IB Union Calendar No. 558 118THCONGRESS 2 DSESSION H. R. 8512 [Report No. 118–662] To authorize appropriations for fiscal year 2025 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 MAY22, 2024 Mr. T URNERintroduced the following bill; which was referred to the Permanent Select Committee on Intelligence S EPTEMBER11, 2024 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 May 22, 2024] VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 8512 RH A BILL To authorize appropriations for fiscal year 2025 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. VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 8512 RH 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 2025’’. 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 MATTERS Sec. 301. Restriction on conduct of intelligence activities. Sec. 302. Increase in employee compensation and benefits authorized by law. Sec. 303. Statute of limitation for espionage offenses. Sec. 304. Secure communication between Congress and intelligence community. Sec. 305. Commission to examine the national security and defense risks to the United States posed by anomalous health incidents. TITLE IV—MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE Subtitle A—Miscellaneous Authorities and Limitations Sec. 401. Congressional notifications and summaries of misconduct regarding em- ployees within the intelligence community. Sec. 402. Improvements to urgent concerns submitted to Inspectors General of the Intelligence Community. Sec. 403. Protection for individuals making authorized disclosures to Inspectors General of elements of the intelligence community. Sec. 404. Clarification of authority of certain Inspectors General to receive pro- tected disclosures. Sec. 405. Codification of the National Intelligence Management Council. Sec. 406. Analyses and impact statements regarding proposed investment into the United States. Sec. 407. Responsibilities and authorities of the Director of National Intelligence. Sec. 408. Enabling intelligence community integration. Sec. 409. Protection of intelligence sources and methods. VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 8512 RH Sec. 410. Department of Homeland Security intelligence support for State Gov- ernors. Sec. 411. Authorization relating to certain intelligence and counterintelligence ac- tivities of Coast Guard. Sec. 412. Requirements with respect to access of foreign nationals to Department of Energy National Laboratories. Sec. 413. Formalized counterintelligence training for Department of Energy per- sonnel. Sec. 414. Federal Bureau of Investigation proactive cyber support. Sec. 415. Requirements relating to confidential human source program of Federal Bureau of Investigation. Sec. 416. Congressional notice of FBI counterintelligence investigations into indi- viduals who hold or are candidates for Federal elected office. Sec. 417. Intelligence Community Counterintelligence Office at the Department of Transportation. Sec. 418. Ukraine lessons learned Working Group. Sec. 419. Modification to waiver for post-service employment restrictions. Sec. 420. Prohibition of funds for Intelligence Experts Group. Sec. 421. Prohibition on availability of funds for certain activities of the Overt Human Intelligence and Open Source Intelligence Collection Programs of the Office of Intelligence and Analysis of the De- partment of Homeland Security. Sec. 422. Limitation on availability of funds for the Office of the Director of Na- tional Intelligence pending submission of information regarding improvements relating to intelligence community staffing, de- tails, and assignments. Subtitle B—Reports and Other Matters Sec. 431. Foreign malign influence interagency guidance. Sec. 432. Foreign malign influence standard operating procedures. Sec. 433. Intelligence support for certain executive branch departments and agen- cies. Sec. 434. Intelligence community recruitment for certain security-cleared sepa- rating Military Members. Sec. 435. Strategy to strengthen intelligence community recruitment efforts in the United States territories. Sec. 436. Extension of requirement for annual report on strikes undertaken by the United States against terrorist targets outside areas of active hostilities. Sec. 437. Advisability and feasibility study on updating intelligence sharing reg- ulations. Sec. 438. Budget transparency for open-source intelligence activities. Sec. 439. Enhancing public-private sharing on manipulative adversary practices in critical mineral projects. Sec. 440. Briefing on policies and procedures for addressing threats from known or suspected terrorists. Sec. 441. Assessment on intelligence relationship between Egypt and Israel. Sec. 442. Intelligence assessment of economic coercion by the People’s Republic of China in the Indo-Pacific region and strategies to enhance the economic resilience of countries in the Indo-Pacific region. Sec. 443. Report on the mission effect of civilian harm. Sec. 444. Report on the economic outlook of China. Sec. 445. Repeal of requirement with respect to assessments regarding the North- ern Triangle and Mexico. VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6213 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 8512 RH TITLE V—MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD ARCHITECTURE Sec. 501. Sense of Congress on the need for increased effort and resources in the field of geomatics. Sec. 502. Department of Defense Senior Intelligence Oversight Official. Sec. 503. Extension and modification of Department of Defense intelligence and counterintelligence expense authority. Sec. 504. Authority of Army counterintelligence agents. Sec. 505. Modifications to notification on the provision of Defense sensitive sup- port. Sec. 506. Revision of Secretary of Defense authority to engage in commercial ac- tivities as security for intelligence collection activities. Sec. 507. Promulgating guidance related to certain Department of Defense con- tracts. Sec. 508. Sense of Congress on Space Force acquisition workforce. TITLE VI—MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY Sec. 601. Requirements for the Special Victim Investigator. Sec. 602. Reserve for Contingencies notification requirement. Sec. 603. Government Accountability Office study and report on modernization initiative of the Central Intelligence Agency. TITLE VII—MATTERS RELATING TO TECHNOLOGY AND INNOVATION Sec. 701. Sensitive compartmented information facility accreditation. Sec. 702. Study of intelligence community research security. Sec. 703. Report on biotechnology. Sec. 704. Data with respect to timeliness of security clearance determinations. Sec. 705. Data with respect to timeliness of polygraph examinations. 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 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 8512 RH TITLE I—INTELLIGENCE 1 ACTIVITIES 2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 3 Funds are hereby authorized to be appropriated for fis-4 cal year 2025 for the conduct of the intelligence and intel-5 ligence-related activities of the Federal Government. 6 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 7 (a) S PECIFICATIONS OFAMOUNTS.—The amounts au-8 thorized to be appropriated under section 101 for the con-9 duct of the intelligence activities of the Federal Government 10 are those specified in the classified Schedule of Authoriza-11 tions prepared to accompany this Act. 12 (b) A VAILABILITY OFCLASSIFIEDSCHEDULE OFAU-13 THORIZATIONS.— 14 (1) A VAILABILITY.—The classified Schedule of 15 Authorizations referred to in subsection (a) shall be 16 made available to the Committee on Appropriations 17 of the Senate, the Committee on Appropriations of the 18 House of Representatives, and to the President. 19 (2) D ISTRIBUTION BY THE PRESIDENT .—Subject 20 to paragraph (3), the President shall provide for suit-21 able distribution of the classified Schedule of Author-22 izations referred to in subsection (a), or of appro-23 priate portions of such Schedule, within the executive 24 branch of the Federal Government. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 8512 RH (3) LIMITS ON DISCLOSURE .—The President 1 shall not publicly disclose the classified Schedule of 2 Authorizations or any portion of such Schedule ex-3 cept— 4 (A) as provided in section 601(a) of the Im-5 plementing Recommendations of the 9/11 Com-6 mission Act of 2007 (50 U.S.C. 3306(a)); 7 (B) to the extent necessary to implement the 8 budget; or 9 (C) as otherwise required by law. 10 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC-11 COUNT. 12 (a) A UTHORIZATION OF APPROPRIATIONS.—There is 13 authorized to be appropriated for the Intelligence Commu-14 nity Management Account of the Director of National Intel-15 ligence for fiscal year 2025 the sum of $650,000,000. 16 (b) C LASSIFIEDAUTHORIZATION OF APPROPRIA-17 TIONS.—In addition to amounts authorized to be appro-18 priated for the Intelligence Community Management Ac-19 count by subsection (a), there are authorized to be appro-20 priated for the Intelligence Community Management Ac-21 count for fiscal year 2025 such additional amounts as are 22 specified in the classified Schedule of Authorizations re-23 ferred to in section 102(a). 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 8512 RH TITLE II—CENTRAL INTEL-1 LIGENCE AGENCY RETIRE-2 MENT AND DISABILITY SYS-3 TEM 4 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 5 There is authorized to be appropriated for the Central 6 Intelligence Agency Retirement and Disability Fund 7 $514,000,000 for fiscal year 2025. 8 TITLE III—GENERAL 9 INTELLIGENCE MATTERS 10 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 11 ACTIVITIES. 12 The authorization of appropriations by this Act shall 13 not be deemed to constitute authority for the conduct of any 14 intelligence activity which is not otherwise authorized by 15 the Constitution or the laws of the United States. 16 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 17 BENEFITS AUTHORIZED BY LAW. 18 Appropriations authorized by this Act for salary, pay, 19 retirement, and other benefits for Federal employees may 20 be increased by such additional or supplemental amounts 21 as may be necessary for increases in such compensation or 22 benefits authorized by law. 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 8512 RH SEC. 303. STATUTE OF LIMITATION FOR ESPIONAGE OF-1 FENSES. 2 (a) I NGENERAL.—Chapter 213 of title 18, United 3 States Code, is amended by adding at the end the following: 4 ‘‘§ 3302. Espionage offenses 5 ‘‘An indictment may be found or an information may 6 be instituted at any time without limitation for— 7 ‘‘(1) a violation of section 951, or a conspiracy 8 to violate such section; 9 ‘‘(2) a violation of section 794, or a conspiracy 10 to violate such section; or 11 ‘‘(3) a violation of section 1425, if the offense 12 was committed to facilitate a violation of section 13 951.’’. 14 (b) C LERICALAMENDMENT.—The table of sections for 15 chapter 213 of title 18, United States Code, is amended by 16 adding at the end the following: 17 ‘‘3302. Espionage offenses.’’. (c) CONFORMINGAMENDMENT.—Section 19 of the In-18 ternal Security Act of 1950 (18 U.S.C. 792 note) is amend-19 ed by striking ‘‘, 793, or 794’’ and inserting ‘‘or 793’’. 20 SEC. 304. SECURE COMMUNICATION BETWEEN CONGRESS 21 AND INTELLIGENCE COMMUNITY. 22 Section 102A of the National Security Act of 1947 (50 23 U.S.C. 3024) is amended by adding at the end the following 24 new subsection: 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 8512 RH ‘‘(aa) REQUIREMENTSWITHRESPECT TOSECURE 1 C OMMUNICATIONBETWEENCONGRESS ANDINTELLIGENCE 2 C OMMUNITY.— 3 ‘‘(1) I N GENERAL.—The Director of National In-4 telligence shall, upon the approval of specified con-5 gressional leaders— 6 ‘‘(A) provide secure communications to sup-7 port the oversight functions of the congressional 8 intelligence committees, including through the 9 procurement, installation, configuration, and 10 maintenance of sufficient software, connectivity, 11 information technology equipment, computers, 12 printers, and related peripheral equipment to en-13 sure that such committees are able to commu-14 nicate with the intelligence community through 15 secure data, voice, and video communications; 16 ‘‘(B) ensure that such communications en-17 abled under subparagraph (A) facilitate commu-18 nication at all classification levels; 19 ‘‘(C) ensure that the requirements specified 20 in subparagraph (A) are met in conformity with 21 applicable standards for the protection of na-22 tional security information; and 23 ‘‘(D) ensure that any security limitations or 24 controls associated with use of capabilities pur-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 8512 RH suant to subparagraph (A) are consistent with 1 such limitations or controls imposed within the 2 executive branch and do not impede effective and 3 efficient oversight of the intelligence community 4 by Congress. 5 ‘‘(2) G OVERNANCE.—The Director, in coordina-6 tion with specified congressional leaders, shall estab-7 lish governance and security policies applicable to the 8 connectivity, equipment, and software provided under 9 this subsection and shall review and update such poli-10 cies periodically, as appropriate, to address counter-11 intelligence threats and technological changes. 12 ‘‘(3) T REATMENT AS CONGRESSIONAL 13 RECORDS.—Any data created, stored, or transmitted 14 by the congressional intelligence committees through 15 networks, equipment, or software provided under 16 paragraph (1) is a congressional record and shall not 17 be treated as an agency record for purposes of section 18 552 of title 5, United States Code, (commonly known 19 as the ‘the Freedom of Information Act’) or any other 20 law. 21 ‘‘(4) D OCUMENTATION OF COST .—The Director 22 shall document the funding required to satisfy this 23 subsection within each annual budget submission to 24 Congress, including any anticipated upgrades or re-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 12 •HR 8512 RH capitalization expenditures over the 5-year period 1 that begins on October 1 of the fiscal year for which 2 year-by-year proposed funding is included. 3 ‘‘(5) S PECIFIED CONGRESSIONAL LEADERS DE -4 FINED.—In this subsection, the term ‘specified con-5 gressional leaders’ means— 6 ‘‘(A) the Speaker and the minority leader of 7 the House of Representatives; 8 ‘‘(B) the majority leader and the minority 9 leader of the Senate; and 10 ‘‘(C) the Chair and Ranking Member of the 11 congressional intelligence committees.’’. 12 SEC. 305. COMMISSION TO EXAMINE THE NATIONAL SECU-13 RITY AND DEFENSE RISKS TO THE UNITED 14 STATES POSED BY ANOMALOUS HEALTH INCI-15 DENTS. 16 (a) E STABLISHMENT.—There is established, not later 17 than 45 days after the date of the enactment of this Act, 18 an independent commission to be known as the National 19 Security Commission on Anomalous Health Incidents (re-20 ferred to in this section as the ‘‘Commission’’) to review 21 anomalous health incidents affecting United States Govern-22 ment personnel and their dependents for the purpose of com-23 prehensively addressing the national security and defense 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 13 •HR 8512 RH risks to the United States posed by anomalous health inci-1 dents. 2 (b) M EMBERSHIP.— 3 (1) C OMPOSITION.—The Commission shall be 4 composed of 9 members appointed as follows: 5 (A) The Director of National Intelligence 6 shall appoint 1 member. 7 (B) The Chair of the Permanent Select 8 Committee on Intelligence of the House of Rep-9 resentatives shall appoint 1 member. 10 (C) The Ranking Member of the Permanent 11 Select Committee on Intelligence of the House of 12 Representatives shall appoint 1 member. 13 (D) The Chair of the Committee on Armed 14 Services of the House of Representatives shall ap-15 point 1 member. 16 (E) The Ranking Member of the Committee 17 on Armed Services of the House of Representa-18 tives shall appoint 1 member. 19 (F) The Chair of the Select Committee on 20 Intelligence of the Senate shall appoint 1 mem-21 ber. 22 (G) The Vice Chair of the Select Committee 23 on Intelligence of the Senate shall appoint 1 24 member. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 14 •HR 8512 RH (H) The Chair of the Committee on Armed 1 Services of the Senate shall appoint 1 member. 2 (I) The Ranking Member of the Committee 3 on Armed Services of the Senate shall appoint 1 4 member. 5 (2) I NITIAL APPOINTMENTS.—Members shall be 6 appointed to the Commission under paragraph (1) 7 not later than 30 days after the establishment of the 8 Commission under subsection (a). 9 (3) E FFECT OF LACK OF APPOINTMENT BY DEAD -10 LINE.—If one or more appointments under paragraph 11 (1) is not made by the appointment date specified in 12 paragraph (2), the authority to make such appoint-13 ment or appointments shall expire, and the number 14 of members of the Commission shall be reduced by the 15 number equal to the number of appointments so not 16 made. 17 (4) Q UALIFICATIONS.—It is the sense of Congress 18 that each member of the Commission appointed under 19 paragraph (1) should— 20 (A) have significant professional experience 21 in national security, such as a position in— 22 (i) the intelligence community; 23 (ii) the Department of Defense; 24 (iii) the scientific community; 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 15 •HR 8512 RH (iv) a medical institution; or 1 (v) an academic or scholarly institu-2 tion; and 3 (B) be eligible to receive the appropriate se-4 curity clearance to effectively evaluate their du-5 ties. 6 (5) P ROHIBITIONS.—A member of the Commis-7 sion appointed under paragraph (1) may not— 8 (A) be a current member of Congress; 9 (B) be a former member of Congress who 10 served in Congress after January 1, 2017; 11 (C) be a current or former registrant under 12 the Foreign Agents Registration Act of 1938 (22 13 U.S.C. 611 et seq.); 14 (D) have previously received medical treat-15 ment for symptoms related to a suspected anom-16 alous health incident, or have a dependent who 17 previously received medical treatment for symp-18 toms related to a suspected anomalous health in-19 cident; or 20 (E) have served, with direct involvement, in 21 actions by or sponsored by the executive branch 22 of the United States Government to investigate 23 or respond to reports of anomalous health inci-24 dents. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 16 •HR 8512 RH (6) CHAIR AND VICE CHAIR.—The Commission 1 shall select a Chair and a Vice Chair from among the 2 members of the Commission. 3 (7) T ERMS.—Members shall be appointed for the 4 life of the Commission. A vacancy in the Commission 5 shall not affect its powers and shall be filled in the 6 same manner as the original appointment was made. 7 The Chair and Vice Chair shall report any vacancy 8 in the Commission to the appropriate congressional 9 committees immediately upon learning that there will 10 be a vacancy in the Commission. 11 (8) M EETINGS.— 12 (A) I NITIAL MEETING.—Not later than 30 13 days after the date on which all members of the 14 Commission have been appointed, the Commis-15 sion shall hold the first meeting of the Commis-16 sion. 17 (B) F REQUENCY.—The Commission shall 18 meet at the call of the Chair and Vice Chair. 19 (C) Q UORUM.—A majority of the members 20 of the Commission shall constitute a quorum, but 21 a lesser number of members may hold meetings. 22 (c) D UTIES.— 23 (1) I N GENERAL.