paragraph (1) or (2) at a facility associated with the Agency
or during the performance of a function associated with the
Agency.
``(h) Records.--The Director shall establish a system for tracking
and permanently maintaining all Agency records related to any
investigation into an allegation of a sex-related offense or sexual
harassment made in an unrestricted report, including any related
medical documentation.''.
(e) Special Victim Investigator.--Such Act is further amended by
adding at the end the following new section:
``SEC. 33. SPECIAL VICTIM INVESTIGATOR.
``(a) Establishment.--The Director shall establish in the Office of
Security a Special Victim Investigator, who shall be responsible for
investigating all unrestricted reports containing allegations of sex-
related offenses other than sexual harassment and supporting, as
appropriate, the Office of Equal Employment Opportunity with
investigating formal complaints containing allegations of sexual
harassment. The person appointed as the Investigator shall be an
appropriately credentialed Federal law enforcement officer and may be a
detailee from a Federal law enforcement entity.
``(b) Responsibilities.--The Investigator shall be responsible for--
``(1) supporting the Office of Equal Employment Opportunity
with investigations into formal complaints containing
allegations of sexual harassment, as appropriate;
``(2) investigating unrestricted reports containing
allegations of sex-related offenses, including the conduct and
management of all internal Agency inquiries, investigations,
and other fact-finding activities related to specific
allegations of sex-related offenses;
``(3) testifying in a criminal prosecution in any venue,
where appropriate;
``(4) serving as the case agent for a criminal investigation
in any venue, where appropriate;
``(5) supporting engagement with law enforcement relating to
such allegations, where appropriate, including coordinating
related cases with other Federal, State, local, and Tribal law
enforcement agencies, as necessary and appropriate, pursuant to
regulations, requirements, and procedures developed in
consultation with the Federal Bureau of Investigation, for any
such inquiries, investigations, or other fact-finding
activities;
``(6) developing and implementing policies and procedures
necessary for the Investigator or any law enforcement partner
to conduct effective investigations and also protect sensitive
information;
``(7) serving as the only authorized investigative body in
the Agency for allegations of sex-related offenses, except
that, in the case of an allegation of a sex-related offense
involving an employee of the Office of Security, the
Investigator shall coordinate with appropriate criminal
investigators who are detailed to the Agency for other missions
or employed by another Federal law enforcement entity, as
necessary, to maintain the integrity of the investigation and
mitigate potential conflicts of interest;
``(8) establishing and coordinating clear policies regarding
which agency should take the lead on conducting, or be the lead
in coordinating with local law enforcement when applicable,
investigations of sexual assault and sexual harassment
overseas; and
``(9) sharing information with the Victim and Whistleblower
Counsel to facilitate the support and advocacy of such Counsel
for victims of alleged sex-related offenses or sexual
harassment.
``(c) Timeframe for Investigations.--The Investigator shall--
``(1) ensure that any investigative support for a formal
complaint containing allegations of sexual harassment shall
occur within any investigation timelines required by applicable
law;
``(2) ensure that any investigation into an allegation of a
sex-related offense contained in an unrestricted report is
completed by not later than 60 days after the date on which the
report is referred to the Investigator under section 32(e)(1);
and
``(3) if the Investigator determines that the completion of
an investigation will take longer than 60 days--
``(A) not later than 60 days after the date on which
the report is referred to the Investigator under
section 32(e)(1), submit to the Director a request for
an extension that contains a summary of the progress of
the investigation, the reasons why the completion of
the investigation requires additional time, and a plan
for the completion of the investigation; and
``(B) provide to the person who made the report and
the person against whom the allegation in the report
was made notice of the extension of the
investigation.''.
(f) Implementation and Reporting Requirements.--
(1) Deadline for implementation.--Not later than 180 days
after the date of the enactment of this Act, the Director of
the Central Intelligence Agency shall--
(A) establish the Office of the Victim and
Whistleblower Counsel, as required by section 31 of the
Central Intelligence Agency Act of 1949, as added by
subsection (c);
(B) establish and implement the policies required
under sections 30 and 32 of the Central Intelligence
Agency Act of 1949, as added by subsections (b) and
(d), respectively;
(C) consolidate the responsibilities of the Director
under such sections 30 and 32 in a single Office, as
determined by the Director; and
(D) establish the Special Victim Investigator, as
required by section 33 of the Central Intelligence
Agency Act of 1949, as added by subsection (e).
(2) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter for 2 years, the Director of the Central
Intelligence Agency shall submit to the appropriate
congressional committees a report on the implementation
of this section and the amendments made by this
section. The Director shall personally review, approve,
and submit each report under this paragraph on a
nondelegable basis.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Permanent Select Committee on Intelligence
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate.
TITLE I--MATTERS RELATING TO TECHNOLOGY AND INNOVATION
SEC. 901. INTELLIGENCE COMMUNITY INNOVATION UNIT.
(a) Establishment.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by inserting after section 103K the
following new section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 103L. INTELLIGENCE COMMUNITY INNOVATION UNIT.
``(a) Establishment.--The Director of National Intelligence shall
establish within the Office of the Director of National Intelligence a
unit to be known as the `Intelligence Community Innovation Unit' (in
this section referred to as the `Unit').
``(b) Duties.--The duties of the Unit shall be as follows:
``(1) To identify and evaluate commercial emerging
technologies for potential adoption by the intelligence
community to fulfill critical mission needs.
``(2) To assist the heads of the elements of the intelligence
community in identifying commercial emerging technologies and
associated capabilities to address critical mission needs of
that element.
``(3) To provide to the heads of the elements of the
intelligence community seeking to field commercial emerging
technologies technical expertise with respect to such
technologies.
``(4) To manage the prototyping program under subsection (e).
``(5) To facilitate the transition of potential solutions to
critical mission needs of the intelligence community from
research and prototype projects to production.
``(6) To serve as a liaison between the intelligence
community and the private sector (with a focus on small- and
medium-sized companies and other organizations that do not have
significant experience engaging with the intelligence
community) to fulfill the duties listed in paragraphs (1)
through (5), in coordination with the head of the Office of
Engagement established under section 122.
``(c) Director of Unit.--
``(1) Appointment; reporting.--The head of the Unit is the
Director of the Intelligence Community Innovation Unit, who
shall be appointed by the Director of National Intelligence and
shall report directly to the Director of National Intelligence.
``(2) Qualifications.--In selecting an individual for
appointment as the Director of the Intelligence Community
Innovation Unit, the Director of National Intelligence shall
give preference to individuals who the Director of National
Intelligence determines have--
``(A) significant relevant experience involving
commercial emerging technology within the private
sector; and
``(B) a demonstrated history of fostering the
adoption of commercial emerging technologies by the
United States Government or the private sector.
``(d) Staff.--
``(1) In general.--In addition to the Director of the
Intelligence Community Innovation Unit, the Unit shall be
composed of not more than 50 full-time equivalent positions.
``(2) Staff with certain expertise.--The Director of National
Intelligence shall ensure that there is a sufficient number of
staff of the Unit, as determined by the Director, with
expertise in--
``(A) other transaction authorities and
nontraditional and rapid acquisition pathways for
emerging technology;
``(B) engaging and evaluating small- and medium-sized
emerging technology companies;
``(C) the mission needs of the intelligence
community; and
``(D) any other skills or experiences the Director
determines necessary.
``(3) Special hiring and retention authorities.--
``(A) In general.--The Director of National
Intelligence shall take such steps as may be necessary
to incentivize the hiring and retention of staff of the
Unit.
``(B) Special pay.--In establishing the rates of pay
for the positions specified in paragraph (1), and to
the extent practicable, the Director of National
Intelligence may use the special pay authority under
section 113B.
``(4) Authority relating to detailees.--Upon request of the
Unit, each head of an element of the intelligence community may
detail to the Unit any of the personnel of that element to
assist in carrying out the duties under subsection (b) on a
reimbursable or a nonreimbursable basis.
``(e) Prototyping Program.--The Director of the Intelligence
Community Innovation Unit shall establish a program to transition
research and prototype projects to products in a production stage for
the purpose of fulfilling critical mission needs of the intelligence
community (in this subsection referred to as the `program'), including
by designating projects as Emerging Technology Transition Projects
under section 6713 of the Intelligence Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 50 U.S.C. 3024 note; 136 Stat. 3568).
``(f) Encouragement of Use by Elements.--The Director of National
Intelligence shall take such steps as may be necessary to encourage the
use of the Unit by the heads of the other elements of the intelligence
community.
``(g) Emerging Technology Defined.--In this section, the term
`emerging technology' has the meaning given that term in section 6701
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law
117-263; 50 U.S.C. 3024 note; 136 Stat. 3561).''.
(b) Clarification of Emerging Technology Definition.--Section
6701(8)(A) of the Intelligence Authorization Act for Fiscal Year 2023
(Public Law 117-263; 50 U.S.C. 3024 note; 136 Stat. 3561) is amended by
striking ``during the 10-year period beginning on January 1, 2022'' and
inserting ``during the subsequent 10-year period''.
(c) Deadline for Establishment.--Not later than 1 year after the date
of the enactment of this Act, the Director of National Intelligence
shall establish the Intelligence Community Innovation Unit.
(d) Plan and Briefings.--
(1) Plan.--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
plan for the establishment of the Intelligence Community
Innovation Unit.
(2) Briefings.--Not later than 180 days after the date of the
enactment of this Act, and on a biannual basis thereafter for 5
years, the Director of National Intelligence shall provide to
the appropriate congressional committees a briefing on the
status of the Intelligence Community Innovation Unit, the
staffing levels of such Unit, and the progress of such Unit in
identifying and facilitating the adoption of commercial
emerging technologies capable of advancing the mission needs of
the intelligence community.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on Appropriations of the House of
Representatives and the Senate.
(2) Emerging technology.--The term ``emerging technology''
has the meaning given such term in section 103L of the National
Security Act of 1947 (as added by subsection (a)).
(3) Intelligence community innovation unit.--The term
``Intelligence Community Innovation Unit'' means the
Intelligence Community Innovation Unit established under such
section 103L.
SEC. 902. ESTABLISHMENT OF OFFICE OF ENGAGEMENT.
(a) Establishment.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.), as amended by section 901, 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. 122. OFFICE OF ENGAGEMENT.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence an Office of Engagement (in this section referred
to as the `Office').
``(b) Head; Staff.--
``(1) Head.--The Director of National Intelligence shall
appoint as head of the Office an individual with requisite
experience in matters relating to the duties of the Office, as
determined by the Director of National Intelligence. Such head
of the Office shall report directly to the Director of National
Intelligence.
``(2) Staff.--To assist the head of the Office in fulfilling
the duties of the Office, the head shall employ full-time
equivalent staff in such number, and with such requisite
expertise in matters relating to such duties, as may be
determined by the head.
``(c) Duties.--The duties of the Office shall be as follows:
``(1) To coordinate and facilitate across the elements of the
intelligence community efforts regarding outreach, relationship
development, and associated knowledge and relationship
management, with covered entities.
``(2) To assist in sharing best practices regarding such
efforts among the elements of the intelligence community.
``(3) To establish and implement metrics to assess the
effectiveness of such efforts.
``(d) Covered Entity Defined.--In this section, the term `covered
entity' means an entity that is not an entity of the United States
Government, including private sector companies, institutions of higher
education, trade associations, think tanks, laboratories, international
organizations, and foreign partners and allies.''.
(b) Deadline.--The Director of National Intelligence shall establish
the Office of Engagement by not later than 1 year after the date of the
enactment of this Act.
(c) Plan and Briefings.--
(1) Plan.--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
plan for the establishment of the Office of Engagement.
(2) Quarterly briefings.--Not later than 1 year after the
date of the establishment of the Office of Engagement, and on a
quarterly basis for 5 years thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a briefing on the status of the Office,
including with respect to the staffing levels, activities, and
fulfilment of duties of the Office.
(d) Definitions.--In this section, the term ``Office of Engagement''
means the Office of Engagement established under section 122 of the
National Security Act of 1947, as added by subsection (a).
SEC. 903. REQUIREMENT FOR A CHIEF TECHNOLOGY OFFICER WITHIN EACH
ELEMENT OF THE INTELLIGENCE COMMUNITY.
(a) Requirement.--Not later than 180 days after the date of enactment
of this Act, the head of each element of the intelligence community
shall ensure there is within such element a senior official designated
as the chief technology officer of such element.
(b) Responsibility.--The chief technology officer of each element of
the intelligence community shall be responsible for assisting the head
of such element in the identification and adoption of technology to
advance mission needs.
SEC. 904. REQUIREMENT TO AUTHORIZE ADDITIONAL SECURITY CLEARANCES FOR
CERTAIN CONTRACTORS.
(a) Requirement.--Notwithstanding any provision of law to the
contrary, consistent with Executive Order 12968 (60 Fed. Reg. 40245;
relating to access to classified information), or any successor thereto
and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding
classified information within industry), or any successor thereto, and
subject to the limitations described in subsection (b)--
(1) any entity that enters into a covered contract or
agreement with an element of the intelligence community may
designate an additional number of covered persons who may
submit an application for a security clearance;
(2) the appropriate authorized investigative agency and
authorized adjudicative agency, as such terms are defined in
section 3001(a) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(a)), shall--
(A) upon receiving such an application--
(i) conduct an appropriate investigation of
the background of the additional covered
person; and
(ii) make a determination as to whether the
additional covered person is eligible for
access to classified information; and
(B) if the determination under subparagraph (A)(ii)
is favorable, upon any of the specified number of
covered persons required to hold a security clearance
for the performance of work under that covered contract
or agreement becoming unable to perform such work, make
a determination as to whether the additional covered
person has a demonstrated need-to-know under such an
Executive Order (without requiring an additional
investigation to be conducted under subparagraph
(A)(i)); and
(3) if the additional covered person receives a favorable
determination regarding the need-to-know under paragraph (2)(B)
and signs an approved nondisclosure agreement, the additional
covered person may perform such work in lieu of such covered
person.
(b) Limitations.--The limitations described in this subsection are as
follows:
(1) Limitation on number designated per contract.--The
additional number designated by an entity under subsection (a)
for each covered contract or agreement may not exceed the
greater of the following:
(A) 10 percent of the number of security clearances
required to be held by covered persons to perform work
under the covered contract or agreement.
(B) 1 person.
(2) Limitation on number designated per entity.--The total
additional number designated by an entity under subsection (a)
may not exceed the greater of the following:
(A) 10 percent of the sum total number of security
clearances required to be held by covered persons to
perform work under all covered contracts or agreements
of the entity.
(B) 1 person.
(c) Prohibition.--No application for a security clearance may be
submitted by a covered person of an entity or granted pursuant to
subsection (a) in excess of the limitations under subsection (b)
applicable to such entity.
(d) Costs.--
(1) Authority to charge and collect.--The head of each
element of the intelligence community may charge fees or
collect amounts to cover the exact costs associated with
granting or maintaining a security clearance an application for
which is submitted to the head pursuant to subsection (a)(1).
(2) Retention of amounts.--Notwithstanding section 3302(b) of
title 31, United States Code--
(A) the head of each element of the intelligence
community may retain amounts received under paragraph
(1); and
(B) any amount so retained shall be deposited into an
account to be determined by such head and shall be made
available without subsequent appropriation until
expended for the purpose of granting or maintaining the
respective security clearance for which such amount was
received.
(3) Prohibition on bearing costs.--No head of an element of
the intelligence community may bear any cost associated with
granting or maintaining a security clearance the application
for which is submitted pursuant to subsection (a)(1).
(e) Applicability.--The requirement under subsection (a) shall apply
with respect to contracts and other agreements entered into on or after
the date of the enactment of this Act.
(f) Rule of Construction.--Nothing in this section may be construed
as requiring the head of an element of the intelligence community to
grant any covered person access to classified information if a
favorable determination of eligibility to access such classified
information is not made with respect to such person.
(g) Definitions.--In this section:
(1) Covered contract or agreement.--The term ``covered
contract or agreement'', with respect to an entity, means a
contract or other agreement between that entity and an element
of the intelligence community the performance of which requires
a specified number of covered persons to hold a security
clearance.
(2) Covered person.--In this section, the term ``covered
person'', with respect to an entity, means a contractor or
employee of that entity.
SEC. 905. INTELLIGENCE INNOVATION BOARD.
(a) Establishment of Intelligence Innovation Board.--There is
established a board to be known as the Intelligence Innovation Board
(in this section referred to as the ``Board'').
(b) Purpose.--The purpose of the Board is to provide to the Director
of National Intelligence, the heads of the other elements of the
intelligence community, and the congressional intelligence committees
advice and recommendations on changes to the culture, organizational
structures, processes, and functions of the intelligence community
necessary to address the adoption of emerging technologies by the
intelligence community and to accelerate such adoption.
(c) Membership.--
(1) Appointment of members.--The Board shall be composed of 9
members appointed by the Director of National Intelligence,
after consultation with the Chair and Ranking Member of the
Permanent Select Committee on Intelligence of the House of
Representatives and the Chair and Vice Chair of the Select
Committee on Intelligence of the Senate, from among citizens of
the United States--
(A) who are not officers or employees of an element
of the intelligence community;
(B) who are eligible to hold an appropriate security
clearance;
(C) who have demonstrated academic, government,
business, or other expertise relevant to the mission
and functions of the intelligence community; and
(D) who the Director of National Intelligence
determines--
(i) meet at least 1 of the qualifications
described in paragraph (2); and
(ii) do not present a conflict of interest.
(2) Qualifications.--The qualifications described in this
paragraph are the following:
(A) A proven track record of sound judgment in
leading or governing a large and complex private sector
corporation or organization.
(B) A proven track record as a distinguished academic
or researcher at an accredited institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
(C) Demonstrated experience in identifying emerging
technologies and facilitating the adoption of such
technologies into the operations of large organizations
in either the public or private sector.
(D) Demonstrated experience in developing new
technology.
(3) Chair.--The Board shall have a Chair, who shall be
appointed by the Director of National Intelligence from among
the members of the Board, after consultation with the Chair and
Ranking Member of the Permanent Select Committee on
Intelligence of the House of Representatives and the Chair and
Vice Chair of the Select Committee on Intelligence of the
Senate.
(4) Notifications.--Not later than 30 days after the date on
which the Director of National Intelligence appoints a member
to the Board under paragraph (1), or appoints a member of the
Board as Chair under paragraph (3), the Director shall notify
the congressional intelligence committees of such appointment
in writing.
(5) Terms.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Board shall be appointed for a
term of 2 years.
(B) Vacancies.--A member of the Board appointed to
fill a vacancy occurring before the expiration of the
term for which the predecessor of the member was
appointed shall be appointed only for the remainder of
that term. A vacancy in the Board shall not affect the
powers of the Board and shall be filled in the manner
in which the original appointment was made.
(C) Reappointment.--A member of the Board may only be
reappointed for 1 additional 2-year term.
(6) Prohibition on compensation.--Except as provided in
paragraph (7), members of the Board shall serve without pay.
(7) Travel expenses.--Each member of the Board shall 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.
(8) Meetings.--The Board shall meet as necessary to carry out
its purpose and duties under this section, 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.
(d) Staff.--
(1) Composition.--The Board shall be composed of full-time
staff with requisite experience to assist the Board in carrying
out its purpose and duties under this section in such number as
the Director of National Intelligence determines appropriate.
Such staff may be appointed by the Director of National
Intelligence or detailed or otherwise assigned from another
element of the intelligence community.
(2) Security clearances.--Staff of the Board, shall, as a
condition of appointment, detail, or assignment to the Board,
as the case may be, hold appropriate security clearances for
access to the classified records and materials to be reviewed
by the staff, and shall follow the guidance and practices on
security under applicable Executive orders and Presidential or
agency directives.
(e) Contract Authority.--The Board may contract with and compensate
government and private agencies or persons to enable the Board to carry
out its purpose and duties under this section, without regard to
section 6101 of title 41, United States Code.
(f) Reports.--
(1) Submission.--Beginning on the date that is 2 years after
the date on which the Board is established, and once every 2
years thereafter until the date on which the Board terminates
under subsection (i), the Board shall submit to the Director of
National Intelligence and the congressional intelligence
committees a report on the activities of the Board, which shall
include, with respect to the period covered by the report, the
following:
(A) An assessment of the efforts of the intelligence
community taken during such period to accelerate the
adoption of emerging technologies by the intelligence
community, including such efforts taken with respect to
the culture, organizational structures, processes, or
functions of the intelligence community.
(B) Recommendations on how the intelligence community
may make further progress to accelerate such adoption,
including recommendations on changes to the culture,
organizational structures, processes, and functions of
the intelligence community necessary for such
accelerated adoption.
(C) Any other matters the Board or the Director of
National Intelligence determines appropriate.
(2) Form.--Each report under paragraph (1) may be submitted
in classified form, but if so submitted shall include an
unclassified executive summary.
(g) Nonapplicability of Certain Requirements.--Chapter 10 of title 5,
United States Code, (commonly known as the ``Federal Advisory Committee
Act'') shall not apply to the Board.
(h) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Board shall terminate on September 30, 2028.
(2) Renewal.--The Director of National Intelligence may renew
the Board for an additional 4-year period following the date of
termination specified in paragraph (1) if the Director notifies
the congressional intelligence committees of such renewal.
(i) Charter.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall establish a
charter for the Board, consistent with this section.
SEC. 906. PROGRAMS FOR NEXT-GENERATION MICROELECTRONICS IN SUPPORT OF
ARTIFICIAL INTELLIGENCE.
(a) Program Establishment.--The Director of National Intelligence,
acting through the Director of the Intelligence Advanced Research
Projects Activity, shall establish or otherwise oversee a program to
advance microelectronics research.
(b) Research Focus.--The Director of National Intelligence shall
ensure that the research carried out under the program established
under subsection (a) is focused on the following:
(1) Advanced engineering and applied research into next-
generation computing models, materials, devices, architectures,
and algorithms to enable the advancement of artificial
intelligence and machine learning.
(2) Efforts to--
(A) overcome challenges with engineering and applied
research of microelectronics, including with respect to
the physical limits on transistors, electrical
interconnects, and memory elements;
(B) promote long-term advancements in computing
technologies, including by fostering a unified and
multidisciplinary approach encompassing research and
development into--
(i) next-generation algorithm design;
(ii) next-generation compute capability;
(iii) generative and adaptive artificial
intelligence for design applications;
(iv) photonics-based microprocessors,
including electrophotonics;
(v) the chemistry and physics of new
materials;
(vi) optical communication networks,
including electrophotonics; and
(vii) safety and controls for generative
artificial intelligence applications for the
intelligence community.
(3) Any other activity the Director determines would promote
the development of microelectronics research for future
technologies, including optical communications or quantum
technologies.
(c) Collaboration and Partnerships.--In carrying out the program
established under subsection (a), the Director of National Intelligence
shall actively collaborate with relevant Government agencies, academic
institutions, and private industry to leverage expertise and resources
in conducting research.
(d) Authorization of Appropriations.--Amounts authorized to be
appropriated for the National Intelligence Program of the Office of the
Director of National Intelligence may be made available to award
contracts and grants, and to enter into transactions other than
contracts, to carry out the program established under subsection (a).
(e) Reporting Requirements.--The Director of the Intelligence
Advanced Research Projects Activity shall provide to the congressional
intelligence committees regular briefings on--
(1) the progress, achievements, and outcomes of the program
established under subsection (a);
(2) the partnerships and collaborations conducted pursuant to
subsection (c); and
(3) recommendations for future research priorities.
SEC. 907. PROGRAM FOR BEYOND 5G.
(a) Establishment.--The Director of National Intelligence, acting
through the Director of the Intelligence Advanced Research Projects
Activity, may initiate or otherwise carry out a program dedicated to
research and development efforts relevant to 6G technology and any
successor technologies.
(b) Consultation.--In carrying out any program under subsection (a),
the Director shall consult with--
(1) relevant--
(A) heads of Federal departments and agencies;
(B) private sector entities;
(C) institutions of higher learning; and
(D) federally funded research and development
centers; and
(2) such other individuals and entities as the Director
determines appropriate.
(c) 6G Technology Defined.--In this section, the term ``6G
technology'' means hardware, software, or other technologies relating
to sixth-generation wireless networks.
SEC. 908. INTELLIGENCE COMMUNITY COMMERCIAL REMOTE SENSING
REQUIREMENTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States benefits from a robust commercial
remote sensing industry that supports a science, technology,
engineering, and mathematics academic pipeline, enables skilled
manufacturing jobs, and fosters technological innovation;
(2) commercial remote sensing capabilities complement and
augment dedicated Government remote sensing capabilities, both
when integrated into Government architectures and leveraged as
stand-alone services;
(3) the Director of National Intelligence and Under Secretary
of Defense for Intelligence and Security should serve as the
United States Government leads for commercial remote sensing
procurement and seek to accommodate commercial remote sensing
needs of the intelligence community, the Department of Defense,
and Federal civil organizations under the preview of the
cognizant functional managers; and
(4) a transparent, sustained investment by the United States
Government in commercial remote sensing capabilities--
(A) is required to strengthen the United States
commercial remote sensing commercial industry; and
(B) should include electro-optical, synthetic
aperture radar, hyperspectral, and radio frequency
detection and other innovative phenemonology that may
have national security applications.
(b) Guidance Required.--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 shall jointly
develop guidance requiring the Commercial Strategy Board or, if that is
not feasible, such other entities within the intelligence community and
the Department of Defense that the Director and the Under Secretary
determine appropriate, to perform, on a recurring basis, the following
functions related to commercial remote sensing:
(1) Validation of the current and long-term commercial remote
sensing capability needs, as determined by the relevant
functional managers, of the Department of Defense, the
intelligence community, and Federal civil users under the
preview of the cognizant functional managers.
(2) Development of commercial remote sensing requirements
documents that are unclassified and releasable to United States
commercial industry.
(3) Development of a cost estimate that is unclassified and
releasable to United States commercial industry, covering at
least 5 years, associated with fulfilling the requirements
contained in the commercial remote sensing requirements
documents referred developed under paragraph (2).
(c) Funding Levels.--In the case of any fiscal year for which a cost
estimate is developed under subsection (b)(3) and for which the budget
of the President (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) requests a level of funding for the
procurement of commercial remote sensing requirements that is less than
the amount identified in the cost estimate, the President shall include
with the budget an explanation for the difference.
(d) Report.--
(1) In general.--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 shall jointly submit to the
appropriate congressional committees a report on the
implementation of subsection (b).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the congressional defense committees;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(D) the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
SEC. 909. REQUIREMENT TO ENSURE INTELLIGENCE COMMUNITY DIRECTIVES
APPROPRIATELY ACCOUNT FOR ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING TOOLS IN INTELLIGENCE
PRODUCTS.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide to the congressional intelligence committees a briefing on
whether intelligence community directives in effect as of the date such
briefing is provided furnish intelligence community analysts with
sufficient guidance and direction with respect to the use of artificial
intelligence and machine learning tools in intelligence products
produced by the intelligence community.
(b) Elements.--The briefing required under subsection (a) shall
include--
(1) a determination by the Director as to--
(A) whether Intelligence Community Directive 203,
Analytic Standards, Intelligence Community Directive
206, Sourcing Requirements for Disseminated Analytic
Products, and any other intelligence community
directive related to the production and dissemination
of intelligence products by the intelligence community
in effect as of the date the briefing under subsection
(a) is provided furnish intelligence community analysts
with sufficient guidance and direction on how to
properly use, provide sourcing information about, and
otherwise provide transparency to customers regarding
the use of artificial intelligence and machine learning
tools in intelligence products produced by the
intelligence community; and
(B) whether any intelligence community directive
described in subparagraph (A) requires an update to
provide such guidance and direction; and
(2) with respect to the determination under paragraph (1)--
(A) in the case the Director makes a determination
that no update to an intelligence community directive
described in such paragraph is required, an explanation
regarding why such intelligence community directives
currently provide sufficient guidance and direction to
intelligence community analysts; and
(B) in the case the Director makes a determination
that an update to an intelligence community directive
described in such paragraph is required, a plan and
proposed timeline to update any such intelligence
community directive.
Section-by-Section Analysis
The following is a section-by-section summary of H.R. 3932,
the Intelligence Authorization Act for Fiscal Year 2024 (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 2024.
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 2024 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 2024.
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 2024.
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. Prohibition on availability of funds to implement
Executive Order 13556
Section 303 prohibits funds authorized to be appropriated
for any element of the intelligence community in Fiscal Year
2024 from being used to implement Executive Order 13556
(relating to controlled unclassified information), or any
successor order.
Section 304. Nonapplicability of certain prohibitions relating to
modification of account structure for National Intelligence
Program Budget
Section 304 provides that none of the prohibitions under
section 8067 of the Consolidated Appropriations Act for Fiscal
Year 2023 (P.L. 117-328) shall apply with respect to amounts
authorized to be appropriated by this Act.
Section 305. Secure communication between Congress and intelligence
community
Section 305 requires the Director of National Intelligence
to provide secure communications to support the oversight
functions of the congressional intelligence committees,
including through the procurement, installation, configuration,
and maintenance of all required equipment to ensure that the
committees can communicate with the intelligence community
through data, voice, and video call at all classification
levels. Section 305 further requires that the Director provide
timely on-premises support to the committees when Congress is
in session or at the request of either committee, and that the
Director ensure the budget of the Office of the Director of
National Intelligence contain a specific expenditure center and
project to carry out this section. Section 305 further requires
that any data stored or transmitted by the committees through
the equipment provided under this section be treated as a
congressional record for purposes of the Freedom of Information
Act or any other law.
TITLE IV--MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE
SUBTITLE A--MISCELLANEOUS AUTHORITIES AND LIMITATIONS
Section 401. Enhanced personnel security review with respect to social
media
Section 401 expresses the sense of Congress that the
intelligence community should fully use available resources and
authorities prescribed by law with respect to vetting
prospective and current employees. Section 401 further requires
that the sources of information used by each element of the
intelligence community under its enhanced personnel security
program shall include any publicly available social media
information. Finally, Section 401 requires that the enhanced
personnel security program of each element of the intelligence
community shall include a requirement that the prospective or
current employee disclose any username or alias on any social
media account but may not require that the individual disclose
any password for such account.
Section 402. Limitation on authority of Director of National
Intelligence to establish additional national intelligence
centers
Section 402 restricts the Director of National Intelligence
from establishing any new national intelligence center, beyond
the existing National Counterterrorism Center, National
Counterproliferation and Biosecurity Center, National
Counterintelligence and Security Center, Foreign Malign
Influence Center, and Cyber Threat Intelligence and Integration
Center, unless the Director notifies the congressional
intelligence committees in writing of such establishment and 90
days have elapsed since such notification.
Section 403. Improvements relating to intelligence community staffing,
details, and assignments
Section 403 requires the Director of National Intelligence
to prescribe binding personnel policies applicable to the
intelligence community that require and facilitate assignments
and details of personnel to national intelligence centers, and
between elements of the intelligence community. Section 403
further requires service in more than one element of the
intelligence community as a condition of promotion to such
positions within the intelligence community as the Director
shall specify and requires the Director to ensure compliance
among elements of the intelligence community. Finally, Section
403 requires the Director to establish, and update as
necessary, a single document that sets forth each position
within the Office of the Director of National Intelligence and
provides certain information about each position.
Section 404. Insider Threats
Section 404 requires the Director of National Intelligence
to assess and audit the compliance of each element of the
intelligence community with minimum insider threat policy; to
provide guidance and oversight to federal departments and
agencies to fully implement automated records checks; to
evaluate the effectiveness of--and identify gaps in--the
counterintelligence, security, and insider threat program
activities of each element of the intelligence community; to
determine whether each element of the intelligence community
has implemented mitigation measures recommended in damage
assessments conducted after an unauthorized disclosure of
classified information; and to study data collected during
background investigations of individuals who subsequently
commit unauthorized disclosures and issue findings as to
whether such data could be used to predict insider threat
activity.
Section 405. Modification of deadline for annual submission of National
Intelligence Priorities Framework
Section 405 modifies the deadline for the President, acting
through the Director of National Intelligence, to submit to the
appropriate congressional committees the most recently updated
National Intelligence Priorities Framework of the Office of the
Director of National Intelligence, from October 1 to March 1.
Section 406. Matters relating to chief data officers of
intelligence community Section 406 prohibits an individual from
serving as both chief data officer and chief information
officer of any element of the intelligence community. Section
406 further clarifies that the Intelligence Community Chief
Data Officer shall only perform duties related to data.
Finally, Section 406 requires the head of each element of the
intelligence community to provide a written report to the
congressional intelligence committees identifying whether the
element's chief data officer is subordinate to the element's
chief information officer, and, if so, the rationale for such
an organizational structure.
Section 407. Modification to special pay authority for science,
technology, engineering, or mathematics positions
Section 407 authorizes elements of the intelligence
community, within certain limits, to establish higher rates of
pay for positions requiring expertise in banking or financial
services.
Section 408. Annual report on unfunded priorities of intelligence
community
Section 408 updates current law to require each element of
the intelligence community to prepare and submit to the
appropriate congressional committees a report on the unfunded
priorities of the programs under the jurisdiction of such
element.
Section 409. Notice to Congress of counterintelligence threats to
legislative branch
Section 409 requires the Director of National Intelligence
and the Director of the Federal Bureau of Investigation to
provide timely notification to congressional leadership of any
counterintelligence threat to the legislative branch or a
legislative branch official. Section 409 further requires the
Directors to provide defensive briefings to legislative branch
officials determined appropriate by the Directors, including
officials targeted or compromised by such counterintelligence
threats. Section 409 further requires the Directors to prepare
reports that include specific information concerning such
threats, but that exclude intelligence sources and methods by
which such information was obtained, to facilitate the
distribution of specific threat information. Finally, this
provision requires the Director of National Intelligence to
provide quarterly reports to congressional leadership regarding
counterintelligence threats to the legislative branch and
legislative branch officials.
Section 410. Congressional notice of counterintelligence investigations
into persons holding elected offices and candidates for such
offices
Section 410 requires the Director of the Federal Bureau of
Investigation to notify congressional leadership within 48
hours after the commencement of a counterintelligence
investigation into a person who holds an elected Federal office
or a candidate in an election for such an office.
Section 411. Submission of legislative proposals
Section 411 requires the Director of National Intelligence,
within 45 days of the date on which the President submits to
Congress the budget request for a particular fiscal year, to
submit to the congressional intelligence committees any
legislative proposals proposed by the Director to be enacted as
part of the annual intelligence authorization act for that
fiscal year.
Section 412. Sunset of certain intelligence community reporting
requirements
Section 412 establishes a general rule, with certain
specified exceptions, that recurring reports tasked to the
Director of National Intelligence in an annual intelligence
authorization act prior to Fiscal Year 2022 will no longer be
required to be submitted to Congress as of December 31, 2025.
Section 412 further requires the Director of National
Intelligence, by February 1, 2024, to submit to the
congressional intelligence committees a list of all reports
that would be repealed under this section.
Section 413. Notice and damage assessment with respect to significant
unauthorized disclosure of classified national intelligence
Section 413 requires the Director of National Intelligence
to notify the congressional intelligence committees within
seven days if the DNI becomes aware of an actual or potential
significant unauthorized disclosure of classified national
intelligence and requires that the notification contain certain
information regarding the facts and circumstances of the
disclosure. Section 413 further requires, within seven days of
the DNI becoming aware of an actual disclosure, that the DNI or
the head of the appropriate element of the intelligence
community initiate a damage assessment, and that the DNI
regularly update the congressional intelligence committees,
including by providing the committees with copies of any
documents disclosed, until the final damage assessment is
completed.
Section 414. In-state tuition rates for certain members of intelligence
community
Section 414 amends Section 135(d) of the Higher Education
Act of 1965 (20 U.S.C. 1015d(d)) to add members of the
intelligence community (IC) to the definition of ``qualifying
Federal service,'' thereby allowing members of the IC (or the
spouse or dependent child of such member) to be eligible for
in-state tuition at public institutions of higher education in
states that receive assistance under the Higher Education Act
of 1965. This amendment would become effective after July 1,
2024.
