IB
Union Calendar No. 129
118THCONGRESS
1
STSESSION H. R. 3932
[Report No. 118–162]
To authorize appropriations for fiscal year 2024 for intelligence and intel-
ligence related activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence Agency Retire-
ment and Disability System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE7, 2023
Mr. T
URNERintroduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
A
UGUST18, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 7, 2023]
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A BILL
To authorize appropriations for fiscal year 2024 for intel-
ligence and intelligence related activities of the United
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement
and Disability System, and for other purposes.
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the ‘‘In-4
telligence Authorization Act for Fiscal Year 2024’’. 5
(b) T
ABLE OFCONTENTS.—The table of contents for 6
this Act is as follows: 7
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 ac-
count 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, engineer-
ing, or mathematics positions.
Sec. 408. Annual report on unfunded priorities of intelligence community.
Sec. 409. Notice to Congress of counterintelligence threats to legislative branch.
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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 ac-
tivities 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 en-
gagements.
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 Na-
tional 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 justifica-
tion 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 Bu-
reau of Investigation.
Sec. 435. Inspector General of the Intelligence Community assessment of Overt
Human Intelligence Collection Program of Department of Home-
land 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 Resolu-
tion 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.
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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 re-
quirement.
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 ef-
forts by People’s Republic of China to increase influence in Mid-
dle 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 CEN-
TRAL 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 in-
telligence community.
Sec. 904. Requirement to authorize additional security clearances for certain con-
tractors.
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.
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Sec. 909. Requirement to ensure intelligence community directives appropriately
account for artificial intelligence and machine learning tools in
intelligence products.
SEC. 2. DEFINITIONS.
1
In this Act: 2
(1) C
ONGRESSIONAL INTELLIGENCE COMMIT -3
TEES.—The term ‘‘congressional intelligence commit-4
tees’’ has the meaning given such term in section 3 5
of the National Security Act of 1947 (50 U.S.C. 6
3003). 7
(2) I
NTELLIGENCE COMMUNITY .—The term ‘‘in-8
telligence community’’ has the meaning given such 9
term in section 3 of the National Security Act of 1947 10
(50 U.S.C. 3003). 11
TITLE I—INTELLIGENCE 12
ACTIVITIES 13
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 14
Funds are hereby authorized to be appropriated for fis-15
cal year 2024 for the conduct of the intelligence and intel-16
ligence-related activities of the Federal Government. 17
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 18
(a) S
PECIFICATIONS OFAMOUNTS.—The amounts au-19
thorized to be appropriated under section 101 for the con-20
duct of the intelligence activities of the Federal Government 21
are those specified in the classified Schedule of Authoriza-22
tions prepared to accompany this Act. 23
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(b) AVAILABILITY OFCLASSIFIEDSCHEDULE OFAU-1
THORIZATIONS.— 2
(1) A
VAILABILITY.—The classified Schedule of 3
Authorizations referred to in subsection (a) shall be 4
made available to the Committee on Appropriations 5
of the Senate, the Committee on Appropriations of the 6
House of Representatives, and to the President. 7
(2) D
ISTRIBUTION BY THE PRESIDENT .—Subject 8
to paragraph (3), the President shall provide for suit-9
able distribution of the classified Schedule of Author-10
izations referred to in subsection (a), or of appro-11
priate portions of such Schedule, within the executive 12
branch of the Federal Government. 13
(3) L
IMITS ON DISCLOSURE .—The President 14
shall not publicly disclose the classified Schedule of 15
Authorizations or any portion of such Schedule ex-16
cept— 17
(A) as provided in section 601(a) of the Im-18
plementing Recommendations of the 9/11 Com-19
mission Act of 2007 (50 U.S.C. 3306(a)); 20
(B) to the extent necessary to implement the 21
budget; or 22
(C) as otherwise required by law. 23
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SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC-1
COUNT. 2
(a) A
UTHORIZATION OF APPROPRIATIONS.—There is 3
authorized to be appropriated for the Intelligence Commu-4
nity Management Account of the Director of National Intel-5
ligence for fiscal year 2024 the sum of $715,200,000. 6
(b) C
LASSIFIEDAUTHORIZATION OF APPROPRIA-7
TIONS.—In addition to amounts authorized to be appro-8
priated for the Intelligence Community Management Ac-9
count by subsection (a), there are authorized to be appro-10
priated for the Intelligence Community Management Ac-11
count for fiscal year 2024 such additional amounts as are 12
specified in the classified Schedule of Authorizations re-13
ferred to in section 102(a). 14
TITLE II—CENTRAL INTEL-15
LIGENCE AGENCY RETIRE-16
MENT AND DISABILITY SYS-17
TEM 18
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 19
There is authorized to be appropriated for the Central 20
Intelligence Agency Retirement and Disability Fund 21
$514,000,000 for fiscal year 2024. 22
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TITLE III—GENERAL INTEL-1
LIGENCE COMMUNITY MAT-2
TERS 3
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 4
ACTIVITIES. 5
The authorization of appropriations by this Act shall 6
not be deemed to constitute authority for the conduct of any 7
intelligence activity which is not otherwise authorized by 8
the Constitution or the laws of the United States. 9
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 10
BENEFITS AUTHORIZED BY LAW. 11
Appropriations authorized by this Act for salary, pay, 12
retirement, and other benefits for Federal employees may 13
be increased by such additional or supplemental amounts 14
as may be necessary for increases in such compensation or 15
benefits authorized by law. 16
SEC. 303. PROHIBITION ON AVAILABILITY OF FUNDS TO IM-17
PLEMENT EXECUTIVE ORDER 13556. 18
None of the funds authorized to be appropriated by this 19
Act or otherwise made available for fiscal year 2024 for an 20
element of the intelligence community may be obligated or 21
expended to implement Executive Order 13556 (75 Fed. 22
Reg. 68675; relating to controlled unclassified information), 23
or any successor order. 24
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SEC. 304. NONAPPLICABILITY OF CERTAIN PROHIBITIONS 1
RELATING TO MODIFICATION OF ACCOUNT 2
STRUCTURE FOR NATIONAL INTELLIGENCE 3
PROGRAM BUDGET. 4
None of the prohibitions under section 8067 of the Con-5
solidated Appropriations Act, 2023 (Public Law 117–328) 6
shall apply with respect to amounts authorized to be appro-7
priated by this Act. 8
SEC. 305. SECURE COMMUNICATION BETWEEN CONGRESS 9
AND INTELLIGENCE COMMUNITY. 10
(a) I
NGENERAL.—The Director of National Intel-11
ligence shall provide secure communications to support the 12
oversight functions of the congressional intelligence commit-13
tees, including through the procurement, installation, con-14
figuration, and maintenance of sufficient software, 15
connectivity, information technology equipment, computers, 16
printers, and related peripheral equipment to ensure that 17
such committees are able to communicate with the intel-18
ligence community through secure data, voice, and video 19
communications at all classification levels. 20
(b) O
N-PREMISESSUPPORT.—During any period 21
when either the Senate or House of Representatives is in 22
session, or upon the request of either of the congressional 23
intelligence committees, the Director shall provide to such 24
committees timely on-premises support to ensure the effi-25
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cient operation of networks, equipment, and software and 1
the resolution of any related issues. 2
(c) G
OVERNANCE.—The Director, in coordination with 3
designated congressional leaders, shall establish governance 4
and security policies applicable to the connectivity, equip-5
ment, and software provided under subsection (a). 6
(d) B
UDGET.—The Director shall ensure that within 7
the budget of the Office of the Director of National Intel-8
ligence there is a specific expenditure center and project to 9
be used to carry out this section. 10
(e) T
REATMENT ASCONGRESSIONALRECORDS.—Any 11
data stored or transmitted by the congressional intelligence 12
committees through networks, equipment, or software pro-13
vided under subsection (a) is a congressional record and 14
shall not be treated as an agency record for purposes of sec-15
tion 552 of title 5, United States Code, (commonly known 16
as the ‘‘the Freedom of Information Act’’) or any other law. 17
(f) D
ESIGNATEDCONGRESSIONALLEADERS.—In this 18
section, the term ‘‘designated congressional leaders’’ 19
means— 20
(1) the Chair and Ranking Member of the Per-21
manent Select Committee on Intelligence of the House 22
of Representatives, or their designees; and 23
(2) the Chair and Vice Chair of the Select Com-24
mittee on Intelligence of the Senate, or their designees. 25
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TITLE IV—MATTERS RELATING 1
TO NATIONAL INTELLIGENCE 2
ENTERPRISE 3
Subtitle A—Miscellaneous 4
Authorities and Limitations 5
SEC. 401. ENHANCED PERSONNEL SECURITY REVIEW WITH 6
RESPECT TO SOCIAL MEDIA. 7
(a) S
ENSE OFCONGRESS.—It is the sense of Congress 8
that— 9
(1) the intelligence community should take ap-10
propriate measures to thoroughly and in a timely 11
manner investigate and adjudicate prospective appli-12
cants for sensitive national security positions within 13
the intelligence community; 14
(2) the intelligence community should use exist-15
ing authorities to ensure robust continuous vetting for 16
continued eligibility for access to classified informa-17
tion and carefully manage the speed and accuracy of 18
the security clearance adjudication process at both the 19
initial investigation process and throughout the ca-20
reer of personnel serving in positions within the intel-21
ligence community; 22
(3) the intelligence community must balance the 23
increasing demand for recruiting the best talent to 24
meet personnel requirements in an expeditious man-25
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ner while still maintaining a dedicated and patriotic 1
workforce with allegiance to the Constitution and the 2
United States Government; 3
(4) the availability of social media to the na-4
tional security workforce of the United States, includ-5
ing both private and public accounts, can enable the 6
unauthorized disclosure of classified national security 7
information in an instant, which endangers the 8
United States and its partners and allies, and em-9
powers foreign adversaries; and 10
(5) to ensure the loyalty and patriotism of the 11
trusted national security and intelligence community 12
workforce of the United States, the intelligence com-13
munity must fully use available vetting resources and 14
all authorities prescribed by law, while guaranteeing 15
all constitutional protections of such workforce. 16
(b) E
NHANCEDPERSONNELSECURITYREVIEWWITH 17
R
ESPECT TOSOCIALMEDIA.—Section 11001(b) of title 5, 18
United States Code, is amended by adding at the end the 19
following new paragraph: 20
‘‘(3) S
PECIAL REQUIREMENTS WITH RESPECT TO 21
SOCIAL MEDIA.— 22
‘‘(A) I
N GENERAL.—Information obtained 23
and integrated from sources described in para-24
graph (1) shall include any publicly available 25
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social media information relating to the covered 1
individual. 2
‘‘(B) D
ISCLOSURE BY COVERED INDIVID -3
UALS.—The enhanced personnel security pro-4
gram of an agency shall include a requirement 5
that a covered individual disclose any username 6
or alias used by the covered individual on any 7
social media account, including both private and 8
public social media accounts, but may not re-9
quire the covered individual to disclose any pass-10
word for any such account.’’. 11
SEC. 402. LIMITATION ON AUTHORITY OF DIRECTOR OF NA-12
TIONAL INTELLIGENCE TO ESTABLISH ADDI-13
TIONAL NATIONAL INTELLIGENCE CENTERS. 14
The National Security Act of 1947 (50 U.S.C. 3001 15
et seq.) is amended— 16
(1) by amending section 102A(f)(2) (50 U.S.C. 17
3024(f)(2)) to read as follows: 18
‘‘(2)(A) The Director of National Intelligence shall 19
oversee the National Counterterrorism Center, the National 20
Counterproliferation and Biosecurity Center, the National 21
Counterintelligence and Security Center, the Foreign Ma-22
lign Influence Center, and the Cyber Threat Intelligence 23
and Integration Center. 24
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‘‘(B) The Director of National Intelligence may estab-1
lish a new national intelligence center, or assign a new 2
function to a national intelligence center, but only if— 3
‘‘(i) the Director submits to the congressional in-4
telligence committees written notification of such pro-5
posed establishment or assignment; and 6
‘‘(ii) a period of 90 days has elapsed after the 7
date on which such committees receive such notifica-8
tion.’’; 9
(2) by amending section 103(c)(14) (50 U.S.C. 10
3025(c)(14)) to read as follows: 11
‘‘(14) Such other offices and officials as may be 12
established by law or the Director may establish or 13
designate in the Office, including national intelligence 14
centers (consistent with the notification requirement 15
under section 102A(f)(2)(B)).’’; and 16
(3) by amending section 119B(a) (50 U.S.C. 17
3058(a)) to read as follows: 18
‘‘(a) A
UTHORITY TOESTABLISH.—The Director of Na-19
tional Intelligence may establish, consistent with the notifi-20
cation requirement under section 102A(f)(2)(B), one or 21
more national intelligence centers to address intelligence 22
priorities, including regional issues.’’. 23
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SEC. 403. IMPROVEMENTS RELATING TO INTELLIGENCE 1
COMMUNITY STAFFING, DETAILS, AND AS-2
SIGNMENTS. 3
(a) I
MPROVEMENTSRELATING TOASSIGNMENTS AND 4
D
ETAILS.—Section 102A(f)(3)(A) of the National Security 5
Act of 1947 (50 U.S.C. 3024(f)(3)(A)) is amended— 6
(1) in the matter preceding clause (i), by strik-7
ing ‘‘personnel policies’’ and inserting ‘‘binding per-8
sonnel policies’’; 9
(2) by amending clause (i) to read as follows: 10
‘‘(i) require and facilitate assignments and de-11
tails of personnel to national intelligence centers, and 12
between elements of the intelligence community over 13
the course of the careers of such personnel;’’; and 14
(3) by amending clause (v) to read as follows: 15
‘‘(v) require service in more than one element of 16
the intelligence community as a condition of pro-17
motion to such positions within the intelligence com-18
munity as the Director shall specify, and take req-19
uisite steps to ensure compliance among elements of 20
the intelligence community; and’’. 21
(b) R
EQUIREDSTAFFINGDOCUMENT FOROFFICE OF 22
D
IRECTOR OFNATIONALINTELLIGENCE.— 23
(1) R
EQUIREMENT.—Not later than 120 days 24
after the date of the enactment of this Act, the Direc-25
tor of National Intelligence shall establish, and there-26
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after shall update as necessary, a single document set-1
ting forth each position within the Office of the Direc-2
tor of National Intelligence, including any direc-3
torate, center, or office within such Office. 4
(2) E
LEMENTS.—The document under paragraph 5
(1) shall include, with respect to each position set 6
forth in the document, the following: 7
(A) A description of the position. 8
(B) The directorate, center, office, or other 9
component of the Office of the Director of Na-10
tional Intelligence within which the position is. 11
(C) The element of the intelligence commu-12
nity designated to fill the position, if applicable. 13
(D) The requisite type and level of skills for 14
the position, including any special skills or cer-15
tifications required. 16
(E) The requisite security clearance level for 17
the position. 18
(F) The pay grade for the position. 19
(G) Any special pay or incentive pay pay-20
able for the position. 21
(3) I
NTEGRATED REPRESENTATION .—In estab-22
lishing and filling the positions specified in para-23
graph (1), the Director of National Intelligence shall 24
take such steps as may be necessary to ensure the in-25
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tegrated representation of officers and employees from 1
the other elements of the intelligence community with 2
respect to such positions. 3
SEC. 404. INSIDER THREATS. 4
Section 102A(f) of the National Security Act of 1947 5
(50 U.S.C. 3024(f)) is amended— 6
(1) by redesignating paragraphs (8) through (10) 7
as paragraphs (9) through (11), respectively; and 8
(2) by inserting after paragraph (7) the fol-9
lowing new paragraph (8): 10
‘‘(8) The Director of National Intelligence shall— 11
‘‘(A) conduct assessments and audits of the com-12
pliance of each element of the intelligence community 13
with minimum insider threat policy; 14
‘‘(B) receive information from each element of 15
the intelligence community regarding the collection, 16
sharing, and use by such element of audit and moni-17
toring data for insider threat detection across all clas-18
sified and unclassified information technology systems 19
within such element; 20
‘‘(C) provide guidance and oversight to Federal 21
departments and agencies to fully implement auto-22
mated records checks, consistent with personnel vet-23
ting reforms and the Trusted Workforce 2.0 initiative, 24
or successor initiative, and ensure that information 25
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collected pursuant to such records checks is appro-1
priately shared in support of intelligence community- 2
wide insider threat initiatives; 3
‘‘(D) carry out evaluations of the effectiveness of 4
counterintelligence, security, and insider threat pro-5
gram activities of each element of the intelligence 6
community, including with respect to the lowest orga-7
nizational unit of each such element, that include an 8
identification of any gaps, shortfalls, or resource 9
needs of each such element; 10
‘‘(E) identify gaps, shortfalls, resources needs, 11
and recommendations for adjustments in allocations 12
and additional resources and other remedies to 13
strengthen counterintelligence, security, and insider 14
threat detection programs; 15
‘‘(F) pursuant to final damage assessments fa-16
cilitated by the National Counterintelligence and Se-17
curity Center that have been undertaken as a result 18
of an unauthorized disclosure, determine whether the 19
heads of the elements of the intelligence community 20
implement recommended mitigation, and notify the 21
congressional intelligence committees of such deter-22
minations; and 23
‘‘(G) study the data collected during the course 24
of background investigations and adjudications for se-25
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curity clearances granted to individuals who subse-1
quently commit unauthorized disclosures, and issue 2
findings regarding the quality of such data as a pre-3
dictor for insider threat activity, delineated by the se-4
verity of the unauthorized disclosure.’’. 5
SEC. 405. MODIFICATION OF DEADLINE FOR ANNUAL SUB-6
MISSION OF NATIONAL INTELLIGENCE PRI-7
ORITIES FRAMEWORK. 8
Section 102A(p)(3) of the National Security Act of 9
1947 (50 U.S.C. 3024(p)(3)) is amended by striking ‘‘Octo-10
ber 1’’ and inserting ‘‘March 1’’. 11
SEC. 406. MATTERS RELATING TO CHIEF DATA OFFICERS OF 12
INTELLIGENCE COMMUNITY. 13
(a) P
ROHIBITION ON SIMULTANEOUS SERVICE AS 14
C
HIEFDATAOFFICER ANDCHIEFINFORMATIONOFFI-15
CER.—Section 103G of the National Security Act of 1947 16
(50 U.S.C. 3032) is amended by adding at the end the fol-17
lowing new subsection: 18
‘‘(d) P
ROHIBITION ONSIMULTANEOUSSERVICE AS 19
C
HIEFDATAOFFICER ANDCHIEFINFORMATIONOFFI-20
CER.—An individual serving in the position of Chief Infor-21
mation Officer of the Intelligence Community or chief infor-22
mation officer of any other element of the intelligence com-23
munity, as the case may be, may not, while so serving, serve 24
as the Intelligence Community Chief Data Officer under 25
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section 103K or as the chief data officer of any other element 1
of the intelligence community.’’. 2
(b) C
LARIFICATION OF DUTIES OFINTELLIGENCE 3
C
OMMUNITYCHIEFDATAOFFICER.— 4
(1) C
LARIFICATION OF DATA-RELATED DUTIES.— 5
Section 103K(c)(4) of the National Security Act of 6
1947 (50 U.S.C. 3034b(c)(4)) is amended by inserting 7
‘‘relating to data’’ after ‘‘duties’’. 8
(2) R
EMOVAL OF UNRELATED DUTIES AND FUNC -9
TIONS.—Not later than 90 days after the date of the 10
enactment of this Act, consistent with section 103K(c) 11
of the National Security Act of 1947 (50 U.S.C. 12
3034b(c)), as amended by paragraph (1), the Director 13
of National Intelligence shall complete such internal 14
reorganization of the Office of the Director of Na-15
tional Intelligence as the Director determines nec-16
essary to ensure that the duties of the Intelligence 17
Community Chief Data Officer appointed under such 18
section do not include— 19
(A) any duty relating to partnership inter-20
operability or partnership engagement; or 21
(B) any other duty that does not relate to 22
an issue involving data. 23
(3) B
RIEFING.—Prior to the date on which the 24
Director completes the reorganization under para-25
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graph (2), the Director shall provide to the congres-1
sional intelligence committees a briefing regarding— 2
(A) the proposed reorganization; and 3
(B) any other efforts of the Director to en-4
sure that any future duties prescribed by the Di-5
rector to be performed by the Intelligence Com-6
munity Chief Data Officer pursuant to section 7
103K(c) of the National Security Act of 1947 (50 8
U.S.C. 3034b(c)), as amended by paragraph (1), 9
relate exclusively to issues involving data, con-10
sistent with such section. 11
(c) R
EPORTS.—Not later than 90 days after the date 12
of the enactment of this Act, the head of each element of 13
the intelligence community shall submit to the congressional 14
intelligence committees a written report regarding the orga-15
nizational and reporting structure for the chief data officer 16
of that element, including an identification of whether such 17
chief data officer reports to, or is otherwise subordinate to, 18
the chief information officer of that element and, if so, the 19
rationale for such organizational and reporting structure. 20
SEC. 407. MODIFICATION TO SPECIAL PAY AUTHORITY FOR 21
SCIENCE, TECHNOLOGY, ENGINEERING, OR 22
MATHEMATICS POSITIONS. 23
(a) M
ODIFICATION.—Section 113B of the National Se-24
curity Act of 1947 (50 U.S.C. 3049a) is amended— 25
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(1) in the section heading, by inserting ‘‘AND 1
POSITIONS REQUIRING BANKING OR FINAN -2
CIAL SERVICES EXPERTISE ’’ after ‘‘MATHE-3
MATICS POSITIONS ’’; 4
(2) in subsection (a)— 5
(A) in the heading, by inserting ‘‘
OR IN 6
B
ANKING OR FINANCIALSERVICES’’ after 7
‘‘M
ATHEMATICS’’; 8
(B) in paragraph (1), in the matter pre-9
ceding subparagraph (A), by inserting ‘‘or in 10
banking or financial services (including expertise 11
relating to critical financial infrastructure oper-12
ations, capital markets, banking compliance pro-13
grams, or international investments)’’ after ‘‘or 14
mathematics’’; 15
(C) by redesignating paragraph (2) as 16
paragraph (3); and 17
(D) by inserting after paragraph (1) the fol-18
lowing new paragraph: 19
‘‘(2) L
IMITATION ON NUMBER OF RECIPIENTS .— 20
For each element of the intelligence community, the 21
number of individuals serving in a position in such 22
element who receive a higher rate of pay established 23
or increased under paragraph (1) may not, at any 24
time during a given fiscal year, exceed 50 individuals 25
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•HR 3932 RH
or 5 percent of the total number of full-time equiva-1
lent positions authorized for such element for the pre-2
ceding fiscal year, whichever is greater.’’; and 3
(3) in subsection (e), by striking ‘‘the element’’ 4
and inserting ‘‘an element’’. 5
(b) C
LERICALAMENDMENT.—The table of contents at 6
the beginning of such Act is amended by striking the item 7
relating to section 113B and inserting the following new 8
item: 9
‘‘Sec. 113B. Special pay authority for science, technology, engineering, or mathe-
matics positions and positions requiring banking or financial
services expertise.’’.