—The Commission shall carry 24 out the review described in paragraph (2). In car-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 17 •HR 8512 RH rying out such review, the Commission shall consider 1 both the events known as anomalous health incidents 2 themselves, and the response to such incidents by the 3 United States Government and other nations’ govern-4 ments for the purpose of comprehensively addressing 5 the national security and defense risks to the United 6 States posed by the causes of, and responses to, anom-7 alous health incidents. 8 (2) S COPE OF THE REVIEW.—In conducting the 9 review under paragraph (1), the Commission shall 10 consider the following: 11 (A) A historical review of the United States 12 Government’s response to anomalous health inci-13 dents to identify a more effective, standardized 14 model that can be applied to complex challenges 15 to ensure all perspectives are fully and fairly 16 presented to policy makers, mitigate real or per-17 ceived undue influence on analytical judgments, 18 and effectively gather and act on intelligence and 19 information to address complex national security 20 challenges. 21 (B) A historical review of the United States 22 Government’s provision of support and medical 23 care to United States personnel and their de-24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 18 •HR 8512 RH pendents impacted by anomalous health inci-1 dents. 2 (C) Whether a review of all information on 3 collected reports of anomalous health incidents 4 can inform the development of a categorization 5 mechanism which can inform appropriate steps 6 to be taken following future reports. 7 (D) Whether available data points to the in-8 volvement of an external actor in some or all re-9 ported anomalous health incidents. 10 (E) Whether known or novel mechanisms an 11 adversary might use against United States per-12 sonnel or their dependents might explain some or 13 all reported anomalous health incidents. 14 (F) Whether comparable information, data, 15 and reports on other intelligence questions led to 16 similar analytic judgments. 17 (G) Any other matters the Commission 18 deems relevant to the common defense of the Na-19 tion. 20 (d) R EPORTS.— 21 (1) I NITIAL BRIEFING.—Not later than 180 days 22 after the date of the enactment of this Act, the Com-23 mission shall brief the President, or the President’s 24 designee, and the appropriate congressional commit-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 19 •HR 8512 RH tees on the progress of the activities of the Commis-1 sion as of the date of such briefing. 2 (2) A NNUAL REPORT.— 3 (A) I N GENERAL.—Not later than 1 year 4 after the date of the initial meeting of the Com-5 mission, and annually thereafter, the Commis-6 sion shall submit to the President and the appro-7 priate congressional committees a report describ-8 ing the progress of the activities of the Commis-9 sion as of the date of such report, including any 10 findings, recommendations, or lessons learned en-11 dorsed by the Commission. 12 (B) B RIEFING.—On the date of the submis-13 sion of each annual report required under this 14 paragraph, the Commission shall brief the Presi-15 dent, or the President’s designee, and the appro-16 priate congressional committees. 17 (3) F INAL REPORT.— 18 (A) S UBMISSION.—Not later than 3 years 19 after the date of the establishment of the Com-20 mission under subsection (a), the Commission 21 shall submit to the President and the appro-22 priate congressional committees a final report on 23 the findings of the Commission and such rec-24 ommendations that the Commission may have 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 20 •HR 8512 RH for action by Congress and the Federal Govern-1 ment, which shall address the following: 2 (i) Whether known or novel mecha-3 nisms an adversary might use against 4 United States personnel or their dependents 5 might explain some or all reported anoma-6 lous health incidents. 7 (ii) Whether available data points to 8 the involvement of an external actor in 9 some or all reported anomalous health inci-10 dents. 11 (iii) Whether the United States Gov-12 ernment’s provision of support and medical 13 care is sufficient to appropriately address 14 the impacts of anomalous health incidents 15 on affected personnel. 16 (iv) Effectively structuring United 17 States Government responses to distinct, 18 complex national security issues such as re-19 ports of anomalous health incidents. 20 (v) Research and development to im-21 prove the medical response and potential 22 harm mitigation techniques for anomalous 23 health incidents. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 21 •HR 8512 RH (vi) How analytic integrity and struc-1 tured analytical techniques impacted the 2 United States Government’s response to 3 anomalous health incidents. 4 (vii) What the anomalous health inci-5 dents situation says about the counterintel-6 ligence posture of the United States Govern-7 ment. 8 (viii) Future policy recommendations 9 for anomalous health incidents or other 10 health incidents with a potential counter-11 intelligence nexus. 12 (B) A DDENDA.—Any member of the Com-13 mission may submit an addendum to the report 14 required under subparagraph (A) setting forth 15 the separate views of such member with respect 16 to any matter considered by the Commission. 17 (C) B RIEFING.—On the date of the submis-18 sion of the final report required under this para-19 graph, the Commission shall brief the appro-20 priate congressional committees. 21 (4) F ORM OF REPORTS .—Reports submitted 22 under this subsection shall be made publicly available 23 but may include a classified annex. 24 (e) P OWERS OFCOMMISSION.— 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 22 •HR 8512 RH (1) HEARINGS AND EVIDENCE.—The Commission 1 may, for the purpose of carrying out this section— 2 (A) hold such hearings and sit and act at 3 such times and places, take such testimony, re-4 ceive such evidence, and administer such oaths 5 as the Commission considers necessary to fulfill 6 the Commission’s duties; and 7 (B) subject to paragraph (2)(A), require, by 8 subpoena or otherwise, the attendance and testi-9 mony of such witnesses and the production of 10 such books, records, correspondence, cables, 11 memoranda, papers, documents, and any other 12 information as the Commission considers nec-13 essary to fulfill the Commission’s duties. 14 (2) S UBPOENAS.— 15 (A) I SSUANCE.— 16 (i) I N GENERAL.—A subpoena may be 17 issued under this subsection only— 18 (I) by the agreement of the Chair 19 and the Vice Chair; or 20 (II) by the affirmative vote of a 21 majority of the Commission. 22 (ii) S IGNATURE.—Subject to clause 23 (i)— 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 23 •HR 8512 RH (I) subpoenas issued under this 1 subsection may be issued under the sig-2 nature of the Chair and Vice Chair of 3 the Commission, or any member des-4 ignated by a majority of the Commis-5 sion; and 6 (II) subpoenas issued under this 7 subsection may be served by any per-8 son designated by the Chair and Vice 9 Chair of the Commission, or by a 10 member designated by a majority of 11 the Commission. 12 (B) E NFORCEMENT.— 13 (i) I N GENERAL.—In the case of contu-14 macy or failure to obey a subpoena issued 15 under this subsection, the United States dis-16 trict court for the judicial district in which 17 the subpoenaed person resides, is served, or 18 may be found, or where the subpoena is re-19 turnable, may issue an order requiring such 20 person to appear at any designated place to 21 testify or to produce documentary or other 22 evidence. Any failure to obey the order of 23 the court may be punished by the court as 24 a contempt of that court. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 24 •HR 8512 RH (ii) ADDITIONAL ENFORCEMENT .—In 1 the case of any failure of any witness to 2 comply with any subpoena or to testify 3 when summoned under authority of this sec-4 tion, the Commission may, by majority 5 vote, certify a statement of fact constituting 6 such failure to the appropriate United 7 States attorney, who may bring the matter 8 before the grand jury for its action, under 9 the same statutory authority and procedures 10 as if the United States attorney had re-11 ceived a certification under sections 102 12 through 104 of the Revised Statutes of the 13 United States (2 U.S.C. 192 through 194). 14 (C) P RIVILEGE CLAIMS.—Claims of com-15 mon-law privileges made by any witness are ap-16 plicable only at the discretion of the Chair and 17 Vice Chair. 18 (f) I NFORMATIONFROMFEDERALAGENCIES.— 19 (1) I N GENERAL.—The Commission is authorized 20 to secure directly from any executive department, bu-21 reau, agency, board, commission, office, independent 22 establishment, or instrumentality of the Federal Gov-23 ernment such books, records, correspondence, cables, 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 25 •HR 8512 RH memoranda, papers, documents, and any other infor-1 mation for the purposes of this section. 2 (2) C OOPERATION.—In carrying out its duties, 3 the Commission shall receive the full and timely co-4 operation of any executive department, bureau, agen-5 cy, board, commission, office, independent establish-6 ment, or instrumentality of the Federal Government 7 in providing the Commission with analysis, briefings, 8 and other information necessary for the fulfillment of 9 the Commission’s duties. 10 (3) F URNISHING INFORMATION.—Upon receipt of 11 a written request made by the Chair and Vice Chair 12 of the Commission, or by vote of a majority of the 13 Commission, the head of the department, bureau, 14 agency, board, commission, office, independent estab-15 lishment, or instrumentality of the Federal Govern-16 ment shall expeditiously furnish such books, records, 17 correspondence, cables, memoranda, papers, docu-18 ments, and any other information to the Commission. 19 Claims of common-law privileges made by any execu-20 tive department, bureau, agency, board, commission, 21 office, independent establishment, or instrumentality 22 of the Federal Government are applicable only at the 23 discretion of the Chair and Vice Chair. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 26 •HR 8512 RH (4) RECEIPT, HANDLING, STORAGE, AND DIS-1 SEMINATION.—Such books, records, correspondence, 2 cables, memoranda, papers, documents, and any other 3 information received by the Commission shall only be 4 received, handled, stored, and disseminated by mem-5 bers of the Commission and its staff consistent with 6 all applicable statutes, regulations, and Executive or-7 ders. 8 (5) P ROTECTION OF CLASSIFIED INFORMATION .— 9 A department, bureau, agency, board, commission, of-10 fice, independent establishment, or instrumentality of 11 the Federal Government shall respond to requests sub-12 mitted pursuant to paragraph (2) in a manner con-13 sistent with the protection of intelligence sources and 14 methods. 15 (g) S UPPORTFROMFEDERALAGENCIES.— 16 (1) D IRECTOR OF NATIONAL INTELLIGENCE .— 17 The Director of National Intelligence shall provide to 18 the Commission, on a nonreimbursable basis, such ad-19 ministrative services, funds, staff, facilities, and other 20 support services as are necessary for the performance 21 of the duties of the Commission under this section. 22 (2) S ECRETARY OF DEFENSE .—The Secretary of 23 Defense may provide the Commission, on a nonreim-24 bursable basis, with such administrative services, 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 27 •HR 8512 RH staff, and other support services as the Commission 1 may request. 2 (3) O THER DEPARTMENTS AND AGENCIES .—In 3 addition to the assistance set forth in paragraphs (1) 4 and (2), other departments and agencies of the United 5 States may provide the Commission such services, 6 funds, facilities, staff, and other support as such de-7 partments and agencies consider advisable and as 8 may be authorized by law. 9 (h) T REATMENT OFINFORMATIONRELATING TONA-10 TIONALSECURITY.— 11 (1) I N GENERAL.—The Director of National In-12 telligence shall assume responsibility for the handling 13 and disposition of any information related to the na-14 tional security of the United States that is received, 15 considered, or used by the Commission under this sec-16 tion. 17 (2) I NFORMATION PROVIDED BY CONGRESSIONAL 18 INTELLIGENCE COMMITTEES .—Any information re-19 lated to the national security of the United States 20 that is provided to the Commission by a congressional 21 intelligence committee may not be further provided or 22 released without the approval of the chairman of such 23 committee. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 28 •HR 8512 RH (3) ACCESS AFTER TERMINATION OF COMMIS -1 SION.—Notwithstanding any other provision of law, 2 after the termination of the Commission under sub-3 section (m), only the members and designated staff of 4 the appropriate congressional committees, the Direc-5 tor of National Intelligence (and the designees of the 6 Director), and such other officials of the executive 7 branch of the Federal Government as the President 8 may designate shall have access to information re-9 lated to the national security of the United States 10 that is received, considered, or used by the Commis-11 sion. 12 (i) P OSTALSERVICES.—The Commission may use the 13 United States mail in the same manner and under the same 14 conditions as other departments and agencies of the Federal 15 Government. 16 (j) G IFTS.—No member or staff of the Commission 17 may receive a gift or benefit by reason of the service of such 18 member or staff on the Commission. 19 (k) C OMMISSIONPERSONNELMATTER.— 20 (1) C OMPENSATION OF MEMBERS .— 21 (A) N ONGOVERNMENT EMPLOYEES .—Each 22 member of the Commission who is not otherwise 23 employed by the Federal Government shall be 24 compensated at a rate equal to the daily equiva-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 29 •HR 8512 RH lent of the annual rate of basic pay prescribed 1 for level IV of the Executive Schedule under sec-2 tion 5315 of title 5, United States Code, for each 3 day (including travel time) during which the 4 member is engaged in the actual performance of 5 the duties of the Commission. 6 (B) G OVERNMENT EMPLOYEES .—A member 7 of the Commission who is an officer or employee 8 of the Federal Government shall serve without 9 additional pay (or benefits in the nature of com-10 pensation) for service as a member of the Com-11 mission. 12 (2) T RAVEL EXPENSES.—A member of the Com-13 mission shall be allowed travel expenses, including 14 per diem in lieu of subsistence, at rates authorized for 15 employees of agencies under subchapter I of chapter 16 57 of title 5, United States Code, while away from 17 their homes or regular places of business in the per-18 formance of services for the Commission. 19 (3) S TAFF.— 20 (A) A PPOINTMENT AND COMPENSATION OF 21 STAFF.—The Chair and Vice Chair of the Com-22 mission, in accordance with rules agreed upon 23 by the Commission, shall appoint and fix the 24 compensation of a staff director and such other 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 30 •HR 8512 RH personnel as may be necessary to enable the 1 Commission to carry out its duties, without re-2 gard to the provisions of title 5, United States 3 Code, governing appointments in the competitive 4 service, and without regard to the provisions of 5 chapter 51 and subchapter III of chapter 53 of 6 such title relating to classification and General 7 Schedule pay rates, except that no rate of pay 8 fixed under this subsection may exceed the equiv-9 alent of that payable to a person occupying a po-10 sition at level V of the Executive Schedule under 11 section 5316 of such title. 12 (B) S ECURITY CLEARANCES .—All staff of 13 the Commission and all experts and consultants 14 employed by the Commission shall possess a se-15 curity clearance in accordance with applicable 16 provisions of law concerning the handling of 17 classified information. 18 (4) D ETAIL OF GOVERNMENT EMPLOYEES .—A 19 Federal Government employee, with the appropriate 20 security clearance to conduct their duties, may be de-21 tailed to the Commission without reimbursement, and 22 such detail shall be without interruption or loss of 23 civil service status or privilege. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 31 •HR 8512 RH (5) PROCUREMENT OF TEMPORARY AND INTER -1 MITTENT SERVICES.—The Chair and Vice Chair of 2 the Commission may procure temporary and inter-3 mittent services under section 3109(b) of title 5, 4 United States Code, at rates for individuals that do 5 not exceed the daily equivalent of the annual rate of 6 basic pay prescribed for level V of the Executive 7 Schedule under section 5316 of that title. 8 (l) F UNDING.— 9 (1) A UTHORIZATION OF APPROPRIATIONS .— 10 There is authorized to be appropriated funds to the 11 extent and in such amounts as specifically provided 12 in advance in appropriations acts for the purposes 13 detailed in this section. 14 (2) A VAILABILITY IN GENERAL .—Subject to 15 paragraph (1), the Director of National Intelligence 16 shall make available to the Commission such amounts 17 as the Commission may require for purposes of the 18 activities of the Commission under this section. 19 (3) D URATION OF AVAILABILITY .—Amounts 20 made available to the Commission under paragraph 21 (2) shall remain available until expended or upon ter-22 mination under subsection (m), whichever occurs 23 first. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 32 •HR 8512 RH (m) TERMINATION.—The Commission shall terminate 1 90 days after the date on which the Commission submits 2 the final report required under subsection (d)(3), but in no 3 event later than three years after the date of establishment 4 in subsection (a). 5 (n) A PPROPRIATECONGRESSIONALCOMMITTEESDE-6 FINED.—In this section, the term ‘‘appropriate congres-7 sional committees’’ means— 8 (1) the Permanent Select Committee on Intel-9 ligence and the Committee on Armed Services of the 10 House of Representatives; and 11 (2) the Select Committee on Intelligence and the 12 Committee on Armed Services of the Senate. 13 TITLE IV—MATTERS RELATING 14 TO NATIONAL INTELLIGENCE 15 ENTERPRISE 16 Subtitle A—Miscellaneous 17 Authorities and Limitations 18 SEC. 401. CONGRESSIONAL NOTIFICATIONS AND SUM-19 MARIES OF MISCONDUCT REGARDING EM-20 PLOYEES WITHIN THE INTELLIGENCE COM-21 MUNITY. 22 (a) A NNUALREPORTS FORCALENDARYEARS2024, 23 2025, AND2026.—Not later than 60 days after the end of 24 calendar years 2024, 2025, and 2026, the Director of Na-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 33 •HR 8512 RH tional Intelligence shall submit to the congressional intel-1 ligence committees a report on civilian employees in the in-2 telligence community placed on administrative leave pend-3 ing possible adverse personnel action during that calendar 4 year. 5 (b) E LEMENTS.—Each report under subsection (a) 6 shall include, for the calendar year covered by the report, 7 the following: 8 (1) The total number of employees who were 9 placed on administrative leave pending possible ad-10 verse personnel action, disaggregated by intelligence 11 community element and pay grade. 12 (2) The number of employees placed on paid ad-13 ministrative leave pending possible adverse personnel 14 action. 15 (3) The number of employees placed on adminis-16 trative leave pending possible adverse personnel ac-17 tion whose leave has exceeded 365 days, disaggregated 18 by paid and unpaid status. 19 (c) N OTIFICATION OFREFERRAL TODEPARTMENT OF 20 J USTICE.