Section 415. Repeal of study on personnel under Strategic Intelligence
Partnership Program
Section 415 repeals Section 6435 of the Intelligence
Authorization Act for Fiscal Year 2023, which 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 416. Authorization relating to certain intelligence and
counterintelligence activities of Coast Guard
Section 416 provides the Commandant of the Coast Guard with
the authority, under certain circumstances and with certain
limitations, to expend funds made available under the National
Intelligence Program for intelligence and counterintelligence
activities without regard to any other provision of law
relating to the obligation, expenditure, or accounting of
government funds. Section 416 further requires the Commandant,
following any use of this authority, to certify to the
congressional intelligence committees that the authority was
used in a manner consistent with this section.
Section 417. Intelligence Community Counterintelligence Offices
Section 417 requires the Director of National Intelligence
(DNI) to seek to enter into agreements with non-intelligence
community (IC) federal departments or agencies to establish an
``Intelligence Community Counterintelligence Office'' (ICCO)
within the non-IC federal department or agency for the purpose
of providing timely and relevant counterintelligence threat
information to the leadership of the non-IC federal department
or agency. Section 417 further requires the DNI to seek to
establish an ICCO within the U.S. Department of Agriculture no
later than January 1, 2025, and submit a plan for such
establishment to Congress within 180 days after enactment.
Section 418. Termination of Climate Security Advisory Council
Section 418 terminates the Climate Security Advisory
Council, established in the Intelligence Authorization Act for
Fiscal Year 2020 (50 USC 3060), 180 days after the date of
enactment.
Section 419. Limitation on availability of funds for Federal Bureau of
Investigation pending submission of information regarding
certain media engagements
Section 419 prohibits the Federal Bureau of Investigation
from obligating or expending 2.0 percent of the National
Intelligence Program funds authorized to be appropriated to the
FBI in Fiscal Year 2024 until the FBI submits to the
congressional intelligence committees a list of media
backgrounders conducted by FBI personnel relating to the 2020
election for President or foreign malign influence in the lead-
up to such election, the dates of such engagements, and the
persons with whom such engagements were held.
Section 420. Limitation on availability of funds for Federal Bureau of
Investigation pending submission of certain memorandum relating
to budget
Section 420 prohibits the Federal Bureau of Investigation
from obligating or expending 0.1 percent of the National
Intelligence Program funds authorized to be appropriated to the
FBI in Fiscal Year 2024 until the FBI, in coordination with the
Director of National Intelligence, submits to the congressional
intelligence committees the memorandum of agreement that
governs the policy of the FBI on budget execution.
Section 421. Limitation on availability of funds for the Office of the
Director of National Intelligence pending submission of certain
documents and annexes
Section 421 prohibits the Office of the Director of
National Intelligence from obligating or expending 3.0 percent
of the funds authorized to be appropriated to the ODNI in
Fiscal Year 2024 until the DNI submits to the congressional
intelligence committees the covered documents and any
classified annex accompanying such covered documents required
to be submitted under Section 6316 of the Intelligence
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3114).
SUBTITLE B--REPORTS AND OTHER MATTERS
Section 431. Inclusion of counternarcotics as special topic in certain
budget justification materials
Section 431 requires the Director of National Intelligence
to include counternarcotics as a ``special topic'' in the
document the DNI prepares each budget cycle to summarize the
National Intelligence Program budget request. Section 431
further requires the DNI to provide information regarding the
main activities and investments that such requested funding
would support; a breakdown of such requested funding by
program, budget category, and intelligence discipline; a
comparison of aggregate requested funding and aggregate enacted
funding for counternarcotics for the current fiscal year and
the previous fiscal year; and the number of full-time
equivalent civilian and military personnel assigned to the
counternarcotics mission of the intelligence community.
Section 432. Development of plan to make open-source intelligence
products available to certain Federal employees
Section 432 requires the Director of National Intelligence
to develop a plan to make unclassified intelligence products
written by the intelligence community and derived from open-
source materials accessible to U.S. government customers
outside the intelligence community who would benefit from such
products. Section 432 further requires the DNI to submit this
plan to the congressional intelligence committees within 180
days of enactment. Section 432 further requires the DNI to
update Intelligence Community Directive 208 (``Maximizing the
Utility of Analytic Products'') to address the production and
dissemination of unclassified intelligence products derived
from open-source intelligence, and the needs and requirements
of U.S. government customers who do not hold a security
clearance or do not have access to the classified systems on
which such unclassified intelligence products reside.
Section 433. Intelligence community-wide policy on prepublication
review
Section 433 requires the Director of National Intelligence
to issue an intelligence-community wide policy regarding
prepublication review within 30 days of the date of enactment
of this Act.
Section 434. Review relating to confidential human source program of
Federal Bureau of Investigation
Section 434 requires the Inspector General of the
Intelligence Community (ICIG), in coordination with the
Inspector General of the Department of Justice, to conduct a
review of the policies and procedures governing the
confidential human source program of the Federal Bureau of
Investigation and the FBI's compliance with those policies and
procedures. Section 434 further requires the ICIG to submit a
report containing the results of that review to the
congressional intelligence committees within 90 days of the
review's completion. Section 434 further requires an FBI agent,
with respect to confidential human sources the FBI manages with
National Intelligence Program funding, to notify a confidential
human source coordinator or federal prosecutor if the agent has
reasonable grounds to believe a confidential human source or
their immediate family member is engaged in unauthorized
criminal activity. Section 434 further requires the FBI to
review the file of each confidential human source on at least a
quarterly basis.
Section 435. Inspector General of the Intelligence Community assessment
of Overt Human Intelligence Collection Program of Department of
Homeland Security
Section 435 requires the Intelligence Community Inspector
General (ICIG) to conduct a comprehensive assessment of the
Overt Human Intelligence Collection (OHIC) program administered
by DHS's Office of Intelligence and Analysis. Section 435
further requires the ICIG to brief the appropriate
congressional committees on its preliminary findings and
recommendations within 180 days of enactment, and to submit its
final report to the appropriate congressional committees within
one year of enactment. Section 435 further prohibits any funds
authorized to be appropriated by this Act from being used to
conduct or resume certain intelligence collection activities
pursuant to the OHIC program, namely interviews with
individuals who have been charged with a criminal offense but
whose guilt has not yet been adjudicated.
Section 436. Intelligence assessments regarding Haiti
Section 436 requires the Director of National Intelligence,
through the National Intelligence Council, to submit to the
congressional intelligence committees within one year of
enactment an intelligence community assessment of the current
situation in Haiti; its implications for citizen security in
Haiti, regional security in the Caribbean, and U.S. national
security; and opportunities for the United States to stabilize
the situation. Section 436 further requires the Director of
National Intelligence to submit to the congressional
intelligence committees within one year of enactment a review
of the intelligence products on Haiti written by the
intelligence community between January 1, 2021, and July 7,
2021, the date on which Haitian President Jovenal Moise was
assassinated, along with any recommendations for how the
intelligence community can improve its reporting to
policymakers on Haiti and other countries characterized by
chronic insecurity, instability, and poverty.
Section 437. Intelligence assessment of influence operations by
People's Republic of China toward Pacific Island countries
Section 437 requires the Assistant Secretary of State for
Intelligence and Research to submit a report to the
congressional intelligence committees within 180 days of
enactment that assesses influence operations, through either
covert or overt means, by China toward Pacific Island
countries, and that analyzes opportunities for the United
States to counter these efforts.
Section 438. Independent study on economic impact of military invasion
of Taiwan by People's Republic of China
Section 438 requires the Director of National Intelligence
to seek to enter into a contract with a federally funded
research and development center or non-governmental entity to
conduct a comprehensive study on the global economic impact
that would occur in the event China were to invade Taiwan or
China were to take certain other aggressive or coercive actions
toward Taiwan, including the impact on supply chains, trade
flows, financial markets, sovereign debt, and key economic
indicators. The section further requires that the results of
the study be submitted to the congressional intelligence
committees within 270 days of enactment.
Section 439. Reports on civilian casualties caused by certain
operations of foreign governments
Section 439 requires the Director of National Intelligence,
within one year of enactment and annually thereafter for two
years, to submit to the congressional intelligence committees a
report detailing any instance in which the DNI confirms (1)
that a foreign government has conducted an operation involving
the use of force, (2) intelligence shared by a U.S.
intelligence community element played a significant role in
that operation, and (3) that foreign government operation
resulted in civilian casualties. Section 439 provides that the
report may be submitted in classified form, but must include an
unclassified executive summary.
Section 440. Report by Director of National Intelligence on Uyghur
genocide
Section 440 requires the Director of National Intelligence
to submit a report to the congressional intelligence committees
on the Uyghur genocide within 180 days of enactment. The report
would be required to include information on forced
sterilization, birth control, and abortion of Uyghurs; forced
transfer of Uyghur children from their families, forced labor
of Uyghurs inside and outside Xinjiang; work conditions of
Uyghur workers; physical or psychological torture against
Uyghurs; methods used to surveille Uyghurs; and actions that
infringe on the rights of Uyghurs to live freely in accordance
with their customs, culture, and religious practices.
Section 441. Technical corrections
Section 441 contains technical corrections to prior Acts.
TITLE V--MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD
ARCHITECTURE
Section 501. Extension of authority to engage in commercial activities
as security for intelligence collection activities
Section 501 extends for one year the Secretary of Defense's
authority to conduct commercial activities necessary to provide
security for authorized intelligence collection activities
abroad undertaken by the Department of Defense.
Section 502. Modification of reporting requirement for All-Domain
Anomaly Resolution Office
Section 502 requires the Director of the All-Domain Anomaly
Resolution Office to submit the report previously required to
be jointly submitted by the Director of National Intelligence
and the Secretary of Defense.
Section 503. Military intelligence collection and analysis partnerships
Section 503 provides the Director of the Defense
Intelligence Agency 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. This section further
provides the DIA Director with authority to use up to $10
million of appropriated funds annually to pay for such
expenses.
Section 504. Authorization for establishment of the National Space
Intelligence Center (NSIC) as field operating agency
Section 504 authorizes the Secretary of the Air Force to
establish the National Space Intelligence Center as a field
operating agency of the Space Force. This section further
requires the Secretary, if the Secretary does establish the
National Space Intelligence Center as a field operating agency
of the Space Force, to consider the operational and
geographical benefits of co-locating the National Space
Intelligence Center with the National Air and Space
Intelligence Center.
Section 505. Defense Intelligence Agency assessment of strategic
competition in Latin America and the Caribbean
Section 505 directs the Director of the Defense
Intelligence Agency to submit to the appropriate congressional
committees within 120 days an intelligence assessment on the
level of intelligence and defense cooperation between China and
countries in Latin America and the Caribbean, and between
Russia and countries in Latin America and the Caribbean. This
section requires the assessment to describe or depict
cooperation in the areas of strategic dialogue, training or
professional military education, defense agreements,
intelligence sharing agreements, arms transfers, military
exercises, joint operations, permanent military presence, and
space cooperation.
Section 506. Quarterly briefings relating to use of Military
Intelligence Program funds
Section 506 directs the Secretary of Defense to provide the
Permanent Select Committee on Intelligence of the House of
Representatives a quarterly briefing on significant military
operations funded by amounts made available under the Military
Intelligence Program, and on all clandestine operations in the
information environment funded or otherwise enabled by amounts
made available under the Military Intelligence Program.
TITLE VI--MATTERS RELATING TO NATIONAL SECURITY AGENCY, CYBER, AND
COMMERCIAL CLOUD ENTERPRISE
Section 601. Congressional notification by National Security Agency of
intelligence collection adjustments
Section 601 requires the Director of NSA to notify the
congressional intelligence committees within 30 days of any
government policy change related to intelligence collection or
prioritization that results in a significant loss of
collection.
Section 602. Modifications to enforcement of cybersecurity requirements
for national security systems
Section 602 amends Section 6309 of the Fiscal Year 2023
Intelligence Authorization Act (P.L. 117-263) to require the
head of each IC element that owns or operates a national
security system (NSS) to submit to the congressional
intelligence committees, within 90 days of enactment, a plan
detailing the cost and schedule requirements to meet the
cybersecurity requirements for NSS by the end of Fiscal Year
2026. National Security Memorandum 8 (NSM-8), released on
January 19, 2022, sets forth requirements for NSS security
across the government. NSM 8 lays out requirements for the
Director of the National Security Agency (NSA) acting as the
National Manager responsible for NSS. Section 6309 of the
Fiscal Year 2023 Intelligence Authorization Act (P.L. 117-263)
requires the NSM-8 cybersecurity requirements for NSS include
``appropriate deadlines'' for each IC element to meet. The
intention of the new section is to require the IC elements to
assume that the ``reasonable implementation deadlines'' all
occur by the end of Fiscal Year 2026, and to provide schedule
and cost plans to meet those requirements. This information
will allow the congressional intelligence committees to
appropriately assess future budget submissions.
Section 603. Support by intelligence community for certain cross-
functional team of Department of Defense
Section 603 requires the head of any intelligence community
component to provide access to that component's intelligence
reporting, analysis, or finished intelligence products, and
assign intelligence or counterintelligence personnel to
facilitate that information sharing, upon request by the
Department of Defense (DoD)'s Cross-Functional Team that was
created by the Fiscal Year 2022 National Defense Authorization
Act to address anomalous health incidents.
Section 604. Commercial Cloud Enterprise notification
Section 604 requires the Director of the Central
Intelligence Agency (CIA) to provide quarterly notifications to
the congressional intelligence committees on the status, value,
and duration of all Commercial Cloud Enterprise (C2E) task
orders by vendor and IC element, the number of sole source task
orders, and the status of security accreditation for the C2E
vendors. Each IC element is required to share necessary
information with the CIA to prepare the required notification.
The requirement sunsets three years after enactment.
Section 605. Commercial Cloud Enterprise sole source task order
notification requirement
Section 605 requires the head of each IC element to report
to the congressional intelligence committees within 90 days of
enactment and then on a semi-annual basis thereafter regarding
sole source task orders awarded under the Commercial Cloud
Enterprise (C2E) contract. The notifications shall include a
description of the task order, a summary of services to be
provided, the value of the task order, the justification for
the sole source award, and the identification of the awardee.
The requirement sunsets three years after enactment. Section
605 does not prohibit or limit sole source awards.
Section 606. Analysis of commercial cloud initiatives of the
intelligence community
Section 606 requires the Director of National Intelligence
(DNI), in coordination with the other Intelligence Community
(IC) elements as appropriate, to assess the IC's current and
future usage of the Commercial Cloud Enterprise (C2E) contract
and brief the congressional intelligence committees within 90
days of enactment on the findings. The DNI's analysis and
briefing shall include anticipated cost savings from the
termination of IC legacy storage capacity, IC efforts to
utilize multiple C2E vendors, and the operational value the IC
is achieving through utilization of C2E analytic tools and
services.
Section 606 is modeled after language included in the
Fiscal Year 2020 Intelligence Authorization Act (Section 5711,
P.L. 116-92), which has a similar requirement for DNI reporting
on IC activity related to Artificial Intelligence.
TITLE VII--MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY
Section 701. Inspector General of the Central Intelligence Agency
quarterly employee engagement summaries
Section 701 requires the CIA Inspector General (CIA IG) to
provide a quarterly summary of CIA workforce engagement with
the CIA IG during that quarter to the congressional
intelligence committees and the defense appropriations
subcommittees. The summaries shall detail the number of reports
to the CIA IG filed by the CIA workforce, the nature of the
allegations in each report, whether the CIA IG initiated an
investigation into each report, the status of each
investigation, and the result of any completed investigation.
Section 702. Improved funding flexibility for payments made by the
Central Intelligence Agency for qualifying injuries to the
brain
Section 702 authorizes the CIA to reprogram funds to meet
the demand for payments to certain individuals who incurred
qualifying injuries to the brain.
Section 703. Benjamin Tallmadge Institute as primary Central
Intelligence Agency entity for education and training in
counterintelligence
Section 703 requires the CIA Director to maintain the
Benjamin Tallmadge Institute as the CIA's primary entity for
counterintelligence education and training for all career
fields within the CIA, including specialized certifications for
CIA counterintelligence personnel. Section 703 further requires
the Benjamin Tallmadge Institute to develop courses at an
unclassified level for personnel or entities outside of the
intelligence community and a baseline certification course for
all counterintelligence career professionals from any branch of
the federal government. Finally, Section 703 requires the CIA
Director, in coordination with the Director of National
Intelligence, to develop programs to increase participation in
Benjamin Tallmadge Institute offerings by personnel from other
intelligence community components.
Section 704. Central Intelligence Agency intelligence assessment of
Sinaloa Cartel and Jalisco Cartel
Section 704 requires the CIA Director, in consultation with
the heads of the other elements of the intelligence community,
to submit to the congressional intelligence committees within
90 days an intelligence assessment on the structure,
capabilities, methods, practices, and other pertinent
information regarding the Sinaloa Cartel and the Jalisco
Cartel.
Section 705. Central Intelligence Agency intelligence assessment with
respect to efforts by the People's Republic of China to
increase influence in the Middle East
Section 705 requires the CIA Director, in consultation with
the heads of the other elements of the intelligence community,
to submit an intelligence assessment to the appropriate
congressional committees within 90 days on China's efforts to
increase influence in the Middle East in ways that are
detrimental to the national security interests of the United
States.
Section 706. Assessment of availability of mental health and chaplain
services to Agency employees
Section 706 requires the CIA Director to submit to the
congressional intelligence committees within 180 days an
assessment on the availability of appropriately cleared mental
health professionals and chaplains for CIA employees seeking
such services.
Section 707. Assessment by the Director of Central Intelligence Agency
on certain effects of Abraham Accords
Section 707 requires the CIA Director, in consultation with
the heads of the other elements of the intelligence community,
to submit to the congressional intelligence committees within
90 days an intelligence assessment on the Abraham Accords'
effects on the intelligence community and potential effects if
the Abraham Accords were expanded to include additional
countries.
TITLE VIII--REPORTING AND INVESTIGATIONS OF ALLEGATIONS OF SEX RELATED
OFFENSES AND SEXUAL HARASSMENT IN CENTRAL INTELLIGENCE AGENCY
Section 801. Reporting and investigation of allegations of sex-related
offenses and sexual harassment in Central Intelligence Agency
Section 801 imposes new requirements on the CIA Director to
create uniform policies and training for all aspects of the
CIA's response to allegations of sex-related offenses and
sexual harassment, and submit a biannual report on the number
and type of sexual harassment and sex-related offenses reported
and addressed within the CIA. Section 801 creates a Victim and
Whistleblower Legal Counsel to provide representation,
guidance, and facilitate resources for individuals who report
allegations of sexual harassment and sex-related offenses under
the confidentiality of an attorney-client relationship. Section
801 creates a new process for reporting and investigating
allegations of sexual assault and sex-related offenses within
the CIA, including an option to file a restricted report, which
remains confidential and does not result in a formal
investigation; or an unrestricted report, which shall require a
serious incident report within 8 days and results in a formal
investigation. Section 801 creates a Special Victim
Investigator to support sexual harassment investigations, lead
investigations into sex-related offenses other than sexual
harassment, and coordinate with Federal, State, local, and
Tribal law enforcement agencies as necessary and appropriate.
Finally, Section 801 requires the CIA Director to implement its
provisions and consolidate all the CIA's policy and training
responsibilities into a single office within 180 days.
TITLE IX--MATTERS RELATING TO TECHNOLOGY AND INNOVATION
Section 901. Intelligence Community Innovation Unit
Section 901 requires the Director of National Intelligence
to establish an Intelligence Community Innovation Unit to
identify and evaluate commercial emerging technologies for
intelligence community adoption, transition prototypes to
operational use, and serve as an entry point to the
intelligence community in collaboration with the Office of
Engagement created by Section 902. Section 901 also requires
the Director of National Intelligence to appoint a director,
hire staff, and establish hiring qualifications. This section
also grants the Director of National Intelligence special
hiring and retention authorities and directs the Director of
National Intelligence to provide a plan on establishing the
Intelligence Community Innovation Unit.
Section 902. Establishment of Office of Engagement
Section 902 requires the Director of National Intelligence
to establish an Office of Engagement to coordinate, facilitate,
and track engagements with intelligence community partners
across the elements of the intelligence community. The section
also directs plans and briefings on the establishment of the
office and briefings of the operation of the office.
Section 903. Requirement for a chief technology officer within each
element of the intelligence community
Section 903 requires each intelligence community element to
identify a senior official to serve as the chief technology
officer for each element.
Section 904. Requirement to authorize additional security clearances
for certain contractors
Section 904 authorizes any entity that enters into a
covered contract or agreement with an element of the
Intelligence Community to designate an additional number of
covered employees, for which the private entity may apply and
pay for a security clearance, to establish a ``back bench'' of
cleared employees at no cost to the government.
Section 905. Intelligence Innovation Board
Section 905 requires the Director of National Intelligence
to create an Intelligence Community Innovation Board to advise
the Director of National Intelligence, the heads of the
elements of the intelligence community, and the Congressional
Intelligence Committees on how the intelligence community can
better identify and adopt emerging technologies.
Section 906. Programs for next-generation microelectronics in support
of artificial intelligence
Section 906 requires the Director of National Intelligence,
acting through the Director of the Intelligence Advanced
Research Projects Activity, to establish or oversee a program
dedicated to the advancement of microelectronics research.
Section 906 further requires that such research focus on
advanced engineering and applied research into next-generation
computing models, materials, devices, and architectures to
enable the advancement of artificial intelligence and machine
learning, along with efforts to overcome challenges with
respect to physical limits on hardware size and promote long-
term advancements in computing technologies.
Section 907. Program for beyond 5G
Section 907 authorizes the Director of National
Intelligence, acting through the Director of the Intelligence
Advanced Research Projects Activity, to initiate or carry out a
program dedicated to research and development of 6G technology
and any successor technologies. The section further provides
that, in carrying out this program, the DNI shall consult with
heads of federal departments and agencies, private sector
entities, institutions of higher education, federally funded
research and development centers, and any other individuals or
entities the DNI deems appropriate.
Section 908. Intelligence community commercial remote sensing
requirements
Section 908 directs the Director of National Intelligence
and the Under Secretary of Defense for Intelligence and
Security to perform various functions related to commercial
remote sensing, including the validation of capability needs,
the development of requirements, and the development of cost
estimates and other budget-related materials. This section
further requires the Director of National Intelligence and the
Under Secretary of Defense for Intelligence and Security to
submit to the appropriate congressional committees within 180
days a report on their implementation of this section.
Section 909. Requirement to ensure intelligence community directives
appropriately account for artificial intelligence and machine
learning tools in intelligence products
Section 909 requires the Director of National Intelligence
to provide the congressional intelligence committees with a
briefing on whether current intelligence community directives
provide intelligence community analysts with sufficient
guidance and direction regarding the use of artificial
intelligence and machine learning tools. The section further
requires the DNI to determine if any intelligence community
directive requires updating to account for artificial
intelligence and machine learning tools, and, if so, to provide
a plan and proposed timeline for updating such intelligence
community directive.
Purpose
The purpose of H.R. 3932, the Intelligence Authorization
Act for Fiscal Year 2024 (the Act), is to authorize the
intelligence and intelligence-related activities of the United
States Government for Fiscal Year 2024.
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. 3932.
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
Establishment of an Intelligence Community Innovation Unit
In Section 901 of this bill, the Committee directs the
Director of National Intelligence to create the Intelligence
Community Innovation Unit (ICIU) to identify and evaluate
commercial emerging technologies for intelligence community
adoption, help transition prototypes to operational use within
the intelligence community to achieve intelligence community-
wide usage, and serve as a liaison and entry point to the
private sector, academia, and government research and
development organizations alongside the Director of National
Intelligence's Office of Engagement created in Section 902 of
the bill.
The Committee believes that the leader of the ICIU will be
one of the key determinants of its success. An empowered
leader, with strong qualifications and an affinity for
disruption, will be essential. The Committee also notes that
this new organization should develop an acquisition cadre to
fully utilize other transaction authorities and other rapid
acquisition pathways. The ICIU is authorized to use special
hiring and retention authorities with special emphasis placed
on technology subject matter experts.
In a world of increasing strategic competition, the
Committee believes that the United States must innovate to
outpace competitors. Increasingly, it is private industry and
others outside of government that are producing game-changing
technologies that foster American primacy. The intelligence
community must therefore move at speed to capture and
incorporate this critical technology, wherever it originated.
Office of Engagement
In Section 902 of this bill, the Committee directs the
creation of the Office of Engagement (Office) at the Office of
the Director of National Intelligence. The Committee notes the
Office should be outward facing to connect people and entities
across private sector, academia, and government research and
development organizations, and foreign partners and allies, in
furtherance of Intelligence Community objectives and
requirements. This role has too often shifted throughout
various organizational constructs and the Committee believes
that its position and responsibility must be solidified.
Security Clearance Back Bench Establishment
In Section 904 of this bill, the Committee directs the
elements of the Intelligence Community to allow companies, in
future contracts with the Intelligence Community, to pay for
extra security clearances for their workforce. Currently,
contracted companies do not have a sufficient ``back bench'' of
employees ready to fulfill mission needs if a cleared employee
unexpectedly departs. The status quo has follow-on impacts that
artificially increase cost to companies that are passed back to
the government.
Foreign Disclosure Officers
Russia's ongoing invasion of Ukraine has underscored the
importance of intelligence sharing between the U.S. and allies
and partners. A critical component of such intelligence sharing
is a foreign disclosure process that allows the Intelligence
Community (IC) and the Defense Intelligence Enterprise to
provide timely information, at the appropriate classification
level, to partner nations that enhance their decision-making
process and advance U.S. national security objectives.
Therefore, no later than January 18, 2024, the Director of
National Intelligence and the Under Secretary of Defense for
Intelligence and Security shall provide a briefing to the
Committee describing their management of Foreign Disclosure
Officers (FDOs). At a minimum, this briefing shall include an
overview of:
1. The current number and distribution of FDOs within
the IC and the Defense Intelligence Enterprise, both
full-time and as a collateral duty;
2. Any plans to increase the number of full- or part-
time FDOs and any identified obstacles or challenges
associated with such an increase;
3. Any identified challenges associated with
establishing or modifying intelligence sharing
agreements regarding Russia's invasion of Ukraine or
Russian aggression toward Europe or NATO;
4. Any lessons learned regarding FDOs from the
conflict in Ukraine that may apply to other potential
conflicts or contingencies; and
5. Any identified challenges related to information
technology that have hindered, or might hinder, robust
intelligence sharing.
Comprehensive Assessment of Workforce Diversity at the FBI
To execute its vital national security mission, the Federal
Bureau of Investigation relies on its single greatest
advantage: its people. The Committee is aware of the need to
improve the workplace culture at the FBI--and, in particular,
the Bureau's efforts to promote diversity. To remain mission-
ready in a complex and changing threat environment--and to meet
the expectations of a younger generation of Americans--the
FBI's special agent cadre must draw on as many talented people
as it is able to attract. The Committee believes that genuine,
mission-driven culture change requires sustained focus from
senior leadership informed by outside experts. The Committee
directs the FBI, not later than November 30, 2023, to seek to
enter into an agreement with a federally funded research and
development center or nonprofit entity to conduct an
independent and comprehensive review and assessment of the
FBI's diversity efforts, including a root cause analysis to
identify barriers to recruitment, retention, and promotion.
Intelligence Assessment of Opportunities to Disrupt Foreign Commercial
Spyware Market
Foreign commercial spyware provides foreign governments
with an exquisite end-to-end system for collection of signals
intelligence. The development of a commercial market for this
product allows for its use by foreign governments to target
U.S. intelligence and diplomatic officials for intelligence
collection. Moreover, such a market enables use of this product
by foreign governments to spy on journalists, dissidents, and
human rights defenders--and to suppress those vital
activities--in contravention of U.S. values.
Disrupting the foreign commercial spyware market would
advance U.S. interests and values. Therefore, the Committee
directs that, not later than November 30, 2023, the National
Intelligence Council shall submit to the congressional
intelligence committees an intelligence assessment of
opportunities to (1) degrade the capabilities of foreign
commercial spyware companies and prevent them from offering
such effective tools, and (2) deter the purchase and use of
foreign commercial spyware by countries that lack the capacity
to develop those capabilities indigenously.
Report on National Counterintelligence and Security Center
Not later than June 30, 2024, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the advisability and impact of
designating the National Counterintelligence and Security
Center (NCSC) as the agency responsible for the assessment,
oversight, and enforcement of Intelligence Community-wide
counterintelligence, security, and insider threat detection
efforts. The report shall contain the following:
1. A description of any additional authorities NCSC
would need in order to assess, monitor, oversee, and
enforce compliance with the Intelligence Community-wide
policy for minimum insider threat standards, including
through the collection of user activity data from the
elements of the Intelligence Community.
2. An estimate of the additional number of full-time
equivalent positions that would be required at NCSC,
and an analysis of whether the creation of full-time
equivalent positions at Office of the Director of
National Intelligence (excluding NCSC) or other
elements of the Intelligence Community would be
required.
3. An estimate of the personnel and non-personnel
services costs to NCSC that would be incurred, broken
out by functional area, and an estimate of any
compliance or other costs that would be incurred by
ODNI (excluding NCSC) or by other elements of the
Intelligence Community were NCSC to be charged with
such oversight and compliance enforcement
responsibilities.
Committee Consideration
The Committee marked up H.R. 3932 on July 13, 2023.
Chairman Turner offered an amendment in the nature of a
substitute, which the Committee adopted by voice vote. No other
amendments were offered, and the bill as amended was approved
and ordered to be reported to the House by voice vote, a quorum
being present.
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. 3932 are to authorize the intelligence and
intelligence-related activities of the United States Government
for Fiscal Year 2024. 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.
3932 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 July 14, 2023, 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, which was not received as of
the time of filing this report.
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):
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):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART J--ENHANCED PERSONNEL SECURITY PROGRAMS
* * * * * * *
CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS
* * * * * * *
Sec. 11001. Enhanced personnel security programs
(a) Enhanced Personnel Security Program.--The Director of
National Intelligence shall direct each agency to implement a
program to provide enhanced security review of covered
individuals--
(1) in accordance with this section; and
(2) not later than the earlier of--
(A) the date that is 5 years after the date
of the enactment of the Intelligence
Authorization Act for Fiscal Year 2016; or
(B) the date on which the backlog of overdue
periodic reinvestigations of covered
individuals is eliminated, as determined by the
Director of National Intelligence.
(b) Comprehensiveness.--
(1) Sources of information.--The enhanced personnel
security program of an agency shall integrate relevant
and appropriate information from various sources,
including government, publicly available, and
commercial data sources, consumer reporting agencies,
social media, and such other sources as determined by
the Director of National Intelligence.
(2) Types of information.--Information obtained and
integrated from sources described in paragraph (1) may
include--
(A) information relating to any criminal or
civil legal proceeding;
(B) financial information relating to the
covered individual, including the credit
worthiness of the covered individual;
(C) publicly available information, whether
electronic, printed, or other form, including
relevant security or counterintelligence
information about the covered individual or
information that may suggest ill intent,
vulnerability to blackmail, compulsive
behavior, allegiance to another country, change
in ideology, or that the covered individual
lacks good judgment, reliability, or
trustworthiness; and
(D) data maintained on any terrorist or
criminal watch list maintained by any agency,
State or local government, or international
organization.
(3) Special requirements with respect to social
media.--
(A) In general.--Information obtained and
integrated from sources described in paragraph
(1) shall include any publicly available social
media information relating to the covered
individual.
(B) Disclosure by covered individuals.--The
enhanced personnel security program of an
agency shall include a requirement that a
covered individual disclose any username or
alias used by the covered individual on any
social media account, including both private
and public social media accounts, but may not
require the covered individual to disclose any
password for any such account.
(c) Reviews of Covered Individuals.--
(1) Reviews.--
(A) In general.--The enhanced personnel
security program of an agency shall require
that, not less than 2 times every 5 years, the
head of the agency shall conduct or request the
conduct of automated record checks and checks
of information from sources under subsection
(b) to ensure the continued eligibility of each
covered individual to access classified
information and hold a sensitive position
unless more frequent reviews of automated
record checks and checks of information from
sources under subsection (b) are conducted on
the covered individual.
(B) Scope of reviews.--Except for a covered
individual who is subject to more frequent
reviews to ensure the continued eligibility of
the covered individual to access classified
information and hold a sensitive position, the
reviews under subparagraph (A) shall consist of
random or aperiodic checks of covered
individuals, such that each covered individual
is subject to at least 2 reviews during the 5-
year period beginning on the date on which the
agency implements the enhanced personnel
security program of an agency, and during each
5-year period thereafter.
(C) Individual reviews.--A review of the
information relating to the continued
eligibility of a covered individual to access
classified information and hold a sensitive
position under subparagraph (A) may not be
conducted until after the end of the 120-day
period beginning on the date the covered
individual receives the notification required
under paragraph (3).
(2) Results.--The head of an agency shall take
appropriate action if a review under paragraph (1)
finds relevant information that may affect the
continued eligibility of a covered individual to access
classified information and hold a sensitive position.
(3) Information for covered individuals.--The head of
an agency shall ensure that each covered individual is
adequately advised of the types of relevant security or
counterintelligence information the covered individual
is required to report to the head of the agency.
(4) Limitation.--Nothing in this subsection shall be
construed to affect the authority of an agency to
determine the appropriate weight to be given to
information relating to a covered individual in
evaluating the continued eligibility of the covered
individual.
(5) Authority of the president.--Nothing in this
subsection shall be construed as limiting the authority
of the President to direct or perpetuate periodic
reinvestigations of a more comprehensive nature or to
delegate the authority to direct or perpetuate such
reinvestigations.
(6) Effect on other reviews.--Reviews conducted under
paragraph (1) are in addition to investigations and
reinvestigations conducted pursuant to section 3001 of
the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341).
(d) Review.--
(1) In general.--Beginning 2 years after the date of
the implementation of the enhanced personnel security
program of an agency under subsection (a), the
Inspector General of the agency shall conduct at least
1 review to assess the effectiveness and fairness,
which shall be determined in accordance with
performance measures and standards established by the
Director of National Intelligence, to covered
individuals of the enhanced personnel security program
of the agency.
(2) Submissions to dni.--The results of each review
conducted under paragraph (1) shall be submitted to the
Director of National Intelligence to assess the
effectiveness and fairness of the enhanced personnel
security programs across the Federal Government.
(e) Definitions.--In this section--
(1) the term ``agency'' has the meaning given that
term in section 3001 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341);
(2) the term ``consumer reporting agency'' has the
meaning given that term in section 603 of the Fair
Credit Reporting Act (15 U.S.C. 1681a);
(3) the term ``covered individual'' means an
individual employed by an agency or a contractor of an
agency who has been determined eligible for access to
classified information or eligible to hold a sensitive
position;
(4) the term ``enhanced personnel security program''
means a program implemented by an agency at the
direction of the Director of National Intelligence
under subsection (a); and
----------
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. 103L. Intelligence Community Innovation Unit.
* * * * * * *
[Sec. 113B. Special pay authority for science, technology, engineering,
or mathematics positions.]
Sec. 113B. Special pay authority for science, technology, engineering,
or mathematics positions and positions requiring banking or
financial services expertise.
* * * * * * *
[Sec. 120. Climate Security Advisory Council.]
* * * * * * *
Sec. 122. Office of Engagement.
* * * * * * *
Title V--Accountability for Intelligence Activities
* * * * * * *
Sec. 516. Notice to Congress of counterintelligence threats to
legislative branch and legislative branch officials.
Sec. 517. Congressional notice of counterintelligence investigations
into Federal elected officials and candidates in elections for
Federal office.
Sec. 518. Submission of legislative proposals.
Sec. 519. Termination of certain reporting requirements.
* * * * * * *
Title XI--Additional Miscellaneous Provisions
* * * * * * *
Sec. 1105A. Notice and damage assessment with respect to significant
unauthorized disclosure of classified national intelligence.
* * * * * * *
TITLE I--COORDINATION FOR NATIONAL SECURITY
* * * * * * *
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 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 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 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.]
(2)(A) The Director of National Intelligence shall oversee
the National Counterterrorism Center, the National
Counterproliferation and Biosecurity Center, the National
Counterintelligence and Security Center, the Foreign Malign
Influence Center, and the Cyber Threat Intelligence and
Integration Center.
