H.R. 5412 — what changed

added “305. Temporary authority for paid leave for a serious health condition

added “(a) Definitions—In this section:

added “(1) Paid serious health condition leave—The term paid serious health condition leave means paid leave taken under subsection (b).

added “(2) Serious health condition—The term serious health condition has the meaning given the term in section 6381 of title 5, United States Code.

added “(3) Son or daughter—The term son or daughter has the meaning given the term in section 6381 of title 5, United States Code.

added “(b) Paid serious health condition leave—During the period specified in subsection (f), and notwithstanding any other provision of law, a civilian employee of an element of the intelligence community shall have available a total of 12 administrative workweeks of paid leave during any 12-month period for one or more of the following:

added “(1) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

added “(2) Because of a serious health condition that makes the employee unable to perform the functions of the employee's position.

added “(c) Treatment of serious health condition leave request—Notwithstanding any other provision of law, an element of the intelligence community shall accommodate an employee’s leave schedule request under subsection (b), including a request to use such leave intermittently or on a reduced leave schedule, to the extent that the requested leave schedule does not unduly disrupt agency operations.

added “(d) Rules relating to paid leave—During the period specified in subsection (f), and notwithstanding any other provision of law—

added “(1) an employee of an element of the intelligence community—

added “(A) shall be required to first use all accrued or accumulated paid sick leave before being allowed to use paid serious health condition leave; and

added “(B) may not be required to first use all or any portion of any unpaid leave available to the employee before being allowed to use paid serious health condition leave; and

added “(2) paid serious health condition leave—

added “(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing element;

added “(B) may not be considered to be annual or vacation leave for purposes of section 5551 or 5552 of title 5, United States Code, or for any other purpose;

added “(C) if not used by the employee before the end of the 12-month period described in subsection (b) to which the leave relates, may not be available for any subsequent use and may not be converted into a cash payment;

added “(D) may be granted only to the extent that the employee does not receive a total of more than 12 weeks of paid serious health condition leave in any 12-month period;

added “(E) shall be used in increments of hours (or fractions thereof), with 12 administrative workweeks equal to 480 hours for employees of elements of the intelligence community with a regular full-time work schedule and converted to a proportional number of hours for employees of such elements with part-time, seasonal, or uncommon tours of duty; and

added “(F) may not be used during off-season (nonpay status) periods for employees of such elements with seasonal work schedules.

added “(e) Implementation

added “(1) Consistency with serious health condition leave under title 5—The Director of National Intelligence shall carry out this section in a manner consistent, to the extent appropriate, with the administration of leave taken under section 6382 of title 5, United States Code, for a reason described in subparagraph (C) or (D) of subsection (a)(1) of that section, including with respect to the authority to require a certification described in section 6383 of such title.

added “(2) Implementation plan—Not later than 1 year after the date of enactment of this section, the Director of National Intelligence shall submit to the congressional intelligence committees an implementation plan that includes—

added “(A) processes and procedures for implementing the paid serious health condition leave policies under subsections (b) through (d) during the period specified in subsection (f);

added “(B) an explanation of how such implementation will be reconciled with policies of other elements of the Federal Government, including the impact on elements funded by the National Intelligence Program that are housed within agencies outside the intelligence community;

added “(C) the projected impact of such implementation on the workforce of the intelligence community, including take rates, retention, recruiting, and morale, broken down by each element of the intelligence community; and

added “(D) all costs or operational expenses associated with such implementation.

added “(3) Directive—Not later than 90 days after the Director of National Intelligence submits the implementation plan under paragraph (2), the Director of National Intelligence shall issue a written directive to implement this section, which directive shall take effect on the date of issuance.

added “(f) Duration of authority—The authority and requirements under subsections (b) through (d) shall only apply during the 3-year period beginning on the date on which the Director of National Intelligence issues the written directive under subsection (e)(3).

added “(g) Annual report—During the period specified in subsection (f), the Director of National Intelligence shall submit to the congressional intelligence committees an annual report that—

added “(1) details the number of employees of each element of the intelligence community who applied for and took paid serious health condition leave during the year covered by the report;

added “(2) includes updates on major implementation challenges or costs associated with paid serious health condition leave; and

added “(3) includes a recommendation of the Director with respect to whether to extend the period specified in subsection (f).”