—If a referral is made to the Department of Jus-21 tice from any element of the intelligence community regard-22 ing an allegation of misconduct against a civilian employee 23 of the intelligence community, the head of the element of 24 the intelligence community that employs the covered em-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 34 •HR 8512 RH ployee shall notify the congressional intelligence committees 1 of the referral not later than 10 days after the date on which 2 such referral is made. 3 SEC. 402. IMPROVEMENTS TO URGENT CONCERNS SUB-4 MITTED TO INSPECTORS GENERAL OF THE 5 INTELLIGENCE COMMUNITY. 6 (a) I NSPECTORGENERAL OF THEINTELLIGENCECOM-7 MUNITY.—Section 103H(k)(5) of the National Security Act 8 of 1947 (50 U.S.C. 3033(k)(5)) is amended— 9 (1) in subparagraph (A), by inserting ‘‘in writ-10 ing’’ before ‘‘to the Inspector General’’; 11 (2) in subparagraph (B)— 12 (A) by striking ‘‘Not later than the end of 13 the 14-calendar-day period beginning on the date 14 of receipt from an employee of a complaint or 15 information under subparagraph (A), the’’ and 16 inserting ‘‘(i) The’’; 17 (B) by striking ‘‘whether the complaint or 18 information’’ and inserting ‘‘whether a com-19 plaint or information under subparagraph (A)’’; 20 and 21 (C) by adding at the end the following: 22 ‘‘(ii) The Inspector General shall comply with clause 23 (i) with respect to a complaint or information under sub-24 paragraph (A) not later than the end of the 14-calendar- 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 35 •HR 8512 RH day period beginning on the date on which the employee 1 who reported the complaint or information confirms to the 2 Inspector General that the employee reported the complaint 3 or information to the Inspector General with the intent to 4 report to Congress the complaint or information.’’; and 5 (3) by adding at the end the following: 6 ‘‘(J) In this paragraph, the term ‘employee’ includes 7 a former employee, if the complaint or information reported 8 under subparagraph (A) arises from or relates to the period 9 during which the former employee was an employee.’’. 10 (b) I NSPECTORGENERAL OF THE CENTRALINTEL-11 LIGENCEAGENCY.—Section 17(d)(5) of the Central Intel-12 ligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is 13 amended— 14 (1) in subparagraph (A), by inserting ‘‘in writ-15 ing’’ before ‘‘to the Inspector General’’; 16 (2) in subparagraph (B)(i)— 17 (A) by striking ‘‘Not later than the end of 18 the 14-calendar day period beginning on the date 19 of receipt from an employee of a complaint or 20 information under subparagraph (A), the’’ and 21 inserting ‘‘The’’; and 22 (B) by striking ‘‘whether the complaint or 23 information’’ and inserting ‘‘whether a com-24 plaint or information under subparagraph (A)’’; 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 36 •HR 8512 RH (3) in subparagraph (B)(ii), by striking ‘‘para-1 graph (1)’’ and inserting ‘‘subparagraph (A)’’; 2 (4) in subparagraph (B)— 3 (A) by redesignating clause (ii) as clause 4 (iii); and 5 (B) by inserting after clause (i) the fol-6 lowing: 7 ‘‘(ii) The Inspector General shall comply with clause 8 (i) with respect to a complaint or information under sub-9 paragraph (A) not later than the end of the 14-calendar- 10 day period beginning on the date on which the employee 11 who reported the complaint or information confirms to the 12 Inspector General that the employee reported the complaint 13 or information to the Inspector General with the intent to 14 report to Congress the complaint or information.’’; and 15 (5) by adding at the end the following: 16 ‘‘(I) In this paragraph, the term ‘employee’ 17 includes a former employee or former contractor, 18 if the complaint or information reported under 19 subparagraph (A) arises from or relates to the 20 period during which the former employee or 21 former contractor was an employee or contractor, 22 as the case may be.’’. 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 37 •HR 8512 RH (c) INSPECTORSGENERAL OFOTHERELEMENTS OF 1 THEINTELLIGENCECOMMUNITY.—Section 416 of title 5, 2 United States Code, is amended— 3 (1) in subsection (a), by adding at the end the 4 following: 5 ‘‘(3) E MPLOYEE.—The term ‘employee’ includes 6 a former employee or former contractor, if the com-7 plaint or information reported pursuant to this sec-8 tion arises from or relates to the period during which 9 the former employee or former contractor was an em-10 ployee or contractor, as the case may be.’’; 11 (2) in subsection (b), by inserting ‘‘in writing’’ 12 after ‘‘may report the complaint or information’’ each 13 place it appears; and 14 (3) in subsection (c)— 15 (A) by redesignating paragraph (2) as 16 paragraph (3); 17 (B) in paragraph (1)— 18 (i) by striking ‘‘Not later than the end 19 of the 14-calendar day period beginning on 20 the date of receipt of an employee complaint 21 or information under subsection (b), the’’ 22 and inserting ‘‘The’’; and 23 (ii) by striking ‘‘whether the complaint 24 or information’’ and inserting ‘‘whether a 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 38 •HR 8512 RH complaint or information reported under 1 subsection (b)’’; and 2 (C) by inserting after paragraph (1) the fol-3 lowing: 4 ‘‘(2) D EADLINE FOR COMPLIANCE .—The Inspec-5 tor General shall comply with paragraph (1) with re-6 spect to a complaint or information reported under 7 subsection (b) not later than the end of the 14-cal-8 endar-day period beginning on the date on which the 9 employee who reported the complaint or information 10 confirms to the Inspector General that the employee 11 reported the complaint or information to the Inspec-12 tor General with the intent to report to Congress the 13 complaint or information.’’. 14 SEC. 403. PROTECTION FOR INDIVIDUALS MAKING AUTHOR-15 IZED DISCLOSURES TO INSPECTORS GEN-16 ERAL OF ELEMENTS OF THE INTELLIGENCE 17 COMMUNITY. 18 (a) I NSPECTORGENERAL OF THEINTELLIGENCECOM-19 MUNITY.—Section 103H(g)(3) of the National Security Act 20 of 1947 (50 U.S.C. 3033(g)(3)) is amended— 21 (1) by redesignating subparagraphs (A) and (B) 22 as clauses (i) and (ii), respectively; 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 39 •HR 8512 RH (2) by striking ‘‘The Inspector General is author-1 ized’’ and inserting ‘‘(A) The Inspector General is au-2 thorized’’; and 3 (3) by adding at the end the following: 4 ‘‘(B)(i) An individual may disclose classified informa-5 tion to the Inspector General in accordance with the appli-6 cable security standards and procedures established under 7 section 102A or 803 of this Act, chapter 12 of the Atomic 8 Energy Act of 1954 (42 U.S.C. 2161 et seq.), Executive 9 Order 13526 (50 U.S.C. 3161 note; relating to Classified 10 National Security Information), or any applicable provi-11 sion of law. 12 ‘‘(ii) A disclosure under clause (i) of classified infor-13 mation by an individual without appropriate clearance or 14 authority to access such classified information at the time 15 of the disclosure shall be treated as an authorized disclosure 16 that does not violate a covered provision if the disclosure— 17 ‘‘(I) does not include the access, handling, reten-18 tion, or storage of such classified information; and 19 ‘‘(II) is otherwise made in accordance with the 20 applicable security standards and procedures for such 21 classified information. 22 ‘‘(iii) In this subparagraph, the term ‘covered provi-23 sion’ means— 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 40 •HR 8512 RH ‘‘(I) any otherwise applicable nondisclosure 1 agreement; 2 ‘‘(II) any otherwise applicable regulation or 3 order issued under the authority of chapter 18 of the 4 Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) 5 or Executive Order 13526; 6 ‘‘(III) section 798 of title 18, United States Code; 7 or 8 ‘‘(IV) any other provision of law with respect to 9 the unauthorized disclosure of national security infor-10 mation.’’. 11 (b) I NSPECTORGENERAL OF THE CENTRALINTEL-12 LIGENCEAGENCY.—Section 17(e)(3) of the Central Intel-13 ligence Agency Act of 1949 (50 U.S.C. 3517(e)(3)) is 14 amended— 15 (1) by redesignating subparagraphs (A) and (B) 16 as clauses (i) and (ii), respectively; 17 (2) by striking ‘‘The Inspector General is author-18 ized’’ and inserting ‘‘(A) The Inspector General is au-19 thorized’’; and 20 (3) by adding at the end the following: 21 ‘‘(B)(i) An individual may disclose classified informa-22 tion to the Inspector General in accordance with the appli-23 cable security standards and procedures established under 24 section 102A or 803 of the National Security Act of 1947 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 41 •HR 8512 RH (50 U.S.C. 3024, 3162a), chapter 12 of the Atomic Energy 1 Act of 1954 (42 U.S.C. 2161 et seq.), Executive Order 13526 2 (50 U.S.C. 3161 note; relating to Classified National Secu-3 rity Information), or any applicable provision of law. 4 ‘‘(ii) A disclosure under clause (i) of classified infor-5 mation by an individual without appropriate clearance or 6 authority to access such classified information at the time 7 of the disclosure shall be treated as an authorized disclosure 8 that does not violate a covered provision if the disclosure— 9 ‘‘(I) does not include the access, handling, reten-10 tion, or storage of such classified information; and 11 ‘‘(II) is otherwise made in accordance with the 12 applicable security standards and procedures for such 13 classified information, 14 ‘‘(iii) In this subparagraph, the term ‘covered provi-15 sion’ means— 16 ‘‘(I) any otherwise applicable nondisclosure 17 agreement; 18 ‘‘(II) any otherwise applicable regulation or 19 order issued under the authority of chapter 18 of the 20 Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) 21 or Executive Order 13526; 22 ‘‘(III) section 798 of title 18, United States Code; 23 or 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 42 •HR 8512 RH ‘‘(IV) any other provision of law with respect to 1 the unauthorized disclosure of national security infor-2 mation.’’. 3 (c) O THERINSPECTORSGENERAL OFELEMENTS OF 4 THEINTELLIGENCECOMMUNITY.—Section 416 of title 5, 5 United States Code, is amended by adding at the end the 6 following: 7 ‘‘(i) P ROTECTION FORINDIVIDUALSMAKINGAUTHOR-8 IZEDDISCLOSURES.— 9 ‘‘(1) I N GENERAL.—An individual may disclose 10 classified information to an Inspector General of an 11 element of the intelligence community in accordance 12 with the applicable security standards and procedures 13 established under section 102A or 803 of the National 14 Security Act of 1947 (50 U.S.C. 3024, 3162a), chap-15 ter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 16 2161 et seq.), Executive Order 13526 (50 U.S.C. 3161 17 note; relating to Classified National Security Infor-18 mation), or any applicable provision of law. 19 ‘‘(2) D ISCLOSURE WITHOUT CLEARANCE OR AU -20 THORITY.—A disclosure under paragraph (1) of clas-21 sified information by an individual without appro-22 priate clearance or authority to access such classified 23 information at the time of the disclosure shall be 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 43 •HR 8512 RH treated as an authorized disclosure that does not vio-1 late a covered provision if the disclosure— 2 ‘‘(A) does not include the access, handling, 3 retention, or storage of such classified informa-4 tion; and 5 ‘‘(B) is otherwise made in accordance with 6 the applicable security standards and procedures 7 for such classified information. 8 ‘‘(3) D EFINITION OF COVERED PROVISION .—In 9 this subsection, the term ‘covered provision’ means— 10 ‘‘(A) any otherwise applicable nondisclosure 11 agreement; 12 ‘‘(B) any otherwise applicable regulation or 13 order issued under the authority of chapter 18 of 14 the Atomic Energy Act of 1954 (42 U.S.C. 2271 15 et seq.) or Executive Order 13526; 16 ‘‘(C) section 798 of title 18; or 17 ‘‘(D) any other provision of law with re-18 spect to the unauthorized disclosure of national 19 security information. 20 ‘‘(4) D EFINITION.—In this subsection, the term 21 ‘intelligence community’ has the meaning given such 22 term in section 3 of the National Security Act of 1947 23 (50 U.S.C. 3003).’’. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 44 •HR 8512 RH (d) RULE OFCONSTRUCTION.—Nothing in this sec-1 tion, or the amendments made by this section, may be con-2 strued to limit or modify the obligation of an individual 3 to appropriately store, handle, or disseminate classified in-4 formation in accordance with applicable security guidance 5 and procedures, including with respect to the removal of 6 classified information. 7 SEC. 404. CLARIFICATION OF AUTHORITY OF CERTAIN IN-8 SPECTORS GENERAL TO RECEIVE PRO-9 TECTED DISCLOSURES. 10 Section 1104 of the National Security Act of 1947 (50 11 U.S. 3234) is amended— 12 (1) in subsection (b)(1), by inserting ‘‘or covered 13 intelligence community element’’ after ‘‘the appro-14 priate inspector general of the employing agency’’; 15 and 16 (2) in subsection (c)(1)(A), by inserting ‘‘or cov-17 ered intelligence community element’’ after ‘‘the ap-18 propriate inspector general of the employing or con-19 tracting agency’’. 20 SEC. 405. CODIFICATION OF THE NATIONAL INTELLIGENCE 21 MANAGEMENT COUNCIL. 22 (a) E STABLISHMENT OF NATIONALINTELLIGENCE 23 M ANAGEMENTCOUNCIL.— 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 45 •HR 8512 RH (1) IN GENERAL.—Title I of the National Secu-1 rity Act of 1947 (50 U.S.C. 3021 et seq.) is amended 2 by inserting after section 103L the following (and 3 conforming the table of contents at the beginning of 4 such Act accordingly): 5 ‘‘SEC. 103M. NATIONAL INTELLIGENCE MANAGEMENT 6 COUNCIL. 7 ‘‘(a) E STABLISHMENT.—There is within the Office of 8 the Director of National Intelligence a National Intelligence 9 Management Council. 10 ‘‘(b) C OMPOSITION.— 11 ‘‘(1) The National Intelligence Management 12 Council shall be composed of senior officials within 13 the intelligence community and substantive experts 14 from the public or private sector, who shall be ap-15 pointed by, report to, and serve at the pleasure of, the 16 Director of National Intelligence. 17 ‘‘(2) The Director shall prescribe appropriate se-18 curity requirements for personnel appointed from the 19 private sector as a condition of service on the Na-20 tional Intelligence Management Council, or as con-21 tractors of the Council or employees of such contrac-22 tors, to ensure the protection of intelligence sources 23 and methods while avoiding, wherever possible, un-24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 46 •HR 8512 RH duly intrusive requirements which the Director con-1 siders to be unnecessary for this purpose. 2 ‘‘(c) D UTIES ANDRESPONSIBILITIES.—Members of the 3 National Intelligence Management Council shall work with 4 each other and with other elements of the intelligence com-5 munity to ensure proper coordination and to minimize du-6 plication of effort, in addition to the following duties and 7 responsibilities: 8 ‘‘(1) Provide integrated mission input to support 9 the processes and activities of the intelligence commu-10 nity, including with respect to intelligence planning, 11 programming, budgeting, and evaluation processes. 12 ‘‘(2) Identify and pursue opportunities to inte-13 grate or coordinate collection and counterintelligence 14 efforts. 15 ‘‘(3) In concert with the responsibilities of the 16 National Intelligence Council, ensure the integration 17 and coordination of analytic and collection efforts. 18 ‘‘(4) Develop and coordinate intelligence strate-19 gies in support of budget planning and programming 20 activities. 21 ‘‘(5) Advise the Director of National Intelligence 22 on the development of the National Intelligence Prior-23 ities Framework of the Office of the Director of Na-24 tional Intelligence (or any successor mechanism estab-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 47 •HR 8512 RH lished for the prioritization of programs and activi-1 ties). 2 ‘‘(6) In concert with the responsibilities of the 3 National Intelligence Council, support the role of the 4 Director of National Intelligence as principal advisor 5 to the President on intelligence matters. 6 ‘‘(7) Inform the elements of the intelligence com-7 munity of the activities and decisions related to mis-8 sions assigned to the National Intelligence Manage-9 ment Council. 10 ‘‘(8) Maintain awareness, across various func-11 tions and disciplines, of the mission-related activities 12 and budget planning of the intelligence community. 13 ‘‘(9) Evaluate, with respect to assigned mission 14 objectives, requirements, and unmet requirements, the 15 implementation of the budget of each element of the 16 intelligence community. 17 ‘‘(10) Provide oversight on behalf of, and make 18 recommendations to, the Director of National Intel-19 ligence on the extent to which the activities, program 20 recommendations, and budget proposals made by ele-21 ments of the intelligence community sufficiently ad-22 dress mission objectives, intelligence gaps, and unmet 23 requirements. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 48 •HR 8512 RH ‘‘(d) MISSIONMANAGEMENT OFMEMBERS.—Members 1 of the National Intelligence Management Council, under the 2 direction of the Director of National Intelligence, shall serve 3 as mission managers to ensure integration among the ele-4 ments of the intelligence community and across intelligence 5 functions, disciplines, and activities for the purpose of 6 achieving unity of effort and effect, including through the 7 following responsibilities: 8 ‘‘(1) Planning and programming efforts. 9 ‘‘(2) Budget and program execution oversight. 10 ‘‘(3) Engagement with elements of the intel-11 ligence community and with policymakers in other 12 agencies. 13 ‘‘(4) Workforce competencies and training activi-14 ties. 15 ‘‘(5) Development of capability requirements. 16 ‘‘(6) Development of governance fora, policies, 17 and procedures. 18 ‘‘(e) S TAFF; AVAILABILITY.— 19 ‘‘(1) S TAFF.—The Director of National Intel-20 ligence shall make available to the National Intel-21 ligence Management Council such staff as may be nec-22 essary to assist the National Intelligence Management 23 Council in carrying out the responsibilities described 24 in this section. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 49 •HR 8512 RH ‘‘(2) AVAILABILITY.—Under the direction of the 1 Director of National Intelligence, the National Intel-2 ligence Management Council shall make reasonable ef-3 forts to advise and consult with officers and employ-4 ees of other departments or agencies, or components 5 thereof, of the United States Government not other-6 wise associated with the intelligence community. 7 ‘‘(f) S UPPORTFROMELEMENTS OF THE INTEL-8 LIGENCECOMMUNITY.—The heads of the elements of the in-9 telligence community shall provide appropriate support to 10 the National Intelligence Management Council, including 11 with respect to intelligence activities, as required by the Di-12 rector of National Intelligence.’’. 13 (2) O FFICE OF THE DIRECTOR OF NATIONAL IN -14 TELLIGENCE.—Section 103(c) of such Act (50 U.S.C. 15 3025) is amended— 16 (A) by redesignating paragraphs (5) 17 through (14) as paragraphs (6) through (15), re-18 spectively; and 19 (B) by inserting after paragraph (4) the fol-20 lowing: 21 ‘‘(5) The National Intelligence Management 22 Council.’’. 23 (b) S ENSE OFCONGRESSWITHRESPECT TOCHINA 24 M ISSION.—It is the sense of Congress that the Director of 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 50 •HR 8512 RH National Intelligence should create a role in the National 1 Intelligence Management Council for a National Intel-2 ligence Manager dedicated to the People’s Republic of 3 China. 