(c) REPORTS.—Not later than September 1 of each 10
year until September 1, 2025, the head of each element of 11
the intelligence community shall submit to the congressional 12
intelligence committees a report on any rates of pay estab-13
lished for such element under section 113B of such Act (50 14
U.S.C. 3049a), as amended by subsection (a), including— 15
(1) a description of any rates of pay so estab-16
lished; and 17
(2) an identification of the number of positions 18
in such element that will be subject to such rates of 19
pay during the subsequent fiscal year. 20
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SEC. 408. ANNUAL REPORT ON UNFUNDED PRIORITIES OF 1
INTELLIGENCE COMMUNITY. 2
Section 514(a) of the National Security Act of 1947 3
(50 U.S.C. 3113(a)) is amended by inserting ‘‘prepare and’’ 4
after ‘‘each element of the intelligence community shall’’. 5
SEC. 409. NOTICE TO CONGRESS OF COUNTERINTEL-6
LIGENCE THREATS TO LEGISLATIVE BRANCH. 7
Title V of the National Security Act of 1947 (50 U.S.C. 8
3091 et seq.) is amended by adding at the end the following 9
new section (and conforming the table of contents at the 10
beginning of such Act accordingly): 11
‘‘SEC. 516. NOTICE TO CONGRESS OF COUNTERINTEL-12
LIGENCE THREATS TO LEGISLATIVE BRANCH 13
AND LEGISLATIVE BRANCH OFFICIALS. 14
‘‘(a) N
OTIFICATION, BRIEFINGS, ANDPREPARATION OF 15
R
EPORTS.—Consistent with the protection of intelligence 16
sources and methods, the Director of National Intelligence 17
and the Director of the Federal Bureau of Investigation 18
shall jointly— 19
‘‘(1) notify, in a timely manner, congressional 20
leadership of any counterintelligence threat to the leg-21
islative branch or a legislative branch official; 22
‘‘(2) provide to legislative branch officials deter-23
mined appropriate by the Directors, including any 24
such official targeted or compromised by such a 25
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•HR 3932 RH
threat, briefings on the defense against such threats; 1
and 2
‘‘(3) prepare reports that include specific infor-3
mation concerning such threats to the legislative 4
branch or legislative branch officials but exclude the 5
intelligence sources or methods by which such infor-6
mation has been obtained, to facilitate the increased 7
distribution of specific information concerning such 8
threats. 9
‘‘(b) D
EFENSIVEPRIORITY.—In determining the ap-10
propriateness of disseminating information on counterintel-11
ligence threats (including information associated with a 12
sensitive intelligence matter or ongoing criminal investiga-13
tion) or of providing a briefing on the defense against such 14
threats under subsection (a), the Director of National Intel-15
ligence and the Director of the Federal Bureau of Investiga-16
tion shall seek to resolve such determination in favor of the 17
action most compatible with enhancing the defense of the 18
legislative branch against such threats. 19
‘‘(c) Q
UARTERLYREPORTS.— 20
‘‘(1) R
EQUIREMENT.—On a quarterly basis, the 21
Director of National Intelligence shall submit to con-22
gressional leadership a report on counterintelligence 23
threats to the legislative branch or legislative branch 24
officials. 25
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‘‘(2) MATTERS.—Each report under paragraph 1
(1) shall include, with respect to the quarterly period 2
covered by the report, the following: 3
‘‘(A) A description of any counterintel-4
ligence threat to the legislative branch or a legis-5
lative branch official (including the identity of 6
any such official) identified during such period. 7
‘‘(B) An identification of each date on 8
which the intelligence community became aware 9
of such a threat. 10
‘‘(C) An identification of the number of 11
briefings provided under subsection (a)(2) during 12
such period, including an identification of each 13
date on which such a briefing occurred. 14
‘‘(D) An identification of the number of re-15
ports prepared under subsection (a)(3) during 16
such period. 17
‘‘(d) D
EFINITIONS.—In this section: 18
‘‘(1) C
ONGRESSIONAL LEADERSHIP .—The term 19
‘congressional leadership’ means— 20
‘‘(A) the Speaker of the House of Represent-21
atives; 22
‘‘(B) the minority leader of the House of 23
Representatives; 24
‘‘(C) the majority leader of the Senate; 25
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‘‘(D) the minority leader of the Senate; 1
‘‘(E) the Chairman and Ranking Member of 2
the Permanent Select Committee on Intelligence 3
of the House of Representatives; and 4
‘‘(F) the Chairman and Vice Chairman of 5
the Select Committee on Intelligence of the Sen-6
ate. 7
‘‘(2) L
EGISLATIVE BRANCH.—The term ‘legisla-8
tive branch’ has the meaning given that term in sec-9
tion 202 of title 18, United States Code. 10
‘‘(3) L
EGISLATIVE BRANCH OFFICIAL.—The term 11
‘legislative branch official’ includes— 12
‘‘(A) a Member of Congress; 13
‘‘(B) an elected officer of either House of 14
Congress; 15
‘‘(C) any employee of, or any other indi-16
vidual functioning in the capacity of an em-17
ployee of— 18
‘‘(i) a Member of Congress; 19
‘‘(ii) a committee of either House of 20
Congress; 21
‘‘(iii) the leadership staff of the House 22
of Representatives or the leadership staff of 23
the Senate; 24
‘‘(iv) a joint committee of Congress; or 25
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•HR 3932 RH
‘‘(v) a working group or caucus orga-1
nized to provide legislative services or other 2
assistance to Members of Congress; and 3
‘‘(D) any other legislative branch employee 4
serving in a position described under section 5
13101(13) of title 5, United States Code.’’. 6
SEC. 410. CONGRESSIONAL NOTICE OF COUNTERINTEL-7
LIGENCE INVESTIGATIONS INTO PERSONS 8
HOLDING ELECTED OFFICES AND CAN-9
DIDATES FOR SUCH OFFICES. 10
Title V of the National Security Act of 1947 (50 U.S.C. 11
3091 et seq.), as amended by section 409, is further amend-12
ed by adding at the end the following new section (and con-13
forming the table of contents at the beginning of such Act 14
accordingly): 15
‘‘SEC. 517. CONGRESSIONAL NOTICE OF COUNTERINTEL-16
LIGENCE INVESTIGATIONS INTO FEDERAL 17
ELECTED OFFICIALS AND CANDIDATES IN 18
ELECTIONS FOR FEDERAL OFFICE. 19
‘‘(a) N
OTICEREQUIREMENT.—Notwithstanding sec-20
tion 533 of title 28, United States Code, the delegation of 21
the authorities of the Attorney General, or any other delega-22
tion of authority, direction, or policy of the executive 23
branch, the Director of Federal Bureau of Investigation 24
shall notify congressional leadership not later than 48 hours 25
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•HR 3932 RH
after the commencement of a counterintelligence investiga-1
tion into a person who holds an elected Federal office or 2
a candidate in an election for such an office. Such notifica-3
tion shall include a summary of the relevant facts associ-4
ated with the counterintelligence investigation and the iden-5
tity of the person subject to such investigation. 6
‘‘(b) C
ONGRESSIONALLEADERSHIP.—The term ‘con-7
gressional leadership’ means— 8
‘‘(1) the Speaker of the House of Representatives; 9
‘‘(2) the minority leader of the House of Rep-10
resentatives; 11
‘‘(3) the majority leader of the Senate; 12
‘‘(4) the minority leader of the Senate; 13
‘‘(5) the Chairman and Ranking Member of the 14
Permanent Select Committee on Intelligence of the 15
House of Representatives; and 16
‘‘(6) the Chairman and Vice Chairman of the Se-17
lect Committee on Intelligence of the Senate.’’. 18
SEC. 411. SUBMISSION OF LEGISLATIVE PROPOSALS. 19
Title V of the National Security Act of 1947 (50 U.S.C. 20
3091 et seq.), as amended by section 410, is further amend-21
ed by adding at the end the following new section (and con-22
forming the table of contents at the beginning of such Act 23
accordingly): 24
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‘‘SEC. 518. SUBMISSION OF LEGISLATIVE PROPOSALS. 1
‘‘Not later than 45 days after the date on which the 2
President submits to Congress the budget for each fiscal year 3
pursuant to section 1105(a) of title 31, United States Code, 4
the Director of National Intelligence shall submit to the con-5
gressional intelligence committees any legislative provisions 6
that are proposed by the Director to be enacted as part of 7
the annual intelligence authorization bill for that fiscal 8
year.’’. 9
SEC. 412. SUNSET OF CERTAIN INTELLIGENCE COMMUNITY 10
REPORTING REQUIREMENTS. 11
Title V of the National Security Act of 1947 (50 U.S.C. 12
3091), as amended by section 411, is further amended by 13
adding at the end the following new section (and con-14
forming the table of contents at the beginning of such Act 15
accordingly): 16
‘‘SEC. 519. TERMINATION OF CERTAIN REPORTING RE-17
QUIREMENTS. 18
‘‘(a) S
UNSET.—Effective on December 31, 2025, each 19
report described in subsection (b) that is still required to 20
be submitted to Congress as of such date shall no longer 21
be required to be submitted to Congress. 22
‘‘(b) R
EPORTSDESCRIBED.—Except as provided in 23
subsection (c), a report described in this subsection is a re-24
curring report that is required to be submitted to Congress 25
by the Director of National Intelligence, or by any officer, 26
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•HR 3932 RH
official, component, or element of the Office of the Director 1
of National Intelligence, pursuant to— 2
‘‘(1) a provision of an annual intelligence au-3
thorization Act for fiscal year 2021 or any prior fis-4
cal year; 5
‘‘(2) any amendment made by such an Act; or 6
‘‘(3) any committee report, classified annex, or 7
explanatory statement accompanying such an Act. 8
‘‘(c) E
XCEPTIONS.—Subsection (a) shall not apply 9
with respect to any of the following: 10
‘‘(1) A reporting requirement imposed on all de-11
partments and agencies of the Federal Government. 12
‘‘(2) A report required in conjunction with a 13
provision of law that requires a certification, deter-14
mination or comparable finding, or authorizing waiv-15
er with respect to a condition, limitation, or com-16
parable restriction. 17
‘‘(3) A recurring report required by a provision 18
of law that specifies when the requirement to submit 19
the report terminates. 20
‘‘(4) An annual report required by section 108B 21
of the National Security Act of 1947 (50 U.S.C. 22
3043b). 23
‘‘(5) A report required to be submitted by an in-24
dividual or entity other than an individual referred 25
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•HR 3932 RH
to in subsection (b) that requires consultation or co-1
ordination with an individual described in subsection 2
(b). 3
‘‘(d) R
EPORT TOCONGRESS.—Not later than February 4
1, 2024, the Director of National Intelligence shall submit 5
to the congressional intelligence committees a report that 6
includes— 7
‘‘(1) a list of all reports that the Director deter-8
mines are described in subsection (b) and not subject 9
to an exception under subsection (c); and 10
‘‘(2) for each report included on such list, a cita-11
tion to the provision of law under which the report 12
is required to be submitted.’’. 13
SEC. 413. NOTICE AND DAMAGE ASSESSMENT WITH RE-14
SPECT TO SIGNIFICANT UNAUTHORIZED DIS-15
CLOSURE OF CLASSIFIED NATIONAL INTEL-16
LIGENCE. 17
Title XI of the National Security Act of 1947 (50 18
U.S.C. 3231 et seq.) is amended by inserting after section 19
1105 the following new section (and conforming the table 20
of contents at the beginning of such Act accordingly): 21
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‘‘SEC. 1105A. NOTICE AND DAMAGE ASSESSMENT WITH RE-1
SPECT TO SIGNIFICANT UNAUTHORIZED DIS-2
CLOSURE OF CLASSIFIED NATIONAL INTEL-3
LIGENCE. 4
‘‘(a) N
OTIFICATION ANDDAMAGEASSESSMENTRE-5
QUIREMENTS.— 6
‘‘(1) R
EQUIREMENTS.—If the Director of Na-7
tional Intelligence becomes aware of an actual or po-8
tential significant unauthorized disclosure of classi-9
fied national intelligence— 10
‘‘(A) as soon as practicable, but not later 11
than 7 days after the date on which the Director 12
becomes so aware, the Director shall notify the 13
congressional intelligence committees of such ac-14
tual or potential disclosure; and 15
‘‘(B) in the case of an actual disclosure, not 16
later than 7 days after the date on which the Di-17
rector becomes so aware, the Director or the head 18
of any element of the intelligence community 19
from which the significant unauthorized disclo-20
sure originated shall initiate a damage assess-21
ment consistent with the procedures set forth in 22
Intelligence Community Directive 732 (relating 23
to the conduct of damage assessments), or suc-24
cessor directive, with respect to such disclosure. 25
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‘‘(2) CONTENTS OF NOTIFICATION .—A notifica-1
tion submitted to the congressional intelligence com-2
mittees under paragraph (1)(A) with respect to an ac-3
tual or potential significant unauthorized disclosure 4
of classified national intelligence shall include— 5
‘‘(A) a summary of the facts and cir-6
cumstances of such disclosure; 7
‘‘(B) a summary of the contents of the na-8
tional intelligence revealed or potentially re-9
vealed, as the case may be, by such disclosure; 10
‘‘(C) an initial appraisal of the level of ac-11
tual or potential damage, as the case may be, to 12
the national security of the United States as a 13
result of such disclosure; and 14
‘‘(D) in the case of an actual disclosure, 15
which elements of the intelligence community 16
will be involved in the damage assessment con-17
ducted with respect to such disclosure pursuant 18
to paragraph (1)(B). 19
‘‘(b) D
AMAGEASSESSMENTREPORTINGREQUIRE-20
MENTS.— 21
‘‘(1) R
ECURRING REPORTING REQUIREMENT .— 22
Not later than 30 days after the date of the initiation 23
of a damage assessment pursuant to subsection 24
(a)(1)(B), and every 90 days thereafter until the com-25
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•HR 3932 RH
pletion of the damage assessment or upon the request 1
of the congressional intelligence committees, the Direc-2
tor of National Intelligence shall— 3
‘‘(A) submit to the congressional intelligence 4
committees copies of any documents or materials 5
disclosed as a result of the significant unauthor-6
ized disclosure of the classified national intel-7
ligence that is the subject of the damage assess-8
ment; and 9
‘‘(B) provide to the congressional intel-10
ligence committees a briefing on such documents 11
and materials and a status of the damage assess-12
ment. 13
‘‘(2) F
INAL DAMAGE ASSESSMENT .—As soon as 14
practicable after completing a damage assessment 15
pursuant to subsection (a)(1)(B), the Director of Na-16
tional Intelligence shall submit the final damage as-17
sessment to the congressional intelligence committees. 18
‘‘(c) N
OTIFICATION OFREFERRAL TODEPARTMENT OF 19
J
USTICE.—If a referral is made to the Department of Jus-20
tice from any element of the intelligence community regard-21
ing a significant unauthorized disclosure of classified na-22
tional intelligence under this section, the Director of Na-23
tional Intelligence shall notify the congressional intelligence 24
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committees of the referral on the date such referral is 1
made.’’. 2
SEC. 414. IN-STATE TUITION RATES FOR CERTAIN MEMBERS 3
OF INTELLIGENCE COMMUNITY. 4
(a) I
NGENERAL.—Section 135(d) of the Higher Edu-5
cation Act of 1965 (20 U.S.C. 1015d(d)), as amended by 6
section 6206(a)(4) of the Foreign Service Families Act of 7
2021 (Public Law 117–81), is further amended— 8
(1) in paragraph (1), by striking ‘‘or’’ after the 9
semicolon; 10
(2) in paragraph (2), by striking the period at 11
the end and inserting ‘‘; or’’; and 12
(3) by adding at the end the following new para-13
graph: 14
‘‘(3) an officer or employee of an element of the 15
intelligence community (as such term is defined in 16
section 3 of the National Security Act of 1947 (50 17
U.S.C. 3003)) who serves in a position of employment 18
in such element for a period of more than 30 days.’’. 19
(b) E
FFECTIVEDATE.—The amendments made by sub-20
section (a) shall take effect at each public institution of 21
higher education in a State that receives assistance under 22
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 23
for the first period of enrollment at such institution that 24
begins after July 1, 2024. 25
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SEC. 415. REPEAL OF STUDY ON PERSONNEL UNDER STRA-1
TEGIC INTELLIGENCE PARTNERSHIP PRO-2
GRAM. 3
Section 6435 of the Intelligence Authorization Act for 4
Fiscal Year 2023 (Public Law 117–263; 136 Stat. 3533) 5
is repealed (and conforming the table of contents in section 6
6001(b) accordingly). 7
SEC. 416. AUTHORIZATION RELATING TO CERTAIN INTEL-8
LIGENCE AND COUNTERINTELLIGENCE AC-9
TIVITIES OF COAST GUARD. 10
(a) A
UTHORIZATION.—Consistent with the policies, 11
procedures, and coordination required pursuant to section 12
811 of the Counterintelligence and Security Enhancements 13
Act of 1994 (50 U.S.C. 3381) and section 902 of the Coun-14
terintelligence Enhancement Act of 2002 (50 U.S.C. 3382), 15
the Commandant of the Coast Guard may obligate and ex-16
pend amounts made available under the National Intel-17
ligence Program for the intelligence and counterintelligence 18
activities of the Coast Guard to conduct such an activity 19
without regard to any other provision of law or regulation 20
relating to the obligation, expenditure, or accounting of 21
Government funds, if— 22
(1) the object of the activity is of a confidential, 23
extraordinary, or emergency nature; and 24
(2) following each such expenditure, the Com-25
mandant submits to the congressional intelligence 26
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committees a written certification that the object of 1
the activity was of a nature described in paragraph 2
(1). 3
(b) T
REATMENT OF CERTIFICATION.—Each written 4
certification under subsection (a)(2) shall be deemed a full 5
and sufficient voucher for the expenditure of the amount 6
expressed therein, and is final and conclusive upon the ac-7
counting officers of the United States. 8
(c) L
IMITATION.—Except as provided in subsection 9
(d), of the funds made available under the National Intel-10
ligence Program for a fiscal year for the intelligence and 11
counterintelligence activities of the Coast Guard, not more 12
than 5 percent may be expended during the fiscal year 13
under subsection (a) to conduct such activities in accord-14
ance with such subsection unless, for each intended expendi-15
ture in excess of such percentage— 16
(1) the Commandant submits to the congres-17
sional intelligence committees a notification of the in-18
tent to expend the amounts; and 19
(2) a period of 30 days has elapsed following the 20
date on which the Commandant submits such notifi-21
cation. 22
(d) W
AIVER.— 23
(1) A
UTHORITY.—The Commandant may waive 24
the limitation under subsection (c) if the Com-25
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mandant determines such a waiver is necessary as a 1
result of extraordinary circumstances that affect the 2
national security of the United States. 3
(2) N
OTIFICATION TO CONGRESS .—Not later 4
than 2 days after issuing a waiver under paragraph 5
(1), the Commandant shall submit to the congres-6
sional intelligence committees written notice and jus-7
tification for the waiver. 8
(e) N
ATIONALINTELLIGENCEPROGRAMDEFINED.—In 9
this section, the term ‘‘National Intelligence Program’’ has 10
the meaning given that term in section 3 of the National 11
Security Act of 1947 (50 U.S.C. 3003). 12
SEC. 417. INTELLIGENCE COMMUNITY COUNTERINTEL-13
LIGENCE OFFICES. 14
(a) E
STABLISHMENT OFOFFICES.— 15
(1) A
GREEMENTS WITH DEPARTMENTS AND 16
AGENCIES.—The Director of National Intelligence, 17
acting through the Director of the National Counter-18
intelligence and Security Center, shall seek to enter 19
into an agreement with the head of a designated Fed-20
eral department or agency under which the Director 21
of National Intelligence and the head of the des-22
ignated Federal department or agency shall establish 23
within the designated Federal department or agency 24
an office, which shall be known as an ‘‘Intelligence 25
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Community Counterintelligence Office’’, in accord-1
ance with this section. 2
(2) L
OCATION.—Each office established under 3
this subsection within a department or agency shall 4
be physically located within the headquarters of the 5
department or agency and within reasonable prox-6
imity to the offices of the agency or departmental 7
leadership. 8
(3) S
ECURITY.—The Director of the National 9
Counterintelligence and Security Center shall be re-10
sponsible for the protection of classified information 11
and for the establishment and enforcement of all secu-12
rity-related controls within an Intelligence Commu-13
nity Counterintelligence Office. 14
(b) P
ERSONNEL.— 15
(1) D
IRECTOR.— 16
(A) A
PPOINTMENT.—The head of an Intel-17
ligence Community Counterintelligence Office es-18
tablished within a designated Federal depart-19
ment or agency pursuant to this section shall be 20
the Director of the Intelligence Community 21
Counterintelligence Office of the department or 22
agency who is appointed by the Director of Na-23
tional Intelligence. The Director of the Intel-24
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ligence Community Counterintelligence Office 1
shall— 2
(i) be supervised and subject to per-3
formance evaluations by the Director of the 4
National Counterintelligence and Security 5
Center, in consultation with the head of the 6
department or agency; 7
(ii) be an employee of the intelligence 8
community with significant counterintel-9
ligence experience; and 10
(iii) serve for a period of 3 years. 11
(B) R
ESPONSIBILITIES.—The Director of an 12
Intelligence Community Counterintelligence Of-13
fice at a designated Federal department or agen-14
cy shall carry out the following responsibilities: 15
(i) Serving as the head of the Intel-16
ligence Community Counterintelligence Of-17
fice of the department or agency, with su-18
pervisory responsibility for the Office and 19
any other personnel assigned to the Office. 20
(ii) Advising the head of the depart-21
ment or agency on counterintelligence and 22
intelligence information. 23
(iii) Ensuring that counterintelligence 24
threat information and, as appropriate, fin-25
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ished intelligence on topics related to the 1
functions of the department or agency, are 2
provided to appropriate personnel of the de-3
partment or agency without delay. 4
(iv) Ensuring critical intelligence rel-5
evant to the head of the department or agen-6
cy is requested and disseminated in a time-7
ly manner. 8
(v) Establishing, as appropriate, mech-9
anisms for collaboration through which de-10
partment or agency subject matter experts, 11
including those without security clearances, 12
can share information and expertise with 13
the intelligence community. 14
(vi) Correlating and evaluating coun-15
terintelligence threats identified within in-16
telligence community reporting, in coordi-17
nation with the National Counterintel-18
ligence and Security Center, and providing 19
appropriate dissemination of such intel-20
ligence to officials of the department or 21
agency with a need-to-know. 22
(vii) Advising the head of the agency 23
or department on methods to improve the 24
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counterintelligence posture of the agency or 1
department. 2
(viii) Where appropriate, supporting 3
the agency or department leadership in en-4
gaging with the National Security Council. 5
(ix) In coordination with the National 6
Counterintelligence and Security Center, es-7
tablishing counterintelligence partnerships 8
to improve the counterintelligence defense of 9
the department or agency. 10
(2) D
EPUTY DIRECTOR.—Each Intelligence Com-11
munity Counterintelligence Office established within 12
a department or agency shall have a Deputy Director 13
who is appointed by the head of the department or 14
agency, in coordination with the Director of National 15
Intelligence. The Deputy Director shall— 16
(A) be supervised and subject to perform-17
ance evaluations by the head of the department 18
or agency, in consultation with the Director of 19
the National Counterintelligence and Security 20
Center; 21
(B) be a current or former employee of the 22
department or agency with significant experience 23
within such agency or department; and 24