removed “501A. Congressional oversight of certain special access programs

removed “(a) Reports and notifications—At the same time that the Secretary of Defense submits any report or notification under section 119 of title 10, United States Code, that relates to a covered special access program or a new covered special access program, the Secretary shall also submit such report or notification to the congressional intelligence committees.

removed “(b) Briefings—On a periodic basis, but not less frequently than semiannually, the Secretary of Defense shall provide to the chairmen and ranking minority members of the congressional intelligence committees, and to any staff of such a committee designated by either the chair or ranking member for purposes of this subsection, a briefing on covered special access programs. Each such briefing shall include, at a minimum—

removed “(1) a description of the activity of the program during the period covered by the briefing; and

removed “(2) documentation with respect to how the program has achieved outcomes consistent with requirements documented by the Director of National Intelligence and the Secretary of Defense.

removed “(c) Notifications on compartments and subcompartments

removed “(1) Requirement—Except as provided by paragraph (2), a head of an element of the intelligence community may not establish a compartment or a subcompartment under a covered special access program until the head notifies the congressional intelligence committees of such compartment or subcompartment, as the case may be.

removed “(2) Waiver

removed “(A) Determination—On a case-by-case basis, the Director of National Intelligence may waive the requirement under paragraph (1). Not later than two days after making such a waiver, the Director shall notify the congressional intelligence committees of the waiver, including a justification for the waiver.

removed “(B) Submission—Not later than 30 days after the date on which the Director makes a waiver under subparagraph (A), the head of the element of the intelligence community for whom the waiver was made shall submit to the congressional intelligence committees the notification required under paragraph (1) relating to such waiver.

removed “(d) Annual reports

removed “(1) Requirement—On an annual basis, the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on covered special access programs administered by the head.

removed “(2) Matters included—Each report shall include, with respect to the period covered by the report, the following:

removed “(A) A list of all compartments and subcompartments of covered special access programs active as of the date of the report.

removed “(B) A list of all compartments and subcompartments of covered special access programs terminated during the period covered by the report.

removed “(C) With respect to the report submitted by the Director of National Intelligence, in addition to the matters specified in subparagraphs (A) and (B)—

removed “(i) a certification regarding whether the creation, validation, or substantial modification, including termination, for all existing and proposed covered special access programs, and the compartments and subcompartments within each, are substantiated and justified based on the information required by clause (ii); and

removed “(ii) for each certification—

removed “(I) the rationale for the revalidation, validation, or substantial modification, including termination, of each covered special access program, compartment, and subcompartment;

removed “(II) the identification of a control officer for each covered special access program; and

removed “(III) a statement of protection requirements for each covered special access program.

removed “(e) Covered special access program defined—In this section, the term covered special access program means a special access program that receives funding under the National Intelligence Program or the Military Intelligence Program, relates to an intelligence or intelligence-related activity, or both.”

added “(d) Enforcement—The President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code.”

added “(8) Enforcement—Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code.”

added “(D) Tolling—The time requirement established by subparagraph (A) for an employee or former employee to appeal the decision of an agency may be tolled if the employee or former employee presents substantial credible evidence showing why the employee or former employee did not timely initiate the appeal and why the enforcement of the time requirement would be unfair, such as evidence showing that the employee or former employee—

added “(i) did not receive notice of the decision; or

added “(ii) could not timely initiate the appeal because of factors beyond the control of the employee or former employee.”

added “(1) any lawful disclosure”

added “(2) any lawful disclosure that complies with—

added “(A) subsections (a)(1), (d), and (g) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.);

added “(B) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or

added “(C) subparagraphs (A), (D), and (I) of section 103H(k)(5); or

added “(3) if the actions do not result in the employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with—

added “(A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;

added “(B) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); or

added “(C) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.”

added “(A) any lawful disclosure”

added “(B) any lawful disclosure that complies with—

added “(i) subsections (a)(1), (d), and (g) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.);

added “(ii) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or

added “(iii) subparagraphs (A), (D), and (I) of section 103H(k)(5); or

added “(C) if the actions do not result in the contractor employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with—

added “(i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;

added “(ii) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or

added “(iii) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.”