4 (c) R EPORT TOCONGRESS ONSTRATEGICCOMPETI-5 TION.— 6 (1) R EPORT.—Not later than 180 days after the 7 date of the enactment of this Act, the Director of Na-8 tional Intelligence, in consultation with the heads of 9 elements of the intelligence community determined 10 relevant by the Director, shall submit to the congres-11 sional intelligence committees a report on strategic 12 competition. 13 (2) M ATTERS.—The report under subsection (a) 14 shall include the following: 15 (A) Lessons learned by the intelligence com-16 munity with respect to strategic competition 17 from the reorganizations implemented consequent 18 to— 19 (i) the Intelligence Reform and Ter-20 rorist Prevention Act; 21 (ii) the creation of the National 22 Counterterrorism Center; and 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 51 •HR 8512 RH (iii) any other reorganization effort 1 within or among elements of the intelligence 2 community. 3 (B) Examination of the potential effects of 4 a new national intelligence center established 5 to— 6 (i) integrate all-source intelligence 7 analysis efforts with respect to the activi-8 ties, plans, and intentions of strategic ad-9 versaries; 10 (ii) synchronize collection efforts 11 among the intelligence community; 12 (iii) optimize resource investments in 13 the intelligence community in support of 14 strategic competition; 15 (iv) identify options for the President, 16 other departments and agencies of the 17 United States Government, and allies and 18 foreign partners of the United States to sup-19 port the standing of the United States with 20 respect to strategic competition; and 21 (v) integrate other national intelligence 22 centers to deter the efforts of strategic adver-23 saries targeting the United States. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 52 •HR 8512 RH (3) FORM.—The report under subsection (a) 1 shall be submitted in unclassified form, but may in-2 clude a classified appendix. 3 (d) S ENSE OFCONGRESSWITHRESPECT TOCOUN-4 TERNARCOTICSMISSION.—It is the sense of Congress that, 5 consistent with section 7325 of the Intelligence Authoriza-6 tion Act for Fiscal Year 2024 (137 Stat. 1043), the Director 7 of National Intelligence should create a role in the National 8 Intelligence Management Council for a National Intel-9 ligence Manager dedicated to the counternarcotics mission 10 of the United States. 11 SEC. 406. ANALYSES AND IMPACT STATEMENTS REGARDING 12 PROPOSED INVESTMENT INTO THE UNITED 13 STATES. 14 Section 102A(z) of the National Security Act of 1947 15 (50 U.S.C. 3024(z)) is amended— 16 (1) in paragraph (2)(A) by inserting ‘‘, includ-17 ing with respect to counterintelligence’’ before the 18 semicolon; and 19 (2) by adding at the end the following: 20 ‘‘(3) D EFINITIONS.—In this subsection: 21 ‘‘(A) The term ‘a review or an investigation of 22 any proposed investment into the United States for 23 which the Director has prepared analytic materials’ 24 includes a review, investigation, assessment, or anal-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 53 •HR 8512 RH ysis conducted by the Director pursuant to section 7 1 or 10(g) of Executive Order 13913 (85 Fed. Reg. 2 19643; relating to Establishing the Committee for the 3 Assessment of Foreign Participation in the United 4 States Telecommunications Services Sector), or suc-5 cessor order. 6 ‘‘(B) The term ‘investment’ includes any activity 7 reviewed, investigated, assessed, or analyzed by the 8 Director pursuant to section 7 or 10(g) of Executive 9 Order 13913, or successor order.’’. 10 SEC. 407. RESPONSIBILITIES AND AUTHORITIES OF THE DI-11 RECTOR OF NATIONAL INTELLIGENCE. 12 Section 102A(f)(10) of the National Security Act of 13 1947 (50 U.S.C. 3024(f)(10)) is amended by striking the 14 period and inserting ‘‘, and upon receiving any such direc-15 tion, the Director shall notify the congressional intelligence 16 committees immediately in writing with a description of 17 such other intelligence-related functions directed by the 18 President.’’. 19 SEC. 408. ENABLING INTELLIGENCE COMMUNITY INTEGRA-20 TION. 21 Title I of the National Security Act of 1947 (50 U.S.C. 22 3021 et seq.) is amended by inserting after section 113B 23 the following new section (and conforming the table of con-24 tents at the beginning of such Act accordingly): 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 54 •HR 8512 RH ‘‘SEC. 113C. NON-REIMBURSABLE TRANSFER OF GOODS AND 1 SERVICES WITHIN INTELLIGENCE COMMU-2 NITY IN CERTAIN CASES. 3 ‘‘(a) I NGENERAL.— 4 ‘‘(1) A UTHORITY.—Notwithstanding any other 5 provision of law, an element of the intelligence com-6 munity may, subject to such guidance or regulations 7 as may be developed by the Director of National Intel-8 ligence, provide goods or services to another element 9 of the intelligence community without reimbursement 10 or transfer of funds for such goods or services for the 11 purposes of remote work and hoteling initiatives for 12 intelligence community employees and affiliates. 13 ‘‘(2) P RIOR APPROVAL REQUIREMENT .—A trans-14 fer of goods or services under paragraph (1) may not 15 occur without the prior approval of the heads of both 16 the providing and receiving elements of the intel-17 ligence community. 18 ‘‘(b) H OTELINGDEFINED.—In this section, the term 19 ‘hoteling’ means an alternative work arrangement in which 20 employees of one element of the intelligence community are 21 authorized flexible work arrangements to work part of the 22 time at one or more alternative worksite locations, as ap-23 propriately authorized.’’. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 55 •HR 8512 RH SEC. 409. PROTECTION OF INTELLIGENCE SOURCES AND 1 METHODS. 2 Section 102A(i) of the National Security Act of 1947 3 (50 U.S.C. 3024(i)) is amended— 4 (1) by redesignating paragraphs (3) and (4) as 5 paragraphs (4) and (5), respectively; 6 (2) by inserting after paragraph (2) the fol-7 lowing new paragraph: 8 ‘‘(3)(A) The Director, or the Principal Deputy Direc-9 tor acting on behalf of the Director, shall be responsible for 10 the creation, modification, deconfliction, and oversight of 11 special access programs (referred to as controlled access pro-12 grams) pertaining to intelligence sources, methods, and in-13 telligence activities (but not including military operational, 14 strategic, and tactical programs). 15 ‘‘(B) In carrying out the responsibility under subpara-16 graph (A), the Director shall— 17 ‘‘(i) ensure controlled access programs of the in-18 telligence community conform with the requirements 19 identified within Executive Order 13526 (50 U.S.C. 20 3161 note; relating to classified national security in-21 formation), or any successor order; 22 ‘‘(ii) establish controlled access program min-23 imum security requirements and guidance for the im-24 plementation of such requirements, to include general 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 56 •HR 8512 RH procedures, personnel security, physical security, and 1 control marking requirements; 2 ‘‘(iii) ensure access to controlled access programs 3 is based on a documented need-to-know; 4 ‘‘(iv) require controlled access programs to iden-5 tify and periodically review Critical Program Infor-6 mation and to develop and periodically review a Pro-7 gram Protection Plan for each controlled access pro-8 gram; 9 ‘‘(v) require periodic reviews of and, as appro-10 priate, closure of controlled access programs; and 11 ‘‘(vi) coordinate with other agencies to deconflict 12 special access programs.’’. 13 SEC. 410. DEPARTMENT OF HOMELAND SECURITY INTEL-14 LIGENCE SUPPORT FOR STATE GOVERNORS. 15 (a) I NGENERAL.—Not less frequently than once per 16 year, the Secretary of Homeland Security, acting through 17 the Under Secretary of Homeland Security for Intelligence 18 and Analysis, shall ensure that an officer of the Field Intel-19 ligence Directorate of the Office of Intelligence and Analysis 20 of the Department of Homeland Security located in each 21 State shall engage proactively with senior officials for each 22 State, such as the chief executive or Homeland Security Ad-23 visor of such State, with respect to matters concerning 24 homeland security or national security, consistent with any 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 57 •HR 8512 RH guidance provided by the Under Secretary of Homeland Se-1 curity for Intelligence and Analysis. 2 (b) R EQUIREMENT INCERTAINTERRITORIES OF THE 3 U NITEDSTATES.—In the case of a territory which does not 4 have a permanent Field Intelligence Directorate officer lo-5 cated in such territory, the headquarters element of the 6 Field Intelligence Directorate shall designate a Field Intel-7 ligence Directorate officer who is responsible for carrying 8 out the requirement under subsection (a) with respect to 9 such territory. 10 (c) S TATEDEFINED.—For purposes of this section, the 11 term ‘‘State’’ means a State of the United States, the Dis-12 trict of Columbia, Puerto Rico, American Samoa, Guam, 13 the United States Virgin Islands, and the Commonwealth 14 of the Northern Mariana Islands. 15 SEC. 411. AUTHORIZATION RELATING TO CERTAIN INTEL-16 LIGENCE AND COUNTERINTELLIGENCE AC-17 TIVITIES OF COAST GUARD. 18 The Commandant of the Coast Guard may use up to 19 1 percent of the amounts made available under the National 20 Intelligence Program (as such term is defined in section 3 21 of the National Security Act of 1947 (50 U.S.C. 3003)) for 22 each fiscal year for the intelligence and counterintelligence 23 activities of the Coast Guard for objects of a confidential, 24 extraordinary, or emergency nature, which may be ac-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 58 •HR 8512 RH counted for solely on the certification of the Commandant 1 and each such certification shall be deemed a sufficient 2 voucher for the amount therein certified. 3 SEC. 412. REQUIREMENTS WITH RESPECT TO ACCESS OF 4 FOREIGN NATIONALS TO DEPARTMENT OF 5 ENERGY NATIONAL LABORATORIES. 6 (a) I NGENERAL.—The Secretary of Energy shall des-7 ignate Senior Executive employees of the United States 8 Government employed by the Department of Energy to have 9 final approval authority with respect to authorizing the ac-10 cess of a foreign national into a National Laboratory in 11 the event that an assessment of the Director of the Office 12 of Intelligence and Counterintelligence of the Department 13 of Energy identifies potential significant risks that are not 14 agreed to by the Director of the relevant National Labora-15 tory. 16 (b) B RIEFING.—Not later than 90 days after the date 17 of the enactment of this Act, the Director of the Office of 18 Intelligence and Counterintelligence of the Department of 19 Energy shall provide to the congressional intelligence com-20 mittees a briefing with respect to the progress to enhance 21 the United States Government’s responsibility for the De-22 partment of Energy’s approval processes with regard to au-23 thorizing the access of foreign nationals into National Lab-24 oratories, including with respect to requiring that such deci-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 59 •HR 8512 RH sions are the primary responsibility of United States Gov-1 ernment leadership, as opposed to the Directors of the Na-2 tional Laboratories, and a plan for implementation of such 3 enhancement. 4 (c) N ATIONALLABORATORYDEFINED.—In this sec-5 tion, the term ‘‘National Laboratory’’ has the meaning 6 given that term in section 2 of the Energy Policy Act of 7 2005 (42 U.S.C. 15801). 8 SEC. 413. FORMALIZED COUNTERINTELLIGENCE TRAINING 9 FOR DEPARTMENT OF ENERGY PERSONNEL. 10 (a) T RAINING.—Section 215(d) of the Department of 11 Energy Organization Act (42 U.S.C. 7144b) is amended by 12 adding at the end the following: 13 ‘‘(3) The Director shall develop and implement— 14 ‘‘(A) a delineated and standardized training 15 plan with respect to counterintelligence to train all 16 personnel in the Department; and 17 ‘‘(B) a separate delineated and standardized 18 training plan with respect to counterintelligence to 19 train officers in the Office who have counterintel-20 ligence responsibilities.’’. 21 (b) R EPORTINGREQUIREMENT.—Not later than 90 22 days after the date of the enactment of this Act, the Director 23 of the Office of Intelligence and Counterintelligence of the 24 Department of Energy shall provide to the congressional in-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 60 •HR 8512 RH telligence committees a briefing on the plans developed 1 under section 215(d)(3) of the Department of Energy Orga-2 nization Act (as amended by subsection (a)), including with 3 respect to— 4 (1) the training content; 5 (2) periodicity; 6 (3) fulfillment rate; 7 (4) internal controls; and 8 (5) oversight. 9 SEC. 414. FEDERAL BUREAU OF INVESTIGATION PROACTIVE 10 CYBER SUPPORT. 11 (a) I NGENERAL.—Not later than 90 days after the 12 date of the enactment of this Act, the Director of the Federal 13 Bureau of Investigation shall develop and make available 14 an unclassified interface for use by owners and operators 15 of United States critical infrastructure to connect with the 16 Federal Bureau of Investigation to request cyber-related 17 support. 18 (b) A VAILABILITY TOCONGRESSIONALOFFICES.—The 19 interface described in subsection (a) shall be available to 20 congressional offices for purposes of facilitating connection 21 with the Federal Bureau of Investigation. 22 (c) I NTERFACEREQUIREMENTS.—The interface de-23 scribed in subsection (a) shall include information with re-24 spect to the following: 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 61 •HR 8512 RH (1) Best practices for cyber hygiene, specifically 1 geared towards owners and operators of critical infra-2 structure. 3 (2) Tailored information that is relevant based 4 on the threats to specific sectors of critical infrastruc-5 ture. 6 (3) Suggestions for actions owners and operators 7 of critical infrastructure are recommended to take in 8 response to a cyber incident. 9 (4) Information on the best ways to liaise with 10 the Federal Bureau of Investigation for cyber-related 11 issues. 12 (d) C RITICALINFRASTRUCTURE DEFINED.—The term 13 ‘‘critical infrastructure’’ has the meaning given that term 14 in the Critical Infrastructures Protection Act of 2001 (42 15 U.S.C. 5195c). 16 SEC. 415. REQUIREMENTS RELATING TO CONFIDENTIAL 17 HUMAN SOURCE PROGRAM OF FEDERAL BU-18 REAU OF INVESTIGATION. 19 (a) O PERATIONALREQUIREMENTS FORCONFIDENTIAL 20 H UMANSOURCEPROGRAM.— 21 (1) I N GENERAL.—No agent of the Federal Bu-22 reau of Investigation may open an individual as a 23 confidential human source before the Special Agent in 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 62 •HR 8512 RH Charge of the relevant Federal Bureau of Investiga-1 tion field office has verified the individual’s identity. 2 (2) P ROHIBITION WITH RESPECT TO FBI HEAD -3 QUARTERS.—No Special Agent of the Federal Bureau 4 of Investigation whose principal place of duty is at 5 the Federal Bureau of Investigation Headquarters 6 may open an individual as a confidential human 7 source. 8 (3) A DDITIONAL VETTING IN CERTAIN CASES .— 9 With respect to a potential or actual confidential 10 human source who is identified as a potential coun-11 terintelligence concern or is the subject of an inves-12 tigation for any criminal or counterintelligence pur-13 poses, a Federal Bureau of Investigation Head-14 quarters agent shall conduct a validation assessment 15 and report for such source in addition to such source 16 validation requirements as are in effect pursuant to 17 policies and procedures governing the confidential 18 human source program of the Federal Bureau of In-19 vestigation. 20 (4) U NAUTHORIZED ILLEGAL ACTIVITY OF CON -21 FIDENTIAL HUMAN SOURCE .—If the handling agent 22 with respect to a confidential human source has rea-23 sonable grounds to believe that a confidential human 24 source has engaged in any unauthorized illegal activ-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 63 •HR 8512 RH ity, including any misdemeanor or felony criminal 1 activity— 2 (A) the agent shall promptly notify a con-3 fidential human source coordinator or the as-4 signed Federal prosecutor; 5 (B) a record of such event shall be recorded 6 in the source’s case file; and 7 (C) the confidential human source will be 8 subject to immediate source validation proce-9 dures. 10 (5) P ROHIBITION ON COMMITMENTS OF IMMU -11 NITY IN CIVIL PROCEEDINGS .—The Director of the 12 Federal Bureau of Investigation may not intervene in 13 any way to impact the outcome of any proceeding re-14 lating to a civil action or administrative hearing to 15 which a confidential human source managed by the 16 Federal Bureau of Investigation is a party. 17 (6) P ROHIBITION WITH RESPECT TO MEMBERS 18 OF CONGRESS.—No agent of the Federal Bureau of 19 Investigation may open an individual as a confiden-20 tial human source if such individual is a current 21 Member of Congress (including a Delegate or Resident 22 Commissioner to the Congress) or a candidate in an 23 election for Federal office. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 64 •HR 8512 RH (7) EFFECTIVE DATE.—The requirements of this 1 subsection shall take effect not later than 180 days 2 after the date of the enactment of this Act with respect 3 to any confidential human source under the confiden-4 tial human source program of the Federal Bureau of 5 Investigation. 6 (b) A NNUALVALIDATIONREVIEWREQUIREMENT 7 W ITHRESPECT TOFIELDOFFICES.— 8 (1) I N GENERAL.—Each Special Agent in Charge 9 of a Federal Bureau of Investigation field office shall 10 conduct an annual review of each confidential human 11 source who is being managed out of such field office. 12 (2) N OTIFICATION REQUIREMENT .—At the con-13 clusion of each annual review conducted under para-14 graph (1), the Director of the Federal Bureau of In-15 vestigation shall, on an annual basis, submit to the 16 appropriate congressional committees a report with 17 respect to— 18 (A) the number of active confidential 19 human sources managed by the Federal Bureau 20 of Investigation; 21 (B) the number of investigations opened as 22 the result of annual reviews of confidential 23 human sources; 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 65 •HR 8512 RH (C) the number of confidential human 1 sources whose relationship with the Federal Bu-2 reau of Investigation has been terminated in the 3 last year as a result of an investigation opened 4 as a result of an annual review; and 5 (D) the amount of funds expended on con-6 fidential human sources in the last fiscal year, 7 including a delineation of funds expended from 8 both National Intelligence Program and non-Na-9 tional Intelligence Program funds. 10 (c) O VERSIGHT.—Beginning not later than 180 days 11 after the date of the enactment of this Act, the Director of 12 the Federal Bureau of Investigation shall develop and im-13 plement an oversight mechanism within the Bureau for ac-14 tivities with respect to any confidential human source 15 under the confidential human source program of the Fed-16 eral Bureau of Investigation the management of which is 17 funded through the National Intelligence Program. 18 (d) D EFINITIONS.—In this section: 19 (1) A PPROPRIATE CONGRESSIONAL COMMIT -20 TEES.—The term ‘‘appropriate congressional commit-21 tees’’ means— 22 (A) the congressional intelligence commit-23 tees; and 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 66 •HR 8512 RH (B) the Committees on the Judiciary of the 1 House of Representatives and of the Senate. 2 (2) C ONGRESSIONAL LEADERSHIP .