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•HR 3932 RH
(C) serve at the pleasure of the head of the 1
department or agency. 2
(3) O
THER EMPLOYEES.— 3
(A) J
OINT DUTY ASSIGNMENT.—Each Intel-4
ligence Community Counterintelligence Office 5
shall have such other employees as the Director 6
of National Intelligence, in consultation with the 7
head of the department or agency, determines 8
appropriate. Employment at an Intelligence 9
Community Counterintelligence Office is an in-10
telligence community joint duty assignment. A 11
permanent change of station to an Intelligence 12
Community Counterintelligence Office shall be 13
for a period of not less than 2 years. 14
(B) S
UPERVISION.—The Director of the In-15
telligence Community Counterintelligence Office 16
of a department or agency shall be responsible 17
for the supervision and management of employ-18
ees assigned to the Office of that department or 19
agency, including employees assigned by pro-20
gram elements of the intelligence community and 21
other Federal departments and agencies, as ap-22
propriate. 23
(C) J
OINT DUTY OR ASSIGNED PERSONNEL 24
REIMBURSEMENT.—The Director of National In-25
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telligence shall reimburse a program element of 1
the intelligence community or a Federal depart-2
ment or agency for any permanent change of sta-3
tion employee assigned to the Office of that ele-4
ment, department, or agency from amounts au-5
thorized to be appropriated for the Office of the 6
Director of National Intelligence. 7
(D) O
PERATION UNDER AUTHORITY OF DI -8
RECTOR OF NATIONAL INTELLIGENCE .—Employ-9
ees assigned to an Intelligence Community Coun-10
terintelligence Office under this paragraph shall 11
operate under the authorities of the Director of 12
National Intelligence for the duration of their as-13
signment or period of employment within the Of-14
fice, except for temporary duty assignment em-15
ployees. 16
(E) I
NCENTIVE PAY.— 17
(i) I
N GENERAL.—An employee who 18
accepts employment at an Intelligence Com-19
munity Counterintelligence Office during 20
the 120-day period after the date of the es-21
tablishment of the Office shall receive an in-22
centive payment, which shall be payable by 23
the Director of National Intelligence, in an 24
amount equal to 10 percent of the base an-25
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•HR 3932 RH
nual pay of the employee. Such an employee 1
who completes 2 years of service in such Of-2
fice may receive an incentive payment in 3
an amount equal to 10 percent of the base 4
annual pay of the employee if the Director 5
of the Office determines the performance of 6
the employee is exceptional. 7
(ii) A
DDITIONAL INCENTIVE PAYMENTS 8
FOR OTHER EMPLOYMENT .—An employee 9
who receives an incentive payment or pay-10
ments under clause (i) for accepting em-11
ployment in an Intelligence Community 12
Counterintelligence Office may receive an 13
additional incentive payment or payments 14
if the employee accepts employment at a 15
different Intelligence Community Counter-16
intelligence Office. Such payments shall be 17
made under the same terms and conditions 18
as payments under clause (i), except that 19
the amount of each incentive payment shall 20
be 5 percent of the base annual pay of the 21
employee. 22
(iii) E
LIGIBILITY.—An employee is 23
only eligible for an incentive payment 24
under clause (i) or (ii) if the employee en-25
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ters into an agreement with the Director of 1
National Intelligence to serve in the Intel-2
ligence Community Counterintelligence Of-3
fice for a period of at least 2 years. 4
(c) F
UNDING.—Amounts authorized to be appropriated 5
for the National Intelligence Program of the Office of the 6
Director of National Intelligence may be made available 7
for— 8
(1) the renovation, furnishing, and equipping of 9
a Federal building, as necessary, to meet the security 10
and operational requirements of an Intelligence Com-11
munity Counterintelligence Office; 12
(2) the provision of connectivity to the Intel-13
ligence Community Counterintelligence Office of a 14
Federal department or agency that is located within 15
the building of that department or agency to enable 16
briefings, secure audio and video communications, 17
and collaboration between employees of the depart-18
ment or agency and the intelligence community at the 19
unclassified, secret, and top secret levels; 20
(3) the provision of other information technology 21
systems and devices, such as computers, printers, and 22
phones, for use by employees of an Intelligence Com-23
munity Counterintelligence Office; 24
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(4) the assignment of employees of the intel-1
ligence community to support the operation of an In-2
telligence Community Counterintelligence Office; and 3
(5) the provision of other personal services nec-4
essary for the operation of an Intelligence Community 5
Counterintelligence Office. 6
(d) D
EADLINE FORESTABLISHMENT OF OFFICE IN 7
D
EPARTMENT OFAGRICULTURE.— 8
(1) E
STABLISHMENT.—Not later than January 9
1, 2025, the Director of National Intelligence shall 10
seek to establish, in accordance with this section, an 11
Intelligence Community Counterintelligence Office 12
within the Department of Agriculture. 13
(2) R
EPORT.—Not later than 180 days after the 14
date of the enactment of this Act, the Director of Na-15
tional Intelligence shall submit to the congressional 16
intelligence committees a report on the plan to estab-17
lish the Office required under paragraph (1). Such re-18
port shall include the costs and schedule associated 19
with establishing such Office. 20
(e) D
ESIGNATEDFEDERALDEPARTMENT OR AGEN-21
CY.—In this section, the term ‘‘designated Federal depart-22
ment or agency’’ means the Department of Agriculture. 23
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SEC. 418. TERMINATION OF CLIMATE SECURITY ADVISORY 1
COUNCIL. 2
(a) T
ERMINATION.—The Climate Security Advisory 3
Council established under section 120 of the National Secu-4
rity Act of 1947 (50 U.S.C. 3060) shall terminate on the 5
date that is 180 days after the date of the enactment of 6
this Act. 7
(b) W
IND-DOWNPERIOD.—During the 180-day period 8
beginning on the date of the enactment of this Act and end-9
ing on the date of the termination of the Climate Security 10
Advisory Council under subsection (a)— 11
(1) the Director of National Intelligence shall 12
take such steps as may be necessary to complete the 13
termination by such date, including with respect to 14
the discharge of any final duties; and 15
(2) the Climate Security Advisory Council may 16
not carry out operations other than those related to 17
such steps for termination. 18
(c) C
ONFORMINGREPEAL.— 19
(1) R
EPEAL.—Section 120 of the National Secu-20
rity Act of 1947 (50 U.S.C. 3060) is repealed (and 21
conforming the table of contents accordingly). 22
(2) E
FFECTIVE DATE.—The amendment made by 23
paragraph (1) shall take effect on the date that is 180 24
days after the date of the enactment of this Act. 25
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SEC. 419. LIMITATION ON AVAILABILITY OF FUNDS FOR 1
FEDERAL BUREAU OF INVESTIGATION PEND-2
ING SUBMISSION OF INFORMATION REGARD-3
ING CERTAIN MEDIA ENGAGEMENTS. 4
(a) F
INDINGS.—Congress finds that the Director of the 5
Federal Bureau of Investigation has previously agreed to 6
provide the information specified in subsection (b). 7
(b) L
IMITATION.—Of the funds authorized to be appro-8
priated by this Act or otherwise made available under the 9
National Intelligence Program for fiscal year 2024 for the 10
Federal Bureau of Investigation, not more than 98 percent 11
may be obligated or expended until the Director of the Fed-12
eral Bureau of Investigation submits to the congressional 13
intelligence committees a list of media backgrounders con-14
ducted by personnel of the Federal Bureau of Investigation 15
relating to the 2020 election for President or foreign malign 16
influence in the lead up to such election, the dates of such 17
engagements, and the persons with whom such engagements 18
were held. 19
(c) N
ATIONALINTELLIGENCEPROGRAMDEFINED.—In 20
this section, the term ‘‘National Intelligence Program’’ has 21
the meaning given that term in section 3 of the National 22
Security Act of 1947 (50 U.S.C. 3003). 23
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SEC. 420. LIMITATION ON AVAILABILITY OF FUNDS FOR 1
FEDERAL BUREAU OF INVESTIGATION PEND-2
ING SUBMISSION OF CERTAIN MEMORANDUM 3
RELATING TO BUDGET. 4
(a) L
IMITATION.—Of the funds authorized to be appro-5
priated by this Act or otherwise made available under the 6
National Intelligence Program for fiscal year 2024 for the 7
Federal Bureau of Investigation, not more than 99.9 per-8
cent may be obligated or expended until the Director of the 9
Federal Bureau of Investigation, in coordination with the 10
Director of National Intelligence, submits to the congres-11
sional intelligence committees the memorandum of agree-12
ment that governs the policy of the Federal Bureau of Inves-13
tigation on budget execution. 14
(b) N
ATIONALINTELLIGENCEPROGRAMDEFINED.— 15
In this section, the term ‘‘National Intelligence Program’’ 16
has the meaning given that term in section 3 of the National 17
Security Act of 1947 (50 U.S.C. 3003). 18
SEC. 421. LIMITATION ON AVAILABILITY OF FUNDS FOR OF-19
FICE OF THE DIRECTOR OF NATIONAL INTEL-20
LIGENCE PENDING SUBMISSION OF CERTAIN 21
DOCUMENTS AND ANNEXES. 22
Of the funds authorized to be appropriated by this Act 23
or otherwise made available for fiscal year 2024 for the Of-24
fice of the Director of National Intelligence, not more than 25
97 percent may be obligated or expended until the date on 26
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which the Director of National Intelligence submits each 1
document and, if applicable, each annex that is required 2
under section 515 of the National Security Act of 1947 (50 3
U.S.C. 3114) but that, as of the date of the enactment of 4
this Act, has not been submitted. 5
Subtitle B—Reports and Other 6
Matters 7
SEC. 431. INCLUSION OF COUNTERNARCOTICS AS SPECIAL 8
TOPIC IN CERTAIN BUDGET JUSTIFICATION 9
MATERIALS. 10
(a) I
NCLUSION OFCOUNTERNARCOTICS AS SPECIAL 11
T
OPIC.—For the purposes of the congressional budget jus-12
tification book for the National Intelligence Program (as 13
such term is defined in section 3 of the National Security 14
Act of 1947 (50 U.S.C. 3003)) for each of fiscal years 2025 15
through 2027, and for any subsequent fiscal year as the Di-16
rector of National Intelligence determines appropriate, in-17
formation with respect to the aggregate amount of funding 18
requested for counternarcotics required to be included as 19
part of the budget justification materials submitted to Con-20
gress under section 506(a)(3) of such Act shall be included 21
as a provision relating to a special topic in such congres-22
sional budget justification book. 23
(b) C
ONTENTS.—With respect to a fiscal year, the spe-24
cial topic provision included in the congressional budget 25
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justification book pursuant to subsection (a) regarding the 1
aggregate amount of funding requested for counternarcotics 2
shall include— 3
(1) a summary of the main activities and invest-4
ments that such requested funding would support; 5
(2) a breakdown of such requested funding by 6
program, budget category, intelligence discipline, and 7
any other appropriate classification; 8
(3) a comparison of aggregate requested funding 9
and aggregate enacted funding for counternarcotics 10
for the current fiscal year and the previous fiscal 11
year; 12
(4) the number of full-time equivalent civilian 13
and military personnel assigned to the counter-14
narcotics mission of the intelligence community; and 15
(5) such other information as the Director of Na-16
tional Intelligence determines appropriate. 17
SEC. 432. DEVELOPMENT OF PLAN TO MAKE OPEN-SOURCE 18
INTELLIGENCE PRODUCTS AVAILABLE TO 19
CERTAIN FEDERAL EMPLOYEES. 20
(a) P
LANREQUIREMENT.—Not later than 180 days 21
after the date of the enactment of this Act, the Director of 22
National Intelligence, in consultation with such heads of the 23
elements of the intelligence community as the Director con-24
siders appropriate, shall develop and submit to the congres-25
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sional intelligence committees a plan to make available to 1
covered individuals any covered open-source intelligence 2
product. 3
(b) E
LEMENTS.—The plan required under subsection 4
(a) shall include the following: 5
(1) Policies and procedures to make available to 6
covered individuals any covered open-source intel-7
ligence product in a manner consistent with the pro-8
tection of intelligence sources and methods. 9
(2) Policies and procedures to increase the avail-10
ability and accessibility to covered individuals of 11
publicly available foreign language material that is 12
translated by or within the intelligence community. 13
(3) Policies and procedures to ensure that the 14
head of each element of the intelligence community 15
that produces any covered open-source intelligence 16
product complies with all policies and procedures 17
issued to implement the plan submitted under sub-18
section (a). 19
(4) Policies and procedures to ensure that any 20
covered open-source intelligence product that is made 21
available to covered individuals satisfies the require-22
ments under any policy, procedure, or standard 23
issued by the head of an element of the intelligence 24
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community relating to the production and dissemina-1
tion of intelligence products. 2
(5) Any obstacles to making available to covered 3
individuals unclassified products derived from open- 4
source intelligence produced by the intelligence com-5
munity, including translated foreign language mate-6
rial described in paragraph (2). 7
(6) With respect to implementation of the plan, 8
a discussion of the estimated timeline, any additional 9
funding or other resources, and any new authorities 10
that would be required for such implementation. 11
(7) A discussion of the feasibility and advis-12
ability of making unclassified products derived from 13
open-source intelligence produced by the intelligence 14
community available to State and local government 15
officials who would derive value from such unclassi-16
fied products. 17
(c) F
ORM.—The plan required under subsection (a) 18
shall be submitted in unclassified form, but may include 19
a classified annex. 20
(d) I
NTELLIGENCECOMMUNITYDIRECTIVEWITHRE-21
SPECT TOOPEN-SOURCEINTELLIGENCE.—Not later than 22
180 days after the date of the enactment of this Act, the 23
Director of National Intelligence shall update Intelligence 24
Community Directive 208, Maximizing the Utility of Ana-25
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lytic Products (or any successor directive) to specifically 1
address— 2
(1) the production and dissemination of unclas-3
sified intelligence products derived entirely from 4
open-source intelligence, including from unclassified 5
publicly available information, unclassified commer-6
cially available information, or any other type of un-7
classified information; and 8
(2) the needs and requirements of covered indi-9
viduals who do not hold a security clearance or have 10
access to the classified systems on which such unclas-11
sified intelligence products reside. 12
(e) D
EFINITIONS.—In this section: 13
(1) C
OVERED INDIVIDUAL.—The term ‘‘covered 14
individual’’ means an employee of the Federal Gov-15
ernment— 16
(A) who is not an employee or contractor of 17
an element of the intelligence community; and 18
(B) who would derive value from a covered 19
open-source intelligence product. 20
(2) C
OVERED OPEN -SOURCE INTELLIGENCE 21
PRODUCT.—The term ‘‘covered open-source intel-22
ligence product’’ means an unclassified product de-23
rived from open-source intelligence that is produced 24
by the intelligence community. 25
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SEC. 433. INTELLIGENCE COMMUNITY-WIDE POLICY ON 1
PREPUBLICATION REVIEW. 2
Not later than 30 days after the date of the enactment 3
of this Act, the Director of National Intelligence shall issue, 4
and submit to the congressional intelligence committees, an 5
intelligence community-wide policy regarding prepublica-6
tion review. 7
SEC. 434. REVIEW RELATING TO CONFIDENTIAL HUMAN 8
SOURCE PROGRAM OF FEDERAL BUREAU OF 9
INVESTIGATION. 10
(a) R
EVIEW BYINSPECTORGENERAL OF INTEL-11
LIGENCECOMMUNITY.— 12
(1) R
EVIEW.—The Inspector General of the Intel-13
ligence Community, in coordination with the Inspec-14
tor General of the Department of Justice, shall con-15
duct a review of the policies and procedures governing 16
the confidential human source program of the Federal 17
Bureau of Investigation (in this section referred to as 18
the ‘‘program)’’ and the compliance by the Federal 19
Bureau of Investigation with such policies and proce-20
dures, including— 21
(A) the policy of the Department of Justice 22
titled ‘‘The Attorney General’s Guidelines Re-23
garding the Use of FBI Confidential Sources’’ 24
(or successor policy); and 25
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(B) Intelligence Community Directive 304 1
(or successor directive). 2
(2) E
LEMENTS.—The review under paragraph 3
(1) shall include the following: 4
(A) An assessment of the compliance by the 5
Federal Bureau of Investigation with the policies 6
and procedures governing the program, includ-7
ing with respect to the management and valida-8
tion of confidential human sources under such 9
program. 10
(B) An assessment of the means by which 11
the Federal Bureau of Investigation conducts 12
risk assessments relating to the continual valida-13
tion of long-term confidential human sources 14
under the program. 15
(C) An assessment of the timeliness and 16
completion rates of the reviews of confidential 17
human sources under the program. 18
(D) An identification of the data points as-19
sessed by the Federal Bureau of Investigation 20
during such reviews and the State and local 21
databases used in conducting such reviews. 22
(E) A list containing an identification of 23
each incident of noncompliance with a policy or 24
procedure specified in subparagraph (A). 25
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(3) SUBMISSION.—Not later than 90 days after 1
the date on which the review under paragraph (1) is 2
completed, the Inspector General of the Intelligence 3
Community shall submit to the congressional intel-4
ligence committees a report containing the results of 5
such review. 6
(b) R
EQUIREMENT.—Beginning not later than 180 7
days after the date of the enactment of this Act, with respect 8
to any confidential human source the management of which 9
is funded through the National Intelligence Program— 10
(1) if an agent of the Federal Bureau of Inves-11
tigation has reasonable grounds to believe that such a 12
confidential human source, or any immediate family 13
member of such a source, has engaged in unauthorized 14
criminal activity, including any misdemeanor or fel-15
ony crime, the agent shall promptly notify a con-16
fidential human source coordinator or the assigned 17
Federal prosecutor; and 18
(2) the file of each such confidential human 19
source shall be reviewed on at least a quarterly basis 20
and in a manner otherwise consistent with the guide-21
lines of the Attorney General and other policies of the 22
Federal Bureau of Investigation. 23
(c) D
EFINITIONS.—In this section: 24
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(1) IMMEDIATE FAMILY MEMBER .—The term 1
‘‘immediate family member’’ means, with respect to 2
an individual, a spouse, domestic partner, parent, 3
sibling, child, stepparent, stepsibling, or stepchild of 4
the individual. 5
(2) N
ATIONAL INTELLIGENCE PROGRAM .—The 6
term ‘‘National Intelligence Program’’ has the mean-7
ing given such term in section 3 of the National Secu-8
rity Act of 1947 (50 U.S.C. 3003). 9
SEC. 435. INSPECTOR GENERAL OF THE INTELLIGENCE 10
COMMUNITY ASSESSMENT OF OVERT HUMAN 11
INTELLIGENCE COLLECTION PROGRAM OF 12
DEPARTMENT OF HOMELAND SECURITY. 13
(a) A
SSESSMENT.— 14
(1) R
EQUIREMENT.—The Inspector General of 15
the Intelligence Community shall conduct an assess-16
ment of the Overt Human Intelligence Collection Pro-17
gram administered by the Under Secretary of Home-18
land Security for Intelligence and Analysis. 19
(2) E
LEMENTS.—The assessment under para-20
graph (1) shall include findings and, as appropriate, 21
recommendations on the following: 22
(A) Whether the Overt Human Intelligence 23
Collection Program is authorized or otherwise 24
supported by legal authorities. 25
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(B) Whether, and to what extent, such Pro-1
gram has provided valuable insights on national 2
intelligence priorities and intelligence priorities 3
of the Department of Homeland Security. 4
(C) Whether there is sufficient training pro-5
vided to, and sufficient oversight provided of, of-6
ficers and employees of the Office of Intelligence 7
and Analysis of the Department of Homeland 8
Security who conduct interviews or other engage-9
ments for intelligence collection purposes under 10
such Program. 11
(D) Whether the responsibilities, procedures, 12
and requirements for such Program set forth in 13
Policy Instruction 907 of the Office of Intel-14
ligence and Analysis, issued on June 29, 2016, 15
(or any successor instruction) are clear, com-16
plete, and consistently complied with by such of-17
ficers and employees. 18
(E) Whether such Program raises, or, with 19
respect to activities conducted under such Pro-20
gram prior to the date of such assessment, has 21
raised, legal, ethical, or operational concerns, in-22
cluding concerns relating to the actual or poten-23
tial violation of any applicable policies or proce-24
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dures for protecting the constitutional or statu-1
tory rights of United States persons. 2
(F) Any other matter the Inspector General 3
of the Intelligence Community determines appro-4
priate. 5
(3) B
RIEFING.—Not later than 180 days after 6
the date of the enactment of this Act, the Inspector 7
General of the Intelligence Community shall provide 8
to the appropriate congressional committees a briefing 9
on the preliminary findings and recommendations of 10
the Inspector General with respect to the assessment 11
under paragraph (1). 12
(4) R
EPORT.—Not later than 1 year after the 13
date of the enactment of this Act, the Inspector Gen-14
eral of the Intelligence Community shall submit to the 15
appropriate congressional committees a report con-16
taining the findings and recommendations of the In-17
spector General with respect to the assessment under 18
paragraph (1). 19
(b) P
ROHIBITION ONAVAILABILITY OFFUNDS.—None 20
of the funds authorized to be appropriated by this Act may 21
be made available to the Office of Intelligence and Analysis 22
to conduct or resume a covered activity. 23
(c) D
EFINITION.—In this section: 24
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(1) APPROPRIATE CONGRESSIONAL COMMIT -1
TEES.—The term ‘‘appropriate congressional commit-2
tees’’ means the following: 3
(A) The congressional intelligence commit-4
tees. 5
(B) The Committee on Homeland Security 6
of the House of Representatives. 7
(C) The Committee on Homeland Security 8
and Governmental Affairs of the Senate. 9
(2) C
OVERED ACTIVITY.—The term ‘‘covered ac-10
tivity’’ means an activity the conduct of which under 11
the Overt Human Intelligence Collection Program 12
was paused in 2022 (as described in the document 13
submitted to the Permanent Select Committee on In-14
telligence of the House of Representatives by the 15
Under Secretary of Homeland Security for Intel-16
ligence and Analysis, titled ‘‘Response to Questions 17
during HPSCI Briefing on March 7, 2023’’), involv-18
ing the conduct by an officer or employee of the Office 19
of Intelligence and Analysis of an interview or other 20
engagement for intelligence collection purposes with 21
an individual, in connection with a criminal mat-22
ter— 23
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(A) who has been charged, arraigned, or is 1
in the custody of a Federal, State, or local law 2
enforcement agency; and 3
(B) whose guilt with respect to such matter 4
has not yet been adjudicated. 5
(3) O
VERT HUMAN INTELLIGENCE COLLECTION 6
