Us Congress Senate Bill SB2103 Latest Draft

                            II 
Calendar No. 106 
118THCONGRESS 
1
STSESSION S. 2103 
To authorize appropriations for fiscal year 2024 for intelligence and intel-
ligence-related activities of the United States Government, the Intel-
ligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes. 
IN THE SENATE OF THE UNITED STATES 
JUNE22, 2023 
Mr. W
ARNER, from the Select Committee on Intelligence, reported the 
following original bill; which was read twice and placed on the calendar 
A BILL 
To authorize appropriations for fiscal year 2024 for intel-
ligence and intelligence-related activities of the United 
States Government, the Intelligence Community Manage-
ment Account, and the Central Intelligence Agency Re-
tirement and Disability System, and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Intelligence Authorization Act for Fiscal Year 2024’’. 5
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(b) TABLE OFCONTENTS.—The table of contents for 1
this Act is as follows: 2
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. 
Sec. 104. Increase in employee compensation and benefits authorized by law. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—INTELLIGENCE COMMUNITY MATTERS 
Subtitle A—General Intelligence Community Matters 
Sec. 301. Post-graduate employment of Department of Defense Cyber and Dig-
ital Service Academy scholarship recipients in intelligence com-
munity. 
Sec. 302. Plan to recruit, train, and retain personnel with experience in finan-
cial intelligence and emerging technologies. 
Sec. 303. Policy and performance framework for mobility of intelligence com-
munity workforce. 
Sec. 304. In-State tuition rates for active duty members of the intelligence com-
munity. 
Sec. 305. Standards, criteria, and guidance for counterintelligence vulnerability 
assessments and surveys. 
Sec. 306. Improving administration of certain post-employment restrictions for 
intelligence community. 
Sec. 307. Mission of the National Counterintelligence and Security Center. 
Sec. 308. Prohibition relating to transport of individuals detained at United 
States Naval Station, Guantanamo Bay, Cuba. 
Sec. 309. Department of Energy review of certain foreign visitors and assignees 
to National Laboratories. 
Sec. 310. Congressional oversight of intelligence community risk assessments. 
Sec. 311. Inspector General review of dissemination by Federal Bureau of In-
vestigation Richmond, Virginia, field office of certain docu-
ment. 
Sec. 312. Office of Intelligence and Analysis. 
Subtitle B—Central Intelligence Agency 
Sec. 321. Protection of Central Intelligence Agency facilities and assets from 
unmanned aircraft. 
Sec. 322. Change to penalties and increased availability of mental health treat-
ment for unlawful conduct on Central Intelligence Agency in-
stallations. 
Sec. 323. Modifications to procurement authorities of the Central Intelligence 
Agency. 
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Sec. 324. Establishment of Central Intelligence Agency standard workplace sex-
ual misconduct complaint investigation procedure. 
Sec. 325. Pay cap for diversity, equity, and inclusion staff and contract employ-
ees of the Central Intelligence Agency. 
TITLE IV—MATTERS CONCERNING FOREIGN COUNTRIES 
Subtitle A—People’s Republic of China 
Sec. 401. Intelligence community coordinator for accountability of atrocities of 
the People’s Republic of China. 
Sec. 402. Interagency working group and report on the malign efforts of the 
People’s Republic of China in Africa. 
Sec. 403. Amendment to requirement for annual assessment by intelligence 
community working group for monitoring the economic and 
technological capabilities of the People’s Republic of China. 
Sec. 404. Assessments of reciprocity in the relationship between the United 
States and the People’s Republic of China. 
Sec. 405. Annual briefing on intelligence community efforts to identify and 
mitigate Chinese Communist Party political influence oper-
ations and information warfare against the United States. 
Sec. 406. Assessment of threat posed to United States ports by cranes manu-
factured by countries of concern. 
Subtitle B—Russian Federation 
Sec. 411. Assessment of lessons learned by intelligence community with respect 
to conflict in Ukraine. 
Sec. 412. National intelligence estimate on long-term confrontation with Rus-
sia. 
Subtitle C—Other Foreign Countries 
Sec. 421. Report on efforts to capture and detain United States citizens as hos-
tages. 
Sec. 422. Sense of Congress on priority of fentanyl in National Intelligence Pri-
orities Framework. 
TITLE V—MATTERS PERTAINING TO UNITED STATES ECONOMIC 
AND EMERGING TECHNOLOGY COMPETITION WITH UNITED 
STATES ADVERSARIES 
Subtitle A—General Matters 
Sec. 501. Office of Global Competition Analysis. 
Sec. 502. Assignment of detailees from intelligence community to Department 
of Commerce. 
Sec. 503. Threats posed by information and communications technology and 
services transactions and other activities. 
Sec. 504. Revision of regulations defining sensitive national security property 
for Committee on Foreign Investment in the United States re-
views. 
Sec. 505. Support of intelligence community for export controls and other mis-
sions of the Department of Commerce. 
Sec. 506. Review regarding information collection and analysis with respect to 
economic competition. 
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Subtitle B—Next-generation Energy, Biotechnology, and Artificial Intelligence 
Sec. 511. Expanded annual assessment of economic and technological capabili-
ties of the People’s Republic of China. 
Sec. 512. Procurement of public utility contracts. 
Sec. 513. Assessment of using civil nuclear energy for intelligence community 
capabilities. 
Sec. 514. Policies established by Director of National Intelligence for artificial 
intelligence capabilities. 
Sec. 515. Strategy for submittal of notice by private persons to Federal agen-
cies regarding certain risks and threats relating to artificial in-
telligence. 
TITLE VI—WHISTLEBLOWER MATTERS 
Sec. 601. Submittal to Congress of complaints and information by whistle-
blowers in the intelligence community. 
Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal 
against whistleblower disclosure by employees and contractors 
in intelligence community. 
Sec. 603. Establishing process parity for adverse security clearance and access 
determinations. 
Sec. 604. Elimination of cap on compensatory damages for retaliatory revoca-
tion of security clearances and access determinations. 
Sec. 605. Modification and repeal of reporting requirements. 
TITLE VII—CLASSIFICATION REFORM 
Subtitle A—Classification Reform Act of 2023 
C
HAPTER1—SHORTTITLE; DEFINITIONS 
Sec. 701. Short title. 
Sec. 702. Definitions. 
C
HAPTER2—GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE 
S
ECURITYCLASSIFICATIONSYSTEM 
Sec. 711. Executive Agent for Classification and Declassification. 
Sec. 712. Executive Committee on Classification and Declassification Programs 
and Technology. 
Sec. 713. Advisory bodies for Executive Agent for Classification and Declas-
sification. 
Sec. 714. Information Security Oversight Office. 
C
HAPTER3—REDUCINGOVERCLASSIFICATION 
Sec. 721. Classification and declassification of information. 
Sec. 722. Declassification working capital funds. 
Sec. 723. Transparency officers. 
C
HAPTER4—PREVENTINGMISHANDLING OFCLASSIFIEDINFORMATION 
Sec. 731. Security review of certain records of the President and Vice Presi-
dent. 
Sec. 732. Mandatory counterintelligence risk assessments. 
Sec. 733. Minimum standards for Executive agency insider threat programs. 
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CHAPTER5—OTHERMATTERS 
Sec. 741. Prohibitions. 
Sec. 742. Conforming amendment. 
Sec. 743. Clerical amendment. 
Subtitle B—Sensible Classification Act of 2023 
Sec. 751. Short title. 
Sec. 752. Definitions. 
Sec. 753. Findings and sense of the Senate. 
Sec. 754. Classification authority. 
Sec. 755. Promoting efficient declassification review. 
Sec. 756. Training to promote sensible classification. 
Sec. 757. Improvements to Public Interest Declassification Board. 
Sec. 758. Implementation of technology for classification and declassification. 
Sec. 759. Studies and recommendations on necessity of security clearances. 
TITLE VIII—SECURITY CLEARANCE AND TRUSTED WORKFORCE 
Sec. 801. Review of shared information technology services for personnel vet-
ting. 
Sec. 802. Timeliness standard for rendering determinations of trust for per-
sonnel vetting. 
Sec. 803. Annual report on personnel vetting trust determinations. 
Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. 
Sec. 805. Prohibition on denial of eligibility for access to classified information 
solely because of past use of cannabis. 
TITLE IX—ANOMALOUS HEALTH INCIDENTS 
Sec. 901. Improved funding flexibility for payments made by the Central Intel-
ligence Agency for qualifying injuries to the brain. 
Sec. 902. Clarification of requirements to seek certain benefits relating to inju-
ries to the brain. 
Sec. 903. Intelligence community implementation of HAVANA Act of 2021 au-
thorities. 
Sec. 904. Report and briefing on Central Intelligence Agency handling of anom-
alous health incidents. 
TITLE X—ELECTION SECURITY 
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elec-
tions through Independent Testing Act of 2023. 
Sec. 1002. Protecting Ballot Measures from Foreign Influence Act of 2023. 
TITLE XI—OTHER MATTERS 
Sec. 1101. Modification of reporting requirement for All-domain Anomaly Reso-
lution Office. 
Sec. 1102. Modifications to notification on the provision of defense sensitive 
support. 
Sec. 1103. Modification of congressional oversight of special access programs. 
Sec. 1104. Funding limitations relating to unidentified anomalous phenomena. 
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SEC. 2. DEFINITIONS. 1
In this Act: 2
(1) C
ONGRESSIONAL INTELLIGENCE COMMIT -3
TEES.—The term ‘‘congressional intelligence com-4
mittees’’ has the meaning given such term in section 5
3 of the National Security Act of 1947 (50 U.S.C. 6
3003). 7
(2) I
NTELLIGENCE COMMUNITY .—The term 8
‘‘intelligence community’’ has the meaning given 9
such term in such section. 10
TITLE I—INTELLIGENCE 11
ACTIVITIES 12
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 13
Funds are hereby authorized to be appropriated for 14
fiscal year 2024 for the conduct of the intelligence and 15
intelligence-related activities of the Federal Government. 16
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 17
(a) S
PECIFICATIONS OF AMOUNTS.—The amounts 18
authorized to be appropriated under section 101 for the 19
conduct of the intelligence activities of the Federal Gov-20
ernment are those specified in the classified Schedule of 21
Authorizations prepared to accompany this Act. 22
(b) A
VAILABILITY OFCLASSIFIEDSCHEDULE OFAU-23
THORIZATIONS.— 24
(1) A
VAILABILITY.—The classified Schedule of 25
Authorizations referred to in subsection (a) shall be 26
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made available to the Committee on Appropriations 1
of the Senate, the Committee on Appropriations of 2
the House of Representatives, and to the President. 3
(2) D
ISTRIBUTION BY THE PRESIDENT .—Sub-4
ject to paragraph (3), the President shall provide for 5
suitable distribution of the classified Schedule of Au-6
thorizations referred to in subsection (a), or of ap-7
propriate portions of such Schedule, within the exec-8
utive branch of the Federal Government. 9
(3) L
IMITS ON DISCLOSURE .—The President 10
shall not publicly disclose the classified Schedule of 11
Authorizations or any portion of such Schedule ex-12
cept— 13
(A) as provided in section 601(a) of the 14
Implementing Recommendations of the 9/11 15
Commission Act of 2007 (50 U.S.C. 3306(a)); 16
(B) to the extent necessary to implement 17
the budget; or 18
(C) as otherwise required by law. 19
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC-20
COUNT. 21
(a) A
UTHORIZATION OFAPPROPRIATIONS.—There is 22
authorized to be appropriated for the Intelligence Commu-23
nity Management Account of the Director of National In-24
telligence for fiscal year 2024 the sum of $658,950,000. 25
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(b) CLASSIFIEDAUTHORIZATION OF APPROPRIA-1
TIONS.—In addition to amounts authorized to be appro-2
priated for the Intelligence Community Management Ac-3
count by subsection (a), there are authorized to be appro-4
priated for the Intelligence Community Management Ac-5
count for fiscal year 2024 such additional amounts as are 6
specified in the classified Schedule of Authorizations re-7
ferred to in section 102(a). 8
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND 9
BENEFITS AUTHORIZED BY LAW. 10
Appropriations authorized by this Act for salary, pay, 11
retirement, and other benefits for Federal employees may 12
be increased by such additional or supplemental amounts 13
as may be necessary for increases in such compensation 14
or benefits authorized by law. 15
TITLE II—CENTRAL INTEL-16
LIGENCE AGENCY RETIRE-17
MENT AND DISABILITY SYS-18
TEM 19
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 20
There is authorized to be appropriated for the Cen-21
tral Intelligence Agency Retirement and Disability Fund 22
$514,000,000 for fiscal year 2024. 23
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TITLE III—INTELLIGENCE 1
COMMUNITY MATTERS 2
Subtitle A—General Intelligence 3
Community Matters 4
SEC. 301. POST-GRADUATE EMPLOYMENT OF DEPARTMENT 5
OF DEFENSE CYBER AND DIGITAL SERVICE 6
ACADEMY SCHOLARSHIP RECIPIENTS IN IN-7
TELLIGENCE COMMUNITY. 8
Section 1535(d) of the James M. Inhofe National De-9
fense Authorization Act for Fiscal Year 2023 (Public Law 10
117–263) is amended by inserting ‘‘or of an element of 11
the intelligence community (as that term is defined in sec-12
tion 3 of the National Security Act of 1947 (50 U.S.C. 13
3003))’’ after ‘‘missions of the Department’’. 14
SEC. 302. PLAN TO RECRUIT, TRAIN, AND RETAIN PER-15
SONNEL WITH EXPERIENCE IN FINANCIAL IN-16
TELLIGENCE AND EMERGING TECH-17
NOLOGIES. 18
(a) I
NGENERAL.—Not later than 180 days after the 19
date of the enactment of this Act, the Director of National 20
Intelligence, in coordination with the heads of human cap-21
ital of the Central Intelligence Agency, the National Secu-22
rity Agency, and the Federal Bureau of Investigation, 23
shall submit to the congressional intelligence committees 24
a plan for the intelligence community to recruit, train, and 25
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retain personnel who have skills and experience in finan-1
cial intelligence and emerging technologies in order to im-2
prove analytic tradecraft. 3
(b) E
LEMENTS.—The plan required by subsection (a) 4
shall include the following elements: 5
(1) An assessment, including measurable bench-6
marks of progress, of current initiatives of the intel-7
ligence community to recruit, train, and retain per-8
sonnel who have skills and experience in financial in-9
telligence and emerging technologies. 10
(2) An assessment of whether personnel in the 11
intelligence community who have such skills are cur-12
rently well integrated into the analytical cadre of the 13
relevant elements of the intelligence community that 14
produce analyses with respect to financial intel-15
ligence and emerging technologies. 16
(3) An identification of challenges to hiring or 17
compensation in the intelligence community that 18
limit progress toward rapidly increasing the number 19
of personnel with such skills, and an identification of 20
hiring or other reforms to resolve such challenges. 21
(4) A determination of whether the National In-22
telligence University has the resources and expertise 23
necessary to train existing personnel in financial in-24
telligence and emerging technologies. 25
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(5) A strategy, including measurable bench-1
marks of progress, to, by January 1, 2025, increase 2
by 10 percent the analytical cadre of personnel with 3
expertise and previous employment in financial intel-4
ligence and emerging technologies. 5
SEC. 303. POLICY AND PERFORMANCE FRAMEWORK FOR 6
MOBILITY OF INTELLIGENCE COMMUNITY 7
WORKFORCE. 8
(a) I
NGENERAL.—Not later than 180 days after the 9
date of the enactment of this Act, the Director of National 10
Intelligence shall develop and implement a policy and per-11
formance framework to ensure the timely and effective 12
mobility of employees and contractors of the Federal Gov-13
ernment who are transferring employment between ele-14
ments of the intelligence community. 15
(b) E
LEMENTS.—The policy and performance frame-16
work required by subsection (a) shall include processes 17
with respect to the following: 18
(1) Human resources. 19
(2) Medical reviews. 20
(3) Determinations of suitability or eligibility 21
for access to classified information in accordance 22
with Executive Order 13467 (50 U.S.C. 3161 note; 23
relating to reforming processes related to suitability 24
for Government employment, fitness for contractor 25
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employees, and eligibility for access to classified na-1
tional security information). 2
SEC. 304. IN-STATE TUITION RATES FOR ACTIVE DUTY 3
MEMBERS OF THE INTELLIGENCE COMMU-4
NITY. 5
(a) I
NGENERAL.—Section 135(d) of the Higher 6
Education Act of 1965 (20 U.S.C. 1015d(d)), as amended 7
by section 6206(a)(4) of the Foreign Service Families Act 8
of 2021 (Public Law 117–81), is further amended— 9
(1) in paragraph (1), by striking ‘‘or’’ after the 10
semicolon; 11
(2) in paragraph (2), by striking the period at 12
the end and inserting ‘‘; or’’; and 13
(3) by adding at the end the following new 14
paragraph: 15
‘‘(3) a member of the intelligence community 16
(as defined in section 3 of the National Security Act 17
of 1947 (50 U.S.C. 3003)) (other than a member of 18
the Armed Forces of the United States) who is on 19
active duty for a period of more than 30 days.’’. 20
(b) E
FFECTIVEDATE.—The amendments made by 21
subsection (a) shall take effect at each public institution 22
of higher education in a State that receives assistance 23
under the Higher Education Act of 1965 (20 U.S.C. 1001 24
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et seq.) for the first period of enrollment at such institu-1
tion that begins after July 1, 2026. 2
SEC. 305. STANDARDS, CRITERIA, AND GUIDANCE FOR 3
COUNTERINTELLIGENCE VULNERABILITY AS-4
SESSMENTS AND SURVEYS. 5
Section 904(d)(7)(A) of the Counterintelligence En-6
hancement Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is 7
amended to read as follows: 8
‘‘(A) C
OUNTERINTELLIGENCE VULNER -9
ABILITY ASSESSMENTS AND SURVEYS .—To de-10
velop standards, criteria, and guidance for 11
counterintelligence risk assessments and sur-12
veys of the vulnerability of the United States to 13
intelligence threats, including with respect to 14
critical infrastructure and critical technologies, 15
in order to identify the areas, programs, and 16
activities that require protection from such 17
threats.’’. 18
SEC. 306. IMPROVING ADMINISTRATION OF CERTAIN POST- 19
EMPLOYMENT RESTRICTIONS FOR INTEL-20
LIGENCE COMMUNITY. 21
Section 304 of the National Security Act of 1947 (50 22
U.S.C. 3073a) is amended— 23
(1) in subsection (c)(1)— 24
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(A) by striking ‘‘A former’’ and inserting 1
the following: 2
‘‘(A) I
N GENERAL.—A former’’; and 3
(B) by adding at the end the following: 4
‘‘(B) P
RIOR DISCLOSURE TO DIRECTOR OF 5
NATIONAL INTELLIGENCE .— 6
‘‘(i) I
N GENERAL.—In the case of a 7
former employee who occupies a covered 8
post-service position in violation of sub-9
section (a), whether the former employee 10
voluntarily notified the Director of Na-11
tional Intelligence of the intent of the 12
former employee to occupy such covered 13
post-service position before occupying such 14
post-service position may be used in deter-15
mining whether the violation was knowing 16
and willful for purposes of subparagraph 17
(A). 18
‘‘(ii) P
ROCEDURES AND GUIDANCE .— 19
The Director of National Intelligence may 20
establish procedures and guidance relating 21
to the submittal of notice for purposes of 22
clause (i).’’; and 23
(2) in subsection (d)— 24
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(A) in paragraph (1), by inserting ‘‘the re-1
strictions under subsection (a) and’’ before ‘‘the 2
report requirements’’; 3
(B) in paragraph (2), by striking ‘‘ceases 4
to occupy’’ and inserting ‘‘occupies’’; and 5
(C) in paragraph (3)(B), by striking ‘‘be-6
fore the person ceases to occupy a covered intel-7
ligence position’’ and inserting ‘‘when the per-8
son occupies a covered intelligence position’’. 9
SEC. 307. MISSION OF THE NATIONAL COUNTERINTEL-10
LIGENCE AND SECURITY CENTER. 11
(a) I
NGENERAL.—Section 904 of the Counterintel-12
ligence Enhancement Act of 2002 (50 U.S.C. 3383) is 13
amended— 14
(1) by redesignating subsections (d) through (i) 15
as subsections (e) through (j), respectively; and 16
(2) by inserting after subsection (c) the fol-17
lowing: 18
‘‘(d) M
ISSION.—The mission of the National Coun-19
terintelligence and Security Center shall include orga-20
nizing and leading strategic planning for counterintel-21
ligence activities of the United States Government by inte-22
grating instruments of national power as needed to 23
counter foreign intelligence activities.’’. 24
(b) C
ONFORMINGAMENDMENTS.— 25
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(1) COUNTERINTELLIGENCE ENHANCEMENT 1
ACT OF 2002.—Section 904 of the Counterintel-2
ligence Enhancement Act of 2002 (50 U.S.C. 3383) 3
is amended— 4
(A) in subsection (e), as redesignated by 5
subsection (a)(1), by striking ‘‘Subject to sub-6
section (e)’’ both places it appears and inserting 7
‘‘Subject to subsection (f)’’; and 8
(B) in subsection (f), as so redesignated— 9
(i) in paragraph (1), by striking ‘‘sub-10
section (d)(1)’’ and inserting ‘‘subsection 11
(e)(1)’’; and 12
(ii) in paragraph (2), by striking 13
‘‘subsection (d)(2)’’ and inserting ‘‘sub-14
section (e)(2)’’. 15
(2) C
OUNTERINTELLIGENCE AND SECURITY EN -16
HANCEMENTS ACT OF 1994	.—Section 17
811(d)(1)(B)(ii) of the Counterintelligence and Se-18
curity Enhancements Act of 1994 (50 U.S.C. 19
3381(d)(1)(B)(ii)) is amended by striking ‘‘section 20
904(d)(2) of that Act (50 U.S.C. 3383(d)(2))’’ and 21
inserting ‘‘section 904(e)(2) of that Act (50 U.S.C. 22
3383(e)(2))’’. 23
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SEC. 308. PROHIBITION RELATING TO TRANSPORT OF INDI-1
VIDUALS DETAINED AT UNITED STATES 2
NAVAL STATION, GUANTANAMO BAY, CUBA. 3
(a) D
EFINITION OF INDIVIDUALDETAINED AT 4
G
UANTANAMO.—In this section, the term ‘‘individual de-5
tained at Guantanamo’’ has the meaning given that term 6
in section 1034(f)(2) of the National Defense Authoriza-7
tion Act for Fiscal Year 2016 (Public Law 114–92; 129 8
Stat. 971; 10 U.S.C. 801 note). 9
(b) P
ROHIBITION ONCHARTERINGPRIVATE ORCOM-10
MERCIALAIRCRAFT TOTRANSPORTINDIVIDUALSDE-11
TAINED ATUNITEDSTATESNAVALSTATION, GUANTA-12
NAMOBAY, CUBA.—No head of an element of the intel-13
ligence community may charter any private or commercial 14
aircraft to transport an individual who is or was an indi-15
vidual detained at Guantanamo. 16
SEC. 309. DEPARTMENT OF ENERGY REVIEW OF CERTAIN 17
FOREIGN VISITORS AND ASSIGNEES TO NA-18
TIONAL LABORATORIES. 19
(a) D
EFINITIONS.—In this section: 20
(1) A
PPROPRIATE COMMITTEES OF CON -21
GRESS.—The term ‘‘appropriate committees of Con-22
gress’’ means— 23
(A) the Select Committee on Intelligence of 24
the Senate; 25
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(B) the Committee on Energy and Natural 1
Resources of the Senate; 2
(C) the Permanent Select Committee on 3
Intelligence of the House of Representatives; 4
and 5
(D) the Committee on Energy and Com-6
merce of the House of Representatives. 7
(2) D
IRECTOR.—The term ‘‘Director’’ means 8
the Director of the Office of Intelligence and Coun-9
terintelligence of the Department of Energy (or a 10
designee). 11
(3) F
OREIGN NATIONAL.—The term ‘‘foreign 12
national’’ has the meaning given the term ‘‘alien’’ in 13
section 101(a) of the Immigration and Nationality 14
Act (8 U.S.C. 1101(a)). 15
(4) N
ATIONAL LABORATORY .—The term ‘‘Na-16
tional Laboratory’’ has the meaning given the term 17
in section 2 of the Energy Policy Act of 2005 (42 18
U.S.C. 15801). 19
(5) S
ENSITIVE COUNTRY.—The term ‘‘sensitive 20
country’’ means a country to which particular con-21
sideration is given for policy reasons during the De-22
partment of Energy internal review and approval 23
process for visits by, and assignments of, foreign na-24
tionals to National Laboratories. 25
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(6) SENSITIVE COUNTRY NATIONAL .—The term 1
‘‘sensitive country national’’ means a foreign na-2
tional who was born in, is a citizen of, or is em-3
ployed by a government, employer, institution, or or-4
ganization of, a sensitive country. 5
(7) S
ENSITIVE COUNTRY VISITOR OR AS -6
SIGNEE.— 7
(A) I
N GENERAL.—The term ‘‘sensitive 8
country visitor or assignee’’ means a visitor or 9
assignee who is a sensitive country national. 10
(B) A
SSOCIATED DEFINITIONS.—For pur-11
poses of this paragraph: 12
(i) A
SSIGNEE.—The term ‘‘assignee’’ 13
means an individual who is seeking ap-14
proval from, or has been approved by, a 15
National Laboratory to access the prem-16
ises, information, or technology of the Na-17
tional Laboratory for a period of more 18
than 30 consecutive calendar days. 19
(ii) V
ISITOR.—The term ‘‘visitor’’ 20
mans an individual who is seeking approval 21
from, or has been approved by, a National 22
Laboratory to access the premises, infor-23
mation, or technology of the National Lab-24
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oratory for any period other than a period 1
described in clause (i). 2
(b) R
ECOMMENDATIONS WITHRESPECT TOSEN-3
SITIVECOUNTRYVISITORS ORASSIGNEES.— 4
(1) N
OTIFICATION AND RECOMMENDATION RE -5
QUIREMENT.—On determination that a proposed 6
sensitive country visitor or assignee poses a counter-7
intelligence risk to a National Laboratory, the Direc-8
tor shall— 9
(A) notify the National Laboratory of the 10
determination; and 11
(B) provide a recommendation to the Na-12
tional Laboratory on whether to grant or deny 13
the proposed sensitive country visitor or as-14
signee access to the premises, information, or 15
technology of the National Laboratory. 16
(2) P
ROHIBITION.—A National Laboratory may 17
not allow a sensitive country visitor or assignee that 18
the Director has identified as a counterintelligence 19
risk under paragraph (1) to have any access to the 20
premises, information, or technology of the National 21
Laboratory until the Director has submitted the no-22
tification and recommendation to the National Lab-23
oratory as described in paragraph (1). 24
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(3) APPLICATION TO OTHER NATIONAL LAB -1
ORATORIES.—If the Director makes a recommenda-2
tion under paragraph (1) that a sensitive country 3
visitor or assignee should not be granted access to 4
the premises, information, or technology of a Na-5
tional Laboratory— 6
(A) the Director shall notify each National 7
Laboratory of that recommendation; and 8
(B) that recommendation shall apply to 9
each National Laboratory with respect to that 10
sensitive country visitor or assignee. 11
(c) N
OTIFICATION TODIRECTOR.— 12
(1) I
N GENERAL.—After receiving a rec-13
ommendation to deny access under subsection 14
(b)(1)(B), a National Laboratory shall submit to the 15
Director a notification of the decision of the Na-16
tional Laboratory to grant or deny access to the 17
premises, information, or technology of the National 18
Laboratory to the sensitive country visitor or as-19
signee that is the subject of the recommendation. 20
(2) T
IMING.—If a National Laboratory decides 21
to grant access to a sensitive country visitor or as-22
signee despite a recommendation to deny access, the 23
notification under paragraph (1) shall be submitted 24
to the Director before the sensitive country visitor or 25
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assignee is granted access to the premises, informa-1
tion, or technology of the National Laboratory. 2
(d) R
EPORTS TOCONGRESS.— 3
(1) I
N GENERAL.—The Director shall submit to 4
the appropriate committees of Congress an unclassi-5
fied quarterly report listing each instance in which 6
a National Laboratory indicates in a notification 7
submitted under subsection (c)(1) that the National 8
Laboratory has decided to grant a sensitive country 9
visitor or assignee access to the premises, informa-10
tion, or technology of the National Laboratory. 11
(2) R
EQUIREMENT.—Each quarterly report 12
under paragraph (1) shall include the recommenda-13
tion of the Director under subsection (b)(1)(B) with 14
respect to the applicable sensitive country visitor or 15
assignee. 16
SEC. 310. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE 17
COMMUNITY RISK ASSESSMENTS. 18
(a) R
ISKASSESSMENTDOCUMENTS AND MATE-19
RIALS.—Except as provided in subsection (b), whenever 20
an element of the intelligence community conducts a risk 21
assessment arising from the mishandling or improper dis-22
closure of classified information, the Director of National 23
Intelligence shall, not later than 30 days after the date 24
of the commencement of such risk assessment— 25
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(1) submit to the congressional intelligence 1
committees copies of such documents and materials 2
as are— 3
(A) within the jurisdiction of such commit-4
tees; and 5
(B) subject to the risk assessment; and 6
(2) provide such committees a briefing on such 7
documents, materials, and risk assessment. 8
(b) E
XCEPTION.—If the Director determines, with re-9
spect to a risk assessment described in subsection (a), that 10
the documents and other materials otherwise subject to 11
paragraph (1) of such subsection (a) are of such a volume 12
that submittal pursuant to such paragraph would be im-13
practicable, the Director shall— 14
(1) in lieu of submitting copies of such docu-15
ments and materials, submit a log of such docu-16
ments and materials; and 17
(2) pursuant to a request by the Select Com-18
mittee on Intelligence of the Senate or the Perma-19
nent Select Committee on Intelligence of the House 20
of Representatives for a copy of a document or ma-21
terial included in such log, submit to such committee 22
such copy. 23
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SEC. 311. INSPECTOR GENERAL REVIEW OF DISSEMINA-1
TION BY FEDERAL BUREAU OF INVESTIGA-2
TION RICHMOND, VIRGINIA, FIELD OFFICE 3
OF CERTAIN DOCUMENT. 4
(a) R
EVIEWREQUIRED.—Not later than 120 days 5
after the date of the enactment of this Act, the Inspector 6
General of the Department of Justice shall conduct a re-7
view of the actions and events, including any underlying 8
policy direction, that served as a basis for the January 9
23, 2023, dissemination by the field office of the Federal 10
Bureau of Investigation located in Richmond, Virginia, of 11
a document titled ‘‘Interest of Racially or Ethnically Moti-12
vated Violent Extremists in Radical-Traditionalist Catho-13
lic Ideology Almost Certainly Presents New Mitigation 14
Opportunities.’’. 15
(b) S
UBMITTAL TOCONGRESS.—The Inspector Gen-16
eral of the Department of Justice shall submit to the con-17
gressional intelligence committees the findings of the In-18
spector General with respect to the review required by sub-19
section (a). 20
SEC. 312. OFFICE OF INTELLIGENCE AND ANALYSIS. 21
Section 201 of the Homeland Security Act of 2002 22
(6 U.S.C. 121) is amended by adding at the end the fol-23
lowing: 24
‘‘(h) P
ROHIBITION.— 25
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‘‘(1) DEFINITION.—In this subsection, the term 1
‘United States person’ means a United States cit-2
izen, an alien known by the Office of Intelligence 3
and Analysis to be a permanent resident alien, an 4
unincorporated association substantially composed of 5
United States citizens or permanent resident aliens, 6
or a corporation incorporated in the United States, 7
except for a corporation directed and controlled by 8
1 or more foreign governments. 9
‘‘(2) C
OLLECTION OF INFORMATION FROM 10
UNITED STATES PERSONS .— 11
‘‘(A) I
N GENERAL.—Notwithstanding any 12
other provision of law, the Office of Intelligence 13
and Analysis may not engage in the collection 14
of information or intelligence targeting any 15
United States person except as provided in sub-16
paragraph (B). 17
‘‘(B) E
XCEPTION.—Subparagraph (A) 18
shall not apply to any employee, officer, or con-19
tractor of the Office of Intelligence and Anal-20
ysis who is responsible for collecting informa-21
tion from individuals working for a State, local, 22
or Tribal territory government or a private em-23
ployer.’’. 24
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Subtitle B—Central Intelligence 1
Agency 2
SEC. 321. PROTECTION OF CENTRAL INTELLIGENCE AGEN-3
CY FACILITIES AND ASSETS FROM UN-4
MANNED AIRCRAFT. 5
The Central Intelligence Agency Act of 1949 (50 6
U.S.C. 3501 et seq.) is amended by inserting after section 7
15 the following new section: 8
‘‘SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND AS-9
SETS FROM UNMANNED AIRCRAFT. 10
‘‘(a) D
EFINITIONS.—In this section: 11
‘‘(1) B
UDGET.—The term ‘budget’, with respect 12
