I
118THCONGRESS
1
STSESSION H. R. 6329
To increase the availability of open-source intelligence products in the Federal
Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER9, 2023
Mr. C
ASTROof Texas (for himself and Mr. GALLAGHER) introduced the fol-
lowing bill; which was referred to the Permanent Select Committee on In-
telligence
A BILL
To increase the availability of open-source intelligence
products in the Federal Government, and for other purposes.
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. 3
This Act may be cited as the ‘‘Open Source Intel-4
ligence Availability Act’’. 5
SEC. 2. DEVELOPMENT OF PLAN TO MAKE OPEN-SOURCE 6
INTELLIGENCE PRODUCTS AVAILABLE TO 7
CERTAIN FEDERAL EMPLOYEES. 8
(a) P
LANREQUIREMENT.—Not later than 180 days 9
after the date of the enactment of this Act, the Director 10
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of National Intelligence, in consultation with such heads 1
of the elements of the intelligence community as the Direc-2
tor considers appropriate, shall develop and submit to the 3
congressional intelligence committees a plan to make avail-4
able to covered individuals any covered open-source intel-5
ligence product. 6
(b) E
LEMENTS.—The plan required under subsection 7
(a) shall include the following: 8
(1) Policies and procedures to make available to 9
covered individuals any covered open-source intel-10
ligence product in a manner consistent with the pro-11
tection of intelligence sources and methods. 12
(2) Policies and procedures to increase the 13
availability and accessibility to covered individuals of 14
publicly available foreign language material that is 15
translated by or within the intelligence community. 16
(3) Policies and procedures to ensure that the 17
head of each element of the intelligence community 18
that produces any covered open-source intelligence 19
product complies with all policies and procedures 20
issued to implement the plan submitted under sub-21
section (a). 22
(4) Policies and procedures to ensure that any 23
covered open-source intelligence product that is 24
made available to covered individuals satisfies the re-25
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quirements under any policy, procedure, or standard 1
issued by the head of an element of the intelligence 2
community relating to the production and dissemina-3
tion of intelligence products. 4
(5) Any obstacles to making available to cov-5
ered individuals unclassified products derived from 6
open-source intelligence produced by the intelligence 7
community, including translated foreign language 8
material described in paragraph (2). 9
(6) With respect to implementation of the plan, 10
a discussion of the estimated timeline, any additional 11
funding or other resources, and any new authorities 12
that would be required for such implementation. 13
(7) A discussion of the feasibility and advis-14
ability of making unclassified products derived from 15
open-source intelligence produced by the intelligence 16
community available to State and local government 17
officials who would derive value from such unclassi-18
fied products. 19
(c) F
ORM.—The plan required under subsection (a) 20
shall be submitted in unclassified form, but may include 21
a classified annex. 22
(d) I
NTELLIGENCE COMMUNITYDIRECTIVEWITH 23
R
ESPECT TOOPEN-SOURCEINTELLIGENCE.—Not later 24
than 180 days after the date of the enactment of this Act, 25
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the Director of National Intelligence shall update Intel-1
ligence Community Directive 208, Maximizing the Utility 2
of Analytic Products (or any successor directive) to spe-3
cifically address— 4
(1) the production and dissemination of unclas-5
sified intelligence products derived entirely from 6
open-source intelligence, including from unclassified 7
publicly available information, unclassified commer-8
cially available information, or any other type of un-9
classified information; and 10
(2) the needs and requirements of covered indi-11
viduals who do not hold a security clearance or have 12
access to the classified systems on which such un-13
classified intelligence products reside. 14
(e) D
EFINITIONS.—In this section: 15
(1) C
OVERED INDIVIDUAL.—The term ‘‘covered 16
individual’’ means an employee of the Federal Gov-17
ernment— 18
(A) who is not an employee or contractor 19
of an element of the intelligence community; 20
and 21
(B) who would derive value from a covered 22
open-source intelligence product. 23
(2) C
OVERED OPEN -SOURCE INTELLIGENCE 24
PRODUCT.—The term ‘‘covered open-source intel-25
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ligence product’’ means an unclassified product de-1
rived from open-source intelligence that is produced 2
by the intelligence community. 3
Æ
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