(B) The Director of National Intelligence may establish a new
national intelligence center, or assign a new function to a
national intelligence center, but only if--
(i) the Director submits to the congressional
intelligence committees written notification of such
proposed establishment or assignment; and
(ii) a period of 90 days has elapsed after the date
on which such committees receive such notification.
(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] binding 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;]
(i) require and facilitate assignments and details of
personnel to national intelligence centers, and between
elements of the intelligence community over the course
of the careers of such personnel;
(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]
(v) require service in more than one element of the
intelligence community as a condition of promotion to
such positions within the intelligence community as the
Director shall specify, and take requisite steps to
ensure compliance among elements of the intelligence
community; 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) The Director of National Intelligence shall--
(A) conduct assessments and audits of the compliance
of each element of the intelligence community with
minimum insider threat policy;
(B) receive information from each element of the
intelligence community regarding the collection,
sharing, and use by such element of audit and
monitoring data for insider threat detection across all
classified and unclassified information technology
systems within such element;
(C) provide guidance and oversight to Federal
departments and agencies to fully implement automated
records checks, consistent with personnel vetting
reforms and the Trusted Workforce 2.0 initiative, or
successor initiative, and ensure that information
collected pursuant to such records checks is
appropriately shared in support of intelligence
community-wide insider threat initiatives;
(D) carry out evaluations of the effectiveness of
counterintelligence, security, and insider threat
program activities of each element of the intelligence
community, including with respect to the lowest
organizational unit of each such element, that include
an identification of any gaps, shortfalls, or resource
needs of each such element;
(E) identify gaps, shortfalls, resources needs, and
recommendations for adjustments in allocations and
additional resources and other remedies to strengthen
counterintelligence, security, and insider threat
detection programs;
(F) pursuant to final damage assessments facilitated
by the National Counterintelligence and Security Center
that have been undertaken as a result of an
unauthorized disclosure, determine whether the heads of
the elements of the intelligence community implement
recommended mitigation, and notify the congressional
intelligence committees of such determinations; and
(G) study the data collected during the course of
background investigations and adjudications for
security clearances granted to individuals who
subsequently commit unauthorized disclosures, and issue
findings regarding the quality of such data as a
predictor for insider threat activity, delineated by
the severity of the unauthorized disclosure.
[(8)] (9) The Director of National Intelligence shall ensure
there is established a policy for minimum insider threat
standards for the intelligence community and ensure compliance
by the elements of the intelligence community with that policy.
[(9)] (10) The Director of National Intelligence shall
perform such other intelligence-related functions as the
President may direct.
[(10)] (11) 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 require sound analytic methods and
tradecraft, independent of political
considerations, 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 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 protect, and 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 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)(A) 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.
(B) Nothing in this paragraph shall be construed to alter any
congressional leadership's or congressional committee's
jurisdiction or access to information from any element of the
intelligence community under the rules of either chamber of
Congress.
(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.
(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.
[(5)] (6) Other transaction authority.--
(A) In general.--In addition to other acquisition
authorities, the Director of National Intelligence may
exercise the acquisition authorities referred to in
sections 4021 and 4022 of title 10, United States Code,
subject to the provisions of this paragraph.
(B) Delegation.--(i) The Director shall delegate the
authorities provided by subparagraph (A) to the heads
of elements of the intelligence community.
(ii) The heads of elements of the intelligence
community shall, to the maximum extent practicable,
delegate the authority delegated under clause (i) to
the official of the respective element of the
intelligence community responsible for decisions with
respect to basic, applied, or advanced research
activities or the adoption of such activities within
such element.
(C) Intelligence community authority.--(i) For
purposes of this paragraph, the limitation in section
4022(a)(1) of title 10, United States Code, shall not
apply to elements of the intelligence community.
(ii) Subject to section 4022(a)(2) of such title, the
Director may enter into transactions and agreements
(other than contracts, cooperative agreements, and
grants) of amounts not to exceed $75,000,000 under this
paragraph to carry out basic, applied, and advanced
research projects and prototype projects in support of
intelligence activities.
(iii) For purposes of this paragraph, the limitations
specified in section 4022(a)(2) of such title shall
apply to the intelligence community in lieu of the
Department of Defense, and the Director shall--
(I) identify appropriate officials who can
make the determinations required in
subparagraph (B)(i) of such section for the
intelligence community; and
(II) brief the congressional intelligence
committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives
in lieu of the congressional defense
committees, as specified in subparagraph
(B)(ii) of such section.
(iv) For purposes of this paragraph, the limitation
in section 4022(a)(3) of such title shall not apply to
elements of the intelligence community.
(v) In carrying out this paragraph, section
4022(d)(1) of such title shall be applied by
substituting ``Director of National Intelligence'' for
``Secretary of Defense''.
(vi) For purposes of this paragraph, the limitations
in section 4022(d)(2) of such title shall not apply to
elements of the intelligence community.
(vii) In addition to the follow-on production
contract criteria in section 4022(f)(2) of such title,
the following additional criteria shall apply:
(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
ongoing feedback to participants to the follow-
on production contract.
(III) In the case of a proposed production
product that is software, there are mechanisms
in place to promote the interoperability and
accessibility with and between Government and
commercial software providers, including by the
promotion of open application programming
interfaces and requirement of appropriate
software documentation.
(IV) The award follows a documented market
analysis as mandated by the Federal Acquisition
Regulations surveying available and comparable
products.
(V) 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)--
(aa) the participants provide the
most up-to-date version of the product
that is available in the commercial
marketplace and is consistent with
security requirements;
(bb) there are mechanisms in place
for the participants to provide timely
updates to the production product; and
(cc) the authority specified in
section 4022(f)(5) of such title shall
be exercised by the Director in lieu of
the Secretary of Defense.
(D) Implementation policy.--The Director, in
consultation with the heads of the elements of the
intelligence community, shall--
(i) not later than 180 days after the date of
the enactment of the Intelligence Authorization
Act for Fiscal Year 2023, establish and
implement an intelligence community-wide policy
prescribing the use and limitations of the
authority under this paragraph, particularly
with respect to the application of
subparagraphs (B) and (C);
(ii) periodically review and update the
policy established under clause (i); and
(iii) submit to the congressional
intelligence committees, the Committee on
Appropriations of the Senate, and the Committee
on Appropriations of the House of
Representatives the policy when established
under clause (i) or updated under clause (ii).
(E) Annual report.--
(i) In general.--Not less frequently than
annually, the Director shall submit to the
congressional intelligence committees, the
Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of
Representatives a report detailing the use by
the intelligence community of the authority
provided by this paragraph.
(ii) Elements.--
(I) Required elements.--Each report
required by clause (i) shall detail the
following:
(aa) The number of
transactions.
(bb) The participants to such
transactions.
(cc) The purpose of the
transaction.
(dd) The amount of each
transaction.
(ee) Concerns with the
efficiency of the policy.
(ff) Any recommendations for
how to improve the process.
(II) Other elements.--Each report
required by clause (i) may describe
such transactions which have been
awarded follow-on production contracts
either pursuant to the authority
provided by this paragraph or another
acquisition authority available to the
intelligence community.
(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] March 1 of each year, the
President, acting through the Director of National
Intelligence, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives a 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
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;
(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.
office of the director of national intelligence
Sec. 103. (a) Office of Director of National Intelligence.--
There is an Office of the Director of National Intelligence.
(b) Function.--The function of the Office of the Director of
National Intelligence is to assist the Director of National
Intelligence in carrying out the duties and responsibilities of
the Director under this Act and other applicable provisions of
law, and to carry out such other duties as may be prescribed by
the President or by law.
(c) Composition.--The Office of the Director of National
Intelligence is composed of the following:
(1) The Director of National Intelligence.
(2) The Principal Deputy Director of National
Intelligence.
(3) Any Deputy Director of National Intelligence
appointed under section 103A.
(4) The National Intelligence Council.
(5) The General Counsel.
(6) The Civil Liberties Protection Officer.
(7) The Director of Science and Technology.
(8) The Director of the National Counterintelligence
and Security Center.
(9) The Chief Information Officer of the Intelligence
Community.
(10) The Inspector General of the Intelligence
Community.
(11) The Director of the National Counterterrorism
Center.
(12) The Director of the National Counter
Proliferation Center.
(13) The Chief Financial Officer of the Intelligence
Community.
[(14) Such other offices and officials as may be
established by law or the Director may establish or
designate in the Office, including national
intelligence centers.]
(14) Such other offices and officials as may be
established by law or the Director may establish or
designate in the Office, including national
intelligence centers (consistent with the notification
requirement under section 102A(f)(2)(B)).
(d) Staff.--(1) To assist the Director of National
Intelligence in fulfilling the duties and responsibilities of
the Director, the Director shall employ and utilize in the
Office of the Director of National Intelligence a professional
staff having an expertise in matters relating to such duties
and responsibilities, and may establish permanent positions and
appropriate rates of pay with respect to that staff.
(2) The staff of the Office of the Director of National
Intelligence under paragraph (1) shall include the staff of the
Office of the Deputy Director of Central Intelligence for
Community Management that is transferred to the Office of the
Director of National Intelligence under section 1091 of the
National Security Intelligence Reform Act of 2004.
(e) Temporary Filling of Vacancies.--With respect to filling
temporarily a vacancy in an office within the Office of the
Director of National Intelligence (other than that of the
Director of National Intelligence), section 3345(a)(3) of title
5, United States Code, may be applied--
(1) in the matter preceding subparagraph (A), by
substituting ``an element of the intelligence
community, as that term is defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C.
401a(4)),'' for ``such Executive agency''; and
(2) in subparagraph (A), by substituting ``the
intelligence community'' for ``such agency''.
(f) Location of the Office of the Director of National
Intelligence.--The headquarters of the Office of the Director
of National Intelligence may be located in the Washington
metropolitan region, as that term is defined in section 8301 of
title 40, United States Code.
* * * * * * *
chief information officer
Sec. 103G. (a) Chief Information Officer.--To assist the
Director of National Intelligence in carrying out the
responsibilities of the Director under this Act and other
applicable provisions of law, there shall be within the Office
of the Director of National Intelligence a Chief Information
Officer of the Intelligence Community who shall be appointed by
the Director. The Chief Information Officer shall report
directly to the Director of National Intelligence.
(b) Duties and Responsibilities.--Subject to the direction of
the Director of National Intelligence, the Chief Information
Officer of the Intelligence Community shall--
(1) manage activities relating to the information
technology infrastructure and enterprise architecture
requirements of the intelligence community;
(2) have procurement approval authority over all
information technology items related to the enterprise
architectures of all intelligence community components;
(3) direct and manage all information technology-
related procurement for the intelligence community; and
(4) ensure that all expenditures for information
technology and research and development activities are
consistent with the intelligence community enterprise
architecture and the strategy of the Director for such
architecture.
(c) Prohibition on Simultaneous Service as Other Chief
Information Officer.--An individual serving in the position of
Chief Information Officer of the Intelligence Community may
not, while so serving, serve as the chief information officer
of any other department or agency, or component thereof, of the
United States Government.
(d) Prohibition on Simultaneous Service as Chief Data Officer
and Chief Information Officer.--An individual serving in the
position of Chief Information Officer of the Intelligence
Community or chief information officer of any other element of
the intelligence community, as the case may be, may not, while
so serving, serve as the Intelligence Community Chief Data
Officer under section 103K or as the chief data officer of any
other element of the intelligence community.
* * * * * * *
SEC. 103K. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
(a) Intelligence community chief data officer.--There is an
Intelligence Community Chief Data Officer within the Office of
the Director of National Intelligence who shall be appointed by
the Director of National Intelligence.
(b) Requirement relating to appointment.--An individual
appointed as the Intelligence Community Chief Data Officer
shall have a professional background and experience appropriate
for the duties of the Intelligence Community Chief Data
Officer. In making such appointment, the Director of National
Intelligence may give preference to an individual with
experience outside of the United States Government.
(c) Duties.--The Intelligence Community Chief Data Officer
shall--
(1) act as the chief representative of the Director
of National Intelligence for data issues within the
intelligence community;
(2) coordinate, to the extent practicable and
advisable, with the Chief Data Officer of the
Department of Defense to ensure consistent data
policies, standards, and procedures between the
intelligence community and the Department of Defense;
(3) assist the Director of National Intelligence
regarding data elements of the budget of the Office of
the Director of National Intelligence; and
(4) perform other such duties relating to data as may
be prescribed by the Director of National Intelligence
or specified in law.
SEC. 103L. INTELLIGENCE COMMUNITY INNOVATION UNIT.
(a) Establishment.--The Director of National Intelligence
shall establish within the Office of the Director of National
Intelligence a unit to be known as the ``Intelligence Community
Innovation Unit'' (in this section referred to as the
``Unit'').
(b) Duties.--The duties of the Unit shall be as follows:
(1) To identify and evaluate commercial emerging
technologies for potential adoption by the intelligence
community to fulfill critical mission needs.
(2) To assist the heads of the elements of the
intelligence community in identifying commercial
emerging technologies and associated capabilities to
address critical mission needs of that element.
(3) To provide to the heads of the elements of the
intelligence community seeking to field commercial
emerging technologies technical expertise with respect
to such technologies.
(4) To manage the prototyping program under
subsection (e).
(5) To facilitate the transition of potential
solutions to critical mission needs of the intelligence
community from research and prototype projects to
production.
(6) To serve as a liaison between the intelligence
community and the private sector (with a focus on
small- and medium-sized companies and other
organizations that do not have significant experience
engaging with the intelligence community) to fulfill
the duties listed in paragraphs (1) through (5), in
coordination with the head of the Office of Engagement
established under section 122.
(c) Director of Unit.--
(1) Appointment; reporting.--The head of the Unit is
the Director of the Intelligence Community Innovation
Unit, who shall be appointed by the Director of
National Intelligence and shall report directly to the
Director of National Intelligence.
(2) Qualifications.--In selecting an individual for
appointment as the Director of the Intelligence
Community Innovation Unit, the Director of National
Intelligence shall give preference to individuals who
the Director of National Intelligence determines have--
(A) significant relevant experience involving
commercial emerging technology within the
private sector; and
(B) a demonstrated history of fostering the
adoption of commercial emerging technologies by
the United States Government or the private
sector.
(d) Staff.--
(1) In general.--In addition to the Director of the
Intelligence Community Innovation Unit, the Unit shall
be composed of not more than 50 full-time equivalent
positions.
(2) Staff with certain expertise.--The Director of
National Intelligence shall ensure that there is a
sufficient number of staff of the Unit, as determined
by the Director, with expertise in--
(A) other transaction authorities and
nontraditional and rapid acquisition pathways
for emerging technology;
(B) engaging and evaluating small- and
medium-sized emerging technology companies;
(C) the mission needs of the intelligence
community; and
(D) any other skills or experiences the
Director determines necessary.
(3) Special hiring and retention authorities.--
(A) In general.--The Director of National
Intelligence shall take such steps as may be
necessary to incentivize the hiring and
retention of staff of the Unit.
(B) Special pay.--In establishing the rates
of pay for the positions specified in paragraph
(1), and to the extent practicable, the
Director of National Intelligence may use the
special pay authority under section 113B.
(4) Authority relating to detailees.--Upon request of
the Unit, each head of an element of the intelligence
community may detail to the Unit any of the personnel
of that element to assist in carrying out the duties
under subsection (b) on a reimbursable or a
nonreimbursable basis.
(e) Prototyping Program.--The Director of the Intelligence
Community Innovation Unit shall establish a program to
transition research and prototype projects to products in a
production stage for the purpose of fulfilling critical mission
needs of the intelligence community (in this subsection
referred to as the ``program''), including by designating
projects as Emerging Technology Transition Projects under
section 6713 of the Intelligence Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 50 U.S.C. 3024 note; 136 Stat.
3568).
(f) Encouragement of Use by Elements.--The Director of
National Intelligence shall take such steps as may be necessary
to encourage the use of the Unit by the heads of the other
elements of the intelligence community.
(g) Emerging Technology Defined.--In this section, the term
``emerging technology'' has the meaning given that term in
section 6701 of the Intelligence Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 50 U.S.C. 3024 note; 136 Stat.
3561).
* * * * * * *
SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY, ENGINEERING,
OR MATHEMATICS POSITIONS AND POSITIONS REQUIRING
BANKING OR FINANCIAL SERVICES EXPERTISE.
(a) Special Rates of Pay for Positions Requiring Expertise in
Science, Technology, Engineering, or Mathematics or in Banking
or Financial Services.--
(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 or in
banking or financial services (including expertise
relating to critical financial infrastructure
operations, capital markets, banking compliance
programs, or international investments)--
(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) Limitation on number of recipients.--For each
element of the intelligence community, the number of
individuals serving in a position in such element who
receive a higher rate of pay established or increased
under paragraph (1) may not, at any time during a given
fiscal year, exceed 50 individuals or 5 percent of the
total number of full-time equivalent positions
authorized for such element for the preceding fiscal
year, whichever is greater.
[(2)] (3) 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 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 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] an 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.
* * * * * * *
national intelligence centers
Sec. 119B. [(a) Authority To Establish.--The Director of
National Intelligence may establish one or more national
intelligence centers to address intelligence priorities,
including, but not limited to, regional issues.]
(a) Authority to Establish.--The Director of National
Intelligence may establish, consistent with the notification
requirement under section 102A(f)(2)(B), one or more national
intelligence centers to address intelligence priorities,
including regional issues.
(b) Resources of Directors of Centers.--(1) The Director of
National Intelligence shall ensure that the head of each
national intelligence center under subsection (a) has
appropriate authority, direction, and control of such center,
and of the personnel assigned to such center, to carry out the
assigned mission of such center.
(2) The Director of National Intelligence shall ensure that
each national intelligence center has appropriate personnel to
accomplish effectively the mission of such center.
(c) Information Sharing.--The Director of National
Intelligence shall, to the extent appropriate and practicable,
ensure that each national intelligence center under subsection
(a) and the other elements of the intelligence community share
information in order to facilitate the mission of such center.
(d) Mission of Centers.--Pursuant to the direction of the
Director of National Intelligence, each national intelligence
center under subsection (a) may, in the area of intelligence
responsibility assigned to such center--
(1) have primary responsibility for providing all-
source analysis of intelligence based upon intelligence
gathered both domestically and abroad;
(2) have primary responsibility for identifying and
proposing to the Director of National Intelligence
intelligence collection and analysis and production
requirements; and
(3) perform such other duties as the Director of
National Intelligence shall specify.
(e) Review and Modification of Centers.--The Director of
National Intelligence shall determine on a regular basis
whether--
(1) the area of intelligence responsibility assigned
to each national intelligence center under subsection
(a) continues to meet appropriate intelligence
priorities; and
(2) the staffing and management of such center
remains appropriate for the accomplishment of the
mission of such center.
(f) Termination.--The Director of National Intelligence may
terminate any national intelligence center under subsection
(a).
(g) Separate Budget Account.--The Director of National
Intelligence shall, as appropriate, include in the National
Intelligence Program budget a separate line item for each
national intelligence center under subsection (a).
* * * * * * *
[SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL.
[(a) Establishment.--The Director of National Intelligence
shall establish a Climate Security Advisory Council for the
purpose of--
[(1) assisting intelligence analysts of various
elements of the intelligence community with respect to
analysis of climate security and its impact on the
areas of focus of such analysts;
[(2) facilitating coordination between the elements
of the intelligence community and elements of the
Federal Government that are not elements of the
intelligence community in collecting data on, and
conducting analysis of, climate change and climate
security; and
[(3) ensuring that the intelligence community is
adequately prioritizing climate change in carrying out
its activities.
[(b) Composition of Council.--
[(1) Members.--The Council shall be composed of the
following individuals appointed by the Director of
National Intelligence:
[(A) An appropriate official from the
National Intelligence Council, who shall chair
the Council.
[(B) The lead official with respect to
climate and environmental security analysis
from--
[(i) the Central Intelligence Agency;
[(ii) the Bureau of Intelligence and
Research of the Department of State;
[(iii) the National Geospatial-
Intelligence Agency;
[(iv) the Office of Intelligence and
Counterintelligence of the Department
of Energy;
[(v) the Office of the Under
Secretary of Defense for Intelligence
and Security; and
[(vi) the Defense Intelligence
Agency.
[(C) Three appropriate officials from
elements of the Federal Government that are not
elements of the intelligence community that are
responsible for--
[(i) providing decision makers with a
predictive understanding of the
climate;
[(ii) making observations of our
Earth system that can be used by the
public, policymakers, and to support
strategic decisions; or
[(iii) coordinating Federal research
and investments in understanding the
forces shaping the global environment,
both human and natural, and their
impacts on society.
[(D) Any other officials as the Director of
National Intelligence or the chair of the
Council may determine appropriate.
[(2) Responsibilities of chair.--The chair of the
Council shall have responsibility for--
[(A) identifying agencies to supply
individuals from elements of the Federal
Government that are not elements of the
intelligence community;
[(B) securing the permission of the relevant
agency heads for the participation of such
individuals on the Council; and
[(C) any other duties that the Director of
National Intelligence may direct.
[(c) Duties and Responsibilities of Council.--The Council
shall carry out the following duties and responsibilities:
[(1) To meet at least quarterly to--
[(A) exchange appropriate data between
elements of the intelligence community and
elements of the Federal Government that are not
elements of the intelligence community;
[(B) discuss processes for the routine
exchange of such data and implementation of
such processes; and
[(C) prepare summaries of the business
conducted at each meeting.
[(2) To assess and determine best practices with
respect to the analysis of climate security, including
identifying publicly available information and
intelligence acquired through clandestine means that
enables such analysis.
[(3) To assess and identify best practices with
respect to prior efforts of the intelligence community
to analyze climate security.
[(4) To assess and describe best practices for
identifying and disseminating climate intelligence
indications and warnings.
[(5) To recommend methods of incorporating analysis
of climate security and the best practices identified
under paragraphs (2) through (4) into existing analytic
training programs.
[(6) To consult, as appropriate, with other elements
of the intelligence community that conduct analysis of
climate change or climate security and elements of the
Federal Government that are not elements of the
intelligence community that conduct analysis of climate
change or climate security, for the purpose of sharing
information about ongoing efforts and avoiding
duplication of existing efforts.
[(7) To work with elements of the intelligence
community that conduct analysis of climate change or
climate security and elements of the Federal Government
that are not elements of the intelligence community
that conduct analysis of climate change or climate
security--
[(A) to exchange appropriate data between
such elements, establish processes, procedures
and practices for the routine exchange of such
data, discuss the implementation of such
processes; and
[(B) to enable and facilitate the sharing of
findings and analysis between such elements.
[(8) To assess whether the elements of the
intelligence community that conduct analysis of climate
change or climate security may inform the research
direction of academic work and the sponsored work of
the United States Government.
[(9) At the discretion of the chair of the Council,
to convene conferences of analysts and nonintelligence
community personnel working on climate change or
climate security on subjects that the chair shall
direct.
[(d) Annual Report.--
[(1) Requirement.--Not later than January 31, 2021,
and not less frequently than annually thereafter, the
chair of the Council shall submit, on behalf of the
Council, to the congressional intelligence committees a
report describing the activities of the Council as
described in subsection (c) during the year preceding
the year during which the report is submitted.
[(2) Matters included.--Each report under paragraph
(1) shall include a description of any obstacles or
gaps relating to--
[(A) the Council fulfilling its duties and
responsibilities under subsection (c); or
[(B) the responsiveness of the intelligence
community to the climate security needs and
priorities of the policymaking elements of the
Federal Government.
[(e) Sunset.--The Council shall terminate on December 31,
2025.
[(f) Definitions.--In this section:
[(1) Climate security.--The term ``climate security''
means the effects of climate change on the following:
[(A) The national security of the United
States, including national security
infrastructure.
[(B) Subnational, national, and regional
political stability.
[(C) The security of allies and partners of
the United States.
[(D) Ongoing or potential political violence,
including unrest, rioting, guerrilla warfare,
insurgency, terrorism, rebellion, revolution,
civil war, and interstate war.
[(2) Climate intelligence indications and warnings.--
The term ``climate intelligence indications and
warnings'' means developments relating to climate
security with the potential to--
[(A) imminently and substantially alter the
political stability or degree of human security
in a country or region; or
[(B) imminently and substantially threaten--
[(i) the national security of the
United States;
[(ii) the military, political, or
economic interests of allies and
partners of the United States; or
[(iii) citizens of the United States
abroad.]
* * * * * * *
SEC. 122. OFFICE OF ENGAGEMENT.
(a) Establishment.--There is within the Office of the
Director of National Intelligence an Office of Engagement (in
this section referred to as the ``Office'').
(b) Head; Staff.--
(1) Head.--The Director of National Intelligence
shall appoint as head of the Office an individual with
requisite experience in matters relating to the duties
of the Office, as determined by the Director of
National Intelligence. Such head of the Office shall
report directly to the Director of National
Intelligence.
(2) Staff.--To assist the head of the Office in
fulfilling the duties of the Office, the head shall
employ full-time equivalent staff in such number, and
with such requisite expertise in matters relating to
such duties, as may be determined by the head.
(c) Duties.--The duties of the Office shall be as follows:
(1) To coordinate and facilitate across the elements
of the intelligence community efforts regarding
outreach, relationship development, and associated
knowledge and relationship management, with covered
entities.
(2) To assist in sharing best practices regarding
such efforts among the elements of the intelligence
community.
(3) To establish and implement metrics to assess the
effectiveness of such efforts.
(d) Covered Entity Defined.--In this section, the term
``covered entity'' means an entity that is not an entity of the
United States Government, including private sector companies,
institutions of higher education, trade associations, think
tanks, laboratories, international organizations, and foreign
partners and allies.
* * * * * * *
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
presidential approval and reporting of covert actions
Sec. 503. (a) The President may not authorize the conduct of
a covert action by departments, agencies, or entities of the
United States Government unless the President determines such
an action is necessary to support identifiable foreign policy
objectives of the United States and is important to the
national security of the United States, which determination
shall be set forth in a finding that shall meet each of the
following conditions:
(1) Each finding shall be in writing, unless
immediate action by the United States is required and
time does not permit the preparation of a written
finding, in which case a written record of the
President's decision shall be contemporaneously made
and shall be reduced to a written finding as soon as
possible but in no event more than 48 hours after the
decision is made.
(2) Except as permitted by paragraph (1), a finding
may not authorize or sanction a covert action, or any
aspect of any such action, which already has occurred.
(3) Each finding shall specify each department,
agency, or entity of the United States Government
authorized to fund or otherwise participate in any
significant way in such action. Any employee,
contractor, or contract agent of a department, agency,
or entity of the United States Government other than
the Central Intelligence Agency directed to participate
in any way in a covert action shall be subject either
to the policies and regulations of the Central
Intelligence Agency, or to written policies or
regulations adopted by such department, agency, or
entity, to govern such participation.
(4) Each finding shall specify whether it is
contemplated that any third party which is not an
element of, or a contractor or contract agent of, the
United States Government, or is not otherwise subject
to United States Government policies and regulations,
will be used to fund or otherwise participate in any
significant way in the covert action concerned, or be
used to undertake the covert action concerned on behalf
of the United States.
(5) A finding may not authorize any action that would
violate the Constitution or any statute of the United
States.
(b) To the extent consistent with due regard for the
protection from unauthorized disclosure of classified
information relating to sensitive intelligence sources and
methods or other exceptionally sensitive matters, the Director
of National Intelligence and the heads of all departments,
agencies, and entities of the United States Government involved
in a covert action--
(1) shall keep the congressional intelligence
committees fully and currently informed of all covert
actions which are the responsibility of, are engaged in
by, or are carried out for or on behalf of, any
department, agency, or entity of the United States
Government, including significant failures; and
(2) shall furnish to the congressional intelligence
committees any information or material concerning
covert actions (including the legal basis under which
the covert action is being or was conducted) which is
in the possession, custody, or control of any
department, agency, or entity of the United States
Government and which is requested by either of the
congressional intelligence committees in order to carry
out its authorized responsibilities.
(c)(1) The President shall ensure that any finding approved
pursuant to subsection (a) shall be reported in writing to the
congressional intelligence committees as soon as possible after
such approval and before the initiation of the covert action
authorized by the finding, except as otherwise provided in
paragraph (2) and paragraph (3).
(2) If the President determines that it is essential to limit
access to the finding to meet extraordinary circumstances
affecting vital interests of the United States, the finding may
be reported to the chairmen and ranking minority members of the
congressional intelligence committees, the Speaker and minority
leader of the House of Representatives, the majority and
minority leaders of the Senate, and such other member or
members of the congressional leadership as may be included by
the President.
(3) Whenever a finding is not reported pursuant to paragraph
(1) or (2) of this [section] subsection, the President shall
fully inform the congressional intelligence committees in a
timely fashion and shall provide a statement of the reasons for
not giving prior notice.
(4) In a case under paragraph (1), (2), or (3), a copy of the
finding, signed by the President, shall be provided to the
chairman of each congressional intelligence committee.
(5)(A) When access to a finding, or a notification provided
under subsection (d)(1), is limited to the Members of Congress
specified in paragraph (2), a written statement of the reasons
for limiting such access shall also be provided.
(B) Not later than 180 days after a statement of reasons is
submitted in accordance with subparagraph (A) or this
subparagraph, the President shall ensure that--
(i) all members of the congressional intelligence
committees are provided access to the finding or
notification; or
(ii) a statement of reasons that it is essential to
continue to limit access to such finding or such
notification to meet extraordinary circumstances
affecting vital interests of the United States is
submitted to the Members of Congress specified in
paragraph (2).
(d)(1) The President shall ensure that the congressional
intelligence committees, or, if applicable, the Members of
Congress specified in subsection (c)(2), are notified in
writing of any significant change in a previously approved
covert action, or any significant undertaking pursuant to a
previously approved finding, in the same manner as findings are
reported pursuant to subsection (c).
(2) In determining whether an activity constitutes a
significant undertaking for purposes of paragraph (1), the
President shall consider whether the activity--
(A) involves significant risk of loss of life;
(B) requires an expansion of existing authorities,
including authorities relating to research,
development, or operations;
(C) results in the expenditure of significant funds
or other resources;
(D) requires notification under section 504;
(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
(F) presents a reasonably foreseeable risk of serious
damage to the diplomatic relations of the United States
if such activity were disclosed without authorization.
(e) As used in this title, the term ``covert action'' means
an activity or activities of the United States Government to
influence political, economic, or military conditions abroad,
where it is intended that the role of the United States
Government will not be apparent or acknowledged publicly, but
does not include--
(1) activities the primary purpose of which is to
acquire intelligence, traditional counterintelligence
activities, traditional activities to improve or
maintain the operational security of United States
Government programs, or administrative activities;
(2) traditional diplomatic or military activities or
routine support to such activities;
(3) traditional law enforcement activities conducted
by United States Government law enforcement agencies or
routine support to such activities; or
(4) activities to provide routine support to the
overt activities (other than activities described in
paragraph (1), (2), or (3)) of other United States
Government agencies abroad.
(f) No covert action may be conducted which is intended to
influence United States political processes, public opinion,
policies, or media.
(g)(1) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1)
is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2),
the President shall notify all members of such committee that
such finding or such notification has been provided only to the
members specified in subsection (c)(2).
(2) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1)
is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2),
the President shall provide to all members of such committee a
general description regarding the finding or notification, as
applicable, consistent with the reasons for not yet fully
informing all members of such committee.
(3) The President shall maintain--
(A) a record of the members of Congress to whom a
finding is reported under subsection (c) or
notification is provided under subsection (d)(1) and
the date on which each member of Congress receives such
finding or notification; and
(B) each written statement provided under subsection
(c)(5).
(h) For each type of activity undertaken as part of a covert
action, the President shall establish in writing a plan to
respond to the unauthorized public disclosure of that type of
activity.
* * * * * * *
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 prepare and submit to the Director
of National Intelligence, the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives a 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. 516. NOTICE TO CONGRESS OF COUNTERINTELLIGENCE THREATS TO
LEGISLATIVE BRANCH AND LEGISLATIVE BRANCH
OFFICIALS.
(a) Notification, Briefings, and Preparation of Reports.--
Consistent with the protection of intelligence sources and
methods, the Director of National Intelligence and the Director
of the Federal Bureau of Investigation shall jointly--
(1) notify, in a timely manner, congressional
leadership of any counterintelligence threat to the
legislative branch or a legislative branch official;
(2) provide to legislative branch officials
determined appropriate by the Directors, including any
such official targeted or compromised by such a threat,
briefings on the defense against such threats; and
(3) prepare reports that include specific information
concerning such threats to the legislative branch or
legislative branch officials but exclude the
intelligence sources or methods by which such
information has been obtained, to facilitate the
increased distribution of specific information
concerning such threats.
(b) Defensive Priority.--In determining the appropriateness
of disseminating information on counterintelligence threats
(including information associated with a sensitive intelligence
matter or ongoing criminal investigation) or of providing a
briefing on the defense against such threats under subsection
(a), the Director of National Intelligence and the Director of
the Federal Bureau of Investigation shall seek to resolve such
determination in favor of the action most compatible with
enhancing the defense of the legislative branch against such
threats.
(c) Quarterly Reports.--
(1) Requirement.--On a quarterly basis, the Director
of National Intelligence shall submit to congressional
leadership a report on counterintelligence threats to
the legislative branch or legislative branch officials.
(2) Matters.--Each report under paragraph (1) shall
include, with respect to the quarterly period covered
by the report, the following:
(A) A description of any counterintelligence
threat to the legislative branch or a
legislative branch official (including the
identity of any such official) identified
during such period.
(B) An identification of each date on which
the intelligence community became aware of such
a threat.
(C) An identification of the number of
briefings provided under subsection (a)(2)
during such period, including an identification
of each date on which such a briefing occurred.
(D) An identification of the number of
reports prepared under subsection (a)(3) during
such period.
(d) Definitions.--In this section:
(1) Congressional leadership.--The term
``congressional leadership'' means--
(A) the Speaker of the House of
Representatives;
(B) the minority leader of the House of
Representatives;
(C) the majority leader of the Senate;
(D) the minority leader of the Senate;
(E) the Chairman and Ranking Member of the
Permanent Select Committee on Intelligence of
the House of Representatives; and
(F) the Chairman and Vice Chairman of the
Select Committee on Intelligence of the Senate.
(2) Legislative branch.--The term ``legislative
branch'' has the meaning given that term in section 202
of title 18, United States Code.
(3) Legislative branch official.--The term
``legislative branch official'' includes--
(A) a Member of Congress;
(B) an elected officer of either House of
Congress;
(C) any employee of, or any other individual
functioning in the capacity of an employee of--
(i) a Member of Congress;
(ii) a committee of either House of
Congress;
(iii) the leadership staff of the
House of Representatives or the
leadership staff of the Senate;
(iv) a joint committee of Congress;
or
(v) a working group or caucus
organized to provide legislative
services or other assistance to Members
of Congress; and
(D) any other legislative branch employee
serving in a position described under section
13101(13) of title 5, United States Code.
SEC. 517. CONGRESSIONAL NOTICE OF COUNTERINTELLIGENCE INVESTIGATIONS
INTO FEDERAL ELECTED OFFICIALS AND CANDIDATES IN
ELECTIONS FOR FEDERAL OFFICE.
(a) Notice Requirement.--Notwithstanding section 533 of title
28, United States Code, the delegation of the authorities of
the Attorney General, or any other delegation of authority,
direction, or policy of the executive branch, the Director of
Federal Bureau of Investigation shall notify congressional
leadership not later than 48 hours after the commencement of a
counterintelligence investigation into a person who holds an
elected Federal office or a candidate in an election for such
an office. Such notification shall include a summary of the
relevant facts associated with the counterintelligence
investigation and the identity of the person subject to such
investigation.
(b) Congressional Leadership.--The term ``congressional
leadership'' means--
(1) the Speaker of the House of Representatives;
(2) the minority leader of the House of
Representatives;
(3) the majority leader of the Senate;
(4) the minority leader of the Senate;
(5) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(6) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate.
SEC. 518. SUBMISSION OF LEGISLATIVE PROPOSALS.