added “(d) Rule of construction—Consistent with the protection of sources and methods, nothing in subsection (b) or (c) shall be construed to authorize—

added “(1) the withholding of information from Congress; or

added “(2) the taking of any personnel action against an employee who lawfully discloses information to Congress.

added “(e) Disclosures—A disclosure shall not be excluded from this section because—

added “(1) the disclosure was made to an individual, including a supervisor, who participated in an activity that the employee reasonably believed to be covered under subsection (b)(1)(B) or the contractor employee reasonably believed to be covered under subsection (c)(1)(A)(ii);

added “(2) the disclosure revealed information that had been previously disclosed;

added “(3) the disclosure was not made in writing;

added “(4) the disclosure was made while the employee was off duty;

added “(5) of the amount of time which has passed since the occurrence of the events described in the disclosure; or

added “(6) the disclosure was made during the normal course of duties of an employee or contractor employee.”

added “(F) the disclosure was made during the normal course of duties of an employee.”

removed Title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by inserting after section 1024 the following new section (and conforming the table of contents at the beginning of such Act accordingly):

removed “1025. Authorization of support by Director of National Intelligence for certain workforce activities

removed “(a) Authorization—The Director may, with or without reimbursement, obligate or expend amounts authorized to be appropriated or otherwise made available for the Office of the Director of National Intelligence for covered workforce activities for the purpose of supporting a covered workforce activity of an element of the intelligence community.

removed “(b) Covered workforce activity defined—In this section, the term covered workforce activity means an activity relating to—

removed “(1) recruitment or retention of the intelligence community workforce; or

removed “(2) diversity, equality, inclusion, or accessibility, with respect to such workforce.”

added “501A. Congressional oversight of certain special access programs

added “(a) Reports and notifications—At the same time that the Secretary of Defense submits any report or notification under section 119 of title 10, United States Code, that relates to a covered special access program or a new covered special access program, the Secretary shall also submit such report or notification to the congressional intelligence committees.

added “(b) Briefings—On a periodic basis, but not less frequently than semiannually, the Secretary of Defense shall provide to the chairmen and ranking minority members of the congressional intelligence committees, and to any staff of such a committee designated by either the chair or ranking member for purposes of this subsection, a briefing on covered special access programs. Each such briefing shall include, at a minimum—

added “(1) a description of the activity of the program during the period covered by the briefing; and

added “(2) documentation with respect to how the program has achieved outcomes consistent with requirements documented by the Director of National Intelligence and the Secretary of Defense.

added “(c) Notifications on compartments and subcompartments

added “(1) Requirement—Except as provided by paragraph (2), a head of an element of the intelligence community may not establish a compartment or a subcompartment under a covered special access program until the head notifies the congressional intelligence committees of such compartment or subcompartment, as the case may be.

added “(2) Waiver

added “(A) Determination—On a case-by-case basis, the Director of National Intelligence may waive the requirement under paragraph (1). Not later than two days after making such a waiver, the Director shall notify the congressional intelligence committees of the waiver, including a justification for the waiver.

added “(B) Submission—Not later than 30 days after the date on which the Director makes a waiver under subparagraph (A), the head of the element of the intelligence community for whom the waiver was made shall submit to the congressional intelligence committees the notification required under paragraph (1) relating to such waiver.

added “(d) Annual reports

added “(1) Requirement—On an annual basis, the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on covered special access programs administered by the head.

added “(2) Matters included—Each report shall include, with respect to the period covered by the report, the following:

added “(A) A list of all compartments and subcompartments of covered special access programs active as of the date of the report.

added “(B) A list of all compartments and subcompartments of covered special access programs terminated during the period covered by the report.

added “(C) With respect to the report submitted by the Director of National Intelligence, in addition to the matters specified in subparagraphs (A) and (B)—

added “(i) a certification regarding whether the creation, validation, or substantial modification, including termination, for all existing and proposed covered special access programs, and the compartments and subcompartments within each, are substantiated and justified based on the information required by clause (ii); and

added “(ii) for each certification—

added “(I) the rationale for the revalidation, validation, or substantial modification, including termination, of each covered special access program, compartment, and subcompartment;

added “(II) the identification of a control officer for each covered special access program; and

added “(III) a statement of protection requirements for each covered special access program.