to a fiscal year, means the budget for that fiscal 13
year that is submitted to Congress by the President 14
under section 1105(a) of title 31, United States 15
Code. 16
‘‘(2) C
ONGRESSIONAL INTELLIGENCE COMMIT -17
TEES.—The term ‘congressional intelligence commit-18
tees’ has the meaning given such term in section 3 19
of the National Security Act of 1947 (50 U.S.C. 20
3003). 21
‘‘(3) C
ONGRESSIONAL JUDICIARY COMMIT -22
TEES.—The term ‘congressional judiciary commit-23
tees’ means— 24
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‘‘(A) the Committee on the Judiciary of 1
the Senate; and 2
‘‘(B) the Committee on the Judiciary of 3
the House of Representatives. 4
‘‘(4) C
ONGRESSIONAL TRANSPORTATION AND 5
INFRASTRUCTURE COMMITTEES .—The term ‘con-6
gressional transportation and infrastructure commit-7
tees’ means— 8
‘‘(A) the Committee on Commerce, 9
Science, and Transportation of the Senate; and 10
‘‘(B) the Committee on Transportation 11
and Infrastructure of the House of Representa-12
tives. 13
‘‘(5) C
OVERED FACILITY OR ASSET .—The term 14
‘covered facility or asset’ means the headquarters 15
compound of the Agency and the property controlled 16
and occupied by the Federal Highway Administra-17
tion located immediately adjacent to such compound 18
(subject to a risk-based assessment as defined for 19
purposes of this section), or any other installation 20
and protected property of the Agency where the fa-21
cility or asset— 22
‘‘(A) is identified as high risk and a poten-23
tial target for unlawful unmanned aircraft ac-24
tivity by the Director, in coordination with the 25
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Secretary of Transportation, with respect to po-1
tentially affected airspace, through a risk-based 2
assessment for purposes of this section; 3
‘‘(B) is located in the United States; and 4
‘‘(C) directly relates to one or more func-5
tions authorized to be performed by the Agency, 6
pursuant to the National Security Act of 1947 7
(50 U.S.C. 3001 et seq.) or this Act. 8
‘‘(6) E
LECTRONIC COMMUNICATION .—The term 9
‘electronic communication’ has the meaning given 10
such term in section 2510 of title 18, United States 11
Code. 12
‘‘(7) I
NTERCEPT.—The term ‘intercept’ has the 13
meaning given such term in section 2510 of title 18, 14
United States Code. 15
‘‘(8) R
ADIO COMMUNICATION .—The term ‘radio 16
communication’ has the meaning given that term in 17
section 3 of the Communications Act of 1934 (47 18
U.S.C. 153). 19
‘‘(9) R
ISK-BASED ASSESSMENT .—The term 20
‘risk-based assessment’ includes an evaluation of 21
threat information specific to a covered facility or 22
asset and, with respect to potential effects on the 23
safety and efficiency of the national airspace system 24
and the needs of national security at each covered 25
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facility or asset identified by the Director, an evalua-1
tion of each of the following factors: 2
‘‘(A) Potential effects on safety, efficiency, 3
and use of the national airspace system, includ-4
ing potential effects on manned aircraft and un-5
manned aircraft systems, aviation safety, air-6
port operations, infrastructure, and air naviga-7
tion services relating to the use of any system 8
or technology for carrying out the actions de-9
scribed in subsection (c)(1). 10
‘‘(B) Options for mitigating any identified 11
effects on the national airspace system relating 12
to the use of any system or technology, includ-13
ing minimizing when possible the use of any 14
system or technology that disrupts the trans-15
mission of radio or electronic signals, for car-16
rying out the actions described in subsection 17
(c)(1). 18
‘‘(C) Potential consequences of any actions 19
taken under subsection (c)(1) to the national 20
airspace system and infrastructure, if not miti-21
gated. 22
‘‘(D) The ability to provide reasonable ad-23
vance notice to aircraft operators consistent 24
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with the safety of the national airspace system 1
and the needs of national security. 2
‘‘(E) The setting and character of any cov-3
ered facility or asset, including whether it is lo-4
cated in a populated area or near other struc-5
tures, and any potential for interference with 6
wireless communications or for injury or dam-7
age to persons or property. 8
‘‘(F) Potential consequences to national se-9
curity if threats posed by unmanned aircraft 10
systems or unmanned aircraft are not mitigated 11
or defeated. 12
‘‘(10) O
RAL COMMUNICATION .—The term ‘oral 13
communication’ has the meaning given such term in 14
section 2510 of title 18, United States Code. 15
‘‘(11) U
NITED STATES.—The term ‘United 16
States’ has the meaning given such term in section 17
5 of title 18, United States Code. 18
‘‘(12) U
NMANNED AIRCRAFT AND UNMANNED 19
AIRCRAFT SYSTEM.—The terms ‘unmanned aircraft’ 20
and ‘unmanned aircraft system’ have the meanings 21
given such terms in section 44801 of title 49, United 22
States Code. 23
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‘‘(13) WIRE COMMUNICATION.—The term ‘wire 1
communication’ has the meaning given such term in 2
section 2510 of title 18, United States Code. 3
‘‘(b) A
UTHORITY.—Notwithstanding section 46502 of 4
title 49, United States Code, section 32, 1030, or 1367 5
of title 18, United States Code, or chapter 119 or 206 6
of such title, the Director may take, and may authorize 7
personnel of the Agency with assigned duties that include 8
the security or protection of people, facilities, or assets 9
within the United States, to take— 10
‘‘(1) such actions described in subsection (c)(1) 11
that are necessary to detect, identify, monitor, track, 12
or mitigate a credible threat (as defined by the Di-13
rector, in consultation with the Secretary of Trans-14
portation) that an unmanned aircraft system or un-15
manned aircraft poses to the safety or security of a 16
covered facility or asset; and 17
‘‘(2) such actions described in subsection (c)(2). 18
‘‘(c) A
CTIONS.— 19
‘‘(1) A
CTIONS DESCRIBED .—The actions de-20
scribed in this paragraph are the following: 21
‘‘(A) During the operation of the un-22
manned aircraft system, detect, identify, mon-23
itor, and track the unmanned aircraft system or 24
unmanned aircraft, without prior consent, in-25
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cluding by means of intercept or other access of 1
a wire communication, an oral communication, 2
or an electronic communication used to control 3
the unmanned aircraft system or unmanned air-4
craft. 5
‘‘(B) Warn the operator of the unmanned 6
aircraft system or unmanned aircraft, including 7
by doing so passively or actively, and by direct 8
or indirect physical, electronic, radio, and elec-9
tromagnetic means. 10
‘‘(C) Disrupt control of the unmanned air-11
craft system or unmanned aircraft, without 12
prior consent, including by disabling the un-13
manned aircraft system or unmanned aircraft 14
by intercepting, interfering with, or causing in-15
terference with wire, oral, electronic, or radio 16
communications used to control the unmanned 17
aircraft system or unmanned aircraft. 18
‘‘(D) Seize or exercise control of the un-19
manned aircraft system or unmanned aircraft. 20
‘‘(E) Seize or otherwise confiscate the un-21
manned aircraft system or unmanned aircraft. 22
‘‘(F) Use reasonable force, if necessary, to 23
seize or otherwise disable, damage, or destroy 24
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the unmanned aircraft system or unmanned air-1
craft. 2
‘‘(2) R
ESEARCH, TESTING, TRAINING, AND 3
EVALUATION.—The Director shall conduct research, 4
testing, and training on, and evaluation of, any 5
equipment, including any electronic equipment, to 6
determine the capability and utility of the equipment 7
prior to the use of the equipment for any action de-8
scribed in paragraph (1). Personnel and contractors 9
who do not have duties that include the safety, secu-10
rity, or protection of people, facilities, or assets may 11
engage in research, testing, training, and evaluation 12
activities pursuant to this section. 13
‘‘(3) C
OORDINATION.— 14
‘‘(A) S
ECRETARY OF TRANSPORTATION .— 15
The Director shall develop the actions described 16
in paragraph (1) in coordination with the Sec-17
retary of Transportation. 18
‘‘(B) A
DMINISTRATOR OF FEDERAL AVIA -19
TION ADMINISTRATION.—The Director shall co-20
ordinate with the Administrator of the Federal 21
Aviation Administration on any action described 22
in paragraphs (1) and (3) so the Administrator 23
may ensure that unmanned aircraft system de-24
tection and mitigation systems do not adversely 25
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affect or interfere with safe airport operations, 1
navigation, air traffic services, or the safe and 2
efficient operation of the national airspace sys-3
tem. 4
‘‘(d) F
ORFEITURE.—Any unmanned aircraft system 5
or unmanned aircraft described in subsection (b) that is 6
seized by the Director is subject to forfeiture to the United 7
States. 8
‘‘(e) R
EGULATIONS ANDGUIDANCE.— 9
‘‘(1) I
SSUANCE.—The Director and the Sec-10
retary of Transportation may each prescribe regula-11
tions, and shall each issue guidance, to carry out 12
this section. 13
‘‘(2) C
OORDINATION.— 14
‘‘(A) R
EQUIREMENT.—The Director shall 15
coordinate the development of guidance under 16
paragraph (1) with the Secretary of Transpor-17
tation. 18
‘‘(B) A
VIATION SAFETY.—The Director 19
shall coordinate with the Secretary of Transpor-20
tation and the Administrator of the Federal 21
Aviation Administration before issuing any 22
guidance, or otherwise implementing this sec-23
tion, so the Administrator may ensure that un-24
manned aircraft system detection and mitiga-25
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tion systems do not adversely affect or interfere 1
with safe airport operations, navigation, air 2
traffic services, or the safe and efficient oper-3
ation of the national airspace system. 4
‘‘(f) P
RIVACYPROTECTION.—The regulations pre-5
scribed or guidance issued under subsection (e) shall en-6
sure that— 7
‘‘(1) the interception or acquisition of, access 8
to, or maintenance or use of, communications to or 9
from an unmanned aircraft system or unmanned air-10
craft under this section is conducted in a manner 11
consistent with the First and Fourth Amendments 12
to the Constitution of the United States and applica-13
ble provisions of Federal law; 14
‘‘(2) communications to or from an unmanned 15
aircraft system or unmanned aircraft are intercepted 16
or acquired only to the extent necessary to support 17
an action described in subsection (c); 18
‘‘(3) records of such communications are main-19
tained only for as long as necessary, and in no event 20
for more than 180 days, unless the Director deter-21
mines that maintenance of such records for a longer 22
period is required under Federal law or necessary 23
for the investigation or prosecution of a violation of 24
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law, to fulfill a duty, responsibility, or function of 1
the Agency, or for the purpose of any litigation; 2
‘‘(4) such communications are not disclosed 3
outside the Agency unless the disclosure— 4
‘‘(A) is necessary to investigate or pros-5
ecute a violation of law; 6
‘‘(B) would support the Agency, the De-7
partment of Defense, a Federal law enforce-8
ment, intelligence, or security agency, or a 9
State, local, tribal, or territorial law enforce-10
ment agency, or other relevant person or entity 11
if such entity or person is engaged in a security 12
or protection operation; 13
‘‘(C) is necessary to support a department 14
or agency listed in subparagraph (B) in inves-15
tigating or prosecuting a violation of law; 16
‘‘(D) would support the enforcement activi-17
ties of a regulatory agency of the Federal Gov-18
ernment in connection with a criminal or civil 19
investigation of, or any regulatory, statutory, or 20
other enforcement action relating to, an action 21
described in subsection (c) that is necessary to 22
fulfill a duty, responsibility, or function of the 23
Agency; 24
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‘‘(E) is necessary to protect against dan-1
gerous or unauthorized activity by unmanned 2
aircraft systems or unmanned aircraft; 3
‘‘(F) is necessary to fulfill a duty, respon-4
sibility, or function of the Agency; or 5
‘‘(G) is otherwise required by law. 6
‘‘(g) B
UDGET.— 7
‘‘(1) I
N GENERAL.—The Director shall submit 8
to the congressional intelligence committees, as a 9
part of the budget requests of the Agency for each 10
fiscal year after fiscal year 2024, a consolidated 11
funding display that identifies the funding source for 12
the actions described in subsection (c)(1) within the 13
Agency. 14
‘‘(2) F
ORM.—The funding display shall be in 15
unclassified form, but may contain a classified 16
annex. 17
‘‘(h) S
EMIANNUAL BRIEFINGS AND NOTIFICA-18
TIONS.— 19
‘‘(1) B
RIEFINGS.—Not later than 180 days 20
after the date of the enactment of this section, and 21
semiannually thereafter, the Director shall provide 22
the congressional intelligence committees, the con-23
gressional judiciary committees, and the congres-24
sional transportation and infrastructure committees 25
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a briefing on the activities carried out pursuant to 1
this section during the period covered by the brief-2
ing. 3
‘‘(2) R
EQUIREMENT.—Each briefing under 4
paragraph (1) shall be conducted jointly with the 5
Secretary of Transportation. 6
‘‘(3) C
ONTENTS.—Each briefing under para-7
graph (1) shall include the following: 8
‘‘(A) Policies, programs, and procedures to 9
mitigate or eliminate effects of such activities 10
on the national airspace system and other crit-11
ical national transportation infrastructure. 12
‘‘(B) A description of instances in which 13
actions described in subsection (c)(1) have been 14
taken, including all such instances that may 15
have resulted in harm, damage, or loss to a per-16
son or to private property. 17
‘‘(C) A description of the guidance, poli-18
cies, or procedures established to address pri-19
vacy, civil rights, and civil liberties issues impli-20
cated by the actions allowed under this section, 21
as well as any changes or subsequent efforts 22
that would significantly affect privacy, civil 23
rights, or civil liberties. 24
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‘‘(D) A description of options considered 1
and steps taken to mitigate any identified ef-2
fects on the national airspace system relating to 3
the use of any system or technology, including 4
the minimization of the use of any technology 5
that disrupts the transmission of radio or elec-6
tronic signals, for carrying out the actions de-7
scribed in subsection (c)(1). 8
‘‘(E) A description of instances in which 9
communications intercepted or acquired during 10
the course of operations of an unmanned air-11
craft system or unmanned aircraft were main-12
tained for more than 180 days or disclosed out-13
side the Agency. 14
‘‘(F) How the Director and the Secretary 15
of Transportation have informed the public as 16
to the possible use of authorities under this sec-17
tion. 18
‘‘(G) How the Director and the Secretary 19
of Transportation have engaged with Federal, 20
State, local, territorial, or tribal law enforce-21
ment agencies to implement and use such au-22
thorities. 23
‘‘(H) An assessment of whether any gaps 24
or insufficiencies remain in laws, regulations, 25
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and policies that impede the ability of the Agen-1
cy to counter the threat posed by the malicious 2
use of unmanned aircraft systems or unmanned 3
aircraft, and any recommendations to remedy 4
such gaps or insufficiencies. 5
‘‘(4) F
ORM.—Each briefing under paragraph 6
(1) shall be in unclassified form, but may be accom-7
panied by an additional classified report. 8
‘‘(5) N
OTIFICATIONS.— 9
‘‘(A) C
OVERED FACILITIES AND ASSETS .— 10
Not later than 30 days before exercising any 11
authority under this section at a covered facility 12
or asset for the first time doing so at such cov-13
ered facility or asset, the Director shall submit 14
to the congressional intelligence committees— 15
‘‘(i) notice that the Director intends 16
to exercise authority under this section at 17
such covered facility or asset; and 18
‘‘(ii) a list of every covered facility 19
and asset. 20
‘‘(B) D
EPLOYMENT OF NEW TECH -21
NOLOGIES.— 22
‘‘(i) I
N GENERAL.—Not later than 30 23
days after deploying any new technology to 24
carry out the actions described in sub-25
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section (c)(1), the Director shall submit to 1
the congressional intelligence committees a 2
notification of the use of such technology. 3
‘‘(ii) C
ONTENTS.—Each notice sub-4
mitted pursuant to clause (i) shall include 5
a description of options considered to miti-6
gate any identified effects on the national 7
airspace system relating to the use of any 8
system or technology, including the mini-9
mization of the use of any technology that 10
disrupts the transmission of radio or elec-11
tronic signals, for carrying out the actions 12
described in subsection (c)(1). 13
‘‘(i) R
ULE OFCONSTRUCTION.—Nothing in this sec-14
tion may be construed— 15
‘‘(1) to vest in the Director any authority of the 16
Secretary of Transportation or the Administrator of 17
the Federal Aviation Administration; or 18
‘‘(2) to vest in the Secretary of Transportation 19
or the Administrator of the Federal Aviation Admin-20
istration any authority of the Director. 21
‘‘(j) S
COPE OFAUTHORITY.—Nothing in this section 22
shall be construed to provide the Director or the Secretary 23
of Transportation with additional authorities beyond those 24
described in subsections (b) and (d). 25
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‘‘(k) TERMINATION.— 1
‘‘(1) I
N GENERAL.—The authority to carry out 2
this section with respect to the actions specified in 3
subparagraphs (B) through (F) of subsection (c)(1) 4
shall terminate on the date that is 10 years after the 5
date of enactment of the Intelligence Authorization 6
Act for Fiscal Year 2024. 7
‘‘(2) E
XTENSION.—The President may extend 8
by 1 year the termination date specified in para-9
graph (1) if, before termination, the President cer-10
tifies to Congress that such extension is in the na-11
tional security interests of the United States.’’. 12
SEC. 322. CHANGE TO PENALTIES AND INCREASED AVAIL-13
ABILITY OF MENTAL HEALTH TREATMENT 14
FOR UNLAWFUL CONDUCT ON CENTRAL IN-15
TELLIGENCE AGENCY INSTALLATIONS. 16
Section 15(b) of the Central Intelligence Agency Act 17
of 1949 (50 U.S.C. 3515(b)) is amended, in the second 18
sentence, by striking ‘‘those specified in section 1315(c)(2) 19
of title 40, United States Code’’ and inserting ‘‘the max-20
imum penalty authorized for a Class B misdemeanor 21
under section 3559 of title 18, United States Code’’. 22
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SEC. 323. MODIFICATIONS TO PROCUREMENT AUTHORI-1
TIES OF THE CENTRAL INTELLIGENCE AGEN-2
CY. 3
Section 3 of the Central Intelligence Agency Act of 4
1949 (50 U.S.C. 3503) is amended— 5
(1) in subsection (a), by striking ‘‘sections’’ and 6
all that follows through ‘‘session)’’ and inserting 7
‘‘sections 3201, 3203, 3204, 3206, 3207, 3302 8
through 3306, 3321 through 3323, 3801 through 9
3808, 3069, 3134, 3841, and 4752 of title 10, 10
United States Code’’ and 11
(2) in subsection (d), by striking ‘‘in para-12
graphs’’ and all that follows through ‘‘1947’’ and in-13
serting ‘‘in sections 3201 through 3204 of title 10, 14
United States Code, shall not be delegable. Each de-15
termination or decision required by sections 3201 16
through 3204, 3321 through 3323, and 3841 of title 17
10, United States Code’’. 18
SEC. 324. ESTABLISHMENT OF CENTRAL INTELLIGENCE 19
AGENCY STANDARD WORKPLACE SEXUAL 20
MISCONDUCT COMPLAINT INVESTIGATION 21
PROCEDURE. 22
(a) W
ORKPLACESEXUALMISCONDUCTDEFINED.— 23
The term ‘‘workplace sexual misconduct’’— 24
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(1) means unwelcome sexual advances, requests 1
for sexual favors, and other verbal or physical con-2
duct of a sexual nature when— 3
(A) submission to such conduct is made ei-4
ther explicitly or implicitly a term or condition 5
of an individual’s employment; 6
(B) submission to or rejection of such con-7
duct by an individual is used as the basis for 8
employment decisions affecting such individual; 9
or 10
(C) such conduct has the purpose or effect 11
of unreasonably interfering with an individual’s 12
work performance or creating an intimidating, 13
hostile, or offensive working environment; and 14
(2) includes sexual harassment and sexual as-15
sault. 16
(b) S
TANDARDCOMPLAINTINVESTIGATIONPROCE-17
DURE.—Not later than 90 days after the date of the en-18
actment of this Act, the Director of the Central Intel-19
ligence Agency shall— 20
(1) establish a standard workplace sexual mis-21
conduct complaint investigation procedure; 22
(2) implement the standard workplace sexual 23
misconduct complaint investigation procedure 24
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through clear workforce communication and edu-1
cation on the procedure; and 2
(3) submit the standard workplace sexual mis-3
conduct complaint investigation procedure to the 4
congressional intelligence committees. 5
(c) M
INIMUMREQUIREMENTS.—The procedure es-6
tablished pursuant to subsection (b)(1) shall, at a min-7
imum— 8
(1) identify the individuals and offices of the 9
Central Intelligence Agency to which an employee of 10
the Agency may bring a complaint of workplace sex-11
ual misconduct; 12
(2) detail the steps each individual or office 13
identified pursuant to paragraph (1) shall take upon 14
receipt of a complaint of workplace sexual mis-15
conduct and the timeframes within which those steps 16
shall be taken, including— 17
(A) documentation of the complaint; 18
(B) referral or notification to another indi-19
vidual or office; 20
(C) measures to document or preserve wit-21
ness statements or other evidence; and 22
(D) preliminary investigation of the com-23
plaint; 24
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(3) set forth standard criteria for determining 1
whether a complaint of workplace sexual misconduct 2
will be referred to law enforcement and the time-3
frame within which such a referral shall occur; and 4
(4) for any complaint not referred to law en-5
forcement, set forth standard criteria for deter-6
mining— 7
(A) whether a complaint has been substan-8
tiated; and 9
(B) for any substantiated complaint, the 10
appropriate disciplinary action. 11
(d) A
NNUALREPORTS.—On or before April 30 of 12
each year, the Director shall submit to the congressional 13
intelligence committees an annual report that includes, for 14
the preceding calendar year, the following: 15
(1) The number of workplace sexual misconduct 16
complaints brought to each individual or office of the 17
Central Intelligence Agency identified pursuant to 18
subsection (c)(1), disaggregated by— 19
(A) complaints referred to law enforce-20
ment; and 21
(B) complaints substantiated. 22
(2) For each complaint described in paragraph 23
(1) that is substantiated, a description of the dis-24
ciplinary action taken by the Director. 25
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SEC. 325. PAY CAP FOR DIVERSITY, EQUITY, AND INCLU-1
SION STAFF AND CONTRACT EMPLOYEES OF 2
THE CENTRAL INTELLIGENCE AGENCY. 3
(a) I
NGENERAL.—Notwithstanding any other provi-4
sion of law— 5
(1) the annual rate of basic pay for a staff em-6
ployee of the Central Intelligence Agency with the 7
duties described in subsection (b) shall not exceed 8
the annual rate of basic pay for an officer of the Di-9
rectorate of Operations in the Clandestine Service 10
Trainee program of the Agency; and 11
(2) the Director of the Central Intelligence 12
Agency shall ensure that no contract employee per-13
forming duties described in subsection (b) under an 14
Agency contract receives an annual amount for per-15
forming such duties that exceeds the annual rate of 16
basic pay described in paragraph (1). 17
(b) D
UTIESDESCRIBED.—The duties described in 18
this subsection are as follows: 19
(1) Developing, refining, and implementing di-20
versity, equity, and inclusion policy. 21
(2) Leading working groups and councils to de-22
velop diversity, equity, and inclusion goals and objec-23
tives to measure performance and outcomes. 24
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(3) Creating and implementing diversity, equity, 1
and inclusion education, training courses, and work-2
shops for staff and contract employees. 3
(c) A
PPLICABILITY TOCURRENTEMPLOYEES.— 4
(1) S
TAFF EMPLOYEES.—Any staff employee of 5
the Central Intelligence Agency in a position with 6
duties described in subsection (b) receiving an an-7
nual rate of basic pay as of the date of the enact-8
ment of this Act that exceeds the rate allowed under 9
subsection (a) shall be reassigned to another position 10
not later than 180 days after such date. 11
(2) C
ONTRACT EMPLOYEES .—Any contract em-12
ployee of the Central Intelligence Agency performing 13
duties described in subsection (b) receiving an an-14
nual amount under an Agency contract for per-15
forming such duties as of the date of the enactment 16
of this Act that exceeds the rate allowed under sub-17
section (b) shall be reassigned to another position 18
not later than 180 days after such date. 19
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TITLE IV—MATTERS CON-1
CERNING FOREIGN COUN-2
TRIES 3
Subtitle A—People’s Republic of 4
China 5
SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR 6
ACCOUNTABILITY OF ATROCITIES OF THE 7
PEOPLE’S REPUBLIC OF CHINA. 8
(a) D
EFINITIONS.—In this section: 9
(1) A
PPROPRIATE COMMITTEES OF CON -10
GRESS.—The term ‘‘appropriate committees of Con-11
gress’’ means— 12
(A) the congressional intelligence commit-13
tees; 14
(B) the Committee on Foreign Relations 15
and the Subcommittee on Defense of the Com-16
mittee on Appropriations of the Senate; and 17
(C) the Committee on Foreign Affairs and 18
the Subcommittee on Defense of the Committee 19
on Appropriations of the House of Representa-20
tives. 21
(2) A
TROCITY.—The term ‘‘atrocity’’— 22
(A) means a crime against humanity, geno-23
cide, or a war crime; and 24
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(B) when used with respect to the People’s 1
Republic of China, means an atrocity that is 2
committed by an individual who is— 3
(i) a member of People’s Liberation 4
Army, or the security or other defense 5
services, including the Ministry of State 6
Security, the Ministry of Public Security, 7
and the United Front Work Department, 8
of the People’s Republic of China; 9
(ii) an employee of any other element 10
of the Government of the People’s Republic 11
of China, including the regional govern-12
ments of Xinjiang, Tibet, and Hong Kong; 13
(iii) a member of the Chinese Com-14
munist Party; or 15
(iv) an agent or contractor of an indi-16
vidual specified in subparagraph (A), (B), 17
or (C). 18
(3) C
OMMIT.—The term ‘‘commit’’, with respect 19
to an atrocity, includes the planning, committing, 20
aiding, and abetting of such atrocity. 21
(4) F
OREIGN PERSON.—The term ‘‘foreign per-22
son’’ means— 23
(A) any person or entity that is not a 24
United States person; or 25
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(B) any entity not organized under the 1
laws of the United States or of any jurisdiction 2
within the United States. 3
(5) U
NITED STATES PERSON .—The term 4
‘‘United States person’’ has the meaning given that 5
term in section 105A(c) of the National Security Act 6
of 1947 (50 U.S.C. 3039). 7
(b) I
NTELLIGENCECOMMUNITYCOORDINATOR FOR 8
A
CCOUNTABILITY OF ATROCITIES OF THEPEOPLE’SRE-9
PUBLIC OFCHINA.— 10
(1) D
ESIGNATION.—Not later than 90 days 11
after the date of the enactment of this Act, the Di-12
rector of National Intelligence shall designate a sen-13
ior official of the Office of the Director of National 14
Intelligence to serve as the intelligence community 15
coordinator for accountability of atrocities of the 16
People’s Republic of China (in this section referred 17
to as the ‘‘Coordinator’’). 18
(2) D
UTIES.—The Coordinator shall lead the 19
efforts of and coordinate and collaborate with the in-20
telligence community with respect to the following: 21
(A) Identifying and addressing any gaps in 22
intelligence collection relating to atrocities of 23
the People’s Republic of China, including by 24
recommending the modification of the priorities 25
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of the intelligence community with respect to 1
intelligence collection and by utilizing informal 2
processes and collaborative mechanisms with 3
key elements of the intelligence community to 4
increase collection on atrocities of the People’s 5
Republic of China. 6
(B) Prioritizing and expanding the intel-7
ligence analysis with respect to ongoing atroc-8
ities of the People’s Republic of China and dis-9
seminating within the United States Govern-10
ment intelligence relating to the identification 11
and activities of foreign persons suspected of 12
being involved with or providing support to 13
atrocities of the People’s Republic of China, in-14
cluding genocide and forced labor practices in 15
Xinjiang, in order to support the efforts of 16
other Federal agencies, including the Depart-17
ment of State, the Department of the Treasury, 18
the Office of Foreign Assets Control, the De-19
partment of Commerce, the Bureau of Industry 20
and Security, U.S. Customs and Border Protec-21
tion, and the National Security Council, to hold 22
the People’s Republic of China accountable for 23
such atrocities. 24
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(C) Increasing efforts to declassify and 1
share with the people of the United States and 2
the international community information re-3
garding atrocities of the People’s Republic of 4
China in order to expose such atrocities and 5
counter the disinformation and misinformation 6
campaign by the People’s Republic of China to 7
deny such atrocities. 8
(D) Documenting and storing intelligence 9
and other unclassified information that may be 10
relevant to preserve as evidence of atrocities of 11
the People’s Republic of China for future ac-12
countability, and ensuring that other relevant 13
Federal agencies, including the Atrocities Early 14
Warning Task Force, receive appropriate sup-15
port from the intelligence community with re-16
spect to the collection, analysis, preservation, 17
and, as appropriate, dissemination, of intel-18
ligence related to atrocities of the People’s Re-19
public of China, which may include the informa-20
tion from the annual report required by section 21
6504 of the Intelligence Authorization Act for 22
Fiscal Year 2023 (Public Law 117–263). 23
(E) Sharing information with the Forced 24
Labor Enforcement Task Force, established 25
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under section 741 of the United States-Mexico- 1
Canada Agreement Implementation Act (19 2
U.S.C. 4681), the Department of Commerce, 3
and the Department of the Treasury for the 4
purposes of entity listings and sanctions. 5
(3) P
LAN REQUIRED.—Not later than 120 days 6
after the date of the enactment of this Act, the Di-7
rector shall submit to the appropriate committees of 8
Congress— 9
(A) the name of the official designated as 10
the Coordinator pursuant to paragraph (1); and 11
(B) the strategy of the intelligence commu-12
nity for the collection and dissemination of in-13
telligence relating to ongoing atrocities of the 14
People’s Republic of China, including a detailed 15
description of how the Coordinator shall sup-16
port, and assist in facilitating the implementa-17
tion of, such strategy. 18
(4) A
NNUAL REPORT TO CONGRESS .— 19
(A) R
EPORTS REQUIRED.—Not later than 20
May 1, 2024, and annually thereafter until May 21
1, 2034, the Director shall submit to the appro-22
priate committees of Congress a report detail-23
ing, for the year covered by the report— 24
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(i) the analytical findings, changes in 1
collection, and other activities of the intel-2
ligence community with respect to ongoing 3
atrocities of the People’s Republic of 4
China; 5
(ii) the recipients of information 6
shared pursuant to this section for the 7
purpose of— 8
(I) providing support to Federal 9
agencies to hold the People’s Republic 10
of China accountable for such atroc-11
ities; and 12
(II) sharing information with the 13
people of the United States to counter 14
the disinformation and misinformation 15
campaign by the People’s Republic of 16
China to deny such atrocities; and 17
(iii) with respect to clause (ii), the 18
date of any such sharing. 19
(B) F
ORM.—Each report submitted under 20
subparagraph (A) may be submitted in classi-21
fied form, consistent with the protection of in-22
telligence sources and methods. 23
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(c) SUNSET.—This section shall cease to have effect 1
on the date that is 10 years after the date of the enact-2
ment of this Act. 3
SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON 4
THE MALIGN EFFORTS OF THE PEOPLE’S RE-5
PUBLIC OF CHINA IN AFRICA. 6
(a) E
STABLISHMENT.— 7
(1) I
N GENERAL.—The Director of National In-8
telligence, in consultation with such heads of ele-9