—The term 3 ‘‘congressional leadership’’ means— 4 (A) the Speaker of the House of Representa-5 tives; 6 (B) the minority leader of the House of 7 Representatives; 8 (C) the majority leader of the Senate; 9 (D) the minority leader of the Senate; 10 (E) the Chair and Ranking Member of the 11 Permanent Select Committee on Intelligence of 12 the House of Representatives; and 13 (F) the Chair and Vice Chair of the Select 14 Committee on Intelligence of the Senate. 15 (3) N ATIONAL INTELLIGENCE PROGRAM .—The 16 term ‘‘National Intelligence Program’’ has the mean-17 ing given such term in section 3 of the National Secu-18 rity Act of 1947 (50 U.S.C. 3003). 19 SEC. 416. CONGRESSIONAL NOTICE OF FBI COUNTERINTEL-20 LIGENCE INVESTIGATIONS INTO INDIVID-21 UALS WHO HOLD OR ARE CANDIDATES FOR 22 FEDERAL ELECTED OFFICE. 23 Title V of the National Security Act of 1947 (50 U.S.C. 24 3091 et seq.) is amended by adding at the end the following 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 67 •HR 8512 RH new section (and conforming the table of contents at the 1 beginning of such Act accordingly): 2 ‘‘SEC. 517. NOTIFICATION REQUIREMENT WITH RESPECT TO 3 FEDERAL BUREAU OF INVESTIGATION COUN-4 TERINTELLIGENCE INVESTIGATIONS RE-5 GARDING INDIVIDUALS WHO HOLD OR ARE 6 CANDIDATES FOR FEDERAL ELECTED OFFICE. 7 ‘‘(a) I NGENERAL.—Notwithstanding section 533 of 8 title 28, United States Code, the delegation of the authori-9 ties of the Attorney General, or any other delegation of au-10 thority, direction, or policy of the executive branch, the Di-11 rector of the Federal Bureau of Investigation shall notify 12 congressional leadership not later than 5 days after the 13 commencement of a counterintelligence investigation into 14 an individual who holds an elected Federal office or an in-15 dividual who is a candidate in an election for Federal of-16 fice. 17 ‘‘(b) C ONTENTS.—A notification under subsection (a) 18 shall include, to the extent consistent with the need to pro-19 tect the integrity of ongoing counterintelligence investiga-20 tions or other exceptionally sensitive national security or 21 law enforcement matters, a summary of the relevant facts 22 associated with the counterintelligence investigation and the 23 identity of the person subject to such investigation. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 68 •HR 8512 RH ‘‘(c) CONGRESSIONALLEADERSHIPDEFINED.—In this 1 section, the term ‘congressional leadership’ means— 2 ‘‘(1) the majority leader of the Senate; 3 ‘‘(2) the minority leader of the Senate; 4 ‘‘(3) the Chair and Vice Chair of the Select Com-5 mittee on Intelligence of the Senate; 6 ‘‘(4) the Speaker of the House of Representatives; 7 ‘‘(5) the minority leader of the House of Rep-8 resentatives; and 9 ‘‘(6) the Chair and Ranking Member of the Per-10 manent Select Committee on Intelligence of the House 11 of Representatives.’’. 12 SEC. 417. INTELLIGENCE COMMUNITY COUNTERINTEL-13 LIGENCE OFFICE AT THE DEPARTMENT OF 14 TRANSPORTATION. 15 (a) D EFINITIONS.—In this section: 16 (1) A PPROPRIATE CONGRESSIONAL COMMIT -17 TEES.—The term ‘‘appropriate congressional commit-18 tees’’ means— 19 (A) the Permanent Select Committee on In-20 telligence, the Committee on Appropriations, and 21 the Committee on Transportation and Infra-22 structure of the House of Representatives; and 23 (B) the Select Committee on Intelligence, 24 the Committee on Appropriations, and the Com-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 69 •HR 8512 RH mittee on Commerce, Science, and Transpor-1 tation of the Senate. 2 (2) D EPARTMENT.—The term ‘‘Department’’ 3 means the Department of Transportation. 4 (3) S ECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Transportation. 6 (b) E STABLISHMENT OF INTELLIGENCECOMMUNITY 7 C OUNTERINTELLIGENCE OFFICE.— 8 (1) A GREEMENT WITH SECRETARY OF TRANS -9 PORTATION.—The Director of National Intelligence, 10 acting through the Director of the National Counter-11 intelligence and Security Center, shall seek to enter 12 into an agreement with the Secretary under which the 13 Director of National Intelligence and the Secretary 14 shall establish within the Department an office, which 15 shall be known as the ‘‘Intelligence Community Coun-16 terintelligence Office’’, in accordance with this sec-17 tion. 18 (2) L OCATION.—The Intelligence Community 19 Counterintelligence Office established pursuant to this 20 section shall be physically located within the head-21 quarters of the Department and within reasonable 22 proximity to the offices of the leadership of the De-23 partment. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 70 •HR 8512 RH (3) SECURITY.—The Director of the National 1 Counterintelligence and Security Center shall be re-2 sponsible for the protection of classified information 3 and for the establishment and enforcement of all secu-4 rity-related controls within the Intelligence Commu-5 nity Counterintelligence Office. 6 (c) P ERSONNEL.— 7 (1) D IRECTOR.— 8 (A) A PPOINTMENT.—There shall be at the 9 head of the Intelligence Community Counter-10 intelligence Office a Director who is appointed 11 by the Director of National Intelligence. The Di-12 rector of the Intelligence Community Counter-13 intelligence Office shall— 14 (i) be supervised and subject to per-15 formance evaluations by the Director of the 16 National Counterintelligence and Security 17 Center, in consultation with the Secretary; 18 (ii) be an employee of the intelligence 19 community with significant counterintel-20 ligence experience; and 21 (iii) serve for a period of 3 years. 22 (B) R ESPONSIBILITIES.—The Director of 23 the Intelligence Community Counterintelligence 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 71 •HR 8512 RH Office shall carry out the following responsibil-1 ities: 2 (i) Serving as the head of the Intel-3 ligence Community Counterintelligence Of-4 fice, with supervisory responsibility for the 5 Intelligence Community Counterintelligence 6 Office and any other personnel assigned to 7 the Intelligence Community Counterintel-8 ligence Office. 9 (ii) Advising the Secretary on counter-10 intelligence and intelligence information. 11 (iii) Ensuring that counterintelligence 12 threat information and, as appropriate, fin-13 ished intelligence on topics related to the 14 functions of the Department, are provided 15 to appropriate personnel of the department 16 or agency without delay. 17 (iv) Ensuring critical intelligence rel-18 evant to the Secretary is requested and dis-19 seminated in a timely manner. 20 (v) Establishing, as appropriate, mech-21 anisms for collaboration through which De-22 partment subject matter experts, including 23 those without security clearances, can share 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 72 •HR 8512 RH information and expertise with the intel-1 ligence community. 2 (vi) Correlating and evaluating coun-3 terintelligence threats identified within in-4 telligence community reporting, in coordi-5 nation with the National Counterintel-6 ligence and Security Center, and providing 7 appropriate dissemination of such intel-8 ligence to officials of the Department with a 9 need-to-know. 10 (vii) Advising the Secretary on meth-11 ods to improve the counterintelligence pos-12 ture of the Department. 13 (viii) Where appropriate, supporting 14 the Department’s leadership in engaging 15 with the National Security Council. 16 (ix) In coordination with the National 17 Counterintelligence and Security Center, es-18 tablishing counterintelligence partnerships 19 to improve the counterintelligence defense of 20 the Department. 21 (2) D EPUTY DIRECTOR.—There shall be within 22 the Intelligence Community Counterintelligence Office 23 a Deputy Director who is appointed by the Secretary, 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 73 •HR 8512 RH in coordination with the Director of National Intel-1 ligence. The Deputy Director shall— 2 (A) be supervised and subject to perform-3 ance evaluations by the Secretary, in consulta-4 tion with the Director of the National Counter-5 intelligence and Security Center; 6 (B) be a current or former employee of the 7 Department with significant experience within 8 the Department; and 9 (C) serve at the pleasure of the Secretary. 10 (3) O THER EMPLOYEES.— 11 (A) J OINT DUTY ASSIGNMENT.—There shall 12 be within the Intelligence Community Counter-13 intelligence Office such other employees as the 14 Director of National Intelligence, in consultation 15 with the Secretary, determines appropriate. Em-16 ployment at the Intelligence Community Coun-17 terintelligence Office is an intelligence commu-18 nity joint duty assignment. A permanent change 19 of station to the Intelligence Community Coun-20 terintelligence Office shall be for a period of not 21 less than 2 years. 22 (B) S UPERVISION.—The Director of the In-23 telligence Community Counterintelligence Office 24 shall be responsible for the supervision and man-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 74 •HR 8512 RH agement of employees assigned to the Intelligence 1 Community Counterintelligence Office, including 2 employees assigned by program elements of the 3 intelligence community and other Federal de-4 partments and agencies, as appropriate. 5 (C) J OINT DUTY OR ASSIGNED PERSONNEL 6 REIMBURSEMENT.—The Director of National In-7 telligence shall reimburse a program element of 8 the intelligence community or a Federal depart-9 ment or agency for any permanent change of sta-10 tion employee assigned to the Intelligence Com-11 munity Counterintelligence Office from amounts 12 authorized to be appropriated for the Office of 13 the Director of National Intelligence. 14 (D) O PERATION UNDER AUTHORITY OF DI -15 RECTOR OF NATIONAL INTELLIGENCE .—Employ-16 ees assigned to the Intelligence Community 17 Counterintelligence Office under this paragraph 18 shall operate under the authorities of the Direc-19 tor of National Intelligence for the duration of 20 their assignment or period of employment within 21 the Intelligence Community Counterintelligence 22 Office, except for temporary duty assignment em-23 ployees. 24 (E) I NCENTIVE PAY.— 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 75 •HR 8512 RH (i) IN GENERAL.—An employee who 1 accepts employment at the Intelligence Com-2 munity Counterintelligence Office during 3 the 120-day period after the date of the es-4 tablishment of the Intelligence Community 5 Counterintelligence Office shall receive an 6 incentive payment, which shall be payable 7 by the Director of National Intelligence, in 8 an amount equal to 10 percent of the base 9 annual pay of the employee. Such an em-10 ployee who completes 2 years of service in 11 the Intelligence Community Counterintel-12 ligence Office may receive an incentive pay-13 ment in an amount equal to 10 percent of 14 the base annual pay of the employee if the 15 Director of the Intelligence Community 16 Counterintelligence Office determines the 17 performance of the employee is exceptional. 18 (ii) E LIGIBILITY.—An employee is 19 only eligible for an incentive payment 20 under clause (i) if the employee enters into 21 an agreement with the Director of National 22 Intelligence to serve in the Intelligence Com-23 munity Counterintelligence Office for a pe-24 riod of at least 2 years. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 76 •HR 8512 RH (d) FUNDING.—To the extent and in such amounts as 1 specifically provided in advance in appropriations Acts for 2 the purposes detailed in this subsection, the Director of Na-3 tional Intelligence may expend such sums as are authorized 4 within the National Intelligence Program of the Office of 5 the Director of National Intelligence for— 6 (1) the renovation, furnishing, and equipping of 7 a Federal building, as necessary, to meet the security 8 and operational requirements of the Intelligence Com-9 munity Counterintelligence Office; 10 (2) the provision of connectivity to the Intel-11 ligence Community Counterintelligence Office to en-12 able briefings, secure audio and video communica-13 tions, and collaboration between employees of the De-14 partment and the intelligence community at the un-15 classified, secret, and top secret levels; 16 (3) the provision of other information technology 17 systems and devices, such as computers, printers, and 18 phones, for use by employees of the Intelligence Com-19 munity Counterintelligence Office; 20 (4) the assignment of employees of the intel-21 ligence community to support the operation of the In-22 telligence Community Counterintelligence Office; and 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 77 •HR 8512 RH (5) the provision of other personal services nec-1 essary for the operation of the Intelligence Commu-2 nity Counterintelligence Office. 3 (e) D EADLINE FORESTABLISHMENT OF THE INTEL-4 LIGENCECOMMUNITYCOUNTERINTELLIGENCE OFFICE.— 5 (1) E STABLISHMENT.—Not later than January 6 1, 2026, the Director of National Intelligence shall 7 seek to establish, in accordance with this section, the 8 Intelligence Community Counterintelligence Office 9 within the Department. 10 (2) R EPORT.—Not later than 180 days after the 11 date of the enactment of this Act, the Director of Na-12 tional Intelligence shall submit to the appropriate 13 congressional committees a report on the plan to es-14 tablish the Intelligence Community Counterintel-15 ligence Office required under paragraph (1). Such re-16 port shall include the costs and schedule associated 17 with establishing the Intelligence Community Coun-18 terintelligence Office. 19 SEC. 418. UKRAINE LESSONS LEARNED WORKING GROUP. 20 (a) E STABLISHMENT.—The Director of National Intel-21 ligence and the Secretary of Defense shall jointly establish 22 a working group to identify and share lessons that the 23 United States intelligence community has learned from the 24 Ukraine conflict. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 78 •HR 8512 RH (b) MEMBERSHIP.—The composition of the Working 1 Group may include any officer or employee of a department 2 or agency of the United States Government determined ap-3 propriate by the Director of National Intelligence or the 4 Secretary of Defense. 5 (c) C HAIR.—The Working Group shall be jointly 6 chaired by— 7 (1) an officer or employee of the Department of 8 Defense chosen by the Secretary of Defense; and 9 (2) an officer or employee of an element of the 10 intelligence community chosen by the Director of Na-11 tional Intelligence, in consultation with the head of 12 the element concerned. 13 (d) D UTIES.—The duties of the Working Group shall 14 be the following: 15 (1) Identify tactical and operational lessons de-16 rived from the Ukraine conflict. 17 (2) Develop a repeatable process for promul-18 gating such lessons to elements of the Department of 19 Defense responsible for the development of joint and 20 service-specific doctrine, acquisitions decisions, and 21 capability development. 22 (3) Provide recommendations on intelligence col-23 lection priorities to support the elements of the De-24 partment of Defense identified under paragraph (2). 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 79 •HR 8512 RH (e) MEETINGS.—The Working Group shall meet not 1 later than 60 days after the date of the enactment of this 2 Act, and quarterly thereafter. 3 (f) T ERMINATION.— 4 (1) I N GENERAL.—Subject to paragraph (2), the 5 Working Group shall terminate on the date that is 2 6 years after the date of the enactment of this Act. 7 (2) E XTENSION.—The Director of National Intel-8 ligence and the Secretary of Defense may extend the 9 termination date under paragraph (1) to a date not 10 later than 4 years after the date of the enactment of 11 this Act if the Director of National Intelligence and 12 the Secretary of Defense jointly— 13 (A) determine than an extension is appro-14 priate and agree to such extension; and 15 (B) submit to the appropriate congressional 16 committees a notification of the extension that 17 includes a description of the justification for the 18 extension. 19 (g) B RIEFS TOCONGRESS.—Not later than 270 days 20 after the date of the enactment of this Act, and every 6 21 months thereafter, the Working Group shall submit to the 22 appropriate congressional committees a briefing on the ac-23 tivities of the Working Group. 24 (h) D EFINITIONS.—In this section: 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 80 •HR 8512 RH (1) APPROPRIATE CONGRESSIONAL COMMIT -1 TEES.—The term ‘‘appropriate congressional commit-2 tees’’ means— 3 (A) the congressional intelligence commit-4 tees; and 5 (B) the congressional defense committees. 6 (2) C ONGRESSIONAL DEFENSE COMMITTEES .— 7 The term ‘‘congressional defense committees’’ has the 8 meaning given that term in section 101(a)(16) of title 9 10, United States Code. 10 (3) W ORKING GROUP.—The term ‘‘Working 11 Group’’ means the working group described in sub-12 section (a). 13 SEC. 419. MODIFICATION TO WAIVER FOR POST-SERVICE 14 EMPLOYMENT RESTRICTIONS. 15 (a) I NGENERAL.—Section 304(a)(2) of the National 16 Security Act of 1947 (50 U.S.C. 3073a(a)(2)) is amended— 17 (1) by amending subparagraph (A) to read as 18 follows: 19 ‘‘(A) A UTHORITY TO GRANT WAIVERS .—The 20 applicable head of an intelligence community 21 element may waive a restriction in paragraph 22 (1) with respect to an employee or former em-23 ployee who is subject to that restriction only 24 after— 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 81 •HR 8512 RH ‘‘(i) the employee or former employee 1 submits to the applicable head of the intel-2 ligence community element a written appli-3 cation for such waiver in such form and 4 manner as the applicable head of the intel-5 ligence community element determines ap-6 propriate; and 7 ‘‘(ii) the applicable head of the element 8 of the intelligence community determines 9 that granting such waiver will not harm the 10 national security interests of the United 11 States.’’. 12 (2) in subparagraph (B), by striking ‘‘Director’’ 13 and inserting ‘‘applicable head of the intelligence 14 community element’’; 15 (3) in subparagraph (C), by striking ‘‘Director’’ 16 each place it appears and inserting ‘‘applicable head 17 of the intelligence community element’’; and 18 (4) by amending subparagraph (E) to read as 19 follows: 20 ‘‘(E) R EPORTING TO CONGRESS .—On a 21 quarterly basis, the head of each element of the 22 intelligence community shall submit to the con-23 gressional intelligence committees a written noti-24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 82 •HR 8512 RH fication of each waiver or revocation that shall 1 include the following: 2 ‘‘(i) With respect to a waiver issued to 3 an employee or former employee— 4 ‘‘(I) the covered intelligence posi-5 tion held or formerly held by the em-6 ployee or former employee; and 7 ‘‘(II) a brief description of the 8 covered post-service employment, in-9 cluding the employer and the recipient 10 of the representation, advice, or serv-11 ices. 12 ‘‘(ii) With respect to a revocation of a 13 waiver issued to an employee or former em-14 ployee— 15 ‘‘(I) the details of the waiver, in-16 cluding any renewals of such waiver, 17 and the dates of such waiver and re-18 newals; and 19 ‘‘(II) the specific reasons why the 20 applicable head of the intelligence com-21 munity element determined that such 22 revocation is warranted.’’. 23 (b) W RITTENADVISORYOPINIONSWITHRESPECT TO 24 P OST-SERVICEEMPLOYMENT RESTRICTIONS.—Section 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 83 •HR 8512 RH 304(d) of the National Security Act of 1947 (50 U.S.C. 1 3073a(d)) is amended by adding at the end the following 2 new paragraph: 3 ‘‘(4) W RITTEN ADVISORY OPINIONS .