added “(e) Covered special access program defined—In this section, the term “covered special access program” means a special access program that receives funding under the National Intelligence Program or the Military Intelligence Program, relates to an intelligence or intelligence-related activity, or both.”

removed “304. Requirements for certain employment activities by former intelligence officers and employees

removed “(a) Temporary restriction—An employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position during the 30-month period following the date on which the employee ceases to occupy a covered intelligence position.

removed “(b) Covered post-Service employment reporting

removed “(1) Requirement—During the 5-year period beginning on the date on which an employee ceases to occupy a covered intelligence position, the employee shall—

removed “(A) report covered post-service employment to the head of the element of the intelligence community that employed such employee in such covered intelligence position upon accepting such covered post-service employment; and

removed “(B) annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element.

removed “(2) Regulations—The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying a covered intelligence position to sign a written agreement requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1).

removed “(c) Penalties

removed “(1) Criminal penalties—A former employee who knowingly and willfully violates subsection (a) or who knowingly and willfully fails to make a required report under subsection (b) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. Each report under subsection (b) shall be subject to section 1001 of title 18, United States Code.

removed “(2) Security clearances—The head of an element of the intelligence community shall revoke the security clearance of a former employee if the former employee knowingly and willfully fails to make a required report under subsection (b) or knowingly and willfully makes a false report under such subsection.

removed “(d) Provision of information

removed “(1) Training—The head of each element of the intelligence community shall regularly provide training on the reporting requirements under subsection (b) to employees of that element who occupy a covered intelligence position.

removed “(2) Written notice—The head of each element of the intelligence community shall provide written notice of the reporting requirements under subsection (b) to an employee when the employee ceases to occupy a covered intelligence position.

removed “(e) Annual reports

removed “(1) Requirement—Not later than March 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on covered post-service employment occurring during the year covered by the report.

removed “(2) Elements—Each report under paragraph (1) shall include the following:

removed “(A) The number of former employees who occupy a covered post-service position, broken down by—

removed “(i) the name of the employer;

removed “(ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and

removed “(iii) the nature of the services provided as part of the covered post-service employment.

removed “(B) A certification by the Director that—

removed “(i) each element of the intelligence community maintains adequate systems and processes for ensuring that former employees are submitting reports required under subsection (b);

removed “(ii) to the knowledge of the heads of the elements of the intelligence community, all former employees who occupy a covered post-service position are in compliance with this section;

removed “(iii) the services provided by former employees who occupy a covered post-service position do not—

removed “(I) pose a current or future threat to the national security of the United States; or

removed “(II) pose a counterintelligence risk; and

removed “(iv) the Director and the heads of such elements are not aware of any credible information or reporting that any former employee who occupies a covered post-service position has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.

removed “(3) Form—Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

removed “(f) Notification—In addition to the annual reports under subsection (e), if a head of an element of the intelligence community determines that the services provided by a former employee who occupies a covered post-service position pose a threat or risk described in clause (iii) of paragraph (2)(B) of such subsection, or include activities described in clause (iv) of such paragraph, the head shall notify the congressional intelligence committees of such determination by not later than 7 days after making such determination. The notification shall include the following:

removed “(1) The name of the former employee.

removed “(2) The name of the employer.

removed “(3) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.

removed “(4) As applicable, a description of—

removed “(A) the risk to national security, the counterintelligence risk, or both; and

removed “(B) the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.

removed “(g) Definitions—In this section:

removed “(1) Covered intelligence position—The term covered intelligence position means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section.

removed “(2) Covered post-service employment—The term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to, national security, intelligence, the military, or internal security to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country.

removed “(3) Covered post-service position—The term covered post-service position means a position of employment described in paragraph (2).

removed “(4) Employee—The term employee, with respect to an employee occupying a covered intelligence position, includes an officer or official of an element of the intelligence community, a contractor of such an element, a detailee to such an element, or a member of the Armed Forces assigned to such an element.

removed “(5) Former employee—The term former employee means an individual—

removed “(A) who was an employee occupying a covered intelligence position; and

removed “(B) who is subject to the requirements under subsection (a) or (b).