Not later than 45 days after the date on which the President
submits to Congress the budget for each fiscal year pursuant to
section 1105(a) of title 31, United States Code, the Director
of National Intelligence shall submit to the congressional
intelligence committees any legislative provisions that are
proposed by the Director to be enacted as part of the annual
intelligence authorization bill for that fiscal year.
SEC. 519. TERMINATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Sunset.--Effective on December 31, 2025, each report
described in subsection (b) that is still required to be
submitted to Congress as of such date shall no longer be
required to be submitted to Congress.
(b) Reports Described.--Except as provided in subsection (c),
a report described in this subsection is a recurring report
that is required to be submitted to Congress by the Director of
National Intelligence, or by any officer, official, component,
or element of the Office of the Director of National
Intelligence, pursuant to--
(1) a provision of an annual intelligence
authorization Act for fiscal year 2021 or any prior
fiscal year;
(2) any amendment made by such an Act; or
(3) any committee report, classified annex, or
explanatory statement accompanying such an Act.
(c) Exceptions.--Subsection (a) shall not apply with respect
to any of the following:
(1) A reporting requirement imposed on all
departments and agencies of the Federal Government.
(2) A report required in conjunction with a provision
of law that requires a certification, determination or
comparable finding, or authorizing waiver with respect
to a condition, limitation, or comparable restriction.
(3) A recurring report required by a provision of law
that specifies when the requirement to submit the
report terminates.
(4) An annual report required by section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b).
(5) A report required to be submitted by an
individual or entity other than an individual referred
to in subsection (b) that requires consultation or
coordination with an individual described in subsection
(b).
(d) Report to Congress.--Not later than February 1, 2024, the
Director of National Intelligence shall submit to the
congressional intelligence committees a report that includes--
(1) a list of all reports that the Director
determines are described in subsection (b) and not
subject to an exception under subsection (c); and
(2) for each report included on such list, a citation
to the provision of law under which the report is
required to be submitted.
* * * * * * *
TITLE VIII--ACCESS TO CLASSIFIED INFORMATION
* * * * * * *
definitions
Sec. 805. For purposes of this title--
(1) the term ``authorized investigative agency''
means an agency authorized by law or regulation to
conduct a counterintelligence investigation or
investigations of persons who are proposed for access
to classified information to ascertain whether such
persons satisfy the criteria for obtaining and
retaining access to such information;
(2) the term ``classified information'' means any
information that has been determined pursuant to
Executive Order No. 12356 of April 2, 1982, or
successor orders, or the Atomic Energy Act of 1954, to
require protection against unauthorized disclosure and
that is so designated;
(3) the term ``consumer reporting agency'' has the
meaning given such term in section 603 of the Consumer
Credit Protection Act (15 U.S.C. 1681a);
(4) the term ``employee'' includes any person who
receives a salary or compensation of any kind from the
United States Government, is a contractor of the United
States Government or an employee thereof, is an unpaid
consultant of the United States Government, or
otherwise acts for or on behalf of the United States
Government, except as otherwise determined by the
President;
(5) the terms ``financial agency'' and ``financial
institution'' have the meanings given to such terms in
section 5312(a) of title 31, United States Code, and
the term ``holding company'' has the meaning given to
such term in section 1101(6) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3401);
(6) the terms ``foreign power'' and ``agent of a
foreign power'' have the same meanings as set forth in
[sections 101 (a) and (b)] subsections (a) and (b) of
section 101, respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801);
(7) the term ``State'' means each of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau, and any other possession of
the United States; and
(8) the term ``computer'' means any electronic,
magnetic, optical, electrochemical, or other high speed
data processing device performing logical, arithmetic,
or storage functions, and includes any data storage
facility or communications facility directly related to
or operating in conjunction with such device and any
data or other information stored or contained in such
device.
* * * * * * *
TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN COMMERCIAL
SPYWARE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Select Committee on Intelligence, the
Committee on Foreign Relations, the Committee
on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on
the Judiciary, the Committee on Appropriations,
and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on
Intelligence, the Committee on Foreign Affairs,
the Committee on Armed Services, the Committee
on Financial Services, the Committee on the
Judiciary, the Committee on Appropriations, the
Committee on Homeland Security, and the
Committee on Oversight and Reform of the House
of Representatives.
(2) Covered entity.--The term ``covered entity''
means any foreign company that either directly or
indirectly develops, maintains, owns, operates,
brokers, markets, sells, leases, licenses, or otherwise
makes available spyware.
(3) Foreign commercial spyware.--The term ``foreign
commercial spyware'' means spyware that is developed
(solely or in partnership with a foreign company),
maintained, sold, leased, licensed, marketed, sourced
(in whole or in part), or otherwise provided, either
directly or indirectly, by a foreign company.
(4) Foreign company.--The term ``foreign company''
means a company that is incorporated or domiciled
outside of the United States, including any
subsidiaries or affiliates wherever such subsidiaries
or affiliates are domiciled or incorporated.
(5) Spyware.--The term ``spyware'' means a tool or
set of tools that operate as an end-to-end system of
software to provide an unauthorized user remote access
to information stored on or transiting through an
electronic device connected to the Internet and not
owned or operated by the unauthorized user, including
end-to-end systems that--
(A) allow an unauthorized user to remotely
infect electronic devices with malicious
software, including without any action required
by the user of the device;
(B) can record telecommunications or other
audio captured on a device not owned by the
unauthorized user;
(C) undertake geolocation, collect cell site
location information, or otherwise track the
location of a device or person using the
internal sensors of an electronic device not
owned by the unauthorized user;
(D) allow an unauthorized user access to and
the ability to retrieve information on the
electronic device, including text messages,
files, e-mails, transcripts of chats, contacts,
photos, and browsing history; or
(E) any additional criteria described in
publicly available documents published by the
Director of National Intelligence, such as
whether the end-to-end system is used outside
the context of a codified lawful intercept
system.
(b) Annual Assessments of Counterintelligence Threats.--
(1) Requirement.--Not later than 90 days after the
enactment of the Intelligence Authorization Act for
Fiscal Year 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 appropriate congressional committees a
report with an accompanying classified annex 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 covered
entities.
(B) A description of the foreign commercial
spyware marketed by the covered entities
identified under subparagraph (A) and an
assessment by the intelligence community of the
foreign commercial spyware.
(C) An assessment of the counterintelligence
risk to the intelligence community or personnel
of the intelligence community posed by foreign
commercial spyware.
(D) For each covered entity identified in
subparagraph (A), details of any subsidiaries,
resellers, or other agents acting on behalf of
the covered entity.
(E) Details of where each covered entity
identified under subparagraphs (A) and (D) is
domiciled.
(F) A description of how each covered entity
identified under subparagraphs (A) and (D) is
financed, where the covered entity acquired its
capital, and the organizations and individuals
having substantial investments or other
equities in the covered entity.
(G) An assessment by the intelligence
community of any relationship between each
covered entity identified in subparagraphs (A)
and (D) and any foreign government, including
any export controls and processes to which the
covered entity is subject.
(H) A list of the foreign customers of each
covered entity identified in subparagraphs (A)
and (D), including the understanding by the
intelligence community of the organizations and
end-users within any foreign government.
(I) With respect to each foreign customer
identified under subparagraph (H), an
assessment by the intelligence community
regarding how the foreign customer is using the
spyware, including whether the foreign customer
has targeted personnel of the intelligence
community.
(J) With respect to the first report required
under paragraph (1), a mitigation plan to
reduce the exposure of personnel of the
intelligence community to foreign commercial
spyware.
(K) With respect to each report following the
first report required under paragraph (1),
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) Classified annex.--In submitting the report under
[subsection (2)] paragraph (1), the Director shall also
include an accompanying but separate classified annex,
providing a watchlist 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.
(4) Form.--Each report under paragraph (1) shall be
submitted in classified form.
(5) Dissemination.--The Director of National
Intelligence shall separately distribute each report
under paragraph (1) and each annex under paragraph (3)
to the President, the heads of all elements of the
intelligence community, the Secretary of State, the
Attorney General, the Secretary of Commerce, the
Secretary of Homeland Security, the National Cyber
Director, and the heads of any other departments or
agencies the Director of National Intelligence
determines appropriate.
(c) Authority to Prohibit Purchase or Use by Intelligence
Community.--
(1) Foreign commercial spyware.--
(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.
(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
foreign commercial spyware;
(ii) the assessment of the
intelligence community of whether the
foreign commercial spyware has been
used to target United States Government
personnel.
(iii) whether the original owner or
developer retains any of the physical
property or intellectual property
associated with the foreign commercial
spyware;
(iv) whether the original owner or
developer has verifiably destroyed all
copies of the data collected by or
associated with the foreign commercial
spyware;
(v) whether the personnel of the
original owner or developer retain any
access to data collected by or
associated with the foreign commercial
spyware;
(vi) whether the use of the foreign
commercial spyware requires the user to
connect to an information system of the
original owner or developer or
information system of a foreign
government; and
(vii) whether the foreign commercial
spyware poses a counterintelligence
risk to the United States or any other
threat to the national security of the
United States.
(2) 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 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), the Director of National
Intelligence shall consider--
(i) whether the original owner or
developer of the foreign commercial
spyware retains any of the physical
property or intellectual property
associated with the spyware;
(ii) whether the original owner or
developer of the foreign commercial
spyware has verifiably destroyed all
data, and any copies thereof, collected
by or associated with the spyware;
(iii) whether the personnel of the
original owner or developer of the
foreign commercial spyware retain any
access to data collected by or
associated with the foreign commercial
spyware;
(iv) whether the use of the foreign
commercial spyware requires the user to
connect to an information system of the
original owner or developer or
information system of a foreign
government; and
(v) whether the foreign commercial
spyware poses a counterintelligence
risk to the United States or any other
threat to the national security of the
United States.
(3) Notifications of prohibition.--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 of National
Intelligence 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.
(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) or (2).
(B) Director of national intelligence
determination.--The Director of National
Intelligence, upon receiving the waiver request
in subparagraph (A), may issue a waiver for a
period not to exceed one year in response to
the request from the head of an element of the
intelligence community if such waiver is in the
national security interest of the United
States.
(C) Notice.--Not later than 30 days after
approving a waiver request pursuant to
subparagraph (B), the Director of National
Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives a written notification. The
notification shall include--
(i) an identification of the head of
the element of the intelligence
community that requested the waiver;
(ii) the details of the waiver
request, including the national
security interests of the United
States;
(iii) the rationale and basis for the
determination that the waiver is in the
national security interests of the
United States;
(iv) the considerations that informed
the ultimate determination of the
Director of National Intelligence to
issue the [wavier] waiver; and
(v) and any other considerations
contributing to the determination, made
by the Director of National
Intelligence.
(D) Waiver termination.--The Director of
National Intelligence may revoke a previously
granted waiver at any time. Upon revocation of
a waiver, the Director of National Intelligence
shall submit a written notification to the
congressional intelligence committees, the
Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives
not later than 30 days after making a
revocation determination.
(5) Termination of prohibition.--The Director of
National Intelligence may terminate a prohibition made
under paragraph (1) or (2) at any time. Upon
termination of a prohibition, the Director of National
Intelligence shall submit a notification of the
termination to the congressional intelligence
committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives not
later than 30 days after terminating a prohibition,
detailing the basis for the termination, including any
United States national security interests that may be
affected by such termination.
* * * * * * *
SEC. 1105A. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OF CLASSIFIED NATIONAL
INTELLIGENCE.
(a) Notification and Damage Assessment Requirements.--
(1) Requirements.--If the Director of National
Intelligence becomes aware of an actual or potential
significant unauthorized disclosure of classified
national intelligence--
(A) as soon as practicable, but not later
than 7 days after the date on which the
Director becomes so aware, the Director shall
notify the congressional intelligence
committees of such actual or potential
disclosure; and
(B) in the case of an actual disclosure, not
later than 7 days after the date on which the
Director becomes so aware, the Director or the
head of any element of the intelligence
community from which the significant
unauthorized disclosure originated shall
initiate a damage assessment consistent with
the procedures set forth in Intelligence
Community Directive 732 (relating to the
conduct of damage assessments), or successor
directive, with respect to such disclosure.
(2) Contents of notification.--A notification
submitted to the congressional intelligence committees
under paragraph (1)(A) with respect to an actual or
potential significant unauthorized disclosure of
classified national intelligence shall include--
(A) a summary of the facts and circumstances
of such disclosure;
(B) a summary of the contents of the national
intelligence revealed or potentially revealed,
as the case may be, by such disclosure;
(C) an initial appraisal of the level of
actual or potential damage, as the case may be,
to the national security of the United States
as a result of such disclosure; and
(D) in the case of an actual disclosure,
which elements of the intelligence community
will be involved in the damage assessment
conducted with respect to such disclosure
pursuant to paragraph (1)(B).
(b) Damage Assessment Reporting Requirements.--
(1) Recurring reporting requirement.--Not later than
30 days after the date of the initiation of a damage
assessment pursuant to subsection (a)(1)(B), and every
90 days thereafter until the completion of the damage
assessment or upon the request of the congressional
intelligence committees, the Director of National
Intelligence shall--
(A) submit to the congressional intelligence
committees copies of any documents or materials
disclosed as a result of the significant
unauthorized disclosure of the classified
national intelligence that is the subject of
the damage assessment; and
(B) provide to the congressional intelligence
committees a briefing on such documents and
materials and a status of the damage
assessment.
(2) Final damage assessment.--As soon as practicable
after completing a damage assessment pursuant to
subsection (a)(1)(B), the Director of National
Intelligence shall submit the final damage assessment
to the congressional intelligence committees.
(c) Notification of Referral to Department of Justice.--If a
referral is made to the Department of Justice from any element
of the intelligence community regarding a significant
unauthorized disclosure of classified national intelligence
under this section, the Director of National Intelligence shall
notify the congressional intelligence committees of the
referral on the date such referral is made.
* * * * * * *
----------
HIGHER EDUCATION ACT OF 1965
* * * * * * *
TITLE I--GENERAL PROVISIONS
* * * * * * *
PART C--COST OF HIGHER EDUCATION
* * * * * * *
SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON
ACTIVE DUTY, SPOUSES, AND DEPENDENT CHILDREN.
(a) Requirement.--In the case of a member of the armed forces
who is on active duty for a period of more than 30 days and
whose domicile or permanent duty station is in a State that
receives assistance under this Act, such State shall not charge
such member (or the spouse or dependent child of such member)
tuition for attendance at a public institution of higher
education in the State at a rate that is greater than the rate
charged for residents of the State.
(b) Continuation.--If a member of the armed forces (or the
spouse or dependent child of a member) pays tuition at a public
institution of higher education in a State at a rate determined
by subsection (a), the provisions of subsection (a) shall
continue to apply to such member, spouse, or dependent while
continuously enrolled at that institution, notwithstanding a
subsequent change in the permanent duty station of the member
to a location outside the State.
(c) Effective Date.--This section shall take effect at each
public institution of higher education in a State that receives
assistance under this Act for the first period of enrollment at
such institution that begins after July 1, 2009.
[Note: Section 414(a) of H.R. 3932 (as reported) provides for
amendments to section 135(d) of the Higher Education Act of
1965, as amended by section 6206(a)(4) of division F of Public
Law 117-81, which are subject to a delayed effective date.
Subsection (b) of such section 414 of H.R. 3932 (as reported)
states: ``The amendments made by subsection (a) shall take
effect at each public institution of higher education in a
State that receives assistance under the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) for the first period of
enrollment at such institution that begins after July 1,
2024.''. Subsection (d) that follows reflects current law as of
the first period of enrollment after July 1, 2024 in order to
represent the proposed changes made by this bill (as
reported).]
(d) Definitions.--In this section, the term ``member of a
qualifying Federal service'' means--
(1) a member of the armed forces (as defined in
section 101 of title 10, United States Code) who is on
active duty for a period of more than 30 days (as
defined in section 101 of title 10, United States
Code); [or]
(2) a member of the Foreign Service (as defined in
section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3903)) who is on active duty for a period of
more than 30 days[.]; or
(3) an officer or employee of an element of the
intelligence community (as such term is defined in
section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) who serves in a position of employment in
such element for a period of more than 30 days.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
* * * * * * *
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2023''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
* * * * * * *
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
* * * * * * *
Subtitle D--Other Elements
* * * * * * *
[Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.]
* * * * * * *
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
* * * * * * *
SEC. 6309. ENFORCEMENT OF CYBERSECURITY REQUIREMENTS FOR NATIONAL
SECURITY SYSTEMS.
(a) Definitions.--In this section:
(1) Cybersecurity requirements for national security
systems.--The term ``cybersecurity requirements for
national security systems'' means the minimum
cybersecurity requirements established by the National
Manager, consistent with the direction of the President
and in consultation with the Director of National
Intelligence, that applies to all national security
systems operated by, on the behalf of, or administered
by the head of an element of the intelligence
community.
(2) National manager.--The term ``National Manager''
means the National Manager for National Security
Systems designated by the President.
(3) National security systems.--The term ``national
security systems'' includes--
(A) national security systems (as defined in
section 3552(b) of title 44, United States
Code); and
(B) information systems described in
paragraph (2) or (3) of section 3553(e) of such
title.
(b) Implementation Deadline.--The cybersecurity requirements
for national security systems shall include appropriate
deadlines by which all elements of the intelligence community
shall have fully implemented the requirements.
(c) Reevaluation and Updates.--Not less frequently than once
every 2 years, the National Manager shall reevaluate and update
the cybersecurity requirements for national security systems.
(d) Resources.--Each head of an element of the intelligence
community that owns or operates a national security system
shall update plans of the element to prioritize resources in
such a manner as to fully implement the cybersecurity
requirements for national security systems by the deadline
established pursuant to subsection (b) for the next 10 fiscal
years.
(e) Implementation Report.--Each head of an element of the
intelligence community that owns or operates a national
security system shall submit to the congressional intelligence
committees not later than 90 days after the date of the
enactment of this subsection a plan detailing the cost and
schedule requirements necessary to meet all of the
cybersecurity requirements for national security systems by the
end of fiscal year 2026.
[(e)] (f) Exemptions.--
(1) In general.--The head of an element of the
intelligence community may exempt a national security
system owned or operated by the element from the
cybersecurity requirements for national security
systems if done so in accordance with the procedures
established under paragraph (2).
(2) Exemption procedures.--The National Manager
shall, consistent with the direction of the President,
establish procedures that govern--
(A) the circumstances under which the head of
an element of the intelligence community may
exempt a national security system under
paragraph (1); and
(B) the process for implementing the
exemption.
(3) Annual reports on exemptions.--
(A) In general.--Each year, the National
Manager and the Director of National
Intelligence shall--
(i) submit to the congressional
intelligence committees an annual
report documenting all exemptions made
under paragraph (1) during the period
covered by the report, along with the
justifications for the exemptions; and
(ii) in the case of an exemption made
by the Assistant Secretary of State for
Intelligence and Research under such
paragraph, submit to the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the
House of Representatives a separate
report describing the exemption and the
justification for it.
(B) Manner.--Each report submitted under
subparagraph (A) shall be submitted with such
classification as the Director considers
appropriate and with due regard for the
protection of sensitive intelligence sources
and methods.
* * * * * * *
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
* * * * * * *
Subtitle C--Elements of the Defense Intelligence Enterprise
* * * * * * *
SEC. 6422. OVERSIGHT OF DEFENSE INTELLIGENCE AGENCY CULTURE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Armed Services of the
Senate;
(C) the Subcommittee on Defense of the
Committee on Appropriations of the Senate;
(D) the Committee on Armed Services of the
House of Representatives; and
(E) the Subcommittee on Defense of the
Committee on Appropriations of the House of
Representatives.
(2) Workforce climate survey.--The term ``workforce
climate survey''--
(A) 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
(B) does not include an exit survey specified
in subsection (c).
(b) Findings.--Congress finds that the Defense Intelligence
Agency has committed to improving Agency culture and
leadership; however, actions taken by the Agency as of the date
of the enactment of this Act have not enabled a full assessment
of the extent of workforce culture issues and potential
management abuses, and require additional [Congressional]
congressional oversight to ensure concerns are both understood
and addressed.
(c) 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 appropriate
committees of Congress 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.
(d) 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 appropriate committees of
Congress.
(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 appropriate committees of Congress 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.
(e) 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 appropriate committees
of Congress 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.
Subtitle D--Other Elements
* * * * * * *
[SEC. 6435. 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 and in coordination with such
other entities, agencies, and departments as the Directors
consider appropriate, 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 to
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 1 year after the
date of the enactment of this Act, the Directors shall
jointly submit to the congressional intelligence
committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a 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.]
* * * * * * *
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
SEC. 6701. DEFINITIONS.
In this title:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in
section 5002 of the National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9401).
(2) Authorization to operate.--The term
``authorization to operate'' has the meaning given that
term in Circular Number A-130 of the Office of
Management and Budget, ``Managing Information as a
Strategic Resource'', or any successor document.
(3) Code-free artificial intelligence enablement
tools.--The term ``code-free artificial intelligence
enablement tools'' means software that provides an
environment in which visual drag-and-drop applications,
or similar tools, allow one or more individuals to
program applications without linear coding.
(4) Commercial product.--The term ``commercial
product'' has the meaning given that term in section
103 of title 41, United States Code.
(5) Commercial service.--The term ``commercial
service'' has the meaning given that term in section
103a of title 41, United States Code.
(6) 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, as
those terms are defined in title 41, United States
Code.
(7) Covered product.--The term ``covered product''
means a commercial software product that involves
emerging technologies or artificial intelligence.
(8) Emerging technology.--The term ``emerging
technology'' means--
(A) technology that is in a developmental
stage or that may be developed [during the 10-
year period beginning on January 1, 2022]
during the subsequent 10-year period; or
(B) any technology included in the Critical
and Emerging Technologies List published by the
White House in February 2022, or any successor
document.
* * * * * * *
Subtitle D--Talent, Education, and Training
* * * * * * *
SEC. 6732. EMERGING TECHNOLOGY EDUCATION AND TRAINING.
(a) Training Curriculum.--
(1) Requirement.--No later than 270 days after the
date of the enactment of this Act, the Director of
National Intelligence and the Secretary of Defense, in
consultation with the President of the Defense
Acquisition University and the heads of the elements of
the intelligence community that the Director and
Secretary determine appropriate, shall jointly
establish a training curriculum for members of the
acquisition workforce in the Department of Defense (as
defined in section 101 of title 10, United States Code)
and the acquisition officials within the intelligence
community focused on improving the understanding and
awareness of contracting authorities and procedures for
the acquisition of emerging technologies.
(2) Provision of training.--The Director shall ensure
that the training curriculum under paragraph (1) is
made available to each element of the intelligence
community not later than 60 days after the completion
of the curriculum.
(3) Report.--Not later than January 1, 2024, the
Director and Secretary shall jointly submit to the
congressional intelligence committees, the Committee on
Armed Services and the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House
of Representatives a report containing an update on the
status of the curriculum under paragraph (1).
(b) Agreements Officers.--Not later than October 1, 2024, the
Director of National Intelligence shall ensure that at least 75
percent of the contracting staff within the intelligence
community whose primary responsibilities include the
acquisition of emerging technologies shall have received the
appropriate training to become warranted as agreements officers
who are given authority to execute and administer the
transactions authorized by [paragraph (5)] paragraph (6) of
section 102A(n) of the National Security Act of 1947 (50 U.S.C.
3024(n)), as added by section 6711. The training shall
include--
(1) the appropriate courses offered by the Defense
Acquisition University;
(2) the training curriculum established under
subsection (a); and
(3) best practices for monitoring, identifying, and
procuring emerging technologies with potential benefit
to the intelligence community, including commercial
services and products.
(c) Establishment of Emerging Technology Training
Activities.--
(1) Requirement.--Not later than January 1, 2024, the
Director of National Intelligence, in coordination with
the heads of the elements of the intelligence community
that the Director determines relevant, shall establish
and implement training activities designed for
appropriate mid-career and senior managers across the
intelligence community to train the managers on how to
identify, acquire, implement, and manage emerging
technologies as such technologies may be applied to the
intelligence community.
(2) Certification.--Not later than 2 years after the
date on which the Director establishes the training
activities under paragraph (1), each head of an element
of the intelligence community shall certify to the
Director whether the managers of the element described
in paragraph (1) have successfully completed the
education activities.
(3) Briefing.--Not later than January 1, 2024, the
Director of National Intelligence shall provide to the
congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of
Representatives a briefing regarding the training
activities established under paragraph (1), including--
(A) an overview of--
(i) the managers described in
paragraph (1) who participated in the
training activities; and
(ii) what technologies were included
in the training activities; and
(B) an identification of other incentives,
activities, resources, or programs the Director
determines may be necessary to ensure the
managers are generally trained in the most
emerging technologies and able to retain and
incorporate such technologies across the
intelligence community.
* * * * * * *
----------
DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991
* * * * * * *
TITLE VIII--NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS
* * * * * * *
SEC. 802. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.
(a) Program Required.--
(1) In general.--The Secretary of Defense shall carry
out a program for--
(A) awarding scholarships to undergraduate
students who--
(i) are United States citizens in
order to enable such students to study,
for at least one academic semester or
equivalent term, in foreign countries
that are critical countries (as
determined under section 803(d)(4)(A))
in those languages and study areas
where deficiencies exist (as identified
in the assessments undertaken pursuant
to section 806(d)); and
(ii) pursuant to subsection
(b)(2)(A), enter into an agreement to
work in a national security position or
work in the field of higher education
in the area of study for which the
scholarship was awarded;
(B) awarding fellowships to graduate students
who--
(i) are United States citizens to
enable such students to pursue
education as part of a graduate degree
program of a United States institution
of higher education in the disciplines
of foreign languages, area studies,
counterproliferation studies, and other
international fields relating to the
national security interests of the
United States that are critical areas
of those disciplines (as determined
under section 803(d)(4)(B))and in which
deficiencies exist (as identified in
the assessments undertaken pursuant to
section 806(d)); and
(ii) pursuant to subsection
(b)(2)(B), enter into an agreement to
work in a national security position or
work in the field of education in the
area of study for which the fellowship
was awarded;
(C) awarding grants to institutions of higher
education to enable such institutions to
establish, operate, or improve programs in
foreign languages, area studies,
counterproliferation studies, and other
international fields that are critical areas of
those disciplines (as determined under section
803(d)(4)(C));
(D) awarding grants to institutions of higher
education to carry out activities under the
National Flagship Language Initiative
(described in subsection (i)); and
(E) awarding scholarships to students who--
(i) are United States citizens who--
(I) are native speakers
(referred to as ``heritage
community citizens'') of a
foreign language that is
identified as critical to the
national security interests of
the United States who should be
actively recruited for
employment by Federal security
agencies with a need for
linguists; and
(II) are not proficient at a
professional level in the
English language with respect
to reading, writing, and other
skills required to carry out
the national security interests
of the United States, as
determined by the Secretary,
to enable such students to pursue
English language studies at an
institution of higher education of the
United States to attain proficiency in
those skills; and
(ii) enter into an agreement to work
in a position in a similar manner (as
determined by the Secretary) as
agreements entered into pursuant to
subsection (b)(2)(A).
(2) Funding Allocations.--Of the amount available for
obligation out of the National Security Education Trust
Fund or from a transfer under section 810(c) for any
fiscal year for the purposes stated in paragraph (1),
the Secretary shall have a goal of allocating--
(A) \1/3\ of such amount for the awarding of
scholarships pursuant to paragraph (1)(A);
(B) \1/3\ of such amount for the awarding of
fellowships pursuant to paragraph (1)(B); and
(C) \1/3\ of such amount for the awarding of
grants pursuant to paragraph (1)(C).
The funding allocation under this paragraph shall not
apply to grants under paragraph (1)(D) for the National
Flagship Language Initiative described in subsection
(i) or for the scholarship program under paragraph
(1)(E). For the authorization of appropriations for the
National Flagship Language Initiative, see section 811.
For the authorization of appropriations for the
scholarship program under paragraph (1)(E), see section
812.
(3) Consultation with national security education
board.--The program required under this title shall be
carried out in consultation with the National Security
Education Board established under section 803.
(4) Contract Authority.--The Secretary may enter into
one or more contracts, with private national
organizations having an expertise in foreign languages,
area studies, counterproliferation studies, and other
international fields, for the awarding of the
scholarships, fellowships, and grants described in
paragraph (1) in accordance with the provisions of this
title. The Secretary may enter into such contracts
without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5) or any other provision of law that
requires the use of competitive procedures. In
addition, the Secretary may enter into personal service
contracts for periods up to one year for program
administration, except that not more than 10 such
contracts may be in effect at any one time.
(b) Service Agreement.--In awarding a scholarship or
fellowship under the program, the Secretary or contract
organization referred to in subsection (a)(4), as the case may
be, shall require a recipient of any fellowship, or any
scholarship to enter into an agreement that, in return for such
assistance, the recipient--
(1) will maintain satisfactory academic progress, as
determined in accordance with regulations issued by the
Secretary, and agrees that failure to maintain such
progress shall constitute grounds upon which the
Secretary or contract organization referred to in
subsection (a)(4) may terminate such assistance;
(2)(A) will (in accordance with regulations
prescribed by the Secretary of Defense in coordination
with the heads of the other Federal departments and
agencies concerned) begin work not later than three
years after the recipient's completion of degree study
during which scholarship assistance was provided under
the program--
(i) for not less than one year in a
position certified by the Secretary of
Defense, in coordination with the
Director of National Intelligence, the
Secretary of Homeland Security, and the
Secretary of State (as appropriate), as
contributing to the national security
of the United States in the Department
of Defense, any element of the
intelligence community, the Department
of Homeland Security, or the Department
of State;
(ii) for not less than one year in a
position in a Federal agency or office
that is identified by the Secretary of
Defense under subsection (g) as having
national security responsibilities if
the recipient demonstrates to the
Secretary that no position is available
in the departments and agencies covered
by clause (i); or
(iii) for not less than one academic
year in a position in the field of
education in a discipline related to
the study supported by the program if
the recipient demonstrates to the
Secretary of Defense that no position
is available in the departments,
agencies, and offices covered by
clauses (i) and (ii); or
(B) will (in accordance with such
regulations) begin work not later than two
years after the recipient's completion or
termination of study for which fellowship
assistance was provided under the program--
(i) for not less than one year in a
position certified by the Secretary of
Defense, in coordination with the
Director of National Intelligence, the
Secretary of Homeland Security, and the
Secretary of State (as appropriate), as
contributing to the national security
of the United States in the Department
of Defense, any element of the
intelligence community, the Department
of Homeland Security, or the Department
of State;
(ii) for not less than one year in a
position in a Federal agency or office
that is identified by the Secretary of
Defense under subsection (g) as having
national security responsibilities if
the recipient demonstrates to the
Secretary that no position is available
in the departments and agencies covered
by clause (i); or
(iii) for not less than one academic
year in a position in the field of
education in a discipline related to
the study supported by the program if
the recipient demonstrates to the
Secretary of Defense that no position
is available in the departments,
agencies, and offices covered by
clauses (i) and (ii); and
(3) if the recipient fails to meet either of the
obligations set forth in paragraph (1) or (2), will
reimburse the United States Government for the amount
of the assistance provided the recipient under the
program, together with interest at a rate determined in
accordance with regulations issued by the Secretary.
(c) Evaluation of Progress in Language Skills.--The Secretary
shall, through the National Security Education Program office,
administer a test of the foreign language skills of each
recipient of a scholarship or fellowship under this title
before the commencement of the study or education for which the
scholarship or fellowship is awarded and after the completion
of such study or education. The purpose of these tests is to
evaluate the progress made by recipients of scholarships and
fellowships in developing foreign language skills as a result
of assistance under this title.
(d) Distribution of Assistance.--In selecting the recipients
for awards of scholarships, fellowships, or grants pursuant to
this title, the Secretary or a contract organization referred
to in subsection (a)(4), as the case may be, shall take into
consideration (1) the extent to which the selections will
result in there being an equitable geographic distribution of
such scholarships, fellowships, or grants (as the case may be)
among the various regions of the United States, and (2) the
extent to which the distribution of scholarships and
fellowships to individuals reflects the cultural, racial, and
ethnic diversity of the population of the United States.
(e) Merit Review.--The Secretary shall award scholarships,
fellowships, and grants under the program based upon a merit
review process.
(f) Limitation on Use of Program Participants.--No person who
receives a grant, scholarship, or fellowship or any other type
of assistance under this title shall, as a condition of
receiving such assistance or under any other circumstances, be
used by any department, agency, or entity of the United States
Government engaged in intelligence activities to undertake any
activity on its behalf during the period such person is
pursuing a program of education for which funds are provided
under the program carried out under this title.
(g) Determination of Agencies and Offices of the Federal
Government Having National Security Responsibilities.--(1) The
Secretary, in consultation with the Board, shall annually
determine and develop a list identifying each agency or office
of the Federal Government having national security
responsibilities at which a recipient of a fellowship or
scholarship under this title will be able to make the
recipient's foreign area and language skills available to such
agency or office. The Secretary shall submit the first such
list to the Congress and include each subsequent list in the
annual report to the Congress, as required by section
806(b)(6).
(2) Notwithstanding section 804, funds may not be made
available from the Fund to carry out this title for fiscal year
1997 until 30 days after the date on which the Secretary of
Defense submits to the Congress the first such list required by
paragraph (1).
(h) Temporary Employment and Retention of Certain
Participants.--
(1) In general.--The Secretary of Defense may--
(A) appoint or retain a person provided
scholarship or fellowship assistance under the
program in a position in the Department of
Defense on an interim basis during the period
of the person's pursuit of a degree under the
program and for a period not to exceed two
years after completion of the degree, but only
if, in the case of the period after completion
of the degree, there is an active investigation
to provide security clearance to the person for
an appropriate permanent position in the
Department of Defense under subsection (b)(2);
and
(B) if there is no appropriate permanent
position available for the person after the end
of the periods described in subparagraph (A),
separate the person from employment with the
Department without regard to any other
provision of law, in which event the service
agreement of the person under subsection (b)
shall terminate.
(2) Treatment of certain service.--The period of
service of a person covered by paragraph (1) in a
position on an interim basis under that paragraph
shall, after completion of the degree, be treated as a
period of service for purposes of satisfying the
obligated service requirements of the person under the
service agreement of the person under subsection (b).
(i) Use of Awards To Attend the Foreign Language Center of
the Defense Language Institute.--(1) The Secretary shall
provide for the admission of award recipients to the Foreign
Language Center of the Defense Language Institute (hereinafter
in this subsection referred to as the ``Center''). An award
recipient may apply a portion of the applicable scholarship or
fellowship award for instruction at the Center on a space-
available basis as a Department of Defense sponsored program to
defray the additive instructional costs.
(2) Except as the Secretary determines necessary, an award
recipient who receives instruction at the Center shall be
subject to the same regulations with respect to attendance,
discipline, discharge, and dismissal as apply to other persons
attending the Center.
(3) In this subsection, the term ``award recipient'' means an
undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) or a graduate student who has been awarded
a fellowship under subsection (a)(1)(B) who--
(A) is in good standing;
(B) has completed all academic study in a foreign
country, as provided for under the scholarship or
fellowship; and
(C) would benefit from instruction provided at the
Center.
(j) National Flagship Language Initiative.--(1) Under the
National Flagship Language Initiative, institutions of higher
education shall establish, operate, or improve activities
designed to train students in programs in a range of
disciplines to achieve advanced levels of proficiency in those
foreign languages that the Secretary identifies as being the
most critical in the interests of the national security of the
United States.
(2) An undergraduate student who has been awarded a
scholarship under subsection (a)(1)(A) or a graduate student
who has been awarded a fellowship under subsection (a)(1)(B)
may participate in the activities carried out under the
National Flagship Language Initiative.
(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) shall give special
consideration to applicants who are employees of the Federal
Government.
(4) For purposes of this subsection, the Foreign Language
Center of the Defense Language Institute and any other
educational institution that provides training in foreign
languages operated by the Department of Defense or an agency in
the intelligence community is deemed to be an institution of
higher education, and may carry out the types of activities
permitted under the National Flagship Language Initiative.
(5) An undergraduate or graduate student who participates in
training in a program under paragraph (1) and has not already
entered into a service agreement under subsection (b) shall
enter into a service agreement under subsection (b) applicable
to an undergraduate or graduate student, as the case may be,
with respect to participation in such training in a program
under paragraph (1).