—Upon re-4 quest from a current employee who occupies a covered 5 intelligence position or a former employee who pre-6 viously occupied a covered intelligence position, the 7 applicable head of the element of the intelligence com-8 munity concerned may provide a written advisory 9 opinion to such current or former employee regarding 10 whether a proposed employment, representation, or 11 provision of advice or services constitutes covered 12 post-service employment as defined in subsection 13 (g).’’. 14 (c) C OVEREDPOST-SERVICEEMPLOYMENT.—Section 15 304(g)(2) of the National Security Act of 1947 (50 U.S.C. 16 3073a(g)(2)) is amended by striking ‘‘relating to national 17 security, intelligence, the military, or internal security to, 18 the government of a foreign country or any company, enti-19 ty, or other person whose activities are directly or indirectly 20 supervised, directed, controlled, financed, or subsidized, in 21 whole or in major part, by any government of a foreign 22 country’’ and inserting ‘‘to the government of a foreign 23 country or any company, entity, or other person whose ac-24 tivities are directly or indirectly supervised, directed, con-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 84 •HR 8512 RH trolled, financed, or subsidized, in whole or in major part, 1 by any government of a foreign country if such employ-2 ment, representation, or provision of advice or services re-3 lates to national security, intelligence, the military, or in-4 ternal security’’. 5 (d) C ONFORMINGAMENDMENTS.—Section 304(a)(1) of 6 the National Security Act of 1947 (50 U.S.C. 3073a(a)(1)) 7 is amended— 8 (1) in subparagraph (A), by striking ‘‘paragraph 9 (2)(A)(i)’’ and inserting ‘‘paragraph (2)(A)’’; and 10 (2) in subparagraph (B), by striking ‘‘paragraph 11 (2)(A)(ii)’’ and inserting ‘‘paragraph (2)(A)’’. 12 SEC. 420. PROHIBITION OF FUNDS FOR INTELLIGENCE EX-13 PERTS GROUP. 14 None of the funds authorized to be appropriated or oth-15 erwise made available by this Act to the Office of Intel-16 ligence and Analysis of the Department of Homeland Secu-17 rity may be obligated or expended to support the Intel-18 ligence Experts Group of the Department of Homeland Se-19 curity, or any successor group. 20 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 85 •HR 8512 RH SEC. 421. PROHIBITION ON AVAILABILITY OF FUNDS FOR 1 CERTAIN ACTIVITIES OF THE OVERT HUMAN 2 INTELLIGENCE AND OPEN SOURCE INTEL-3 LIGENCE COLLECTION PROGRAMS OF THE 4 OFFICE OF INTELLIGENCE AND ANALYSIS OF 5 THE DEPARTMENT OF HOMELAND SECURITY. 6 (a) D EFINITIONS.—In this section: 7 (1) C OVERED ACTIVITY.—The term ‘‘covered ac-8 tivity’’ means— 9 (A) with respect to the Overt Human Intel-10 ligence Collection Program, an interview for in-11 telligence collection purposes with any indi-12 vidual, including a United States person, who 13 has been criminally charged, arraigned, or taken 14 into the custody of a Federal, State, or local law 15 enforcement agency, but whose guilt with respect 16 to such criminal matters has not yet been adju-17 dicated, unless the Office of Intelligence and 18 Analysis has obtained the consent of the 19 interviewee following consultation with counsel; 20 (B) with respect to either the Overt Human 21 Intelligence Collection Program or the Open 22 Source Intelligence Collection Program, any col-23 lection targeting journalists in the performance 24 of their journalistic functions; and 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 86 •HR 8512 RH (C) with respect to the Overt Human Intel-1 ligence Collection Program, an interview for in-2 telligence collection purposes with a United 3 States person where the Office of Intelligence and 4 Analysis lacks a reasonable belief based on facts 5 and circumstances that the United States person 6 may possess significant foreign intelligence (as 7 defined in section 3 of the National Security Act 8 of 1947 (50 U.S.C. 3003)). 9 (2) O VERT HUMAN INTELLIGENCE COLLECTION 10 PROGRAM.—The term ‘‘Overt Human Intelligence 11 Collection Program’’ means the program established 12 by the Under Secretary of Homeland Security for In-13 telligence and Analysis pursuant to Policy Instruc-14 tion 907 of the Office of Intelligence and Analysis, 15 issued on June 29, 2016, or any successor program. 16 (3) O PEN SOURCE INTELLIGENCE COLLECTION 17 PROGRAM.—The term ‘‘Open Source Collection Intel-18 ligence Program’’ means the program established by 19 the Under Secretary of Homeland Security for Intel-20 ligence and Analysis for the purpose of collecting in-21 telligence and information for potential production 22 and reporting in the form of Open Source Informa-23 tion Reports as reflected in Policy Instruction 900 of 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 87 •HR 8512 RH the Office of Intelligence and Analysis, issued on Jan-1 uary 13, 2015, or any successor program. 2 (4) U NITED STATES PERSON.—The term ‘‘United 3 States person’’ means— 4 (A) a United States citizen; 5 (B) an alien known by the Office of Intel-6 ligence and Analysis to be a permanent resident 7 alien; 8 (C) an unincorporated association substan-9 tially composed of United States citizens or per-10 manent resident aliens; or 11 (D) a corporation incorporated in the 12 United States, except for a corporation directed 13 and controlled by a foreign government or gov-14 ernments. 15 (5) U NITED STATES PERSON INFORMATION 16 (USPI).—The term ‘‘United States person informa-17 tion’’— 18 (A) means information that is reasonably 19 likely to identify 1 or more specific United 20 States persons; and 21 (B) may be either a single item of informa-22 tion or information that, when combined with 23 other available information, is reasonably likely 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 88 •HR 8512 RH to identify one or more specific United States 1 persons. 2 (b) P ROHIBITION ONAVAILABILITY OFFUNDS FOR 3 C OVEREDACTIVITIES OFOVERTHUMANINTELLIGENCE 4 C OLLECTIONPROGRAM ANDOPENSOURCEINTELLIGENCE 5 C OLLECTIONPROGRAM.—None of the funds authorized to 6 be appropriated by this Act may be made available to the 7 Office of Intelligence and Analysis of the Department of 8 Homeland Security to conduct a covered activity. 9 (c) L IMITATION ONPERSONNEL.—None of the funds 10 authorized to be appropriated by this Act may be used by 11 the Office of Intelligence and Analysis of the Department 12 of Homeland Security to increase, above the staffing level 13 in effect on the day before the date of the enactment of the 14 Intelligence Authorization Act for Fiscal Year 2024 (divi-15 sion G of Public Law 118–31), the number of personnel as-16 signed to the Open Source Intelligence Division who work 17 exclusively or predominantly on domestic terrorism issues. 18 (d) R ULES OFCONSTRUCTION.— 19 (1) E FFECT ON OTHER INTELLIGENCE OVER -20 SIGHT.—Nothing in this section shall be construed as 21 limiting or superseding the authority of any official 22 within the Department of Homeland Security to con-23 duct legal, privacy, civil rights, or civil liberties over-24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 89 •HR 8512 RH sight of the intelligence activities of the Office of Intel-1 ligence and Analysis. 2 (2) S HARING AND RECEIVING INTELLIGENCE IN -3 FORMATION.—Nothing in this section shall be con-4 strued to prohibit, or to limit the authority of, per-5 sonnel of the Office of Intelligence and Analysis of the 6 Department of Homeland Security from sharing in-7 telligence information with, or receiving information 8 from— 9 (A) foreign, State, local, Tribal, or terri-10 torial governments (or any agency or subdivision 11 thereof); 12 (B) the private sector; or 13 (C) other elements of the Federal Govern-14 ment, including the components of the Depart-15 ment of Homeland Security. 16 SEC. 422. LIMITATION ON AVAILABILITY OF FUNDS FOR 17 THE OFFICE OF THE DIRECTOR OF NATIONAL 18 INTELLIGENCE PENDING SUBMISSION OF IN-19 FORMATION REGARDING IMPROVEMENTS RE-20 LATING TO INTELLIGENCE COMMUNITY 21 STAFFING, DETAILS, AND ASSIGNMENTS. 22 Of the funds authorized to be appropriated by this Act 23 or otherwise made available for fiscal year 2025 for the Of-24 fice of the Director of National Intelligence, not more than 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 90 •HR 8512 RH 95 percent may be obligated or expended until the date on 1 which the Director of National Intelligence submits to the 2 congressional intelligence committees the document required 3 to be established by the Director under section 7307(b) of 4 the Intelligence Authorization Act for Fiscal Year 2024 (50 5 U.S.C. 3025 note). 6 Subtitle B—Reports and Other 7 Matters 8 SEC. 431. FOREIGN MALIGN INFLUENCE INTERAGENCY 9 GUIDANCE. 10 Not later than 30 days after the date of the enactment 11 of this Act, the Director of National Intelligence shall pro-12 vide to the congressional intelligence committees the inter-13 agency guidance that governs engagement with social media 14 companies for each element of the intelligence community. 15 SEC. 432. FOREIGN MALIGN INFLUENCE STANDARD OPER-16 ATING PROCEDURES. 17 Not later than 30 days after the date of the enactment 18 of this Act, the Director of the Federal Bureau of Investiga-19 tion shall provide to the congressional intelligence commit-20 tees the most recently updated standard operating proce-21 dures document, without restrictions, that governs the Fed-22 eral Bureau of Investigation’s engagements with social 23 media companies. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 91 •HR 8512 RH SEC. 433. INTELLIGENCE SUPPORT FOR CERTAIN EXECU-1 TIVE BRANCH DEPARTMENTS AND AGENCIES. 2 (a) B RIEFING.—Not later than 90 days after the date 3 of the enactment of this Act, the Director of National Intel-4 ligence shall provide to the congressional intelligence com-5 mittees a briefing with respect to intelligence support pro-6 vided to executive branch departments and agencies that are 7 not a part of the intelligence community in accordance with 8 Intelligence Community Directive 404 (relating to Execu-9 tive Branch Intelligence Customers), or successor directive. 10 (b) E LEMENTS.—The briefing required under sub-11 section (a) shall include the following: 12 (1) A list of United States Government depart-13 ments and agencies that have a Federal Senior Intel-14 ligence Coordinator, an Intelligence Point of Contact, 15 or a Federal Intelligence Coordination Office. 16 (2) A description of the Office of the Director of 17 National Intelligence’s insight into how departments 18 and agencies that have individuals holding a position 19 described in paragraph (1) are selected for such posi-20 tion, and what role the Office of the Director of Na-21 tional Intelligence plays in that process, if any. 22 (3) An assessment of the successes, shortcomings, 23 effectiveness, utility, and future planning for engag-24 ing with executive branch customers pursuant to In-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 92 •HR 8512 RH telligence Community Directive 404 or any successor 1 directive. 2 (c) D EFINITIONS.—In this section, the terms ‘‘Federal 3 Senior Intelligence Coordinator’’, ‘‘Intelligence Point of 4 Contact’’, and ‘‘Federal Intelligence Coordination Office’’ 5 have the meaning given such terms in Intelligence Commu-6 nity Directive 404. 7 SEC. 434. INTELLIGENCE COMMUNITY RECRUITMENT FOR 8 CERTAIN SECURITY-CLEARED SEPARATING 9 MILITARY MEMBERS. 10 (a) I NGENERAL.—The Intelligence Community Chief 11 Human Capital Officer shall, not later than 90 days after 12 the date of the enactment of this Act, develop a human re-13 sources strategy for enhancing the recruitment into the in-14 telligence community of covered military members. 15 (b) C ONTENTS.—The strategy developed under sub-16 section (a) shall address— 17 (1) a requirement for each intelligence commu-18 nity element to facilitate job applications for quali-19 fied covered military members on each element’s job 20 application portal, on USA Jobs, or other appro-21 priate hiring platform; 22 (2) additional authorities or policy waivers re-23 quired to overcome identified barriers to enhancing 24 the recruitment into the intelligence community of 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 93 •HR 8512 RH covered military members to include those military 1 members with technical training and experience in 2 lieu of a bachelor’s degree; and 3 (3) in consultation with military services, the 4 development of best practices for matching job appli-5 cations from among covered military members who 6 have transferable qualifying backgrounds, skills, or ex-7 pertise to relevant intelligence occupational specialties 8 within the Federal civilian intelligence community 9 workforce, to include coordinating intelligence com-10 munity recruiting events and hiring blitzes. 11 (c) B RIEFING ANDIMPLEMENTATIONPLAN.—Not later 12 than 30 days after the development of the strategy under 13 subsection (a), the Intelligence Community Chief Human 14 Capital Officer shall provide to the congressional intel-15 ligence committees a briefing regarding the strategy devel-16 oped under subsection (a), including a plan for how each 17 element of the intelligence community intends to implement 18 such strategy. 19 (d) C OVEREDMILITARYMEMBERDEFINED.—In this 20 section, the term ‘‘covered military member’’ means any 21 servicemember transitioning out of military service who 22 holds a current top-secret security clearance. 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 94 •HR 8512 RH SEC. 435. STRATEGY TO STRENGTHEN INTELLIGENCE COM-1 MUNITY RECRUITMENT EFFORTS IN THE 2 UNITED STATES TERRITORIES. 3 (a) I NGENERAL.—The Director of National Intel-4 ligence, acting through the Intelligence Community Chief 5 Human Capital Officer, shall, in coordination with the 6 human capital offices of such elements of the intelligence 7 community as determined appropriate, develop an intel-8 ligence community-wide strategy to strengthen efforts to re-9 cruit qualified individuals residing in the United States 10 territories. 11 (b) B RIEFINGREQUIREMENT.—Not later than 180 12 days after the date of enactment of this Act, the Director 13 of National Intelligence, acting through the Intelligence 14 Community Chief Human Capital Officer, shall provide to 15 the congressional intelligence committees a briefing with re-16 spect to the strategy developed under subsection (a), includ-17 ing with respect to a plan for the implementation of such 18 strategy. 19 (c) U NITEDSTATESTERRITORIESDEFINED.—In this 20 section, the term ‘‘United States territories’’ means Puerto 21 Rico, the United States Virgin Islands, Guam, the Com-22 monwealth of the Northern Mariana Islands, and American 23 Samoa. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 95 •HR 8512 RH SEC. 436. EXTENSION OF REQUIREMENT FOR ANNUAL RE-1 PORT ON STRIKES UNDERTAKEN BY THE 2 UNITED STATES AGAINST TERRORIST TAR-3 GETS OUTSIDE AREAS OF ACTIVE HOS-4 TILITIES. 5 Section 1723(a) of the National Defense Authorization 6 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 7 1811) is amended— 8 (1) by striking ‘‘May 1 2020’’ and inserting 9 ‘‘December 31, 2024’’; and 10 (2) by striking ‘‘2022’’ and inserting ‘‘December 11 31, 2027’’. 12 SEC. 437. ADVISABILITY AND FEASIBILITY STUDY ON UP-13 DATING INTELLIGENCE SHARING REGULA-14 TIONS. 15 (a) I NGENERAL.—Not later than 120 days after the 16 date of the enactment of this Act, the Director of National 17 Intelligence, in coordination with each head of an element 18 of the intelligence community, shall assess the advisability 19 and feasibility of revising applicable policies and regula-20 tions with respect to the sharing of intelligence by an ele-21 ment of the intelligence community with foreign govern-22 ments to incorporate the principles described under sub-23 section (b). 24 (b) P RINCIPLES.—The principles to be assessed for ad-25 visability and feasibility shall be the following: 26 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 96 •HR 8512 RH (1) The intelligence community may not share 1 actionable intelligence with another country unless 2 the intelligence community receives such credible and 3 reliable written assurances from a representative of 4 the country that the country shall use the intelligence 5 in accordance with applicable international law. 6 (2) Any policies authorizing the sharing of ac-7 tionable intelligence shall require special protections 8 to reduce the risk of violations of applicable inter-9 national law as a consequence of sharing such intel-10 ligence. 11 (3) Any policies authorizing the sharing of ac-12 tionable intelligence with another country shall re-13 quire the element of the intelligence community con-14 cerned to document the risks and benefits of requiring 15 the country receiving the intelligence to make credible 16 and reliable written assurances that the country, 17 when using the intelligence, will conduct only lethal 18 or capture operations that comply with policy stand-19 ards of the United States with respect to detainee 20 treatment and direct action counterterrorism oper-21 ations outside areas of active hostilities. 22 (4) If the head of an element of the intelligence 23 community receives or conducts an assessment calling 24 into question the credibility or reliability of written 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 97 •HR 8512 RH assurances provided by another country to comply 1 with applicable international law with respect to the 2 intelligence, the head shall, within 45 days of receiv-3 ing or conducting the assessment— 4 (A) inform the Director of National Intel-5 ligence and, as appropriate, the Secretary of De-6 fense; and 7 (B) take appropriate action to assess fur-8 ther and remediate the situation, which may in-9 clude suspending further sharing of intelligence 10 or receiving further assurances from the country 11 of compliance with applicable international law. 12 (c) R EPORT TOCONGRESS.—Not later than 180 days 13 after the date of the enactment of this Act, the Director of 14 National Intelligence shall submit to the congressional intel-15 ligence committees a report on the advisability and feasi-16 bility of incorporating the principles described in subsection 17 (b) into regulations on the sharing of intelligence by an ele-18 ment of the intelligence community, including the degree 19 to which the current practices of each element of the intel-20 ligence community for the sharing of intelligence are con-21 sistent with such principles. 22 (d) A CTIONABLEINTELLIGENCEDEFINED.—In this 23 section, the term ‘‘actionable intelligence’’ means informa-24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 98 •HR 8512 RH tion sufficiently detailed and timely to permit, assist, or 1 allow an action or operation in the near-term. 2 SEC. 438. BUDGET TRANSPARENCY FOR OPEN-SOURCE IN-3 TELLIGENCE ACTIVITIES. 4 (a) B UDGETSUMMARIES TODIRECTOR OFNATIONAL 5 I NTELLIGENCE.—Not later than 90 days after the date of 6 the enactment of this Act, the head of each element of the 7 intelligence community shall submit to the Director of Na-8 tional Intelligence a complete and comprehensive summary 9 of all budget information with respect to the element’s open- 10 source intelligence activities. 11 (b) R EPORT TOCONGRESS.—Not later than 120 days 12 after the date of the enactment of this Act, the Director of 13 National Intelligence shall submit to the congressional intel-14 ligence committees a report compiling the information in 15 the summaries submitted to the Director pursuant to sub-16 section (a). 17 (c) O PEN-SOURCEINTELLIGENCEDEFINED.