removed “(6) Government of a foreign country—The term government of a foreign country has the meaning given the term in section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e)).”

changed Title I Paragraph (1) of section 504(a) of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) 3094(a)) is amended by inserting after section 116 the following new section (and conforming the table of contents at the beginning of such Act accordingly):to read as follows:

changed “116A. Authority “(1) those funds were specifically authorized by Congress for transportation of certain canines associated with force protection duties of use for such intelligence communityor intelligence-related activities; or”

removed “(a) Transportation—For purposes of section 1344 of title 31, United States Code, the transportation of federally owned canines associated with force protection duties of an element of the intelligence community between the residence of an officer or employee of the element and various locations that is essential for the performance of the force protection duty shall be deemed essential for the safe and efficient performance of intelligence duties.

removed “(b) Officers and employees covered—In the administration of section 1344 of title 31, United States Code, an officer or employee of an element of the intelligence community shall be treated as being listed in subsection (b).”

added Title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by inserting after section 1024 the following new section (and conforming the table of contents at the beginning of such Act accordingly):

added “1025. Authorization of support by Director of National Intelligence for certain workforce activities

added “(a) Authorization—The Director may, with or without reimbursement, obligate or expend amounts authorized to be appropriated or otherwise made available for the Office of the Director of National Intelligence for covered workforce activities for the purpose of supporting a covered workforce activity of an element of the intelligence community.

added “(b) Covered workforce activity defined—In this section, the term “covered workforce activity” means an activity relating to—

added “(1) recruitment or retention of the intelligence community workforce; or

added “(2) diversity, equality, inclusion, or accessibility, with respect to such workforce.”

added “(A) prevent”

added “(B) lead integration and mission management of all intelligence activities pertaining to biosecurity and foreign biological threats.”

added “(4) The Director of the National Counterproliferation and Biosecurity Center shall serve as the principal coordinator for the intelligence community, and as the principal advisor to the Director of National Intelligence, with respect to biosecurity and foreign biological threats.”

added “(1) Counterproliferation—In establishing”

added “(2) Biosecurity—In establishing the National Counterproliferation and Biosecurity Center, the President shall address the following missions and objectives to ensure that the Center serves as the lead for the intelligence community for the integration, mission management, and coordination of intelligence activities pertaining to biosecurity and foreign biological threats, regardless of origin:

added “(A) Ensuring that the elements of the intelligence community provide timely and effective warnings to the President and the Director of National Intelligence regarding emerging foreign biological threats, including diseases with pandemic potential.

added “(B) Overseeing and coordinating the collection and analysis of intelligence on biosecurity and foreign biological threats in support of the intelligence needs of the Federal departments and agencies responsible for public health, including by conveying collection priorities to elements of the intelligence community.

added “(C) Coordinating intelligence support to the Federal departments and agencies responsible for public health, including by ensuring that intelligence pertaining to biosecurity and foreign biological threats is disseminated among appropriately cleared personnel of such departments and agencies.

added “(D) Coordinating with the Federal departments and agencies responsible for public health to encourage information sharing with the intelligence community.

added “(E) Identifying gaps in the capabilities of the intelligence community regarding biosecurity and countering foreign biological threats and providing to the Director of National Intelligence recommended solutions for such gaps, including by encouraging research and development of new capabilities to counter foreign biological threats.”

removed The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by inserting after section 15 the following new section:

removed “15A. Protection of certain facilities and assets of Central Intelligence Agency from unmanned aircraft

removed “(a) Authority—In accordance with subsection (b), the Director shall have the same authority for the Agency as is available to the Secretary of Homeland Security for the Department of Homeland Security and the Attorney General for the Department of Justice under section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n), and shall be subject to the same limitations and requirements under such section.

removed “(b) Administration—For purposes of subsection (a)—

removed “(1) the reference in subsection (i) of section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) to “the date that is 4 years after the date of enactment of this section” shall be deemed to be a reference to “October 5, 2026”;

removed “(2) the term appropriate congressional committees as defined in paragraph (1) of subsection (k) of such section shall be deemed to mean the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and

removed “(3) the term covered facility or asset as defined in paragraph (3) of such subsection (k) shall be deemed to mean installations, property, and persons—

removed “(A) that are located in the United States;

removed “(B) for which the Director may provide protection pursuant to section 5(a)(4) or 15(a)(1) of this Act; and

removed “(C) that the Director identifies as high-risk and a potential target for unlawful unmanned aircraft activity.”