PROGRAM.—The term ‘‘Overt Human Intelligence 7
Collection Program’’ means the program established 8
by the Under Secretary of Homeland Security for In-9
telligence and Analysis pursuant to Policy Instruc-10
tion 907 of the Office of Intelligence and Analysis, 11
issued on June 29, 2016 (or any successor program). 12
(4) U
NITED STATES PERSON.—The term ‘‘United 13
States person’’ has the meaning given that term in 14
section 101 of the Foreign Intelligence Surveillance 15
Act of 1978 (50 U.S.C. 1801). 16
SEC. 436. INTELLIGENCE ASSESSMENTS REGARDING HAITI. 17
(a) I
NTELLIGENCECOMMUNITYASSESSMENT.— The 18
Director of National Intelligence, acting through the Na-19
tional Intelligence Council, shall produce an intelligence 20
community assessment regarding Haiti. Such assessment 21
shall include each of the following: 22
(1) An analysis of the security, political, and 23
economic situation in Haiti, and its effect on— 24
(A) the people of Haiti; 25
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(B) other countries in the Caribbean region; 1
and 2
(C) the United States, including Puerto 3
Rico and the United States Virgin Islands, as a 4
result of increased out-migration from Haiti to 5
the United States, the increased use of Haiti as 6
a transshipment point for illicit drugs destined 7
for the United States, or any other relevant fac-8
tor or trend. 9
(2) A description of opportunities available to 10
improve or stabilize the security, political, and eco-11
nomic situation in Haiti. 12
(3) An identification of specific events or actions 13
in Haiti that, were they to occur individually or in 14
combination, would serve as signposts indicating the 15
further deterioration or collapse of the security, polit-16
ical, and economic situation in Haiti. 17
(b) I
NTELLIGENCEASSESSMENT.—The Director of Na-18
tional Intelligence shall produce an intelligence assessment 19
based on a review of the intelligence products pertaining 20
to Haiti that were written by elements of the intelligence 21
community and provided to policymakers during the period 22
of time beginning on January 1, 2021, and ending on July 23
7, 2021. Such assessment shall include each of the following: 24
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(1) An analysis of whether, during the time pe-1
riod covered by the assessment, the intelligence com-2
munity provided policymakers with adequate indica-3
tions and warning of the assassination of Haitian 4
President Jovenal Moise on July 7, 2021. 5
(2) An analysis of whether, during such time pe-6
riod, the intelligence community provided policy-7
makers with useful and unique insights, derived from 8
both covertly collected and open-source intelligence, 9
that policymakers would not otherwise have been able 10
to obtain from sources outside of the intelligence com-11
munity. 12
(3) Based on the analyses conducted under para-13
graphs (1) and (2), any recommendations to improve 14
indications and warning or to otherwise enhance the 15
utility for policymakers of intelligence products that 16
the intelligence community prepares on Haiti, specifi-17
cally, or on other countries characterized by chronic 18
insecurity, instability, and poverty. 19
(c) S
UBMISSION TOCONGRESS.— 20
(1) I
N GENERAL.—Not later than 1 year after 21
the date of the enactment of this Act, the Director 22
shall concurrently submit to the congressional intel-23
ligence committees the intelligence community assess-24
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ment produced under subsection (a) and the intel-1
ligence assessment produced under subsection (b). 2
(2) F
ORM.— The assessments submitted under 3
paragraph (1) shall be submitted in classified form. 4
SEC. 437. INTELLIGENCE ASSESSMENT OF INFLUENCE OP-5
ERATIONS BY PEOPLE’S REPUBLIC OF CHINA 6
TOWARD PACIFIC ISLANDS COUNTRIES. 7
(a) A
SSESSMENT.—Not later than 180 days after the 8
date of the enactment of this Act, the Assistant Secretary 9
of State for Intelligence and Research, in consultation with 10
the heads of the other elements of the intelligence community 11
that the Assistant Secretary determines appropriate, shall 12
submit to the congressional intelligence committees an as-13
sessment of influence operations by the People’s Republic 14
of China toward Pacific Islands countries. 15
(b) E
LEMENTS.—The intelligence assessment under 16
subsection (a) shall include the following: 17
(1) A description of recent and potential future 18
efforts by the People’s Republic of China, using either 19
overt or covert means, to enhance its security, polit-20
ical, diplomatic, or economic ties with Pacific Islands 21
countries. 22
(2) An assessment of how the People’s Republic 23
of China views the success of its efforts to expand in-24
fluence in Pacific Islands countries, and the impor-25
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tance of such efforts to its national security, foreign 1
policy, and economic development objectives. 2
(3) An identification of Pacific Islands countries 3
in which the People’s Republic of China has estab-4
lished, or is seeking to establish, an intelligence pres-5
ence or intelligence partnerships. 6
(4) An assessment of the degree to which the Peo-7
ple’s Republic of China is using economic or other 8
forms of coercion to pressure the Pacific Islands coun-9
tries that diplomatically recognize Taiwan (the Re-10
public of the Marshall Islands, Palau, Nauru, and 11
Tuvalu) into instead recognizing the People’s Repub-12
lic of China. 13
(5) An analysis of how specific Pacific Islands 14
countries are responding to efforts by the People’s Re-15
public of China to increase bilateral engagement. 16
(6) An assessment of the influence of the People’s 17
Republic of China in the Pacific Islands Forum (the 18
main multilateral organization of the region) and of 19
the efforts of the People’s Republic of China to estab-20
lish parallel regional organizations and recruit Pa-21
cific Islands countries to participate. 22
(7) An analysis of opportunities for the United 23
States to counter influence operations by the People’s 24
Republic of China in the Pacific Islands region that 25
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undermine the national security or economic interests 1
of the United States. 2
(c) F
ORM.—The intelligence assessment under sub-3
section (a) may be submitted in classified form. 4
(d) D
EFINITIONS.—In this section: 5
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -6
TEES.—The term ‘‘appropriate congressional commit-7
tees’’ means— 8
(A) the congressional intelligence commit-9
tees; 10
(B) the Committee on Foreign Affairs and 11
the Select Committee on the Strategic Competi-12
tion Between the United States and the Chinese 13
Communist Party of the House of Representa-14
tives; and 15
(C) the Committee on Foreign Relations of 16
the Senate. 17
(2) P
ACIFIC ISLANDS COUNTRIES .—The term 18
‘‘Pacific Islands countries’’ includes the Federated 19
States of Micronesia, Fiji, French Polynesia, 20
Kiribati, the Republic of the Marshall Islands, Nauru, 21
Palau, Solomon Islands, Tonga, Samoa, Niue, 22
Tuvalu, and Vanuatu. 23
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SEC. 438. INDEPENDENT STUDY ON ECONOMIC IMPACT OF 1
MILITARY INVASION OF TAIWAN BY PEOPLE’S 2
REPUBLIC OF CHINA. 3
(a) R
EQUIREMENT.—Not later than 60 days after the 4
date of the enactment of this Act, the Director of National 5
Intelligence shall seek to enter into a contract with an eligi-6
ble entity to conduct a comprehensive study on the global 7
economic impact of a military invasion of Taiwan by the 8
People’s Republic of China or certain other aggressive or 9
coercive actions taken by the People’s Republic of China 10
with respect to Taiwan. 11
(b) M
ATTERSINCLUDED.—The study required under 12
subsection (a) shall include the following: 13
(1) An assessment of the economic impact glob-14
ally, in the United States, and in the People’s Repub-15
lic of China that would result from an invasion of 16
Taiwan by the People’s Republic of China under var-17
ious potential invasion and response scenarios, in-18
cluding with respect to the impact on— 19
(A) supply chains; 20
(B) trade flows; 21
(C) financial markets; 22
(D) sovereign debt; and 23
(E) gross domestic product, unemployment, 24
and other key economic indicators. 25
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(2) An assessment of the economic impact glob-1
ally, in the United States, and in the People’s Repub-2
lic of China that would result from of an aggressive 3
or coercive military, economic, or other action taken 4
by the People’s Republic of China with respect to Tai-5
wan that falls short of an invasion, including as a re-6
sult of a blockade of Taiwan. 7
(3) The development of economic policy options, 8
to include sanctions and supply chain restrictions, 9
designed to cause escalating impacts on the economy 10
of the People’s Republic of China during a preconflict 11
phase. 12
(c) R
EPORT.— 13
(1) I
N GENERAL.—Not later than 270 days after 14
the date of the enactment of this Act, the eligible enti-15
ty that the Director of National Intelligence enters 16
into an agreement with under subsection (a) shall 17
submit to the Director a report containing the results 18
of the study conducted under such subsection. 19
(2) S
UBMISSION TO CONGRESS .—Not later than 20
30 days after the date the Director receives the report 21
under paragraph (1), the Director shall submit the re-22
port to the congressional intelligence committees. 23
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(3) FORM OF REPORT .—The report required 1
under this subsection shall be submitted in unclassi-2
fied form, but may include a classified annex. 3
(d) E
LIGIBLEENTITYDEFINED.—In this section, the 4
term ‘‘eligible entity’’ means a federally funded research 5
and development center or nongovernmental entity which 6
has— 7
(1) a primary focus on studies and analysis; 8
(2) experience and expertise relevant to the study 9
required under subsection (a); and 10
(3) a sufficient number of personnel with the ap-11
propriate security clearance to conduct such study. 12
SEC. 439. REPORTS ON CIVILIAN CASUALTIES CAUSED BY 13
CERTAIN OPERATIONS OF FOREIGN GOVERN-14
MENTS. 15
(a) A
NNUALREPORTS.—Not later than 1 year after 16
the date of the enactment of this Act, and annually there-17
after for 2 years, the Director of National Intelligence shall 18
submit to the congressional intelligence committees a report 19
on civilian casualties caused by covered operations. 20
(b) E
LEMENTS.—Each report under subsection (a) 21
shall include, for the year covered by the report, each of 22
the following: 23
(1) A list identifying each covered operation dur-24
ing that year that has resulted in civilian casualties 25
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that the Director of National Intelligence has con-1
firmed. 2
(2) An identification of the total number of civil-3
ian casualties resulting from covered operations dur-4
ing that year that the Director of National Intel-5
ligence has confirmed. 6
(3) For each covered operation identified in the 7
list under paragraph (1), an identification of the fol-8
lowing: 9
(A) The date on which, and the location 10
where, the covered operation occurred. 11
(B) The element of the foreign government 12
that conducted the covered operation. 13
(C) The individual or entity against which 14
the covered operation was directed. 15
(D) Any other circumstances or facts that 16
the Director of National Intelligence determines 17
relevant. 18
(c) F
ORM.—Each report required under subsection (a) 19
may be submitted in classified form, but if so submitted 20
shall include an unclassified executive summary. 21
(d) C
OVEREDOPERATIONDEFINED.—In this section, 22
the term ‘‘covered operation’’ means an operation— 23
(1) conducted by a foreign government; 24
(2) involving the use of force; and 25
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(3) in which intelligence shared by an element of 1
the intelligence community plays a significant role. 2
SEC. 440. REPORT BY DIRECTOR OF NATIONAL INTEL-3
LIGENCE ON UYGHUR GENOCIDE. 4
(a) R
EPORT ONUYGHURGENOCIDE.— 5
(1) S
UBMISSION.—Not later than 180 days after 6
the date of the enactment of this Act, the Director of 7
National Intelligence, in coordination with the rel-8
evant heads of the elements of the intelligence commu-9
nity, shall submit to the congressional intelligence 10
committees a report on the Uyghur genocide. 11
(2) M
ATTERS.—The report under paragraph (1) 12
shall address the following matters: 13
(A) Forced sterilization, forced birth con-14
trol, and forced abortion of Uyghurs. 15
(B) Forced transfer of Uyghur children 16
from their families. 17
(C) Forced labor of Uyghurs, inside and 18
outside of Xinjiang. 19
(D) The work conditions of Uyghur laborers 20
(including laborers in the textile, automobile and 21
electric vehicle, solar panel, polyvinyl chloride, 22
and rare earth metals sectors), including an 23
identification of any company that is— 24
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(i) organized under the laws of the 1
People’s Republic of China or otherwise sub-2
ject to the jurisdiction of (or over which 3
control is exercised or exercisable by) the 4
Government of the People’s Republic of 5
China; and 6
(ii) employing forced Uyghur laborers 7
from Xinjiang. 8
(E) Any other forms of physical or psycho-9
logical torture against Uyghurs. 10
(F) Any other actions that infringe on the 11
rights of Uyghurs to live freely in accordance 12
with their customs, culture, and religious prac-13
tices. 14
(G) The methods of surveillance of Uyghurs, 15
including surveillance via technology, law en-16
forcement notifications, and forcing Uyghurs to 17
live with other individuals for monitoring pur-18
poses. 19
(H) Such other matters as the Director of 20
National Intelligence may determine appro-21
priate. 22
(3) F
ORM.—The report under paragraph (1) 23
shall be submitted in unclassified form, but may in-24
clude a classified annex. 25
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(b) DEFINITIONS.—In this section, the terms ‘‘congres-1
sional intelligence committees’’, ‘‘intelligence’’, ‘‘intelligence 2
community’’, and ‘‘national intelligence’’ have the mean-3
ings given those terms in section 3 of the National Security 4
Act of 1947 (50 U.S.C. 3003). 5
SEC. 441. TECHNICAL CORRECTIONS. 6
(a) N
ATIONALSECURITYACT OF1947.—The National 7
Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended— 8
(1) in section 102A(n) (50 U.S.C. 3024(n)) by 9
redesignating the second paragraph (5) as paragraph 10
(6); 11
(2) in section 503(c)(3) (50 U.S.C. 3093(c)(3)), 12
by striking ‘‘section’’ and inserting ‘‘subsection’’; 13
(3) in section 805(6) (50 U.S.C. 3164(6)), by 14
striking ‘‘sections 101 (a) and (b)’’ and inserting 15
‘‘subsections (a) and (b) of section 101’’; and 16
(4) in section 1102A (50 U.S.C. 3232a)— 17
(A) in subsection (b)(3), by striking ‘‘sub-18
section (2)’’ and inserting ‘‘paragraph (1)’’; and 19
(B) in subsection (c)(4)(C)(iv), by striking 20
‘‘wavier’’ and inserting ‘‘waiver’’. 21
(b) I
NTELLIGENCEAUTHORIZATIONACT FORFISCAL 22
Y
EAR2023.—The Intelligence Authorization Act for Fiscal 23
Year 2023 (division F of Public Law 117–263) is amend-24
ed— 25
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(1) in section 6422(b) (50 U.S.C. 3334l(b)), by 1
striking ‘‘Congressional’’ and inserting ‘‘congres-2
sional’’; and 3
(2) in section 6732(b) (50 U.S.C. 3024 note; 136 4
Stat. 3583), by striking ‘‘paragraph (5)’’ and insert-5
ing ‘‘paragraph (6)’’. 6
(c) D
AVIDL. BORENNATIONALSECURITYEDUCATION 7
A
CT OF1991.—The David L. Boren National Security 8
Education Act of 1991 (50 U.S.C. 1901 et seq.) is amend-9
ed— 10
(1) in section 802(j)(6) (50 U.S.C. 1902(j)(6))— 11
(A) by redesignating subparagraphs (C) 12
and (D) as subparagraphs (B) and (C), respec-13
tively; and 14
(B) in subparagraph (B), as so redesig-15
nated, by striking ‘‘subparagraph (D)’’ and in-16
serting ‘‘subparagraph (C)’’; 17
(2) in section 803(d)(9)(D) (50 U.S.C. 18
1903(d)(9)(D)), by striking ‘‘Local’’ and inserting 19
‘‘local’’; and 20
(3) in section 808(4)(A) (50 U.S.C. 1908(4)(A)), 21
by striking ‘‘a agency’’ and inserting ‘‘an agency’’. 22
(d) C
ENTRALINTELLIGENCEAGENCYRETIREMENT 23
A
CT.—The Central Intelligence Agency Retirement Act (50 24
U.S.C. 2001 et seq.) is amended— 25
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(1) in section 211(c)(2)(B) (50 U.S.C. 1
2021(c)(2)(B)), by striking ‘‘subsection 241(c)’’ and 2
inserting ‘‘section 241(c)’’; 3
(2) in section 263(g)(1) (50 U.S.C. 2093(g)(1)), 4
by striking ‘‘Fund’’ and inserting ‘‘fund’’; 5
(3) in section 271(b) (50 U.S.C. 2111(b)), by 6
striking ‘‘section 231(b)’’ and inserting ‘‘section 7
231(c)’’; and 8
(4) in section 304(c) (50 U.S.C. 2154(c))— 9
(A) in paragraph (1)(B)(i), by striking 10
‘‘title 50’’ and inserting ‘‘title 5’’; and 11
(B) in paragraph (5)(A)(ii), by striking 12
‘‘sections’’ and inserting ‘‘section’’. 13
(e) I
NTELLIGENCEREFORM ANDTERRORISMPREVEN-14
TIONACT OF2004.—Section 3001 of the Intelligence Re-15
form and Terrorism Prevention Act of 2004 (50 U.S.C. 16
3341) is amended— 17
(1) in subsection (a)— 18
(A) in paragraph (4)(B)(i), by striking the 19
semicolon and inserting ‘‘);’’; and 20
(B) in paragraph (9)(A), by striking ‘‘with 21
industry’’ and inserting ‘‘within industry’’; and 22
(2) in subsection (j)(1)(C)(i), by striking ‘‘(d),’’ 23
and all that follows through ‘‘section 8H’’ and insert-24
ing ‘‘(d), and (h) of section 8H’’. 25
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(f) INTELLIGENCEAUTHORIZATIONACT FORFISCAL 1
Y
EAR2003.—The Intelligence Authorization Act for Fiscal 2
Year 2003 (Public Law 107–306; 116 Stat. 2383) is amend-3
ed— 4
(1) in section 313(d)(3)(B) (50 U.S.C. 5
3361(d)(3)(B)), by adding a period at the end; and 6
(2) in section 343(d)(1) (50 U.S.C. 3363(d)(1)), 7
by striking ‘‘Not later then’’ and inserting ‘‘Not later 8
than’’. 9
(g) C
ENTRALINTELLIGENCEAGENCYACT OF1949.— 10
The Central Intelligence Agency Act of 1949 (50 U.S.C. 11
3501 et seq.) is amended— 12
(1) in section 4— 13
(A) in subsection (a)(1)(E) (50 U.S.C. 14
3505(a)(1)(E)), by striking the period at the end 15
and inserting ‘‘; and’’; and 16
(B) in subsection (b)(2) (50 U.S.C. 17
3505(b)(2)), by striking ‘‘authorized by section’’ 18
and inserting ‘‘authorized by sections’’; 19
(2) in section 6 (50 U.S.C. 3507), by striking 20
‘‘or of the, names’’ and inserting ‘‘or of the names’’; 21
(3) in section 12(a)(2)(A) (50 U.S.C. 22
3512(a)(2)(A)), by striking ‘‘used only for—″’’ and 23
inserting ‘‘used only for—’’; 24
(4) in section 17— 25
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(A) in subsection (d)(5)(B)(ii) (50 U.S.C. 1
3517(d)(5)(B)(ii)), by adding a period at the 2
end; and 3
(B) in subsection (e)(4) (50 U.S.C. 4
3517(e)(4)), by striking ‘‘which oath affirmation, 5
or affidavit’’ and inserting ‘‘which oath, affirma-6
tion, or affidavit’’; and 7
(5) in section 19(a)(2) (50 U.S.C. 3519(a)(2)), 8
by striking ‘‘, as a participant’’ and inserting ‘‘as a 9
participant’’. 10
(h) C
ENTRALINTELLIGENCEAGENCYVOLUNTARY 11
S
EPARATIONPAYACT.—Section 2(a)(1) of the Central In-12
telligence Agency Voluntary Separation Pay Act (50 U.S.C. 13
3519a(a)(1)) is amended by adding ‘‘and’’ at the end. 14
(i) N
ATIONALSECURITYAGENCYACT OF1959.—Sec-15
tion 16(d)(1) of the National Security Agency Act of 1959 16
(50 U.S.C. 3614(d)(1)) is amended by striking ‘‘program 17
participant,’’ and inserting ‘‘program participant’’. 18
(j) I
NTELLIGENCEAUTHORIZATIONACT FORFISCAL 19
Y
EAR1995.—Section 811(e)(7) of the Intelligence Author-20
ization Act for Fiscal Year 1995 (50 U.S.C. 3381(e)(7)) is 21
amended by striking ‘‘sections 101 (a) and (b)’’ and insert-22
ing ‘‘subsections (a) and (b) of section 101’’. 23
(k) C
OORDINATIONWITHOTHERAMENDMENTSMADE 24
BYTHISACT.—For purposes of applying amendments 25
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made by provisions of this Act other than this section, the 1
amendments made by this section shall be treated as having 2
been enacted immediately before any such amendments by 3
other provisions of this Act. 4
TITLE V—MATTERS RELATING 5
TO DEFENSE INTELLIGENCE 6
AND OVERHEAD ARCHITEC-7
TURE 8
SEC. 501. EXTENSION OF AUTHORITY TO ENGAGE IN COM-9
MERCIAL ACTIVITIES AS SECURITY FOR IN-10
TELLIGENCE COLLECTION ACTIVITIES. 11
Section 431(a) of title 10, United States Code, is 12
amended by striking ‘‘December 31, 2023’’ and inserting 13
‘‘December 31, 2024’’. 14
SEC. 502. MODIFICATION OF REPORTING REQUIREMENT 15
FOR ALL-DOMAIN ANOMALY RESOLUTION OF-16
FICE. 17
Section 1683(k)(1) of the National Defense Authoriza-18
tion Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as 19
amended by section 6802(a) of the Intelligence Authoriza-20
tion Act for Fiscal Year 2023 (Public Law 117–263), is 21
further amended— 22
(1) in the heading, by striking ‘‘
DIRECTOR OF 23
NATIONAL INTELLIGENCE AND SECRETARY OF DE -24
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FENSE’’ and inserting ‘‘ALL-DOMAIN ANOMALY RESO -1
LUTION OFFICE’’; and 2
(2) in subparagraph (A), by striking ‘‘Director 3
of National Intelligence and the Secretary of Defense 4
shall jointly’’ and inserting ‘‘Director of the Office 5
shall’’. 6
SEC. 503. MILITARY INTELLIGENCE COLLECTION AND 7
ANALYSIS PARTNERSHIPS. 8
(a) U
SE OFAPPROPRIATEDFUNDS.—The Director of 9
the Defense Intelligence Agency may use not more than 10
$10,000,000 of appropriated funds available to the Defense 11
Intelligence Agency for each fiscal year to pay for the ex-12
penses of partnerships with foreign countries, regional orga-13
nizations with defense, intelligence, or security components, 14
and security alliances of which the United States is a mem-15
ber for military intelligence collection and analysis activi-16
ties. 17
(b) U
SE OFFUNDSOTHERTHANAPPROPRIATED 18
F
UNDS.—Notwithstanding any other provision of law, the 19
Director may use funds other than appropriated funds to 20
pay for the expenses of partnerships with foreign countries, 21
regional organizations with defense or security components, 22
and security alliances of which the United States is a mem-23
ber for military intelligence collection and analysis activi-24
ties, except that— 25
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(1) no such funds may be expended, in whole or 1
in part, by or for the benefit of the Defense Intel-2
ligence Agency for a purpose for which Congress had 3
previously denied funds; 4
(2) proceeds from the sale of military intelligence 5
collection and analysis items may be used only to 6
purchase replacement items similar to the items that 7
are sold; and 8
(3) the authority provided by this subsection 9
may not be used to acquire items or services for the 10
principal benefit of the United States. 11
(c) L
OGISTICSUPPORT, SUPPLIES, ANDSERVICES.— 12
Notwithstanding any other provision of law, the Director 13
may exercise the authority under this section to pay for, 14
or otherwise facilitate, the logistic support, supplies, and 15
services associated with partnerships with foreign countries, 16
regional organizations with defense or security components, 17
and security alliances of which the United States is a mem-18
ber. 19
(d) C
OORDINATIONWITHSECRETARY OFSTATE.—The 20
Director of the Defense Intelligence Agency shall coordinate 21
the military intelligence collection and analysis activities 22
funded pursuant to this section with the Secretary of State. 23
(e) C
OORDINATIONWITHDIRECTOR OFNATIONALIN-24
TELLIGENCE.—The Director of the Defense Intelligence 25
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Agency shall coordinate the military intelligence collection 1
and analysis activities funded pursuant to this section with 2
the Director of National Intelligence. 3
(f) S
UNSET.— 4
(1) I
N GENERAL.—Subject to paragraph (2), the 5
authority to carry out this section shall terminate on 6
the date that is 5 years after the date of the enact-7
ment of this Act. 8
(2) E
XCEPTION.—A military intelligence collec-9
tion and analysis activity for which funds have been 10
obligated under this section before the date on which 11
the authority to carry out this section terminates 12
under paragraph (1) may continue until the comple-13
tion of the activity. 14
(g) M
ILITARYINTELLIGENCECOLLECTION ANDANAL-15
YSISACTIVITYDEFINED.—In this section, the term ‘‘mili-16
tary intelligence collection and analysis activity’’ means— 17
(1) the conduct of a combined human intelligence 18
and counterintelligence activity; 19
(2) the collection, processing, exploitation, anal-20