(6)(A) An employee of a department or agency of the Federal
Government who participates in training in a program under
paragraph (1) shall agree in writing--
(i) to continue in the service of the department or
agency of the Federal Government employing the employee
for the period of such training;
(ii) to continue in the service of such department or
agency, following completion by the employee of such
training, for a period of two years for each year, or
part of the year, of such training;
(iii) if, before the completion by the employee of
such training, the employment of the employee is
terminated by such department or agency due to
misconduct by the employee, or by the employee
voluntarily, to reimburse the United States for the
total cost of such training (excluding the employee's
pay and allowances) provided to the employee; and
(iv) if, after the completion by the employee of such
training but before the completion by the employee of
the period of service required by clause (ii), the
employment of the employee by such department or agency
is terminated either by such department or agency due
to misconduct by the employee, or by the employee
voluntarily, to reimburse the United States in an
amount that bears the same ratio to the total cost of
such training (excluding the employee's pay and
allowances) provided to the employee as the unserved
portion of such period of service bears to the total
period of service required by clause (ii).
[(C)] (B) Subject to [subparagraph (D)] subparagraph (C), the
obligation to reimburse the United States under an agreement
under subparagraph (A) is for all purposes a debt owing the
United States.
[(D)] (C) The head of the element of the intelligence
community concerned may release an employee, in whole or in
part, from the obligation to reimburse the United States under
an agreement under subparagraph (A) when, in the discretion of
the head of the element, the head of the element determines
that equity or the interests of the United States so require.
(k) Employment of Program Participants.--
(1) Appointment authority.--The Secretary of Defense,
the Secretary of Homeland Security, the Secretary of
State, or the head of a Federal agency or office
identified by the Secretary of Defense under subsection
(g) as having national security responsibilities--
(A) may, without regard to any provision of
title 5, United States Code, governing
appointments in the competitive service,
appoint an eligible program participant--
(i) to a position in the excepted
service that is certified by the
Secretary of Defense under clause (i)
of subsection (b)(2)(A) as contributing
to the national security of the United
States; or
(ii) subject to clause (ii) of such
subsection, to a position in the
excepted service in such Federal agency
or office identified by the Secretary;
and
(B) may, upon satisfactory completion of two
years of substantially continuous service by an
incumbent who was appointed to an excepted
service position under the authority of
subparagraph (A), convert the appointment of
such individual, without competition, to a
career or career-conditional appointment.
(2) Treatment of certain service.--In the case of an
eligible program participant described in clause (ii)
or (iii) of paragraph (4)(C) who receives an
appointment under paragraph (1)(A), the head of a
Department or Federal agency or office referred to in
paragraph (1) may count any period that the individual
served in a position with the Federal Government toward
satisfaction of the service requirement under paragraph
(1)(B) if that service--
(A) in the case of an appointment under
clause (i) of paragraph (1)(A), was in a
position that is identified under clause (i) of
subsection (b)(2)(A) as contributing to the
national security of the United States; or
(B) in the case of an appointment under
clause (ii) of paragraph (1)(A), was in the
Federal agency or office in which the
appointment under that clause is made.
(3) Career tenure.--In the case of an individual
whose appointment to a position in the excepted service
is converted to a career or career-conditional
appointment under paragraph (1)(B), the period of
service described in such paragraph shall be treated,
for purposes of the service requirements for career
tenure under title 5, United States Code, as if it were
service in a position under a career or career-
conditional appointment.
(4) Eligible program participant defined.--In this
subsection, the term ``eligible program participant''
means an individual who--
(A) has successfully completed an academic
program for which a scholarship or fellowship
under this section was awarded;
(B) has not previously been appointed to the
excepted service position under paragraph
(1)(A); and
(C) at the time of the appointment of the
individual to an excepted service position
under paragraph (1)(A)--
(i) under the terms of the agreement
for such scholarship or fellowship,
owes a service commitment to a
Department or Federal agency or office
referred to in paragraph (1);
(ii) is employed by the Federal
Government under a non-permanent
appointment to a position in the
excepted service that has national
security responsibilities; or
(iii) is a former civilian employee
of the Federal Government who has less
than a one-year break in service from
the last period of Federal employment
of such individual in a non-permanent
appointment in the excepted service
with national security
responsibilities.
SEC. 803. NATIONAL SECURITY EDUCATION BOARD.
(a) Establishment.--The Secretary of Defense shall establish
a National Security Education Board.
(b) Composition.--The Board shall be composed of the
following individuals or the representatives of such
individuals:
(1) The Secretary of Defense, who shall serve as the
chairman of the Board.
(2) The Secretary of Education.
(3) The Secretary of State.
(4) The Secretary of Commerce.
(5) The Secretary of Homeland Security.
(6) The Secretary of Energy.
(7) The Director of National Intelligence.
(8) The Chairperson of the National Endowment for the
Humanities.
(9) Six individuals appointed by the President, who
shall be experts in the fields of international,
language, area, and counterproliferation studies
education and who may not be officers or employees of
the Federal Government.
(c) Term of Appointees.--Each individual appointed to the
Board pursuant to subsection (b)(7) shall be appointed for a
period specified by the President at the time of the
appointment, but not to exceed four years. Such individuals
shall receive no compensation for service on the Board but may
receive reimbursement for travel and other necessary expenses.
(d) Functions.--The Board shall perform the following
functions:
(1) Develop criteria for awarding scholarships,
fellowships, and grants under this title, including an
order of priority in such awards that favors
individuals expressing an interest in national security
issues or pursuing a career in a national security
position.
(2) Provide for wide dissemination of information
regarding the activities assisted under this title.
(3) Establish qualifications for students desiring
scholarships or fellowships, and institutions of higher
education desiring grants, under this title, including,
in the case of students desiring a scholarship or
fellowship, a requirement that the student have a
demonstrated commitment to the study of the discipline
for which the scholarship or fellowship is to be
awarded.
(4) After taking into account the annual analyses of
trends in language, international, area, and
counterproliferation studies under section 806(b)(1),
make recommendations to the Secretary regarding--
(A) which countries are not emphasized in
other United States study abroad programs, such
as countries in which few United States
students are studying and countries which are
of importance to the national security
interests of the United States, and are,
therefore, critical countries for the purposes
of section 802(a)(1)(A);
(B) which areas within the disciplines
described in section 802(a)(1)(B) relating to
the national security interests of the United
States are areas of study in which United
States students are deficient in learning and
are, therefore, critical areas within those
disciplines for the purposes of that section;
(C) which areas within the disciplines
described in section 802(a)(1)(C) are areas in
which United States students, educators, and
Government employees are deficient in learning
and in which insubstantial numbers of United
States institutions of higher education provide
training and are, therefore, critical areas
within those disciplines for the purposes of
that section;
(D) how students desiring scholarships or
fellowships can be encouraged to work for an
agency or office of the Federal Government
involved in national security affairs or
national security policy upon completion of
their education; and
(E) which foreign languages are critical to
the national security interests of the United
States for purposes of section 802(a)(1)(D)
(relating to grants for the National Flagship
Language Initiative) and section 802(a)(1)(E)
(relating to the scholarship program for
advanced English language studies by heritage
community citizens).
(5) Encourage applications for fellowships under this
title from graduate students having an educational
background in any academic discipline, particularly in
the areas of science or technology.
(6) Provide the Secretary biennially with a list of
scholarship recipients and fellowship recipients,
including an assessment of their foreign area and
language skills, who are available to work in a
national security position.
(7) Not later than 30 days after a scholarship or
fellowship recipient completes the study or education
for which assistance was provided under the program,
provide the Secretary with a report fully describing
the foreign area and language skills obtained by the
recipient as a result of the assistance.
(8) Review the administration of the program required
under this title.
(9) To the extent provided by the Secretary of
Defense, oversee and coordinate the activities of the
National Language Service Corps under section 813,
including--
(A) assessing on a periodic basis whether the
Corps is addressing the needs identified by the
heads of departments and agencies of the
Federal Government for personnel with skills in
various foreign languages;
(B) recommending plans for the Corps to
address foreign language shortfalls and
requirements of the departments and agencies of
the Federal Government;
(C) recommending effective ways to increase
public awareness of the need for foreign
languages skills and career paths in the
Federal Government that use those skills; and
(D) overseeing the Corps efforts to work with
Executive agencies and State and [Local] local
governments to respond to interagency plans and
agreements to address overall foreign language
shortfalls and to utilize personnel to address
the various types of crises that warrant
foreign language skills.
* * * * * * *
SEC. 808. DEFINITIONS.
For the purpose of this title:
(1) The term ``Board'' means the National Security
Education Board established pursuant to section 803.
(2) The term ``Fund'' means the National Security
Education Trust Fund established pursuant to section
804.
(3) The term ``institution of higher education'' has
the meaning given that term by section 101 of the
Higher Education Act of 1965.
(4) The term ``national security position'' means a
position--
(A) having national security responsibilities
in [a agency] an agency or office of the
Federal Government that has national security
responsibilities, as determined under section
802(g); and
(B) in which the individual in such position
makes their foreign language skills available
to such agency or office.
(5) 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.
* * * * * * *
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CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
* * * * * * *
TITLE II--THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
* * * * * * *
Part B--Contributions
SEC. 211. CONTRIBUTIONS TO FUND.
(a) In General.--
(1) Definition.--In this subsection, the term
``revised annuity participant'' means an individual
who--
(A) on December 31, 2012--
(i) is not a participant;
(ii) is not performing qualifying
service; and
(iii) has less than 5 years of
qualifying service; and
(B) after December 31, 2012, becomes a
participant performing qualifying service.
(2) Contributions.--
(A) In general.--Except as provided in
subsection (d), 7 percent of the basic pay
received by a participant other than a revised
annuity participant for any pay period shall be
deducted and withheld from the pay of that
participant and contributed to the fund.
(B) Revised annuity participants.--Except as
provided in subsection (d), 9.3 percent of the
basic pay received by a revised annuity
participant for any pay period shall be
deducted and withheld from the pay of that
revised annuity participant and contributed to
the fund.
(3) Agency contributions.--
(A) In general.--An amount equal to 7 percent
of the basic pay received by a participant
other than a revised annuity participant shall
be contributed to the fund for a pay period for
the participant from the appropriation or fund
which is used for payment of the participant's
basic pay.
(B) Revised annuity participants.--An amount
equal to 4.7 percent of the basic pay received
by a revised annuity participant shall be
contributed to the fund for a pay period for
the revised annuity participant from the
appropriation or fund which is used for payment
of the revised annuity participant's basic pay.
(4) Deposits to the fund.--The amounts deducted and
withheld from basic pay, together with the amounts so
contributed from the appropriation or fund, shall be
deposited by the Director to the credit of the fund.
(b) Consent of Participant To Deductions From Pay.--Each
participant shall be deemed to consent and agree to such
deductions from basic pay, and payment less such deductions
shall be a full and complete discharge and acquittance of all
claims and demands whatsoever for all regular services during
the period covered by such payment, except the right to the
benefits to which the participant is entitled under this title,
notwithstanding any law, rule, or regulation affecting the
individual's pay.
(c) Treatment of Contributions After 35 Years of Service.--
(1) Accrual of interest.--Amounts deducted and
withheld from the basic pay of a participant under this
section for pay periods after the first day of the
first pay period beginning after the day on which the
participant completes 35 years of creditable service
computed under sections 251 and 252 (excluding service
credit for unused sick leave under section 221(a)(2))
shall accrue interest. Such interest shall accrue at
the rate of 3 percent a year through December 31, 1984,
and thereafter at the rate computed under section
8334(e) of title 5, United States Code, and shall be
compounded annually from the date on which the amount
is so deducted and withheld until the date of the
participant's retirement or death.
(2) Use of amounts withheld after 35 years of
service.--
(A) Use for deposits due under section
252(b).--Amounts described in paragraph (1),
including interest accrued on such amounts,
shall be applied upon the participant's
retirement or death toward any deposit due
under section 252(b).
(B) Lump-sum payment.--Any balance of such
amounts not so required for such a deposit
shall be refunded to the participant in a lump
sum after the participant's separation (or, in
the event of a death in service, to a
beneficiary in order of precedence specified in
[subsection 241(c)] section 241(c)), subject to
prior notification of a current spouse, if any,
unless the participant establishes to the
satisfaction of the Director, in accordance
with regulations which the Director may
prescribe, that the participant does not know,
and has taken all reasonable steps to
determine, the whereabouts of the current
spouse.
(C) Purchases of additional elective
benefits.--In lieu of such a lump-sum payment,
the participant may use such amounts--
(i) to purchase an additional annuity
in accordance with section 281; or
(ii) provide any additional survivor
benefit for a current or former spouse
or spouses.
(d) Offset for Social Security Taxes.--
(1) Persons covered.--In the case of a participant
who was a participant subject to this title before
January 1, 1984, and whose service--
(A) is employment for the purposes of title
II of the Social Security Act and chapter 21 of
the Internal Revenue Code of 1954, and
(B) is not creditable service for any purpose
under title III of this Act or chapter 84 of
title 5, United States Code,
there shall be deducted and withheld from the basic pay
of the participant under this section during any pay
period only the amount computed under paragraph (2).
(2) Reduction in contribution.--The amount deducted
and withheld from the basic pay of a participant during
any pay period pursuant to paragraph (1) shall be the
excess of--
(A) the amount determined by multiplying the
percent applicable to the participant under
subsection (a) by the basic pay payable to the
participant for that pay period, over
(B) the amount of the taxes deducted and
withheld from such basic pay under section
3101(a) of the Internal Revenue Code of 1954
(relating to old-age, survivors, and disability
insurance) for that pay period.
* * * * * * *
Part G--Moneys
* * * * * * *
SEC. 263. PAYMENT OF BENEFITS.
(a) Annuities Stated as Annual Amounts.--Each annuity is
stated as an annual amount, \1/12\ of which, rounded to the
next lowest dollar, constitutes the monthly rate payable on the
first business day of the month after the month or other period
for which it has accrued.
(b) Commencement of Annuity.--
(1) Commencement of annuity for participants
generally.--Except as otherwise provided in paragraph
(2), the annuity of a participant who has met the
eligibility requirements for an annuity shall commence
on the first day of the month after separation from the
Agency or after pay ceases and the service and age
requirements for title to an annuity are met.
(2) Exceptions.--The annuity of--
(A) a participant involuntarily separated
from the Agency;
(B) a participant retiring under section 231
due to a disability; and
(C) a participant who serves 3 days or less
in the month of retirement;
shall commence on the day after separation from the
Agency or the day after pay ceases and the service and
age or disability requirements for title to annuity are
met.
(3) Other annuities.--Any other annuity payable from
the fund commences on the first day of the month after
the occurrence of the event on which payment thereof is
based.
(c) Termination of Annuity.--An annuity payable from the fund
shall terminate--
(1) in the case of a retired participant, on the day
death or any other terminating event provided by this
title occurs; or
(2) in the case of a former spouse or a survivor, on
the last day of the month before death or any other
terminating event occurs.
(d) Application for Survivor Annuities.--The annuity to a
survivor shall become effective as otherwise specified but
shall not be paid until the survivor submits an application for
such annuity, supported by such proof of eligibility as the
Director may require. If such application or proof of
eligibility is not submitted during the lifetime of an
otherwise eligible individual, no annuity shall be due or
payable to the individual's estate.
(e) Waiver of Annuity.--An individual entitled to an annuity
from the fund may decline to accept all or any part of the
annuity by submitting a signed waiver to the Director. The
waiver may be revoked in writing at any time. Payment of the
annuity waived may not be made for the period during which the
waiver is in effect.
(f) Limitations.--
(1) Application before 115th anniversary.--No payment
shall be made from the fund unless an application for
benefits based on the service of the participant is
received by the Director before the 115th anniversary
of the participant's birth.
(2) Application within 30 years.--Notwithstanding
paragraph (1), after the death of a participant or
retired participant, no benefit based on that
participant's service may be paid from the fund unless
an application for the benefit is received by the
Director within 30 years after the death or other event
which gives rise to eligibility for the benefit.
(g) Withholding of State Income Tax From Annuities.--
(1) Agreements with states.--The Director shall, in
accordance with this subsection, enter into an
agreement with any State within 120 days of a request
for agreement from the proper State official. The
agreement shall provide that the Director shall
withhold State income tax in the case of the monthly
annuity of any annuitant who voluntarily requests, in
writing, such withholding. The amounts withheld during
any calendar quarter shall be held in the [Fund] fund
and disbursed to the States during the month following
that calendar quarter.
(2) Limitation on multiple requests.--An annuitant
may have in effect at any time only one request for
withholding under this subsection, and an annuitant may
not have more than two such requests during any one
calendar year.
(3) Change in state designation.--Subject to
paragraph (2), an annuitant may change the State
designated by that annuitant for purposes of having
withholdings made, and may request that the
withholdings be remitted in accordance with such
change. An annuitant also may revoke any request of
that annuitant for withholding. Any change in the State
designated or revocation is effective on the first day
of the month after the month in which the request or
the revocation is processed by the Director, but in no
event later than on the first day of the second month
beginning after the day on which such request or
revocation is received by the Director.
(4) General provisions.--This subsection does not
give the consent of the United States to the
application of a statute which imposes more burdensome
requirements of the United States than on employers
generally, or which subjects the United States or any
annuitant to a penalty or liability because of this
subsection. The Director may not accept pay from a
State for services performed in withholding State
income taxes from annuities. Any amount erroneously
withheld from an annuity and paid to a State by the
Director shall be repaid by the State in accordance
with regulations prescribed by the Director.
(5) Definition.--For the purpose of this subsection,
the term ``State'' includes the District of Columbia
and any territory or possession of the United States.
* * * * * * *
Part H--Retired Participants Recalled, Reinstated, or Reappointed in
the Agency or Reemployed in the Government
SEC. 271. RECALL.
(a) Authority To Recall.--The Director may, with the consent
of a retired participant, recall that participant to service in
the Agency whenever the Director determines that such recall is
in the public interest.
(b) Pay of Retired Participant While Serving.--A retired
participant recalled to duty in the Agency under subsection (a)
or reinstated or reappointed in accordance with [section
231(b)] section 231(c) shall, while so serving, be entitled, in
lieu of the retired participant's annuity, to the full basic
pay of the grade in which the retired participant is serving.
During such service, the retired participant shall make
contributions to the fund in accordance with section 211.
(c) Recomputation of Annuity.--When the retired participant
reverts to retired status, the annuity of the retired
participant shall be redetermined in accordance with section
221.
* * * * * * *
TITLE III--PARTICIPATION IN THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM
* * * * * * *
SEC. 304. SPECIAL RULES FOR FORMER SPOUSES.
(a) General Rule.--Except as otherwise specifically provided
in this section, the provisions of chapter 84 of title 5,
United States Code, shall apply in the case of an employee of
the Agency who is subject to chapter 84 of title 5, United
States Code, and who has a former spouse (as defined in section
8401(12) of title 5, United States Code) or a qualified former
spouse.
(b) Definitions.--For purposes of this section:
(1) Employee.--The term ``employee'' means an
employee of the Agency who is subject to chapter 84 of
title 5, United States Code, including an employee
referred to in section 302(a).
(2) Qualified former spouse.--The term ``qualified
former spouse'' means a former spouse of an employee or
retired employee who--
(A) in the case of a former spouse whose
divorce from such employee became final on or
before December 4, 1991, was married to such
employee for not less than 10 years during
periods of the employee's service which are
creditable under section 8411 of title 5,
United States Code, at least 5 years of which
were spent outside the United States by both
the employee and the former spouse during the
employee's service with the Agency; and
(B) in the case of a former spouse whose
divorce from such employee becomes final after
December 4, 1991, was married to such employee
for not less than 10 years during periods of
the employee's service which are creditable
under section 8411 of title 5, United States
Code, at least 5 years of which were spent by
the employee outside the United States during
the employee's service with the Agency or
otherwise in a position the duties of which
qualified the employee for designation by the
Director under the criteria prescribed in
section 203.
(3) Pro rata share.--The term ``pro rata share''
means the percentage that is equal to (A) the number of
days of the marriage of the qualified former spouse to
the employee during the employee's periods of
creditable service under chapter 84 of title 5, United
States Code, divided by (B) the total number of days of
the employee's creditable service.
(4) Spousal agreement.--The term ``spousal
agreement'' means an agreement between an employee,
former employee, or retired employee and such
employee's spouse or qualified former spouse that--
(A) is in writing, is signed by the parties,
and is notarized;
(B) has not been modified by court order; and
(C) has been authenticated by the Director.
(5) Court order.--The term ``court order'' means any
court decree of divorce, annulment or legal separation,
or any court order or court-approved property
settlement agreement incident to such court decree of
divorce, annulment, or legal separation.
(c) Entitlement of Qualified Former Spouse to Retirement
Benefits.--
(1) Entitlement.--
(A) In general.--Unless otherwise expressly
provided by a spousal agreement or court order
governing disposition of benefits payable under
subchapter II or V of chapter 84 of title 5,
United States Code, a qualified former spouse
of an employee is entitled to a share
(determined under subparagraph (B)) of all
benefits otherwise payable to such employee
under subchapter II or V of chapter 84 of title
5, United States Code.
(B) Amount of share.--The share referred to
in subparagraph (A) equals--
(i) 50 percent, if the qualified
former spouse was married to the
employee throughout the entire period
of the employee's service which is
creditable under chapter 84 of [title
50] title 5, United States Code; or
(ii) a pro rata share of 50 percent,
if the qualified former spouse was not
married to the employee throughout such
creditable service.
(2) Annuity supplement.--The benefits payable to an
employee under subchapter II of chapter 84 of title 5,
United States Code, shall include, for purposes of this
subsection, any annuity supplement payable to such
employee under sections 8421 and 8421a of such title.
(3) Disqualification upon remarriage before age 55.--
A qualified former spouse shall not be entitled to any
benefit under this subsection if, before the
commencement of any benefit, the qualified former
spouse remarries before becoming 55 years of age.
(4) Commencement and termination.--
(A) Commencement.--The benefits of a
qualified former spouse under this subsection
commence on the later of--
(i) the day on which the employee
upon whose service the benefits are
based becomes entitled to the benefits;
or
(ii) the first day of the second
month beginning after the date on which
the Director receives written notice of
the court order or spousal agreement,
together with such additional
information or documentation as the
Director may prescribe.
(B) Termination.--The benefits of the
qualified former spouse and the right thereto
terminate on--
(i) the last day of the month before
the qualified former spouse remarries
before 55 years of age or dies; or
(ii) the date on which the retired
employee's benefits terminate (except
in the case of benefits subject to
paragraph (5)(B)).
(5) Payments to retired employees.--
(A) Calculation of survivor annuity.--Any
reduction in payments to a retired employee as
a result of payments to a qualified former
spouse under this subsection shall be
disregarded in calculating--
(i) the survivor annuity for any
spouse, former spouse (qualified or
otherwise), or other survivor under
chapter 84 of title 5, United States
Code, and
(ii) any reduction in the annuity of
the retired employee to provide
survivor benefits under subsection (d)
of this section or under [sections]
section 8442 or 8445 of title 5, United
States Code.
(B) Reduction in basic pay upon recall to
service.--If a retired employee whose annuity
is reduced under paragraph (1) is recalled to
service under section 302(c), the basic pay of
that annuitant shall be reduced by the same
amount as the annuity would have been reduced
if it had continued. Amounts equal to the
reductions under this subparagraph shall be
deposited in the Treasury of the United States
to the credit of the Civil Service Retirement
and Disability Fund.
(6) Special rules for disability annuitants.--
Notwithstanding paragraphs (1) and (4), in the case of
any qualified former spouse of a disability annuitant--
(A) the annuity of such former spouse shall
commence on the date on which the employee
would qualify, on the basis of the employee's
creditable service, for benefits under
subchapter II of chapter 84 of title 5, United
States Code, or on the date on which the
disability annuity begins, whichever is later;
and
(B) the amount of the annuity of the
qualified former spouse shall be calculated on
the basis of the benefits for which the
employee would otherwise qualify under
subchapter II of chapter 84 of such title.
(7) Pro rata share in case of employees transferred
to fers.--Notwithstanding paragraph (1)(B), in the case
of an employee who has elected to become subject to
chapter 84 of title 5, United States Code, the share of
such employee's qualified former spouse shall equal the
sum of--
(A) 50 percent of the employee's annuity
under subchapter III of chapter 83 of title 5,
United States Code, or under title II of this
Act (computed in accordance with section 302(a)
of the Federal Employees' Retirement System Act
of 1986 or section 307 of this Act), multiplied
by the proportion that the number of days of
marriage during the period of the employee's
creditable service before the effective date of
the election to transfer bears to the
employee's total creditable service before such
effective date; and
(B) if applicable, 50 percent of the
employee's benefits under chapter 84 of title
5, United States Code, or section 302(a) of
this Act (computed in accordance with section
302(a) of the Federal Employees' Retirement
System Act of 1986 or section 307 of this Act),
multiplied by the proportion that the number of
days of marriage during the period of the
employee's creditable service on and after the
effective date of the election to transfer
bears to the employee's total creditable
service after such effective date.
(8) Treatment of pro rata share under internal
revenue code.--For purposes of the Internal Revenue
Code of 1986, payments to a qualified former spouse
under this subsection shall be treated as income to the
qualified former spouse and not to the employee.
(d) Qualified Former Spouse Survivor Benefits.--
(1) Entitlement.--
(A) In general.--Subject to an election under
section 8416(a) of title 5, United States Code,
and unless otherwise expressly provided by any
spousal agreement or court order governing
survivor benefits payable under this subsection
to a qualified former spouse, such former
spouse is entitled to a share, determined under
subparagraph (B), of all survivor benefits that
would otherwise be payable under subchapter IV
of chapter 84 of title 5, United States Code,
to an eligible surviving spouse of the
employee.
(B) Amount of share.--The share referred to
in subparagraph (A) equals--
(i) 100 percent, if the qualified
former spouse was married to the
employee throughout the entire period
of the employee's service which is
creditable under chapter 84 of title 5,
United States Code; or
(ii) a pro rata share of 100 percent,
if the qualified former spouse was not
married to the employee throughout such
creditable service.
(2) Survivor benefits.--
(A) The survivor benefits payable under this
subsection to a qualified former spouse shall
include the amount payable under section
8442(b)(1)(A) of title 5, United States Code,
and any supplementary annuity under section
8442(f) of such title that would be payable if
such former spouse were a widow or widower
entitled to an annuity under such section.
(B) Any calculation under section 8442(f) of
title 5, United States Code, of the
supplementary annuity payable to a widow or
widower of an employee referred to in section
302(a) shall be based on an ``assumed CIARDS
annuity'' rather than an ``assumed CSRS
annuity'' as stated in section 8442(f) of such
title. For the purpose of this subparagraph,
the term ``assumed CIARDS annuity'' means the
amount of the survivor annuity to which the
widow or widower would be entitled under title
II of this Act based on the service of the
deceased annuitant determined under section
8442(f)(5) of such title.
(3) Disqualification upon remarriage before age 55.--
A qualified former spouse shall not be entitled to any
benefit under this subsection if, before commencement
of any benefit, the qualified former spouse remarries
before becoming 55 years of age.
(4) Restoration.--If the survivor annuity payable
under this subsection to a surviving qualified former
spouse is terminated because of remarriage before
becoming age 55, the annuity shall be restored at the
same rate commencing on the date such remarriage is
dissolved by death, divorce, or annulment, if--
(A) such former spouse elects to receive this
survivor annuity instead of any other survivor
benefit to which such former spouse may be
entitled under subchapter IV of chapter 84 of
title 5, United States Code, or under another
retirement system for Government employees by
reason of the remarriage; and
(B) any lump sum paid on termination of the
annuity is returned to the Civil Service
Retirement and Disability Fund.
(5) Modification of court order or spousal
agreement.--A modification in a court order or spousal
agreement to adjust a qualified former spouse's share
of the survivor benefits shall not be effective if
issued after the retirement or death of the employee,
former employee, or annuitant, whichever occurs first.
(6) Effect of termination of qualified former
spouse's entitlement.--After a qualified former spouse
of a retired employee remarries before becoming age 55
or dies, the reduction in the retired employee's
annuity for the purpose of providing a survivor annuity
for such former spouse shall be terminated. The
annuitant may elect, in a signed writing received by
the Director within 2 years after the qualified former
spouse's remarriage or death, to continue the reduction
in order to provide or increase the survivor annuity
for such annuitant's spouse. The annuitant making such
election shall pay a deposit in accordance with the
provisions of section 8418 of title 5, United States
Code.
(7) Pro rata share in case of employees transferred
to fers.--Notwithstanding paragraph (1)(B), in the case
of an employee who has elected to become subject to
chapter 84 of title 5, United States Code, the share of
such employee's qualified former spouse to survivor
benefits shall equal the sum of--
(A) 50 percent of the employee's annuity
under subchapter III of chapter 83 of title 5,
United States Code, or under title II of this
Act (computed in accordance with section 302(a)
of the Federal Employees' Retirement System Act
of 1986 or section 307 of this Act), multiplied
by the proportion that the number of days of
marriage during the period of the employee's
creditable service before the effective date of
the election to transfer bears to the
employee's total creditable service before such
effective date; and
(B) if applicable--
(i) 50 percent of the employee's
annuity under chapter 84 of title 5,
United States Code, or section 302(a)
of this Act (computed in accordance
with section 302(a) of the Federal
Employees' Retirement System Act of
1986 or section 307 of this Act), plus
(ii) the survivor benefits referred
to in subsection (d)(2)(A),
multiplied by the proportion that the number of
days of marriage during the period of the
employee's creditable service on and after the
effective date of the election to transfer
bears to the employee's total creditable
service after such effective date.
(e) Qualified Former Spouse Thrift Savings Plan Benefit.--
(1) Entitlement.--
(A) In general.--Unless otherwise expressly
provided by a spousal agreement or court order
governing disposition of the balance of an
account in the Thrift Savings Fund under
subchapter III of chapter 84 of title 5, United
States Code, a qualified former spouse of an
employee is entitled to a share (determined
under subparagraph (B)) of the balance in the
employee's account in the Thrift Savings Fund
on the date the divorce of the qualified former
spouse and employee becomes final.
(B) Amount of share.--The share referred to
in subparagraph (A) equals 50 percent of the
employee's account balance in the Thrift
Savings Fund that accrued during the period of
marriage. For purposes of this subsection, the
employee's account balance shall not include
the amount of any outstanding loan.
(2) Payment of benefit.--
(A) Time of payment.--The entitlement of a
qualified former spouse under paragraph (1)
shall be effective on the date the divorce of
the qualified former spouse and employee
becomes final. The qualified former spouse's
benefit shall be payable after the date on
which the Director receives the divorce decree
or any applicable court order or spousal
agreement, together with such additional
information or documentation as the Director
may require.
(B) Method of payment.--The qualified former
spouse's benefit under this subsection shall be
paid in a lump sum.
(C) Limitation.--A spousal agreement or court
order may not provide for payment to a
qualified former spouse under this subsection
of an amount that exceeds the employee's
account balance in the Thrift Savings Fund.
(D) Death of qualified former spouse.--If the
qualified former spouse dies before payment of
the benefit provided under this subsection,
such payment shall be made to the estate of the
qualified former spouse.
(E) Bar to recovery.--Any payment under this
subsection to an individual bars recovery by
any other individual.
(3) Closed account.--No payment under this subsection
may be made by the Director if the date on which the
divorce becomes final is after the date on which the
total amount of the employee's account balance has been
withdrawn or transferred, or the date on which an
annuity contract has been purchased, in accordance with
section 8433 of title 5, United States Code.
(f) Preservation of Rights of Qualified Former Spouses.--An
employee may not make an election or modification of election
under section 8417 or 8418 of title 5, United States Code, or
other section relating to the employee's annuity under
subchapter II of chapter 84 of title 5, United States Code,
that would diminish the entitlement of a qualified former
spouse to any benefit granted to such former spouse by this
section or by court order or spousal agreement.
(g) Payment of Share of Lump-Sum Credit.--Whenever an
employee or former employee becomes entitled to receive the
lump-sum credit under section 8424(a) of title 5, United States
Code, a share (determined under subsection (c)(1)(B) of this
section) of that lump-sum credit shall be paid to any qualified
former spouse of such employee, unless otherwise expressly
provided by any spousal agreement or court order governing
disposition of the lump-sum credit involved.
(h) Payment to Qualified Former Spouses Under Court Order or
Spousal Agreement.--In the case of any employee or retired
employee who has a qualified former spouse who is covered by a
court order or who is a party to a spousal agreement--
(1) any right of the qualified former spouse to any
retirement benefits under subsection (c) and to any
survivor benefits under subsection (d), and the amount
of any such benefits;
(2) any right of the qualified former spouse to any
Thrift Savings Plan benefit under subsection (e), and
the amount of any such benefit; and
(3) any right of the qualified former spouse to any
payment of a lump-sum credit under subsection (g), and
the amount of any such payment;
shall be determined in accordance with that spousal agreement
or court order, if and to the extent expressly provided for in
the terms of the spousal agreement or court order that are not
inconsistent with the requirements of this section.
(i) Applicability of CIARDS Former Spouse Benefits.--
(1) Except as provided in paragraph (2), in the case
of an employee who has elected to become subject to
chapter 84 of title 5, United States Code, the
provisions of sections 224 and 225 shall apply to such
employee's former spouse (as defined in section
102(a)(4)) who would otherwise be eligible for benefits
under sections 224 and 225 but for the employee having
elected to become subject to such chapter.
(2) For the purposes of computing such former
spouse's benefits under sections 224 and 225--
(A) the retirement benefits shall be equal to
the amount determined under subsection
(c)(7)(A); and
(B) the survivor benefits shall be equal to
55 percent of the full amount of the employee's
annuity computed in accordance with section
302(a) of the Federal Employees' Retirement
System Act of 1986 or regulations prescribed
under section 307 of this Act.
(3) Benefits provided pursuant to this subsection
shall be payable from the Central Intelligence Agency
Retirement and Disability Fund.
* * * * * * *
----------
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
* * * * * * *
TITLE III--SECURITY CLEARANCES
SEC. 3001. SECURITY CLEARANCES.
(a) Definitions.--In this section:
(1) The term ``agency'' means--
(A) an executive agency (as that term is
defined in section 105 of title 5, United
States Code);
(B) a military department (as that term is
defined in section 102 of title 5, United
States Code); or
(C) an element of the intelligence community.
(2) The term ``authorized investigative agency''
means an agency designated by the head of the agency
selected pursuant to subsection (b) to conduct a
counterintelligence investigation or investigation of
persons who are proposed for access to classified
information to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to such
information.
(3) The term ``authorized adjudicative agency'' means
an agency authorized by law, regulation, or direction
of the Director of National Intelligence to determine
eligibility for access to classified information in
accordance with Executive Order 12968.
(4) The term ``highly sensitive program'' means--
(A) a government program designated as a
Special Access Program (as that term is defined
in section 4.1(h) of Executive Order 12958 or
any successor Executive order); or
(B) a government program that applies
restrictions required for--
(i) restricted data (as that term is
defined in section 11 y. of the Atomic
Energy Act of 1954 (42 U.S.C.
2014(y))[;] ); or
(ii) other information commonly
referred to as ``sensitive
compartmented information''.
(5) The term ``current investigation file'' means,
with respect to a security clearance, a file on an
investigation or adjudication that has been conducted
during--
(A) the 5-year period beginning on the date
the security clearance was granted, in the case
of a Top Secret Clearance, or the date access
was granted to a highly sensitive program;
(B) the 10-year period beginning on the date
the security clearance was granted in the case
of a Secret Clearance; and
(C) the 15-year period beginning on the date
the security clearance was granted in the case
of a Confidential Clearance.
(6) The term ``personnel security investigation''
means any investigation required for the purpose of
determining the eligibility of any military, civilian,
or government contractor personnel to access classified
information.
(7) The term ``periodic reinvestigations'' means
investigations conducted for the purpose of updating a
previously completed background investigation--
(A) every 5 years in the case of a top secret
clearance or access to a highly sensitive
program;
(B) every 10 years in the case of a secret
clearance; or
(C) every 15 years in the case of a
Confidential Clearance.