changed Section 1599h(b)(2)(A) 102A(f)(8) of title 10, United States Code, the National Security Act of 1947 (50 U.S.C. 3024(f)(8)) is amended—amended by striking “such other functions” and inserting “such other intelligence-related functions”.

changed Section 1642 102A of the National Defense Authorization Security Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2601), as of 1947 (50 U.S.C. 3024) is amended by section 1636 of adding at the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1748), is further amended—end the following new subsection:

added “(aa) Responsibility of Director of National Intelligence regarding National Intelligence Program budget concerning Federal Bureau of Investigation

added “(1) Consistent with subsection (c)(5)(C), the Director of National Intelligence shall, after consultation with the Director of the Federal Bureau of Investigation, ensure that the programs and activities of the Federal Bureau of Investigation that are part of the National Intelligence Program are executed in a manner that conforms with the requirements of the national intelligence strategy under section 108A and the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of such programs and activities).

added “(2) Consistent with subsection (c)(5)(C), the Director of National Intelligence shall ensure that the programs and activities that are part of the National Intelligence Program, including those of the Federal Bureau of Investigation, are structured and executed in a manner than enables budget traceability.”

removed “(a) Limitation on termination of dual-Hat arrangement—The Secretary of Defense may not terminate the dual-hat arrangement until the date on which the Secretary submits to the appropriate committees of Congress the certification under subsection (b)(1). The Secretary shall implement such termination by not later than the first day of the fiscal year following the fiscal year in which the Secretary submits such certification.

removed “(b) Annual submission of information—Together with the defense budget materials for fiscal year 2023, and annually thereafter until the termination of the dual-hat arrangement, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate committees of Congress a report containing either of the following:

removed “(1) A certification that the United States Cyber Command has met each of the following conditions:

removed “(A) Sufficient operational infrastructure has been deployed to meet the unique cyber mission needs of the United States Cyber Command.

removed “(B) Sufficient command and control systems and processes have been established for planning, deconflicting, and executing military cyber operations.

removed “(C) Capabilities have been established to enable intelligence collection and operational preparation of the environment for cyber operations consistent with the United States Cyber Command reaching full operational status.

removed “(D) Mechanisms have been established to train cyber operations personnel, test cyber capabilities, and rehearse cyber missions.

removed “(E) The United States Cyber Command has achieved full operational capability.

removed “(2) If the Secretary, in coordination with the Director, is not able to make the certification under paragraph (1)—

removed “(A) an identification of the items contained in the defense budget materials that are related to meeting the conditions specified in such paragraph; and

removed “(B) an assessment of the funding required to meet such conditions during the period covered by the future-years defense program under section 221 of title 10, United States Code.”

removed “(3) Defense budget materials—The term defense budget materials has the meaning given that term in section 231(f) of title 10, United States Code.”

added “(1) Requirement—Not later”

added “(2) Matters included—Each report under paragraph (1) shall include a description of any obstacles or gaps relating to—

added “(A) the Council fulfilling its duties and responsibilities under subsection (c); or

added “(B) the responsiveness of the intelligence community to the climate security needs and priorities of the policymaking elements of the Federal Government.”

The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by adding at the end the following new section:

“26. Compensation and professional standards for certain medical officers

“(a) Office of Medical Services—There is in the Agency an Office of Medical Services.

“(b) Compensation—Beginning not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2022, each medical officer of the Office of Medical Services who meets the qualifications under subsection (c) shall be compensated during a pay period pursuant to a pay range that is equal to the pay range published in the Federal Register pursuant to section 7431(e)(1)(C) of title 38, United States Code (for the corresponding pay period), for a physician in the Veterans Health Administration in the District of Columbia region with a medical subspecialty that is the equivalent of the medical subspecialty of the officer.