ments of the intelligence community as the Director 10
considers appropriate, shall establish an interagency 11
working group within the intelligence community to 12
analyze the tactics and capabilities of the People’s 13
Republic of China in Africa. 14
(2) E
STABLISHMENT FLEXIBILITY .—The work-15
ing group established under paragraph (1) may be— 16
(A) independently established; or 17
(B) to avoid redundancy, incorporated into 18
existing working groups or cross-intelligence ef-19
forts within the intelligence community. 20
(b) R
EPORT.— 21
(1) I
N GENERAL.—Not later than 120 days 22
after the date of the enactment of this Act, and 23
twice annually thereafter, the working group estab-24
lished under subsection (a) shall submit to the con-25
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gressional intelligence committees a report on the 1
specific tactics and capabilities of the People’s Re-2
public of China in Africa. 3
(2) E
LEMENTS.—Each report required by para-4
graph (1) shall include the following elements: 5
(A) An assessment of efforts by the Gov-6
ernment of the People’s Republic of China to 7
exploit mining and reprocessing operations in 8
Africa. 9
(B) An assessment of efforts by the Gov-10
ernment of the People’s Republic of China to 11
provide or fund technologies in Africa, includ-12
ing— 13
(i) telecommunications and energy 14
technologies, such as advanced reactors, 15
transportation, and other commercial prod-16
ucts; and 17
(ii) by requiring that the People’s Re-18
public of China be the sole provider of such 19
technologies. 20
(C) An assessment of efforts by the Gov-21
ernment of the People’s Republic of China to 22
expand intelligence capabilities in Africa. 23
(D) A description of actions taken by the 24
intelligence community to counter such efforts. 25
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(E) An assessment of additional resources 1
needed by the intelligence community to better 2
counter such efforts. 3
(3) F
ORM.—Each report required by paragraph 4
(1) shall be submitted in unclassified form, but may 5
include a classified annex if necessary. 6
(c) S
UNSET.—The requirements of this section shall 7
terminate on the date that is 5 years after the date of 8
the enactment of this Act. 9
SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL AS-10
SESSMENT BY INTELLIGENCE COMMUNITY 11
WORKING GROUP FOR MONITORING THE 12
ECONOMIC AND TECHNOLOGICAL CAPABILI-13
TIES OF THE PEOPLE’S REPUBLIC OF CHINA. 14
Section 6503(c)(3)(D) of the Intelligence Authoriza-15
tion Act for Fiscal Year 2023 (division F of Public Law 16
117–263) is amended by striking ‘‘the top 200’’ and in-17
serting ‘‘all the known’’. 18
SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELA-19
TIONSHIP BETWEEN THE UNITED STATES 20
AND THE PEOPLE’S REPUBLIC OF CHINA. 21
(a) I
NGENERAL.—Not later than 1 year after the 22
date of the enactment of this Act, the Assistant Secretary 23
of State for Intelligence and Research, in consultation 24
with the Director of National Intelligence and such other 25
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heads of elements of the intelligence community as the As-1
sistant Secretary considers relevant, shall submit to the 2
congressional intelligence committees the following: 3
(1) A comprehensive assessment that identifies 4
critical areas in the security, diplomatic, economic, 5
financial, technological, scientific, commercial, aca-6
demic, and cultural spheres in which the United 7
States does not enjoy a reciprocal relationship with 8
the People’s Republic of China. 9
(2) A comprehensive assessment that describes 10
how the lack of reciprocity between the People’s Re-11
public of China and the United States in the areas 12
identified in the assessment required by paragraph 13
(1) provides advantages to the People’s Republic of 14
China. 15
(b) F
ORM OFASSESSMENTS.— 16
(1) C
RITICAL AREAS.—The assessment required 17
by subsection (a)(1) shall be submitted in unclassi-18
fied form. 19
(2) A
DVANTAGES.—The assessment required by 20
subsection (a)(2) shall be submitted in classified 21
form. 22
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SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMU-1
NITY EFFORTS TO IDENTIFY AND MITIGATE 2
CHINESE COMMUNIST PARTY POLITICAL IN-3
FLUENCE OPERATIONS AND INFORMATION 4
WARFARE AGAINST THE UNITED STATES. 5
(a) D
EFINITIONS.—In this section: 6
(1) C
HINESE ENTITIES ENGAGED IN POLITICAL 7
INFLUENCE OPERATIONS AND INFORMATION WAR -8
FARE.—The term ‘‘Chinese entities engaged in polit-9
ical influence operations and information warfare’’ 10
means all of the elements of the Government of the 11
People’s Republic of China and the Chinese Com-12
munist Party involved in information warfare oper-13
ations, such as— 14
(A) the Ministry of State Security; 15
(B) the intelligence services of the People’s 16
Republic of China; 17
(C) the United Front Work Department 18
and other united front organs; 19
(D) state-controlled media systems, such 20
as the China Global Television Network 21
(CGTN); and 22
(E) any entity involved in information war-23
fare operations by demonstrably and inten-24
tionally disseminating false information and 25
propaganda of the Government of the People’s 26
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Republic of China or the Chinese Communist 1
Party. 2
(2) P
OLITICAL INFLUENCE OPERATION .—The 3
term ‘‘political influence operation’’ means a coordi-4
nated and often concealed application of 5
disinformation, press manipulation, economic coer-6
cion, targeted investments, corruption, or academic 7
censorship, which are often intended— 8
(A) to coerce and corrupt United States in-9
terests, values, institutions, or individuals; and 10
(B) to foster attitudes, behavior, decisions, 11
or outcomes in the United States that support 12
the interests of the Government of the People’s 13
Republic of China or the Chinese Communist 14
Party. 15
(b) B
RIEFINGREQUIRED.—Not later than 120 days 16
after the date of the enactment of this Act and annually 17
thereafter until the date that is 5 years after the date of 18
the enactment of this Act, the Director of the Foreign Ma-19
lign Influence Center shall, in collaboration with the heads 20
of the elements of the intelligence community, provide the 21
congressional intelligence committees a classified briefing 22
on the ways in which the relevant elements of the intel-23
ligence community are working internally and coordi-24
nating across the intelligence community to identify and 25
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mitigate the actions of Chinese entities engaged in political 1
influence operations and information warfare against the 2
United States, including against United States persons. 3
(c) E
LEMENTS.—The classified briefing required by 4
subsection (b) shall cover the following: 5
(1) The Government of the People’s Republic of 6
China and the Chinese Communist Party tactics, 7
tools, and entities that spread disinformation, misin-8
formation, and malign information and conduct in-9
fluence operations, information campaigns, or other 10
propaganda efforts. 11
(2) The actions of the Foreign Malign Influence 12
Center relating to early-warning, information shar-13
ing, and proactive risk mitigation systems, based on 14
the list of entities identified in subsection (a)(1), to 15
detect, expose, deter, and counter political influence 16
operations of, and information warfare waged by, 17
the Government of the People’s Republic of China or 18
the Chinese Communist Party, against the United 19
States. 20
(3) The actions of the Foreign Malign Influence 21
Center to conduct outreach to identify and counter 22
tactics, tools, and entities described in paragraph (1) 23
by sharing information with allies and partners of 24
the United States, State and local governments, the 25
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business community, and civil society that exposes 1
the political influence operations and information op-2
erations of the Government of the People’s Republic 3
of China or the Chinese Communist Party carried 4
out against individuals and entities in the United 5
States. 6
SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED 7
STATES PORTS BY CRANES MANUFACTURED 8
BY COUNTRIES OF CONCERN. 9
(a) D
EFINITION OFCOUNTRY OFCONCERN.—In this 10
section, the term ‘‘country of concern’’ has the meaning 11
given that term in section 1(m)(1) of the State Depart-12
ment Basic Authorities Act of 1956 (22 U.S.C. 13
2651a(m)(1)). 14
(b) A
SSESSMENT.—The Director of National Intel-15
ligence, in coordination with such other heads of the ele-16
ments of the intelligence community as the Director con-17
siders appropriate and the Secretary of Defense, shall con-18
duct an assessment of the threat posed to United States 19
ports by cranes manufactured by countries of concern and 20
commercial entities of those countries, including the 21
Shanghai Zhenhua Heavy Industries Co. (ZPMC). 22
(c) R
EPORT ANDBRIEFING.— 23
(1) I
N GENERAL.—Not later than 180 days 24
after the date of the enactment of this Act, the Di-25
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rector of National Intelligence shall submit a report 1
and provide a briefing to Congress on the findings 2
of the assessment required by subsection (b). 3
(2) E
LEMENTS.—The report and briefing re-4
quired by paragraph (1) shall outline the potential 5
for the cranes described in subsection (b) to collect 6
intelligence, disrupt operations at United States 7
ports, and impact the national security of the United 8
States. 9
(3) F
ORM OF REPORT.—The report required by 10
paragraph (1) shall be submitted in unclassified 11
form, but may include a classified annex. 12
Subtitle B—Russian Federation 13
SEC. 411. ASSESSMENT OF LESSONS LEARNED BY INTEL-14
LIGENCE COMMUNITY WITH RESPECT TO 15
CONFLICT IN UKRAINE. 16
(a) I
NGENERAL.—Not later than 180 days after the 17
date of the enactment of this Act and semiannually there-18
after for 3 years, the Director of National Intelligence 19
shall produce and submit to the congressional intelligence 20
committees an assessment of the lessons learned by the 21
intelligence community with respect to the ongoing war 22
in Ukraine, particularly in regards to the quality and time-23
liness of the information and intelligence support provided 24
by the United States to Ukraine. 25
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(b) FORM.—The assessment submitted pursuant to 1
subsection (a) shall be submitted in unclassified form, but 2
may include a classified annex. 3
SEC. 412. NATIONAL INTELLIGENCE ESTIMATE ON LONG- 4
TERM CONFRONTATION WITH RUSSIA. 5
(a) N
ATIONALINTELLIGENCE ESTIMATERE-6
QUIRED.—Not later than 180 days after the date of the 7
enactment of this Act, the Director of National Intel-8
ligence shall produce and submit to the congressional in-9
telligence committees a national intelligence estimate on 10
the implications of the ongoing war in Ukraine with re-11
spect to a long-term United States and North Atlantic 12
Treaty Organization confrontation with Russia, including 13
the continued threat to the United States, the North At-14
lantic Treaty Organization, and other allies of the United 15
States from the conventional and strategic military forces, 16
the intelligence activities, and the malign influence cam-17
paigns of Russia. 18
(b) E
LEMENTS.—The national intelligence estimate 19
produced pursuant to subsection (a) shall include the fol-20
lowing: 21
(1) An assessment of the efficacy of the sanc-22
tions regime in effect on the day before the date of 23
the enactment of this Act that is imposed upon Rus-24
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sia as a result of its illegal and unjustified invasion 1
of Ukraine, including— 2
(A) the effect that such sanctions have had 3
on the economy of Russia, the defense indus-4
trial base of Russia, and the ability of Russia 5
to maintain its war on Ukraine; and 6
(B) the expected effect such sanctions 7
would have on a potential long-term confronta-8
tion between Russia and the members of the 9
North Atlantic Treaty Organization and other 10
allies of the United States. 11
(2) An updated assessment of the convergence 12
of interests between Russia and China, an assess-13
ment of the assistance that China is providing to 14
Russia’s economy and war effort, and an assessment 15
of other collaboration between the two countries. 16
(3) An assessment of potential friction points 17
between China and Russia. 18
(4) An assessment of assistance and potential 19
assistance from other countries to Russia, including 20
assistance from Iran and North Korea. 21
(5) An assessment of other significant countries 22
that have not joined the sanctions regime against 23
Russia, why they have not done so, and what might 24
induce them to change this policy. 25
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(c) FORM.—The national intelligence estimate sub-1
mitted pursuant to subsection (a) shall be submitted in 2
unclassified form, but may include a classified annex. 3
Subtitle C—Other Foreign 4
Countries 5
SEC. 421. REPORT ON EFFORTS TO CAPTURE AND DETAIN 6
UNITED STATES CITIZENS AS HOSTAGES. 7
(a) I
NGENERAL.—Not later than 120 days after the 8
date of the enactment of this Act, the Director of National 9
Intelligence shall submit to the congressional intelligence 10
committees a report on efforts by the Maduro regime in 11
Venezuela to detain United States citizens and lawful per-12
manent residents. 13
(b) E
LEMENTS.—The report required by subsection 14
(a) shall include, regarding the arrest, capture, detain-15
ment, or imprisonment of United States citizens and law-16
ful permanent residents, the following: 17
(1) The names, positions, and institutional af-18
filiation of Venezuelan individuals, or those acting 19
on their behalf, who have engaged in such activities. 20
(2) A description of any role played by 21
transnational criminal organizations, and an identi-22
fication of such organizations. 23
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(3) Where relevant, an assessment of whether 1
and how United States citizens and lawful perma-2
nent residents have been lured to Venezuela. 3
(4) An analysis of the motive for the arrest, 4
capture, detainment, or imprisonment of United 5
States citizens and lawful permanent residents. 6
(5) The total number of United States citizens 7
and lawful permanent residents detained or impris-8
oned in Venezuela as of the date on which the report 9
is submitted. 10
(c) F
ORM.—The report required by subsection (a) 11
shall be submitted in unclassified form, but may include 12
a classified annex. 13
SEC. 422. SENSE OF CONGRESS ON PRIORITY OF FENTANYL 14
IN NATIONAL INTELLIGENCE PRIORITIES 15
FRAMEWORK. 16
It is the sense of Congress that the trafficking of il-17
licit fentanyl, including precursor chemicals and manufac-18
turing equipment associated with illicit fentanyl produc-19
tion and organizations that traffic or finance the traf-20
ficking of illicit fentanyl, originating from the People’s Re-21
public of China and Mexico should be among the highest 22
priorities in the National Intelligence Priorities Frame-23
work of the Office of the Director of National Intelligence. 24
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TITLE V—MATTERS PERTAINING 1
TO UNITED STATES ECO-2
NOMIC AND EMERGING TECH-3
NOLOGY COMPETITION WITH 4
UNITED STATES ADVER-5
SARIES 6
Subtitle A—General Matters 7
SEC. 501. OFFICE OF GLOBAL COMPETITION ANALYSIS. 8
(a) D
EFINITIONS.—In this section: 9
(1) E
XECUTIVE AGENCY.—The term ‘‘Executive 10
agency’’ has the meaning given such term in section 11
105 of title 5, United States Code. 12
(2) O
FFICE.—The term ‘‘Office’’ means the Of-13
fice of Global Competition Analysis established 14
under subsection (b). 15
(b) E
STABLISHMENT.— 16
(1) I
N GENERAL.—The President shall establish 17
an office for analysis of global competition. 18
(2) P
URPOSES.—The purposes of the Office are 19
as follows: 20
(A) To carry out a program of analysis rel-21
evant to United States leadership in science, 22
technology, and innovation sectors critical to 23
national security and economic prosperity rel-24
ative to other countries, particularly those coun-25
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tries that are strategic competitors of the 1
United States. 2
(B) To support policy development and de-3
cision making across the Federal Government 4
to ensure United States leadership in science, 5
technology, and innovation sectors critical to 6
national security and economic prosperity rel-7
ative to other countries, particularly those coun-8
tries that are strategic competitors of the 9
United States. 10
(3) D
ESIGNATION.—The office established 11
under paragraph (1) shall be known as the ‘‘Office 12
of Global Competition Analysis’’. 13
(c) A
CTIVITIES.—In accordance with the priorities 14
determined under subsection (d), the Office shall— 15
(1) subject to subsection (f), acquire, access, 16
use, and handle data or other information relating 17
to the purposes of the Office under subsection (b); 18
(2) conduct long- and short-term analyses re-19
garding— 20
(A) United States policies that enable tech-21
nological competitiveness relative to those of 22
other countries, particularly with respect to 23
countries that are strategic competitors of the 24
United States; 25
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(B) United States science and technology 1
ecosystem elements, including regional and na-2
tional research development and capacity, tech-3
nology innovation, and science and engineering 4
education and research workforce, relative to 5
those of other countries, particularly with re-6
spect to countries that are strategic competitors 7
of the United States; 8
(C) United States technology development, 9
commercialization, and advanced manufacturing 10
ecosystem elements, including supply chain re-11
siliency, scale-up manufacturing testbeds, ac-12
cess to venture capital and financing, technical 13
and entrepreneurial workforce, and production, 14
relative to those of other countries, particularly 15
with respect to countries that are strategic com-16
petitors of the United States; 17
(D) United States competitiveness in tech-18
nology and innovation sectors critical to na-19
tional security and economic prosperity relative 20
to other countries, including the availability and 21
scalability of United States technology in such 22
sectors abroad, particularly with respect to 23
countries that are strategic competitors of the 24
United States; 25
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(E) trends and trajectories, including rate 1
of change in technologies, related to technology 2
and innovation sectors critical to national secu-3
rity and economic prosperity; 4
(F) threats to United States national secu-5
rity interests as a result of any foreign coun-6
try’s dependence on technologies of strategic 7
competitors of the United States; and 8
(G) threats to United States interests 9
based on dependencies on foreign technologies 10
critical to national security and economic pros-11
perity; 12
(3) solicit input on technology and economic 13
trends, data, and metrics from relevant private sec-14
tor stakeholders, including entities involved in fi-15
nancing technology development and commercializa-16
tion, and engage with academia to inform the anal-17
yses under paragraph (2); and 18
(4) to the greatest extent practicable and as 19
may be appropriate, ensure that versions of the 20
analyses under paragraph (2) are unclassified and 21
available to relevant Federal agencies and offices. 22
(d) D
ETERMINATION OF PRIORITIES.—On a periodic 23
basis, the Director of the Office of Science and Technology 24
Policy, the Assistant to the President for Economic Policy, 25
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and the Assistant to the President for National Security 1
Affairs shall, in coordination with such heads of Executive 2
agencies as the Director of the Office of Science and Tech-3
nology Policy and such Assistants jointly consider appro-4
priate, jointly determine the priorities of the Office with 5
respect to subsection (b)(2)(A), considering, as may be ap-6
propriate, the strategies and reports under subtitle B of 7
title VI of the Research and Development, Competition, 8
and Innovation Act (Public Law 117–167). 9
(e) A
DMINISTRATION.—Subject to the availability of 10
appropriations, to carry out the purposes set forth under 11
subsection (b)(2), the Office shall enter into an agreement 12
with a federally funded research and development center, 13
a university-affiliated research center, or a consortium of 14
federally funded research and development centers and 15
university-affiliated research centers. 16
(f) A
CQUISITION, ACCESS, USE, ANDHANDLING OF 17
D
ATA ORINFORMATION.—In carrying out the activities 18
under subsection (c), the Office— 19
(1) shall acquire, access, use, and handle data 20
or information in a manner consistent with applica-21
ble provisions of law and policy, including laws and 22
policies providing for the protection of privacy and 23
civil liberties, and subject to any restrictions re-24
quired by the source of the information; 25
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(2) shall have access, upon written request, to 1
all information, data, or reports of any Executive 2
agency that the Office determines necessary to carry 3
out the activities under subsection (c), provided that 4
such access is— 5
(A) conducted in a manner consistent with 6
applicable provisions of law and policy of the 7
originating agency, including laws and policies 8
providing for the protection of privacy and civil 9
liberties; and 10
(B) consistent with due regard for the pro-11
tection from unauthorized disclosure of classi-12
fied information relating to sensitive intelligence 13
sources and methods or other exceptionally sen-14
sitive matters; and 15
(3) may obtain commercially available informa-16
tion that may not be publicly available. 17
(g) D
ETAILEESUPPORT.—Consistent with applicable 18
law, including sections 1341, 1517, and 1535 of title 31, 19
United States Code, and section 112 of title 3, United 20
States Code, the head of a department or agency within 21
the executive branch of the Federal Government may de-22
tail personnel to the Office in order to assist the Office 23
in carrying out any activity under subsection (c), con-24
sistent with the priorities determined under subsection (d). 25
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(h) ANNUALREPORT.—Not less frequently than once 1
each year, the Office shall submit to Congress a report 2
on the activities of the Office under this section, including 3
a description of the priorities under subsection (d) and any 4
support, disaggregated by Executive agency, provided to 5
the Office consistent with subsection (g) in order to ad-6
vance those priorities. 7
(i) P
LANS.—Before establishing the Office under 8
subsection (b)(1), the President shall submit to the appro-9
priate committees of Congress a report detailing plans 10
for— 11
(1) the administrative structure of the Office, 12
including— 13
(A) a detailed spending plan that includes 14
administrative costs; and 15
(B) a disaggregation of costs associated 16
with carrying out subsection (e); 17
(2) ensuring consistent and sufficient funding 18
for the Office; and 19
(3) coordination between the Office and rel-20
evant Executive agencies and offices. 21
(j) A
UTHORIZATION OF APPROPRIATIONS.—There is 22
authorized to be appropriated to carry out this section 23
$20,000,000 for fiscal year 2024. 24
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(k) FUNDING.—This section shall be carried out 1
using amounts appropriated on or after the date of the 2
enactment of this Act. 3
SEC. 502. ASSIGNMENT OF DETAILEES FROM INTEL-4
LIGENCE COMMUNITY TO DEPARTMENT OF 5
COMMERCE. 6
(a) A
UTHORITY.—In order to better facilitate the 7
sharing of actionable intelligence on foreign adversary in-8
tent, capabilities, threats, and operations that pose a 9
threat to the interests or security of the United States, 10
particularly as they relate to the procurement, develop-11
ment, and use of dual-use and emerging technologies, the 12
Director of National Intelligence may assign or facilitate 13
the assignment of members from across the intelligence 14
community to serve as detailees to the Bureau of Industry 15
and Security of the Department of Commerce. 16
(b) A
SSIGNMENT.—Detailees assigned pursuant to 17
subsection (a) shall be drawn from such elements of the 18
intelligence community as the Director considers appro-19
priate, in consultation with the Secretary of Commerce. 20
(c) E
XPERTISE.—The Director shall ensure that 21
detailees assigned pursuant to subsection (a) have subject 22
matter expertise on countries of concern, including China, 23
Iran, North Korea, and Russia, as well as functional areas 24
such as illicit procurement, counterproliferation, emerging 25
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and foundational technology, economic and financial intel-1
ligence, information and communications technology sys-2
tems, supply chain vulnerability, and counterintelligence. 3
(d) D
UTYCREDIT.—The detail of an employee of the 4
intelligence community to the Department of Commerce 5
under subsection (a) shall be without interruption or loss 6
of civil service status or privilege. 7
SEC. 503. THREATS POSED BY INFORMATION AND COMMU-8
NICATIONS TECHNOLOGY AND SERVICES 9
TRANSACTIONS AND OTHER ACTIVITIES. 10
(a) D
EFINITIONS.—In this section: 11
(1) C
OVERED TRANSACTION .—The term ‘‘cov-12
ered transaction’’ means a transaction reviewed 13
under authority established under Executive Order 14
13873, Executive Order 13984, Executive Order 15
14034, or any successor order. 16
(2) E
MERGING AND FOUNDATIONAL TECH -17
NOLOGIES.—The term ‘‘emerging and foundational 18
technologies’’ means emerging and foundational 19
technologies described in section 1758(a)(1) of the 20
Export Control Reform Act of 2018 (50 U.S.C. 21
4817(a)(1)). 22
(3) E
XECUTIVE ORDER 13873.—The term ‘‘Ex-23
ecutive Order 13873’’ means Executive Order 13873 24
(84 Fed. Reg. 22689; relating to securing informa-25
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tion and communications technology and services 1
supply chain). 2
(4) E
XECUTIVE ORDER 13984.—The term ‘‘Ex-3
ecutive Order 13984’’ means Executive Order 13984 4
(86 Fed. Reg. 6837; relating to taking additional 5
steps to address the national emergency with respect 6
to significant malicious cyber-enabled activities). 7
(5) E
XECUTIVE ORDER 14034.—The term ‘‘Ex-8
ecutive Order 14034’’ means Executive Order 14034 9
(84 Fed. Reg. 31423; relating to protecting Ameri-10
cans’ sensitive data from foreign adversaries). 11
(6) S
IGNIFICANT TRANSACTION .—The term 12
‘‘significant transaction’’ means a covered trans-13
action that— 14
(A) involves emerging or foundational tech-15
nologies; 16
(B) poses an undue or unacceptable risk to 17
national security; and 18
(C) involves— 19
(i) an individual who acts as an agent, 20
representative, or employee, or any indi-21
vidual who acts in any other capacity at 22
the order, request, or under the direction 23
or control, of a foreign adversary or of an 24
individual whose activities are directly or 25
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indirectly supervised, directed, controlled, 1
financed, or subsidized in whole or in ma-2
jority part by a foreign adversary; 3
(ii) any individual, wherever located, 4
who is a citizen or resident of a nation- 5
state controlled by a foreign adversary; 6
(iii) any corporation, partnership, as-7
sociation, or other organization organized 8
under the laws of a nation-state controlled 9
by a foreign adversary; or 10
(iv) any corporation, partnership, as-11
sociation, or other organization, wherever 12
organized or doing business, that is owned 13
or controlled by a foreign adversary. 14
(b) T
HREATASSESSMENT BY DIRECTOR OFNA-15
TIONALINTELLIGENCE.— 16
(1) I
N GENERAL.—The Director of National In-17
telligence shall expeditiously carry out a threat as-18
sessment of each significant transaction. 19
(2) I
DENTIFICATION OF GAPS .—Each assess-20
ment required by paragraph (1) shall include the 21
identification of any recognized gaps in the collection 22
of intelligence relevant to the assessment. 23
(3) V
IEWS OF INTELLIGENCE COMMUNITY .— 24
The Director of National Intelligence shall seek and 25
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incorporate into each assessment required by para-1
graph (1) the views of all affected or appropriate 2
elements of the intelligence community with respect 3
to the significant transaction or class of significant 4
transactions. 5
(4) P
ROVISION OF ASSESSMENT .—The Director 6
of National Intelligence shall provide an assessment 7
required by paragraph (1) to such agency heads and 8
committees of Congress as the Director considers 9
appropriate, as necessary, to implement Executive 10
Order 13873, Executive Order 13984, Executive 11
Order 14034, or any successor order. 12
(c) I
NTERACTION WITHINTELLIGENCE COMMU-13
NITY.— 14
(1) I
N GENERAL.—The Director of National In-15
telligence shall ensure that the intelligence commu-16
nity remains engaged in the collection, analysis, and 17
dissemination to such agency heads as the Director 18
considers appropriate of any additional relevant in-19
formation that may become available during the 20
course of any investigation or review process con-21
ducted under authority established under Executive 22
Order 13873, Executive Order 13984, Executive 23
Order 14034, or any successor order. 24
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(2) ELEMENTS.—The collection, analysis, and 1
dissemination of information described in paragraph 2
(1) shall include routine assessments of the fol-3
lowing: 4
(A) The intent, capability, and operations 5
of foreign adversaries as related to a significant 6
transaction or class of significant transactions. 7
(B) Supply chains and procurement net-8
works associated with the procurement of 9
emerging and foundational technologies by for-10
eign adversaries. 11
(C) Emerging and foundational tech-12
nologies pursued by foreign adversaries, includ-13
ing information on prioritization, spending, and 14
technology transfer measures. 15
(D) The intent, capability, and operations 16
of the use by malicious cyber actors of infra-17
structure as a service (IaaS) against the United 18
States. 19
(E) The impact on the intelligence commu-20
nity of a significant transaction or class of sig-21
nificant transactions. 22
(d) I
NFORMATION INCIVILACTIONS.— 23
(1) P
ROTECTED INFORMATION IN CIVIL AC -24
TIONS.—If a civil action challenging an action or 25
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finding under Executive Order 13873, Executive 1
Order 13984, Executive Order 14034, or any suc-2
cessor order is brought, and the court determines 3
that protected information in the administrative 4
record relating to the action or finding, including 5
classified or other information subject to privilege or 6
protections under any provision of law, is necessary 7
to resolve the action, that information shall be sub-8
mitted ex parte and in camera to the court and the 9
court shall maintain that information under seal. 10
This paragraph does not confer or imply any right 11
to judicial review. 12
(2) N
ONAPPLICABILITY OF USE OF INFORMA -13
TION PROVISIONS.—The use of information provi-14
sions of sections 106, 305, 405, and 706 of the For-15
eign Intelligence Surveillance Act of 1978 (50 16
U.S.C. 1806, 1825, 1845, and 1881e) shall not 17
apply in a civil action described in paragraph (1). 18
(e) R
ULE OFCONSTRUCTIONCONCERNINGRIGHT TO 19
A
CCESS.—No provision of this section may be construed 20
to create a right to obtain access to information in the 21
possession of the Federal Government that was considered 22
by the Secretary of Commerce under authority established 23
under Executive Order 13873, Executive Order 13984, 24
Executive Order 14034, or any successor order, including 25
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any classified information or sensitive but unclassified in-1
formation. 2
(f) A
DMINISTRATIVERECORD.—The following infor-3
mation may be included in the administrative record relat-4
ing to an action or finding described in subsection (d)(1) 5
and shall be submitted only to the court ex parte and in 6
camera: 7
(1) Sensitive security information, as defined in 8
section 1520.5 of title 49, Code of Federal Regula-9
tions. 10
(2) Privileged law enforcement information. 11
(3) Information obtained or derived from any 12
activity authorized under the Foreign Intelligence 13
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 14
except that, with respect to such information, sub-15
sections (c), (e), (f), (g), and (h) of section 106 (50 16
U.S.C. 1806), subsections (d), (f), (g), (h), and (i) 17
of section 305 (50 U.S.C. 1825), subsections (c), 18
(e), (f), (g), and (h) of section 405 (50 U.S.C. 19
1845), and section 706 (50 U.S.C. 1881e) of that 20
Act shall not apply. 21
(4) Information subject to privilege or protec-22
tion under any other provision of law, including the 23
Currency and Foreign Transactions Reporting Act 24
of 1970 (31 U.S.C. 5311 et seq.). 25
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(g) TREATMENTCONSISTENTWITHSECTION.—Any 1