(8) The term ``appropriate committees of Congress''
means--
(A) the Permanent Select Committee on
Intelligence and the Committees on Armed
Services, Homeland Security, Government Reform,
and the Judiciary of the House of
Representatives; and
(B) the Select Committee on Intelligence and
the Committees on Armed Services, Homeland
Security and Governmental Affairs, and the
Judiciary of the Senate.
(9) Access determination.--The term ``access
determination'' means the determination regarding
whether an employee--
(A) is eligible for access to classified
information in accordance with Executive Order
12968 (60 Fed. Reg. 40245; relating to access
to classified information), or any successor
thereto, and Executive Order 10865 (25 Fed.
Reg. 1583; relating to safeguarding classified
information [with industry] within industry),
or any successor thereto; and
(B) possesses a need to know under such an
Order.
(b) Selection of Entity.--Except as otherwise provided, not
later than 90 days after the date of the enactment of this Act,
the President shall select a single department, agency, or
element of the executive branch to be responsible for--
(1) directing day-to-day oversight of investigations
and adjudications for personnel security clearances,
including for highly sensitive programs, throughout the
United States Government;
(2) developing and implementing uniform and
consistent policies and procedures to ensure the
effective, efficient, and timely completion of security
clearances and determinations for access to highly
sensitive programs, including the standardization of
security questionnaires, financial disclosure
requirements for security clearance applicants, and
polygraph policies and procedures;
(3) serving as the final authority to designate an
authorized investigative agency or authorized
adjudicative agency;
(4) ensuring reciprocal recognition of access to
classified information among the agencies of the United
States Government, including acting as the final
authority to arbitrate and resolve disputes involving
the reciprocity of security clearances and access to
highly sensitive programs pursuant to subsection (d);
(5) ensuring, to the maximum extent practicable, that
sufficient resources are available in each agency to
achieve clearance and investigative program goals;
(6) reviewing and coordinating the development of
tools and techniques for enhancing the conduct of
investigations and granting of clearances; and
(7) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for
Fiscal Year 2014, and consistent with subsection (j)--
(A) developing policies and procedures that
permit, to the extent practicable, individuals
alleging reprisal for having made a protected
disclosure (provided the individual does not
disclose classified information or other
information contrary to law) to appeal any
action affecting an employee's access to
classified information and to retain their
government employment status while such
challenge is pending; and
(B) developing and implementing uniform and
consistent policies and procedures to ensure
proper protections during the process for
denying, suspending, or revoking a security
clearance or access to classified information
following a protected disclosure, including the
ability to appeal such a denial, suspension, or
revocation, except that there shall be no
appeal of an agency's suspension of a security
clearance or access determination for purposes
of conducting an investigation, if that
suspension lasts no longer than 1 year or the
head of the agency or a designee of the head of
the agency certifies that a longer suspension
is needed before a final decision on denial or
revocation to prevent imminent harm to the
national security.
(c) Performance of Security Clearance Investigations.--(1)
Notwithstanding any other provision of law, not later than 180
days after the date of the enactment of this Act, the President
shall, in consultation with the head of the entity selected
pursuant to subsection (b), select a single agency of the
executive branch to conduct, to the maximum extent practicable,
security clearance investigations of employees and contractor
personnel of the United States Government who require access to
classified information and to provide and maintain all security
clearances of such employees and contractor personnel. The head
of the entity selected pursuant to subsection (b) may designate
other agencies to conduct such investigations if the head of
the entity selected pursuant to subsection (b) considers it
appropriate for national security and efficiency purposes.
(2) The agency selected under paragraph (1) shall--
(A) take all necessary actions to carry out the
requirements of this section, including entering into a
memorandum of understanding with any agency carrying
out responsibilities relating to security clearances or
security clearance investigations before the date of
the enactment of this Act;
(B) as soon as practicable, integrate reporting of
security clearance applications, security clearance
investigations, and determinations of eligibility for
security clearances, with the database required by
subsection (e); and
(C) ensure that security clearance investigations are
conducted in accordance with uniform standards and
requirements established under subsection (b),
including uniform security questionnaires and financial
disclosure requirements.
(d) Reciprocity of Security Clearance and Access
Determinations.--(1) All security clearance background
investigations and determinations completed by an authorized
investigative agency or authorized adjudicative agency shall be
accepted by all agencies.
(2) All security clearance background investigations
initiated by an authorized investigative agency shall be
transferable to any other authorized investigative agency.
(3)(A) An authorized investigative agency or authorized
adjudicative agency may not establish additional investigative
or adjudicative requirements (other than requirements for the
conduct of a polygraph examination) that exceed requirements
specified in Executive Orders establishing security
requirements for access to classified information without the
approval of the head of the entity selected pursuant to
subsection (b).
(B) Notwithstanding subparagraph (A), the head of the entity
selected pursuant to subsection (b) may establish such
additional requirements as the head of such entity considers
necessary for national security purposes.
(4) An authorized investigative agency or authorized
adjudicative agency may not conduct an investigation for
purposes of determining whether to grant a security clearance
to an individual where a current investigation or clearance of
equal level already exists or has been granted by another
authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection
(b) may disallow the reciprocal recognition of an individual
security clearance by an agency under this section on a case-
by-case basis if the head of the entity selected pursuant to
subsection (b) determines that such action is necessary for
national security purposes.
(6) The head of the entity selected pursuant to subsection
(b) shall establish a review procedure by which agencies can
seek review of actions required under this section.
(e) Database on Security Clearances.--(1) Not later than 12
months after the date of the enactment of this Act, the
Director of the Office of Personnel Management shall, in
cooperation with the heads of the entities selected pursuant to
subsections (b) and (c), establish and commence operating and
maintaining an integrated, secure, database into which
appropriate data relevant to the granting, denial, or
revocation of a security clearance or access pertaining to
military, civilian, or government contractor personnel shall be
entered from all authorized investigative and adjudicative
agencies.
(2) The database under this subsection shall function to
integrate information from existing Federal clearance tracking
systems from other authorized investigative and adjudicative
agencies into a single consolidated database.
(3) Each authorized investigative or adjudicative agency
shall check the database under this subsection to determine
whether an individual the agency has identified as requiring a
security clearance has already been granted or denied a
security clearance, or has had a security clearance revoked, by
any other authorized investigative or adjudicative agency.
(4) The head of the entity selected pursuant to subsection
(b) shall evaluate the extent to which an agency is submitting
information to, and requesting information from, the database
under this subsection as part of a determination of whether to
certify the agency as an authorized investigative agency or
authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection
(b) may authorize an agency to withhold information about
certain individuals from the database under this subsection if
the head of the entity considers it necessary for national
security purposes.
(f) Evaluation of Use of Available Technology in Clearance
Investigations and Adjudications.--(1) The head of the entity
selected pursuant to subsection (b) shall evaluate the use of
available information technology and databases to expedite
investigative and adjudicative processes for all and to verify
standard information submitted as part of an application for a
security clearance.
(2) The evaluation shall assess the application of the
technologies described in paragraph (1) for--
(A) granting interim clearances to applicants at the
secret, top secret, and special access program levels
before the completion of the appropriate full
investigation;
(B) expediting investigations and adjudications of
security clearances, including verification of
information submitted by the applicant;
(C) ongoing verification of suitability of personnel
with security clearances in effect for continued access
to classified information;
(D) use of such technologies to augment periodic
reinvestigations;
(E) assessing the impact of the use of such
technologies on the rights of applicants to verify,
correct, or challenge information obtained through such
technologies; and
(F) such other purposes as the head of the entity
selected pursuant to subsection (b) considers
appropriate.
(3) An individual subject to verification utilizing the
technology described in paragraph (1) shall be notified of such
verification, shall provide consent to such use, and shall have
access to data being verified in order to correct errors or
challenge information the individual believes is incorrect.
(4) Not later than one year after the date of the enactment
of this Act, the head of the entity selected pursuant to
subsection (b) shall submit to the President and the
appropriate committees of Congress a report on the results of
the evaluation, including recommendations on the use of
technologies described in paragraph (1).
(g) Reduction in Length of Personnel Security Clearance
Process.--(1) The head of the entity selected pursuant to
subsection (b) shall, within 90 days of selection under that
subsection, develop, in consultation with the appropriate
committees of Congress and each authorized adjudicative agency,
a plan to reduce the length of the personnel security clearance
process.
(2)(A) To the extent practical the plan under paragraph (1)
shall require that each authorized adjudicative agency make a
determination on at least 90 percent of all applications for a
personnel security clearance within an average of 60 days after
the date of receipt of the completed application for a security
clearance by an authorized investigative agency. Such 60-day
average period shall include--
(i) a period of not longer than 40 days to complete
the investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to complete
the adjudicative phase of the clearance review.
(B) Determinations on clearances not made within 60 days
shall be made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5 years
after the date of the enactment of this Act.
(B) During the period beginning on a date not later than 2
years after the date after the enactment of this Act and ending
on the date on which the plan under paragraph (1) takes effect,
each authorized adjudicative agency shall make a determination
on at least 80 percent of all applications for a personnel
security clearance pursuant to this section within an average
of 120 days after the date of receipt of the application for a
security clearance by an authorized investigative agency. Such
120-day average period shall include--
(i) a period of not longer than 90 days to complete
the investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to complete
the adjudicative phase of the clearance review.
(h) Reports.--(1) Not later than February 15, 2006, and
annually thereafter through 2011, the head of the entity
selected pursuant to subsection (b) shall submit to the
appropriate committees of Congress a report on the progress
made during the preceding year toward meeting the requirements
of this section.
(2) Each report shall include, for the period covered by such
report--
(A) the periods of time required by the authorized
investigative agencies and authorized adjudicative
agencies for conducting investigations, adjudicating
cases, and granting clearances, from date of submission
to ultimate disposition and notification to the subject
and the subject's employer;
(B) a discussion of any impediments to the smooth and
timely functioning of the requirements of this section;
and
(C) such other information or recommendations as the
head of the entity selected pursuant to subsection (b)
considers appropriate.
(i) Authorization of Appropriations.--There is authorized to
be appropriated such sums as may be necessary for fiscal year
2005 and each fiscal year thereafter for the implementation,
maintenance, and operation of the database required by
subsection (e).
(j) Retaliatory Revocation of Security Clearances and Access
Determinations.--
(1) In general.--Agency personnel with authority to
take, direct others to take, recommend, or approve
personnel security clearance or access determinations
shall not take or fail to take, or threaten to take or
fail to take, any action with respect to any employee's
security clearance or access determination in
retaliation for--
(A) any lawful disclosure of information to
the Director of National Intelligence (or an
employee designated by the Director of National
Intelligence for such purpose) or a
supervisorin the employee's direct chain of
command, or a supervisorof the employing agency
with responsibility for the subjectmatter of
the disclosure, up to and including the head of
the employing agency (or employee designated by
the head of that agency for such purpose) by an
employee that the employee reasonably believes
evidences--
(i) a violation of any Federal law,
rule, or regulation; 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 to the Inspector
General of an agency or another employee
designated by the head of the agency to receive
such disclosures, of information which the
employee reasonably believes evidences--
(i) a violation of any Federal law,
rule, or regulation; or
(ii) mismanagement, a gross waste of
funds, an abuse of authority, or a
substantial and specific danger to
public health or safety;
(C) any lawful disclosure that complies
with--
(i) subsections (a)(1), [(d), and (g)
of section 8H] (d), and (h) 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) of the National
Security Act of 1947 (50 U.S.C.
3033(k)(5)); and
(D) if the actions do not result in the
employee or applicant 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) Rule of construction.--Consistent with the
protection of sources and methods, nothing in paragraph
(1) shall be construed to authorize the withholding of
information from Congress or the taking of any
personnel action or clearance action against an
employee who lawfully discloses information to
Congress.
(3) Disclosures.--A disclosure shall not be excluded
from paragraph (1) because--
(A) the disclosure was made to a person,
including a supervisor, who participated in an
activity that the employee reasonably believed
to be covered by paragraph (1)(A)(ii);
(B) the disclosure revealed information that
had been previously disclosed;
(C) the disclosure was not made in writing;
(D) the disclosure was made while the
employee was off duty;
(E) of the amount of time which has passed
since the occurrence of the events described in
the disclosure; or
(F) the disclosure was made during the normal
course of duties of an employee.
(4) Agency adjudication.--
(A) Remedial procedure.--An employee or
former employee who believes that he or she has
been subjected to a reprisal prohibited by
paragraph (1) may, within 90 days (except as
provided by subparagraph (D)) after the
issuance of notice of such decision, appeal
that decision within the agency of that
employee or former employee through proceedings
authorized by subsection (b)(7), except that
there shall be no appeal of an agency's
suspension of a security clearance or access
determination for purposes of conducting an
investigation, if that suspension lasts not
longer than 1 year (or a longer period in
accordance with a certification made under
subsection (b)(7)).
(B) Corrective action.--If, in the course of
proceedings authorized under subparagraph (A),
it is determined that the adverse security
clearance or access determination violated
paragraph (1), the agency shall take specific
corrective action to return the employee or
former employee, as nearly as practicable and
reasonable, to the position such employee or
former employee would have held had the
violation not occurred. Such corrective action
may include back pay and related benefits,
travel expenses, and compensatory damages not
to exceed $300,000.
(C) Contributing factor.--In determining
whether the adverse security clearance or
access determination violated paragraph (1),
the agency shall find that paragraph (1) was
violated if a disclosure described in paragraph
(1) was a contributing factor in the adverse
security clearance or access determination
taken against the individual, unless the agency
demonstrates by a preponderance of the evidence
that it would have taken the same action in the
absence of such disclosure, giving the utmost
deference to the agency's assessment of the
particular threat to the national security
interests of the United States in the instant
matter.
(D) Tolling.--The time requirement
established by subparagraph (A) for an employee
or former employee to appeal the decision of an
agency may be tolled if the employee or former
employee presents substantial credible evidence
showing why the employee or former employee did
not timely initiate the appeal and why the
enforcement of the time requirement would be
unfair, such as evidence showing that the
employee or former employee--
(i) did not receive notice of the
decision; or
(ii) could not timely initiate the
appeal because of factors beyond the
control of the employee or former
employee.
(5) Appellate review of security clearance access
determinations by director of national intelligence.--
(A) Appeal.--Within 60 days after receiving
notice of an adverse final agency determination
under a proceeding under paragraph (4), an
employee or former employee may appeal that
determination in accordance with the procedures
established under subparagraph (B).
(B) Policies and procedures.--The Director of
National Intelligence, in consultation with the
Attorney General and the Secretary of Defense,
shall develop and implement policies and
procedures for adjudicating the appeals
authorized by subparagraph (A).
(C) Congressional notification.--Consistent
with the protection of sources and methods, at
the time the Director of National Intelligence
issues an order regarding an appeal pursuant to
the policies and procedures established by this
paragraph, the Director of National
Intelligence shall notify the congressional
intelligence committees.
(6) Judicial review.--Nothing in this section shall
be construed to permit or require judicial review of
any--
(A) agency action under this section; or
(B) action of the appellate review procedures
established under paragraph (5).
(7) Private cause of action.--Nothing in this section
shall be construed to permit, authorize, or require a
private cause of action to challenge the merits of a
security clearance determination.
(8) Enforcement.--Except as otherwise provided in
this subsection, 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.
(9) Inclusion of contractor employees.--In this
subsection, the term ``employee'' includes an employee
of a contractor, subcontractor, grantee, subgrantee, or
personal services contractor, of an agency. With
respect to such employees, the term ``employing
agency'' shall be deemed to be the contracting agency.
* * * * * * *
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2003
* * * * * * *
TITLE III--GENERAL PROVISIONS
* * * * * * *
Subtitle B--Intelligence
* * * * * * *
SEC. 313. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Establishment.--The Director of National Intelligence
shall establish in the intelligence community an element with
the function of connecting the elements of the intelligence
community engaged in the acquisition, storage, translation, or
analysis of voice or data in digital form.
(b) Designation.--The element established under subsection
(a) shall be known as the National Virtual Translation Center.
(c) Function.--The element established under subsection (a)
shall provide for timely and accurate translations of foreign
intelligence for all elements of the intelligence community
through--
(1) the integration of the translation capabilities
of the intelligence community;
(2) the use of remote-connection capabilities; and
(3) the use of such other capabilities as the
Director considers appropriate.
(d) Administrative Matters.--(1) The Director shall retain
direct supervision and control over the element established
under subsection (a).
(2) The element established under subsection (a) shall
connect elements of the intelligence community utilizing the
most current available information technology that is
applicable to the function of the element.
(3) Personnel of the element established under subsection (a)
may carry out the duties and functions of the element at any
location that--
(A) has been certified as a secure facility by a
department or agency of the United States Government;
or
(B) the Director has otherwise determined to be
appropriate for such duties and functions.
(e) Deadline for Establishment.--The element required by
subsection (a) shall be established as soon as practicable
after the date of the enactment of this Act, but not later than
90 days after that date.
* * * * * * *
Subtitle E--Terrorism
* * * * * * *
SEC. 343. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
(a) Requirement.--(1) Director of National Intelligence
shall--
(A) establish and maintain a list of individuals who
are known or suspected international terrorists, and of
organizations that are known or suspected international
terrorist organizations; and
(B) ensure that pertinent information on the list is
shared with the departments, agencies, and
organizations described by subsection (c).
(2) The list under paragraph (1), and the mechanisms for
sharing information on the list, shall be known as the
``Terrorist Identification Classification System''.
(b) Administration.--(1) The Director shall prescribe
requirements for the inclusion of an individual or organization
on the list required by subsection (a), and for the deletion or
omission from the list of an individual or organization
currently on the list.
(2) The Director shall ensure that the information utilized
to determine the inclusion, or deletion or omission, of an
individual or organization on or from the list is derived from
all-source intelligence.
(3) The Director shall ensure that the list is maintained in
accordance with existing law and regulations governing the
collection, storage, and dissemination of intelligence
concerning United States persons.
(c) Information Sharing.--Subject to section 103(c)(7) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(7)), relating
to the protection of intelligence sources and methods, the
Director shall provide for the sharing of the list, and
information on the list, with such departments and agencies of
the Federal Government, State and local government agencies,
and entities of foreign governments and international
organizations as the Director considers appropriate.
(d) Report on Criteria for Information Sharing.--(1) [Not
later then] Not later than March 1, 2003, the Director shall
submit to the congressional intelligence committees a report
describing the criteria used to determine which types of
information on the list required by subsection (a) are to be
shared, and which types of information are not to be shared,
with various departments and agencies of the Federal
Government, State and local government agencies, and entities
of foreign governments and international organizations.
(2) The report shall include a description of the
circumstances in which the Director has determined that sharing
information on the list with the departments and agencies of
the Federal Government, and of State and local governments,
described by subsection (c) would be inappropriate due to the
concerns addressed by section 103(c)(7) of the National
Security Act of 1947, relating to the protection of sources and
methods, and any instance in which the sharing of information
on the list has been inappropriate in light of such concerns.
(e) System Administration Requirements.--(1) The Director
shall, to the maximum extent practicable, ensure the
interoperability of the Terrorist Identification Classification
System with relevant information systems of the departments and
agencies of the Federal Government, and of State and local
governments, described by subsection (c).
(2) The Director shall ensure that the System utilizes
technologies that are effective in aiding the identification of
individuals in the field.
(f) Report on Status of System.--(1) Not later than one year
after the date of the enactment of this Act, the Director
shall, in consultation with the Director of Homeland Security,
submit to the congressional intelligence committees a report on
the status of the Terrorist Identification Classification
System. The report shall contain a certification on the
following:
(A) Whether the System contains the intelligence
information necessary to facilitate the contribution of
the System to the domestic security of the United
States.
(B) Whether the departments and agencies having
access to the System have access in a manner that
permits such departments and agencies to carry out
appropriately their domestic security responsibilities.
(C) Whether the System is operating in a manner that
maximizes its contribution to the domestic security of
the United States.
(D) If a certification under subparagraph (A), (B),
or (C) is in the negative, the modifications or
enhancements of the System necessary to ensure a future
certification in the positive.
(2) The report shall be submitted in unclassified form, but
may include a classified annex.
(g) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence of
the House of Representatives.
* * * * * * *
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
* * * * * * *
travel, allowances, and related expenses
Sec. 4. (a) Under such regulations as the Director may
prescribe, the Agency, with respect to its officers and
employees assigned to duty stations outside the several States
of the United States of America, excluding Alaska and Hawaii,
but including the District of Columbia, shall--
(1)(A) pay the travel expenses of officers and
employees of the Agency, including expenses incurred
while traveling pursuant to authorized home leave;
(B) pay the travel expenses of members of the family
of an officer or employee of the Agency when proceeding
to or returning from his post of duty; accompanying him
on authorized home leave; or otherwise traveling in
accordance with authority granted pursuant to the terms
of this or any other Act;
(C) pay the cost of transporting the furniture and
household and personal effects of an officer or
employee of the Agency to his successive posts of duty
and, on the termination of his services, to his
residence at time of appointment or to a point not more
distant, or, upon retirement, to the place where he
will reside;
(D) pay the cost of packing and unpacking,
transporting to and from a place of storage, and
storing the furniture and household and personal
effects of an officer or employee of the Agency, when
he is absent from his post of assignment under orders,
or when he is assigned to a post to which he cannot
take or at which he is unable to use such furniture and
household and personal effects, or when it is in the
public interest or more economical to authorize
storage; but in no instance shall the weight or volume
of the effects stored together with the weight or
volume of the effects transported exceed the maximum
limitations fixed by regulations, when not otherwise
fixed by law;
(E) pay the cost of packing and unpacking,
transporting to and from a place of storage, and
storing the furniture and household and personal
effects of an officer or employee of the Agency in
connection with assignment or transfer to a new post,
from the date of his departure from his last post or
from the date of his departure from his place of
residence in the case of a new officer or employee and
for not to exceed three months after arrival at the new
post, or until the establishment of residence quarters,
whichever shall be shorter; and in connection with
separation of an officer or employee of the Agency, the
cost of packing and unpacking, transporting to and from
a place of storage, and storing for a period not to
exceed three months, his furniture and household and
personal effects; but in no instance shall the weight
or volume of the effects stored together with the
weight or volume of the effects transported exceed the
maximum limitations fixed by regulations, when not
otherwise fixed by law[.]; and
(F) pay the travel expenses and transportation costs
incident to the removal of the members of the family of
an officer or employee of the Agency and his furniture
and household and personal effects, including
automobiles, from a post at which, because of the
prevalence of disturbed conditions, there is imminent
danger to life and property, and the return of such
persons, furniture, and effects to such post upon the
cessation of such conditions; or to such other post as
may in the meantime have become the post to which such
officer or employee has been assigned.
(2) Charge expenses in connection with travel of
personnel, their dependents, and transportation of
their household goods and personal effects, involving a
change of permanent station, to the appropriation for
the fiscal year current when any part of either the
travel or transportation pertaining to the transfer
begins pursuant to previously issued travel and
transfer orders, notwithstanding the fact that such
travel or transportation may not all be effected during
such fiscal year, or the travel and transfer orders may
have been issued during the prior fiscal year.
(3)(A) Order to any of the several States of the
United States of America (including the District of
Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States) on leave
of absence each officer or employee of the Agency who
was a resident of the United States (as described
above) at time of employment, upon completion of two
years' continuous service abroad, or as soon as
possible thereafter.
(B) While in the United States (as described in
paragraph (3)(A) of this section) on leave, the service
of any officer or employee shall be available for work
or duties in the Agency or elsewhere as the Director
may prescribe; and the time of such work or duty shall
not be counted as leave.
(C) Where an officer or employee on leave returns to
the United States (as described in paragraph (3)(A) of
this section), leave of absence granted shall be
exclusive of the time actually and necessarily occupied
in going to and from the United States (as so
described) and such time as may be necessarily occupied
in awaiting transportation.
(4) Notwithstanding the provisions of any other law,
transport for or on behalf of an officer or employee of
the Agency, a privately owned motor vehicle in any case
in which it shall be determined that water, rail, or
air transportation of the motor vehicle is necessary or
expedient for all or any part of the distance between
points of origin and destination, and pay the costs of
such transportation. Not more than one motor vehicle of
any officer or employee of the Agency may be
transported under authority of this paragraph during
any four-year period, except that, as replacement for
such motor vehicle, one additional motor vehicle of any
such officer or employee may be so transported during
such period upon approval, in advance, by the Director
and upon a determination, in advance, by the Director
that such replacement is necessary for reasons beyond
the control of the officer or employee and is in the
interest of the Government. After the expiration of a
period of four years following the date of
transportation under authority of this paragraph of a
privately owned motor vehicle of any officer or
employee who has remained in continuous service outside
the several States of the United States of America,
excluding Alaska and Hawaii, but including the District
of Columbia, during such period, the transportation of
a replacement for such motor vehicle for such officer
or employee may be authorized by the Director in
accordance with this paragraph.
(5)(A) In the event of illness or injury requiring
the hospitalization of an officer or full time employee
of the Agency, incurred while on assignment abroad, in
a locality where there does not exist a suitable
hospital or clinic, pay the travel expenses of such
officer or employee by whatever means the Director
deems appropriate and without regard to the
Standardized Government Travel Regulations and section
5731 of title 5, United States Code, to the nearest
locality where a suitable hospital or clinic exists and
on the recovery of such officer or employee pay for the
travel expenses of the return to the post of duty of
such officer or employee of duty. If the officer or
employee is too ill to travel unattended, the Director
may also pay the travel expenses of an attendant;
(B) Establish a first-aid station and provide for the
services of a nurse at a post at which, in the opinion
of the Director, sufficient personnel is employed to
warrant such a station: Provided, That, in the opinion
of the Director, it is not feasible to utilize an
existing facility;
(C) In the event of illness or injury requiring
hospitalization of an officer or full time employee of
the Agency incurred in the line of duty while such
person is assigned abroad, pay for the cost of the
treatment of such illnesss or injury at a suitable
hospital or clinic;
(D) Provide for the periodic physical examination of
officers and employees of the Agency and for the cost
of administering inoculations or vaccinations to such
officers or employees.
(6) Pay the costs of preparing and transporting the
remains of an officer or employee of the Agency or a
member of his family who may die while in travel status
or abroad, to his home or official station, or to such
other place as the Director may determine to be the
appropriate place of interment, provided that in no
case shall the expense payable be greater than the
amount which would have been payable had the
destination been the home or official station.
(7) Pay the costs of travel of new appointees and
their dependents, and the transportation of their
household goods and personal effects, from places of
actual residence in foreign countries at time of
appointment to places of employment and return to their
actual residences at the time of appointment or a point
not more distant: Provided, That such appointees agree
in writing to remain with the United States Government
for a period of not less than twelve months from the
time of appointment.
Violation of such agreement for personal convenience
of an employee or because of separation for misconduct
will bar such return payments and, if determined by the
Director or his designee to be in the best interests of
the United States, any money expended by the United
States on account of such travel and transportation
shall be considered as a debt due by the individual
concerned to the United States.
(b)(1) The Director may pay to officers and employees of the
Agency, and to persons detailed or assigned to the Agency from
other agencies of the Government or from the Armed Forces,
allowances and benefits comparable to the allowances and
benefits authorized to be paid to members of the Foreign
Service under chapter 9 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law.
(2) The Director may pay allowances and benefits related to
officially authorized travel, personnel and physical security
activities, operational activities, and cover-related
activities (whether or not such allowances and benefits are
otherwise authorized under this section or any other provision
of law) when payment of such allowances and benefits is
necessary to meet the special requirements of work related to
such activities. Payment of allowances and benefits under this
paragraph shall be in accordance with regulations prescribed by
the Director. Rates for allowances and benefits under this
paragraph may not be set at rates in excess of those
[authorized by section] authorized by sections 5724 and 5724a
of title 5, United States Code, when reimbursement is provided
for relocation attributable, in whole or in part, to relocation
within the United States.
(3) Notwithstanding any other provision of this section or
any other provision of law relating to the officially
authorized travel of Government employees, the Director, in
order to reflect Agency requirements not taken into account in
the formulation of Government-wide travel procedures, may by
regulation--
(A) authorize the travel of officers and employees of
the Agency, and of persons detailed or assigned to the
Agency from other agencies of the Government or from
the Armed Forces who are engaged in the performance of
intelligence functions, and
(B) provide for payment for such travel, in classes
of cases, as determined by the Director, in which such
travel is important to the performance of intelligence
functions.
(4) Members of the Armed Forces may not receive benefits
under both this section and title 37, United States Code, for
the same purpose. The Director and Secretary of Defense shall
prescribe joint regulations to carry out the preceding
sentence.
(5) Regulations, other than regulations under paragraph (1),
issued pursuant to this subsection shall be submitted to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate before such regulations take effect.
* * * * * * *
Sec. 6. In the interests of the security of the foreign
intelligence activities of the United States and in order
further to implement section 102A(i) of the National Security
Act of 1947 that the Director of National Intelligence shall be
responsible for protecting intelligence sources and methods
from unauthorized disclosure, the Agency shall be exempted from
the provisions of sections 1 and 2, chapter 795 of the Act of
August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654), and the
provisions of any other laws which require the publication or
disclosure of the organization or functions of the Agency, [or
of the, names] or of the names, official titles, salaries, or
numbers of personnel employed by the Agency: Provided, That in
furtherance of this section, the Director of the Office of
Management and Budget shall make no reports to the Congress in
connection with the Agency under section 607, title VI, chapter
212 of the Act of June 30, 1945, as amended (5 U.S.C. 947(b)).
* * * * * * *
Gifts, devises, and bequests
Sec. 12. (a)(1) Subject to the provisions of this section,
the Director may accept, hold, administer, and use gifts of
money, securities, or other property whenever the Director
determines it would be in the interest of the United States to
do so.
(2) Any gift accepted by the Director as a gift to the Agency
under this subsection (and any income produced by any such
gift)--
(A) may be [used only for--''] used only for--
(i) artistic display;
(ii) purposes relating to the general
welfare, education, or recreation of employees
or dependents of employees of the Agency or for
similar purposes; or
(iii) purposes relating to the welfare,
education, or recreation of an individual
described in paragraph (3); and
(B) under no circumstances may such a gift (or any
income produced by any such gift) be used for
operational purposes.
(3) An individual described in this paragraph is an
individual who--
(A) is an employee or a former employee of the Agency
who suffered injury or illness while employed by the
Agency that--
(i) resulted from hostile or terrorist
activities;
(ii) occurred in connection with an
intelligence activity having a significant
element of risk; or
(iii) occurred under other circumstances
determined by the Director to be analogous to
the circumstances described in clause (i) or
(ii);
(B) is a family member of such an employee or former
employee; or
(C) is a surviving family member of an employee of
the Agency who died in circumstances described in
clause (i), (ii), or (iii) of subparagraph (A).
(4) The Director may not accept any gift under this section
that is expressly conditioned upon any expenditure not to be
met from the gift itself or from income produced by the gift
unless such expenditure has been authorized by law.
(5) The Director may, in the Director's discretion, determine
that an individual described in subparagraph (A) or (B) of
paragraph (3) may accept a gift for the purposes described in
paragraph (2)(A)(iii).
(b) Unless otherwise restricted by the terms of the gift, the
Director may sell or exchange, or invest or reinvest, any
property which is accepted under subsection (a), but any such
investment may only be in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal
and interest by the United States.
(c) There is hereby created on the books of the Treasury of
the United States a fund into which gifts of money, securities,
and other intangible property accepted under the authority of
subsection (a), and the earnings and proceeds thereof, shall be
deposited. The assets of such fund shall be disbursed upon the
order of the Director for the purposes specified in subsection
(a) or (b).
(d) For purposes of Federal income, estate, and gift taxes,
gifts accepted by the Director under subsection (a) shall be
considered to be to or for the use of the United States.
(e) For the purposes of this section, the term ``gift''
includes a bequest or devise.
(f)(1) The Director may engage in fundraising in an official
capacity for the benefit of nonprofit organizations that
provide support to surviving family members of deceased Agency
employees or that otherwise provide support for the welfare,
education, or recreation of Agency employees, former Agency
employees, or their family members.
(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 the date that is 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 Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives of the
fundraising.
(g) The Director, in consultation with the Director of the
Office of Government Ethics, shall issue regulations to carry
out the authority provided in this section. Such regulations
shall ensure that such authority is exercised consistent with
all relevant ethical constraints and principles, including--
(1) the avoidance of any prohibited conflict of
interest or appearance of impropriety; and
(2) a prohibition against the acceptance of a gift
from a foreign government or an agent of a foreign
government.
* * * * * * *
SEC. 17. INSPECTOR GENERAL FOR THE AGENCY.
(a) Purpose; Establishment.--In order to--
(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently inspections, investigations, and
audits relating to programs and operations of the
Agency;
(2) provide leadership and recommend policies
designed to promote economy, efficiency, and
effectiveness in the administration of such programs
and operations, and detect fraud and abuse in such
programs and operations;
(3) provide a means for keeping the Director fully
and currently informed about problems and deficiencies
relating to the administration of such programs and
operations, and the necessity for and the progress of
corrective actions; and
(4) in the manner prescribed by this section, ensure
that the Senate Select Committee on Intelligence and
the House Permanent Select Committee on Intelligence
(hereafter in this section referred to collectively as
the ``intelligence committees'') are kept similarly
informed of significant problems and deficiencies as
well as the necessity for and the progress of
corrective actions,
there is hereby established in the Agency an Office of
Inspector General (hereafter in this section referred to as the
``Office'').
(b) Appointment; Supervision; Removal.--(1) There shall be at
the head of the Office an Inspector General who shall be
appointed by the President, by and with the advice and consent
of the Senate. This appointment shall be made without regard to
political affiliation and shall be on the basis of integrity
and demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigation. Such appointment shall also be made on the basis
of compliance with the security standards of the Agency and
prior experience in the field of foreign intelligence.
(2) The Inspector General shall report directly to and be
under the general supervision of the Director.
(3) The Director may prohibit the Inspector General from
initiating, carrying out, or completing any audit, inspection,
or investigation if the Director determines that such
prohibition is necessary to protect vital national security
interests of the United States.
(4) If the Director exercises any power under paragraph (3),
he shall submit an appropriately classified statement of the
reasons for the exercise of such power within seven days to the
intelligence committees. The Director shall advise the
Inspector General at the time such report is submitted, and, to
the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a copy
of any such report. In such cases, the Inspector General may
submit such comments to the intelligence committees that he
considers appropriate.
(5) In accordance with section 535 of title 28, United States
Code, the Inspector General shall report to the Attorney
General any information, allegation, or complaint received by
the Inspector General relating to violations of Federal
criminal law that involve a program or operation of the Agency,
consistent with such guidelines as may be issued by the
Attorney General pursuant to subsection (b)(2) of such section.
A copy of all such reports shall be furnished to the Director.
(6)(A) The Inspector General may be removed from office only
by the President. The President shall communicate in writing to
the intelligence committees the substantive rationale,
including detailed and case-specific reasons, for any such
removal not later than 30 days prior to the effective date of
such removal. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law, other
than transfer or removal.
(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or
transfer of the Inspector General under subparagraph
(A), the written communication required under that
subparagraph shall--
(i) identify each entity that is conducting,
or that conducted, the inquiry; and
(ii) in the case of a completed inquiry,
contain the findings made during the inquiry.
(7)(A) Subject to the other provisions of this
paragraph, only the President may place the Inspector
General on nonduty status.
(B) If the President places the Inspector General on
nonduty status, the President shall communicate in
writing the substantive rationale, including detailed
and case-specific reasons, for the change in status to
the congressional intelligence committees not later
than 15 days before the date on which the change in
status takes effect, except that the President may
submit that communication not later than the date on
which the change in status takes effect if--
(i) the President has made a determination
that the continued presence of the Inspector
General in the workplace poses a threat
described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United
States Code; and
(ii) in the communication, the President
includes a report on the determination
described in clause (i), which shall include--
(I) a specification of which clause
of section 6329b(b)(2)(A) of title 5,
United States Code, the President has
determined applies under clause (i);
(II) the substantive rationale,
including detailed and case-specific
reasons, for the determination made
under clause (i);
(III) an identification of each
entity that is conducting, or that
conducted, any inquiry upon which the
determination under clause (i) was
made; and
(IV) in the case of an inquiry
described in subclause (III) that is
completed, the findings made during
that inquiry.