ysis, and dissemination of all-source intelligence; 21
(3) the conduct of a foreign defense intelligence 22
liaison relationship or defense intelligence exchange 23
program; or 24
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(4) the research, development, acquisition, and 1
sustainment of an information technology system or 2
telecommunication capability in support of an activ-3
ity described in paragraph (1), (2), or (3). 4
SEC. 504. AUTHORIZATION FOR ESTABLISHMENT OF NA-5
TIONAL SPACE INTELLIGENCE CENTER AS 6
FIELD OPERATING AGENCY. 7
(a) A
UTHORITY.—Notwithstanding any other provi-8
sion of law prohibiting the establishment of a field oper-9
ating agency, the Secretary of the Air Force may establish 10
the National Space Intelligence Center as a field operating 11
agency of the Space Force to analyze and produce scientific 12
and technical intelligence on space-based and counterspace 13
threats from foreign adversaries. 14
(b) R
EQUIREMENT.—If the Secretary of the Air Force 15
decides to establish the National Space Intelligence Center 16
as a field operating agency, the Secretary shall consider the 17
operational and geographical benefits provided by co-locat-18
ing the National Space Intelligence Center with the Na-19
tional Air and Space Intelligence Center. 20
SEC. 505. DEFENSE INTELLIGENCE AGENCY ASSESSMENT 21
OF STRATEGIC COMPETITION IN LATIN AMER-22
ICA AND THE CARIBBEAN. 23
(a) A
SSESSMENT.—Not later than 120 days after the 24
date of the enactment of this Act, the Director of the Defense 25
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Intelligence Agency, in consultation with the heads of the 1
other elements of the intelligence community that the Direc-2
tor determines appropriate, shall submit to the appropriate 3
congressional committees an intelligence assessment on the 4
level of intelligence and defense cooperation between covered 5
countries and— 6
(1) the People’s Republic of China; and 7
(2) the Russian Federation. 8
(b) E
LEMENTS.—The intelligence assessment under 9
subsection (a) shall include a description of any security- 10
related cooperation or engagement between covered coun-11
tries and the People’s Republic of China or the Russian 12
Federation in the following areas: 13
(1) Strategic dialogue. 14
(2) Training or professional military education. 15
(3) Defense agreements. 16
(4) Intelligence sharing agreements. 17
(5) Arms transfers. 18
(6) Defense equipment transfers. 19
(7) Military exercises. 20
(8) Joint operations. 21
(9) Permanent military presence. 22
(10) Space cooperation. 23
(11) Any other area the Director of the Defense 24
Intelligence Agency determines appropriate. 25
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(c) FORM.—The assessment under subsection (a) may 1
be provided in classified form. 2
(d) F
ORMAT.—To the extent practicable, the Director 3
shall present the information contained in the assessment 4
under subsection (a) in the format of a chart or other graph-5
ic. 6
(e) D
EFINITIONS.—In this section: 7
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -8
TEES.—The term ‘‘appropriate congressional commit-9
tees’’ means the following: 10
(A) The congressional intelligence commit-11
tees. 12
(B) The congressional defense committees, 13
as such term is defined in section 101(a) of title 14
10, United States Code. 15
(2) C
OVERED COUNTRY .—The term ‘‘covered 16
country’’ means Mexico and each foreign country or 17
territory in Central or South America or in the Car-18
ibbean. 19
SEC. 506. QUARTERLY BRIEFINGS RELATING TO USE OF 20
MILITARY INTELLIGENCE PROGRAM FUNDS. 21
Not less frequently than once each quarter, the Sec-22
retary of Defense shall provide to the Permanent Select 23
Committee on Intelligence of the House of Representatives 24
a briefing on— 25
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(1) significant military operations of the De-1
partment of Defense carried out during the imme-2
diately preceding quarter and funded by amounts 3
made available under the Military Intelligence Pro-4
gram; and 5
(2) all clandestine operations in the information 6
environment carried out during the immediately pre-7
ceding quarter and funded or otherwise enabled by 8
amounts made available under the Military Intel-9
ligence Program. 10
TITLE VI—MATTERS RELATING 11
TO NATIONAL SECURITY 12
AGENCY, CYBER, AND COM-13
MERCIAL CLOUD ENTERPRISE 14
SEC. 601. CONGRESSIONAL NOTIFICATION BY NATIONAL 15
SECURITY AGENCY OF INTELLIGENCE COL-16
LECTION ADJUSTMENTS. 17
The National Security Agency Act of 1959 (50 U.S.C. 18
3601 et seq.) is amended by adding at the end the following 19
new section: 20
‘‘SEC. 22. CONGRESSIONAL NOTIFICATION OF INTEL-21
LIGENCE COLLECTION ADJUSTMENTS. 22
‘‘(a) N
OTIFICATION.—Not later than 30 days after the 23
date on which the Director of the National Security Agency 24
determines the occurrence of an intelligence collection ad-25
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justment, the Director shall submit to the congressional in-1
telligence committees a notification of the intelligence collec-2
tion adjustment. 3
‘‘(b) D
EFINITIONS.—In this section: 4
‘‘(1) C
ONGRESSIONAL INTELLIGENCE COMMIT -5
TEES.—The term ‘congressional intelligence commit-6
tees’ has the meaning given that term in section 3 of 7
the National Security Act of 1947 (50 U.S.C. 3003). 8
‘‘(2) I
NTELLIGENCE COLLECTION ADJUSTMENT .— 9
The term ‘intelligence collection adjustment’ includes 10
a change by the United States Government to a policy 11
on intelligence collection or the prioritization thereof 12
that results in a significant loss of intelligence.’’. 13
SEC. 602. MODIFICATIONS TO ENFORCEMENT OF CYBERSE-14
CURITY REQUIREMENTS FOR NATIONAL SE-15
CURITY SYSTEMS. 16
Section 6309 of the Intelligence Authorization Act for 17
Fiscal Year 2023 (Public Law 117–263) is amended— 18
(1) by redesignating subsection (e) as subsection 19
(f); and 20
(2) by inserting after subsection (d) the following 21
new subsection: 22
‘‘(e) I
MPLEMENTATIONREPORT.—Each head of an ele-23
ment of the intelligence community that owns or operates 24
a national security system shall submit to the congressional 25
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intelligence committees not later than 90 days after the date 1
of the enactment of this subsection a plan detailing the cost 2
and schedule requirements necessary to meet all of the cy-3
bersecurity requirements for national security systems by 4
the end of fiscal year 2026.’’. 5
SEC. 603. SUPPORT BY INTELLIGENCE COMMUNITY FOR 6
CERTAIN CROSS-FUNCTIONAL TEAM OF DE-7
PARTMENT OF DEFENSE. 8
(a) A
CCESS TOINFORMATION.—Upon request by the 9
cross-functional team of the Department of Defense estab-10
lished under section 910 of the National Defense Authoriza-11
tion Act of Fiscal Year 2022 (Public Law 117–81; 10 12
U.S.C. 111 note) (in this section referred to as the ‘‘cross- 13
functional team’’), and consistent with the protection of in-14
telligence sources and methods, the head of any element of 15
the intelligence community shall provide such team with 16
access to any information (including any intelligence re-17
porting, analysis, or finished intelligence product) of the 18
element potentially relevant to the duties of such team re-19
quired under subsection (b)(1) of such section. 20
(b) R
ULE OFCONSTRUCTION.—Nothing in subsection 21
(a) shall be construed as waiving the Health Insurance 22
Portability and Accountability Act of 1996 (Public Law 23
104–191) or any other applicable law regarding privacy 24
or the protection of health information. 25
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(c) STAFFING OFCROSS-FUNCTIONALTEAM BYCER-1
TAINELEMENTS.— 2
(1) S
TAFFING.—The head of each covered element 3
shall detail or assign to the cross-functional team, in-4
cluding through a joint duty assignment (as applica-5
ble), intelligence or counterintelligence personnel of 6
that covered element in such numbers as the head, in 7
consultation with such team, determines necessary to 8
support such team in fulfilling the duties required 9
under section 910(b)(1) of the National Defense Au-10
thorization Act of Fiscal Year 2022 (Public Law 117– 11
81; 10 U.S.C. 111 note). 12
(2) N
ATIONAL SECURITY AGENCY .—In carrying 13
out paragraph (1) with respect to the National Secu-14
rity Agency, the Director of the National Security 15
Agency shall ensure there is detailed or assigned to 16
the cross-functional team at least 1 individual deter-17
mined appropriate by the Director, who, while so de-18
tailed or assigned, shall provide such team with tech-19
nical expertise of the National Security Agency rel-20
evant to the fulfilment of the duties referred to in 21
paragraph (1). 22
(d) A
DDITIONALDETAILAUTHORITY.—Upon request 23
by the cross-functional team, the head of any element of the 24
intelligence community may detail to such team personnel 25
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of the element to provide intelligence, counterintelligence, 1
or related support. 2
(e) C
OVEREDELEMENTDEFINED.—In this section, the 3
term ‘‘covered element’’ means the following: 4
(1) The National Security Agency. 5
(2) The Defense Intelligence Agency. 6
(3) The intelligence elements of the Army, the 7
Navy, the Air Force, and the Marine Corps. 8
SEC. 604. COMMERCIAL CLOUD ENTERPRISE NOTIFICA-9
TION. 10
(a) N
OTIFICATIONREQUIREMENT.—Not later than 90 11
days after the date of the enactment of this Act, and on 12
a quarterly basis thereafter, the Director of the Central In-13
telligence Agency shall submit to the congressional intel-14
ligence committees a notification relating to the Commer-15
cial Cloud Enterprise contract entered into by the Director 16
of the Central Intelligence Agency in November 2020 for 17
commercial cloud services for the intelligence community, 18
which shall include— 19
(1) the number and value of all task orders 20
issued under such contract, broken down by vendor, 21
for each element of the intelligence community; 22
(2) the duration of each task order; 23
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(3) the number of sole source task orders issued 1
compared to the number of task orders issued on a 2
competitive basis under such contract; and 3
(4) with respect to each vendor authorized to 4
provide commercial cloud services under such con-5
tract, an update on the status of the security accredi-6
tation and authority to operate decision of each ven-7
dor. 8
(b) D
ATASHARING.—The head of each element of the 9
intelligence community shall share such data with the Di-10
rector of the Central Intelligence Agency as the Director de-11
termines necessary to prepare the notification required 12
under subsection (a). 13
(c) S
UNSET.—The requirement to submit the notifica-14
tion under subsection (a) shall terminate on the date that 15
is 3 years after the date of the enactment of this Act. 16
SEC. 605. COMMERCIAL CLOUD ENTERPRISE SOLE SOURCE 17
TASK ORDER NOTIFICATION REQUIREMENT. 18
(a) N
OTIFICATIONREQUIREMENT.—Not later than 90 19
days after the date of the enactment of this Act, and on 20
a semiannual basis thereafter, the head of each element of 21
the intelligence community shall submit to the congressional 22
intelligence committees a notification with respect to any 23
sole source task order awarded by such head under the con-24
tract relating to the Commercial Cloud Enterprise entered 25
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into by the Director of the Central Intelligence Agency in 1
November 2020 for commercial cloud services for the intel-2
ligence community. 3
(b) C
ONTENTS.—Each notification required under sub-4
section (a) shall include, with respect to the task order con-5
cerned— 6
(1) a description of the order; 7
(2) a summary of services provided under the 8
order; 9
(3) the value of the order; 10
(4) the justification for awarding the order on a 11
sole source basis; and 12
(5) an identification of the vendor awarded the 13
order. 14
(c) S
UNSET.—The requirement to submit the notifica-15
tion under subsection (a) shall terminate on the date that 16
is 3 years after the date of the enactment of this Act. 17
SEC. 606. ANALYSIS OF COMMERCIAL CLOUD INITIATIVES 18
OF INTELLIGENCE COMMUNITY. 19
(a) I
NGENERAL.—Not later than 90 days after the 20
date of the enactment of this Act, the Director of National 21
Intelligence shall, in coordination with such heads of ele-22
ments of the intelligence community as the Director con-23
siders appropriate— 24
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(1) complete a comprehensive analysis of the 1
commercial cloud initiatives of the intelligence com-2
munity relating to the Commercial Cloud Enterprise 3
contract entered into by the Director of the Central 4
Intelligence Agency in November 2020; and 5
(2) provide to the congressional intelligence com-6
mittees a briefing on the findings of the Director with 7
respect to the analysis conducted pursuant to para-8
graph (1). 9
(b) E
LEMENTS.—The analysis conducted under sub-10
section (a) shall include— 11
(1) the current year and 5-year projected costs 12
for commercial cloud utilization for each element of 13
the intelligence community, including costs related to 14
data storage, data migration, egress fees, and any 15
other commercial cloud services; 16
(2) the termination or planned termination, as 17
the case may be, of legacy data storage capacity of an 18
element of the intelligence community and the pro-19
jected cost savings resulting from such termination; 20
(3) efforts underway by the Office of the Director 21
of National Intelligence and elements of the intel-22
ligence community to utilize multiple commercial 23
cloud service providers; and 24
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(4) the operational value that elements of the in-1
telligence community are achieving through utiliza-2
tion of commercial cloud analytic tools and services. 3
TITLE VII—MATTERS RELATING 4
TO CENTRAL INTELLIGENCE 5
AGENCY 6
SEC. 701. INSPECTOR GENERAL OF THE CENTRAL INTEL-7
LIGENCE AGENCY QUARTERLY EMPLOYEE EN-8
GAGEMENT SUMMARIES. 9
Section 17 of the Central Intelligence Agency Act of 10
1949 (50 U.S.C. 3517) is amended by adding at the end 11
the following new subsection: 12
‘‘(i) Q
UARTERLYEMPLOYEEENGAGEMENT SUM-13
MARIES.—(1) Not later than 30 days after the last day of 14
each fiscal quarter, the Inspector General shall provide to 15
the appropriate congressional committees a summary of the 16
engagement of Agency employees with the Inspector General 17
during that quarter. 18
‘‘(2) Each summary required under paragraph (1) 19
shall include each of the following for the quarter covered 20
by the summary: 21
‘‘(A) The total number of reports filed with the 22
Inspector General by Agency employees. 23
‘‘(B) An identification of the nature of the alle-24
gation made in each such report, such as— 25
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‘‘(i) fraud, waste, and abuse; 1
‘‘(ii) harassment or other personnel issues; 2
‘‘(iii) questionable intelligence activities; or 3
‘‘(iv) threats to health and safety. 4
‘‘(C) For each such report— 5
‘‘(i) whether an investigation was initiated 6
because of the report; 7
‘‘(ii) for any such investigation, whether the 8
status of the investigation is initiated, in 9
progress, or complete; and 10
‘‘(iii) for any completed investigation, 11
whether the allegation made in the report was 12
found to be substantiated or unsubstantiated, 13
and whether any recommendations or criminal 14
referrals were made as a result. 15
‘‘(D) A copy of any audit, assessment, inspec-16
tion, or other final report completed by the Inspector 17
General during the quarter covered by the summary. 18
‘‘(3) In this subsection, the term ‘appropriate congres-19
sional committees’ means— 20
‘‘(A) the Permanent Select Committee on Intel-21
ligence and the Subcommittee on Defense of the Com-22
mittee on Appropriations of the House of Representa-23
tives; and 24
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‘‘(B) the Select Committee on Intelligence and 1
the Subcommittee on Defense of the Committee on Ap-2
propriations of the Senate.’’. 3
SEC. 702. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS 4
MADE BY CENTRAL INTELLIGENCE AGENCY 5
FOR QUALIFYING INJURIES TO BRAIN. 6
Section 19A(d) of the Central Intelligence Agency Act 7
of 1949 (50 U.S.C. 3519b(d)) is amended by striking para-8
graph (3) and inserting the following new paragraph: 9
‘‘(3) F
UNDING.— 10
‘‘(A) I
N GENERAL.—Payment under para-11
graph (2) in a fiscal year may be made using 12
any amounts— 13
‘‘(i) appropriated in advance specifi-14
cally for payments under such paragraph; 15
or 16
‘‘(ii) reprogrammed in accordance with 17
section 504 of the National Security Act of 18
1947 (50 U.S.C. 3094). 19
‘‘(B) B
UDGET.—For each fiscal year, the 20
Director shall include with the budget justifica-21
tion materials submitted to Congress in support 22
of the budget of the President for that fiscal year 23
pursuant to section 1105(a) of title 31, United 24
States Code, an estimate of the amounts required 25
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in that fiscal year to make payments under 1
paragraph (2).’’. 2
SEC. 703. BENJAMIN TALLMADGE INSTITUTE AS PRIMARY 3
CENTRAL INTELLIGENCE AGENCY ENTITY 4
FOR EDUCATION AND TRAINING IN COUNTER-5
INTELLIGENCE. 6
(a) I
NGENERAL.—The Director of the Central Intel-7
ligence Agency shall maintain the Benjamin Tallmadge In-8
stitute as the primary entity within the Central Intelligence 9
Agency for education and training related to all aspects of 10
counterintelligence. 11
(b) R
ESPONSIBILITIES OFDIRECTOR.—The Director of 12
the Central Intelligence Agency shall— 13
(1) ensure the Institute is fully and properly or-14
ganized and has the resources necessary to provide 15
counterintelligence education and training for all ca-16
reer fields within the Agency, including specialized 17
certifications for Agency counterintelligence personnel; 18
(2) develop appropriate certification courses that 19
are designed to educate, train, and certify Agency 20
personnel in— 21
(A) counterintelligence threats, insider 22
threats, and other counterintelligence processes 23
and issues; 24
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(B) the conduct and support of counterintel-1
ligence inquiries and investigations; 2
(C) relevant skills necessary for coordina-3
tion with Federal law enforcement; and 4
(D) any other skills as the Director deter-5
mines necessary; 6
(3) identify and designate specific positions for 7
which an individual shall be required to have a cer-8
tification described in paragraph (2) prior to filling 9
such a position; and 10
(4) develop necessary infrastructure and capac-11
ity to support National Counterintelligence and Secu-12
rity Center outreach programs to increase participa-13
tion by personnel from other components of the intel-14
ligence community in the courses offered by the Insti-15
tute. 16
(c) T
RAINING ANDFAMILIARIZATIONCOURSES.— 17
(1) I
N GENERAL.—The head of the Institute 18
shall— 19
(A) develop training and familiarization 20
courses at different classification levels, includ-21
ing courses at an unclassified level; and 22
(B) offer instruction in the courses devel-23
oped under subparagraph (A) or make training 24
curricula available to other intelligence commu-25
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nity components, as appropriate, to support out-1
reach efforts. 2
(2) A
VAILABILITY OF COURSES .—The training 3
and familiarization courses developed under para-4
graph (1) shall be made available to any of the fol-5
lowing that have a need and appropriate clearance, 6
as determined by the Director of the National Coun-7
terintelligence and Security Center, for a general edu-8
cation on counterintelligence threats, briefings on spe-9
cific topics, or other training related to counterintel-10
ligence: 11
(A) Federal departments and agencies that 12
are not elements of the intelligence community. 13
(B) State, local, and Tribal governments, as 14
the Director determines appropriate. 15
(C) Private sector entities, as the Director 16
determines appropriate. 17
(D) Such other personnel and entities as the 18
Director may determine appropriate. 19
(d) B
ASELINECERTIFICATIONCOURSE.— 20
(1) I
N GENERAL.—The Institute shall develop, in 21
coordination with the National Counterintelligence 22
and Security Center and the Defense Intelligence 23
Agency, and implement a baseline certification course 24
for all counterintelligence career professionals that 25
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aligns the minimum certification requirements of the 1
course and the Defense Counterintelligence Agent 2
Course of the Joint Counterintelligence Training Ac-3
tivity. 4
(2) A
VAILABILITY OF COURSE.—The baseline cer-5
tification course developed under paragraph (1) shall 6
be made available, on a space-available basis, to all 7
intelligence community professionals and appropriate 8
personnel with appropriate security clearance from 9
any other agency, committee, commission, office, or 10
other establishment in the executive, legislative, or ju-11
dicial branch of the Federal Government. 12
SEC. 704. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE 13
ASSESSMENT OF SINALOA CARTEL AND 14
JALISCO CARTEL. 15
(a) A
SSESSMENT.—Not later than 90 days after the 16
date of the enactment of this Act, the Director of the Central 17
Intelligence Agency, in consultation with the heads of the 18
other elements of the intelligence community that the Direc-19
tor determines appropriate, shall submit to the congres-20
sional intelligence committees an intelligence assessment on 21
the transnational criminal organizations known as the 22
Sinaloa Cartel and the Jalisco Cartel. 23
(b) E
LEMENTS.—The intelligence assessment under 24
subsection (a) shall include, with respect to each 25
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transnational criminal organization specified in such sub-1
section, a description of the following: 2
(1) The key leaders, organizational structure, 3
subgroups, presence in the states within Mexico, and 4
cross-border illicit drug smuggling routes (beginning 5
in Mexico and ending in the United States) of the 6
transnational criminal organization. 7
(2) The practices used by the transnational 8
criminal organization to import the chemicals used to 9
make synthetic drugs, to produce such drugs, and to 10
smuggle such drugs across the border into the United 11
States. 12
(3) The main suppliers based in China, and the 13
main brokers based in Mexico, that supply the 14
transnational criminal organization with precursor 15
chemicals and equipment used in the production of 16
synthetic drugs. 17
(4) The manner in which the transnational 18
criminal organization is tailoring the fentanyl prod-19
ucts of such organization to attract a wider variety 20
of United States consumers, including unwitting 21
users. 22
(5) The degree to which the transnational crimi-23
nal organization is using human and technical oper-24
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ations to undermine counternarcotics efforts by 1
United States and Mexican security services. 2
(6) An estimate of the annual revenue received 3
by the transnational criminal organization from the 4
sale of illicit drugs, disaggregated by drug type. 5
(7) Any other information the Director of the 6
Central Intelligence Agency determines relevant. 7
(c) F
ORM.—The intelligence assessment under sub-8
section (a) may be submitted in classified form. 9
SEC. 705. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE 10
ASSESSMENT WITH RESPECT TO EFFORTS BY 11
PEOPLE’S REPUBLIC OF CHINA TO INCREASE 12
INFLUENCE IN MIDDLE EAST. 13
(a) A
SSESSMENT.—Not later than 90 days after the 14
date of the enactment of this Act, the Director of the Central 15
Intelligence Agency, in consultation with such heads of the 16
other elements of the intelligence community that the Direc-17
tor of National Intelligence determines appropriate, shall 18
submit to the appropriate congressional committees an in-19
telligence assessment on efforts by the People’s Republic of 20
China to increase its influence, through overt or covert 21
means, with respect to the political, military, economic, or 22
other policies or activities of governments of countries in 23
the Middle East in ways that are detrimental to the na-24
tional security interests of the United States. 25
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(b) ELEMENTS.—The intelligence assessment required 1