information that is part of the administrative record filed 2
ex parte and in camera under subsection (d)(1), or cited 3
by the court in any decision in a civil action described in 4
such subsection, shall be treated by the court consistent 5
with the provisions of this section. In no event shall such 6
information be released to the petitioner or as part of the 7
public record. 8
(h) I
NAPPLICABILITY OFFREEDOM OFINFORMATION 9
A
CT.—Any information submitted to the Federal Govern-10
ment by a party to a covered transaction in accordance 11
with this section, as well as any information the Federal 12
Government may create relating to review of the covered 13
transaction, is exempt from disclosure under section 552 14
of title 5, United States Code (commonly referred to as 15
the ‘‘Freedom of Information Act’’). 16
SEC. 504. REVISION OF REGULATIONS DEFINING SENSITIVE 17
NATIONAL SECURITY PROPERTY FOR COM-18
MITTEE ON FOREIGN INVESTMENT IN THE 19
UNITED STATES REVIEWS. 20
Not later than 180 days after the date of the enact-21
ment of this Act, the Secretary of the Treasury shall revise 22
section 802.211 of title 31, Code of Federal Regulations, 23
to expand the definition of ‘‘covered real estate’’, such as 24
by treating facilities and property of elements of the intel-25
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ligence community and National Laboratories (as defined 1
in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 2
15801)) comparably to military installations. 3
SEC. 505. SUPPORT OF INTELLIGENCE COMMUNITY FOR 4
EXPORT CONTROLS AND OTHER MISSIONS OF 5
THE DEPARTMENT OF COMMERCE. 6
(a) D
EFINITIONS.—In this section: 7
(1) E
MERGING AND FOUNDATIONAL TECH -8
NOLOGIES.—The term ‘‘emerging and foundational 9
technologies’’ includes technologies identified under 10
section 1758(a)(1) of the Export Control Reform 11
Act of 2018 (50 U.S.C. 4817(a)(1)). 12
(2) F
OREIGN ADVERSARY .—The term ‘‘foreign 13
adversary’’ means any foreign government, foreign 14
regime, or foreign nongovernment person determined 15
by the Director of National Intelligence to have en-16
gaged in a long-term pattern or serious instances of 17
conduct significantly adverse to the national security 18
of the United States or the security and safety of 19
United States persons. 20
(b) C
OLLECTION, ANALYSIS, ANDDISSEMINATION 21
R
EQUIRED.— 22
(1) I
N GENERAL.—The Director of National In-23
telligence— 24
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(A) is authorized to collect, retain, analyze, 1
and disseminate information or intelligence nec-2
essary to support the missions of the Depart-3
ment of Commerce, including with respect to 4
the administration of export controls pursuant 5
to the Export Control Reform Act of 2018 (50 6
U.S.C. 4801 et seq.); and 7
(B) shall, through regular consultation 8
with the Secretary of Commerce, ensure that 9
the intelligence community is engaged in such 10
collection, retention, analysis, and dissemina-11
tion. 12
(2) I
NFORMATION TO BE COLLECTED , ANA-13
LYZED, AND DISSEMINATED.—The information to be 14
collected, analyzed, and disseminated under sub-15
section (a) shall include information relating to the 16
following: 17
(A) The intent, capability, and operations 18
of foreign adversaries with respect to items 19
under consideration to be controlled pursuant to 20
the authority provided by part I of the Export 21
Control Reform Act of 2018 (50 U.S.C. 4811 22
et seq.). 23
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(B) Attempts by foreign adversaries to cir-1
cumvent controls on items imposed pursuant to 2
that part. 3
(C) Supply chains and procurement net-4
works associated with procurement and develop-5
ment of emerging and foundational technologies 6
by foreign adversaries. 7
(D) Emerging and foundational tech-8
nologies pursued by foreign adversaries, includ-9
ing relevant information on prioritization, 10
spending, and technology transfer measures 11
with respect to such technologies. 12
(E) The scope and application of the ex-13
port control systems of foreign countries, in-14
cluding decisions with respect to individual ex-15
port transactions. 16
(F) Corporate and contractual relation-17
ships, ownership, and other equity interests, in-18
cluding monetary capital contributions, cor-19
porate investments, and joint ventures, result-20
ing in end uses of items that threaten the na-21
tional security and foreign policy interests of 22
the United States, as described in the policy set 23
forth in section 1752 of the Export Control Re-24
form Act of 2018 (50 U.S.C. 4811). 25
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(G) The effect of export controls imposed 1
pursuant to part I of that Act (50 U.S.C. 4811 2
et seq.), including— 3
(i) the effect of actions taken and 4
planned to be taken by the Secretary of 5
Commerce under the authority provided by 6
that part; and 7
(ii) the effectiveness of such actions in 8
achieving the national security and foreign 9
policy objectives of such actions. 10
(c) P
ROVISION OFANALYSIS TODEPARTMENT OF 11
C
OMMERCE.—Upon the request of the Secretary of Com-12
merce, the Director of National Intelligence shall expedi-13
tiously— 14
(1) carry out analysis of any matter relating to 15
the national security of the United States that is rel-16
evant to a mission of the Department of Commerce; 17
and 18
(2) consistent with the protection of sources 19
and methods, make such analysis available to the 20
Secretary and such individuals as the Secretary may 21
designate to receive such analysis. 22
(d) I
DENTIFICATION OF SINGLEOFFICE TOSUP-23
PORTMISSIONS OFDEPARTMENT OF COMMERCE.—The 24
Director of National Intelligence shall identify a single of-25
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fice within the intelligence community to be responsible 1
for supporting the missions of the Department of Com-2
merce. 3
(e) T
REATMENT OFCLASSIFIED ANDSENSITIVEIN-4
FORMATION.— 5
(1) I
N GENERAL.—A civil action challenging an 6
action or finding of the Secretary of Commerce 7
made on the basis of any classified or sensitive infor-8
mation made available to officials of the Department 9
of Commerce pursuant to this section may be 10
brought only in the United States Court of Appeals 11
for the District of Columbia Circuit. 12
(2) C
ONSIDERATION AND TREATMENT IN CIVIL 13
ACTIONS.—If a civil action described in paragraph 14
(1) is brought, and the court determines that pro-15
tected information in the administrative record, in-16
cluding classified or other information subject to 17
privilege or protections under any provision of law, 18
is necessary to resolve the civil action, that informa-19
tion shall be submitted ex parte and in camera to 20
the court and the court shall maintain that informa-21
tion under seal. This paragraph does not confer or 22
imply any right to judicial review. 23
(3) A
DMINISTRATIVE RECORD .— 24
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(A) IN GENERAL.—The following informa-1
tion may be included in the administrative 2
record relating to an action or finding described 3
in paragraph (1) and shall be submitted only to 4
the court ex parte and in camera: 5
(i) Sensitive security information, as 6
defined by section 1520.5 of title 49, Code 7
of Federal Regulations. 8
(ii) Privileged law enforcement infor-9
mation. 10
(iii) Information obtained or derived 11
from any activity authorized under the 12
Foreign Intelligence Surveillance Act of 13
1978 (50 U.S.C. 1801 et seq.). 14
(iv) Information subject to privilege or 15
protection under any other provision of 16
law. 17
(B) T
REATMENT CONSISTENT WITH SEC -18
TION.—Any information that is part of the ad-19
ministrative record filed ex parte and in camera 20
under subparagraph (A), or cited by the court 21
in any decision in a civil action described in 22
paragraph (1), shall be treated by the court 23
consistent with the provisions of this subsection. 24
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In no event shall such information be released 1
to the petitioner or as part of the public record. 2
(4) N
ONAPPLICABILITY OF USE OF INFORMA -3
TION PROVISIONS.—The use of information provi-4
sions of sections 106, 305, 405, and 706 of the For-5
eign Intelligence Surveillance Act of 1978 (50 6
U.S.C. 1806, 1825, 1845, and 1881e) shall not 7
apply in a civil action challenging an action or find-8
ing of the Secretary of Commerce made on the basis 9
of information made available to officials of the De-10
partment of Commerce pursuant to this section. 11
(5) R
ULE OF CONSTRUCTION CONCERNING 12
RIGHT TO ACCESS .—No provision of this section 13
shall be construed to create a right to obtain access 14
to information in the possession of the Federal Gov-15
ernment that was considered in an action or finding 16
of the Secretary of Commerce, including any classi-17
fied information or sensitive but unclassified infor-18
mation. 19
(6) E
XEMPTION FROM FREEDOM OF INFORMA -20
TION ACT.—Any information made available to offi-21
cials of the Department of Commerce pursuant to 22
this section is exempt from disclosure under section 23
552 of title 5, United States Code (commonly re-24
ferred to as the ‘‘Freedom of Information Act’’). 25
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SEC. 506. REVIEW REGARDING INFORMATION COLLECTION 1
AND ANALYSIS WITH RESPECT TO ECONOMIC 2
COMPETITION. 3
(a) R
EVIEW.— 4
(1) I
N GENERAL.—Not later than 30 days after 5
the date of the enactment of this Act, the Director 6
of National Intelligence shall complete a review of 7
the requirements and access to commercial informa-8
tion used by elements of the intelligence community 9
for analysis of capital flows, investment security, 10
beneficial ownership of entities, and other trans-11
actions and functions related to identifying threats, 12
gaps, and opportunities with respect to economic 13
competition with foreign countries, including the 14
People’s Republic of China. 15
(2) E
LEMENTS.—The review required by para-16
graph (1) shall include the following: 17
(A) The length and expiration of licenses 18
for access to commercial information. 19
(B) The number of such licenses permitted 20
for each element of the intelligence community. 21
(C) The number of such licenses permitted 22
for Federal departments and agencies that are 23
not elements of the intelligence community, in-24
cluding the Department of Commerce. 25
(b) R
EPORT; BRIEFING.— 26
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(1) IN GENERAL.—Not later than 60 days after 1
the date on which the review required by subsection 2
(a)(1) is completed, the Director of National Intel-3
ligence shall submit a report and provide a briefing 4
to Congress on the findings of the review. 5
(2) E
LEMENTS.—The report and briefing re-6
quired by paragraph (1) shall include the following: 7
(A) The findings of the review required by 8
subsection (a)(1). 9
(B) Recommendations of the Director on 10
whether and how the standardization of access 11
to commercial information, the expansion of li-12
censes for such access, the lengthening of li-13
cense terms beyond 1 year, and the issuance of 14
Government-wide (as opposed to agency-by- 15
agency) licenses would advance the open-source 16
collection and analytical requirements of the in-17
telligence community with respect to economic 18
competition with foreign countries, including 19
the People’s Republic of China. 20
(C) An assessment of cost savings or in-21
creases that may result from the standardiza-22
tion described in subparagraph (B). 23
(3) F
ORM.—The report and briefing required 24
by paragraph (1) may be classified. 25
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Subtitle B—Next-generation En-1
ergy, Biotechnology, and Artifi-2
cial Intelligence 3
SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC 4
AND TECHNOLOGICAL CAPABILITIES OF THE 5
PEOPLE’S REPUBLIC OF CHINA. 6
Section 6503(c)(3) of the Intelligence Authorization 7
Act for Fiscal Year 2023 (Public Law 117–263) is amend-8
ed by adding at the end the following: 9
‘‘(I) A detailed assessment, prepared in 10
consultation with all elements of the working 11
group— 12
‘‘(i) of the investments made by the 13
People’s Republic of China in— 14
‘‘(I) artificial intelligence; 15
‘‘(II) next-generation energy 16
technologies, especially small modular 17
reactors and advanced batteries; and 18
‘‘(III) biotechnology; and 19
‘‘(ii) that identifies— 20
‘‘(I) competitive practices of the 21
People’s Republic of China relating to 22
the technologies described in clause 23
(i); 24
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‘‘(II) opportunities to counter the 1
practices described in subclause (I); 2
‘‘(III) countries the People’s Re-3
public of China is targeting for ex-4
ports of civil nuclear technology; 5
‘‘(IV) countries best positioned to 6
utilize civil nuclear technologies from 7
the United States in order to facilitate 8
the commercial export of those tech-9
nologies; 10
‘‘(V) United States vulnerabilities 11
in the supply chain of these tech-12
nologies; and 13
‘‘(VI) opportunities to counter 14
the export by the People’s Republic of 15
China of civil nuclear technologies 16
globally. 17
‘‘(J) An identification and assessment of 18
any unmet resource or authority needs of the 19
working group that affect the ability of the 20
working group to carry out this section.’’. 21
SEC. 512. PROCUREMENT OF PUBLIC UTILITY CONTRACTS. 22
Subparagraph (B) of section 501(b)(1) of title 40, 23
United States Code, is amended to read as follows: 24
‘‘(B) P
UBLIC UTILITY CONTRACTS .— 25
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‘‘(i) IN GENERAL.—A contract for 1
public utility services may be made— 2
‘‘(I) except as provided in sub-3
clause (II), for a period of not more 4
than 10 years; or 5
‘‘(II) for an executive agency that 6
is, or has a component that is, an ele-7
ment of the intelligence community 8
(as defined in section 3 of the Na-9
tional Security Act of 1947 (50 10
U.S.C. 3003)), for a period of not 11
more than 30 years, if the executive 12
agency determines the extended period 13
is in the best interests of national se-14
curity. 15
‘‘(ii) P
AYMENT.—The cost of a public 16
utility services contract for any year may 17
be paid from annual appropriations for 18
that year.’’. 19
SEC. 513. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY 20
FOR INTELLIGENCE COMMUNITY CAPABILI-21
TIES. 22
(a) A
SSESSMENTREQUIRED.—The Director of Na-23
tional Intelligence shall, in consultation with the heads of 24
such other elements of the intelligence community as the 25
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Director considers appropriate, conduct an assessment of 1
capabilities identified by the Intelligence Community Con-2
tinuity Program established pursuant to section E(3) of 3
Intelligence Community Directive 118, or any successor 4
directive, or such other facilities or capabilities as may be 5
determined by the Director to be critical to United States 6
national security, that have unique energy needs— 7
(1) to ascertain the feasibility and advisability 8
of using civil nuclear reactors to meet such needs; 9
and 10
(2) to identify such additional resources, tech-11
nologies, infrastructure, or authorities needed, or 12
other potential obstacles, to commence use of a nu-13
clear reactor to meet such needs. 14
(b) R
EPORT.—Not later than 180 days after the date 15
of the enactment of this Act, the Director shall submit 16
to the congressional intelligence committees a report, 17
which may be in classified form, on the findings of the 18
Director with respect to the assessment conducted pursu-19
ant to subsection (a). 20
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SEC. 514. POLICIES ESTABLISHED BY DIRECTOR OF NA-1
TIONAL INTELLIGENCE FOR ARTIFICIAL IN-2
TELLIGENCE CAPABILITIES. 3
(a) I
NGENERAL.—Section 6702 of the Intelligence 4
Authorization Act for Fiscal Year 2023 (50 U.S.C. 5
3334m) is amended— 6
(1) in subsection (a), in the matter preceding 7
paragraph (1), by striking ‘‘subsection (b)’’ and in-8
serting ‘‘subsection (c)’’; 9
(2) by redesignating subsection (b) as sub-10
section (c); and 11
(3) by inserting after subsection (a) the fol-12
lowing: 13
‘‘(b) P
OLICIES.— 14
‘‘(1) I
N GENERAL.—In carrying out subsection 15
(a)(1), not later than 1 year after the date of the 16
enactment of the Intelligence Authorization Act for 17
Fiscal Year 2024, the Director of National Intel-18
ligence, in consultation with the heads of the ele-19
ments of the intelligence community, shall establish 20
the policies described in paragraph (2). 21
‘‘(2) P
OLICIES DESCRIBED.—The policies de-22
scribed in this paragraph are policies for the acquisi-23
tion, adoption, development, use, coordination, and 24
maintenance of artificial intelligence capabilities 25
that— 26
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‘‘(A) establish a lexicon relating to the use 1
of machine learning and artificial intelligence 2
developed or acquired by elements of the intel-3
ligence community; 4
‘‘(B) establish guidelines for evaluating the 5
performance of models developed or acquired by 6
elements of the intelligence community, such as 7
by— 8
‘‘(i) specifying conditions for the con-9
tinuous monitoring of artificial intelligence 10
capabilities for performance, including the 11
conditions for retraining or retiring models 12
based on performance; 13
‘‘(ii) documenting performance objec-14
tives, including specifying how performance 15
objectives shall be developed and contrac-16
tually enforced for capabilities procured 17
from third parties; 18
‘‘(iii) specifying the manner in which 19
models should be audited, as necessary, in-20
cluding the types of documentation that 21
should be provided to any auditor; and 22
‘‘(iv) specifying conditions under 23
which models used by elements of the intel-24
ligence community should be subject to 25
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testing and evaluation for vulnerabilities to 1
techniques meant to undermine the avail-2
ability, integrity, or privacy of an artificial 3
intelligence capability; 4
‘‘(C) establish guidelines for tracking de-5
pendencies in adjacent systems, capabilities, or 6
processes impacted by the retraining or 7
sunsetting of any model described in subpara-8
graph (B); 9
‘‘(D) establish documentation requirements 10
for capabilities procured from third parties, 11
aligning such requirements, as necessary, with 12
existing documentation requirements applicable 13
to capabilities developed by elements of the in-14
telligence community and, to the greatest extent 15
possible, with industry standards; 16
‘‘(E) establish standards for the docu-17
mentation of imputed, augmented, or synthetic 18
data used to train any model developed, pro-19
cured, or used by an element of the intelligence 20
community; and 21
‘‘(F) provide guidance on the acquisition 22
and usage of models that have previously been 23
trained by a third party for subsequent modi-24
fication and usage by such an element. 25
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‘‘(3) POLICY REVIEW AND REVISION .—The Di-1
rector of National Intelligence shall periodically re-2
view and revise each policy established under para-3
graph (1).’’. 4
(b) C
ONFORMINGAMENDMENT.—Section 6712(b)(1) 5
of such Act (50 U.S.C. 3024 note) is amended by striking 6
‘‘section 6702(b)’’ and inserting ‘‘section 6702(c)’’. 7
SEC. 515. STRATEGY FOR SUBMITTAL OF NOTICE BY PRI-8
VATE PERSONS TO FEDERAL AGENCIES RE-9
GARDING CERTAIN RISKS AND THREATS RE-10
LATING TO ARTIFICIAL INTELLIGENCE. 11
(a) F
INDINGS.—Congress finds the following: 12
(1) Artificial intelligence systems demonstrate 13
increased capabilities in the generation of synthetic 14
media and computer programming code, and in 15
areas such as object recognition, natural language 16
processing, biological design, and workflow orches-17
tration. 18
(2) The growing capabilities of artificial intel-19
ligence systems in the areas described in paragraph 20
(1), as well as the greater accessibility of large-scale 21
artificial intelligence models to individuals, busi-22
nesses, and governments, have dramatically in-23
creased the adoption of artificial intelligence prod-24
ucts in the United States and globally. 25
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(3) The advanced capabilities of the systems de-1
scribed in paragraph (1), and their accessibility to a 2
wide range of users, have increased the likelihood 3
and effect of misuse or malfunction of these systems, 4
such as to generate synthetic media for 5
disinformation campaigns, develop or refine malware 6
for computer network exploitation activity, design or 7
develop dual-use biological entities such as toxic 8
small molecules, proteins, or pathogenic organisms, 9
enhance surveillance capabilities in ways that under-10
mine the privacy of citizens of the United States, 11
and increase the risk of exploitation or malfunction 12
of information technology systems incorporating ar-13
tificial intelligence systems in mission-critical fields 14
such as health care, critical infrastructure, and 15
transportation. 16
(b) S
TRATEGYREQUIRED.—Not later than 180 days 17
after the date of the enactment of this Act, the President 18
shall establish a strategy by which vendors and commer-19
cial users of artificial intelligence systems, as well as inde-20
pendent researchers and other third parties, may effec-21
tively notify appropriate elements of the United States 22
Government of— 23
(1) information security risks emanating from 24
artificial intelligence systems, such as the use of an 25
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artificial intelligence system to develop or refine ma-1
licious software; 2
(2) information security risks such as indica-3
tions of compromise or other threat information in-4
dicating a compromise to the confidentiality, integ-5
rity, or availability of an artificial intelligence sys-6
tem, or to the supply chain of an artificial intel-7
ligence system, including training or test data, 8
frameworks, computing environments, or other com-9
ponents necessary for the training, management, or 10
maintenance of an artificial intelligence system; 11
(3) biosecurity risks emanating from artificial 12
intelligence systems, such as the use of an artificial 13
intelligence system to design, develop, or acquire 14
dual-use biological entities such as putatively toxic 15
small molecules, proteins, or pathogenic organisms; 16
(4) suspected foreign malign influence (as de-17
fined by section 119C of the National Security Act 18
of 1947 (50 U.S.C. 3059(f))) activity that appears 19
to be facilitated by an artificial intelligence system; 20
and 21
(5) any other unlawful activity facilitated by, or 22
directed at, an artificial intelligence system. 23
(c) E
LEMENTS.—The strategy established pursuant 24
to subsection (b) shall include the following: 25
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(1) An outline of a plan for Federal agencies to 1
engage in industry outreach and public education on 2
the risks posed by, and directed at, artificial intel-3
ligence systems. 4
(2) Use of research and development, stake-5
holder outreach, and risk management frameworks 6
established pursuant to provisions of law in effect on 7
the day before the date of the enactment of this Act 8
or Federal agency guidelines. 9
TITLE VI—WHISTLEBLOWER 10
MATTERS 11
SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND 12
INFORMATION BY WHISTLEBLOWERS IN THE 13
INTELLIGENCE COMMUNITY. 14
(a) A
MENDMENTS TO CHAPTER4 OFTITLE5.— 15
(1) A
PPOINTMENT OF SECURITY OFFICERS .— 16
Section 416 of title 5, United States Code, is 17
amended by adding at the end the following: 18
‘‘(i) A
PPOINTMENT OF SECURITYOFFICERS.—Each 19
Inspector General under this section, including the des-20
ignees of the Inspector General of the Department of De-21
fense pursuant to subsection (b)(3), shall appoint within 22
their offices security officers to provide, on a permanent 23
basis, confidential, security-related guidance and direction 24
to an employee of their respective establishment, an em-25
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ployee assigned or detailed to such establishment, or an 1
employee of a contractor of such establishment who in-2
tends to report to Congress a complaint or information, 3
so that such employee can obtain direction on how to re-4
port to Congress in accordance with appropriate security 5
practices.’’. 6
(2) P
ROCEDURES.—Subsection (e) of such sec-7
tion is amended— 8
(A) in paragraph (1), by inserting ‘‘or any 9
other committee of jurisdiction of the Senate or 10
the House of Representatives’’ after ‘‘either or 11
both of the intelligence committees’’; 12
(B) by amending paragraph (2) to read as 13
follows: 14
‘‘(2) L
IMITATION.— 15
‘‘(A) I
N GENERAL.—Except as provided in 16
subparagraph (B), the employee may contact an 17
intelligence committee or another committee of 18
jurisdiction directly as described in paragraph 19
(1) of this subsection or in subsection (b)(4) 20
only if the employee— 21
‘‘(i) before making such a contact, 22
furnishes to the head of the establishment, 23
through the Inspector General (or des-24
ignee), a statement of the employee’s com-25
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plaint or information and notice of the em-1
ployee’s intent to contact an intelligence 2
committee or another committee of juris-3
diction of the Senate or the House of Rep-4
resentatives directly; and 5
‘‘(ii)(I) obtains and follows, from the 6
head of the establishment, through the In-7
spector General (or designee), procedural 8
direction on how to contact an intelligence 9
committee or another committee of juris-10
diction of the Senate or the House of Rep-11
resentatives in accordance with appropriate 12
security practices; or 13
‘‘(II) obtains and follows such proce-14
dural direction from the applicable security 15
officer appointed under subsection (i). 16
‘‘(B) L
ACK OF PROCEDURAL DIRECTION .— 17
If an employee seeks procedural direction under 18
subparagraph (A)(ii) and does not receive such 19
procedural direction within 30 days, or receives 20
insufficient direction to report to Congress a 21
complaint or information, the employee may 22
contact an intelligence committee or any other 23
committee of jurisdiction of the Senate or the 24
House of Representatives directly without ob-25
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taining or following the procedural direction 1
otherwise required under such subparagraph.’’; 2
and 3
(C) by redesignating paragraph (3) as 4
paragraph (4); and 5
(D) by inserting after paragraph (2) the 6
following: 7
‘‘(3) C
OMMITTEE MEMBERS AND STAFF .—An 8
employee of an element of the intelligence commu-9
nity who intends to report to Congress a complaint 10
or information may report such complaint or infor-11
mation to the Chairman and Vice Chairman or 12
Ranking Member, as the case may be, of an intel-13
ligence committee or another committee of jurisdic-14
tion of the Senate or the House of Representatives, 15
a nonpartisan member of the committee staff des-16
ignated for purposes of receiving complaints or in-17
formation under this section, or a member of the 18
majority staff and a member of the minority staff of 19
the committee.’’. 20
(3) C
LARIFICATION OF RIGHT TO REPORT DI -21
RECTLY TO CONGRESS .—Subsection (b) of such sec-22
tion is amended by adding at the end the following: 23
‘‘(4) C
LARIFICATION OF RIGHT TO REPORT DI -24
RECTLY TO CONGRESS .—Subject to paragraphs (2) 25
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and (3) of subsection (e), an employee of an element 1
of the intelligence community who intends to report 2
to Congress a complaint or information may report 3
such complaint or information directly to Congress, 4
regardless of whether the complaint or information 5
is with respect to an urgent concern— 6
‘‘(A) in lieu of reporting such complaint or 7
information under paragraph (1); or 8
‘‘(B) in addition to reporting such com-9
plaint or information under paragraph (1).’’. 10
(b) A
MENDMENTS TO NATIONALSECURITYACT OF 11
1947.— 12
(1) A
PPOINTMENT OF SECURITY OFFICERS .— 13
Section 103H(j) of the National Security Act of 14
1947 (50 U.S.C. 3033(j)) is amended by adding at 15
the end the following: 16
‘‘(5) The Inspector General shall appoint within 17
the Office of the Inspector General security officers 18
as required by section 416(i) of title 5, United 19
States Code.’’. 20
(2) P
ROCEDURES.—Subparagraph (D) of sec-21
tion 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) 22
is amended— 23
(A) in clause (i), by inserting ‘‘or any 24
other committee of jurisdiction of the Senate or 25
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the House of Representatives’’ after ‘‘either or 1
both of the congressional intelligence commit-2
tees’’; 3
(B) by amending clause (ii) to read as fol-4
lows: 5
‘‘(ii)(I) Except as provided in subclause (II), an 6
employee may contact a congressional intelligence 7
committee or another committee of jurisdiction di-8
rectly as described in clause (i) only if the em-9
ployee— 10
‘‘(aa) before making such a contact, fur-11
nishes to the Director, through the Inspector 12
General, a statement of the employee’s com-13
plaint or information and notice of the employ-14
ee’s intent to contact a congressional intel-15
ligence committee or another committee of ju-16
risdiction of the Senate or the House of Rep-17
resentatives directly; and 18
‘‘(bb)(AA) obtains and follows, from the 19
Director, through the Inspector General, proce-20
dural direction on how to contact a congres-21
sional intelligence committee or another com-22
mittee of jurisdiction of the Senate or the 23
House of Representatives in accordance with 24
appropriate security practices; or 25
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‘‘(BB) obtains and follows such procedural 1
direction from the applicable security officer ap-2
pointed under section 416(i) of title 5, United 3
States Code. 4
‘‘(II) If an employee seeks procedural di-5
rection under subclause (I)(bb) and does not re-6
ceive such procedural direction within 30 days, 7
or receives insufficient direction to report to 8
Congress a complaint or information, the em-9
ployee may contact a congressional intelligence 10
committee or any other committee of jurisdic-11
tion of the Senate or the House of Representa-12
tives directly without obtaining or following the 13
procedural direction otherwise required under 14
such subclause.’’; 15
(C) by redesignating clause (iii) as clause 16
(iv); and 17
(D) by inserting after clause (ii) the fol-18
lowing: 19
‘‘(iii) An employee of an element of the intel-20
ligence community who intends to report to Con-21
gress a complaint or information may report such 22
complaint or information to the Chairman and Vice 23
Chairman or Ranking Member, as the case may be, 24
of a congressional intelligence committee or another 25
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committee of jurisdiction of the Senate or the House 1
of Representatives, a nonpartisan member of the 2
committee staff designated for purposes of receiving 3
complaints or information under this section, or a 4
member of the majority staff and a member of the 5
minority staff of the committee.’’. 6
(3) C
LARIFICATION OF RIGHT TO REPORT DI -7
RECTLY TO CONGRESS .—Subparagraph (A) of such 8
section is amended— 9
(A) by inserting ‘‘(i)’’ before ‘‘An employee 10
of’’; and 11
(B) by adding at the end the following: 12
‘‘(ii) Subject to clauses (ii) and (iii) of subpara-13
graph (D), an employee of an element of the intel-14
ligence community who intends to report to Con-15
gress a complaint or information may report such 16
complaint or information directly to Congress, re-17
gardless of whether the complaint or information is 18
with respect to an urgent concern— 19
‘‘(I) in lieu of reporting such complaint or 20
information under clause (i); or 21
‘‘(II) in addition to reporting such com-22
plaint or information under clause (i).’’. 23
(c) A
MENDMENTS TO THE CENTRALINTELLIGENCE 24
A
GENCYACT OF1949.— 25
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(1) APPOINTMENT OF SECURITY OFFICERS .— 1
Section 17(d)(5) of the Central Intelligence Agency 2
Act of 1949 (50 U.S.C. 3517(d)(5)) is amended by 3
adding at the end the following: 4
‘‘(I) The Inspector General shall appoint within the 5
Office of the Inspector General security officers as re-6
quired by section 416(i) of title 5, United States Code.’’. 7
(2) P
ROCEDURES.—Subparagraph (D) of such 8
section is amended— 9
(A) in clause (i), by inserting ‘‘or any 10
other committee of jurisdiction of the Senate or 11
the House of Representatives’’ after ‘‘either or 12
both of the intelligence committees’’; 13
(B) by amending clause (ii) to read as fol-14
lows: 15
‘‘(ii)(I) Except as provided in subclause (II), an em-16
ployee may contact an intelligence committee or another 17
committee of jurisdiction directly as described in clause 18
(i) only if the employee— 19
‘‘(aa) before making such a contact, furnishes 20
to the Director, through the Inspector General, a 21
statement of the employee’s complaint or informa-22
tion and notice of the employee’s intent to contact 23
an intelligence committee or another committee of 24
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jurisdiction of the Senate or the House of Rep-1
resentatives directly; and 2