(C) The President may not place the Inspector General
on non-duty status during the 30-day period preceding
the date on which the Inspector General is removed or
transferred under paragraph (6)(A) unless the
President--
(i) has made a determination that the
continued presence of the Inspector General in
the workplace poses a threat described in any
of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code;
and
(ii) not later than the date on which the
change in status takes effect, submits to the
congressional intelligence committees a written
communication that contains the information
required under subparagraph (B), including the
report required under clause (ii) of that
subparagraph.
(8)(A) In this subsection, the term ``first assistant
to the position of Inspector General'' has the meaning
given in section 3 of the Inspector General Act of 1978
(5 U.S.C. App.).
(B) If the Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of
the position--
(i) section 3345(a) of title 5, United States
Code shall not apply;
(ii) subject to subparagraph (D), the first
assistant to the position of Inspector General
shall perform the functions and duties of the
Inspector General temporarily in an acting
capacity subject to the time limitations of
section 3346 of title 5, United States Code;
and
(iii) notwithstanding clause (ii), and
subject to subparagraphs (D) and (E), the
President (and only the President) may direct
an officer or employee of any Office of an
Inspector General to perform the functions and
duties of the Inspector General temporarily in
an acting capacity subject to the time
limitations of section 3346 of title 5, United
States Code, only if--
(I) during the 365-day period
preceding the date of death,
resignation, or beginning of inability
to serve of the Inspector General, the
officer or employee served in a
position in an Office of an Inspector
General for not less than 90 days,
except that--
(aa) the requirement under
this subclause shall not apply
if the officer is an Inspector
General; and
(bb) for the purposes of this
clause, performing the
functions and duties of an
Inspector General temporarily
in an acting capacity does not
qualify as service in a
position in an Office of an
Inspector General;
(II) the rate of pay for the position
of the officer or employee described in
subclause (I) is equal to or greater
than the minimum rate of pay payable
for a position at GS-15 of the General
Schedule;
(III) the officer or employee has
demonstrated ability in accounting,
auditing, financial analysis, law,
management analysis, public
administration, or investigations; and
(IV) not later than 30 days before
the date on which the direction takes
effect, the President communicates in
writing to the congressional
intelligence committees the substantive
rationale, including the detailed and
case-specific reasons, for such
direction, including the reason for the
direction that someone other than the
individual who is performing the
functions and duties of the Inspector
General temporarily in an acting
capacity (as of the date on which the
President issues that direction)
perform those functions and duties
temporarily in an acting capacity.
(C) Notwithstanding section 3345(a) of title 5,
United States Code and clauses (ii) and (iii) of
subparagraph (B), and subject to subparagraph (D),
during any period in which the Inspector General is on
nonduty status--
(i) the first assistant to the position of
Inspector General shall perform the functions
and duties of the position temporarily in an
acting capacity subject to the time limitations
of section 3346 of title 5, United States Code;
and
(ii) if the first assistant described in
clause (i) dies, resigns, or becomes otherwise
unable to perform those functions and duties,
the President (and only the President) may
direct an officer or employee in the Office of
Inspector General to perform those functions
and duties temporarily in an acting capacity,
subject to the time limitations of section 3346
of title 5, United States Code, if--
(I) that direction satisfies the
requirements under subclauses (II),
(III), and (IV) of subparagraph
(B)(iii); and
(II) that officer or employee served
in a position in that Office of
Inspector General for not fewer than 90
of the 365 days preceding the date on
which the President makes that
direction.
(D) An individual may perform the functions and
duties of the Inspector General temporarily and in an
acting capacity under clause (ii) or (iii) of
subparagraph (B), or under subparagraph (C), with
respect to only 1 Inspector General position at any
given time.
(E) If the President makes a direction under
subparagraph (B)(iii), during the 30-day period
preceding the date on which the direction of the
President takes effect, the functions and duties of the
position of the Inspector General shall be performed
by--
(i) the first assistant to the position of
Inspector General; or
(ii) the individual performing those
functions and duties temporarily in an acting
capacity, as of the date on which the President
issues that direction, if that individual is an
individual other than the first assistant to
the position of Inspector General.
(c) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General appointed under this
section--
(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
inspections, investigations, and audits relating to the
programs and operations of the Agency to ensure they
are conducted efficiently and in accordance with
applicable law and regulations;
(2) to keep the Director fully and currently informed
concerning violations of law and regulations, fraud and
other serious problems, abuses and deficiencies that
may occur in such programs and operations, and to
report the progress made in implementing corrective
action;
(3) to take due regard for the protection of
intelligence sources and methods in the preparation of
all reports issued by the Office, and, to the extent
consistent with the purpose and objective of such
reports, take such measures as may be appropriate to
minimize the disclosure of intelligence sources and
methods described in such reports; and
(4) in the execution of his responsibilities, to
comply with generally accepted government auditing
standards.
(d) Semiannual Reports; Immediate Reports of Serious or
Flagrant Problems; Reports of Functional Problems; Reports to
Congress on Urgent Concerns.--(1) The Inspector General shall,
not later than October 31 and April 30 of each year, prepare
and submit to the Director a classified semiannual report
summarizing the activities of the Office during the immediately
preceding six-month periods ending September 30 and March 31,
respectively. Not later than 30 days after the date of the
receipt of such reports, the Director shall transmit such
reports to the intelligence committees with any comments he may
deem appropriate. Such reports shall, at a minimum, include a
list of the title or subject of each inspection, investigation,
review, or audit conducted during the reporting period and--
(A) a description of significant problems, abuses,
and deficiencies relating to the administration of
programs and operations of the Agency identified by the
Office during the reporting period;
(B) a description of the recommendations for
corrective action made by the Office during the
reporting period with respect to significant problems,
abuses, or deficiencies identified in subparagraph (A);
(C) a statement of whether corrective action has been
completed on each significant recommendation described
in previous semiannual reports, and, in a case where
corrective action has been completed, a description of
such corrective action;
(D) a certification that the Inspector General has
had full and direct access to all information relevant
to the performance of his functions;
(E) a description of the exercise of the subpoena
authority under subsection (e)(5) by the Inspector
General during the reporting period; and
(F) such recommendations as the Inspector General may
wish to make concerning legislation to promote economy
and efficiency in the administration of programs and
operations undertaken by the Agency, and to detect and
eliminate fraud and abuse in such programs and
operations.
(2) The Inspector General shall report immediately to the
Director whenever he becomes aware of particularly serious or
flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations. The Director shall
transmit such report to the intelligence committees within
seven calendar days, together with any comments he considers
appropriate.
(3) In the event that--
(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution
of the Inspector General's duties or responsibilities;
(B) an investigation, inspection, or audit carried
out by the Inspector General should focus on any
current or former Agency official who--
(i) holds or held a position in the Agency
that is subject to appointment by the
President, by and with the advice and consent
of the Senate, including such a position held
on an acting basis; or
(ii) holds or held the position in the
Agency, including such a position held on an
acting basis, of--
(I) Deputy Director;
(II) Associate Deputy Director;
(III) Director of the National
Clandestine Service;
(IV) Director of Intelligence;
(V) Director of Support; or
(VI) Director of Science and
Technology.
(C) a matter requires a report by the Inspector
General to the Department of Justice on possible
criminal conduct by a current or former Agency official
described or referred to in subparagraph (B);
(D) the Inspector General receives notice from the
Department of Justice declining or approving
prosecution of possible criminal conduct of any of the
officials described in subparagraph (B); or
(E) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an
investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a
report on such matter to the intelligence committees.
(4) Pursuant to Title V of the National Security Act of 1947,
the Director shall submit to the intelligence committees any
report or findings and recommendations of an inspection,
investigation, or audit conducted by the office which has been
requested by the Chairman or Ranking Minority Member of either
committee.
(5)(A) An employee of the Agency, or of a contractor to the
Agency, who intends to report to Congress a complaint or
information with respect to an urgent concern may report such
complaint or information to the Inspector General.
(B)(i) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the Inspector
General shall determine whether the complaint or information
appears credible. Upon making such a determination, the
Inspector General shall transmit to the Director notice of that
determination, together with the complaint or information.
(ii) If the Director determines that a complaint or
information transmitted under paragraph (1) would create a
conflict of interest for the Director, the Director shall
return the complaint or information to the Inspector General
with that determination and the Inspector General shall make
the transmission to the Director of National Intelligence. In
such a case, the requirements of this subsection for the
Director of the Central Intelligence Agency apply to the
Director of National Intelligence.
(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within 7 calendar
days of such receipt, forward such transmittal to the
intelligence committees, together with any comments the
Director considers appropriate.
(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under subparagraph
(B), the employee (subject to clause (ii)) may submit the
complaint or information to Congress by contacting either or
both of the intelligence committees directly.
(ii) The employee may contact the intelligence committees
directly as described in clause (i) only if the employee--
(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of
the employee's complaint or information and notice of
the employee's intent to contact the intelligence
committees directly; and
(II) obtains and follows from the Director, through
the Inspector General, direction on how to contact the
intelligence committees in accordance with appropriate
security practices.
(iii) A member or employee of one of the intelligence
committees who receives a complaint or information under clause
(i) does so in that member or employee's official capacity as a
member or employee of that committee.
(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this paragraph
with respect to the complaint or information. Such notice shall
be provided not later than 3 days after any such action is
taken.
(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
(G)(i) In this paragraph:
(I) The term ``urgent concern'' means any of the
following:
(aa) A serious or flagrant problem, abuse,
violation of law or Executive order, or
deficiency relating to the funding,
administration, or operations of an
intelligence activity of the Federal Government
that is--
(AA) a matter of national security;
and
(BB) not a difference of opinion
concerning public policy matters.
(bb) A false statement to Congress, or a
willful withholding from Congress, on an issue
of material fact relating to the funding,
administration, or operation of an intelligence
activity.
(cc) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5,
United States Code, constituting reprisal or
threat of reprisal prohibited under subsection
(e)(3)(B) in response to an employee's
reporting an urgent concern in accordance with
this paragraph.
(II) The term ``intelligence committees'' means the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate.
(ii) Within the executive branch, the Inspector General shall
have sole authority to determine whether any complaint or
information reported to the Inspector General is a matter of
urgent concern under this paragraph.
(H) An individual who has submitted a complaint or
information to the Inspector General under this section may
notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select
Committee on Intelligence of the Senate, or a staff member of
either such Committee, of the fact that such individual has
made a submission to the Inspector General, and of the date on
which such submission was made.
(e) Authorities of the Inspector General.--(1) The Inspector
General shall have direct and prompt access to the Director
when necessary for any purpose pertaining to the performance of
his duties.
(2) The Inspector General shall have access to any employee
or any employee of a contractor of the Agency whose testimony
is needed for the performance of his duties. In addition, he
shall have direct access to all records, reports, audits,
reviews, documents, papers, recommendations, or other material
which relate to the programs and operations with respect to
which the Inspector General has responsibilities under this
section. Failure on the part of any employee or contractor to
cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director, to include
loss of employment or the termination of an existing
contractual relationship.
(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial and
specific danger to the public health and safety. Once such
complaint or information has been received from an employee of
the Agency--
(A) the Inspector General shall not disclose the
identity of the employee without the consent of the
employee, unless the Inspector General determines that
such disclosure is unavoidable during the course of the
investigation or the disclosure is made to an official
of the Department of Justice responsible for
determining whether a prosecution should be undertaken;
and
(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint or providing such
information may be taken by any employee of the Agency
in a position to take such actions, unless the
complaint was made or the information was disclosed
with the knowledge that it was false or with willful
disregard for its truth or falsity.
(4) The Inspector General shall have authority to administer
to or take from any person an oath, affirmation, or affidavit,
whenever necessary in the performance of his duties, [which
oath affirmation, or affidavit] which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office designated by the Inspector General shall have
the same force and effect as if administered or taken by or
before an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of
all information, documents, reports, answers, records,
accounts, papers, and other data in any medium (including
electronically stored information or any tangible thing) and
documentary evidence necessary in the performance of the duties
and responsibilities of the Inspector General.
(B) In the case of Government agencies, the Inspector General
shall obtain information, documents, reports, answers, records,
accounts, papers, and other data and evidence for the purpose
specified in subparagraph (A) using procedures other than by
subpoenas.
(C) The Inspector General may not issue a subpoena for or on
behalf of any other element or component of the Agency.
(D) In the case of contumacy or refusal to obey a subpoena
issued under this paragraph, the subpoena shall be enforceable
by order of any appropriate district court of the United
States.
(6) The Inspector General shall be provided with appropriate
and adequate office space at central and field office
locations, together with such equipment, office supplies,
maintenance services, and communications facilities and
services as may be necessary for the operation of such offices.
(7)(A) Subject to applicable law and the policies of the
Director, the Inspector General shall select, appoint and
employ such officers and employees as may be necessary to carry
out his functions. In making such selections, the Inspector
General shall ensure that such officers and employees have the
requisite training and experience to enable him to carry out
his duties effectively. In this regard, the Inspector General
shall create within his organization a career cadre of
sufficient size to provide appropriate continuity and
objectivity needed for the effective performance of his duties.
(B) Consistent with budgetary and personnel resources
allocated by the Director, the Inspector General has final
approval of--
(i) the selection of internal and external candidates
for employment with the Office of Inspector General;
and
(ii) all other personnel decisions concerning
personnel permanently assigned to the Office of
Inspector General, including selection and appointment
to the Senior Intelligence Service, but excluding all
security-based determinations that are not within the
authority of a head of other Central Intelligence
Agency offices.
(C)(i) The Inspector General may designate an officer or
employee appointed in accordance with subparagraph (A) as a law
enforcement officer solely for purposes of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code, if
such officer or employee is appointed to a position with
responsibility for investigating suspected offenses against the
criminal laws of the United States.
(ii) In carrying out clause (i), the Inspector General shall
ensure that any authority under such clause is exercised in a
manner consistent with section 3307 of title 5, United States
Code, as it relates to law enforcement officers.
(iii) For purposes of applying sections 3307(d), 8335(b), and
8425(b) of title 5, United States Code, the Inspector General
may exercise the functions, powers, and duties of an agency
head or appointing authority with respect to the Office.
(8)(A) The Inspector General shall--
(i) appoint a Counsel to the Inspector General who
shall report to the Inspector General; or
(ii) obtain the services of a counsel appointed by
and directly reporting to another Inspector General or
the Council of the Inspectors General on Integrity and
Efficiency on a reimbursable basis.
(B) The counsel appointed or obtained under subparagraph (A)
shall perform such functions as the Inspector General may
prescribe.
(9)(A) The Inspector General may request such information or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General provided by this
section from any Federal, State, or local governmental agency
or unit thereof.
(B) Upon request of the Inspector General for information or
assistance from a department or agency of the Federal
Government, the head of the department or agency involved,
insofar as practicable and not in contravention of any existing
statutory restriction or regulation of such department or
agency, shall furnish to the Inspector General, or to an
authorized designee, such information or assistance.
(C) Nothing in this paragraph may be construed to provide any
new authority to the Central Intelligence Agency to conduct
intelligence activity in the United States.
(D) In this paragraph, the term ``State'' means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
and any territory or possession of the United States.
(f) Separate Budget Account.--(1) Beginning with fiscal year
1991, and in accordance with procedures to be issued by the
Director of National Intelligence in consultation with the
intelligence committees, the Director of National Intelligence
shall include in the National Intelligence Program budget a
separate account for the Office of Inspector General
established pursuant to this section.
(2) For each fiscal year, the Inspector General shall
transmit a budget estimate and request through the Director to
the Director of National Intelligence that specifies for such
fiscal year--
(A) the aggregate amount requested for the operations
of the Inspector General;
(B) the amount requested for all training
requirements of the Inspector General, including a
certification from the Inspector General that the
amount requested is sufficient to fund all training
requirements for the Office; and
(C) the amount requested to support the Council of
the Inspectors General on Integrity and Efficiency,
including a justification for such amount.
(3) In transmitting a proposed budget to the President for a
fiscal year, the Director of National Intelligence shall
include for such fiscal year--
(A) the aggregate amount requested for the Inspector
General of the Central Intelligence Agency;
(B) the amount requested for Inspector General
training;
(C) the amount requested to support the Council of
the Inspectors General on Integrity and Efficiency; and
(D) the comments of the Inspector General, if any,
with respect to such proposed budget.
(4) The Director of National Intelligence shall submit to the
Committee on Appropriations and the Select Committee on
Intelligence of the Senate and the Committee on Appropriations
and the Permanent Select Committee on Intelligence of the House
of Representatives for each fiscal year--
(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (2);
(B) the amount requested by the Director of National
Intelligence for the Inspector General pursuant to
paragraph (3)(A);
(C) the amount requested by the Director of National
Intelligence for training of personnel of the Office of
the Inspector General pursuant to paragraph (3)(B);
(D) the amount requested by the Director of National
Intelligence for support for the Council of the
Inspectors General on Integrity and Efficiency pursuant
to paragraph (3)(C); and
(E) the comments of the Inspector General under
paragraph (3)(D), if any, on the amounts requested
pursuant to paragraph (3), including whether such
amounts would substantially inhibit the Inspector
General from performing the duties of the Office.
(g) Transfer.--There shall be transferred to the Office the
office of the Agency referred to as the ``Office of Inspector
General.'' The personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, or available to such ``Office of Inspector
General'' are hereby transferred to the Office established
pursuant to this section.
(h) Information on Website.--(1) The Director of the Central
Intelligence Agency shall establish and maintain on the
homepage of the Agency's publicly accessible website
information relating to the Office of the Inspector General
including methods to contact the Inspector General.
(2) The information referred to in paragraph (1) shall be
obvious and facilitate accessibility to the information related
to the Office of the Inspector General.
(i) Quarterly Employee Engagement Summaries.--(1) Not later
than 30 days after the last day of each fiscal quarter, the
Inspector General shall provide to the appropriate
congressional committees a summary of the engagement of Agency
employees with the Inspector General during that quarter.
(2) Each summary required under paragraph (1) shall include
each of the following for the quarter covered by the summary:
(A) The total number of reports filed with the
Inspector General by Agency employees.
(B) An identification of the nature of the allegation
made in each such report, such as--
(i) fraud, waste, and abuse;
(ii) harassment or other personnel issues;
(iii) questionable intelligence activities;
or
(iv) threats to health and safety.
(C) For each such report--
(i) whether an investigation was initiated
because of the report;
(ii) for any such investigation, whether the
status of the investigation is initiated, in
progress, or complete; and
(iii) for any completed investigation,
whether the allegation made in the report was
found to be substantiated or unsubstantiated,
and whether any recommendations or criminal
referrals were made as a result.
(D) A copy of any audit, assessment, inspection, or
other final report completed by the Inspector General
during the quarter covered by the summary.
(3) In this subsection, the term ``appropriate congressional
committees'' means--
(A) the Permanent Select Committee on Intelligence
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate.
* * * * * * *
special rules for disability retirement and death-in-service benefits
with respect to certain employees
Sec. 19. (a) Officers and Employees To Whom CIARDS Section
231 Rules Apply.--Notwithstanding any other provision of law,
an officer or employee of the Central Intelligence Agency
subject to retirement system coverage under subchapter III of
chapter 83 of title 5, United States Code, who--
(1) has five years of civilian service credit toward
retirement under such subchapter III of chapter 83,
title 5, United States Code;
(2) has not been designated under section 203 of the
Central Intelligence Agency Retirement Act (50 U.S.C.
403 note)[, as a participant] as a participant in the
Central Intelligence Agency Retirement and Disability
System;
(3) has become disabled during a period of assignment
to the performance of duties that are qualifying toward
such designation under such section 203; and
(4) satisfies the requirements for disability
retirement under section 8337 of title 5, United States
Code--
shall, upon his own application or upon order of the Director,
be retired on an annuity computed in accordance with the rules
prescribed in section 231 of such Act, in lieu of an annuity
computed as provided by section 8337 of title 5, United States
Code.
(b) Survivors of Officers and Employees To Whom CIARDS
Section 232 Rules Apply.--Notwithstanding any other provision
of law, in the case of an officer or employee of the Central
Intelligence Agency subject to retirement system coverage under
subchapter III of chapter 83, title 5, United States Code,
who--
(1) has at least eighteen months of civilian service
credit toward retirement under such subchapter III of
chapter 83, title 5, United States Code;
(2) has not been designated under section 203 of the
Central Intelligence Agency Retirement Act (50 U.S.C.
2013), as a participant in the Central Intelligence
Agency Retirement and Disability System;
(3) prior to separation or retirement from the
Agency, dies during a period of assignment to the
performance of duties that are qualifying toward such
designation under such section 203; and
(4) is survived by a widow or widower, former spouse,
and/or a child or children as defined in section 204
and section 232 of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees, who would
otherwise be entitled to an annuity under section 8341
of title 5, United States Code--
such surviving spouse, former spouse, or child of such officer
or employee shall be entitled to an annuity computed in
accordance with section 232 of such Act, in lieu of an annuity
computed in accordance with section 8341 of title 5, United
States Code.
(c) Annuities Under This Section Deemed Annuities Under
CSRS.--The annuities provided under subsections (a) and (b) of
this section shall be deemed to be annuities under chapter 83
of title 5, United States Code, for purposes of the other
provisions of such chapter and other laws (including the
Internal Revenue Code of 1986) relating to such annuities, and
shall be payable from the Central Intelligence Agency
Retirement and Disability Fund maintained pursuant to section
202 of the Central Intelligence Agency Retirement Act.
SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF
WAR, INSURGENCY, HOSTILE ACT, TERRORIST ACTIVITIES,
OR INCIDENTS DESIGNATED BY THE DIRECTOR.
(a) Definitions.--In this section:
(1) Covered dependent.--The term ``covered
dependent'' means a family member (as defined by the
Director) of a covered employee who, on or after
September 11, 2001--
(A) accompanies the covered employee to an
assigned duty station in a foreign country; and
(B) becomes injured by reason of a qualifying
injury.
(2) Covered employee.--The term ``covered employee''
means an officer or employee of the Central
Intelligence Agency who, on or after September 11,
2001, becomes injured by reason of a qualifying injury.
(3) Covered individual.--The term ``covered
individual'' means an individual who--
(A)(i) is detailed to the Central
Intelligence Agency from other agencies of the
United States Government or from the Armed
Forces; or
(ii) is affiliated with the Central
Intelligence Agency, as determined by the
Director; and
(B) who, on or after September 11, 2001,
becomes injured by reason of a qualifying
injury.
(4) Qualifying injury.--The term ``qualifying
injury'' means the following:
(A) With respect to a covered dependent, an
injury incurred--
(i) during a period in which the
covered dependent is accompanying the
covered employee to an assigned duty
station in a foreign country;
(ii) in connection with war,
insurgency, hostile act, terrorist
activity, or an incident designated for
purposes of this section by the
Director; and
(iii) that was not the result of the
willful misconduct of the covered
dependent.
(B) With respect to a covered employee or a
covered individual--
(i) an injury incurred--
(I) during a period of
assignment to a duty station in
a foreign country;
(II) in connection with war,
insurgency, hostile act, or
terrorist activity; and
(III) that was not the result
of the willful misconduct of
the covered employee or the
covered individual; or
(ii) an injury incurred--
(I) in connection with an
incident designated for
purposes of this section by the
Director; and
(II) that was not the result
of the willful misconduct of
the covered employee or the
covered individual.
(b) Adjustment of Compensation for Total Disability Resulting
From Certain Injuries.--
(1) Increase.--The Director may increase the amount
of monthly compensation paid to a covered employee
under section 8105 of title 5, United States Code.
Subject to paragraph (2), the Director may determine
the amount of each such increase by taking into
account--
(A) the severity of the qualifying injury;
(B) the circumstances by which the covered
employee became injured; and
(C) the seniority of the covered employee.
(2) Maximum.--Notwithstanding chapter 81 of title 5,
United States Code, the total amount of monthly
compensation increased under paragraph (1) may not
exceed the monthly pay of the maximum rate of basic pay
for GS-15 of the General Schedule under section 5332 of
such title.
(c) Costs for Treating Qualifying Injuries.--The Director may
pay the costs of treating a qualifying injury of a covered
employee, a covered individual, or a covered dependent, or may
reimburse a covered employee, a covered individual, or a
covered dependent for such costs, that are not otherwise
covered by chapter 81 of title 5, United States Code, or other
provision of Federal law.
(d) Authority To Make Payments for Qualifying Injuries to the
Brain.--
(1) Definitions.--In this subsection:
(A) Covered dependent.--The term ``covered
dependent'' has the meaning given such term in
subsection (a), except that the assigned duty
station need not be in a foreign country.
(B) Qualifying injury.--The term ``qualifying
injury'' has the meaning given such term in
subsection (a), except that the assigned duty
station need not be in a foreign country.
(2) Authority.--Notwithstanding any other provision
of law but subject to paragraph (3), the Director may
provide payment to a covered dependent, a covered
employee, and a covered individual for a qualifying
injury to the brain.
[(3) Limitations.--
[(A) Appropriations required.--Payment under
paragraph (2) in a fiscal year may only be made
using amounts appropriated in advance
specifically for payments under such paragraph
in such fiscal year.
[(B) Matter of payments.--Payments under
paragraph (2) using amounts appropriated for
such purpose shall be made on a first come,
first serve, or pro rata basis.
[(C) Amounts of payments.--The total amount
of funding obligated for payments under
paragraph (2) may not exceed the amount
specifically appropriated for providing
payments under such paragraph during its period
of availability.]
(3) Funding.--
(A) In general.--Payment under paragraph (2)
in a fiscal year may be made using any
amounts--
(i) appropriated in advance
specifically for payments under such
paragraph; or
(ii) reprogrammed in accordance with
section 504 of the National Security
Act of 1947 (50 U.S.C. 3094).
(B) Budget.--For each fiscal year, the
Director shall include with the budget
justification materials submitted to Congress
in support of the budget of the President for
that fiscal year pursuant to section 1105(a) of
title 31, United States Code, an estimate of
the amounts required in that fiscal year to
make payments under paragraph (2).
(4) Regulations.--
(A) In general.--The Director shall prescribe
regulations to carry out this subsection.
(B) Elements.--The regulations prescribed
under subparagraph (A) shall include
regulations detailing fair and equitable
criteria for payment under paragraph (2).
(5) No effect on other benefits.--Payments made under
paragraph (2) are supplemental to any other benefit
furnished by the United States Government for which a
covered dependent, covered employee, or covered
individual is entitled, and the receipt of such
payments may not affect the eligibility of such a
person to any other benefit furnished by the United
States Government.
* * * * * * *
SEC. 30. SEX-RELATED OFFENSES AND SEXUAL HARASSMENT WITHIN THE AGENCY.
(a) Responsibilities of Director.--The Director shall carry
out the following responsibilities:
(1) Establishing professional and uniform training
for employees assigned to working with all aspects of
the response of the Agency to allegations of sex-
related offenses and sexual harassment.
(2) Developing and implementing policies and
procedures to protect the confidentiality of employees
who report sex-related offenses or sexual harassment
and to mitigate negative effects on the reputation or
career of such an employee as a result of such a
report.
(3) Developing and implementing documented standards
for--
(A) appropriate mitigation and protection
measures for individuals who make allegations
of a sex-related offense or sexual harassment
to be put in place while an investigation
proceeds;
(B) appropriate employee consequences to be
imposed as a result of an inquiry or
investigation into a substantiated allegation
of a sex-related offense or sexual harassment;
(C) appropriate career path protection for
all employees involved in an incident resulting
in a reported allegation of a sex-related
offense or sexual harassment while an
investigation or review of the allegation is
pending; and
(D) mitigation measures to protect employees
and mission execution while such allegations
are being addressed.
(4) Articulating and enforcing norms, expectations,
practices, and policies, including with respect to
employee promotions and assignments, that are published
for the workforce and designed to promote a healthy
workplace culture that is inhospitable to sex-related
offenses and sexual harassment.
(5) Developing and issuing workforce messaging to
inform Agency employees of policies, procedures,
resources, and points of contact to obtain information
related to, or to report, sex-related offenses or
sexual harassment globally.
(6) Developing and implementing sex-related offense
and sexual harassment training for all Agency employees
that--
(A) is designed to strengthen individual
knowledge, skills, and capacity to prevent and
respond to sex-related offenses and sexual
harassment;
(B) includes initial entry and accession
programs, annual refresher training, and
specialized leadership training; and
(C) includes details of the definitions of
sex-related offense and sexual harassment, the
distinction between such terms, and what does
or does not constitute each.
(7) Developing and implementing processes and
procedures applicable to personnel involved in
providing the training referred to in paragraph (6)
that--
(A) are designed to ensure seamless policy
consistency and reporting mechanisms in all
training environments; and
(B) include requirements for in-person
training that--
(i) covers the reporting processes
for sex-related offenses and sexual
harassment that are specific to
training environments for students and
trainers; and
(ii) shall be provided at an
appropriate time during the first 5
days of any extended or residential
training course.
(8) Developing and implementing, in consultation with
the Victim Advocacy Specialists of the Federal Bureau
of Investigation, appropriate training requirements,
policies, and procedures applicable to all employees
whose professional responsibilities include interaction
with people making reports alleging sex-related
offenses or sexual harassment.
(9) Developing and implementing procedures under
which current and former employees of the Agency are
able to obtain documents and records, as appropriate
and upon request, that are related to a report of an
allegation of a sex-related offense or sexual
harassment.
(10) Developing and implementing procedures under
which an employee who makes a restricted or
unrestricted report containing an allegation of a sex-
related offense or sexual harassment may transfer out
of the current assignment or location of the employee,
upon the request of the employee making the report.
Such procedures shall ensure that an employee who makes
a restricted report maintains the privilege against
disclosure, strict confidentiality, and with such
employee maintaining full control over all decisions
related to any further dissemination of the report.
(11) Developing policies and procedures for the
Office of the Victim and Whistleblower Counsel and the
Special Victim Investigator, as applicable, to
facilitate outside engagement requests of employees
reporting allegations of sex-related offenses or sexual
harassment.
(12) Coordinating the response of the Agency to
allegations of sex-related offenses and sexual
harassment.
(b) Biannual Report.--Not less frequently than once every 180
days, the Director shall submit to the appropriate
congressional committees a report on the activities of the
Office of Equal Employment Opportunity and the Sexual Assault
Prevention and Response Office during the period covered by the
report. The Director shall personally review, approve, and
submit each report under this subsection on a nondelegable
basis. Each such report shall include--
(1) for the period covered by the report--
(A) the number of new allegations of sex-
related offenses and sexual harassment reported
to either such Office, disaggregated by
restricted and unrestricted reports;
(B) the number of employees seeking legal
assistance or services from either such Office;
(C) the number of new or ongoing cases in
which either such Office has provided services;
(D) a description of all training activities
related to sex-related offenses and sexual
harassment carried out Agency-wide, and the
number of such trainings conducted; and
(2) for the period beginning on the date of the
enactment of the Intelligence Authorization Act for
Fiscal Year 2024 and ending on the last day of the
period covered by the report--
(A) the total number of allegations of sex-
related offenses and sexual harassment;
(B) the disposition of each report of such an
allegation;
(C) any corrective action taken in response
to each such report;
(D) the number of such allegations that were
not substantiated; and
(E) the number of employee reassignment and
relocation requests, including--
(i) the number of such requests that
were granted;
(ii) the number of such requests that
were denied; and
(iii) for any such request that was
denied, the position of the individual
who denied the request and the reason
for denial.
(c) Applicability.--The policies developed pursuant to this
section shall apply to each of the following:
(1) Any employee of the Agency.
(2) Any employee of an entity that has entered into a
contract with the Agency under which the employee
performs functions at a facility associated with the
Agency or functions associated with the Agency.
(3) Any person who alleges they were sexually
assaulted or harassed by an employee referred to in
paragraph (1) or (2) at a facility associated with the
Agency or during the performance of a function
associated with the Agency.
SEC. 31. VICTIM AND WHISTLEBLOWER COUNSEL.
(a) Establishment.--The Director shall establish an Office of
the Victim and Whistleblower Counsel. The head of the Office
shall be the Victim and Whistleblower Counsel who shall report
directly to the Chief Operating Officer of the Agency. The
Office shall have the authority of an independent office within
the Agency.
(b) Responsibilities.--The Victim and Whistleblower Counsel
shall carry out the following responsibilities:
(1) Providing legal assistance and consultation to
employees of the Agency who are victims of alleged sex-
related offenses or sexual harassment, regardless of
whether the report of that offense is restricted or
unrestricted.
(2) Acting as the primary point of contact and entry
point for Agency employees with respect to all
allegations of, or concerns regarding, sex-related
offenses and sexual harassment.
(3) Managing the victim advocacy activities of the
Agency for employees reporting sex-related offenses or
sexual harassment.
(4) Maintaining, and making available to Agency
employees the following:
(A) A list of physicians and mental health
care providers (including from the private
sector, as applicable) who have experience with
the physical and mental health care needs of
the Agency workforce.
(B) A list of chaplains and religious
counselors who have experience with the needs
of the Agency workforce, including information
regarding access to the Chaplain Corps
established under section 26 of this Act.
(C) Information regarding how to select and
retain private attorneys who have experience
with the legal needs of the Agency workforce,
including detailed information on the process
for the appropriate sharing of information with
retained private attorneys.
(5) Facilitating communications with the Inspector
General, Congress, and other outside entities.
(c) Rule of Construction.--The inclusion of any person on a
list maintained or made available pursuant to subsection (b)(4)
shall not be construed as an endorsement of such person (or any
service furnished by such person), and the Victim and
Whistleblower Counsel shall not be liable, as a result of such
inclusion, for any portion of compensable injury, loss, or
damage attributable to such person or service.
(d) Communications.--The relationship between the Victim and
Whistleblower Counsel and a victim in the provision of legal
assistance and consultation shall be the relationship between
an attorney and client.
(e) Purpose.--The Office of the Victim and Whistleblower
Counsel shall--
(1) solely function as an advocate for employees and
not as an advocate for the Agency itself; and
(2) not be a proponent of Agency policies for sex-
related offenses or sexual harassment.
SEC. 32. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEX-RELATED
OFFENSES AND SEXUAL HARASSMENT.
(a) Policies Relating to Restricted and Unrestricted
Reporting of Sex-related Offenses and Harassment.--
(1) In general.--The Director shall develop and
implement policies, regulations, personnel training,
and workforce messaging to establish and provide
information about restricted reports and unrestricted
reports of allegations of sex-related offenses and
sexual harassment within the Agency in accordance with
this subsection.
(2) Workforce messaging.--Workforce messaging
developed under paragraph (1) shall be designed to
clearly inform Agency employees of the differences
between restricted and unrestricted reporting of
allegations of sex-related offenses and sexual
harassment, and which individual or office within the
Agency is responsible for receiving each type of
report.
(b) Election.--Any person making a report containing an
allegation of a sex-related offense or sexual harassment shall
elect whether to make a restricted report or an unrestricted
report. Once an election is made to make an unrestricted
report, such election may not be changed.
(c) Unrestricted Reports.--
(1) Disclosure; assistance.--A person who elects to
make an unrestricted report containing an allegation of
a sex-related offense or sexual harassment may disclose
the report to any employee of the Agency. A person who
elects to make an unrestricted report containing an
allegation of a sex-related offense or sexual
harassment may seek the assistance of another employee
of the Agency with taking the action required under
paragraph (2).
(2) Action required.--A person electing to make an
unrestricted report containing an allegation of a sex-
related offense or sexual harassment shall submit the
report to the Office of the Victim and Whistleblower
Counsel. In the case of a person making an unrestricted
report of sexual harassment, the Victim and
Whistleblower Counsel shall facilitate the contact by
the person with the Office of Equal Employment
Opportunity. In the case of a person making an
unrestricted report of a sex-related offense other than
sexual harassment, the Victim and Whistleblower Counsel
shall facilitate the contact of such person with the
Sexual Assault Prevention and Response Office.
(d) Restricted Reports.--
(1) Process for making reports.--A person who elects
to make a restricted report containing an allegation of
a sex-related offense or sexual harassment shall submit
the report to a person authorized to receive a
restricted report under paragraph (2).