“(c) Clinical practice qualifications—A medical officer meets the qualifications under this subsection if the officer provides direct care services to patients in connection with the official duties of the officer and—

“(1) maintains current, active, full, and unrestricted licensure or registration as a physician from a State, the District of Columbia, or a commonwealth or territory of the United States;

“(2) holds active board certification and maintains accreditation in an American Board of Medical Specialties direct care clinical specialty; and

“(3) except as provided in subsection (d), maintains a minimum of 160 hours per year of clinical practice in an accredited clinic or hospital facility that is not affiliated with the Central Intelligence Agency.

changed “(d) Exception for overseas service—If a medical officer is a regional medical officer located in a duty station outside of the United States pursuant to a permanent change of station and greater than 50 percent of the official duties of the officer in such duty station involve direct patient care, the officer, in lieu of performing the minimum hours under subsection (c)(3) on an annual basis, may perform up to 480 hours of clinical practice as specified in such subsection prior to such change of station, to fulfil in advance the requirement under such subsection for up to 3 years.

“(e) Clinical practice hours—The head of the Office of Medical Services shall make available to medical officers excused absence time to allow for the maintenance of clinical practice hours in accordance with subsection (c)(3).”

“27. Medical advisory board

“(a) Establishment—The Director shall establish within the Agency a medical advisory board (in this section referred to as the “Board”).

“(b) Duties—The Board shall—

“(1) conduct a study on the Office of Medical Services of the Agency, and submit reports regarding such study, in accordance with subsection (c); and

“(2) upon request, provide advice and guidance in connection with any independent review of the Office conducted by an inspector general.

“(c) Study

“(1) Objectives—In conducting the study under subsection (b)(1), the Board shall seek to—

“(A) contribute to the modernization and reform of the Office of Medical Services;

“(B) ensure that the activities of the Office are of the highest professional quality; and

“(C) ensure that all medical care provided by the Office is provided in accordance with the highest professional medical standards.

“(2) Reports—The Board shall submit to the congressional intelligence committees, in writing—

“(A) interim reports on the study; and

“(B) a final report on the study, which shall—

“(i) set forth in detail the findings of the study and the recommendations of the Board, based on such findings and taking into consideration the objectives under paragraph (1), regarding any changes to the activities of the Office of Medical Services; and

“(ii) include, as applicable, any additional or dissenting views submitted by a member of the Board.

“(d) Membership

“(1) Number and appointment—The Board shall be composed of 11 members, appointed as follows:

“(A) 2 members appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives.

“(B) 2 members appointed by the ranking minority member of the Permanent Select Committee on Intelligence of the House of Representatives.

“(C) 2 members appointed by the Chairman of the Select Committee on Intelligence of the Senate.

“(D) 2 members appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate.

“(E) 3 members appointed by the Director of National Intelligence.

“(2) Chairperson—During the first meeting under subsection (e)(1), the members of the Board shall elect a Chairperson of the Board. In addition to meeting the criteria under paragraph (3), the Chairperson may not be an employee, or former employee, of the Agency.

“(3) Criteria—The members appointed under paragraph (1) shall meet the following criteria:

“(A) Each member shall be a recognized expert in at least 1 medical field, as demonstrated by appropriate credentials.

“(B) Each member shall possess significant and diverse medical experience, including clinical experience.

“(C) Each member shall hold a security clearance at the top secret level and be able to access sensitive compartmented information.

“(4) Terms

“(A) In general—Each member, including the Chairperson, shall be appointed or elected, as applicable, for the life of the Board.

“(B) Vacancies—Any vacancy in the Board occurring prior to the expiration of the term under subparagraph (A) shall be filled in the manner in which the original appointment or election was made.

“(5) Compensation and travel expenses

“(A) Compensation—Except as provided in subparagraph (B), each member of the Board, including the Chairperson, may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties under subsection (b).

“(B) Exception for Federal employees—Members of the Board, including the Chairperson, who are officers or employees of the United States shall receive no additional pay by reason of the service of the member on the Board.

“(C) Travel expenses—Each member of the Board, including the Chairperson, while away from the home or regular places of business of the member in the performance of services for the Board, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.

“(6) Detailees

“(A) In general—Upon request of the Board, the Director of National Intelligence may detail to the Board, without reimbursement from the Board, any of the personnel of the Office of the Director of National Intelligence to assist in carrying out the duties under subsection (b). Any such detailed personnel shall retain the rights, status, and privileges of the regular employment of the personnel without interruption.