under subsection (a) shall include the following: 2
(1) A summary of the key relationships that the 3
People’s Republic of China has developed, or is seek-4
ing to develop, with countries in the Middle East, and 5
the national security objectives that the People’s Re-6
public of China intends to advance through such es-7
tablished or emerging relationships. 8
(2) A description of the relationship between the 9
People’s Republic of China and Iran, including in the 10
areas of security cooperation and intelligence sharing. 11
(3) An identification of the countries in the Mid-12
dle East in which the People’s Republic of China has 13
established, or is seeking to establish, an intelligence 14
presence or intelligence partnerships. 15
(4) An assessment of how the People’s Republic 16
of China seeks to weaken the role, influence, and rela-17
tionships of the United States with respect to coun-18
tries in the Middle East, including through the Global 19
Security Initiative of the People’s Republic of China. 20
(5) An analysis of whether, and to what degree, 21
efforts by the People’s Republic of China to increase 22
its influence among countries in the Middle East are 23
designed to support the broader strategic interests of 24
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the People’s Republic of China, including with respect 1
to Taiwan. 2
(c) F
ORM.—The intelligence assessment required under 3
subsection (a) may be submitted in classified form. 4
(d) D
EFINITIONS.—In this section: 5
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -6
TEES.—The term ‘‘appropriate congressional commit-7
tees’’ means the following: 8
(A) The congressional intelligence commit-9
tees. 10
(B) The Committee on Foreign Affairs of 11
the House of Representatives. 12
(C) The Committee on Foreign Relations of 13
the Senate. 14
(D) The Select Committee on the Strategic 15
Competition Between the United States and the 16
Chinese Communist Party of the House of Rep-17
resentatives. 18
(2) C
OUNTRIES IN THE MIDDLE EAST .—The 19
term ‘‘countries in the Middle East’’ means— 20
(A) Algeria; 21
(B) Bahrain; 22
(C) Egypt; 23
(D) Iran; 24
(E) Iraq; 25
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(F) Israel; 1
(G) Jordan; 2
(H) Kuwait; 3
(I) Lebanon; 4
(J) Libya; 5
(K) Morocco; 6
(L) Oman; 7
(M) the Palestinian territories; 8
(N) Qatar; 9
(O) Saudi Arabia; 10
(P) Syria; 11
(Q) Tunisia; 12
(R) the United Arab Emirates; and 13
(S) Yemen. 14
SEC. 706. ASSESSMENT OF AVAILABILITY OF MENTAL 15
HEALTH AND CHAPLAIN SERVICES TO AGEN-16
CY EMPLOYEES. 17
(a) A
SSESSMENT.—The Director of the Central Intel-18
ligence Agency shall conduct an assessment on the avail-19
ability of the services of mental health professionals and 20
chaplains with appropriate security clearances to employees 21
of the Agency. Such assessment shall include— 22
(1) an evaluation of the current availability of 23
and demand for such services globally; 24
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(2) an assessment of the feasibility of expanding 1
the availability of such services; 2
(3) information, including a detailed schedule 3
and cost estimate, as to what would be required to in-4
crease the availability of such services for Agency em-5
ployees located in the United States and abroad; and 6
(4) information on the feasibility and advis-7
ability of requiring that each employee returning 8
from a high risk or high threat tour, as designated by 9
the Director, access the services of a mental health 10
professional, chaplain, or both, at the option of the 11
employee. 12
(b) R
EPORT.—Not later than 210 days after the date 13
of the enactment of this Act, the Director shall submit to 14
the appropriate congressional committees a report on the 15
assessment required by subsection (a). 16
(c) D
EFINITIONS.—In this section: 17
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -18
TEES.—The term ‘‘appropriate congressional commit-19
tees’’ means— 20
(A) the Permanent Select Committee on In-21
telligence and the Subcommittee on Defense of 22
the Committee on Appropriations of the House of 23
Representatives; and 24
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(B) the Select Committee on Intelligence 1
and the Subcommittee on Defense of the Com-2
mittee on Appropriations of the Senate. 3
(2) C
HAPLAIN.—The term ‘‘chaplain’’ means a 4
member of the Chaplain Corps, as established under 5
section 26 of the Central Intelligence Agency Act of 6
1949 (50 U.S.C. 3527), whom the Director has cer-7
tified as meeting common standards for professional 8
chaplaincy and board certification by a national 9
chaplaincy and pastoral care organization or equiva-10
lent. 11
(3) M
ENTAL HEALTH PROFESSIONAL .—The term 12
‘‘mental health professional’’ means an appropriately 13
trained and certified professional counselor, medical 14
professional, psychologist, psychiatrist, or other ap-15
propriate employee, as determined by the Director. 16
SEC. 707. ASSESSMENT BY DIRECTOR OF CENTRAL INTEL-17
LIGENCE AGENCY ON CERTAIN EFFECTS OF 18
ABRAHAM ACCORDS. 19
(a) A
SSESSMENT.—Not later than 90 days after the 20
date of the enactment of this Act, the Director of the Central 21
Intelligence Agency, in consultation with the heads of the 22
other elements of the intelligence community that the Direc-23
tor determines appropriate, shall submit to the congres-24
sional intelligence committees an assessment of the current 25
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effects on the intelligence community of the agreements be-1
tween Israel and 4 other foreign countries, collectively 2
known as the Abraham Accords, and of the potential effects 3
on the intelligence community if the Abraham Accords were 4
to be expanded to additional foreign countries. 5
(b) E
LEMENTS.—The assessment under subsection (a) 6
shall include, with respect to the agreements referred to in 7
such subsection, the following: 8
(1) A description of whether, and in what re-9
spects, the agreement between Israel and Bahrain has 10
resulted in the intelligence community obtaining new 11
and valuable insights regarding national intelligence 12
priorities. 13
(2) A description of whether, and in what re-14
spects, the agreement between Israel and Morocco has 15
resulted in the intelligence community obtaining new 16
and valuable insights regarding national intelligence 17
priorities. 18
(3) A description of whether, and in what re-19
spects, the agreement between Israel and the United 20
Arab Emirates has resulted in the intelligence com-21
munity obtaining new and valuable insights regard-22
ing national intelligence priorities. 23
(4) A description of whether, and in what re-24
spects, the agreement between Israel and Sudan has 25
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resulted in the intelligence community obtaining new 1
and valuable insights regarding national intelligence 2
priorities. 3
(5) An assessment of whether, and in what re-4
spects, additional agreements between Israel and other 5
foreign countries to normalize or otherwise enhance 6
relations would result in the intelligence community 7
obtaining new and valuable insights regarding na-8
tional intelligence priorities. 9
(c) F
ORM.—The assessment under subsection (a) may 10
be submitted in classified form. 11
TITLE VIII—REPORTING AND IN-12
VESTIGATION OF ALLEGA-13
TIONS OF SEX-RELATED OF-14
FENSES AND SEXUAL HAR-15
ASSMENT IN CENTRAL INTEL-16
LIGENCE AGENCY 17
SEC. 801. REPORTING AND INVESTIGATION OF ALLEGA-18
TIONS OF SEX-RELATED OFFENSES AND SEX-19
UAL HARASSMENT IN CENTRAL INTEL-20
LIGENCE AGENCY. 21
(a) S
ENSE OFCONGRESS.—It is the sense of Congress 22
that— 23
(1) sexual assault and sexual harassment arise 24
from, and are often indicative of, an environment 25
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where toxic, provocative, and sometimes significantly 1
inappropriate behavior is tolerated; 2
(2) when supervisors and senior leaders at head-3
quarters and in the field are among the offenders and 4
facilitate a work climate in which toxic and dis-5
respectful behavior is tolerated, harassment and even 6
assault will often go unaddressed and unpunished; 7
(3) while establishing clear policies and proce-8
dures and enhancing training are necessary first 9
steps toward protecting victims and establishing 10
stronger internal mechanisms for preventing and re-11
sponding to future sexual assault and sexual harass-12
ment within the Central Intelligence Agency, com-13
prehensive culture change driven by Agency leader-14
ship will be necessary to accomplish impactful and 15
enduring improvement; and 16
(4) it is vital for the Central Intelligence Agency 17
to maintain an independent and neutral person with 18
whom all employees at all levels, supervisors and non- 19
supervisors, may speak confidentially, informally, 20
and off-the-record about work-related concerns or 21
questions. 22
(b) S
EX-RELATEDOFFENSES ANDSEXUALHARASS-23
MENTWITHIN THEAGENCY.—The Central Intelligence 24
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Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended 1
by adding at the end the following new section: 2
‘‘SEC. 30. SEX-RELATED OFFENSES AND SEXUAL HARASS-3
MENT WITHIN THE AGENCY. 4
‘‘(a) R
ESPONSIBILITIES OFDIRECTOR.—The Director 5
shall carry out the following responsibilities: 6
‘‘(1) Establishing professional and uniform 7
training for employees assigned to working with all 8
aspects of the response of the Agency to allegations of 9
sex-related offenses and sexual harassment. 10
‘‘(2) Developing and implementing policies and 11
procedures to protect the confidentiality of employees 12
who report sex-related offenses or sexual harassment 13
and to mitigate negative effects on the reputation or 14
career of such an employee as a result of such a re-15
port. 16
‘‘(3) Developing and implementing documented 17
standards for— 18
‘‘(A) appropriate mitigation and protection 19
measures for individuals who make allegations of 20
a sex-related offense or sexual harassment to be 21
put in place while an investigation proceeds; 22
‘‘(B) appropriate employee consequences to 23
be imposed as a result of an inquiry or inves-24
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tigation into a substantiated allegation of a sex- 1
related offense or sexual harassment; 2
‘‘(C) appropriate career path protection for 3
all employees involved in an incident resulting 4
in a reported allegation of a sex-related offense 5
or sexual harassment while an investigation or 6
review of the allegation is pending; and 7
‘‘(D) mitigation measures to protect em-8
ployees and mission execution while such allega-9
tions are being addressed. 10
‘‘(4) Articulating and enforcing norms, expecta-11
tions, practices, and policies, including with respect 12
to employee promotions and assignments, that are 13
published for the workforce and designed to promote 14
a healthy workplace culture that is inhospitable to 15
sex-related offenses and sexual harassment. 16
‘‘(5) Developing and issuing workforce messaging 17
to inform Agency employees of policies, procedures, 18
resources, and points of contact to obtain information 19
related to, or to report, sex-related offenses or sexual 20
harassment globally. 21
‘‘(6) Developing and implementing sex-related of-22
fense and sexual harassment training for all Agency 23
employees that— 24
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‘‘(A) is designed to strengthen individual 1
knowledge, skills, and capacity to prevent and 2
respond to sex-related offenses and sexual harass-3
ment; 4
‘‘(B) includes initial entry and accession 5
programs, annual refresher training, and spe-6
cialized leadership training; and 7
‘‘(C) includes details of the definitions of 8
sex-related offense and sexual harassment, the 9
distinction between such terms, and what does or 10
does not constitute each. 11
‘‘(7) Developing and implementing processes and 12
procedures applicable to personnel involved in pro-13
viding the training referred to in paragraph (6) 14
that— 15
‘‘(A) are designed to ensure seamless policy 16
consistency and reporting mechanisms in all 17
training environments; and 18
‘‘(B) include requirements for in-person 19
training that— 20
‘‘(i) covers the reporting processes for 21
sex-related offenses and sexual harassment 22
that are specific to training environments 23
for students and trainers; and 24
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‘‘(ii) shall be provided at an appro-1
priate time during the first 5 days of any 2
extended or residential training course. 3
‘‘(8) Developing and implementing, in consulta-4
tion with the Victim Advocacy Specialists of the Fed-5
eral Bureau of Investigation, appropriate training re-6
quirements, policies, and procedures applicable to all 7
employees whose professional responsibilities include 8
interaction with people making reports alleging sex- 9
related offenses or sexual harassment. 10
‘‘(9) Developing and implementing procedures 11
under which current and former employees of the 12
Agency are able to obtain documents and records, as 13
appropriate and upon request, that are related to a 14
report of an allegation of a sex-related offense or sex-15
ual harassment. 16
‘‘(10) Developing and implementing procedures 17
under which an employee who makes a restricted or 18
unrestricted report containing an allegation of a sex- 19
related offense or sexual harassment may transfer out 20
of the current assignment or location of the employee, 21
upon the request of the employee making the report. 22
Such procedures shall ensure that an employee who 23
makes a restricted report maintains the privilege 24
against disclosure, strict confidentiality, and with 25
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such employee maintaining full control over all deci-1
sions related to any further dissemination of the re-2
port. 3
‘‘(11) Developing policies and procedures for the 4
Office of the Victim and Whistleblower Counsel and 5
the Special Victim Investigator, as applicable, to fa-6
cilitate outside engagement requests of employees re-7
porting allegations of sex-related offenses or sexual 8
harassment. 9
‘‘(12) Coordinating the response of the Agency to 10
allegations of sex-related offenses and sexual harass-11
ment. 12
‘‘(b) B
IANNUALREPORT.—Not less frequently than 13
once every 180 days, the Director shall submit to the appro-14
priate congressional committees a report on the activities 15
of the Office of Equal Employment Opportunity and the 16
Sexual Assault Prevention and Response Office during the 17
period covered by the report. The Director shall personally 18
review, approve, and submit each report under this sub-19
section on a nondelegable basis. Each such report shall in-20
clude— 21
‘‘(1) for the period covered by the report— 22
‘‘(A) the number of new allegations of sex- 23
related offenses and sexual harassment reported 24
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to either such Office, disaggregated by restricted 1
and unrestricted reports; 2
‘‘(B) the number of employees seeking legal 3
assistance or services from either such Office; 4
‘‘(C) the number of new or ongoing cases in 5
which either such Office has provided services; 6
‘‘(D) a description of all training activities 7
related to sex-related offenses and sexual harass-8
ment carried out Agency-wide, and the number 9
of such trainings conducted; and 10
‘‘(2) for the period beginning on the date of the 11
enactment of the Intelligence Authorization Act for 12
Fiscal Year 2024 and ending on the last day of the 13
period covered by the report— 14
‘‘(A) the total number of allegations of sex- 15
related offenses and sexual harassment; 16
‘‘(B) the disposition of each report of such 17
an allegation; 18
‘‘(C) any corrective action taken in response 19
to each such report; 20
‘‘(D) the number of such allegations that 21
were not substantiated; and 22
‘‘(E) the number of employee reassignment 23
and relocation requests, including— 24
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‘‘(i) the number of such requests that 1
were granted; 2
‘‘(ii) the number of such requests that 3
were denied; and 4
‘‘(iii) for any such request that was de-5
nied, the position of the individual who de-6
nied the request and the reason for denial. 7
‘‘(c) A
PPLICABILITY.—The policies developed pursuant 8
to this section shall apply to each of the following: 9
‘‘(1) Any employee of the Agency. 10
‘‘(2) Any employee of an entity that has entered 11
into a contract with the Agency under which the em-12
ployee performs functions at a facility associated with 13
the Agency or functions associated with the Agency. 14
‘‘(3) Any person who alleges they were sexually 15
assaulted or harassed by an employee referred to in 16
paragraph (1) or (2) at a facility associated with the 17
Agency or during the performance of a function asso-18
ciated with the Agency.’’. 19
(c) V
ICTIM ANDWHISTLEBLOWER COUNSEL.—Such 20
Act is further amended by adding at the end the following 21
new section: 22
‘‘SEC. 31. VICTIM AND WHISTLEBLOWER COUNSEL. 23
‘‘(a) E
STABLISHMENT.—The Director shall establish 24
an Office of the Victim and Whistleblower Counsel. The 25
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head of the Office shall be the Victim and Whistleblower 1
Counsel who shall report directly to the Chief Operating 2
Officer of the Agency. The Office shall have the authority 3
of an independent office within the Agency. 4
‘‘(b) R
ESPONSIBILITIES.—The Victim and Whistle-5
blower Counsel shall carry out the following responsibilities: 6
‘‘(1) Providing legal assistance and consultation 7
to employees of the Agency who are victims of alleged 8
sex-related offenses or sexual harassment, regardless of 9
whether the report of that offense is restricted or unre-10
stricted. 11
‘‘(2) Acting as the primary point of contact and 12
entry point for Agency employees with respect to all 13
allegations of, or concerns regarding, sex-related of-14
fenses and sexual harassment. 15
‘‘(3) Managing the victim advocacy activities of 16
the Agency for employees reporting sex-related offenses 17
or sexual harassment. 18
‘‘(4) Maintaining, and making available to 19
Agency employees the following: 20
‘‘(A) A list of physicians and mental health 21
care providers (including from the private sector, 22
as applicable) who have experience with the 23
physical and mental health care needs of the 24
Agency workforce. 25
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‘‘(B) A list of chaplains and religious coun-1
selors who have experience with the needs of the 2
Agency workforce, including information regard-3
ing access to the Chaplain Corps established 4
under section 26 of this Act. 5
‘‘(C) Information regarding how to select 6
and retain private attorneys who have experience 7
with the legal needs of the Agency workforce, in-8
cluding detailed information on the process for 9
the appropriate sharing of information with re-10
tained private attorneys. 11
‘‘(5) Facilitating communications with the In-12
spector General, Congress, and other outside entities. 13
‘‘(c) R
ULE OFCONSTRUCTION.—The inclusion of any 14
person on a list maintained or made available pursuant 15
to subsection (b)(4) shall not be construed as an endorse-16
ment of such person (or any service furnished by such per-17
son), and the Victim and Whistleblower Counsel shall not 18
be liable, as a result of such inclusion, for any portion of 19
compensable injury, loss, or damage attributable to such 20
person or service. 21
‘‘(d) C
OMMUNICATIONS.—The relationship between the 22
Victim and Whistleblower Counsel and a victim in the pro-23
vision of legal assistance and consultation shall be the rela-24
tionship between an attorney and client. 25
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‘‘(e) PURPOSE.—The Office of the Victim and Whistle-1
blower Counsel shall— 2
‘‘(1) solely function as an advocate for employees 3
and not as an advocate for the Agency itself; and 4
‘‘(2) not be a proponent of Agency policies for 5
sex-related offenses or sexual harassment.’’. 6
(d) R
EPORTING ANDINVESTIGATION OFALLEGATIONS 7
OFSEX-RELATEDOFFENSES ANDSEXUALHARASSMENT.— 8
Such Act is further amended by adding at the end the fol-9
lowing new section: 10
‘‘SEC. 32. REPORTING AND INVESTIGATION OF ALLEGA-11
TIONS OF SEX-RELATED OFFENSES AND SEX-12
UAL HARASSMENT. 13
‘‘(a) P
OLICIESRELATING TORESTRICTED ANDUNRE-14
STRICTEDREPORTING OFSEX-RELATEDOFFENSES AND 15
H
ARASSMENT.— 16
‘‘(1) I
N GENERAL.—The Director shall develop 17
and implement policies, regulations, personnel train-18
ing, and workforce messaging to establish and provide 19
information about restricted reports and unrestricted 20
reports of allegations of sex-related offenses and sexual 21
harassment within the Agency in accordance with 22
this subsection. 23
‘‘(2) W
ORKFORCE MESSAGING .—Workforce mes-24
saging developed under paragraph (1) shall be de-25
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signed to clearly inform Agency employees of the dif-1
ferences between restricted and unrestricted reporting 2
of allegations of sex-related offenses and sexual har-3
assment, and which individual or office within the 4
Agency is responsible for receiving each type of re-5
port. 6
‘‘(b) E
LECTION.—Any person making a report con-7
taining an allegation of a sex-related offense or sexual har-8
assment shall elect whether to make a restricted report or 9
an unrestricted report. Once an election is made to make 10
an unrestricted report, such election may not be changed. 11
‘‘(c) U
NRESTRICTEDREPORTS.— 12
‘‘(1) D
ISCLOSURE; ASSISTANCE.—A person who 13
elects to make an unrestricted report containing an 14
allegation of a sex-related offense or sexual harass-15
ment may disclose the report to any employee of the 16
Agency. A person who elects to make an unrestricted 17
report containing an allegation of a sex-related of-18
fense or sexual harassment may seek the assistance of 19
another employee of the Agency with taking the action 20
required under paragraph (2). 21
‘‘(2) A
CTION REQUIRED.—A person electing to 22
make an unrestricted report containing an allegation 23
of a sex-related offense or sexual harassment shall sub-24
mit the report to the Office of the Victim and Whistle-25
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blower Counsel. In the case of a person making an 1
unrestricted report of sexual harassment, the Victim 2
and Whistleblower Counsel shall facilitate the contact 3
by the person with the Office of Equal Employment 4
Opportunity. In the case of a person making an unre-5
stricted report of a sex-related offense other than sex-6
ual harassment, the Victim and Whistleblower Coun-7
sel shall facilitate the contact of such person with the 8
Sexual Assault Prevention and Response Office. 9
‘‘(d) R
ESTRICTEDREPORTS.— 10
‘‘(1) P
ROCESS FOR MAKING REPORTS .—A person 11
who elects to make a restricted report containing an 12
allegation of a sex-related offense or sexual harass-13
ment shall submit the report to a person authorized 14
to receive a restricted report under paragraph (2). 15
‘‘(2) P
ERSON AUTHORIZED TO RECEIVE A RE -16
STRICTED REPORT.—The following individuals are 17
persons authorized to receive a restricted report: 18
‘‘(A) The Chief Wellbeing Officer. 19
‘‘(B) Any employee of the Office of Wellness 20
and Workforce Support. 21
‘‘(C) Any employee of the Office of the Vic-22
tim and Whistleblower Counsel. 23
‘‘(D) Any medical professional assigned to 24
the Center for Global Health Services, or any 25
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successor organization employing Agency sup-1
port staff. 2
‘‘(E) Any employee of the Chaplain Corps 3
of the Agency. 4
‘‘(F) The Special Victim Investigator with-5
in the Office of Security. 6
‘‘(G) Any medical professional, including a 7
mental health professional. 8
‘‘(H) Any additional employees that the Di-9
rector determines appropriate. 10
‘‘(3) A
CTION REQUIRED.—A restricted report 11
containing an allegation of a sex-related offense or 12
sexual harassment— 13
‘‘(A) shall be treated by the person who re-14
ceives the report in the same manner as a com-15
munication covered by attorney-client privilege; 16
‘‘(B) shall be privileged against disclosure 17
with strict confidentiality and with the person 18
making the report maintaining full control over 19
all decisions related to any further dissemina-20
tion, except in cases of an imminent threat of se-21
rious bodily harm; 22
‘‘(C) shall not result in a referral to law en-23