(2) Person authorized to receive a restricted
report.--The following individuals are persons
authorized to receive a restricted report:
(A) The Chief Wellbeing Officer.
(B) Any employee of the Office of Wellness
and Workforce Support.
(C) Any employee of the Office of the Victim
and Whistleblower Counsel.
(D) Any medical professional assigned to the
Center for Global Health Services, or any
successor organization employing Agency support
staff.
(E) Any employee of the Chaplain Corps of the
Agency.
(F) The Special Victim Investigator within
the Office of Security.
(G) Any medical professional, including a
mental health professional.
(H) Any additional employees that the
Director determines appropriate.
(3) Action required.--A restricted report containing
an allegation of a sex-related offense or sexual
harassment--
(A) shall be treated by the person who
receives the report in the same manner as a
communication covered by attorney-client
privilege;
(B) shall be privileged against disclosure
with strict confidentiality and with the person
making the report maintaining full control over
all decisions related to any further
dissemination, except in cases of an imminent
threat of serious bodily harm;
(C) shall not result in a referral to law
enforcement or commencement of a formal
administrative investigation, unless the victim
elects to change the report from a restricted
report to an unrestricted report;
(D) in a case requiring an employee
reassignment, relocation, or other mitigation
or protective measures, shall result only in
actions that are managed in a manner to limit,
to the extent possible, the disclosure of any
information contained in the report; and
(E) shall be exempt from any Federal or, to
the maximum extent permitted by the
Constitution, State reporting requirements,
including the requirements under section 535(b)
of title 28, United States Code, section
17(b)(5) of this Act, and section 1.6(b) of
Executive Order 12333 (50 U.S.C. 3001 note;
relating to United States intelligence
activities), except when reporting is necessary
to prevent or mitigate an imminent threat of
serious bodily harm.
(e) Incident Reports When Victim or Alleged Perpetrator Is an
Agency Employee.--
(1) Incident reporting policy.--The Director shall
establish and maintain a policy under which--
(A) in the case of an unrestricted report
of--
(i) sexual harassment, the head of
the Office of Equal Employment
Opportunity is required to submit a
written incident report not later than
8 days after receiving a formal
complaint containing an allegation of
sexual harassment; and
(ii) a sex-related offense other than
sexual harassment, the head of the
Sexual Assault Prevention and Response
Office is required to submit a written
incident report not later than 8 days
after receipt of the unrestricted
report; and
(B) each such incident report required under
subparagraph (A) shall be provided to--
(i) the Chief Operating Officer of
the Agency;
(ii) the Special Victim Investigator;
(iii) the Office of the Victim and
Whistleblower Counsel;
(iv) the Sexual Assault Prevention
and Response Office;
(v) the Office of Equal Employment
Opportunity; and
(vi) such other individuals as the
Director determines appropriate.
(2) Purpose.--The purpose of an incident report
required under paragraph (1) is to--
(A) record the details about actions taken or
in progress to provide the necessary care and
support to the victim of the alleged incident;
(B) refer the allegations to the appropriate
investigatory or law enforcement agency; and
(C) provide initial formal notification of
the alleged incident.
(3) Elements.--Each incident report required under
paragraph (1) shall include each of the following:
(A) The time, date, and location of the
alleged sex-related offense or sexual
harassment.
(B) An identification of the type of offense
or harassment alleged.
(C) An identification of the assigned office
and location of the victim.
(D) An identification of the assigned office
and location of the alleged perpetrator,
including information regarding whether the
alleged perpetrator has been temporarily
transferred or removed from an assignment or
otherwise restricted, if applicable.
(E) A description of any post-incident
actions taken in connection with the incident,
including--
(i) referral to any services
available to victims, including the
date of each referral;
(ii) notification of the incident to
appropriate investigatory
organizations, including the
organizations notified and dates of
notifications; and
(iii) issuance of any personal
protection orders or steps taken to
separate the victim and the alleged
perpetrator within their place of
employment.
(F) Such other elements as the Director
determines appropriate.
(f) Common Perpetrator Notice Requirement.--
(1) Unrestricted reports.--Upon receipt of an
incident report under subsection (e)(1) containing an
allegation of a sex-related offense or sexual
harassment against an individual known to be the
subject of at least one allegation of a sex-related
offense or sexual harassment by another reporter, the
Special Victim Investigator shall notify each of the
following of all existing allegations against the
individual:
(A) The Director.
(B) The Chief Operating Officer.
(C) The head of the directorate employing the
individual.
(D) The head of the Sexual Assault Prevention
and Response Office.
(E) The first supervisor of the individual.
(F) The Inspector General.
(G) The Victim and Whistleblower Counsel.
(2) Restricted reports.--Upon receipt of a restricted
report under subsection (d), the Victim and
Whistleblower Counsel shall notify any victim known to
have filed a restricted report against the same
individual who is the subject of the report under
paragraph (1) that another allegation has been made
against the individual who is the subject of the report
under paragraph (1).
(g) Applicability.--The policies developed pursuant to this
section shall apply to each of the following:
(1) Any employee of the Agency.
(2) Any employee of an entity that has entered into a
contract with the Agency under which the employee
performs functions at a facility associated with the
Agency or functions associated with the Agency.
(3) Any person who makes an allegation of a sex-
related offense or sexual harassment against an
employee referred to in paragraph (1) or (2) at a
facility associated with the Agency or during the
performance of a function associated with the Agency.
(h) Records.--The Director shall establish a system for
tracking and permanently maintaining all Agency records related
to any investigation into an allegation of a sex-related
offense or sexual harassment made in an unrestricted report,
including any related medical documentation.
SEC. 33. SPECIAL VICTIM INVESTIGATOR.
(a) Establishment.--The Director shall establish in the
Office of Security a Special Victim Investigator, who shall be
responsible for investigating all unrestricted reports
containing allegations of sex-related offenses other than
sexual harassment and supporting, as appropriate, the Office of
Equal Employment Opportunity with investigating formal
complaints containing allegations of sexual harassment. The
person appointed as the Investigator shall be an appropriately
credentialed Federal law enforcement officer and may be a
detailee from a Federal law enforcement entity.
(b) Responsibilities.--The Investigator shall be responsible
for--
(1) supporting the Office of Equal Employment
Opportunity with investigations into formal complaints
containing allegations of sexual harassment, as
appropriate;
(2) investigating unrestricted reports containing
allegations of sex-related offenses, including the
conduct and management of all internal Agency
inquiries, investigations, and other fact-finding
activities related to specific allegations of sex-
related offenses;
(3) testifying in a criminal prosecution in any
venue, where appropriate;
(4) serving as the case agent for a criminal
investigation in any venue, where appropriate;
(5) supporting engagement with law enforcement
relating to such allegations, where appropriate,
including coordinating related cases with other
Federal, State, local, and Tribal law enforcement
agencies, as necessary and appropriate, pursuant to
regulations, requirements, and procedures developed in
consultation with the Federal Bureau of Investigation,
for any such inquiries, investigations, or other fact-
finding activities;
(6) developing and implementing policies and
procedures necessary for the Investigator or any law
enforcement partner to conduct effective investigations
and also protect sensitive information;
(7) serving as the only authorized investigative body
in the Agency for allegations of sex-related offenses,
except that, in the case of an allegation of a sex-
related offense involving an employee of the Office of
Security, the Investigator shall coordinate with
appropriate criminal investigators who are detailed to
the Agency for other missions or employed by another
Federal law enforcement entity, as necessary, to
maintain the integrity of the investigation and
mitigate potential conflicts of interest;
(8) establishing and coordinating clear policies
regarding which agency should take the lead on
conducting, or be the lead in coordinating with local
law enforcement when applicable, investigations of
sexual assault and sexual harassment overseas; and
(9) sharing information with the Victim and
Whistleblower Counsel to facilitate the support and
advocacy of such Counsel for victims of alleged sex-
related offenses or sexual harassment.
(c) Timeframe for Investigations.--The Investigator shall--
(1) ensure that any investigative support for a
formal complaint containing allegations of sexual
harassment shall occur within any investigation
timelines required by applicable law;
(2) ensure that any investigation into an allegation
of a sex-related offense contained in an unrestricted
report is completed by not later than 60 days after the
date on which the report is referred to the
Investigator under section 32(e)(1); and
(3) if the Investigator determines that the
completion of an investigation will take longer than 60
days--
(A) not later than 60 days after the date on
which the report is referred to the
Investigator under section 32(e)(1), submit to
the Director a request for an extension that
contains a summary of the progress of the
investigation, the reasons why the completion
of the investigation requires additional time,
and a plan for the completion of the
investigation; and
(B) provide to the person who made the report
and the person against whom the allegation in
the report was made notice of the extension of
the investigation.
----------
CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION PAY ACT
* * * * * * *
SEC. 2. SEPARATION PAY.
(a) Definitions.--For purposes of this section--
(1) the term ``Director'' means the Director of the
Central Intelligence Agency; and
(2) the term ``employee'' means an employee of the
Central Intelligence Agency, serving under an
appointment without time limitation, who has been
currently employed for a continuous period of at least
12 months, 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).
(b) Establishment of Program.--In order to avoid or minimize
the need for involuntary separations due to downsizing,
reorganization, transfer of function, or other similar action,
the Director may establish a program under which employees may
be offered separation pay to separate from service voluntarily
(whether by retirement or resignation). An employee who
receives separation pay under such program may not be
reemployed by the Central Intelligence 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 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 Central Intelligence 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.
(c) 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 Central
Intelligence Agency; or
(B) participate in any manner in the award,
modification, extension, or performance of any
contract for property or services with the
Central Intelligence 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 times the proportion
of the 12-month period during which the employee was in
violation of the agreement.
(d) Limitations.--Under this program, separation pay may be
offered only--
(1) with the prior approval of the Director; and
(2) to employees within such occupational groups or
geographic locations, or subject to such other similar
limitations or conditions, as the Director may require.
(e) Amount and Treatment for Other Purposes.--Such separation
pay--
(1) shall be paid in a lump sum;
(2) 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;
(3) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(4) shall not 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) Regulations.--The Director shall prescribe such
regulations as may be necessary to carry out this section.
(g) Reporting Requirements.--
(1) Offering notification.--The Director may not make
an offering of voluntary separation pay pursuant to
this section until 30 days after submitting to the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate a report describing the
occupational groups or geographic locations, or other
similar limitations or conditions, required by the
Director under subsection (d).
(2) Annual report.--At the end of each of the fiscal
years 1993 through 1997, the Director shall submit to
the President and the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate a report
on the effectiveness and costs of carrying out this
section.
* * * * * * *
----------
NATIONAL SECURITY AGENCY ACT OF 1959
* * * * * * *
Sec. 16. (a) The purpose of this section is to establish an
undergraduate and graduate training program, which may lead to
a baccalaureate or graduate degree, to facilitate the
recruitment of individuals, particularly minority high school
students, with a demonstrated capability to develop skills
critical to the mission of the National Security Agency,
including mathematics, computer science, engineering, and
foreign languages.
(b) The Secretary of Defense is authorized, in his
discretion, to assign civilians who may or may not be employees
of the National Security Agency as students at accredited
professional, technical, and other institutions of higher
learning for training at the undergraduate or graduate level in
skills critical to effective performance of the mission of the
Agency.
(c) The National Security Agency may pay, directly or by
reimbursement to program participants, expenses incident to
assignments under subsection (b), in any fiscal year only to
the extent that appropriated funds are available for such
purpose.
(d)(1) To be eligible for assignment under subsection (b), a
[program participant,] program participant must agree in
writing--
(A) to continue in the service of the Agency for the
period of the assignment and to complete the
educational course of training for which the program
participant is assigned;
(B) to continue in the service of the Agency
following completion of the assignment for a period of
one-and-a-half years for each year of the assignment or
part thereof;
(C) to reimburse the United States for the total cost
of education (excluding the program participant's pay
and allowances) provided under this section to the
program participant if, prior to the program
participant's completing the educational course of
training for which the program participant is assigned,
the assignment or the program participant's employment
with the Agency is terminated--
(i) by the Agency due to misconduct by the
program participant;
(ii) by the program participant voluntarily;
or
(iii) by the Agency for the failure of the
program participant to maintain such level of
academic standing in the educational course of
training as the Director of the National
Security Agency shall have specified in the
agreement of the program participant under this
subsection; and
(D) to reimburse the United States if, after
completing the educational course of training for which
the program participant is assigned, the program
participant's employment with the Agency is terminated
either by the Agency due to misconduct by the program
participant or by the program participant voluntarily,
prior to the program participant's completion of the
service obligation period described in subparagraph
(B), in an amount that bears the same ratio to the
total cost of the education (excluding the program
participant's pay and allowances) provided to the
program participant as the unserved portion of the
service obligation period described in subparagraph (B)
bears to the total period of the service obligation
described in subparagraph (B).
(2) Subject to paragraph (3), the obligation to reimburse the
United States under an agreement described in paragraph (1),
including interest due on such obligation, is for all purposes
a debt owing the United States.
(3)(A) A discharge in bankruptcy under title 11, United
States Code, shall not release a person from an obligation to
reimburse the United States required under an agreement
described in paragraph (1) if the final decree of the discharge
in bankruptcy is issued within five years after the last day of
the combined period of service obligation described in
subparagraphs (A) and (B) of paragraph (1).
(B) The Secretary of Defense may release a person, in whole
or in part, from the obligation to reimburse the United States
under an agreement described in paragraph (1) when, in his
discretion, the Secretary determines that equity or the
interests of the United States so require.
(C) The Secretary of Defense shall permit an program
participant assigned under this section who, prior to
commencing a second academic year of such assignment,
voluntarily terminates the assignment or the program
participant's employment with the Agency, to satisfy his
obligation under an agreement described in paragraph (1) to
reimburse the United States by reimbursement according to a
schedule of monthly payments which results in completion of
reimbursement by a date five years after the date of
termination of the assignment or employment or earlier at the
option of the program participant.
(e) Agency efforts to recruit individuals at educational
institutions for participation in the undergraduate and
graduate training program established by this section shall be
made openly and according to the common practices of
universities and employers recruiting at such institutions.
(f) Chapter 41 of title 5 and subsections (a) and (b) of
section 3324 of title 31, United States Code, shall not apply
with respect to this section.
(g) The Secretary of Defense may issue such regulations as
may be necessary to implement this section.
(h) The undergraduate and graduate training program
established under this section shall be known as the Louis
Stokes Educational Scholarship Program.
* * * * * * *
SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLECTION
ADJUSTMENTS.
(a) Notification.--Not later than 30 days after the date on
which the Director of the National Security Agency determines
the occurrence of an intelligence collection adjustment, the
Director shall submit to the congressional intelligence
committees a notification of the intelligence collection
adjustment.
(b) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(2) Intelligence collection adjustment.--The term
``intelligence collection adjustment'' includes a
change by the United States Government to a policy on
intelligence collection or the prioritization thereof
that results in a significant loss of intelligence.
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1995
* * * * * * *
TITLE VIII--COUNTERINTELLIGENCE AND SECURITY
* * * * * * *
SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.
(a) Establishment of Counterintelligence Policy Board.--There
is established within the executive branch of Government a
National Counterintelligence Policy Board (in this section
referred to as the ``Board''). The Board shall report to the
President through the National Security Council.
(b) Chairperson.--The Director of the National
Counterintelligence and Security Center appointed under section
902 of the Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3382) shall serve as the chairperson of the Board.
(c) Membership.--The membership of the National
Counterintelligence Policy Board shall consist of the
following:
(1) The Director of the National Counterintelligence
and Security Center.
(2) Senior personnel of departments and elements of
the United States Government, appointed by the head of
the department or element concerned, as follows:
(A) The Department of Justice, including the
Federal Bureau of Investigation.
(B) The Department of Defense, including the
Joint Chiefs of Staff.
(C) The Department of State.
(D) The Department of Energy.
(E) The Central Intelligence Agency.
(F) Any other department, agency, or element
of the United States Government specified by
the President.
(d) Functions and Discharge of Functions.--(1) The Board
shall--
(A) serve as the principal mechanism for--
(i) developing policies and procedures for
the approval of the President to govern the
conduct of counterintelligence activities; and
(ii) upon the direction of the President,
resolving conflicts that arise between elements
of the Government conducting such activities;
and
(B) act as an interagency working group to--
(i) ensure the discussion and review of
matters relating to the implementation of the
Counterintelligence Enhancement Act of 2002;
and
(ii) provide advice to the Director of the
National Counterintelligence and Security
Center on priorities in the implementation of
the National Counterintelligence Strategy
produced pursuant to section 904(d)(2) of that
Act (50 U.S.C. 3383(d)(2)).
(2) The Board may, for purposes of carrying out its functions
under this section, establish such interagency boards and
working groups as the Board considers appropriate.
(e) Coordination of Counterintelligence Matters With the
Federal Bureau of Investigation.--(1) Except as provided in
paragraph (5), the head of each department or agency within the
executive branch shall ensure that--
(A) the Federal Bureau of Investigation is advised
immediately of any information, regardless of its
origin, which indicates that classified information is
being, or may have been, disclosed in an unauthorized
manner to a foreign power or an agent of a foreign
power;
(B) following a report made pursuant to subparagraph
(A), the Federal Bureau of Investigation is consulted
with respect to all subsequent actions which may be
undertaken by the department or agency concerned to
determine the source of such loss or compromise; and
(C) where, after appropriate consultation with the
department or agency concerned, the Federal Bureau of
Investigation undertakes investigative activities to
determine the source of the loss or compromise, the
Federal Bureau of Investigation is given complete and
timely access to the employees and records of the
department or agency concerned for purposes of such
investigative activities.
(2) Except as provided in paragraph (5), the Director of the
Federal Bureau of Investigation shall ensure that espionage
information obtained by the Federal Bureau of Investigation
pertaining to the personnel, operations, or information of
departments or agencies of the executive branch, is provided
through appropriate channels in a timely manner to the
department or agency concerned, and that such departments or
agencies are consulted in a timely manner with respect to
espionage investigations undertaken by the Federal Bureau of
Investigation which involve the personnel, operations, or
information of such department or agency.
(3)(A) The Director of the Federal Bureau of Investigation
shall submit to the head of the department or agency concerned
a written assessment of the potential impact of the actions of
the department or agency on a counterintelligence
investigation.
(B) The head of the department or agency concerned shall--
(i) use an assessment under subparagraph (A) as an
aid in determining whether, and under what
circumstances, the subject of an investigation under
paragraph (1) should be left in place for investigative
purposes; and
(ii) notify in writing the Director of the Federal
Bureau of Investigation of such determination.
(C) The Director of the Federal Bureau of Investigation and
the head of the department or agency concerned shall continue
to consult, as appropriate, to review the status of an
investigation covered by this paragraph, and to reassess, as
appropriate, a determination of the head of the department or
agency concerned to leave a subject in place for investigative
purposes.
(4)(A) The Federal Bureau of Investigation shall notify
appropriate officials within the executive branch, including
the head of the department or agency concerned, of the
commencement of a full field espionage investigation with
respect to an employee within the executive branch.
(B) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is
likely to alert an employee covered by a notice under
subparagraph (A) of an investigation described in that
subparagraph without prior coordination and consultation with
the Federal Bureau of Investigation.
(5) Where essential to meet extraordinary circumstances
affecting vital national security interests of the United
States, the President may on a case-by-case basis waive the
requirements of paragraph (1), (2), or (3), as they apply to
the head of a particular department or agency, or the Director
of the Federal Bureau of Investigation. Such waiver shall be in
writing and shall fully state the justification for such
waiver. Within thirty days, the President shall notify the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that such waiver has been issued, and at that
time or as soon as national security considerations permit,
provide these committees with a complete explanation of the
circumstances which necessitated such waiver.
(6) Nothing in this section may be construed to alter the
existingjurisdictional arrangements between the Federal Bureau
of Investigationand the Department of Defense with respect to
investigationsof persons subject to the Uniform Code of
Military Justice,nor to impose additional reporting
requirements upon the Departmentof Defense with respect to such
investigations beyondthose required by existing law and
executive branch policy.
(7) As used in this section, the terms ``foreign power'' and
``agent of a foreign power'' have the same meanings as set
forth in [sections 101 (a) and (b)] subsections (a) and (b) of
section 101, respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
* * * * * * *
SUBTITLE A--GENERAL MILITARY LAW
* * * * * * *
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
* * * * * * *
CHAPTER 21--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
* * * * * * *
SUBCHAPTER II--INTELLIGENCE COMMERCIAL ACTIVITIES
* * * * * * *
Sec. 431. Authority to engage in commercial activities as security for
intelligence collection activities
(a) Authority.--The Secretary of Defense, subject to the
provisions of this subchapter, may authorize the conduct of
those commercial activities necessary to provide security for
authorized intelligence collection activities abroad undertaken
by the Department of Defense. No commercial activity may be
initiated pursuant to this subchapter after [December 31, 2023]
December 31, 2024.
(b) Interagency Coordination and Support.--Any such activity
shall--
(1) be coordinated with, and (where appropriate) be
supported by, the Director of the Central Intelligence
Agency; and
(2) to the extent the activity takes place within the
United States, be coordinated with, and (where
appropriate) be supported by, the Director of the
Federal Bureau of Investigation.
(c) Definitions.--In this subchapter:
(1) The term ``commercial activities'' means
activities that are conducted in a manner consistent
with prevailing commercial practices and includes--
(A) the acquisition, use, sale, storage and
disposal of goods and services;
(B) entering into employment contracts and
leases and other agreements for real and
personal property;
(C) depositing funds into and withdrawing
funds from domestic and foreign commercial
business or financial institutions;
(D) acquiring licenses, registrations,
permits, and insurance; and
(E) establishing corporations, partnerships,
and other legal entities.
(2) The term ``intelligence collection activities''
means the collection of foreign intelligence and
counterintelligence information.
* * * * * * *
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
* * * * * * *
Subtitle E--Other Matters
* * * * * * *
SEC. 1683. ESTABLISHMENT OF ALL-DOMAIN ANOMALY RESOLUTION OFFICE.
(a) Establishment of Office.--
(1) In general.--Not later than 120 days after the
date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2023, the Secretary of Defense, in
coordination with the Director of National
Intelligence, shall establish an office within a
component of the Office of the Secretary of Defense, or
within a joint organization of the Department of
Defense and the Office of the Director of National
Intelligence, to carry out the duties of the
Unidentified Aerial Phenomena Task Force, as in effect
on December 26, 2021, and such other duties as are
required by this section, including those pertaining to
unidentified anomalous phenomena.
(2) Designation.--The office established under
paragraph (1) shall be known as the ``All-domain
Anomaly Resolution Office'' (in this section referred
to as the ``Office'').
(b) Director and Deputy Director of the Office.--
(1) Appointment of director.--The head of the Office
shall be the Director of the All-domain Anomaly
Resolution Office (in this section referred to as the
``Director of the Office''), who shall be appointed by
the Secretary of Defense in consultation with the
Director of National Intelligence.
(2) Appointment of deputy director.--The Deputy
Director of the Office shall be appointed by the
Director of National Intelligence in coordination with
the Secretary of Defense.
(3) Reporting.--
(A) In general.--The Director of the Office
shall report directly to the Deputy Secretary
of Defense and the Principal Deputy Director of
National Intelligence.
(B) Administrative and operational and
security matters.--The Director of the Office
shall report--
(i) to the Under Secretary of Defense
for Intelligence and Security on all
administrative matters of the Office;
and
(ii) to the Deputy Secretary of
Defense and the Principal Deputy
Director of National Intelligence on
all operational and security matters of
the Office.
(c) Duties.--The duties of the Office shall include the
following:
(1) Developing procedures to synchronize and
standardize the collection, reporting, and analysis of
incidents, including adverse physiological effects,
regarding unidentified anomalous phenomena across the
Department of Defense and the intelligence community,
in coordination with the Director of National
Intelligence, which shall be provided to the
congressional defense committees, the congressional
intelligence committees, and congressional leadership.
(2) Developing processes and procedures to ensure
that such incidents from each component of the
Department and each element of the intelligence
community are reported and stored in an appropriate
manner that allows for the integration of analysis of
such information.
(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
(4) Evaluating links between unidentified anomalous
phenomena and adversarial foreign governments, other
foreign governments, or nonstate actors.
(5) Evaluating the threat that such incidents present
to the United States.
(6) Coordinating with other departments and agencies
of the Federal Government, as appropriate, including
the Federal Aviation Administration, the National
Aeronautics and Space Administration, the Department of
Homeland Security, the National Oceanic and Atmospheric
Administration, the National Science Foundation, and
the Department of Energy.
(7) As appropriate, and in coordination with the
Secretary of State, the Secretary of Defense, and the
Director of National Intelligence, consulting with
allies and partners of the United States to better
assess the nature and extent of unidentified anomalous
phenomena.
(8) Preparing reports for Congress, in both
classified and unclassified form, including under
subsection (j).
(d) Response to and Field Investigations of Unidentified
Anomalous Phenomena.--
(1) Designation.--The Secretary of Defense and the
Director of National Intelligence shall jointly
designate from within their respective organizations an
official, to be under the direction of the Director of
the Office, responsible for ensuring the appropriate
expertise, authorities, accesses, data, systems,
platforms, and capabilities are available for the rapid
response to, and support for, the conduct of field
investigations of incidents involving unidentified
anomalous phenomena.
(2) Ability to respond.--The Secretary of Defense and
the Director of National Intelligence shall ensure
field investigations are supported by personnel with
the requisite expertise, equipment, transportation, and
other resources necessary to respond rapidly to
incidents or patterns of observations involving
unidentified anomalous phenomena.
(e) Scientific, Technological, and Operational Analyses of
Data on Unidentified Anomalous Phenomena.--
(1) Designation.--The Secretary of Defense, in
coordination with the Director of National
Intelligence, shall designate one or more line
organizations that will be primarily responsible for
scientific, technical, and operational analysis of data
gathered by field investigations conducted pursuant to
subsection (d) and data from other sources, including
with respect to the testing of materials, medical
studies, and development of theoretical models, to
better understand and explain unidentified anomalous
phenomena.
(2) Authority.--The Secretary of Defense and the
Director of National Intelligence shall each issue such
directives as are necessary to ensure that each line
organization designated under paragraph (1) has
authority to draw on the special expertise of persons
outside the Federal Government with appropriate
security clearances.
(f) Data; Intelligence Collection.--
(1) Availability of data and reporting on
unidentified anomalous phenomena.--
(A) Availability of data.--The Director of
National Intelligence, in coordination with the
Secretary of Defense, shall ensure that each
element of the intelligence community with data
relating to unidentified anomalous phenomena
makes such data available immediately to the
Office.
(B) Reporting.--The Director of National
Intelligence and the Secretary of Defense shall
each, in coordination with one another, ensure
that military and civilian personnel of the
Department of Defense or an element of the
intelligence community, and contractor
personnel of the Department or such an element,
have access to procedures by which the
personnel shall report incidents or
information, including adverse physiological
effects, involving or associated with
unidentified anomalous phenomena directly to
the Office.
(2) Intelligence collection and analysis plan.--The
Director of the Office, acting in coordination with the
Secretary of Defense and the Director of National
Intelligence, shall supervise the development and
execution of an intelligence collection and analysis
plan to gain as much knowledge as possible regarding
the technical and operational characteristics, origins,
and intentions of unidentified anomalous phenomena,
including with respect to the development, acquisition,
deployment, and operation of technical collection
capabilities necessary to detect, identify, and
scientifically characterize unidentified anomalous
phenomena.
(3) Use of resources and capabilities.--In developing
the plan under paragraph (2), the Director of the
Office shall consider and propose, as appropriate, the
use of any resource, capability, asset, or process of
the Department and the intelligence community.
(g) Science Plan.--The Director of the Office, on behalf of
the Secretary of Defense and the Director of National
Intelligence, shall supervise the development and execution of
a science plan to develop and test, as practicable, scientific
theories to--
(1) account for characteristics and performance of
unidentified anomalous phenomena that exceed the known
state of the art in science or technology, including in
the areas of propulsion, aerodynamic control,
signatures, structures, materials, sensors,
countermeasures, weapons, electronics, and power
generation; and
(2) provide the foundation for potential future
investments to replicate or otherwise better understand
any such advanced characteristics and performance.
(h) Assignment of Priority.--The Director of National
Intelligence, in consultation with and with the recommendation
of the Secretary of Defense, shall assign an appropriate level
of priority within the National Intelligence Priorities
Framework to the requirement to understand, characterize, and
respond to unidentified anomalous phenomena.
(i) Detailees From Elements of the Intelligence Community.--
The heads of the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the
Department of Energy, the National Geospatial-Intelligence
Agency, the intelligence elements of the Army, the Navy, the
Air Force, the Marine Corps, and the Coast Guard, the
Department of Homeland Security, and such other elements of the
intelligence community as the Director of the Office considers
appropriate may provide to the Office a detailee of the element
to be physically located at the Office.
(j) Historical Record Report.--
(1) Report required.--
(A) In general.--Not later than 540 days
after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year
2023, the Director of the Office shall submit
to the congressional defense committees, the
congressional intelligence committees, and
congressional leadership a written report
detailing the historical record of the United
States Government relating to unidentified
anomalous phenomena, including--
(i) the records and documents of the
intelligence community;
(ii) oral history interviews;
(iii) open source analysis;
(iv) interviews of current and former
Government officials;
(v) classified and unclassified
national archives including any records
any third party obtained pursuant to
section 552 of title 5, United States
Code; and
(vi) such other relevant historical
sources as the Director of the Office
considers appropriate.
(B) Other requirements.--The report submitted
under subparagraph (A) shall--
(i) focus on the period beginning on
January 1, 1945, and ending on the date
on which the Director of the Office
completes activities under this
subsection; and
(ii) include a compilation and
itemization of the key historical
record of the involvement of the
intelligence community with
unidentified anomalous phenomena,
including--
(I) any program or activity
that was protected by
restricted access that has not
been explicitly and clearly
reported to Congress;
(II) successful or
unsuccessful efforts to
identify and track unidentified
anomalous phenomena; and
(III) any efforts to
obfuscate, manipulate public
opinion, hide, or otherwise
provide incorrect unclassified
or classified information about
unidentified anomalous
phenomena or related
activities.
(2) Access to records of the national archives and
records administration.--The Archivist of the United
States shall make available to the Office such
information maintained by the National Archives and
Records Administration, including classified
information, as the Director of the Office considers
necessary to carry out paragraph (1).
(k) Annual Reports.--
(1) Reports from [director of national intelligence
and secretary of defense] all-domain anomaly resolution
office.--
(A) Requirement.--Not later than 180 days
after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year
2023, and annually thereafter for four years,
the [Director of National Intelligence and the
Secretary of Defense shall jointly] Director of
the Office shall submit to the appropriate
congressional committees a report on
unidentified anomalous phenomena.
(B) Elements.--Each report submitted under
subparagraph (A) shall include, with respect to
the year covered by the report, the following
information:
(i) All reported unidentified
anomalous phenomena-related events that
occurred during the one-year period.
(ii) All reported unidentified
anomalous phenomena-related events that
occurred during a period other than
that one-year period but were not
included in an earlier report.
(iii) An analysis of data and
intelligence received through each
reported unidentified anomalous
phenomena-related event.
(iv) An analysis of data relating to
unidentified anomalous phenomena
collected through--
(I) geospatial intelligence;
(II) signals intelligence;
(III) human intelligence; and
(IV) measurement and
signature intelligence.
(v) The number of reported incidents
of unidentified anomalous phenomena
over restricted airspace of the United
States during the one-year period.
(vi) An analysis of such incidents
identified under clause (v).
(vii) Identification of potential
aerospace or other threats posed by
unidentified anomalous phenomena to the
national security of the United States.
(viii) An assessment of any activity
regarding unidentified anomalous
phenomena that can be attributed to one
or more adversarial foreign
governments.
(ix) Identification of any incidents
or patterns regarding unidentified
anomalous phenomena that indicate a
potential adversarial foreign
government may have achieved a
breakthrough aerospace capability.
(x) An update on the coordination by
the United States with allies and
partners on efforts to track,
understand, and address unidentified
anomalous phenomena.
(xi) An update on any efforts
underway on the ability to capture or
exploit discovered unidentified
anomalous phenomena.
(xii) An assessment of any health-
related effects for individuals that
have encountered unidentified anomalous
phenomena.
(xiii) The number of reported
incidents, and descriptions thereof, of
unidentified anomalous phenomena
associated with military nuclear
assets, including strategic nuclear
weapons and nuclear-powered ships and
submarines.
(xiv) In consultation with the
Administrator for Nuclear Security, the
number of reported incidents, and
descriptions thereof, of unidentified
anomalous phenomena associated with
facilities or assets associated with
the production, transportation, or
storage of nuclear weapons or
components thereof.
(xv) In consultation with the
Chairman of the Nuclear Regulatory
Commission, the number of reported
incidents, and descriptions thereof, of
unidentified anomalous phenomena or
drones of unknown origin associated
with nuclear power generating stations,
nuclear fuel storage sites, or other
sites or facilities regulated by the
Nuclear Regulatory Commission.
(xvi) The names of the line
organizations that have been designated
to perform the specific functions under
subsections (d) and (e), and the
specific functions for which each such
line organization has been assigned
primary responsibility.
(xvii) A summary of the reports
received using the mechanism for
authorized reporting established under
section 1673 of the National Defense
Authorization Act for Fiscal Year 2023.
(2) Form.--Each report submitted under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(l) Semiannual Briefings.--
(1) Requirement.--Not later than December 31, 2022,
and not less frequently than semiannually thereafter
until December 31, 2026, the Director of the Office
shall provide to the appropriate congressional
committees classified briefings on unidentified
anomalous phenomena.
(2) First briefing.--The first briefing provided
under paragraph (1) shall include all incidents
involving unidentified anomalous phenomena that were
reported to the Unidentified Aerial Phenomena Task
Force or to the Office established under subsection (a)
after June 24, 2021, regardless of the date of
occurrence of the incident.
(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph
(2) shall include, at a minimum, all events relating to
unidentified anomalous phenomena that occurred during
the previous 180 days, and events relating to
unidentified anomalous phenomena that were not included
in an earlier briefing.
(4) Instances in which data was not shared.--For each
briefing period, the Director of the Office shall
jointly provide to the chairman or chair and the
ranking member or vice chairman of the congressional
committees specified in subparagraphs (A) and (D) of
subsection (n)(1) an enumeration of any instances in
which data relating to unidentified anomalous phenomena
was not provided to the Office because of
classification restrictions on that data or for any
other reason.
(m) Task Force Termination.--Not later than the date on which
the Secretary of Defense establishes the Office under
subsection (a), the Secretary shall terminate the Unidentified
Aerial Phenomena Task Force.
(n) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
following:
(A) The Committees on Armed Services of the
Senate and the House of Representatives.
(B) The Committees on Appropriations of the
Senate and the House of Representatives.
(C) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of
the House of Representatives.
(D) The Select Committee on Intelligence of
the Senate and the Permanent Select Committee
on Intelligence of the House of
Representatives.
(E) The Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.
(F) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Science, Space, and Technology of the House
of Representatives.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning
given such term in section 101(a) of title 10, United
States Code.
(3) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(4) Congressional leadership.--The term
``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of
Representatives; and
(D) the minority leader of the House of
Representatives.
(5) 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).
(6) Line organization.--The term ``line
organization'' means, with respect to a department or
agency of the Federal Government, an organization that
executes programs and activities to directly advance
the core functions and missions of the department or
agency to which the organization is subordinate, but,
with respect to the Department of Defense, does not
include a component of the Office of the Secretary of
Defense.
(7) Transmedium objects or devices.--The term
``transmedium objects or devices'' means objects or
devices that are--
(A) observed to transition between space and
the atmosphere, or between the atmosphere and
bodies of water; and
(B) not immediately identifiable.
(8) Unidentified anomalous phenomena.--The term
``unidentified anomalous phenomena'' means--
(A) airborne objects that are not immediately
identifiable;
(B) transmedium objects or devices; and
(C) submerged objects or devices that are not
immediately identifiable and that display
behavior or performance characteristics
suggesting that the objects or devices may be
related to the objects described in
subparagraph (A).
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