—In this 18 section, the term ‘‘open-source intelligence’’ means intel-19 ligence derived exclusively from publicly or commercially 20 available information that addresses specific intelligence 21 priorities, requirements, or gaps. 22 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 99 •HR 8512 RH SEC. 439. ENHANCING PUBLIC-PRIVATE SHARING ON MA-1 NIPULATIVE ADVERSARY PRACTICES IN CRIT-2 ICAL MINERAL PROJECTS. 3 (a) S TRATEGYREQUIRED.—The Director of National 4 Intelligence shall, in consultation with the heads of such 5 Federal agencies as the Director considers appropriate, not 6 later than 180 days after the date of the enactment of this 7 Act, develop a strategy to improve the sharing between the 8 Federal Government and private entities of information 9 and intelligence to mitigate the threat that foreign adver-10 sary illicit activities and tactics pose to United States per-11 sons in foreign jurisdictions on projects relating to energy 12 generation and storage, including with respect to critical 13 minerals inputs. 14 (b) E LEMENTS.—The strategy required by subsection 15 (a) shall cover—— 16 (1) how best to assemble and transmit informa-17 tion to United States persons— 18 (A) to protect against foreign adversary il-19 licit tactics and activities relating to critical 20 mineral projects abroad, including foreign adver-21 sary efforts to undermine such United States 22 projects abroad; 23 (B) to mitigate the risk that foreign adver-24 sary government involvement in the ownership 25 and control of entities engaging in deceptive or 26 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 100 •HR 8512 RH illicit activities pose to the interests of the 1 United States; and 2 (C) to inform on economic espionage and 3 other threats from foreign adversaries to the 4 rights of owners of intellectual property, includ-5 ing owners of patents, trademarks, copyrights, 6 and trade secrets, and other sensitive informa-7 tion, with respect to such property; and 8 (2) how best to receive information from United 9 States persons on threats to United States interests in 10 the critical mineral space. 11 (c) I MPLEMENTATION PLANREQUIRED.—Not later 12 than 30 days after the date on which the Director completes 13 developing the strategy pursuant to subsection (a), the Di-14 rector shall submit to the congressional intelligence commit-15 tees (as defined in section 3 of the National Security Act 16 of 1947 (50 U.S.C. 3003)), or provide such committees a 17 briefing on, a plan for implementing the strategy, which 18 shall include a description of risks, benefits, opportunities, 19 and drawbacks. 20 SEC. 440. BRIEFING ON POLICIES AND PROCEDURES FOR 21 ADDRESSING THREATS FROM KNOWN OR 22 SUSPECTED TERRORISTS. 23 (a) I NGENERAL.—Not later than 30 days after the 24 date of the enactment of this Act, representatives from the 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 101 •HR 8512 RH Department of Homeland Security, which shall include rep-1 resentatives from Customs and Border Protection, Home-2 land Security Investigations, and the Office of Intelligence 3 and Analysis, and representatives from the Federal Bureau 4 of Investigation, which shall include representatives from 5 the Threat Screening Center, shall jointly provide a briefing 6 to the appropriate congressional committees with respect to 7 existing policies and procedures for handling encounters 8 with known or suspected terrorists at the borders of the 9 United States. 10 (b) E LEMENTS.—The briefing required under sub-11 section (a) shall include a description of the following: 12 (1) The existing processes for handling encoun-13 ters with individuals at or between ports of entry, to 14 include the difference in process for individuals en-15 countered at and between ports of entry. 16 (2) The existing processes for the handling and 17 sharing of potentially derogatory information con-18 cerning individuals who are known or suspected ter-19 rorists. 20 (3) The existing processes for managing asylum 21 claims of known or suspected terrorists. 22 (c) A PPROPRIATECONGRESSIONALCOMMITTEESDE-23 FINED.—In this section, the term ‘‘appropriate congres-24 sional committees’’ means— 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 102 •HR 8512 RH (1) the congressional intelligence committees; 1 (2) the Committee on Homeland Security of the 2 House of Representatives; and 3 (3) the Committee on Homeland Security and 4 Governmental Affairs of the Senate. 5 SEC. 441. ASSESSMENT ON INTELLIGENCE RELATIONSHIP 6 BETWEEN EGYPT AND ISRAEL. 7 (a) R EPORT.—Not later than 90 days after the date 8 the enactment of this Act, the Director of National Intel-9 ligence, in coordination with the heads of such elements of 10 the intelligence community as the Director determines ap-11 propriate, shall submit to the congressional intelligence 12 committees a report assessing the intelligence relationship 13 between Israel and Egypt that includes an assessment of 14 intelligence failures with respect to either country and with 15 respect to intelligence sharing between the two countries 16 that contributed to the attack on Israel by Hamas on Octo-17 ber 7, 2023. 18 (b) M ATTERS.—The report under subsection (a) shall 19 include the following: 20 (1) An assessment of the state, strengths, and 21 limitations of any intelligence relationship between 22 Egypt and Israel, especially with respect to Hamas 23 and Gaza. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 103 •HR 8512 RH (2) The role of the United States, if any, in the 1 relationship and an identification of the areas in 2 which the participation of the United States would 3 most strengthen the relationship and improve co-4 operation between Egypt and Israel going forward. 5 (3) A review of the failures in national and re-6 gional intelligence analysis, collection, and sharing 7 that occurred before the attack on Israel by Hamas on 8 October 7, 2023, and any lessons learned for future 9 intelligence activities. 10 (c) F ORM.—The report under subsection (a) may be 11 submitted in classified form. 12 SEC. 442. INTELLIGENCE ASSESSMENT OF ECONOMIC CO-13 ERCION BY THE PEOPLE’S REPUBLIC OF 14 CHINA IN THE INDO-PACIFIC REGION AND 15 STRATEGIES TO ENHANCE THE ECONOMIC 16 RESILIENCE OF COUNTRIES IN THE INDO-PA-17 CIFIC REGION. 18 (a) R EPORT.—Not later than 180 days after the date 19 of the enactment of this Act, the Assistant Secretary of State 20 for Intelligence and Research, in consultation with Director 21 of the Central Intelligence Agency and the heads of other 22 elements of the intelligence community determined appro-23 priate by the Assistant Secretary, shall submit to the appro-24 priate congressional committees a report assessing the eco-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 104 •HR 8512 RH nomic coercion efforts by the People’s Republic of China in 1 the Indo-Pacific region and strategies that would enhance 2 the resilience of countries in the Indo-Pacific region to eco-3 nomic coercion by the People’s Republic of China. 4 (b) M ATTERS.—The report under subsection (a) shall 5 include the following: 6 (1) A description of recent economic coercion ef-7 forts by the People’s Republic of China against coun-8 tries in the Indo-Pacific region. 9 (2) An analysis of the effectiveness of economic 10 coercion efforts against countries in the Indo-Pacific 11 region by the People’s Republic of China in achieving 12 the stated or assumed goals of the People’s Republic 13 of China. 14 (3) An assessment of measures that would dis-15 suade the People’s Republic of China from engaging 16 in acts of economic coercion in the Indo-Pacific re-17 gion and would encourage actions supporting the eco-18 nomic prosperity and security of the Indo-Pacific re-19 gion. 20 (4) An assessment of measures, including trade 21 diversion or regional trade agreements, that would di-22 minish the sway and influence of the market of the 23 People’s Republic of China with respect to countries 24 in the Indo-Pacific region. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 105 •HR 8512 RH (5) An analysis of measures that would help 1 countries in the Indo-Pacific region to build supply 2 chains independent of the People’s Republic of China. 3 (c) F ORM.—The report under subsection (a) may be 4 submitted in classified form. 5 (d) D EFINITIONS.—In this section: 6 (1) A PPROPRIATE CONGRESSIONAL COMMIT -7 TEES.—The term ‘‘appropriate congressional commit-8 tees’’ means— 9 (A) the congressional intelligence commit-10 tees; 11 (B) the Committee on Foreign Affairs, the 12 Committee on Armed Services, the Committee on 13 Appropriations, and the Select Committee on the 14 Strategic Competition Between the United States 15 and the Chinese Communist Party of the House 16 of Representatives; and 17 (C) the Committee on Foreign Relations, the 18 Committee on Armed Services, and the Com-19 mittee on Appropriations of the Senate. 20 (2) I NDO-PACIFIC NATIONS.—The term ‘‘Indo-Pa-21 cific region’’ includes the following countries: 22 (A) Australia. 23 (B) Bangladesh. 24 (C) Brunei. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 106 •HR 8512 RH (D) Burma (Myanmar). 1 (E) Cambodia. 2 (F) China. 3 (G) Democratic People’s Republic of Korea. 4 (H) Federated States of Micronesia. 5 (I) Fiji. 6 (J) French Polynesia. 7 (K) India. 8 (L) Indonesia. 9 (M) Japan. 10 (N) Kiribati. 11 (O) Laos. 12 (P) Malaysia. 13 (Q) Maldives. 14 (R) Mongolia. 15 (S) Nauru. 16 (T) Niue. 17 (U) Nepal. 18 (V) New Zealand. 19 (W) Palau. 20 (X) Papua New Guinea. 21 (Y) Philippines. 22 (Z) Republic of Korea. 23 (AA) Republic of Marshall Islands. 24 (BB) Samoa. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 107 •HR 8512 RH (CC) Singapore. 1 (DD) Solomon Islands. 2 (EE) Sri Lanka. 3 (FF) Thailand. 4 (GG) Timor-Leste. 5 (HH) Tonga. 6 (II) Tuvalu. 7 (JJ) Vanuatu. 8 (KK) Vietnam. 9 SEC. 443. REPORT ON THE MISSION EFFECT OF CIVILIAN 10 HARM. 11 (a) R EPORT.—Not later than 180 days after the date 12 of the enactment of this Act, the Director of National Intel-13 ligence, acting through the National Intelligence Council 14 and in coordination with the heads of the elements of the 15 intelligence community determined appropriate by the Di-16 rector, shall submit to the appropriate congressional com-17 mittees a report examining the extent to which civilian 18 harm that occurs during counterterrorism operations in-19 forms analyses of the intelligence community on the mission 20 success of campaigns to degrade, disrupt, or defeat foreign 21 terrorist organizations. 22 (b) M ATTERS.—The report under subsection (a) shall 23 include the following: 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 108 •HR 8512 RH (1) The methodology of the intelligence commu-1 nity for measuring the effect of civilian harm. 2 (2) The extent to which analysts of the intel-3 ligence community apply such methodology when as-4 sessing the degree to which a terrorist group is de-5 graded, disrupted, or defeated. 6 (3) A framework to enable analysts to assess, as 7 objectively as possible, the effect that civilian harm 8 has had on the mission of degrading, disrupting, or 9 defeating a terrorist group, or an explanation of why 10 such framework cannot be generated. 11 (4) The extent to which dissenting opinions of 12 analysts of the intelligence community are included 13 or highlighted in final written products presented to 14 senior policymakers of the United States. 15 (5) Recommendations to improve the quality of 16 future intelligence community analyses by accounting 17 for the effects of civilian harm on efforts to success-18 fully degrade, disrupt, or defeat a foreign terrorist 19 group. 20 (c) F ORM.— 21 (1) I N GENERAL.—The report under subsection 22 (a) may be submitted in classified form, but if so sub-23 mitted, the report shall include an unclassified sum-24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 109 •HR 8512 RH mary of key findings that is consistent with the pro-1 tection of intelligence sources and methods. 2 (2) A NNEX.—The report under subsection (a) 3 shall include a classified annex that provides an in-4 ventory of the following: 5 (A) Collection gaps and challenges that may 6 affect the analysis of the success or failure of 7 campaigns against terrorist groups. 8 (B) Actions taken by the Director of Na-9 tional Intelligence to mitigate such gaps and 10 challenges. 11 (d) A PPROPRIATECONGRESSIONALCOMMITTEESDE-12 FINED.—In this section, the term ‘‘appropriate congres-13 sional committees’’ means— 14 (1) the congressional intelligence committees; 15 (2) the Subcommittee on Defense of the Com-16 mittee on Appropriations of the House of Representa-17 tives; and 18 (3) the Subcommittee on Defense of the Com-19 mittee on Appropriations of the Senate. 20 SEC. 444. REPORT ON THE ECONOMIC OUTLOOK OF CHINA. 21 (a) I NGENERAL.—Not later than 120 days after the 22 date of the enactment of this Act, the Director of National 23 Intelligence, acting through the National Intelligence Coun-24 cil, shall, in coordination with the Assistant Secretary of 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 110 •HR 8512 RH the Treasury for Intelligence and Analysis and the Director 1 of the Central Intelligence Agency, submit to the congres-2 sional intelligence committees a report on the economic out-3 look of the People’s Republic of China, which shall include 4 alternative analyses of the economic projections of the Peo-5 ple’s Republic of China. 6 (b) E LEMENTS.—The report required under subsection 7 (a) shall include the following: 8 (1) Assessments of the strengths and weaknesses 9 of the economy of the People’s Republic of China, in-10 cluding the potential effects of debt, demographics, 11 and China’s international relationships. 12 (2) Potential challenges for the People’s Republic 13 of China to sustain economic growth and the poten-14 tial for global effects as a result. 15 (3) The implications of the economic future of 16 the People’s Republic of China on the country’s for-17 eign and defense policy. 18 SEC. 445. REPEAL OF REQUIREMENT WITH RESPECT TO AS-19 SESSMENTS REGARDING THE NORTHERN TRI-20 ANGLE AND MEXICO. 21 Section 5522 of the National Defense Authorization 22 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 23 2152) is repealed. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 111 •HR 8512 RH TITLE V—MATTERS RELATING 1 TO DEFENSE INTELLIGENCE 2 AND OVERHEAD ARCHITEC-3 TURE 4 SEC. 501. SENSE OF CONGRESS ON THE NEED FOR IN-5 CREASED EFFORT AND RESOURCES IN THE 6 FIELD OF GEOMATICS. 7 It is the sense of Congress that— 8 (1) the intelligence community and the broader 9 United States Government require professionals with 10 advanced training in geomatics and geodesy and that 11 the preservation of these skillsets is crucial to advanc-12 ing geospatial intelligence tradecraft for the United 13 States for national security and military operations; 14 (2) the intelligence community should use exist-15 ing authorities to engage in novel ways with aca-16 demic and industry partners to ensure the intelligence 17 community’s demand signal for geomatics and geod-18 esy professionals is received by the largest possible 19 number of United States citizens while also seeking to 20 foster a culture of academic excellence and research to 21 propel the field of geomatics forward at the pace of 22 innovation; 23 (3) by engaging with academic and industry 24 partners the intelligence community can help speed 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 112 •HR 8512 RH the reversal of the current trend wherein the United 1 States not only produces fewer geomatics scientists 2 and engineers compared to its global competitors and 3 potential adversaries, but such competitors and adver-4 saries also provide them with training and expertise 5 that could be used against the United States; 6 (4) there is abundant opportunity for the intel-7 ligence community to advance its growing need for 8 geomatics and geodesy professionals by partnering 9 with American universities and researchers with 10 proven experience in diverse fields who can lead the 11 way to solving the United States most vexing 12 geomatics challenges; and 13 (5) the intelligence community must balance the 14 increasing demand for recruiting the best geomatics 15 and geodesy talent while still ensuring a dedicated 16 and patriotic workforce with allegiance to the Con-17 stitution and the United States Government. 18 SEC. 502. DEPARTMENT OF DEFENSE SENIOR INTEL-19 LIGENCE OVERSIGHT OFFICIAL. 20 (a) I NGENERAL.—Subchapter I of chapter 21 of title 21 10, United States Code, is amended by adding at the end 22 the following: 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 113 •HR 8512 RH ‘‘§ 430c. Senior Intelligence Oversight Official 1 ‘‘(a) E STABLISHMENT.—The Secretary of Defense, or 2 a designee of the Secretary determined by regulations pre-3 scribed by the Secretary, shall designate a civilian employee 4 of the Department of Defense in the Senior Executive Serv-5 ice to serve as the Senior Intelligence Oversight Official. 6 ‘‘(b) R ESPONSIBILITIES.—The Senior Intelligence 7 Oversight Official shall exercise independent oversight of all 8 intelligence, intelligence-related, and sensitive activities of 9 the Department of Defense, including activities involving— 10 ‘‘(1) tradecraft; 11 ‘‘(2) the operational use of an individual; or 12 ‘‘(3) clandestine operational tactics, techniques, 13 and procedures. 14 ‘‘(c) A CCESS.—The Senior Intelligence Oversight Offi-15 cial shall have— 16 ‘‘(1) complete and unrestricted access to all in-17 formation concerning any intelligence, intelligence-re-18 lated, or sensitive activity of the Department of De-19 fense regardless of classification or 20 compartmentalization, including special access pro-21 grams, from any personnel or organizational entity of 22 the Department of Defense, to the extent necessary to 23 carry out the responsibilities and functions of the 24 Senior Intelligence Oversight Official; and 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 114 •HR 8512 RH ‘‘(2) direct access to the Secretary of Defense and 1 the Deputy Secretary of Defense, as circumstances re-2 quire in the determination of the Senior Intelligence 3 Oversight Official. 4 ‘‘(d) R EVIEW OFREGULATIONS.—The Secretary of De-5 fense shall review and update Department of Defense Direc-6 tive 5148.13, and any associated or successor regulation or 7 directive, to conform to this section.’’. 8 (b) C ONFORMINGAMENDMENT.—The table of contents 9 in chapter 21 of such title is amended by adding at the 10 end of subchapter I the following new item: 11 ‘‘430c. Senior Intelligence Oversight Official.’’. SEC. 503. EXTENSION AND MODIFICATION OF DEPARTMENT 12 OF DEFENSE INTELLIGENCE AND COUNTER-13 INTELLIGENCE EXPENSE AUTHORITY. 14 Section 1057 of the National Defense Authorization 15 Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 16 1593) is amended— 17 (1) in subsection (a), by striking ‘‘2025’’ and in-18 serting ‘‘2030’’; 19 (2) in subsection (d), by striking ‘‘2025’’ and in-20 serting ‘‘2030’’; and 21 (3) in subsection (e), by striking ‘‘$100,000’’ and 22 inserting ‘‘$125,000’’. 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 115 •HR 8512 RH SEC. 504. AUTHORITY OF ARMY COUNTERINTELLIGENCE 1 AGENTS. 2 (a) I NGENERAL.—Section 7377 of title 10, United 3 States Code, is amended— 4 (1) in the section heading, by inserting ‘‘and 5 Army Counterintelligence Command ’’ before 6 the colon; and 7 (2) by amending subsection (b) to read as fol-8 lows: 9 ‘‘(b) A GENTS TOHAVEAUTHORITY.