‘‘(bb)(AA) obtains and follows, from the Direc-3
tor, through the Inspector General, procedural direc-4
tion on how to contact an intelligence committee or 5
another committee of jurisdiction of the Senate or 6
the House of Representatives in accordance with ap-7
propriate security practices; or 8
‘‘(BB) obtains and follows such procedural di-9
rection from the applicable security officer appointed 10
under section 416(i) of title 5, United States Code. 11
‘‘(II) If an employee seeks procedural direction 12
under subclause (I)(bb) and does not receive such 13
procedural direction within 30 days, or receives in-14
sufficient direction to report to Congress a complaint 15
or information, the employee may contact an intel-16
ligence committee or another committee of jurisdic-17
tion of the Senate or the House of Representatives 18
directly without obtaining or following the proce-19
dural direction otherwise required under such sub-20
clause.’’; 21
(C) by redesignating clause (iii) as clause 22
(iv); and 23
(D) by inserting after clause (ii) the fol-24
lowing: 25
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‘‘(iii) An employee of the Agency who intends to re-1
port to Congress a complaint or information may report 2
such complaint or information to the Chairman and Vice 3
Chairman or Ranking Member, as the case may be, of an 4
intelligence committee or another committee of jurisdic-5
tion of the Senate or the House of Representatives, a non-6
partisan member of the committee staff designated for 7
purposes of receiving complaints or information under this 8
section, or a member of the majority staff and a member 9
of the minority staff of the committee.’’. 10
(3) C
LARIFICATION OF RIGHT TO REPORT DI -11
RECTLY TO CONGRESS .—Subparagraph (A) of such 12
section is amended— 13
(A) by inserting ‘‘(i)’’ before ‘‘An employee 14
of’’; and 15
(B) by adding at the end the following: 16
‘‘(ii) Subject to clauses (ii) and (iii) of subparagraph 17
(D), an employee of the Agency who intends to report to 18
Congress a complaint or information may report such 19
complaint or information directly to Congress, regardless 20
of whether the complaint or information is with respect 21
to an urgent concern— 22
‘‘(I) in lieu of reporting such complaint or in-23
formation under clause (i); or 24
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‘‘(II) in addition to reporting such complaint or 1
information under clause (i).’’. 2
(d) R
ULE OFCONSTRUCTION.—Nothing in this sec-3
tion or an amendment made by this section shall be con-4
strued to revoke or diminish any right of an individual 5
provided by section 2303 of title 5, United States Code. 6
SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHIS-7
TLEBLOWER IDENTITY AS REPRISAL 8
AGAINST WHISTLEBLOWER DISCLOSURE BY 9
EMPLOYEES AND CONTRACTORS IN INTEL-10
LIGENCE COMMUNITY. 11
(a) I
NGENERAL.—Section 1104 of the National Se-12
curity Act of 1947 (50 U.S.C. 3234) is amended— 13
(1) in subsection (a)(3) of such section— 14
(A) in subparagraph (I), by striking ‘‘; or’’ 15
and inserting a semicolon; 16
(B) by redesignating subparagraph (J) as 17
subparagraph (K); and 18
(C) by inserting after subparagraph (I) the 19
following: 20
‘‘(J) a knowing and willful disclosure re-21
vealing the identity or other personally identifi-22
able information of an employee or contractor 23
employee so as to identify the employee or con-24
tractor employee as an employee or contractor 25
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employee who has made a lawful disclosure de-1
scribed in subsection (b) or (c); or’’; 2
(2) by redesignating subsections (f) and (g) as 3
subsections (g) and (h), respectively; and 4
(3) by inserting after subsection (e) the fol-5
lowing: 6
‘‘(f) P
ERSONNELACTIONSINVOLVINGDISCLOSURE 7
OFWHISTLEBLOWER IDENTITY.—A personnel action de-8
scribed in subsection (a)(3)(J) shall not be considered to 9
be in violation of subsection (b) or (c) under the following 10
circumstances: 11
‘‘(1) The personnel action was taken with the 12
express consent of the employee or contractor em-13
ployee. 14
‘‘(2) An Inspector General with oversight re-15
sponsibility for a covered intelligence community ele-16
ment determines that— 17
‘‘(A) the personnel action was unavoidable 18
under section 103H(g)(3)(A) of this Act (50 19
U.S.C. 3033(g)(3)(A)), section 17(e)(3)(A) of 20
the Central Intelligence Agency Act of 1949 (50 21
U.S.C. 3517(e)(3)(A)), section 407(b) of title 5, 22
United States Code, or section 420(b)(2)(B) of 23
such title; 24
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‘‘(B) the personnel action was made to an 1
official of the Department of Justice responsible 2
for determining whether a prosecution should 3
be undertaken; or 4
‘‘(C) the personnel action was required by 5
statute or an order from a court of competent 6
jurisdiction.’’. 7
(b) A
PPLICABILITY TODETAILEES.—Subsection (a) 8
of section 1104 of such Act (50 U.S.C. 3234) is amended 9
by adding at the end the following: 10
‘‘(5) E
MPLOYEE.—The term ‘employee’, with 11
respect to an agency or a covered intelligence com-12
munity element, includes an individual who has been 13
detailed to such agency or covered intelligence com-14
munity element.’’. 15
(c) P
RIVATERIGHT OFACTION FORUNLAWFULDIS-16
CLOSURE OF WHISTLEBLOWER IDENTITY.—Subsection 17
(g) of such section, as redesignated by subsection (a)(2) 18
of this section, is amended to read as follows: 19
‘‘(g) E
NFORCEMENT.— 20
‘‘(1) I
N GENERAL.—Except as otherwise pro-21
vided in this subsection, the President shall provide 22
for the enforcement of this section. 23
‘‘(2) H
ARMONIZATION WITH OTHER ENFORCE -24
MENT.—To the fullest extent possible, the President 25
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shall provide for enforcement of this section in a 1
manner that is consistent with the enforcement of 2
section 2302(b)(8) of title 5, United States Code, es-3
pecially with respect to policies and procedures used 4
to adjudicate alleged violations of such section. 5
‘‘(3) P
RIVATE RIGHT OF ACTION FOR DISCLO -6
SURES OF WHISTLEBLOWER IDENTITY IN VIOLATION 7
OF PROHIBITION AGAINST REPRISALS .—Subject to 8
paragraph (4), in a case in which an employee of an 9
agency takes a personnel action described in sub-10
section (a)(3)(J) against an employee of a covered 11
intelligence community element as a reprisal in vio-12
lation of subsection (b) or in a case in which an em-13
ployee or contractor employee takes a personnel ac-14
tion described in subsection (a)(3)(J) against an-15
other contractor employee as a reprisal in violation 16
of subsection (c), the employee or contractor em-17
ployee against whom the personnel action was taken 18
may, consistent with section 1221 of title 5, United 19
States Code, bring a private action for all appro-20
priate remedies, including injunctive relief and com-21
pensatory and punitive damages, in an amount not 22
to exceed $250,000, against the agency of the em-23
ployee or contracting agency of the contractor em-24
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ployee who took the personnel action, in a Federal 1
district court of competent jurisdiction. 2
‘‘(4) R
EQUIREMENTS.— 3
‘‘(A) R
EVIEW BY INSPECTOR GENERAL 4
AND BY EXTERNAL REVIEW PANEL .—Before 5
the employee or contractor employee may bring 6
a private action under paragraph (3), the em-7
ployee or contractor employee shall exhaust ad-8
ministrative remedies by— 9
‘‘(i) first, obtaining a disposition of 10
their claim by requesting review by the ap-11
propriate inspector general; and 12
‘‘(ii) second, if the review under clause 13
(i) does not substantiate reprisal, by sub-14
mitting to the Inspector General of the In-15
telligence Community a request for a re-16
view of the claim by an external review 17
panel under section 1106. 18
‘‘(B) P
ERIOD TO BRING ACTION.—The em-19
ployee or contractor employee may bring a pri-20
vate right of action under paragraph (3) during 21
the 180-day period beginning on the date on 22
which the employee or contractor employee is 23
notified of the final disposition of their claim 24
under section 1106.’’. 25
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SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE 1
SECURITY CLEARANCE AND ACCESS DETER-2
MINATIONS. 3
Subparagraph (C) of section 3001(j)(4) of the Intel-4
ligence Reform and Terrorism Prevention Act of 2004 (50 5
U.S.C. 3341(j)(4)) is amended to read as follows: 6
‘‘(C) C
ONTRIBUTING FACTOR .— 7
‘‘(i) I
N GENERAL.—Subject to clause 8
(iii), in determining whether the adverse 9
security clearance or access determination 10
violated paragraph (1), the agency shall 11
find that paragraph (1) was violated if the 12
individual has demonstrated that a disclo-13
sure described in paragraph (1) was a con-14
tributing factor in the adverse security 15
clearance or access determination taken 16
against the individual. 17
‘‘(ii) C
IRCUMSTANTIAL EVIDENCE .— 18
An individual under clause (i) may dem-19
onstrate that the disclosure was a contrib-20
uting factor in the adverse security clear-21
ance or access determination taken against 22
the individual through circumstantial evi-23
dence, such as evidence that— 24
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‘‘(I) the official making the de-1
termination knew of the disclosure; 2
and 3
‘‘(II) the determination occurred 4
within a period such that a reasonable 5
person could conclude that the disclo-6
sure was a contributing factor in the 7
determination. 8
‘‘(iii) D
EFENSE.—In determining 9
whether the adverse security clearance or 10
access determination violated paragraph 11
(1), the agency shall not find that para-12
graph (1) was violated if, after a finding 13
that a disclosure was a contributing factor, 14
the agency demonstrates by clear and con-15
vincing evidence that it would have made 16
the same security clearance or access de-17
termination in the absence of such disclo-18
sure.’’. 19
SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAM-20
AGES FOR RETALIATORY REVOCATION OF SE-21
CURITY CLEARANCES AND ACCESS DETER-22
MINATIONS. 23
Section 3001(j)(4)(B) of the Intelligence Reform and 24
Terrorism Prevention Act of 2004 (50 U.S.C. 25
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3341(j)(4)(B)) is amended, in the second sentence, by 1
striking ‘‘not to exceed $300,000’’. 2
SEC. 605. MODIFICATION AND REPEAL OF REPORTING RE-3
QUIREMENTS. 4
(a) M
ODIFICATION OF FREQUENCY OF WHISTLE-5
BLOWERNOTIFICATIONS TO INSPECTORGENERAL OF 6
THEINTELLIGENCECOMMUNITY.—Section 5334(a) of the 7
Damon Paul Nelson and Matthew Young Pollard Intel-8
ligence Authorization Act for Fiscal Years 2018, 2019, 9
and 2020 (Public Law 116–92; 50 U.S.C. 3033 note) is 10
amended by striking ‘‘in real time’’ and inserting ‘‘month-11
ly’’. 12
(b) R
EPEAL OFREQUIREMENT FOR INSPECTORS 13
G
ENERALREVIEWS OFENHANCEDPERSONNELSECU-14
RITYPROGRAMS.— 15
(1) I
N GENERAL.—Section 11001 of title 5, 16
United States Code, is amended— 17
(A) by striking subsection (d); and 18
(B) by redesignating subsection (e) as sub-19
section (d). 20
(2) T
ECHNICAL CORRECTIONS .—Subsection (d) 21
of section 11001 of such title, as redesignated by 22
paragraph (1)(B), is amended— 23
(A) in paragraph (3), by adding ‘‘and’’ 24
after the semicolon at the end; and 25
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(B) in paragraph (4), by striking ‘‘; and’’ 1
and inserting a period. 2
TITLE VII—CLASSIFICATION 3
REFORM 4
Subtitle A—Classification Reform 5
Act of 2023 6
CHAPTER 1—SHORT TITLE; DEFINITIONS 7
SEC. 701. SHORT TITLE. 8
This subtitle may be cited as the ‘‘Classification Re-9
form Act of 2023’’. 10
SEC. 702. DEFINITIONS. 11
Title VIII of the National Security Act of 1947 (50 12
U.S.C. 3161 et seq.) is amended— 13
(1) in the title heading by striking ‘‘ACCESS 14
TO CLASSIFIED INFORMATION PROCE-15
DURES’’ and inserting ‘‘PROTECTION OF 16
NATIONAL SECURITY INFORMATION ’’; 17
(2) in the matter before section 801, by insert-18
ing the following: 19
‘‘Subtitle A—Definitions 20
‘‘SEC. 800. DEFINITIONS. 21
‘‘In this title: 22
‘‘(1) A
GENCY.—The term ‘agency’ means any 23
Executive agency as defined in section 105 of title 24
5, United States Code, any military department as 25
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defined in section 102 of such title, and any other 1
entity in the executive branch of the Federal Gov-2
ernment that comes into the possession of classified 3
information. 4
‘‘(2) A
UTHORIZED INVESTIGATIVE AGENCY .— 5
The term ‘authorized investigative agency’ means an 6
agency authorized by law or regulation to conduct a 7
counterintelligence investigation or investigations of 8
persons who are proposed for access to classified in-9
formation to ascertain whether such persons satisfy 10
the criteria for obtaining and retaining access to 11
such information. 12
‘‘(3) C
LASSIFY, CLASSIFIED, CLASSIFICATION.— 13
The terms ‘classify’, ‘classified’, and ‘classification’ 14
refer to the process by which information is deter-15
mined to require protection from unauthorized dis-16
closure pursuant to this title in order to protect the 17
national security of the United States. 18
‘‘(4) C
LASSIFIED INFORMATION .—The term 19
‘classified information’ means information that has 20
been classified. 21
‘‘(5) C
OMPUTER.—The term ‘computer’ means 22
any electronic, magnetic, optical, electrochemical, or 23
other high-speed data processing device performing 24
logical, arithmetic, or storage functions, and includes 25
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any data storage facility or communications facility 1
directly related to or operating in conjunction with 2
such device and any data or other information 3
stored or contained in such device. 4
‘‘(6) C
ONSUMER REPORTING AGENCY .—The 5
term ‘consumer reporting agency’ has the meaning 6
given such term in section 603 of the Consumer 7
Credit Protection Act (15 U.S.C. 1681a). 8
‘‘(7) D
ECLASSIFY, DECLASSIFIED, DECLAS-9
SIFICATION.—The terms ‘declassify’, ‘declassified’, 10
and ‘declassification’ refer to the process by which 11
information that has been classified is determined to 12
no longer require protection from unauthorized dis-13
closure pursuant to this title. 14
‘‘(8) D
OCUMENT.—The term ‘document’ means 15
any recorded information, regardless of the nature of 16
the medium or the method or circumstances of re-17
cording. 18
‘‘(9) E
MPLOYEE.—The term ‘employee’ includes 19
any person who receives a salary or compensation of 20
any kind from the United States Government, is a 21
contractor of the United States Government or an 22
employee thereof, is an unpaid consultant of the 23
United States Government, or otherwise acts for or 24
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on behalf of the United States Government, except 1
as otherwise determined by the President. 2
‘‘(10) E
XECUTIVE AGENT FOR CLASSIFICATION 3
AND DECLASSIFICATION .—The term ‘Executive 4
Agent for Classification and Declassification’ means 5
the Executive Agent for Classification and Declas-6
sification established by section 811(a). 7
‘‘(11) F
INANCIAL AGENCY AND HOLDING COM -8
PANY.—The terms ‘financial agency’ and ‘financial 9
institution’ have the meanings given to such terms 10
in section 5312(a) of title 31, United States Code, 11
and the term ‘holding company’ has the meaning 12
given to such term in section 1101(6) of the Right 13
to Financial Privacy Act of 1978 (12 U.S.C. 3401). 14
‘‘(12) F
OREIGN POWER AND AGENT OF A FOR -15
EIGN POWER.—The terms ‘foreign power’ and ‘agent 16
of a foreign power’ have the meanings given such 17
terms in section 101 of the Foreign Intelligence Sur-18
veillance Act of 1978 (50 U.S.C. 1801). 19
‘‘(13) I
NFORMATION.—The term ‘information’ 20
means any knowledge that can be communicated, or 21
documentary material, regardless of its physical 22
form or characteristics, that is owned by, is pro-23
duced by or for, or is under the control of the 24
United States Government. 25
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‘‘(14) INFORMATION SECURITY OVERSIGHT OF -1
FICE.—The term ‘Information Security Oversight 2
Office’ means the Information Security Oversight 3
Office established by section 814(a). 4
‘‘(15) O
RIGINAL CLASSIFICATION AUTHOR -5
ITY.—The term ‘original classification authority’ 6
means an individual authorized in writing, either by 7
the President, the Vice President, or by agency 8
heads or other officials designated by the President, 9
to classify information in the first instance. 10
‘‘(16) R
ECORDS.—The term ‘records’ means the 11
records of an agency and Presidential papers or 12
Presidential records, as those terms are defined in 13
title 44, United States Code, including those created 14
or maintained by a government contractor, licensee, 15
certificate holder, or grantee that are subject to the 16
sponsoring agency’s control under the terms of the 17
contract, license, certificate, or grant. 18
‘‘(17) S
TATE.—The term ‘State’ means each of 19
the several States of the United States, the District 20
of Columbia, the Commonwealth of Puerto Rico, the 21
Commonwealth of the Northern Mariana Islands, 22
the United States Virgin Islands, Guam, American 23
Samoa, the Republic of the Marshall Islands, the 24
Federated States of Micronesia, and the Republic of 25
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Palau, and any other possession of the United 1
States. 2
‘‘Subtitle B—Access to Classified 3
Information Procedures’’; and 4
(3) by striking section 805. 5
CHAPTER 2—GOVERNANCE AND AC-6
COUNTABILITY FOR REFORM OF THE 7
SECURITY CLASSIFICATION SYSTEM 8
SEC. 711. EXECUTIVE AGENT FOR CLASSIFICATION AND DE-9
CLASSIFICATION. 10
Title VIII of the National Security Act of 1947 (50 11
U.S.C. 3161 et seq.), as amended by section 702, is fur-12
ther amended by adding at the end the following: 13
‘‘Subtitle C—Security Classification 14
Governance 15
‘‘SEC. 811. EXECUTIVE AGENT FOR CLASSIFICATION AND 16
DECLASSIFICATION. 17
‘‘(a) E
STABLISHMENT.—There is in the executive 18
branch of the Federal Government an Executive Agent for 19
Classification and Declassification who shall be respon-20
sible for promoting programs, processes, and systems re-21
lating to classification and declassification, including de-22
veloping technical solutions for automating declassification 23
review and directing resources for such purposes in the 24
Federal Government. 25
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‘‘(b) DESIGNATION.—The Director of National Intel-1
ligence shall serve as the Executive Agent for Classifica-2
tion and Declassification. 3
‘‘(c) D
UTIES.—The duties of the Executive Agent for 4
Classification and Declassification are as follows: 5
‘‘(1) To promote classification and declassifica-6
tion programs, processes, and systems with the goal 7
of ensuring that declassification activities keep pace 8
with classification activities and that classified infor-9
mation is declassified at such time as it no longer 10
meets the standard for classification. 11
‘‘(2) To promote classification and declassifica-12
tion programs, processes, and systems that ensure 13
secure management of and tracking of classified 14
records. 15
‘‘(3) To promote the establishment of a fed-16
erated classification and declassification system to 17
streamline, modernize, and oversee declassification 18
across agencies. 19
‘‘(4) To direct resources to develop, coordinate, 20
and implement a federated classification and declas-21
sification system that includes technologies that 22
automate declassification review and promote con-23
sistency in declassification determinations across the 24
executive branch of the Federal Government. 25
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‘‘(5) To work with the Director of the Office of 1
Management and Budget in developing a line item 2
for classification and declassification in each budget 3
of the President that is submitted for a fiscal year 4
under section 1105(a) of title 31, United States 5
Code. 6
‘‘(6) To identify and support the development 7
of— 8
‘‘(A) best practices for classification and 9
declassification among agencies; and 10
‘‘(B) goal-oriented classification and de-11
classification pilot programs. 12
‘‘(7) To promote and implement technological 13
and automated solutions relating to classification 14
and declassification, with human input as necessary 15
for key policy decisions. 16
‘‘(8) To promote feasible, sustainable, and 17
interoperable programs and processes to facilitate a 18
federated classification and declassification system. 19
‘‘(9) To direct the implementation across agen-20
cies of the most effective programs and approaches 21
relating to classification and declassification. 22
‘‘(10) To establish, oversee, and enforce acquisi-23
tion and contracting policies relating to classification 24
and declassification programs. 25
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‘‘(11) In coordination with the Information Se-1
curity Oversight Office— 2
‘‘(A) to issue policies and directives to the 3
heads of agencies relating to directing resources 4
and making technological investments in classi-5
fication and declassification that include sup-6
port for a federated system; 7
‘‘(B) to ensure implementation of the poli-8
cies and directives issued under subparagraph 9
(A); 10
‘‘(C) to collect information on classification 11
and declassification practices and policies across 12
agencies, including training, accounting, chal-13
lenges to effective declassification, and costs as-14
sociated with classification and declassification; 15
‘‘(D) to develop policies for ensuring the 16
accuracy of information obtained from Federal 17
agencies; and 18
‘‘(E) to develop accurate and relevant 19
metrics for judging the success of classification 20
and declassification policies and directives. 21
‘‘(12) To work with appropriate agencies to 22
oversee the implementation of policies, procedures, 23
and processes governing the submission of materials 24
for pre-publication review by persons obligated to 25
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submit materials for such review by the terms of a 1
nondisclosure agreement signed in accordance with 2
Executive Order 12968 (50 U.S.C. 3161 note; relat-3
ing to access to classified information), or successor 4
order, and to ensure such policies, procedures, and 5
processes— 6
‘‘(A) include clear and consistent guidance 7
on materials that must be submitted and the 8
mechanisms for making such submissions; 9
‘‘(B) produce timely and consistent deter-10
minations across agencies; and 11
‘‘(C) incorporate mechanisms for the time-12
ly appeal of such determinations. 13
‘‘(d) C
ONSULTATIONWITHEXECUTIVECOMMITTEE 14
ONCLASSIFICATION AND DECLASSIFICATIONPROGRAMS 15
ANDTECHNOLOGY.—In making decisions under this sec-16
tion, the Executive Agent for Classification and Declas-17
sification shall consult with the Executive Committee on 18
Classification and Declassification Programs and Tech-19
nology established under section 102(a). 20
‘‘(e) C
OORDINATIONWITH THENATIONALDECLAS-21
SIFICATIONCENTER.—In implementing a federated classi-22
fication and declassification system, the Executive Agent 23
for Classification and Declassification shall act in coordi-24
nation with the National Declassification Center estab-25
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lished by section 3.7(a) of Executive Order 13526 (50 1
U.S.C. 3161 note; relating to classified national security 2
information), or successor order. 3
‘‘(f) S
TANDARDS ANDDIRECTIVES OF THEINFORMA-4
TIONSECURITYOVERSIGHTOFFICE.—The programs, 5
policies, and systems promoted by the Executive Agent for 6
Classification and Declassification shall be consistent with 7
the standards and directives established by the Informa-8
tion Security Oversight Office. 9
‘‘(g) A
NNUALREPORT.— 10
‘‘(1) I
N GENERAL.—Not later than the end of 11
the first full fiscal year beginning after the date of 12
the enactment of the Classification Reform Act of 13
2023 and not less frequently than once each fiscal 14
year thereafter, the Executive Agent for Classifica-15
tion and Declassification shall submit to Congress 16
and make available to the public a report on the im-17
plementation of classification and declassification 18
programs and processes in the most recently com-19
pleted fiscal year. 20
‘‘(2) C
OORDINATION.—Each report submitted 21
and made available under paragraph (1) shall be co-22
ordinated with the annual report of the Information 23
Security Oversight Office issued pursuant to section 24
814(d). 25
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‘‘(3) CONTENTS.—Each report submitted and 1
made available under subsection (a) shall include, 2
for the period covered by the report, the following: 3
‘‘(A) The costs incurred by the Federal 4
Government for classification and declassifica-5
tion. 6
‘‘(B) A description of information systems 7
of the Federal Government and technology pro-8
grams, processes, and systems of agencies re-9
lated to classification and declassification. 10
‘‘(C) A description of the policies and di-11
rectives issued by the Executive Agent for Clas-12
sification and Declassification and other activi-13
ties of the Executive Agent for Classification 14
and Declassification. 15
‘‘(D) A description of the challenges posed 16
to agencies in implementing the policies and di-17
rectives of the Executive Agent for Classifica-18
tion and Declassification as well as relevant im-19
plementing policies of the agencies. 20
‘‘(E) A description of pilot programs and 21
new investments in programs, processes, and 22
systems relating to classification and declas-23
sification and metrics of effectiveness for such 24
programs, processes, and systems. 25
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‘‘(F) A description of progress and chal-1
lenges in achieving the goal described in (c)(1). 2
‘‘(h) F
UNDING.— 3
‘‘(1) A
UTHORIZATION OF APPROPRIATIONS .— 4
There are authorized to be appropriated to carry out 5
this section amounts as follows: 6
‘‘(A) $5,000,000 for fiscal year 2024. 7
‘‘(B) For fiscal year 2025 and each fiscal 8
year thereafter, such sums as may be necessary 9
to carry out this section. 10
‘‘(2) B
UDGET ESTIMATES.—In each budget that 11
the President submits to Congress for a fiscal year 12
under section 1105(a) of title 31, United States 13
Code, the President shall include an estimate of the 14
amounts required to carry out this section in that 15
fiscal year.’’. 16
SEC. 712. EXECUTIVE COMMITTEE ON CLASSIFICATION 17
AND DECLASSIFICATION PROGRAMS AND 18
TECHNOLOGY. 19
Subtitle C of title VIII of the National Security Act 20
of 1947 (50 U.S.C. 3161 et seq.), as added by section 21
711, is further amended by adding at the end the fol-22
lowing: 23
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‘‘SEC. 812. EXECUTIVE COMMITTEE ON CLASSIFICATION 1
AND DECLASSIFICATION PROGRAMS AND 2
TECHNOLOGY. 3
‘‘(a) E
STABLISHMENT.—There is established a com-4
mittee to provide direction, advice, and guidance to the 5
Executive Agent for Classification and Declassification on 6
matters relating to classification and declassification pro-7
grams and technology. 8
‘‘(b) D
ESIGNATION.—The committee established by 9
subsection (a) shall be known as the ‘Executive Committee 10
on Classification and Declassification Programs and Tech-11
nology’ (in this section referred to as the ‘Committee’). 12
‘‘(c) M
EMBERSHIP.— 13
‘‘(1) C
OMPOSITION.—The Committee shall be 14
composed of the following: 15
‘‘(A) The Director of National Intelligence. 16
‘‘(B) The Under Secretary of Defense for 17
Intelligence. 18
‘‘(C) The Secretary of Energy. 19
‘‘(D) The Secretary of State. 20
‘‘(E) The Director of the National Declas-21
sification Center. 22
‘‘(F) The Director of the Information Se-23
curity Oversight Board. 24
‘‘(G) The Director of the Office of Man-25
agement and Budget. 26
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‘‘(H) Such other members as the Executive 1
Agent for Classification and Declassification 2
considers appropriate. 3
‘‘(2) C
HAIRPERSON.—The President shall ap-4
point the chairperson of the Committee.’’. 5
SEC. 713. ADVISORY BODIES FOR EXECUTIVE AGENT FOR 6
CLASSIFICATION AND DECLASSIFICATION. 7
Subtitle C of title VIII of the National Security Act 8
of 1947 (50 U.S.C. 3161 et seq.), as added by section 9
711 and amended by section 712, is further amended by 10
adding at the end the following: 11
‘‘SEC. 813. ADVISORY BODIES FOR EXECUTIVE AGENT FOR 12
CLASSIFICATION AND DECLASSIFICATION. 13
‘‘The following are hereby advisory bodies for the Ex-14
ecutive Agent for Classification and Declassification: 15
‘‘(1) The Public Interest Declassification Board 16
established by section 703(a) of the Public Interest 17
Declassification Act of 2000 (Public Law 106–567). 18
‘‘(2) The Office of the Historian of the Depart-19
ment of State. 20
‘‘(3) The Historical Office of the Secretary of 21
Defense. 22
‘‘(4) The Office of the Chief Historian of the 23
Central Intelligence Agency.’’. 24
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SEC. 714. INFORMATION SECURITY OVERSIGHT OFFICE. 1
Subtitle C of title VIII of the National Security Act 2
of 1947 (50 U.S.C. 3161 et seq.), as added by section 3
711 and amended by sections 712 and 713, is further 4
amended by adding at the end the following: 5
‘‘SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE. 6
‘‘(a) E
STABLISHMENT.— 7
‘‘(1) I
N GENERAL.—There is hereby established 8
in the executive branch of the Federal Government 9
an office to ensure the Government protects and 10
provides proper access to information to advance the 11
national and public interest by standardizing and as-12
sessing the management of classified and controlled 13
unclassified information through oversight, policy de-14
velopment, guidance, education, and reporting. 15
‘‘(2) D
ESIGNATION.—The office established by 16
paragraph (1) shall be known as the ‘Information 17
Security Oversight Office’ (in this section referred to 18
as the ‘Office’). 19
‘‘(b) D
IRECTOR.—There is in the Office a director 20
who shall be the head of the Office and who shall be ap-21
pointed by the President. 22
‘‘(c) D
UTIES.—The duties of the director of the Of-23
fice, which the director shall carry out in coordination with 24
the Executive Agent for Classification and Declassifica-25
tion, are as follows: 26
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‘‘(1) To develop directives to implement a uni-1
form system across the United States Government 2
for classifying, safeguarding, declassifying, and 3
downgrading of national security information. 4
‘‘(2) To oversee implementation of such direc-5
tives by agencies through establishment of strategic 6
goals and objectives and periodic assessment of 7
agency performance vis-a`-vis such goals and objec-8
tives. 9
‘‘(d) A
NNUALREPORT.—Each fiscal year, the direc-10
tor of the Office shall submit to Congress a report on the 11
execution of the duties of the director under subsection 12
(c). 13
‘‘(e) F
UNDING.— 14
‘‘(1) A
UTHORIZATION OF APPROPRIATIONS .— 15
There are authorized to be appropriated to carry out 16
this section amounts as follows: 17
‘‘(A) $5,000,000 for fiscal year 2024. 18
‘‘(B) For fiscal year 2025 and each fiscal 19
year thereafter, such sums as may be necessary 20
to carry out this section. 21
‘‘(2) B
UDGET ESTIMATES.—In each budget that 22
the President submits to Congress for a fiscal year 23
under section 1105(a) of title 31, United States 24
Code, the President shall include an estimate of the 25
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amounts required to carry out this section in that 1
fiscal year.’’. 2
CHAPTER 3—REDUCING 3
OVERCLASSIFICATION 4
SEC. 721. CLASSIFICATION AND DECLASSIFICATION OF IN-5
FORMATION. 6
(a) I
NGENERAL.—Title VIII of the National Secu-7
rity Act of 1947, as amended by chapter 2 of this subtitle, 8
is further amended by adding at the end the following: 9
‘‘Subtitle D—Classification and 10
Declassification 11
‘‘SEC. 821. CLASSIFICATION AND DECLASSIFICATION OF IN-12
FORMATION. 13
‘‘(a) I
NGENERAL.—The President may, in accord-14
ance with this title, protect from unauthorized disclosure 15
any information owned by, produced by or for, or under 16
the control of the executive branch when there is a demon-17
strable need to do so in order to protect the national secu-18
rity of the United States. 19
‘‘(b) E
STABLISHMENT OF STANDARDS AND PROCE-20
DURES FORCLASSIFICATION ANDDECLASSIFICATION.— 21
‘‘(1) G
OVERNMENTWIDE PROCEDURES .— 22
‘‘(A) C
LASSIFICATION.—The President 23
shall, to the extent necessary, establish cat-24
egories of information that may be classified 25
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and procedures for classifying information 1
under subsection (a). 2
‘‘(B) D
ECLASSIFICATION.—At the same 3
time the President establishes categories and 4
procedures under subparagraph (A), the Presi-5
dent shall establish procedures for declassifying 6
information that was previously classified. 7
‘‘(C) M
INIMUM REQUIREMENTS .—The pro-8
cedures established pursuant to subparagraphs 9
(A) and (B) shall— 10
‘‘(i) permit the classification of infor-11
mation only in cases in which the informa-12
tion meets the standard set forth in sub-13
section (c) and require the declassification 14
of information that does not meet such 15
standard; 16
‘‘(ii) provide for no more than two lev-17
els of classification; 18
‘‘(iii) provide for the declassification 19