forcement or commencement of a formal admin-24
istrative investigation, unless the victim elects to 25
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change the report from a restricted report to an 1
unrestricted report; 2
‘‘(D) in a case requiring an employee reas-3
signment, relocation, or other mitigation or pro-4
tective measures, shall result only in actions that 5
are managed in a manner to limit, to the extent 6
possible, the disclosure of any information con-7
tained in the report; and 8
‘‘(E) shall be exempt from any Federal or, 9
to the maximum extent permitted by the Con-10
stitution, State reporting requirements, includ-11
ing the requirements under section 535(b) of title 12
28, United States Code, section 17(b)(5) of this 13
Act, and section 1.6(b) of Executive Order 12333 14
(50 U.S.C. 3001 note; relating to United States 15
intelligence activities), except when reporting is 16
necessary to prevent or mitigate an imminent 17
threat of serious bodily harm. 18
‘‘(e) I
NCIDENTREPORTSWHENVICTIM ORALLEGED 19
P
ERPETRATORISANAGENCYEMPLOYEE.— 20
‘‘(1) I
NCIDENT REPORTING POLICY .—The Direc-21
tor shall establish and maintain a policy under 22
which— 23
‘‘(A) in the case of an unrestricted report 24
of— 25
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‘‘(i) sexual harassment, the head of the 1
Office of Equal Employment Opportunity is 2
required to submit a written incident report 3
not later than 8 days after receiving a for-4
mal complaint containing an allegation of 5
sexual harassment; and 6
‘‘(ii) a sex-related offense other than 7
sexual harassment, the head of the Sexual 8
Assault Prevention and Response Office is 9
required to submit a written incident report 10
not later than 8 days after receipt of the 11
unrestricted report; and 12
‘‘(B) each such incident report required 13
under subparagraph (A) shall be provided to— 14
‘‘(i) the Chief Operating Officer of the 15
Agency; 16
‘‘(ii) the Special Victim Investigator; 17
‘‘(iii) the Office of the Victim and 18
Whistleblower Counsel; 19
‘‘(iv) the Sexual Assault Prevention 20
and Response Office; 21
‘‘(v) the Office of Equal Employment 22
Opportunity; and 23
‘‘(vi) such other individuals as the Di-24
rector determines appropriate. 25
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‘‘(2) PURPOSE.—The purpose of an incident re-1
port required under paragraph (1) is to— 2
‘‘(A) record the details about actions taken 3
or in progress to provide the necessary care and 4
support to the victim of the alleged incident; 5
‘‘(B) refer the allegations to the appropriate 6
investigatory or law enforcement agency; and 7
‘‘(C) provide initial formal notification of 8
the alleged incident. 9
‘‘(3) E
LEMENTS.—Each incident report required 10
under paragraph (1) shall include each of the fol-11
lowing: 12
‘‘(A) The time, date, and location of the al-13
leged sex-related offense or sexual harassment. 14
‘‘(B) An identification of the type of offense 15
or harassment alleged. 16
‘‘(C) An identification of the assigned office 17
and location of the victim. 18
‘‘(D) An identification of the assigned office 19
and location of the alleged perpetrator, including 20
information regarding whether the alleged perpe-21
trator has been temporarily transferred or re-22
moved from an assignment or otherwise re-23
stricted, if applicable. 24
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‘‘(E) A description of any post-incident ac-1
tions taken in connection with the incident, in-2
cluding— 3
‘‘(i) referral to any services available 4
to victims, including the date of each refer-5
ral; 6
‘‘(ii) notification of the incident to ap-7
propriate investigatory organizations, in-8
cluding the organizations notified and dates 9
of notifications; and 10
‘‘(iii) issuance of any personal protec-11
tion orders or steps taken to separate the 12
victim and the alleged perpetrator within 13
their place of employment. 14
‘‘(F) Such other elements as the Director de-15
termines appropriate. 16
‘‘(f) C
OMMONPERPETRATOR NOTICEREQUIRE-17
MENT.— 18
‘‘(1) U
NRESTRICTED REPORTS.—Upon receipt of 19
an incident report under subsection (e)(1) containing 20
an allegation of a sex-related offense or sexual harass-21
ment against an individual known to be the subject 22
of at least one allegation of a sex-related offense or 23
sexual harassment by another reporter, the Special 24
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Victim Investigator shall notify each of the following 1
of all existing allegations against the individual: 2
‘‘(A) The Director. 3
‘‘(B) The Chief Operating Officer. 4
‘‘(C) The head of the directorate employing 5
the individual. 6
‘‘(D) The head of the Sexual Assault Pre-7
vention and Response Office. 8
‘‘(E) The first supervisor of the individual. 9
‘‘(F) The Inspector General. 10
‘‘(G) The Victim and Whistleblower Coun-11
sel. 12
‘‘(2) R
ESTRICTED REPORTS.—Upon receipt of a 13
restricted report under subsection (d), the Victim and 14
Whistleblower Counsel shall notify any victim known 15
to have filed a restricted report against the same indi-16
vidual who is the subject of the report under para-17
graph (1) that another allegation has been made 18
against the individual who is the subject of the report 19
under paragraph (1). 20
‘‘(g) A
PPLICABILITY.—The policies developed pursuant 21
to this section shall apply to each of the following: 22
‘‘(1) Any employee of the Agency. 23
‘‘(2) Any employee of an entity that has entered 24
into a contract with the Agency under which the em-25
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•HR 3932 RH
ployee performs functions at a facility associated with 1
the Agency or functions associated with the Agency. 2
‘‘(3) Any person who makes an allegation of a 3
sex-related offense or sexual harassment against an 4
employee referred to in paragraph (1) or (2) at a fa-5
cility associated with the Agency or during the per-6
formance of a function associated with the Agency. 7
‘‘(h) R
ECORDS.—The Director shall establish a system 8
for tracking and permanently maintaining all Agency 9
records related to any investigation into an allegation of 10
a sex-related offense or sexual harassment made in an unre-11
stricted report, including any related medical documenta-12
tion.’’. 13
(e) S
PECIALVICTIMINVESTIGATOR.—Such Act is fur-14
ther amended by adding at the end the following new sec-15
tion: 16
‘‘SEC. 33. SPECIAL VICTIM INVESTIGATOR. 17
‘‘(a) E
STABLISHMENT.—The Director shall establish in 18
the Office of Security a Special Victim Investigator, who 19
shall be responsible for investigating all unrestricted reports 20
containing allegations of sex-related offenses other than sex-21
ual harassment and supporting, as appropriate, the Office 22
of Equal Employment Opportunity with investigating for-23
mal complaints containing allegations of sexual harass-24
ment. The person appointed as the Investigator shall be an 25
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appropriately credentialed Federal law enforcement officer 1
and may be a detailee from a Federal law enforcement enti-2
ty. 3
‘‘(b) R
ESPONSIBILITIES.—The Investigator shall be re-4
sponsible for— 5
‘‘(1) supporting the Office of Equal Employment 6
Opportunity with investigations into formal com-7
plaints containing allegations of sexual harassment, 8
as appropriate; 9
‘‘(2) investigating unrestricted reports con-10
taining allegations of sex-related offenses, including 11
the conduct and management of all internal Agency 12
inquiries, investigations, and other fact-finding ac-13
tivities related to specific allegations of sex-related of-14
fenses; 15
‘‘(3) testifying in a criminal prosecution in any 16
venue, where appropriate; 17
‘‘(4) serving as the case agent for a criminal in-18
vestigation in any venue, where appropriate; 19
‘‘(5) supporting engagement with law enforce-20
ment relating to such allegations, where appropriate, 21
including coordinating related cases with other Fed-22
eral, State, local, and Tribal law enforcement agen-23
cies, as necessary and appropriate, pursuant to regu-24
lations, requirements, and procedures developed in 25
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consultation with the Federal Bureau of Investiga-1
tion, for any such inquiries, investigations, or other 2
fact-finding activities; 3
‘‘(6) developing and implementing policies and 4
procedures necessary for the Investigator or any law 5
enforcement partner to conduct effective investigations 6
and also protect sensitive information; 7
‘‘(7) serving as the only authorized investigative 8
body in the Agency for allegations of sex-related of-9
fenses, except that, in the case of an allegation of a 10
sex-related offense involving an employee of the Office 11
of Security, the Investigator shall coordinate with ap-12
propriate criminal investigators who are detailed to 13
the Agency for other missions or employed by another 14
Federal law enforcement entity, as necessary, to 15
maintain the integrity of the investigation and miti-16
gate potential conflicts of interest; 17
‘‘(8) establishing and coordinating clear policies 18
regarding which agency should take the lead on con-19
ducting, or be the lead in coordinating with local law 20
enforcement when applicable, investigations of sexual 21
assault and sexual harassment overseas; and 22
‘‘(9) sharing information with the Victim and 23
Whistleblower Counsel to facilitate the support and 24
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advocacy of such Counsel for victims of alleged sex-re-1
lated offenses or sexual harassment. 2
‘‘(c) T
IMEFRAME FORINVESTIGATIONS.—The Investi-3
gator shall— 4
‘‘(1) ensure that any investigative support for a 5
formal complaint containing allegations of sexual 6
harassment shall occur within any investigation 7
timelines required by applicable law; 8
‘‘(2) ensure that any investigation into an alle-9
gation of a sex-related offense contained in an unre-10
stricted report is completed by not later than 60 days 11
after the date on which the report is referred to the 12
Investigator under section 32(e)(1); and 13
‘‘(3) if the Investigator determines that the com-14
pletion of an investigation will take longer than 60 15
days— 16
‘‘(A) not later than 60 days after the date 17
on which the report is referred to the Investigator 18
under section 32(e)(1), submit to the Director a 19
request for an extension that contains a sum-20
mary of the progress of the investigation, the rea-21
sons why the completion of the investigation re-22
quires additional time, and a plan for the com-23
pletion of the investigation; and 24
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‘‘(B) provide to the person who made the re-1
port and the person against whom the allegation 2
in the report was made notice of the extension of 3
the investigation.’’. 4
(f) I
MPLEMENTATION AND REPORTINGREQUIRE-5
MENTS.— 6
(1) D
EADLINE FOR IMPLEMENTATION .—Not later 7
than 180 days after the date of the enactment of this 8
Act, the Director of the Central Intelligence Agency 9
shall— 10
(A) establish the Office of the Victim and 11
Whistleblower Counsel, as required by section 31 12
of the Central Intelligence Agency Act of 1949, as 13
added by subsection (c); 14
(B) establish and implement the policies re-15
quired under sections 30 and 32 of the Central 16
Intelligence Agency Act of 1949, as added by 17
subsections (b) and (d), respectively; 18
(C) consolidate the responsibilities of the 19
Director under such sections 30 and 32 in a sin-20
gle Office, as determined by the Director; and 21
(D) establish the Special Victim Investi-22
gator, as required by section 33 of the Central 23
Intelligence Agency Act of 1949, as added by 24
subsection (e). 25
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(2) REPORT.— 1
(A) I
N GENERAL.—Not later than 90 days 2
after the date of the enactment of this Act, and 3
every 90 days thereafter for 2 years, the Director 4
of the Central Intelligence Agency shall submit to 5
the appropriate congressional committees a re-6
port on the implementation of this section and 7
the amendments made by this section. The Direc-8
tor shall personally review, approve, and submit 9
each report under this paragraph on a nondele-10
gable basis. 11
(3) A
PPROPRIATE CONGRESSIONAL COMMITTEES 12
DEFINED.—In this subsection, the term ‘‘appropriate 13
congressional committees’’ means— 14
(A) the Permanent Select Committee on In-15
telligence and the Subcommittee on Defense of 16
the Committee on Appropriations of the House of 17
Representatives; and 18
(B) the Select Committee on Intelligence 19
and the Subcommittee on Defense of the Com-20
mittee on Appropriations of the Senate. 21
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TITLE I—MATTERS RELATING TO 1
TECHNOLOGY AND INNOVATION 2
SEC. 901. INTELLIGENCE COMMUNITY INNOVATION UNIT. 3
(a) E
STABLISHMENT.—Title I of the National Security 4
Act of 1947 (50 U.S.C. 3021 et seq.) is amended by insert-5
ing after section 103K the following new section (and con-6
forming the table of contents at the beginning of such Act 7
accordingly): 8
‘‘SEC. 103L. INTELLIGENCE COMMUNITY INNOVATION UNIT. 9
‘‘(a) E
STABLISHMENT.—The Director of National In-10
telligence shall establish within the Office of the Director 11
of National Intelligence a unit to be known as the ‘Intel-12
ligence Community Innovation Unit’ (in this section re-13
ferred to as the ‘Unit’). 14
‘‘(b) D
UTIES.—The duties of the Unit shall be as fol-15
lows: 16
‘‘(1) To identify and evaluate commercial emerg-17
ing technologies for potential adoption by the intel-18
ligence community to fulfill critical mission needs. 19
‘‘(2) To assist the heads of the elements of the in-20
telligence community in identifying commercial 21
emerging technologies and associated capabilities to 22
address critical mission needs of that element. 23
‘‘(3) To provide to the heads of the elements of 24
the intelligence community seeking to field commer-25
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cial emerging technologies technical expertise with re-1
spect to such technologies. 2
‘‘(4) To manage the prototyping program under 3
subsection (e). 4
‘‘(5) To facilitate the transition of potential solu-5
tions to critical mission needs of the intelligence com-6
munity from research and prototype projects to pro-7
duction. 8
‘‘(6) To serve as a liaison between the intel-9
ligence community and the private sector (with a 10
focus on small- and medium-sized companies and 11
other organizations that do not have significant expe-12
rience engaging with the intelligence community) to 13
fulfill the duties listed in paragraphs (1) through (5), 14
in coordination with the head of the Office of Engage-15
ment established under section 122. 16
‘‘(c) D
IRECTOR OFUNIT.— 17
‘‘(1) A
PPOINTMENT; REPORTING.—The head of 18
the Unit is the Director of the Intelligence Commu-19
nity Innovation Unit, who shall be appointed by the 20
Director of National Intelligence and shall report di-21
rectly to the Director of National Intelligence. 22
‘‘(2) Q
UALIFICATIONS.—In selecting an indi-23
vidual for appointment as the Director of the Intel-24
ligence Community Innovation Unit, the Director of 25
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•HR 3932 RH
National Intelligence shall give preference to individ-1
uals who the Director of National Intelligence deter-2
mines have— 3
‘‘(A) significant relevant experience involv-4
ing commercial emerging technology within the 5
private sector; and 6
‘‘(B) a demonstrated history of fostering the 7
adoption of commercial emerging technologies by 8
the United States Government or the private sec-9
tor. 10
‘‘(d) S
TAFF.— 11
‘‘(1) I
N GENERAL.—In addition to the Director 12
of the Intelligence Community Innovation Unit, the 13
Unit shall be composed of not more than 50 full-time 14
equivalent positions. 15
‘‘(2) S
TAFF WITH CERTAIN EXPERTISE .—The Di-16
rector of National Intelligence shall ensure that there 17
is a sufficient number of staff of the Unit, as deter-18
mined by the Director, with expertise in— 19
‘‘(A) other transaction authorities and non-20
traditional and rapid acquisition pathways for 21
emerging technology; 22
‘‘(B) engaging and evaluating small- and 23
medium-sized emerging technology companies; 24
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•HR 3932 RH
‘‘(C) the mission needs of the intelligence 1
community; and 2
‘‘(D) any other skills or experiences the Di-3
rector determines necessary. 4
‘‘(3) S
PECIAL HIRING AND RETENTION AUTHORI -5
TIES.— 6
‘‘(A) I
N GENERAL.—The Director of Na-7
tional Intelligence shall take such steps as may 8
be necessary to incentivize the hiring and reten-9
tion of staff of the Unit. 10
‘‘(B) S
PECIAL PAY.—In establishing the 11
rates of pay for the positions specified in para-12
graph (1), and to the extent practicable, the Di-13
rector of National Intelligence may use the spe-14
cial pay authority under section 113B. 15
‘‘(4) A
UTHORITY RELATING TO DETAILEES .— 16
Upon request of the Unit, each head of an element of 17
the intelligence community may detail to the Unit 18
any of the personnel of that element to assist in car-19
rying out the duties under subsection (b) on a reim-20
bursable or a nonreimbursable basis. 21
‘‘(e) P
ROTOTYPINGPROGRAM.—The Director of the In-22
telligence Community Innovation Unit shall establish a 23
program to transition research and prototype projects to 24
products in a production stage for the purpose of fulfilling 25
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•HR 3932 RH
critical mission needs of the intelligence community (in this 1
subsection referred to as the ‘program’), including by desig-2
nating projects as Emerging Technology Transition 3
Projects under section 6713 of the Intelligence Authoriza-4
tion Act for Fiscal Year 2023 (Public Law 117–263; 50 5
U.S.C. 3024 note; 136 Stat. 3568). 6
‘‘(f) E
NCOURAGEMENT OF USE BYELEMENTS.—The 7
Director of National Intelligence shall take such steps as 8
may be necessary to encourage the use of the Unit by the 9
heads of the other elements of the intelligence community. 10
‘‘(g) E
MERGINGTECHNOLOGYDEFINED.—In this sec-11
tion, the term ‘emerging technology’ has the meaning given 12
that term in section 6701 of the Intelligence Authorization 13
Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 14
3024 note; 136 Stat. 3561).’’. 15
(b) C
LARIFICATION OFEMERGINGTECHNOLOGYDEFI-16
NITION.—Section 6701(8)(A) of the Intelligence Authoriza-17
tion Act for Fiscal Year 2023 (Public Law 117–263; 50 18
U.S.C. 3024 note; 136 Stat. 3561) is amended by striking 19
‘‘during the 10-year period beginning on January 1, 2022’’ 20
and inserting ‘‘during the subsequent 10-year period’’. 21
(c) D
EADLINE FORESTABLISHMENT.—Not later than 22
1 year after the date of the enactment of this Act, the Direc-23
tor of National Intelligence shall establish the Intelligence 24
Community Innovation Unit. 25
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•HR 3932 RH
(d) PLAN ANDBRIEFINGS.— 1
(1) P
LAN.—Not later than 180 days after the 2
date of the enactment of this Act, the Director of Na-3
tional Intelligence shall submit to the congressional 4
intelligence committees a plan for the establishment of 5
the Intelligence Community Innovation Unit. 6
(2) B
RIEFINGS.—Not later than 180 days after 7
the date of the enactment of this Act, and on a bian-8
nual basis thereafter for 5 years, the Director of Na-9
tional Intelligence shall provide to the appropriate 10
congressional committees a briefing on the status of 11
the Intelligence Community Innovation Unit, the 12
staffing levels of such Unit, and the progress of such 13
Unit in identifying and facilitating the adoption of 14
commercial emerging technologies capable of advanc-15
ing the mission needs of the intelligence community. 16
(e) D
EFINITIONS.—In this section: 17
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -18
TEES.—The term ‘‘appropriate congressional commit-19
tees’’ means— 20
(A) the congressional intelligence commit-21
tees; and 22
(B) the Committees on Appropriations of 23
the House of Representatives and the Senate. 24
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•HR 3932 RH
(2) EMERGING TECHNOLOGY .—The term ‘‘emerg-1
ing technology’’ has the meaning given such term in 2
section 103L of the National Security Act of 1947 (as 3
added by subsection (a)). 4
(3) I
NTELLIGENCE COMMUNITY INNOVATION 5
UNIT.—The term ‘‘Intelligence Community Innova-6
tion Unit’’ means the Intelligence Community Inno-7
vation Unit established under such section 103L. 8
SEC. 902. ESTABLISHMENT OF OFFICE OF ENGAGEMENT. 9
(a) E
STABLISHMENT.—Title I of the National Security 10
Act of 1947 (50 U.S.C. 3021 et seq.), as amended by section 11
901, is further amended by adding at the end the following 12
new section (and conforming the table of contents at the 13
beginning of such Act accordingly): 14
‘‘SEC. 122. OFFICE OF ENGAGEMENT. 15
‘‘(a) E
STABLISHMENT.—There is within the Office of 16
the Director of National Intelligence an Office of Engage-17
ment (in this section referred to as the ‘Office’). 18
‘‘(b) H
EAD; STAFF.— 19
‘‘(1) H
EAD.—The Director of National Intel-20
ligence shall appoint as head of the Office an indi-21
vidual with requisite experience in matters relating to 22
the duties of the Office, as determined by the Director 23
of National Intelligence. Such head of the Office shall 24
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•HR 3932 RH
report directly to the Director of National Intel-1
ligence. 2
‘‘(2) S
TAFF.—To assist the head of the Office in 3
fulfilling the duties of the Office, the head shall em-4
ploy full-time equivalent staff in such number, and 5
with such requisite expertise in matters relating to 6
such duties, as may be determined by the head. 7
‘‘(c) D
UTIES.—The duties of the Office shall be as fol-8
lows: 9
‘‘(1) To coordinate and facilitate across the ele-10
ments of the intelligence community efforts regarding 11
outreach, relationship development, and associated 12
knowledge and relationship management, with cov-13
ered entities. 14
‘‘(2) To assist in sharing best practices regarding 15
such efforts among the elements of the intelligence 16
community. 17
‘‘(3) To establish and implement metrics to as-18
sess the effectiveness of such efforts. 19
‘‘(d) C
OVEREDENTITYDEFINED.—In this section, the 20
term ‘covered entity’ means an entity that is not an entity 21
of the United States Government, including private sector 22
companies, institutions of higher education, trade associa-23
tions, think tanks, laboratories, international organiza-24
tions, and foreign partners and allies.’’. 25
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•HR 3932 RH
(b) DEADLINE.—The Director of National Intelligence 1
shall establish the Office of Engagement by not later than 2
1 year after the date of the enactment of this Act. 3
(c) P
LAN ANDBRIEFINGS.— 4
(1) P
LAN.—Not later than 180 days after the 5
date of the enactment of this Act, the Director of Na-6
tional Intelligence shall submit to the congressional 7
intelligence committees a plan for the establishment of 8
the Office of Engagement. 9
(2) Q
UARTERLY BRIEFINGS.—Not later than 1 10
year after the date of the establishment of the Office 11
of Engagement, and on a quarterly basis for 5 years 12
thereafter, the Director of National Intelligence shall 13
submit to the congressional intelligence committees a 14
briefing on the status of the Office, including with re-15
spect to the staffing levels, activities, and fulfilment of 16
duties of the Office. 17
(d) D
EFINITIONS.—In this section, the term ‘‘Office of 18
Engagement’’ means the Office of Engagement established 19
under section 122 of the National Security Act of 1947, as 20
added by subsection (a). 21
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SEC. 903. REQUIREMENT FOR A CHIEF TECHNOLOGY OFFI-1
CER WITHIN EACH ELEMENT OF THE INTEL-2
LIGENCE COMMUNITY. 3
(a) R
EQUIREMENT.—Not later than 180 days after the 4
date of enactment of this Act, the head of each element of 5
the intelligence community shall ensure there is within such 6
element a senior official designated as the chief technology 7
officer of such element. 8
(b) R
ESPONSIBILITY.—The chief technology officer of 9
each element of the intelligence community shall be respon-10
sible for assisting the head of such element in the identifica-11
tion and adoption of technology to advance mission needs. 12
SEC. 904. REQUIREMENT TO AUTHORIZE ADDITIONAL SE-13
CURITY CLEARANCES FOR CERTAIN CON-14
TRACTORS. 15
(a) R
EQUIREMENT.—Notwithstanding any provision 16