—Subsection (a) 10 applies to any employee of the Department of the Army 11 who is— 12 ‘‘(1) a special agent of the Army Criminal Inves-13 tigation Command (or a successor to that command) 14 whose duties include conducting, supervising, or co-15 ordinating investigations of criminal activity in pro-16 grams and operations of the Department of the Army; 17 or 18 ‘‘(2) a special agent of the Army Counterintel-19 ligence Command (or a successor to that command) 20 whose duties include conducting, supervising, or co-21 ordinating counterintelligence investigations in pro-22 grams and operations of the Department of the 23 Army.’’. 24 (b) C LERICALAMENDMENT.—The table of sections at 25 the beginning of chapter 747 of such title is amended by 26 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 116 •HR 8512 RH striking the item relating to section 7377 and inserting the 1 following new item: 2 ‘‘7377. Civilian special agents of the Criminal Investigation Command and Army Counterintelligence Command: authority to execute warrants and make arrests.’’. SEC. 505. MODIFICATIONS TO NOTIFICATION ON THE PRO- 3 VISION OF DEFENSE SENSITIVE SUPPORT. 4 Section 1055 of the National Defense Authorization 5 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 6 113 note) is amended— 7 (1) in subsection (b)— 8 (A) in paragraph (1), by striking ‘‘para-9 graph (3)’’ and inserting ‘‘paragraphs (3) and 10 (4)’’; 11 (B) by redesignating paragraphs (3) 12 through (5) as paragraphs (4) through (6), re-13 spectively; 14 (C) by inserting after paragraph (2) the fol-15 lowing new paragraph: 16 ‘‘(3) R OUTINE DEFENSE SENSITIVE SUPPORT .— 17 In the event that the provision of defense sensitive 18 support is routine defense sensitive support, the Sec-19 retary shall provide notification under paragraph (1) 20 on a quarterly basis after providing the support.’’; 21 (D) in paragraph (4), as so redesignated— 22 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 117 •HR 8512 RH (i) in the paragraph heading, by in-1 serting ‘‘ AND EXTRAORDINARY SECURITY 2 PROTECTIONS’’ after ‘‘SUPPORT’’; 3 (ii) in the matter preceding subpara-4 graph (A)— 5 (I) by inserting ‘‘or requires ex-6 traordinary security protections’’ after 7 ‘‘time-sensitive’’; and 8 (II) by inserting ‘‘shall’’ after 9 ‘‘Secretary’’; 10 (iii) in subparagraph (A)— 11 (I) by striking ‘‘may’’; 12 (II) by inserting ‘‘or after the ac-13 tivity supported concludes’’ after ‘‘pro-14 viding the support’’; and 15 (III) by striking ‘‘; and’’ and in-16 serting ‘‘; or’’; and 17 (iv) in subparagraph (B)— 18 (I) by striking ‘‘shall’’; and 19 (II) by striking ‘‘notice as soon as 20 practicable after providing such sup-21 port, but not later than 48 hours after 22 providing the support’’ and inserting 23 ‘‘notification simultaneously with the 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 118 •HR 8512 RH execution of the supported activity’’; 1 and 2 (E) in paragraph (5), as so redesignated, by 3 striking ‘‘paragraphs (1) and (3)’’ and inserting 4 ‘‘paragraphs (1), (3), and (4)’’; and 5 (2) in subsection (c)— 6 (A) in the subsection heading, by striking 7 ‘‘D EFENSESENSITIVESUPPORTDEFINED’’ and 8 inserting ‘‘D EFINITIONS’’; 9 (B) by striking ‘‘, the term ‘defense sensitive 10 support’ means support provided by the Depart-11 ment of Defense to a non-Department of Defense 12 Federal department or agency that requires spe-13 cial protection from disclosure.’’ and inserting a 14 colon; and 15 (C) by adding at the end the following new 16 paragraphs: 17 ‘‘(1) The term ‘defense sensitive support’ means 18 support provided by the Department of Defense to a 19 non-Department of Defense Federal department or 20 agency that requires special protection from disclo-21 sure. 22 ‘‘(2) The term ‘routine defense sensitive support’ 23 has the meaning given such term elsewhere in the In-24 telligence Authorization Act for Fiscal Year 2025.’’. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 119 •HR 8512 RH SEC. 506. REVISION OF SECRETARY OF DEFENSE AUTHOR-1 ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 2 AS SECURITY FOR INTELLIGENCE COLLEC-3 TION ACTIVITIES. 4 (a) E XTENSION OFAUTHORITY.—Section 431(a) of 5 title 10, United States Code, is amended by striking ‘‘De-6 cember 31, 2024’’ and inserting ‘‘December 31, 2027’’. 7 (b) I NTERAGENCYCOORDINATION AND SUPPORT.— 8 Section 431(b)(1) of such title is amended to read as follows: 9 ‘‘(1) be pre-coordinated with the Director of the 10 Central Intelligence Agency using procedures mutu-11 ally agreed upon by the Secretary of Defense and the 12 Director, and, where appropriate, be supported by the 13 Director; and’’. 14 SEC. 507. PROMULGATING GUIDANCE RELATED TO CER-15 TAIN DEPARTMENT OF DEFENSE CONTRACTS. 16 Not later than January 31, 2025, the Secretary of De-17 fense shall issue guidance on the governance and oversight 18 of the contracts of the Department of Defense that support 19 or enable sensitive activities. 20 SEC. 508. SENSE OF CONGRESS ON SPACE FORCE ACQUISI-21 TION WORKFORCE. 22 It is the sense of Congress that— 23 (1) the National Reconnaissance Office and the 24 United States Space Force jointly benefit from a ro-25 bust United States Space Force military and civilian 26 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 120 •HR 8512 RH acquisition workforce that includes contracting offi-1 cers, acquisition program managers, engineers, and 2 program control and finance professionals; 3 (2) the Permanent Select Committee on Intel-4 ligence of the House of Representatives is concerned 5 that the United States Space Force’s uneven emphasis 6 on developing space operators and making fewer ac-7 quisition professionals available for assignments at 8 the National Reconnaissance Office can negatively af-9 fect the procurement goals of the National Reconnais-10 sance Office, particularly in support of United States 11 Space Force requirements; and 12 (3) a robust United States Space Force acquisi-13 tion workforce, that encourages assignment opportuni-14 ties at the National Reconnaissance Office, both bene-15 fits the procurement goals of the National Reconnais-16 sance Office and provides valuable experience that ac-17 quisition professionals can apply to future United 18 States Space Force assignments. 19 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 121 •HR 8512 RH TITLE VI—MATTERS RELATING 1 TO CENTRAL INTELLIGENCE 2 AGENCY 3 SEC. 601. REQUIREMENTS FOR THE SPECIAL VICTIM INVES-4 TIGATOR. 5 Section 32(a) of the Central Intelligence Agency Act 6 of 1949 (50 U.S.C. 3533(a)) is amended by adding at the 7 end the following: ‘‘No individual appointed as the Special 8 Victim Investigator may, at the time of such appointment, 9 be a current employee of the Central Intelligence Agency.’’. 10 SEC. 602. RESERVE FOR CONTINGENCIES NOTIFICATION 11 REQUIREMENT. 12 Section 504(a)(2) of the National Security Act of 1947 13 (50 U.S.C. 3094(a)(2)) is amended by inserting ‘‘and, not 14 later than 10 days after the date of the obligation or expend-15 iture of such funds, of the activity requiring such obligation 16 or expenditure’’ before the semicolon. 17 SEC. 603. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 18 AND REPORT ON MODERNIZATION INITIA-19 TIVE OF THE CENTRAL INTELLIGENCE AGEN-20 CY. 21 (a) R EQUIREMENT.—The Comptroller General of the 22 United States shall conduct a study on the impacts of the 23 Central Intelligence Agency’s modernization initiative. 24 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 122 •HR 8512 RH (b) ELEMENTS.—The study required under subsection 1 (a) may include the following: 2 (1) An assessment of the Agency’s implementa-3 tion of changes pursuant to the modernization initia-4 tive, including organizational changes and changes to 5 Agency activities. 6 (2) An assessment of how any new administra-7 tive requirements made pursuant to the moderniza-8 tion initiative have affected Agency activities. 9 (3) An evaluation of whether the Agency’s imple-10 mentation of changes pursuant to the modernization 11 initiative have affected the Agency’s ability to antici-12 pate and respond to emerging issues. 13 (4) An assessment of the extent to which the 14 Agency’s implementation of changes pursuant to the 15 modernization initiative have— 16 (A) fostered an organizational climate and 17 structure that allows personnel in analytic and 18 operational fields to take professional risks; 19 (B) grown the role of analytic personnel 20 and provided opportunities for them to become 21 subject matter experts within the analytical ca-22 reer fields; and 23 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 123 •HR 8512 RH (C) changed the number of personnel from 1 analytical fields represented in managerial and 2 policy positions. 3 (5) Other matters deemed relevant by the Comp-4 troller General. 5 (c) B RIEFING; REPORT.— 6 (1) B RIEFING.—Not later than 180 days after 7 the date of the enactment of this Act, the Comptroller 8 General shall provide to the appropriate congressional 9 committees a briefing on the preliminary findings of 10 the study conducted under subsection (a) at a time 11 that is mutually agreed upon by the appropriate con-12 gressional committees and the Comptroller General. 13 (2) R EPORT REQUIREMENT.— 14 (A) S UBMISSION TO CONGRESS .—Not later 15 than 1 year after the date of the enactment of 16 this Act, the Comptroller General shall submit to 17 the appropriate congressional committees a re-18 port on the results of the study conducted under 19 subsection (a). 20 (B) F ORM OF REPORT .—The report re-21 quired under this subsection shall be submitted 22 in unclassified form but may include a classified 23 annex. 24 (d) D EFINITIONS.—In this section: 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 124 •HR 8512 RH (1) APPROPRIATE CONGRESSIONAL COMMIT -1 TEES.—The term ‘‘appropriate congressional commit-2 tees’’ means— 3 (A) the Committee on Appropriations and 4 the Select Committee on Intelligence of the Sen-5 ate; and 6 (B) the Committee on Appropriations and 7 the Permanent Select Committee on Intelligence 8 of the House of Representatives. 9 (2) A GENCY.—The term ‘‘Agency’’ means the 10 Central Intelligence Agency. 11 TITLE VII—MATTERS RELATING 12 TO TECHNOLOGY AND INNO-13 VATION 14 SEC. 701. SENSITIVE COMPARTMENTED INFORMATION FA-15 CILITY ACCREDITATION. 16 (a) I NGENERAL.—The Under Secretary of Defense for 17 Intelligence and Security shall, not later than December 31, 18 2029— 19 (1) assign responsibility to the Defense Counter-20 intelligence and Security Agency for the accreditation 21 of sensitive compartmented information facilities for 22 all components of the Department of Defense, includ-23 ing the military departments, except with respect to 24 the National Security Agency, the National Recon-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 125 •HR 8512 RH naissance Office, and the National Geospatial-Intel-1 ligence Agency; and 2 (2) ensure that the Defense Counterintelligence 3 and Security Agency has the appropriate staff to suc-4 cessfully carry out such responsibility. 5 (b) N OTIFICATIONWITHRESPECT TORESOURCERE-6 QUIREMENTS.—The Under Secretary of Defense for Intel-7 ligence and Security shall notify the congressional intel-8 ligence committees and the congressional defense committees 9 with respect to the resource requirements for the Defense 10 Counterintelligence and Security Agency to carry out the 11 accreditation responsibility under subsection (a). 12 (c) S UBMISSION OF REPORT TOCONGRESS.—The 13 Under Secretary of Defense for Intelligence and Security 14 shall, in consultation with the Director of the National Se-15 curity Agency, the Director of the National Reconnaissance 16 Office, and the Director of the National Geospatial-Intel-17 ligence Agency, submit to the congressional intelligence 18 committees and the Committees on Armed Services of the 19 House of Representatives and the Senate a report not later 20 than December 31, 2027, on the feasibility of the Defense 21 Counterintelligence and Security Agency assuming accredi-22 tation responsibility with respect to sensitive compart-23 mented information facilities for the National Security 24 Agency, the National Reconnaissance Office, and the Na-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 126 •HR 8512 RH tional Geospatial-Intelligence Agency by December 31, 1 2029. 2 (d) C ONGRESSIONAL DEFENSECOMMITTEESDE-3 FINED.—In this section, the term ‘‘congressional defense 4 committees’’ has the meaning given that term in section 5 101(a)(16) of title 10, United States Code. 6 SEC. 702. STUDY OF INTELLIGENCE COMMUNITY RESEARCH 7 SECURITY. 8 (a) S TUDY.—The Director of National Intelligence 9 shall conduct a study on preventing intelligence community 10 research grant funding from improperly benefiting foreign 11 countries of concern. 12 (b) E LEMENTS.—The study under subsection (a) shall 13 include the following: 14 (1) An evaluation of the intelligence commu-15 nity’s current research security practices, including 16 with respect to the requirements under section 121 of 17 the National Security Act of 1947 (50 U.S.C. 3061). 18 (2) An evaluation of the feasibility and effects of 19 prohibiting the award of an intelligence community 20 grant for research to any individual or institution if 21 the head of the relevant element of the intelligence 22 community cannot verify that such grantee does not 23 partner, formally or informally, with individuals 24 from institutions located in any country of concern, 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 127 •HR 8512 RH or with institutions or entities from or located in any 1 country of concern, subject to a waiver of such prohi-2 bition, on a case by case basis, by the head or deputy 3 of the element of the intelligence community. 4 (3) Recommendations for the operational imple-5 mentation of the prohibition described in paragraph 6 (2). 7 (c) R EPORT.— 8 (1) I N GENERAL.—Not later than 180 days after 9 the date of the enactment of this Act, the Director 10 shall submit to the congressional intelligence commit-11 tees a report containing the results of the study con-12 ducted under subsection (a) and the recommendations 13 required under subsection (b)(3). 14 (2) F ORM.—The report required under para-15 graph (1) shall be submitted in unclassified form, but 16 may include a classified annex. 17 (d) C OUNTRY OFCONCERNDEFINED.—For purposes 18 of this section, the term ‘‘country of concern’’ has the mean-19 ing given that term in section 1(m)(1) of the State Depart-20 ment Basic Authorities Act of 1956 (22 U.S.C. 21 2651a(m)(1)). 22 SEC. 703. REPORT ON BIOTECHNOLOGY. 23 (a) R EPORTINGREQUIREMENT.—Not later than June 24 30, 2025, the head of each covered element of the intelligence 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 128 •HR 8512 RH community shall submit a separate report to the congres-1 sional intelligence committees with respect to biotechnology 2 threats and intelligence activities related to biotechnology 3 threats. 4 (b) M ATTERSINCLUDED.—Each report under sub-5 section (a) shall include, with respect to each covered ele-6 ment of the intelligence community, the following: 7 (1) A description of any gaps that exist with re-8 spect to intelligence activities that impede such ele-9 ment from fully targeting, collecting, and analyzing 10 intelligence related to biotechnology threats. 11 (2) A description of any existing formal mecha-12 nisms by which the intelligence community provides 13 intelligence and support with respect to biotechnology 14 threats to— 15 (A) departments and agencies of the Federal 16 Government outside the intelligence community; 17 (B) the governments of foreign countries; 18 and 19 (C) private industry and academic institu-20 tions. 21 (3) An assessment of any existing mechanisms 22 and manners by which the intelligence community 23 consults with biotechnology experts and other outside 24 experts with related expertise. 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 129 •HR 8512 RH (c) COVEREDELEMENTS OF THEINTELLIGENCECOM-1 MUNITY.—For purposes of this section, the covered elements 2 of the intelligence community are as follows: 3 (1) The Central Intelligence Agency. 4 (2) The Defense Intelligence Agency. 5 (3) The Federal Bureau of Investigation. 6 (4) The National Security Agency. 7 (5) The Office of the Director of National Intel-8 ligence. 9 SEC. 704. DATA WITH RESPECT TO TIMELINESS OF SECU-10 RITY CLEARANCE DETERMINATIONS. 11 Section 7702 of the National Defense Authorization 12 Act for Fiscal Year 2024 (50 U.S.C. 3352h) is amended by 13 adding at the end the following new subsection: 14 ‘‘(d) D ATAWITHRESPECT TOTIMELINESS OFSECU-15 RITYCLEARANCEDETERMINATIONS.— 16 ‘‘(1) I N GENERAL.—With respect to each report 17 on compliance with timeliness standards for ren-18 dering determinations of trust for personnel vetting 19 prepared pursuant to subsection (b), the Director of 20 National Intelligence shall make available to the con-21 gressional intelligence committees as soon as prac-22 ticable the raw data with respect to the timeliness of 23 security clearance determinations used to prepare 24 each such report in machine-readable format for each 25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 130 •HR 8512 RH element of the intelligence community that collects 1 such data. 2 ‘‘(2) F ORM AND CLASSIFICATION JUSTIFICA -3 TION.—The data provided to the congressional intel-4 ligence committees under paragraph (1) shall be sub-5 mitted in unclassified form to the greatest extent pos-6 sible and shall contain a justification for the classi-7 fication of any such data provided, which shall in-8 clude citations to the applicable classification guide 9 which explain the reason any such data is classi-10 fied.’’. 11 SEC. 705. DATA WITH RESPECT TO TIMELINESS OF POLY-12 GRAPH EXAMINATIONS. 13 Section 7702 of the National Defense Authorization 14 Act for Fiscal Year 2024 (50 U.S.C. 3352h), as amended 15 by section 704, is further amended by adding at the end 16 the following new subsection: 17 ‘‘(e) D ATAWITHRESPECT TOTIMELINESS OFPOLY-18 GRAPHEXAMINATIONS.— 19 ‘‘(1) I N GENERAL.—With respect to each report 20 on compliance with timeliness standards for ren-21 dering determinations of trust for personnel vetting 22 prepared pursuant to subsection (b), the Director of 23 National Intelligence shall make available to the con-24 gressional intelligence committees as soon as prac-25 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS 131 •HR 8512 RH ticable the raw data with respect to the timeliness of 1 polygraph examinations used to prepare each such re-2 port in machine-readable format for each element of 3 the intelligence community that collects such data. 4 ‘‘(2) F ORM AND CLASSIFICATION JUSTIFICA -5 TION.—The data provided to the congressional intel-6 ligence committees under paragraph (1) shall be sub-7 mitted in unclassified form to the greatest extent pos-8 sible and shall contain a justification for the classi-9 fication of any such data provided, which shall in-10 clude citations to the applicable classification guide 11 which explain the reason any such data is classi-12 fied.’’. 13 VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS Union Calendar No. 558 118 TH CONGRESS 2 D S ESSION H. R. 8512 [Report No. 118–662] A BILL To authorize appropriations for fiscal year 2025 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. S EPTEMBER 11, 2024 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 00:23 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00132 Fmt 6651 Sfmt 6651 E:\BILLS\H8512.RH H8512 ssavage on LAPJG3WLY3PROD with BILLS