of information classified under this title in 20
accordance with subsection (d); 21
‘‘(iv) provide for the automatic declas-22
sification of classified records with perma-23
nent historical value in accordance with 24
subsection (e); and 25
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‘‘(v) provide for the timely review of 1
materials submitted for pre-publication re-2
view in accordance with subsection (g). 3
‘‘(2) N
OTICE AND COMMENT .— 4
‘‘(A) N
OTICE.—The President shall pub-5
lish in the Federal Register notice regarding 6
the categories and procedures proposed to be 7
established under paragraph (1). 8
‘‘(B) C
OMMENT.—The President shall pro-9
vide an opportunity for interested persons to 10
submit comments on the categories and proce-11
dures covered by subparagraph (A). 12
‘‘(C) D
EADLINE.—The President shall 13
complete the establishment of categories and 14
procedures under this subsection not later than 15
60 days after publishing notice in the Federal 16
Register under subparagraph (A). Upon com-17
pletion of the establishment of such categories 18
and procedures, the President shall publish in 19
the Federal Register notice regarding such cat-20
egories and procedures. 21
‘‘(3) M
ODIFICATION.—In the event the Presi-22
dent determines to modify any categories or proce-23
dures established under paragraph (1), subpara-24
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graphs (A) and (B) of paragraph (2) shall apply to 1
the modification of such categories or procedures. 2
‘‘(4) A
GENCY STANDARDS AND PROCEDURES .— 3
‘‘(A) I
N GENERAL.—The head of each 4
agency shall establish a single set of consoli-5
dated standards and procedures to permit such 6
agency to classify and declassify information 7
created by such agency in accordance with the 8
categories and procedures established by the 9
President under this section and otherwise to 10
carry out this title. 11
‘‘(B) D
EADLINE.—Each agency head shall 12
establish the standards and procedures under 13
subparagraph (A) not later than 60 days after 14
the date on which the President publishes no-15
tice under paragraph (2)(C) of the categories 16
and standards established by the President 17
under this subsection. 18
‘‘(C) S
UBMITTAL TO CONGRESS .—Each 19
agency head shall submit to Congress the 20
standards and procedures established by such 21
agency head under this paragraph. 22
‘‘(c) S
TANDARD FORCLASSIFICATION ANDDECLAS-23
SIFICATION.— 24
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‘‘(1) IN GENERAL.—Subject to paragraphs (2) 1
and (3), information may be classified under this 2
title, and classified information under review for de-3
classification under this title may remain classified, 4
only if the harm to national security that might rea-5
sonably be expected from disclosure of such informa-6
tion outweighs the public interest in disclosure of 7
such information. 8
‘‘(2) D
EFAULT RULES.— 9
‘‘(A) D
EFAULT WITH RESPECT TO CLASSI -10
FICATION.—In the event of significant doubt as 11
to whether the harm to national security that 12
might reasonably be expected from the disclo-13
sure of information would outweigh the public 14
interest in the disclosure of such information, 15
such information shall not be classified. 16
‘‘(B) D
EFAULT WITH RESPECT TO DE -17
CLASSIFICATION.—In the event of significant 18
doubt as to whether the harm to national secu-19
rity that might reasonably be expected from the 20
disclosure of information previously classified 21
under this title would outweigh the public inter-22
est in the disclosure of such information, such 23
information shall be declassified. 24
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‘‘(3) CRITERIA.—For purposes of this sub-1
section, in determining the harm to national security 2
that might reasonably be expected from disclosure of 3
information, and the public interest in the disclosure 4
of information, the official making the determination 5
shall consider the following: 6
‘‘(A) With regard to the harm to national 7
security that might reasonably be expected from 8
disclosure of information, whether or not disclo-9
sure of the information would— 10
‘‘(i) reveal the identity of a confiden-11
tial human source, or reveal information 12
about the application of an intelligence 13
source or method, or reveal the identity of 14
a human intelligence source when the un-15
authorized disclosure of that source would 16
clearly and demonstrably damage the na-17
tional security interests of the United 18
States; 19
‘‘(ii) reveal information that would as-20
sist in the development or use of weapons 21
of mass destruction; 22
‘‘(iii) reveal information that would 23
impair United States cryptologic systems 24
or activities; 25
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‘‘(iv) reveal information that would 1
impair the application of state-of-the-art 2
technology within a United States weapons 3
system; 4
‘‘(v) reveal actual United States mili-5
tary war plans that remain in effect; 6
‘‘(vi) reveal information that would se-7
riously and demonstrably impair relations 8
between the United States and a foreign 9
government, or seriously and demonstrably 10
undermine ongoing diplomatic activities of 11
the United States; 12
‘‘(vii) reveal information that would 13
clearly and demonstrably impair the cur-14
rent ability of United States Government 15
officials to protect the President, Vice 16
President, and other officials for whom 17
protection services, in the interest of na-18
tional security, are authorized; 19
‘‘(viii) reveal information that would 20
seriously and demonstrably impair current 21
national security emergency preparedness 22
plans; or 23
‘‘(ix) violate a statute, treaty, or inter-24
national agreement. 25
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‘‘(B) With regard to the public interest in 1
disclosure of information— 2
‘‘(i) whether or not disclosure of the 3
information would better enable United 4
States citizens to hold Government officials 5
accountable for their actions and policies; 6
‘‘(ii) whether or not disclosure of the 7
information would assist the United States 8
criminal justice system in holding persons 9
responsible for criminal acts or acts con-10
trary to the Constitution; 11
‘‘(iii) whether or not disclosure of the 12
information would assist Congress, or any 13
committee or subcommittee thereof, in car-14
rying out its oversight responsibilities with 15
regard to the executive branch or in ade-16
quately informing itself of executive branch 17
policies and activities in order to carry out 18
its legislative responsibilities; 19
‘‘(iv) whether the disclosure of the in-20
formation would assist Congress or the 21
public in understanding the interpretation 22
of the Federal Government of a provision 23
of law, including Federal regulations, Pres-24
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idential directives, statutes, case law, and 1
the Constitution of the United States; or 2
‘‘(v) whether or not disclosure of the 3
information would bring about any other 4
significant benefit, including an increase in 5
public awareness or understanding of Gov-6
ernment activities or an enhancement of 7
Government efficiency. 8
‘‘(4) W
RITTEN JUSTIFICATION FOR CLASSIFICA -9
TION.— 10
‘‘(A) O
RIGINAL CLASSIFICATION .—Each 11
agency official who makes a decision to classify 12
information not previously classified shall, at 13
the time of the classification decision— 14
‘‘(i) identify himself or herself; and 15
‘‘(ii) provide in writing a detailed jus-16
tification of that decision. 17
‘‘(B) D
ERIVATIVE CLASSIFICATION .—In 18
any case in which an agency official or con-19
tractor employee classifies a document on the 20
basis of information previously classified that is 21
included or referenced in the document, the of-22
ficial or employee, as the case may be, shall— 23
‘‘(i) identify himself or herself in that 24
document; and 25
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‘‘(ii) use a concise notation, or similar 1
means, to document the basis for that deci-2
sion. 3
‘‘(5) C
LASSIFICATION PROHIBITIONS AND LIMI -4
TATIONS.— 5
‘‘(A) I
N GENERAL.—In no case shall infor-6
mation be classified, continue to be maintained 7
as classified, or fail to be declassified in order— 8
‘‘(i) to conceal violations of law, ineffi-9
ciency, or administrative error; 10
‘‘(ii) to prevent embarrassment to a 11
person, organization, or agency; 12
‘‘(iii) to restrain competition; or 13
‘‘(iv) to prevent or delay the release of 14
information that does not require protec-15
tion in the interest of national security. 16
‘‘(B) B
ASIC SCIENTIFIC RESEARCH.—Basic 17
scientific research information not clearly re-18
lated to national security shall not be classified. 19
‘‘(C) R
ECLASSIFICATION.—Information 20
may not be reclassified after being declassified 21
and release to the public under proper authority 22
unless personally approved by the President 23
based on a determination that such reclassifica-24
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tion is required to prevent significant and de-1
monstrable damage to national security; 2
‘‘(d) D
ECLASSIFICATION OF INFORMATIONCLASSI-3
FIEDUNDERACT.— 4
‘‘(1) I
N GENERAL.—No information may re-5
main classified indefinitely. 6
‘‘(2) M
AXIMUM PERIOD OF CLASSIFICATION .— 7
Except as provided in paragraphs (3), (4), and (5), 8
information may not remain classified under this 9
title after the date that is 25 years after the date 10
of the original classification of the information. 11
‘‘(3) E
ARLIER DECLASSIFICATION .—When 12
classifying information under this title, an agency 13
official may provide for the declassification of the in-14
formation as of a date or event that is earlier than 15
the date otherwise provided for under paragraph (2). 16
‘‘(4) L
ATER DECLASSIFICATION .—When 17
classifying information under this title, an agency 18
official may provide for the declassification of the in-19
formation on the date that is 50 years after the date 20
of the classification if the head of the agency— 21
‘‘(A) determines that there is no likely set 22
of circumstances under which declassification 23
would occur within the time otherwise provided 24
for under paragraph (2); 25
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‘‘(B)(i) obtains the concurrence of the di-1
rector of the Information Security Oversight 2
Office in the determination; or 3
‘‘(ii) seeks but is unable to obtain concur-4
rence under clause (i), obtains the concurrence 5
of the President; and 6
‘‘(C) submits to the President a certifi-7
cation of the determination. 8
‘‘(5) P
OSTPONEMENT OF DECLASSIFICATION .— 9
‘‘(A) I
N GENERAL.—The declassification of 10
any information or category of information that 11
would otherwise be declassified under para-12
graph (2) or (4) may be postponed, but only 13
with the personal approval of the President 14
based on a determination that such postpone-15
ment is required to prevent significant and de-16
monstrable damage to the national security of 17
the United States. 18
‘‘(B) G
ENERAL DURATION OF POSTPONE -19
MENT.—Information the declassification of 20
which is postponed under this paragraph may 21
remain classified not longer than 10 years after 22
the date of the postponement, unless such clas-23
sification is renewed by the President. 24
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‘‘(C) CONGRESSIONAL NOTIFICATION .— 1
Within 30 days of any postponement or renewal 2
of a postponement under this paragraph, the 3
President shall provide written notification to 4
Congress of such postponement or renewal that 5
describes the significant and demonstrable dam-6
age to the national security of the United 7
States that justifies such postponement or re-8
newal. 9
‘‘(6) B
ASIS FOR DETERMINATIONS .—An agency 10
official making a determination under this sub-11
section with respect to the duration of classification 12
of information, or the declassification of information, 13
shall make the determination required under sub-14
section (c) with respect to classification or declas-15
sification in accordance with an assessment of the 16
criteria specified in paragraph (3) of such subsection 17
(c) that is current as of the determination. 18
‘‘(e) A
UTOMATICDECLASSIFICATION OFCLASSIFIED 19
R
ECORDS.— 20
‘‘(1) I
N GENERAL.—Except as provided in para-21
graph (2), all classified records that are more than 22
50 years old and have been determined to have per-23
manent historical value under title 44, United States 24
Code, shall be automatically declassified on Decem-25
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ber 31 of the year that is 50 years after the date 1
on which the records were created, whether or not 2
the records have been reviewed. 3
‘‘(2) P
OSTPONEMENT.— 4
‘‘(A) A
GENCY POSTPONEMENT .—The head 5
of an agency may postpone automatic declas-6
sification under paragraph (1) of specific 7
records or information, or renew a period of 8
postponed automatic declassification, if the 9
agency head determines that disclosure of the 10
records or information would clearly and de-11
monstrably be expected— 12
‘‘(i) to reveal the identity of a con-13
fidential human source or a human intel-14
ligence source; or 15
‘‘(ii) to reveal information that would 16
assist in the development, production, or 17
use of weapons of mass destruction. 18
‘‘(B) P
RESIDENTIAL POSTPONEMENT .— 19
The President may postpone automatic declas-20
sification under paragraph (1) of specific 21
records or information if the President deter-22
mines that such postponement is required to 23
prevent significant and demonstrable damage to 24
the national security of the United States. 25
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‘‘(C) GENERAL DURATION OF POSTPONE -1
MENT.—A period of postponement of automatic 2
declassification under this paragraph shall not 3
exceed 10 years after the date of the postpone-4
ment, unless renewed by the agency head who 5
postponed the automatic declassification or the 6
President. 7
‘‘(D) C
ONGRESSIONAL NOTIFICATION .— 8
Within 30 days of any postponement or renewal 9
of a postponement under this paragraph, the 10
President or the head of the agency responsible 11
for the postponement shall provide written noti-12
fication to Congress of such postponement or 13
renewal that describes the justification for such 14
postponement or renewal. 15
‘‘(f) D
ECLASSIFICATION OF CURRENTCLASSIFIED 16
I
NFORMATION.— 17
‘‘(1) P
ROCEDURES.—The President shall estab-18
lish procedures for declassifying information that 19
was classified before the date of the enactment of 20
the Classification Reform Act of 2023. Such proce-21
dures shall, to the maximum extent practicable, be 22
consistent with the provisions of this section. 23
‘‘(2) A
UTOMATIC DECLASSIFICATION .—The pro-24
cedures established under paragraph (1) shall in-25
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clude procedures for the automatic declassification 1
of information referred to in paragraph (1) that has 2
remained classified for more than 25 years as of 3
such date. 4
‘‘(3) N
OTICE AND COMMENT .— 5
‘‘(A) N
OTICE.—The President shall pub-6
lish notice in the Federal Register of the proce-7
dures proposed to be established under this sub-8
section. 9
‘‘(B) C
OMMENT.—The President shall pro-10
vide an opportunity for interested persons to 11
submit comments on the procedures covered by 12
subparagraph (A). 13
‘‘(C) D
EADLINE.—The President shall 14
complete the establishment of procedures under 15
this subsection not later than 60 days after 16
publishing notice in the Federal Register under 17
subparagraph (A). Upon completion of the es-18
tablishment of such procedures, the President 19
shall publish in the Federal Register notice re-20
garding such procedures. 21
‘‘(g) P
RE-PUBLICATIONREVIEW.— 22
‘‘(1) I
N GENERAL.—The head of each agency 23
that requires personnel to sign a nondisclosure 24
agreement in accordance with Executive Order 25
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12968 (50 U.S.C. 3161 note; relating to access to 1
classified information), or successor order, providing 2
for the submittal of materials for pre-publication re-3
view, shall establish a process for the timely review 4
of such materials consistent with the requirements 5
of this title. 6
‘‘(2) R
EQUIREMENTS.—Each process estab-7
lished under paragraph (1) shall include the fol-8
lowing: 9
‘‘(A) Clear guidance on materials required 10
to be submitted and the means of submission. 11
‘‘(B) Mechanisms for ensuring consistent 12
decision making across multiple agencies. 13
‘‘(C) Mechanisms for appeal of decisions 14
made in the course of the review process. 15
‘‘(3) C
ENTRALIZED APPEAL .—The President 16
shall establish a mechanism for centralized appeal of 17
agency decisions made pursuant to this subsection.’’. 18
(b) C
ONFORMINGAMENDMENT TO FOIA.—Section 19
552(b)(1) of title 5, United States Code, is amended to 20
read as follows: 21
‘‘(1)(A) specifically authorized to be classified 22
under the title VIII of the National Security Act of 23
1947, or specifically authorized under criteria estab-24
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lished by an Executive order to be kept secret in the 1
interest of national security; and 2
‘‘(B) are in fact properly classified pursuant to 3
that title or Executive order;’’. 4
(c) E
FFECTIVEDATE.— 5
(1) I
N GENERAL.—Section 821 of the National 6
Security Act of 1947, as added by subsection (a), 7
and the amendment made by subsection (b), shall 8
take effect on the date that is 180 days after the 9
date of the enactment of this Act. 10
(2) R
ELATION TO PRESIDENTIAL DIREC -11
TIVES.—Presidential directives regarding classifying, 12
safeguarding, and declassifying national security in-13
formation, including Executive Order 13526 (50 14
U.S.C. 3161 note; relating to classified national se-15
curity information), or successor order, in effect on 16
the day before the date of the enactment of this Act, 17
as well as procedures issued pursuant to such Presi-18
dential directives, shall remain in effect until super-19
seded by procedures issues pursuant to section 821 20
of the National Security Act of 1947, as added by 21
subsection (a). 22
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SEC. 722. DECLASSIFICATION WORKING CAPITAL FUNDS. 1
Subtitle D of title VIII of the National Security Act 2
of 1947, as added by section 721, is amended by adding 3
at the end the following: 4
‘‘SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS. 5
‘‘(a) D
EFINITION OFCOVEREDAGENCY.—In this 6
section, the term ‘covered agency’ means an agency that 7
has original classification authority. 8
‘‘(b) P
ROGRAMSREQUIRED.—Not later than 90 days 9
after the date of the enactment of the Classification Re-10
form Act of 2023, each head of a covered agency shall 11
establish a program for the automatic declassification of 12
classified records that have permanent historical value. 13
‘‘(c) E
STIMATES.—Each head of a covered agency 14
shall ensure that the program established by the head pur-15
suant to subsection (b) includes a mechanism for esti-16
mating the number of classified records generated by each 17
subcomponent of the covered agency each fiscal year. 18
‘‘(d) D
ECLASSIFICATION WORKING CAPITAL 19
F
UNDS.— 20
‘‘(1) E
STABLISHMENT.—For each covered 21
agency, there is established in the Treasury of the 22
United States a fund to be known as the ‘Declas-23
sification Working Capital Fund’ of the respective 24
covered agency. 25
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‘‘(2) CONTENTS OF FUNDS .—Each fund estab-1
lished under paragraph (1) shall consist of the fol-2
lowing: 3
‘‘(A) Amounts transferred to the fund 4
under subsection (e). 5
‘‘(B) Amounts appropriated to the fund. 6
‘‘(3) A
VAILABILITY AND USE OF FUNDS .—Sub-7
ject to the concurrence of the Executive Agent for 8
Classification and Declassification, amounts in a 9
fund of a covered agency established by paragraph 10
(1) shall be available, without fiscal year limitation, 11
to promote and implement technological and auto-12
mated solutions that are interoperable across cov-13
ered agencies to support the programs of covered 14
agencies established pursuant to subsection (b). 15
‘‘(e) T
RANSFERS TO THE FUNDS.—Each head of a 16
covered agency shall issue regulations for the covered 17
agency, subject to review and approval by the Executive 18
Agent for Classification and Declassification, that require 19
each subcomponent of the covered agency to transfer, on 20
a periodic basis, to the fund established for the covered 21
agency under subsection (c)(1), an amount for a period 22
that bears the same ratio to the total amount transferred 23
to the fund by all subcomponents of the covered agency 24
for that period as the ratio of— 25
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‘‘(1) the estimate for the subcomponent pursu-1
ant to the mechanism required by subsection (c) for 2
that period; bears to 3
‘‘(2) the aggregate of all of the estimates for all 4
subcomponents of the Executive agency under such 5
mechanism for the same period.’’. 6
SEC. 723. TRANSPARENCY OFFICERS. 7
Section 1062(a) of the Intelligence Reform and Ter-8
rorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(a)) 9
is amended— 10
(1) in paragraph (3), by striking ‘‘; and’’ and 11
inserting a semicolon; 12
(2) in paragraph (4)(C), by striking the period 13
at the end and inserting ‘‘; and’’; 14
(3) by adding at the end the following: 15
‘‘(5) assist the head of such department, agen-16
cy, or element and other officials of such depart-17
ment, agency, or element in identifying records of 18
significant public interest and prioritizing appro-19
priate review of such records in order to facilitate 20
the public disclosure of such records in redacted or 21
unredacted form.’’; 22
(4) in paragraph (4), by redesignating subpara-23
graphs (A) through (C) as clauses (i) through (iii), 24
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respectively, and indenting such clauses 2 ems to the 1
right; 2
(5) by redesignating paragraphs (1) through 3
(5) as subparagraphs (A) through (E), respectively, 4
and indenting such subparagraphs 2 ems to the 5
right; 6
(6) in the matter before subparagraph (A), as 7
redesignated by paragraph (5), by striking ‘‘The At-8
torney General’’ and inserting the following: 9
‘‘(1) I
N GENERAL.—The Attorney General’’; 10
and 11
(7) by adding at the end the following: 12
‘‘(2) D
ETERMINING PUBLIC INTEREST IN DIS -13
CLOSURE.—In assisting the head of a department, 14
agency, or element and other officials of such de-15
partment, agency, or element in identifying records 16
of significant public interest under subparagraph 17
(E) of paragraph (1), a senior officer designated 18
under such paragraph shall consider— 19
‘‘(A) whether or not disclosure of the infor-20
mation would better enable United States citi-21
zens to hold Federal Government officials ac-22
countable for their actions and policies; 23
‘‘(B) whether or not disclosure of the in-24
formation would assist the United States crimi-25
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nal justice system in holding persons respon-1
sible for criminal acts or acts contrary to the 2
Constitution; 3
‘‘(C) whether or not disclosure of the infor-4
mation would assist Congress, or any committee 5
or subcommittee thereof, in carrying out its 6
oversight responsibilities with regard to the ex-7
ecutive branch or in adequately informing itself 8
of executive branch policies and activities in 9
order to carry out its legislative responsibilities; 10
‘‘(D) whether the disclosure of the infor-11
mation would assist Congress or the public in 12
understanding the interpretation of the Federal 13
Government of a provision of law, including 14
Federal regulations, Presidential directives, 15
statutes, case law, and the Constitution of the 16
United States; or 17
‘‘(E) whether or not disclosure of the in-18
formation would bring about any other signifi-19
cant benefit, including an increase in public 20
awareness or understanding of Government ac-21
tivities or an enhancement of Federal Govern-22
ment efficiency.’’. 23
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CHAPTER 4—PREVENTING MISHANDLING 1
OF CLASSIFIED INFORMATION 2
SEC. 731. SECURITY REVIEW OF CERTAIN RECORDS OF THE 3
PRESIDENT AND VICE PRESIDENT. 4
Title VIII of the National Security Act of 1947, as 5
amended by chapters 2 and 3 of this subtitle, is further 6
amended by adding at the end the following: 7
‘‘Subtitle E—Protection of 8
Classified Information 9
‘‘SEC. 831. SECURITY REVIEW OF CERTAIN RECORDS OF 10
THE PRESIDENT AND VICE PRESIDENT. 11
‘‘(a) D
EFINITIONS.—In this section: 12
‘‘(1) A
RCHIVIST, DOCUMENTARY MATERIAL , 13
PRESIDENTIAL RECORDS , PERSONAL RECORDS .— 14
The terms ‘Archivist’, ‘documentary material’, ‘Pres-15
idential records’, and ‘personal records’ have the 16
meanings given such terms in section 2201 of title 17
44, United States Code. 18
‘‘(2) C
OMMINGLED OR UNCATEGORIZED 19
RECORDS.— 20
‘‘(A) I
N GENERAL.—Except as provided in 21
subparagraph (B), the term ‘commingled or 22
uncategorized records’ means all documentary 23
materials not categorized as Presidential 24
records or personal records upon their creation 25
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or receipt and filed separately pursuant to sec-1
tion 2203(d) of title 44, United States Code. 2
‘‘(B) E
XCEPTION.—The term ‘commingled 3
or uncategorized records’ does not include docu-4
mentary materials that are— 5
‘‘(i) official records of an agency (as 6
defined in section 552(f) of title 5, United 7
States Code); 8
‘‘(ii) stocks of publications and sta-9
tionery; or 10
‘‘(iii) extra copies of documents pro-11
duced only for convenience of reference, 12
when such copies are clearly so identified. 13
‘‘(3) O
FFICIAL RECORDS OF AN AGENCY .—The 14
term ‘official records of an agency’ means official 15
records of an agency within the meaning of such 16
terms in section 552 of title 5, United States. 17
‘‘(b) P
RESUMPTION AS PRESIDENTIALRECORDS.— 18
Commingled or uncategorized records shall be presumed 19
to be Presidential records, unless the President or Vice 20
President— 21
‘‘(1) categorizes the commingled or 22
uncategorized records as personal records in accord-23
ance with subsection (c); or 24
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‘‘(2) determines the commingled or 1
uncategorized records are— 2
‘‘(A) official records of an agency; 3
‘‘(B) stocks of publications and stationery; 4
or 5
‘‘(C) extra copies of documents produced 6
only for convenience of reference, when such 7
copies are clearly so identified. 8
‘‘(c) C
ATEGORIZING COMMINGLED OR 9
U
NCATEGORIZEDRECORDS ASPERSONALRECORDS.—At 10
any time during the President or Vice President’s term 11
of office, the President or Vice President may categorize 12
commingled or uncategorized records as personal records 13
if— 14
‘‘(1) the Archivist performs a security review of 15
the commingled or uncategorized records that is rea-16
sonably designed to identify records that contain 17
standard markings indicating that records contain 18
classified information; 19
‘‘(2) the President obtains written confirmation 20
from the Archivist that the review conducted pursu-21
ant to paragraph (1) did not identify any records 22
that contain standard markings indicating that 23
records contain classified information or, if such 24
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markings were improperly applied, that such mark-1
ings have been corrected; and 2
‘‘(3) the President obtains written confirmation 3
from the Archivist that the Archivist is not aware of 4
any other requirement that would preclude catego-5
rizing the commingled or uncategorized records as 6
personal records. 7
‘‘(d) R
EVIEW OFCOMMINGLED OR UNCATEGORIZED 8
R
ECORDS OFFORMERPRESIDENTS AND VICEPRESI-9
DENTS.— 10
‘‘(1) R
EQUESTS FOR REVIEW .—During the 11
180-day period following the end of the term of of-12
fice of a former President or Vice President— 13
‘‘(A) the former President or Vice Presi-14
dent may request that the Archivist review the 15
categorization of any commingled or 16
uncategorized records created or received dur-17
ing the term of the former President or Vice 18
President; and 19
‘‘(B) the Archivist shall perform a security 20
review of the commingled or uncategorized 21
records pursuant to the request. 22
‘‘(2) A
CTIONS UPON COMPLETION OF RE -23
VIEW.—If, pursuant to a review under paragraph 24
(1), the Archivist determines that any commingled 25
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or uncategorized records reviewed are improperly 1
categorized, the Archivist shall— 2
‘‘(A) submit to the President a rec-3
ommendation to correct the categorization of 4
the records; and 5
‘‘(B) notify the former President or Vice 6
President of that recommendation.’’. 7
SEC. 732. MANDATORY COUNTERINTELLIGENCE RISK AS-8
SESSMENTS. 9
(a) I
NGENERAL.—Subtitle E of title VIII of the Na-10
tional Security Act of 1947, as added by section 731, is 11
amended by adding at the end the following: 12
‘‘SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK AS-13
SESSMENTS. 14
‘‘(a) M
ISHANDLING ORUNAUTHORIZEDDISCLOSURE 15
OFCLASSIFIEDINFORMATIONDEFINED.—In this section, 16
the term ‘mishandling or unauthorized disclosure of classi-17
fied information’ means any unauthorized storage, reten-18
tion, communication, confirmation, acknowledgment, or 19
physical transfer of classified information. 20
‘‘(b) A
SSESSMENTS.—The Director of the National 21
Counterintelligence and Security Center shall prepare a 22
written assessment of the risk to national security from 23
any mishandling or unauthorized disclosure of classified 24
information involving the conduct of the President, Vice 25
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President, or an official listed in Level I of the Executive 1
Schedule under section 5312 of title 5, United States 2
Code, within 90 days of the detection of such mishandling 3
or unauthorized disclosure. 4
‘‘(c) D
ESCRIPTION OFRISKS.—A written assessment 5
prepared pursuant to subsection (b) shall describe the risk 6
to national security if the classified information were to 7
be exposed in public or to a foreign adversary. 8
‘‘(d) S
UBMITTAL OF ASSESSMENTS.—Each written 9
assessment prepared pursuant to subsection (b) shall be 10
submitted to Congress, in classified form, upon comple-11
tion.’’. 12
(b) P
ROSPECTIVEAPPLICATION.—Section 832 of 13
such Act, as added by subsection (a), shall apply to inci-14
dents of mishandling or unauthorized disclosure of classi-15
fied information (as defined in such section) detected on 16
or after the date of the enactment of this Act. 17
SEC. 733. MINIMUM STANDARDS FOR EXECUTIVE AGENCY 18
INSIDER THREAT PROGRAMS. 19
(a) D
EFINITIONS.—In this section, the terms ‘‘agen-20
cy’’ and ‘‘classified information’’ have the meanings given 21
such terms in section 800 of the National Security Act 22
of 1947, as added by section 702 of this subtitle. 23
(b) E
STABLISHMENT OF INSIDERTHREATPRO-24
GRAMS.—Each head of an agency with access to classified 25
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information shall establish an insider threat program to 1
protect classified information from unauthorized disclo-2
sure. 3
(c) M
INIMUMSTANDARDS.—In carrying out an in-4
sider threat program established by the head of an agency 5
pursuant to subsection (b), the head of the agency shall— 6
(1) designate a senior official of the agency who 7
shall be responsible for management of the program; 8
(2) monitor user activity on all classified net-9
works in order to detect activity indicative of insider 10
threat behavior; 11
(3) build and maintain an insider threat ana-12
lytic and response capability to review, assess, and 13
respond to information obtained pursuant to para-14
graph (2); and 15
(4) provide insider threat awareness training to 16
all cleared employees within 30 days of entry on 17
duty or granting of access to classified information 18
and annually thereafter. 19
(d) A
NNUALREPORTS.—Not less frequently that 20
once each year, the Director of National Intelligence shall, 21
serving as the Security Executive Agent under section 803 22
of the National Security Act of 1947 (50 U.S.C. 3162a), 23
submit to Congress an annual report on the compliance 24
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of agencies with respect to the requirements of this sec-1
tion. 2
CHAPTER 5—OTHER MATTERS 3
SEC. 741. PROHIBITIONS. 4
(a) W
ITHHOLDING INFORMATION FROMCON-5
GRESS.—Nothing in this subtitle or an amendment made 6
by this subtitle shall be construed to authorize the with-7
holding of information from Congress. 8
(b) J
UDICIALREVIEW.—Except in the case of the 9
amendment to section 552 of title 5, United States Code, 10
made by section 721(b), no person may seek or obtain ju-11
dicial review of any provision of this subtitle or any action 12
taken under a provision of this subtitle. 13
SEC. 742. CONFORMING AMENDMENT. 14
Section 804 of the National Security Act of 1947 (50 15
U.S.C. 3163) is amended by striking ‘‘this title’’ and in-16
serting ‘‘sections 801 and 802’’. 17
SEC. 743. CLERICAL AMENDMENT. 18
The table of contents for the National Security Act 19
of 1947 is amended by striking the items relating to title 20
VIII and inserting the following: 21
‘‘TITLE VIII—PROTECTION OF NATIONAL SECURITY 
INFORMATION 
‘‘Subtitle A—Definitions 
‘‘Sec. 800. Definitions. 