of law to the contrary, consistent with Executive Order 17
12968 (60 Fed. Reg. 40245; relating to access to classified 18
information), or any successor thereto and Executive Order 19
10865 (25 Fed. Reg. 1583; relating to safeguarding classi-20
fied information within industry), or any successor thereto, 21
and subject to the limitations described in subsection (b)— 22
(1) any entity that enters into a covered contract 23
or agreement with an element of the intelligence com-24
munity may designate an additional number of cov-25
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•HR 3932 RH
ered persons who may submit an application for a se-1
curity clearance; 2
(2) the appropriate authorized investigative 3
agency and authorized adjudicative agency, as such 4
terms are defined in section 3001(a) of the Intel-5
ligence Reform and Terrorism Prevention Act of 2004 6
(50 U.S.C. 3341(a)), shall— 7
(A) upon receiving such an application— 8
(i) conduct an appropriate investiga-9
tion of the background of the additional cov-10
ered person; and 11
(ii) make a determination as to wheth-12
er the additional covered person is eligible 13
for access to classified information; and 14
(B) if the determination under subpara-15
graph (A)(ii) is favorable, upon any of the speci-16
fied number of covered persons required to hold 17
a security clearance for the performance of work 18
under that covered contract or agreement becom-19
ing unable to perform such work, make a deter-20
mination as to whether the additional covered 21
person has a demonstrated need-to-know under 22
such an Executive Order (without requiring an 23
additional investigation to be conducted under 24
subparagraph (A)(i)); and 25
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•HR 3932 RH
(3) if the additional covered person receives a fa-1
vorable determination regarding the need-to-know 2
under paragraph (2)(B) and signs an approved non-3
disclosure agreement, the additional covered person 4
may perform such work in lieu of such covered per-5
son. 6
(b) L
IMITATIONS.—The limitations described in this 7
subsection are as follows: 8
(1) L
IMITATION ON NUMBER DESIGNATED PER 9
CONTRACT.—The additional number designated by an 10
entity under subsection (a) for each covered contract 11
or agreement may not exceed the greater of the fol-12
lowing: 13
(A) 10 percent of the number of security 14
clearances required to be held by covered persons 15
to perform work under the covered contract or 16
agreement. 17
(B) 1 person. 18
(2) L
IMITATION ON NUMBER DESIGNATED PER 19
ENTITY.—The total additional number designated by 20
an entity under subsection (a) may not exceed the 21
greater of the following: 22
(A) 10 percent of the sum total number of 23
security clearances required to be held by covered 24
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•HR 3932 RH
persons to perform work under all covered con-1
tracts or agreements of the entity. 2
(B) 1 person. 3
(c) P
ROHIBITION.—No application for a security 4
clearance may be submitted by a covered person of an entity 5
or granted pursuant to subsection (a) in excess of the limi-6
tations under subsection (b) applicable to such entity. 7
(d) C
OSTS.— 8
(1) A
UTHORITY TO CHARGE AND COLLECT .—The 9
head of each element of the intelligence community 10
may charge fees or collect amounts to cover the exact 11
costs associated with granting or maintaining a secu-12
rity clearance an application for which is submitted 13
to the head pursuant to subsection (a)(1). 14
(2) R
ETENTION OF AMOUNTS .—Notwithstanding 15
section 3302(b) of title 31, United States Code— 16
(A) the head of each element of the intel-17
ligence community may retain amounts received 18
under paragraph (1); and 19
(B) any amount so retained shall be depos-20
ited into an account to be determined by such 21
head and shall be made available without subse-22
quent appropriation until expended for the pur-23
pose of granting or maintaining the respective 24
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•HR 3932 RH
security clearance for which such amount was re-1
ceived. 2
(3) P
ROHIBITION ON BEARING COSTS .—No head 3
of an element of the intelligence community may bear 4
any cost associated with granting or maintaining a 5
security clearance the application for which is sub-6
mitted pursuant to subsection (a)(1). 7
(e) A
PPLICABILITY.—The requirement under sub-8
section (a) shall apply with respect to contracts and other 9
agreements entered into on or after the date of the enact-10
ment of this Act. 11
(f) R
ULE OFCONSTRUCTION.—Nothing in this section 12
may be construed as requiring the head of an element of 13
the intelligence community to grant any covered person ac-14
cess to classified information if a favorable determination 15
of eligibility to access such classified information is not 16
made with respect to such person. 17
(g) D
EFINITIONS.—In this section: 18
(1) C
OVERED CONTRACT OR AGREEMENT .—The 19
term ‘‘covered contract or agreement’’, with respect to 20
an entity, means a contract or other agreement be-21
tween that entity and an element of the intelligence 22
community the performance of which requires a speci-23
fied number of covered persons to hold a security 24
clearance. 25
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(2) COVERED PERSON.—In this section, the term 1
‘‘covered person’’, with respect to an entity, means a 2
contractor or employee of that entity. 3
SEC. 905. INTELLIGENCE INNOVATION BOARD. 4
(a) E
STABLISHMENT OF INTELLIGENCEINNOVATION 5
B
OARD.—There is established a board to be known as the 6
Intelligence Innovation Board (in this section referred to 7
as the ‘‘Board’’). 8
(b) P
URPOSE.—The purpose of the Board is to provide 9
to the Director of National Intelligence, the heads of the 10
other elements of the intelligence community, and the con-11
gressional intelligence committees advice and recommenda-12
tions on changes to the culture, organizational structures, 13
processes, and functions of the intelligence community nec-14
essary to address the adoption of emerging technologies by 15
the intelligence community and to accelerate such adoption. 16
(c) M
EMBERSHIP.— 17
(1) A
PPOINTMENT OF MEMBERS .—The Board 18
shall be composed of 9 members appointed by the Di-19
rector of National Intelligence, after consultation with 20
the Chair and Ranking Member of the Permanent Se-21
lect Committee on Intelligence of the House of Rep-22
resentatives and the Chair and Vice Chair of the Se-23
lect Committee on Intelligence of the Senate, from 24
among citizens of the United States— 25
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•HR 3932 RH
(A) who are not officers or employees of an 1
element of the intelligence community; 2
(B) who are eligible to hold an appropriate 3
security clearance; 4
(C) who have demonstrated academic, gov-5
ernment, business, or other expertise relevant to 6
the mission and functions of the intelligence 7
community; and 8
(D) who the Director of National Intel-9
ligence determines— 10
(i) meet at least 1 of the qualifications 11
described in paragraph (2); and 12
(ii) do not present a conflict of inter-13
est. 14
(2) Q
UALIFICATIONS.—The qualifications de-15
scribed in this paragraph are the following: 16
(A) A proven track record of sound judg-17
ment in leading or governing a large and com-18
plex private sector corporation or organization. 19
(B) A proven track record as a distin-20
guished academic or researcher at an accredited 21
institution of higher education (as defined in sec-22
tion 101 of the Higher Education Act of 1965 23
(20 U.S.C. 1001)). 24
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•HR 3932 RH
(C) Demonstrated experience in identifying 1
emerging technologies and facilitating the adop-2
tion of such technologies into the operations of 3
large organizations in either the public or pri-4
vate sector. 5
(D) Demonstrated experience in developing 6
new technology. 7
(3) C
HAIR.—The Board shall have a Chair, who 8
shall be appointed by the Director of National Intel-9
ligence from among the members of the Board, after 10
consultation with the Chair and Ranking Member of 11
the Permanent Select Committee on Intelligence of the 12
House of Representatives and the Chair and Vice 13
Chair of the Select Committee on Intelligence of the 14
Senate. 15
(4) N
OTIFICATIONS.—Not later than 30 days 16
after the date on which the Director of National Intel-17
ligence appoints a member to the Board under para-18
graph (1), or appoints a member of the Board as 19
Chair under paragraph (3), the Director shall notify 20
the congressional intelligence committees of such ap-21
pointment in writing. 22
(5) T
ERMS.— 23
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(A) IN GENERAL.—Except as provided in 1
subparagraph (B), each member of the Board 2
shall be appointed for a term of 2 years. 3
(B) V
ACANCIES.—A member of the Board 4
appointed to fill a vacancy occurring before the 5
expiration of the term for which the predecessor 6
of the member was appointed shall be appointed 7
only for the remainder of that term. A vacancy 8
in the Board shall not affect the powers of the 9
Board and shall be filled in the manner in which 10
the original appointment was made. 11
(C) R
EAPPOINTMENT.—A member of the 12
Board may only be reappointed for 1 additional 13
2-year term. 14
(6) P
ROHIBITION ON COMPENSATION .—Except as 15
provided in paragraph (7), members of the Board 16
shall serve without pay. 17
(7) T
RAVEL EXPENSES.—Each member of the 18
Board shall receive travel expenses, including per 19
diem in lieu of subsistence, in accordance with appli-20
cable provisions under subchapter I of chapter 57 of 21
title 5, United States Code. 22
(8) M
EETINGS.—The Board shall meet as nec-23
essary to carry out its purpose and duties under this 24
section, but shall meet in person not less frequently 25
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•HR 3932 RH
than on a quarterly basis. A majority of the members 1
of the Board shall constitute a quorum. 2
(d) S
TAFF.— 3
(1) C
OMPOSITION.—The Board shall be composed 4
of full-time staff with requisite experience to assist the 5
Board in carrying out its purpose and duties under 6
this section in such number as the Director of Na-7
tional Intelligence determines appropriate. Such staff 8
may be appointed by the Director of National Intel-9
ligence or detailed or otherwise assigned from another 10
element of the intelligence community. 11
(2) S
ECURITY CLEARANCES.—Staff of the Board, 12
shall, as a condition of appointment, detail, or as-13
signment to the Board, as the case may be, hold ap-14
propriate security clearances for access to the classi-15
fied records and materials to be reviewed by the staff, 16
and shall follow the guidance and practices on secu-17
rity under applicable Executive orders and Presi-18
dential or agency directives. 19
(e) C
ONTRACTAUTHORITY.—The Board may contract 20
with and compensate government and private agencies or 21
persons to enable the Board to carry out its purpose and 22
duties under this section, without regard to section 6101 23
of title 41, United States Code. 24
(f) R
EPORTS.— 25
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(1) SUBMISSION.—Beginning on the date that is 1
2 years after the date on which the Board is estab-2
lished, and once every 2 years thereafter until the 3
date on which the Board terminates under subsection 4
(i), the Board shall submit to the Director of National 5
Intelligence and the congressional intelligence com-6
mittees a report on the activities of the Board, which 7
shall include, with respect to the period covered by the 8
report, the following: 9
(A) An assessment of the efforts of the intel-10
ligence community taken during such period to 11
accelerate the adoption of emerging technologies 12
by the intelligence community, including such ef-13
forts taken with respect to the culture, organiza-14
tional structures, processes, or functions of the 15
intelligence community. 16
(B) Recommendations on how the intel-17
ligence community may make further progress to 18
accelerate such adoption, including recommenda-19
tions on changes to the culture, organizational 20
structures, processes, and functions of the intel-21
ligence community necessary for such accelerated 22
adoption. 23
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(C) Any other matters the Board or the Di-1
rector of National Intelligence determines appro-2
priate. 3
(2) F
ORM.—Each report under paragraph (1) 4
may be submitted in classified form, but if so sub-5
mitted shall include an unclassified executive sum-6
mary. 7
(g) N
ONAPPLICABILITY OF CERTAINREQUIRE-8
MENTS.—Chapter 10 of title 5, United States Code, (com-9
monly known as the ‘‘Federal Advisory Committee Act’’) 10
shall not apply to the Board. 11
(h) T
ERMINATION.— 12
(1) I
N GENERAL.—Except as provided in para-13
graph (2), the Board shall terminate on September 14
30, 2028. 15
(2) R
ENEWAL.—The Director of National Intel-16
ligence may renew the Board for an additional 4-year 17
period following the date of termination specified in 18
paragraph (1) if the Director notifies the congres-19
sional intelligence committees of such renewal. 20
(i) C
HARTER.—Not later than 90 days after the date 21
of the enactment of this Act, the Director of National Intel-22
ligence shall establish a charter for the Board, consistent 23
with this section. 24
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SEC. 906. PROGRAMS FOR NEXT-GENERATION MICROELEC-1
TRONICS IN SUPPORT OF ARTIFICIAL INTEL-2
LIGENCE. 3
(a) P
ROGRAMESTABLISHMENT.—The Director of Na-4
tional Intelligence, acting through the Director of the Intel-5
ligence Advanced Research Projects Activity, shall establish 6
or otherwise oversee a program to advance microelectronics 7
research. 8
(b) R
ESEARCHFOCUS.—The Director of National In-9
telligence shall ensure that the research carried out under 10
the program established under subsection (a) is focused on 11
the following: 12
(1) Advanced engineering and applied research 13
into next-generation computing models, materials, de-14
vices, architectures, and algorithms to enable the ad-15
vancement of artificial intelligence and machine 16
learning. 17
(2) Efforts to— 18
(A) overcome challenges with engineering 19
and applied research of microelectronics, includ-20
ing with respect to the physical limits on tran-21
sistors, electrical interconnects, and memory ele-22
ments; 23
(B) promote long-term advancements in 24
computing technologies, including by fostering a 25
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unified and multidisciplinary approach encom-1
passing research and development into— 2
(i) next-generation algorithm design; 3
(ii) next-generation compute capa-4
bility; 5
(iii) generative and adaptive artificial 6
intelligence for design applications; 7
(iv) photonics-based microprocessors, 8
including electrophotonics; 9
(v) the chemistry and physics of new 10
materials; 11
(vi) optical communication networks, 12
including electrophotonics; and 13
(vii) safety and controls for generative 14
artificial intelligence applications for the 15
intelligence community. 16
(3) Any other activity the Director determines 17
would promote the development of microelectronics re-18
search for future technologies, including optical com-19
munications or quantum technologies. 20
(c) C
OLLABORATION AND PARTNERSHIPS.—In car-21
rying out the program established under subsection (a), the 22
Director of National Intelligence shall actively collaborate 23
with relevant Government agencies, academic institutions, 24
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and private industry to leverage expertise and resources in 1
conducting research. 2
(d) A
UTHORIZATION OFAPPROPRIATIONS.—Amounts 3
authorized to be appropriated for the National Intelligence 4
Program of the Office of the Director of National Intel-5
ligence may be made available to award contracts and 6
grants, and to enter into transactions other than contracts, 7
to carry out the program established under subsection (a). 8
(e) R
EPORTINGREQUIREMENTS.—The Director of the 9
Intelligence Advanced Research Projects Activity shall pro-10
vide to the congressional intelligence committees regular 11
briefings on— 12
(1) the progress, achievements, and outcomes of 13
the program established under subsection (a); 14
(2) the partnerships and collaborations con-15
ducted pursuant to subsection (c); and 16
(3) recommendations for future research prior-17
ities. 18
SEC. 907. PROGRAM FOR BEYOND 5G. 19
(a) E
STABLISHMENT.—The Director of National Intel-20
ligence, acting through the Director of the Intelligence Ad-21
vanced Research Projects Activity, may initiate or other-22
wise carry out a program dedicated to research and devel-23
opment efforts relevant to 6G technology and any successor 24
technologies. 25
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(b) CONSULTATION.—In carrying out any program 1
under subsection (a), the Director shall consult with— 2
(1) relevant— 3
(A) heads of Federal departments and agen-4
cies; 5
(B) private sector entities; 6
(C) institutions of higher learning; and 7
(D) federally funded research and develop-8
ment centers; and 9
(2) such other individuals and entities as the Di-10
rector determines appropriate. 11
(c) 6G T
ECHNOLOGYDEFINED.—In this section, the 12
term ‘‘6G technology’’ means hardware, software, or other 13
technologies relating to sixth-generation wireless networks. 14
SEC. 908. INTELLIGENCE COMMUNITY COMMERCIAL RE-15
MOTE SENSING REQUIREMENTS. 16
(a) S
ENSE OFCONGRESS.—It is the sense of Congress 17
that— 18
(1) the United States benefits from a robust com-19
mercial remote sensing industry that supports a 20
science, technology, engineering, and mathematics 21
academic pipeline, enables skilled manufacturing jobs, 22
and fosters technological innovation; 23
(2) commercial remote sensing capabilities com-24
plement and augment dedicated Government remote 25
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sensing capabilities, both when integrated into Gov-1
ernment architectures and leveraged as stand-alone 2
services; 3
(3) the Director of National Intelligence and 4
Under Secretary of Defense for Intelligence and Secu-5
rity should serve as the United States Government 6
leads for commercial remote sensing procurement and 7
seek to accommodate commercial remote sensing needs 8
of the intelligence community, the Department of De-9
fense, and Federal civil organizations under the pre-10
view of the cognizant functional managers; and 11
(4) a transparent, sustained investment by the 12
United States Government in commercial remote 13
sensing capabilities— 14
(A) is required to strengthen the United 15
States commercial remote sensing commercial in-16
dustry; and 17
(B) should include electro-optical, synthetic 18
aperture radar, hyperspectral, and radio fre-19
quency detection and other innovative 20
phenemonology that may have national security 21
applications. 22
(b) G
UIDANCEREQUIRED.—Not later than 180 days 23
after the date of the enactment of this Act, the Director of 24
National Intelligence and the Under Secretary of Defense 25
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for Intelligence and Security shall jointly develop guidance 1
requiring the Commercial Strategy Board or, if that is not 2
feasible, such other entities within the intelligence commu-3
nity and the Department of Defense that the Director and 4
the Under Secretary determine appropriate, to perform, on 5
a recurring basis, the following functions related to com-6
mercial remote sensing: 7
(1) Validation of the current and long-term com-8
mercial remote sensing capability needs, as deter-9
mined by the relevant functional managers, of the De-10
partment of Defense, the intelligence community, and 11
Federal civil users under the preview of the cognizant 12
functional managers. 13
(2) Development of commercial remote sensing 14
requirements documents that are unclassified and re-15
leasable to United States commercial industry. 16
(3) Development of a cost estimate that is un-17
classified and releasable to United States commercial 18
industry, covering at least 5 years, associated with 19
fulfilling the requirements contained in the commer-20
cial remote sensing requirements documents referred 21
developed under paragraph (2). 22
(c) F
UNDINGLEVELS.—In the case of any fiscal year 23
for which a cost estimate is developed under subsection 24
(b)(3) and for which the budget of the President (as sub-25
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mitted to Congress pursuant to section 1105 of title 31, 1
United States Code) requests a level of funding for the pro-2
curement of commercial remote sensing requirements that 3
is less than the amount identified in the cost estimate, the 4
President shall include with the budget an explanation for 5
the difference. 6
(d) R
EPORT.— 7
(1) I
N GENERAL.—Not later than 180 days after 8
the date of the enactment of this Act, the Director of 9
National Intelligence and the Under Secretary of De-10
fense for Intelligence and Security shall jointly sub-11
mit to the appropriate congressional committees a re-12
port on the implementation of subsection (b). 13
(2) A
PPROPRIATE CONGRESSIONAL COMMITTEES 14
DEFINED.—In this subsection, the term ‘‘appropriate 15
congressional committees’’ means— 16
(A) the congressional intelligence commit-17
tees; 18
(B) the congressional defense committees; 19
(C) the Subcommittee on Defense of the 20
Committee on Appropriations of the House of 21
Representatives; and 22
(D) the Subcommittee on Defense of the 23
Committee on Appropriations of the Senate. 24
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SEC. 909. REQUIREMENT TO ENSURE INTELLIGENCE COM-1
MUNITY DIRECTIVES APPROPRIATELY AC-2
COUNT FOR ARTIFICIAL INTELLIGENCE AND 3
MACHINE LEARNING TOOLS IN INTEL-4
LIGENCE PRODUCTS. 5
(a) R
EQUIREMENT.—Not later than 120 days after the 6
date of the enactment of this Act, the Director of National 7
Intelligence shall provide to the congressional intelligence 8
committees a briefing on whether intelligence community 9
directives in effect as of the date such briefing is provided 10
furnish intelligence community analysts with sufficient 11
guidance and direction with respect to the use of artificial 12
intelligence and machine learning tools in intelligence prod-13
ucts produced by the intelligence community. 14
(b) E
LEMENTS.—The briefing required under sub-15
section (a) shall include— 16
(1) a determination by the Director as to— 17
(A) whether Intelligence Community Direc-18
tive 203, Analytic Standards, Intelligence Com-19
munity Directive 206, Sourcing Requirements 20
for Disseminated Analytic Products, and any 21
other intelligence community directive related to 22
the production and dissemination of intelligence 23
products by the intelligence community in effect 24
as of the date the briefing under subsection (a) 25
is provided furnish intelligence community ana-26
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•HR 3932 RH
lysts with sufficient guidance and direction on 1
how to properly use, provide sourcing informa-2
tion about, and otherwise provide transparency 3
to customers regarding the use of artificial intel-4
ligence and machine learning tools in intel-5
ligence products produced by the intelligence 6
community; and 7
(B) whether any intelligence community di-8
rective described in subparagraph (A) requires 9
an update to provide such guidance and direc-10
tion; and 11
(2) with respect to the determination under 12
paragraph (1)— 13
(A) in the case the Director makes a deter-14
mination that no update to an intelligence com-15
munity directive described in such paragraph is 16
required, an explanation regarding why such in-17
telligence community directives currently provide 18
sufficient guidance and direction to intelligence 19
community analysts; and 20
(B) in the case the Director makes a deter-21
mination that an update to an intelligence com-22
munity directive described in such paragraph is 23
required, a plan and proposed timeline to update 24
any such intelligence community directive. 25
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129
118
TH
CONGRESS
1
ST
S
ESSION
H. R. 3932
[Report No. 118–162]
A BILL
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 Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes.
A
UGUST
18, 2023
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
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