‘‘Subtitle B—Access to Classified Information Procedures 
‘‘Sec. 801. Procedures. 
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‘‘Sec. 802. Requests by authorized investigative agencies. 
‘‘Sec. 803. Security Executive Agent. 
‘‘Sec. 804. Exceptions. 
‘‘Subtitle C—Security Classification Governance 
‘‘Sec. 811. Executive Agent for Classification and Declassification. 
‘‘Sec. 812. Executive Committee on Classification and Declassification Pro-
grams and Technology. 
‘‘Sec. 813. Advisory bodies for Executive Agent for Classification and Declas-
sification. 
‘‘Sec. 814. Information Security Oversight Office. 
‘‘Subtitle D—Classification and Declassification 
‘‘Sec. 821. Classification and declassification of information. 
‘‘Sec. 822. Declassification working capital funds. 
‘‘Subtitle E—Protection of Classified Information 
‘‘Sec. 831. Security review of certain records of the President and Vice Presi-
dent. 
‘‘Sec. 832. Mandatory counterintelligence risk assessments.’’. 
Subtitle B—Sensible Classification 1
Act of 2023 2
SEC. 751. SHORT TITLE. 3
This subtitle may be cited as the ‘‘Sensible Classifica-4
tion Act of 2023’’. 5
SEC. 752. DEFINITIONS. 6
In this subtitle: 7
(1) A
GENCY.—The term ‘‘agency’’ has the 8
meaning given the term ‘‘Executive agency’’ in sec-9
tion 105 of title 5, United States Code. 10
(2) C
LASSIFICATION.—The term ‘‘classifica-11
tion’’ means the act or process by which information 12
is determined to be classified information. 13
(3) C
LASSIFIED INFORMATION .—The term 14
‘‘classified information’’ means information that has 15
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been determined pursuant to Executive Order 12958 1
(50 U.S.C. 3161 note; relating to classified national 2
security information), or successor order, to require 3
protection against unauthorized disclosure and is 4
marked to indicate its classified status when in doc-5
umentary form. 6
(4) D
ECLASSIFICATION.—The term ‘‘declas-7
sification’’ means the authorized change in the sta-8
tus of information from classified information to un-9
classified information. 10
(5) D
OCUMENT.—The term ‘‘document’’ means 11
any recorded information, regardless of the nature of 12
the medium or the method or circumstances of re-13
cording. 14
(6) D
OWNGRADE.—The term ‘‘downgrade’’ 15
means a determination by a declassification author-16
ity that information classified and safeguarded at a 17
specified level shall be classified and safeguarded at 18
a lower level. 19
(7) I
NFORMATION.—The term ‘‘information’’ 20
means any knowledge that can be communicated or 21
documentary material, regardless of its physical 22
form or characteristics, that is owned by, is pro-23
duced by or for, or is under the control of the 24
United States Government. 25
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(8) ORIGINATE, ORIGINATING, AND ORIGI-1
NATED.—The term ‘‘originate’’, ‘‘originating’’, and 2
‘‘originated’’, with respect to classified information 3
and an authority, means the authority that classified 4
the information in the first instance. 5
(9) R
ECORDS.—The term ‘‘records’’ means the 6
records of an agency and Presidential papers or 7
Presidential records, as those terms are defined in 8
title 44, United States Code, including those created 9
or maintained by a government contractor, licensee, 10
certificate holder, or grantee that are subject to the 11
sponsoring agency’s control under the terms of the 12
contract, license, certificate, or grant. 13
(10) S
ECURITY CLEARANCE .—The term ‘‘secu-14
rity clearance’’ means an authorization to access 15
classified information. 16
(11) U
NAUTHORIZED DISCLOSURE .—The term 17
‘‘unauthorized disclosure’’ means a communication 18
or physical transfer of classified information to an 19
unauthorized recipient. 20
(12) U
NCLASSIFIED INFORMATION .—The term 21
‘‘unclassified information’’ means information that is 22
not classified information. 23
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SEC. 753. FINDINGS AND SENSE OF THE SENATE. 1
(a) F
INDINGS.—The Senate makes the following 2
findings: 3
(1) According to a report released by the Office 4
of the Director of Intelligence in 2020 titled ‘‘Fiscal 5
Year 2019 Annual Report on Security Clearance De-6
terminations’’, more than 4,000,000 individuals have 7
been granted eligibility for a security clearance. 8
(2) At least 1,300,000 of such individuals have 9
been granted access to information classified at the 10
Top Secret level. 11
(b) S
ENSE OF THESENATE.—It is the sense of the 12
Senate that— 13
(1) the classification system of the Federal Gov-14
ernment is in urgent need of reform; 15
(2) the number of people with access to classi-16
fied information is exceedingly high and must be jus-17
tified or reduced; 18
(3) reforms are necessary to reestablish trust 19
between the Federal Government and the people of 20
the United States; and 21
(4) classification should be limited to the min-22
imum necessary to protect national security while 23
balancing the public’s interest in disclosure. 24
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SEC. 754. CLASSIFICATION AUTHORITY. 1
(a) I
NGENERAL.—The authority to classify informa-2
tion originally may be exercised only by— 3
(1) the President and, in the performance of ex-4
ecutive duties, the Vice President; 5
(2) the head of an agency or an official of any 6
agency authorized by the President pursuant to a 7
designation of such authority in the Federal Reg-8
ister; and 9
(3) an official of the Federal Government to 10
whom authority to classify information originally has 11
been delegated pursuant to subsection (c). 12
(b) S
COPE OFAUTHORITY.—An individual author-13
ized by this section to classify information originally at 14
a specified level may also classify the information origi-15
nally at a lower level. 16
(c) D
ELEGATION OFORIGINALCLASSIFICATIONAU-17
THORITY.—An official of the Federal Government may be 18
delegated original classification authority subject to the 19
following: 20
(1) Delegation of original classification author-21
ity shall be limited to the minimum required to ad-22
minister this section. Agency heads shall be respon-23
sible for ensuring that designated subordinate offi-24
cials have a demonstrable and continuing need to ex-25
ercise this authority. 26
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(2) Authority to originally classify information 1
at the level designated as ‘‘Top Secret’’ may be dele-2
gated only by the President, in the performance of 3
executive duties, the Vice President, or an agency 4
head or official designated pursuant to subsection 5
(a)(2). 6
(3) Authority to originally classify information 7
at the level designated as ‘‘Secret’’ or ‘‘Confidential’’ 8
may be delegated only by the President, in the per-9
formance of executive duties, the Vice President, or 10
an agency head or official designated pursuant to 11
subsection (a)(2), or the senior agency official de-12
scribed in section 5.4(d) of Executive Order 13526 13
(50 U.S.C. 3161 note; relating to classified national 14
security information), or successor order, provided 15
that official has been delegated ‘‘Top Secret’’ origi-16
nal classification authority by the agency head. 17
(4) Each delegation of original classification au-18
thority shall be in writing and the authority shall 19
not be redelegated except as provided by paragraphs 20
(1), (2), and (3). Each delegation shall identify the 21
official by name or position title. 22
(d) T
RAININGREQUIRED.— 23
(1) I
N GENERAL.—An individual may not be 24
delegated original classification authority under this 25
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section unless the individual has first received train-1
ing described in paragraph (2). 2
(2) T
RAINING DESCRIBED.—Training described 3
in this paragraph is training on original classifica-4
tion that includes instruction on the proper safe-5
guarding of classified information and of the crimi-6
nal, civil, and administrative sanctions that may be 7
brought against an individual who fails to protect 8
classified information from unauthorized disclosure. 9
(e) E
XCEPTIONALCASES.— 10
(1) I
N GENERAL.—When an employee, con-11
tractor, licensee, certificate holder, or grantee of an 12
agency who does not have original classification au-13
thority originates information believed by that em-14
ployee, contractor, licensee, certificate holder, or 15
grantee to require classification, the information 16
shall be protected in a manner consistent with Exec-17
utive Order 13526 (50 U.S.C. 3161 note; relating to 18
classified national security information), or successor 19
order. 20
(2) T
RANSMITTAL.—An employee, contractor, 21
licensee, certificate holder, or grantee described in 22
paragraph (1), who originates information described 23
in such paragraph, shall promptly transmit such in-24
formation to— 25
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(A) the agency that has appropriate sub-1
ject matter interest and classification authority 2
with respect to this information; or 3
(B) if it is not clear which agency has ap-4
propriate subject matter interest and classifica-5
tion authority with respect to the information, 6
the Director of the Information Security Over-7
sight Office. 8
(3) A
GENCY DECISIONS.—An agency that re-9
ceives information pursuant to paragraph (2)(A) or 10
(4) shall decide within 30 days whether to classify 11
this information. 12
(4) I
NFORMATION SECURITY OVERSIGHT OF -13
FICE ACTION.—If the Director of the Information 14
Security Oversight Office receives information under 15
paragraph (2)(B), the Director shall determine the 16
agency having appropriate subject matter interest 17
and classification authority and forward the infor-18
mation, with appropriate recommendations, to that 19
agency for a classification determination. 20
SEC. 755. PROMOTING EFFICIENT DECLASSIFICATION RE-21
VIEW. 22
(a) I
NGENERAL.—Whenever an agency is processing 23
a request pursuant to section 552 of title 5, United States 24
Code (commonly known as the ‘‘Freedom of Information 25
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Act’’) or the mandatory declassification review provisions 1
of Executive Order 13526 (50 U.S.C. 3161 note; relating 2
to classified national security information), or successor 3
order, and identifies responsive classified records that are 4
more than 25 years of age as of December 31 of the year 5
in which the request is received, the head of the agency 6
shall review the record and process the record for declas-7
sification and release by the National Declassification 8
Center of the National Archives and Records Administra-9
tion. 10
(b) A
PPLICATION.—Subsection (a) shall apply— 11
(1) regardless of whether or not the record de-12
scribed in such subsection is in the legal custody of 13
the National Archives and Records Administration; 14
and 15
(2) without regard for any other provisions of 16
law or existing agreements or practices between 17
agencies. 18
SEC. 756. TRAINING TO PROMOTE SENSIBLE CLASSIFICA-19
TION. 20
(a) D
EFINITIONS.—In this section: 21
(1) O
VER-CLASSIFICATION.—The term ‘‘over- 22
classification’’ means classification at a level that ex-23
ceeds the minimum level of classification that is suf-24
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ficient to protect the national security of the United 1
States. 2
(2) S
ENSIBLE CLASSIFICATION .—The term 3
‘‘sensible classification’’ means classification at a 4
level that is the minimum level of classification that 5
is sufficient to protect the national security of the 6
United States. 7
(b) T
RAININGREQUIRED.—Each head of an agency 8
with classification authority shall conduct training for em-9
ployees of the agency with classification authority to dis-10
courage over-classification and to promote sensible classi-11
fication. 12
SEC. 757. IMPROVEMENTS TO PUBLIC INTEREST DECLAS-13
SIFICATION BOARD. 14
Section 703 of the Public Interest Declassification 15
Act of 2000 (50 U.S.C. 3355a) is amended— 16
(1) in subsection (c), by adding at the end the 17
following: 18
‘‘(5) A member of the Board whose term has expired 19
may continue to serve until a successor is appointed and 20
sworn in.’’; and 21
(2) in subsection (f)— 22
(A) by inserting ‘‘(1)’’ before ‘‘Any em-23
ployee’’; and 24
(B) by adding at the end the following: 25
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‘‘(2)(A) In addition to any employees detailed to the 1
Board under paragraph (1), the Board may hire not more 2
than 12 staff members. 3
‘‘(B) There are authorized to be appropriated to 4
carry out subparagraph (A) such sums as are necessary 5
for fiscal year 2024 and each fiscal year thereafter.’’. 6
SEC. 758. IMPLEMENTATION OF TECHNOLOGY FOR CLASSI-7
FICATION AND DECLASSIFICATION. 8
(a) I
NGENERAL.—Not later than 1 year after the 9
date of the enactment of this Act, the Administrator of 10
the Office of Electronic Government (in this section re-11
ferred to as the ‘‘Administrator’’) shall, in consultation 12
with the Secretary of Defense, the Director of the Central 13
Intelligence Agency, the Director of National Intelligence, 14
the Public Interest Declassification Board, the Director of 15
the Information Security Oversight Office, and the head 16
of the National Declassification Center of the National Ar-17
chives and Records Administration— 18
(1) research a technology-based solution— 19
(A) utilizing machine learning and artifi-20
cial intelligence to support efficient and effec-21
tive systems for classification and declassifica-22
tion; and 23
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(B) to be implemented on an interoperable 1
and federated basis across the Federal Govern-2
ment; and 3
(2) submit to the President a recommendation 4
regarding a technology-based solution described in 5
paragraph (1) that should be adopted by the Federal 6
Government. 7
(b) S
TAFF.—The Administrator may hire sufficient 8
staff to carry out subsection (a). 9
(c) R
EPORT.—Not later than 540 days after the date 10
of the enactment of this Act, the President shall submit 11
to Congress a classified report on the technology-based so-12
lution recommended by the Administrator under sub-13
section (a)(2) and the President’s decision regarding its 14
adoption. 15
SEC. 759. STUDIES AND RECOMMENDATIONS ON NECES-16
SITY OF SECURITY CLEARANCES. 17
(a) A
GENCYSTUDIES ONNECESSITY OFSECURITY 18
C
LEARANCES.— 19
(1) S
TUDIES REQUIRED .—The head of each 20
agency that grants security clearances to personnel 21
of such agency shall conduct a study on the neces-22
sity of such clearances. 23
(2) R
EPORTS REQUIRED.— 24
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(A) IN GENERAL.—Not later than 1 year 1
after the date of the enactment of this Act, 2
each head of an agency that conducts a study 3
under paragraph (1) shall submit to Congress 4
a report on the findings of the agency head 5
with respect to such study, which the agency 6
head may classify as appropriate. 7
(B) R
EQUIRED ELEMENTS .—Each report 8
submitted by the head of an agency under sub-9
paragraph (A) shall include, for such agency, 10
the following: 11
(i) The number of personnel eligible 12
for access to information up to the ‘‘Top 13
Secret’’ level. 14
(ii) The number of personnel eligible 15
for access to information up to the ‘‘Se-16
cret’’ level. 17
(iii) Information on any reduction in 18
the number of personnel eligible for access 19
to classified information based on the 20
study conducted under paragraph (1). 21
(iv) A description of how the agency 22
head will ensure that the number of secu-23
rity clearances granted by such agency will 24
be kept to the minimum required for the 25
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conduct of agency functions, commensurate 1
with the size, needs, and mission of the 2
agency. 3
(3) I
NDUSTRY.—This subsection shall apply to 4
the Secretary of Defense in the Secretary’s capacity 5
as the Executive Agent for the National Industrial 6
Security Program, and the Secretary shall treat con-7
tractors, licensees, and grantees as personnel of the 8
Department of Defense for purposes of the studies 9
and reports required by this subsection. 10
(b) D
IRECTOR OFNATIONALINTELLIGENCEREVIEW 11
OFSENSITIVECOMPARTMENTED INFORMATION.—The 12
Director of National Intelligence shall— 13
(1) review the number of personnel eligible for 14
access to sensitive compartmented information; and 15
(2) submit to Congress a report on how the Di-16
rector will ensure that the number of such personnel 17
is limited to the minimum required. 18
(c) A
GENCYREVIEW OFSPECIALACCESSPRO-19
GRAMS.—Each head of an agency who is authorized to es-20
tablish a special access program by Executive Order 21
13526 (50 U.S.C. 3161 note; relating to classified na-22
tional security information), or successor order, shall— 23
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(1) review the number of personnel of the agen-1
cy eligible for access to such special access pro-2
grams; and 3
(2) submit to Congress a report on how the 4
agency head will ensure that the number of such 5
personnel is limited to the minimum required. 6
(d) S
ECRETARY OFENERGYREVIEW OFQ ANDL 7
C
LEARANCES.—The Secretary of Energy shall— 8
(1) review the number of personnel of the De-9
partment of Energy granted Q and L access; and 10
(2) submit to Congress a report on how the 11
Secretary will ensure that the number of such per-12
sonnel is limited to the minimum required 13
(e) I
NDEPENDENT REVIEWS.—Not later than 180 14
days after the date on which a study is completed under 15
subsection (a) or a review is completed under subsections 16
(b) through (d), the Director of the Information Security 17
Oversight Office of the National Archives and Records Ad-18
ministration, the Director of National Intelligence, and the 19
Public Interest Declassification Board shall each review 20
the study or review, as the case may be. 21
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TITLE VIII—SECURITY CLEAR-1
ANCE AND TRUSTED WORK-2
FORCE 3
SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY 4
SERVICES FOR PERSONNEL VETTING. 5
Not later than 1 year after the date of the enactment 6
of this Act, the Director of National Intelligence shall sub-7
mit to the congressional intelligence committees a review 8
of the extent to which the intelligence community can use 9
information technology services shared among the intel-10
ligence community for purposes of personnel vetting, in-11
cluding with respect to human resources, suitability, and 12
security. 13
SEC. 802. TIMELINESS STANDARD FOR RENDERING DETER-14
MINATIONS OF TRUST FOR PERSONNEL VET-15
TING. 16
(a) T
IMELINESSSTANDARD.— 17
(1) I
N GENERAL.—The President shall, acting 18
through the Security Executive Agent and the Suit-19
ability and Credentialing Executive Agent, establish 20
and publish in the Federal Register new timeliness 21
performance standards for processing personnel vet-22
ting trust determinations in accordance with the 23
Federal personnel vetting performance management 24
standards. 25
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(2) QUINQUENNIAL REVIEWS .—Not less fre-1
quently than once every 5 years, the President shall, 2
acting through the Security Executive Agent and the 3
Suitability and Credentialing Executive Agent— 4
(A) review the standards established pur-5
suant to paragraph (1); and 6
(B) pursuant to such review— 7
(i) update such standards as the 8
President considers appropriate; and 9
(ii) publish in the Federal Register 10
such updates as may be made pursuant to 11
clause (i). 12
(3) C
ONFORMING AMENDMENT .—Section 3001 13
of the Intelligence Reform and Terrorism Prevention 14
Act of 2004 (50 U.S.C. 3341) is amended by strik-15
ing subsection (g). 16
(b) Q
UARTERLYREPORTS ONIMPLEMENTATION.— 17
(1) I
N GENERAL.—Not less frequently than 18
quarterly, the Security Executive Agent and the 19
Suitability and Credentialing Executive Agent shall 20
jointly make available to the public a quarterly re-21
port on the compliance of Executive agencies (as de-22
fined in section 105 of title 5, United States Code) 23
with the standards established pursuant to sub-24
section (a). 25
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(2) DISAGGREGATION.—Each report made 1
available pursuant to paragraph (1) shall 2
disaggregate data by appropriate category of per-3
sonnel risk and between Government and contractor 4
personnel. 5
(c) C
OMPLEMENTARY STANDARDS FOR INTEL-6
LIGENCECOMMUNITY.—The Director of National Intel-7
ligence may, in consultation with the Security, Suitability, 8
and Credentialing Performance Accountability Council es-9
tablished pursuant to Executive Order 13467 (50 U.S.C. 10
3161 note; relating to reforming processes related to suit-11
ability for Government employment, fitness for contractor 12
employees, and eligibility for access to classified national 13
security information) establish for the intelligence commu-14
nity standards complementary to those established pursu-15
ant to subsection (a). 16
SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING 17
TRUST DETERMINATIONS. 18
(a) D
EFINITION OFPERSONNELVETTINGTRUST 19
D
ETERMINATION.—In this section, the term ‘‘personnel 20
vetting trust determination’’ means any determination 21
made by an executive branch agency as to whether an indi-22
vidual can be trusted to perform job functions or to be 23
granted access necessary for a position. 24
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(b) ANNUALREPORT.—Not later than March 30, 1
2024, and annually thereafter for 5 years, the Director 2
of National Intelligence, acting as the Security Executive 3
Agent, and the Director of the Office of Personnel Man-4
agement, acting as the Suitability and Credentialing Exec-5
utive Agent, in coordination with the Security, Suitability, 6
and Credentialing Performance Accountability Council, 7
shall jointly make available to the public a report on spe-8
cific types of personnel vetting trust determinations made 9
during the fiscal year preceding the fiscal year in which 10
the report is made available, disaggregated by the fol-11
lowing: 12
(1) Determinations of eligibility for national se-13
curity-sensitive positions, separately noting— 14
(A) the number of individuals granted ac-15
cess to national security information; and 16
(B) the number of individuals determined 17
to be eligible for but not granted access to na-18
tional security information. 19
(2) Determinations of suitability or fitness for 20
a public trust position. 21
(3) Status as a Government employee, a con-22
tractor employee, or other category. 23
(c) E
LIMINATION OFREPORTREQUIREMENT.—Sec-24
tion 3001 of the Intelligence Reform and Terrorism Pre-25
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vention Act of 2004 (50 U.S.C. 3341) is amended by strik-1
ing subsection (h). 2
SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAK-3
NESSES OF TRUSTED WORKFORCE 2.0. 4
Not later than 1 year after the date of the enactment 5
of this Act, and once every 2 years thereafter until 2029, 6
the Comptroller General of the United States shall admin-7
ister a survey to such sample of Federal agencies, Federal 8
contractors, and other persons that require security clear-9
ances to access classified information as the Comptroller 10
General considers appropriate to assess— 11
(1) the strengths and weaknesses of the imple-12
mentation of the Trusted Workforce 2.0 initiative; 13
and 14
(2) the effectiveness of vetting Federal per-15
sonnel while managing risk during the onboarding of 16
such personnel. 17
SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR 18
ACCESS TO CLASSIFIED INFORMATION SOLE-19
LY BECAUSE OF PAST USE OF CANNABIS. 20
(a) D
EFINITIONS.—In this section: 21
(1) C
ANNABIS.—The term ‘‘cannabis’’ has the 22
meaning given the term ‘‘marihuana’’ in section 102 23
of the Controlled Substances Act (21 U.S.C. 802). 24
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(2) ELIGIBILITY FOR ACCESS TO CLASSIFIED 1
INFORMATION.—The term ‘‘eligibility for access to 2
classified information’’ has the meaning given the 3
term in the procedures established pursuant to sec-4
tion 801(a) of the National Security Act of 1947 (50 5
U.S.C. 3161(a)). 6
(b) P
ROHIBITION.—Notwithstanding any other provi-7
sion of law, the head of an element of the intelligence com-8
munity may not make a determination to deny eligibility 9
for access to classified information to an individual based 10
solely on the use of cannabis by the individual prior to 11
the submission of the application for a security clearance 12
by the individual. 13
TITLE IX—ANOMALOUS HEALTH 14
INCIDENTS 15
SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAY-16
MENTS MADE BY THE CENTRAL INTEL-17
LIGENCE AGENCY FOR QUALIFYING INJU-18
RIES TO THE BRAIN. 19
Section 19A(d) of the Central Intelligence Agency 20
Act of 1949 (50 U.S.C. 3519b(d)) is amended by striking 21
paragraph (3) and inserting the following new paragraph: 22
‘‘(3) F
UNDING.— 23
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‘‘(A) IN GENERAL.—Payment under para-1
graph (2) in a fiscal year may be made using 2
any funds— 3
‘‘(i) appropriated in advance specifi-4
cally for payments under such paragraph; 5
or 6
‘‘(ii) reprogrammed in accordance 7
with section 504 of the National Security 8
Act of 1947 (50 U.S.C. 3094). 9
‘‘(B) B
UDGET.—For each fiscal year, the 10
Director shall include with the budget justifica-11
tion materials submitted to Congress in support 12
of the budget of the President for that fiscal 13
year pursuant to section 1105(a) of title 31, 14
United States Code, an estimate of the funds 15
required in that fiscal year to make payments 16
under paragraph (2).’’. 17
SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK 18
CERTAIN BENEFITS RELATING TO INJURIES 19
TO THE BRAIN. 20
(a) I
NGENERAL.—Section 19A(d) of the Central In-21
telligence Agency Act of 1949 (50 U.S.C. 3519b(d)) is 22
amended by adding at the end of paragraph (5) the fol-23
lowing new sentence: ‘‘A covered dependent, covered em-24
ployee, or covered individual shall not be required to seek 25
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any other benefit furnished by the United States Govern-1
ment to be eligible for the payment authorized under para-2
graph (2).’’. 3
(b) R
EGULATIONS.—Not later than 90 days after the 4
date of the enactment of this Act, the Director of the Cen-5
tral Intelligence Agency shall— 6
(1) revise the regulations of the Expanded Care 7
Program of the Central Intelligence Agency to con-8
form with the amendment made by subsection (a); 9
and 10
(2) submit to the congressional intelligence 11
committees copies of such regulations, as revised 12
pursuant to paragraph (1). 13
SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION 14
OF HAVANA ACT OF 2021 AUTHORITIES. 15
(a) R
EGULATIONS.—Except as provided in subsection 16
(c), not later than 180 days after the date of the enact-17
ment of this Act, each head of an element of the intel-18
ligence community that has not already done so shall— 19
(1) issue regulations and procedures to imple-20
ment the authorities provided by section 19A(d) of 21
the Central Intelligence Agency Act of 1949 (50 22
U.S.C. 3519b(d)) and section 901(i) of title IX of 23
division J of the Further Consolidated Appropria-24
tions Act, 2020 (22 U.S.C. 2680b(i)) to provide pay-25
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ments under such sections, to the degree that such 1
authorities are applicable to the head of the element; 2
and 3
(2) submit to the congressional intelligence 4
committees copies of such regulations. 5
(b) R
EPORTING.—Not later than 210 days after the 6
date of the enactment of this Act, each head of an element 7
of the intelligence community shall submit to the congres-8
sional intelligence committees a report on— 9
(1) the estimated number of individuals associ-10
ated with their element that may be eligible for pay-11
ment under the authorities described in subsection 12
(a)(1); 13
(2) an estimate of the obligation that the head 14
of the intelligence community element expects to 15
incur in fiscal year 2025 as a result of establishing 16
the regulations pursuant to subsection (a)(1); and 17
(3) any perceived barriers or concerns in imple-18
menting such authorities. 19
(c) A
LTERNATIVEREPORTING.—Not later than 180 20
days after the date of the enactment of this Act, each head 21
of an element of the intelligence community (other than 22
the Director of the Central Intelligence Agency) who be-23
lieves that the authorities described in subsection (a)(1) 24
are not currently relevant for individuals associated with 25
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their element, or who are not otherwise in position to issue 1
the regulations and procedures required by subsection 2
(a)(1) shall provide written and detailed justification to 3
the congressional intelligence committees to explain this 4
position. 5
SEC. 904. REPORT AND BRIEFING ON CENTRAL INTEL-6
LIGENCE AGENCY HANDLING OF ANOMA-7
LOUS HEALTH INCIDENTS. 8
(a) D
EFINITIONS.—In this section: 9
(1) A
GENCY.—The term ‘‘Agency’’ means the 10
Central Intelligence Agency. 11
(2) Q
UALIFYING INJURY.—The term ‘‘quali-12
fying injury’’ has the meaning given such term in 13
section 19A(d)(1) of the Central Intelligence Agency 14
Act of 1949 (50 U.S.C. 3519b(d)(1)). 15
(b) I
NGENERAL.—Not later than 60 days after the 16
date of the enactment of this Act, the Director of the Cen-17
tral Intelligence Agency shall submit to the congressional 18
intelligence committees a report on the handling of anoma-19
lous health incidents by the Agency. 20
(c) C
ONTENTS.—The report required by subsection 21
(b) shall include the following: 22
(1) HAVANA 
ACT IMPLEMENTATION .— 23
(A) An explanation of how the Agency de-24
termines whether a reported anomalous health 25
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incident resulted in a qualifying injury or a 1
qualifying injury to the brain. 2
(B) The number of participants of the Ex-3
panded Care Program of the Central Intel-4
ligence Agency who— 5
(i) have a certified qualifying injury or 6
a certified qualifying injury to the brain; 7
and 8
(ii) as of September 30, 2023, applied 9
to the Expanded Care Program due to a 10
reported anomalous health incident. 11
(C) A comparison of the number of anoma-12
lous health incidents reported by applicants to 13
the Expanded Care Program that occurred in 14
the United States and that occurred in a for-15
eign country. 16
(D) The specific reason each applicant was 17
approved or denied for payment under the Ex-18
panded Care Program. 19
(E) The number of applicants who were 20
initially denied payment but were later ap-21
proved on appeal. 22
(F) The average length of time, from the 23
time of application, for an applicant to receive 24
a determination from the Expanded Care Pro-25
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gram, aggregated by qualifying injuries and 1
qualifying injuries to the brain. 2
(2) P
RIORITY CASES.— 3
(A) A detailed list of priority cases of 4
anomalous health incidents, including, for each 5
incident, locations, dates, times, and cir-6
cumstances. 7
(B) For each priority case listed in accord-8
ance with subparagraph (A), a detailed expla-9
nation of each credible alternative explanation 10
that the Agency assigned to the incident, in-11
cluding— 12
(i) how the incident was discovered; 13
(ii) how the incident was assigned 14
within the Agency; and 15
(iii) whether an individual affected by 16
the incident is provided an opportunity to 17
appeal the credible alternative explanation. 18
(C) For each priority case of an anomalous 19
health incident determined to be largely con-20
sistent with the definition of ‘‘anomalous health 21
incident’’ established by the National Academy 22
of Sciences and for which the Agency does not 23
have a credible alternative explanation, a de-24
tailed description of such case. 25
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(3) ANOMALOUS HEALTH INCIDENT SEN -1
SORS.— 2
(A) A list of all types of sensors that the 3
Agency has developed or deployed with respect 4
to reports of anomalous health incidents, in-5
cluding, for each type of sensor, the deployment 6
location, the date and the duration of the em-7
ployment of such type of sensor, and, if applica-8
ble, the reason for removal. 9
(B) A list of entities to which the Agency 10
has provided unrestricted access to data associ-11
ated with anomalous health incidents. 12
(C) A list of requests for support the 13
Agency has received from elements of the Fed-14
eral Government regarding sensor development, 15
testing, or deployment, and a description of the 16
support provided in each case. 17
(D) A description of all emitter signatures 18
obtained by sensors associated with anomalous 19
health incidents in Agency holdings since 2016, 20
including— 21
(i) the identification of any of such 22
emitters that the Agency prioritizes as a 23
threat; and 24
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(ii) an explanation of such 1
prioritization. 2
(d) A
DDITIONALSUBMISSIONS.—Concurrent with 3
the submission of the report required by subsection (b), 4
the Director of the Central Intelligence Agency shall sub-5
mit to the congressional intelligence committees— 6
(1) a template of each form required to apply 7
for the Expanded Care Program, including with re-8
spect to payments for a qualifying injury or a quali-9
fying injury to the brain; 10
(2) copies of internal guidance used by the 11
Agency to adjudicate claims for the Expanded Care 12
Program, including with respect to payments for a 13
qualifying injury to the brain; 14
(3) the case file of each applicant to the Ex-15
panded Care Program who applied due to a reported 16
anomalous health incident, including supporting 17
medical documentation, with name and other identi-18
fying information redacted; 19
(4) copies of all informational and instructional 20
materials provided to employees of and other individ-21
uals affiliated with the Agency with respect to apply-22
ing for the Expanded Care Program; and 23
(5) copies of Agency guidance provided to em-24
ployees of and other individuals affiliated with the 25
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Agency with respect to reporting and responding to 1
a suspected anomalous health incident, and the roles 2
and responsibilities of each element of the Agency 3
tasked with responding to a report of an anomalous 4
health incident. 5
(e) B
RIEFING.—Not later than 90 days after the date 6
of the enactment of this Act, the Director of the Central 7
Intelligence Agency shall brief the congressional intel-8
ligence committees on the report. 9
TITLE X—ELECTION SECURITY 10
SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY 11
TO UPHOLD RESPECT FOR ELECTIONS 12
THROUGH INDEPENDENT TESTING ACT OF 13
2023. 14
(a) S
HORTTITLE.—This section may be cited as the 15
‘‘Strengthening Election Cybersecurity to Uphold Respect 16
for Elections through Independent Testing Act of 2023’’ 17
or the ‘‘SECURE IT Act of 2023’’. 18
(b) R
EQUIRINGPENETRATIONTESTING ASPART OF 19
THETESTING AND CERTIFICATION OF VOTINGSYS-20
TEMS.—Section 231 of the Help America Vote Act of 21
2002 (52 U.S.C. 20971) is amended by adding at the end 22
the following new subsection: 23
‘‘(e) R
EQUIREDPENETRATIONTESTING.— 24
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‘‘(1) IN GENERAL.—Not later than 180 days 1
after the date of the enactment of this subsection, 2
the Commission shall provide for the conduct of pen-3
etration testing as part of the testing, certification, 4
decertification, and recertification of voting system 5
hardware and software by accredited laboratories 6
under this section. 7
‘‘(2) A
CCREDITATION.—The Director of the 8
National Institute of Standards and Technology 9
shall recommend to the Commission entities the Di-10
rector proposes be accredited to carry out penetra-11
tion testing under this subsection and certify compli-12
ance with the penetration testing-related guidelines 13
required by this subsection. The Commission shall 14
vote on the accreditation of any entity recommended. 15
The requirements for such accreditation shall be a 16
subset of the requirements for accreditation of lab-17
oratories under subsection (b) and shall only be 18
based on consideration of an entity’s competence to 19
conduct penetration testing under this subsection.’’. 20
(c) I
NDEPENDENT SECURITYTESTING ANDCOORDI-21
NATEDCYBERSECURITY VULNERABILITY DISCLOSURE 22
P
ROGRAM FORELECTIONSYSTEMS.— 23
(1) I
N GENERAL.—Subtitle D of title II of the 24
Help America Vote Act of 2002 (42 U.S.C. 15401 25
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et seq.) is amended by adding at the end the fol-1
lowing new part: 2
‘‘PART 7—INDEPENDENT SECURITY TESTING AND 3
COORDINATED CYBERSECURITY VULNER-4
ABILITY DISCLOSURE PILOT PROGRAM FOR 5
ELECTION SYSTEMS 6
‘‘SEC. 297. INDEPENDENT SECURITY TESTING AND COORDI-7
NATED CYBERSECURITY VULNERABILITY 8
DISCLOSURE PILOT PROGRAM FOR ELEC-9
TION SYSTEMS. 10
‘‘(a) I
NGENERAL.— 11
‘‘(1) E
STABLISHMENT.—The Commission, in 12
consultation with the Secretary, shall establish an 13
Independent Security Testing and Coordinated Vul-14
nerability Disclosure Pilot Program for Election Sys-15
tems (VDP–E) (in this section referred to as the 16
‘program’) in order to test for and disclose cyberse-17
curity vulnerabilities in election systems. 18
‘‘(2) D
URATION.—The program shall be con-19
ducted for a period of 5 years. 20
‘‘(3) R
EQUIREMENTS.—In carrying out the pro-21
gram, the Commission, in consultation with the Sec-22
retary, shall— 23
‘‘(A) establish a mechanism by which an 24
election systems vendor may make their election 25
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system (including voting machines and source 1
code) available to cybersecurity researchers par-2
ticipating in the program; 3
‘‘(B) provide for the vetting of cybersecu-4
rity researchers prior to their participation in 5
the program, including the conduct of back-6
ground checks; 7
‘‘(C) establish terms of participation 8
that— 9
‘‘(i) describe the scope of testing per-10
mitted under the program; 11
‘‘(ii) require researchers to— 12
‘‘(I) notify the vendor, the Com-13
mission, and the Secretary of any cy-14
bersecurity vulnerability they identify 15
with respect to an election system; 16
and 17
‘‘(II) otherwise keep such vulner-18
ability confidential for 180 days after 19
such notification; 20
‘‘(iii) require the good-faith participa-21
tion of all participants in the program; 22
‘‘(iv) require an election system ven-23
dor, after receiving notification of a critical 24
or high vulnerability (as defined by the 25
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National Institute of Standards and Tech-1
nology) in an election system of the ven-2
dor, to— 3
‘‘(I) send a patch or propound 4
some other fix or mitigation for such 5
vulnerability to the appropriate State 6
and local election officials, in con-7
sultation with the researcher who dis-8
covered it; and 9
‘‘(II) notify the Commission and 10
the Secretary that such patch has 11
been sent to such officials; 12
‘‘(D) in the case where a patch or fix to 13
address a vulnerability disclosed under subpara-14
graph (C)(ii)(I) is intended to be applied to a 15
system certified by the Commission, provide— 16
‘‘(i) for the expedited review of such 17
patch or fix within 90 days after receipt by 18
the Commission; and 19
‘‘(ii) if such review is not completed 20
by the last day of such 90-day period, that 21
such patch or fix shall be deemed to be 22
certified by the Commission; and 23
‘‘(E) 180 days after the disclosure of a 24
vulnerability under subparagraph (C)(ii)(I), no-25
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tify the Director of the Cybersecurity and In-1
frastructure Security Agency of the vulner-2
ability for inclusion in the database of Common 3
Vulnerabilities and Exposures. 4
‘‘(4) V
OLUNTARY PARTICIPATION ; SAFE HAR-5
BOR.— 6
‘‘(A) V
OLUNTARY PARTICIPATION .—Par-7
ticipation in the program shall be voluntary for 8
election systems vendors and researchers. 9
‘‘(B) S
AFE HARBOR.—When conducting 10
research under this program, such research and 11
subsequent publication shall be considered to 12
be: 13
‘‘(i) Authorized in accordance with 14
section 1030 of title 18, United States 15
Code (commonly known as the ‘Computer 16
Fraud and Abuse Act’), (and similar state 17
laws), and the election system vendor will 18
not initiate or support legal action against 19
the researcher for accidental, good-faith 20
violations of the program. 21
‘‘(ii) Exempt from the anti-circumven-22
tion rule of section 1201 of title 17, United 23
States Code (commonly known as the ‘Dig-24
ital Millennium Copyright Act’), and the 25
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election system vendor will not bring a 1
claim against a researcher for circumven-2
tion of technology controls. 3
‘‘(C) R
ULE OF CONSTRUCTION .—Nothing 4
in this paragraph may be construed to limit or 5
otherwise affect any exception to the general 6
prohibition against the circumvention of techno-7
logical measures under subparagraph (A) of 8
section 1201(a)(1) of title 17, United States 9
Code, including with respect to any use that is 10
excepted from that general prohibition by the 11
Librarian of Congress under subparagraphs (B) 12
through (D) of such section 1201(a)(1). 13
‘‘(5) E
XEMPT FROM DISCLOSURE .—Cybersecu-14
rity vulnerabilities discovered under the program 15
shall be exempt from section 552 of title 5, United 16
States Code (commonly referred to as the ‘Freedom 17
of Information Act’). 18
‘‘(6) D
EFINITIONS.—In this subsection: 19
‘‘(A) C
YBERSECURITY VULNERABILITY .— 20
The term ‘cybersecurity vulnerability’ means, 21
with respect to an election system, any security 22
vulnerability that affects the election system. 23
‘‘(B) E
LECTION INFRASTRUCTURE .—The 24
term ‘election infrastructure’ means— 25
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‘‘(i) storage facilities, polling places, 1
and centralized vote tabulation locations 2
used to support the administration of elec-3
tions for public office; and 4
‘‘(ii) related information and commu-5
nications technology, including— 6
‘‘(I) voter registration databases; 7
‘‘(II) election management sys-8
tems; 9
‘‘(III) voting machines; 10
‘‘(IV) electronic mail and other 11
communications systems (including 12
electronic mail and other systems of 13
vendors who have entered into con-14
tracts with election agencies to sup-15
port the administration of elections, 16
manage the election process, and re-17
port and display election results); and 18
‘‘(V) other systems used to man-19
age the election process and to report 20
and display election results on behalf 21
of an election agency. 22
‘‘(C) E
LECTION SYSTEM.—The term ‘elec-23
tion system’ means any information system that 24
is part of an election infrastructure, including 25
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any related information and communications 1
technology described in subparagraph (B)(ii). 2
‘‘(D) E
LECTION SYSTEM VENDOR .—The 3
term ‘election system vendor’ means any person 4
providing, supporting, or maintaining an elec-5
tion system on behalf of a State or local elec-6
tion official. 7
‘‘(E) I
NFORMATION SYSTEM .—The term 8
‘information system’ has the meaning given the 9
term in section 3502 of title 44, United States 10
Code. 11
‘‘(F) S
ECRETARY.—The term ‘Secretary’ 12
means the Secretary of Homeland Security. 13
‘‘(G) S
ECURITY VULNERABILITY .—The 14
term ‘security vulnerability’ has the meaning 15
given the term in section 102 of the Cybersecu-16
rity Information Sharing Act of 2015 (6 U.S.C. 17
1501).’’. 18
(2) C
LERICAL AMENDMENT .—The table of con-19
tents of such Act is amended by adding at the end 20
of the items relating to subtitle D of title II the fol-21
lowing: 22
‘‘PART 7—INDEPENDENT SECURITYTESTING ANDCOORDINATEDCYBERSE-
CURITYVULNERABILITYDISCLOSUREPROGRAM FORELECTIONSYSTEMS 
‘‘Sec. 297. Independent security testing and coordinated cybersecurity vulner-
ability disclosure program for election systems.’’. 
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SEC. 1002. PROTECTING BALLOT MEASURES FROM FOR-1
EIGN INFLUENCE ACT OF 2023. 2
(a) S
HORTTITLE.—This section may be cited as the 3
‘‘Protecting Ballot Measures from Foreign Influence Act 4
of 2023’’. 5
(b) I
NGENERAL.—Section 319(a)(1)(A) of the Fed-6
eral Election Campaign Act of 1971 (52 U.S.C. 7
30121(a)(1)(A)) is amended by inserting ‘‘, or a State or 8
local ballot initiative or ballot referendum’’ after ‘‘elec-9
tion’’. 10
(c) E
FFECTIVEDATE.—The amendment made by 11
subsection (b) shall apply with respect to contributions 12
and donations made on or after the date of enactment of 13
this Act. 14
TITLE XI—OTHER MATTERS 15
SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT 16
FOR ALL-DOMAIN ANOMALY RESOLUTION OF-17
FICE. 18
Section 1683(k)(1) of the National Defense Author-19
ization Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), 20
as amended by section 6802(a) of the Intelligence Author-21
ization Act for Fiscal Year 2023 (Public Law 117–263), 22
is amended— 23
(1) in the heading, by striking ‘‘D
IRECTOR OF 24
NATIONAL INTELLIGENCE AND SECRETARY OF DE -25
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FENSE’’ and inserting ‘‘ALL-DOMAIN ANOMALY RES -1
OLUTION OFFICE’’; and 2
(2) in subparagraph (A), by striking ‘‘Director 3
of National Intelligence and the Secretary of De-4
fense shall jointly’’ and inserting ‘‘Director of the 5
Office shall’’. 6
SEC. 1102. MODIFICATIONS TO NOTIFICATION ON THE PRO-7
VISION OF DEFENSE SENSITIVE SUPPORT. 8
(a) M
ODIFICATION OFWHENNOTIFICATIONISRE-9
QUIRED.—Paragraph (3) of section 1055(b) of the Na-10
tional Defense Authorization Act for Fiscal Year 2017 11
(Public Law 114–328; 10 U.S.C. 113 note) is amended— 12
(1) in the paragraph heading, by inserting 13
‘‘
AND EXTRAORDINARY SECURITY PROTECTIONS ’’ 14
after ‘‘
SUPPORT’’; 15
(2) in the matter preceding subparagraph (A), 16
by inserting ‘‘or requires extraordinary security pro-17
tections’’ after ‘‘time-sensitive’’; 18
(3) in subparagraph (A), by inserting ‘‘or after 19
the activity supported concludes’’ after ‘‘providing 20
the support’’; and 21
(4) in subparagraph (B)— 22
(A) by inserting ‘‘or after the activity sup-23
ported concludes’’ after ‘‘providing such sup-24
port’’; and 25
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(B) by inserting ‘‘or after the activity sup-1
ported concludes’’ after ‘‘providing the sup-2
port’’. 3
(b) E
XEMPTION.—Such section is amended by adding 4
at the end the following: 5
‘‘(6) E
XEMPTION.—The requirements of this 6
subsection shall not apply to the provision of defense 7
sensitive support for travel of the following: 8
‘‘(A) The Director of National Intelligence. 9
‘‘(B) The Principal Deputy Director of Na-10
tional Intelligence. 11
‘‘(C) The Director of the Central Intel-12
ligence Agency. 13
‘‘(D) The Deputy Director of the Central 14
Intelligence Agency.’’. 15
SEC. 1103. MODIFICATION OF CONGRESSIONAL OVERSIGHT 16
OF SPECIAL ACCESS PROGRAMS. 17
Section 3236 of the National Nuclear Security Ad-18
ministration Act (50 U.S.C. 2426) is amended— 19
(1) by striking ‘‘congressional defense commit-20
tees’’ each place it appears and inserting ‘‘appro-21
priate congressional committees’’; and 22
(2) by adding at the end the following sub-23
section: 24
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‘‘(g) APPROPRIATECONGRESSIONAL COMMITTEES 1
D
EFINED.—In this section, the term ‘appropriate congres-2
sional committees’ means— 3
‘‘(1) the congressional defense committees; 4
‘‘(2) the Select Committee on Intelligence of the 5
Senate; and 6
‘‘(3) the Permanent Select Committee on Intel-7
ligence of the House of Representatives.’’. 8
SEC. 1104. FUNDING LIMITATIONS RELATING TO UNIDENTI-9
FIED ANOMALOUS PHENOMENA. 10
(a) D
EFINITIONS.—In this section: 11
(1) A
PPROPRIATE COMMITTEES OF CON -12
GRESS.—The term ‘‘appropriate committees of Con-13
gress’’ means— 14
(A) the Select Committee on Intelligence, 15
the Committee on Armed Services, and the 16
Committee on Appropriations of the Senate; 17
and 18
(B) the Permanent Select Committee on 19
Intelligence, the Committee on Armed Services, 20
and the Committee on Appropriations of the 21
House of Representatives. 22
(2) C
ONGRESSIONAL LEADERSHIP .—The term 23
‘‘congressional leadership’’ means— 24
(A) the majority leader of the Senate; 25
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(B) the minority leader of the Senate; 1
(C) the Speaker of the House of Rep-2
resentatives; and 3
(D) the minority leader of the House of 4
Representatives. 5
(3) D
IRECTOR.—The term ‘‘Director’’ means 6
the Director of the All-domain Anomaly Resolution 7
Office. 8
(4) U
NIDENTIFIED ANOMALOUS PHENOMENA .— 9
The term ‘‘unidentified anomalous phenomena’’ has 10
the meaning given such term in section 1683(n) of 11
the National Defense Authorization Act for Fiscal 12
Year 2022 (50 U.S.C. 3373(n)), as amended by sec-13
tion 6802(a) of the Intelligence Authorization Act 14
for Fiscal Year 2023 (Public Law 117–263). 15
(b) S
ENSE OFCONGRESS.—It is the sense of Con-16
gress that, due to the increasing potential for technology 17
surprise from foreign adversaries and to ensure sufficient 18
integration across the United States industrial base and 19
avoid technology and security stovepipes— 20
(1) the United States industrial base must re-21
tain its global lead in critical advanced technologies; 22
and 23
(2) the Federal Government must expand 24
awareness about any historical exotic technology 25
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antecedents previously provided by the Federal Gov-1
ernment for research and development purposes. 2
(c) L
IMITATIONS.— 3
(1) I
N GENERAL.—No amount authorized to be 4
appropriated or appropriated by this Act or any 5
other Act may be obligated or expended, directly or 6
indirectly, in part or in whole, for, on, in relation to, 7
or in support of activities involving unidentified 8
anomalous phenomena protected under any form of 9
special access or restricted access limitations that 10
have not been formally, officially, explicitly, and spe-11
cifically described, explained, and justified to the ap-12
propriate committees of Congress, congressional 13
leadership, and the Director, including for any ac-14
tivities relating to the following: 15
(A) Recruiting, employing, training, equip-16
ping, and operations of, and providing security 17
for, government or contractor personnel with a 18
primary, secondary, or contingency mission of 19
capturing, recovering, and securing unidentified 20
anomalous phenomena craft or pieces and com-21
ponents of such craft. 22
(B) Analyzing such craft or pieces or com-23
ponents thereof, including for the purpose of 24
determining properties, material composition, 25
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method of manufacture, origin, characteristics, 1
usage and application, performance, operational 2
modalities, or reverse engineering of such craft 3
or component technology. 4
(C) Managing and providing security for 5
protecting activities and information relating to 6
unidentified anomalous phenomena from disclo-7
sure or compromise. 8
(D) Actions relating to reverse engineering 9
or replicating unidentified anomalous phe-10
nomena technology or performance based on 11
analysis of materials or sensor and observa-12
tional information associated with unidentified 13
anomalous phenomena. 14
(E) The development of propulsion tech-15
nology, or aerospace craft that uses propulsion 16
technology, systems, or subsystems, that is 17
based on or derived from or inspired by inspec-18
tion, analysis, or reverse engineering of recov-19
ered unidentified anomalous phenomena craft 20
or materials. 21
(F) Any aerospace craft that uses propul-22
sion technology other than chemical propellants, 23
solar power, or electric ion thrust. 24
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(2) FUTURE APPROPRIATIONS .—Paragraph (1) 1
shall apply with respect to an amount appropriated 2
after the date of the enactment of this Act, unless 3
such paragraph is specifically waived for such 4
amount, or such amount is specifically exempted 5
from such paragraph, by an Act enacted after the 6
date of the enactment of this Act. 7
(d) N
OTIFICATION AND REPORTING.—Any person 8
currently or formerly under contract with the Federal 9
Government that has in their possession material or infor-10
mation provided by or derived from the Federal Govern-11
ment relating to unidentified anomalous phenomena that 12
formerly or currently is protected by any form of special 13
access or restricted access shall— 14
(1) not later than 60 days after the date of the 15
enactment of this Act, notify the Director of such 16
possession; and 17
(2) not later than 180 days after the date of 18
the enactment of this Act, make available to the Di-19
rector for assessment, analysis, and inspection— 20
(A) all such material and information; and 21
(B) a comprehensive list of all non-earth 22
origin or exotic unidentified anomalous phe-23
nomena material. 24
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(e) LIABILITY.—No criminal or civil action may lie 1
or be maintained in any Federal or State court against 2
any person for receiving material or information described 3
in subsection (d) if that person complies with the notifica-4
tion and reporting provisions described in such subsection. 5
(f) L
IMITATIONREGARDINGINDEPENDENT RE-6
SEARCH ANDDEVELOPMENT.— 7
(1) I
N GENERAL.—Consistent with Department 8
of Defense Instruction Number 3204.01 (dated Au-9
gust 20, 2014, incorporating change 2, dated July 10
9, 2020; relating to Department policy for oversight 11
of independent research and development), inde-12
pendent research and development funding relating 13
to material or information described in subsection 14
(c) shall not be allowable as indirect expenses for 15
purposes of contracts covered by such instruction, 16
unless such material and information is made avail-17
able to the Director in accordance with subsection 18
(d). 19
(2) E
FFECTIVE DATE AND APPLICABILITY .— 20
Paragraph (1) shall take effect on the date that is 21
60 days after the date of the enactment of this Act 22
and shall apply with respect to funding from 23
amounts appropriated before, on, or after such date. 24
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(g) NOTICE TOCONGRESS.—Not later than 30 days 1
after the date on which the Director has received a notifi-2
cation under paragraph (1) of subsection (d) or informa-3
tion or material under paragraph (2) of such subsection, 4
the Director shall provide written notification of such re-5
ceipt to the appropriate committees of Congress and con-6
gressional leadership. 7
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106 
118
TH
CONGRESS 
1
ST
S
ESSION
 
S. 2103 A BILL 
To authorize appropriations for fiscal year 2024 for 
intelligence and intelligence-related activities of 
the United States Government, the Intelligence 
Community Management Account, and the Cen-
tral Intelligence Agency Retirement and Dis-
ability System, and for other purposes. 
J
UNE
22, 2023 
Read twice and placed on the calendar 
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