“(B) Clearance—Any personnel detailed to the Board under subparagraph (A) shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.

“(e) Meetings

“(1) Board meetings—The Board shall meet not less frequently than on a quarterly basis.

“(2) Meetings with Congress—The Board shall meet with the congressional intelligence committees on a biannual basis.

“(f) Information access

“(1) In general—Except as provided in paragraph (2), the Board may secure directly from any department or agency of the United States Government information necessary to enable it to carry out the duties under subsection (b) and, upon request of the Chairperson of the Board, the head of that department or agency shall furnish such information to the Board.

“(2) Exception—The Director (without delegation) may deny a request for information made by the Board pursuant to paragraph (1), regardless of the agency from which such information is requested.

“(3) Notification requirement—If the Director denies a request under paragraph (2), not later than 15 days after the date of such denial, the Director shall submit to the congressional intelligence committees a written notification of such denial.

changed “(4) Briefings—The Director shall ensure that the Board receives comprehensive briefings on all activities of the Office, Office of Medical Services, including by promptly scheduling such briefings at the request of the Board.

“(g) Termination—The Board shall terminate on the date that is 5 years after the date of the first meeting of the Board.

“(h) Definitions—In this section, the terms “congressional intelligence committees” and “intelligence community” have the meanings given such terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”

removed Section 6610 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352e) is amended—

added Section 6610 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352e) is amended—

removed “1111. Annual reports on certain cyber vulnerabilities procured by intelligence community and foreign commercial providers of cyber vulnerabilities

removed “(a) Annual reports—On an annual basis through 2026, the Director of the Central Intelligence Agency and the Director of the National Security Agency, in coordination with the Director of National Intelligence, shall jointly submit to the congressional intelligence committees a report containing information on foreign commercial providers and the cyber vulnerabilities procured by the intelligence community through foreign commercial providers.

removed “(b) Elements—Each report under subsection (a) shall include, with respect to the period covered by the report, the following:

removed “(1) A description of each cyber vulnerability procured through a foreign commercial provider, including—

removed “(A) a description of the vulnerability;

removed “(B) the date of the procurement;

removed “(C) whether the procurement consisted of only that vulnerability or included other vulnerabilities;

removed “(D) the cost of the procurement;

removed “(E) the identity of the commercial provider and, if the commercial provider was not the original supplier of the vulnerability, a description of the original supplier;

removed “(F) the country of origin of the vulnerability; and

removed “(G) an assessment of the ability of the intelligence community to use the vulnerability, including whether such use will be operationally or for research and development, and the approximate timeline for such use.

removed “(2) An assessment of foreign commercial providers that—

removed “(A) pose a significant threat to the national security of the United States; or

removed “(B) have provided cyber vulnerabilities to any foreign government that—

removed “(i) has used the cyber vulnerabilities to target United States persons, the United States Government, journalists, or dissidents; or

removed “(ii) has an established pattern or practice of violating human rights or suppressing dissent.

removed “(3) An assessment of whether the intelligence community has conducted business with the foreign commercial providers identified under paragraph (2) during the 5-year period preceding the date of the report.

removed “(c) Form—Each report under subsection (a) may be submitted in classified form.

removed “(d) Definitions—In this section:

removed “(1) Commercial provider—The term commercial provider means any person that sells, or acts as a broker, for a cyber vulnerability.

removed “(2) Cyber vulnerability—The term cyber vulnerability means any tool, exploit, vulnerability, or code that is intended to compromise a device, network, or system, including such a tool, exploit, vulnerability, or code procured by the intelligence community for purposes of research and development.”

added “1111. Biennial reports on foreign biological threats

added “(a) Reports—On a biennial basis until the date that is 10 years after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.

added “(b) Matters included—Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:

added “(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.

added “(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.

added “(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).

added “(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.

added “(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.

added “(6) An assessment of foreign malign influence efforts relating to such threats, and a description of how the intelligence community contributes to efforts by non-intelligence community partners to counter such foreign malign influence.

added “(c) Form—Each report submitted under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary.

added “(d) Definitions—In this section:

added “(1) Covered country—The term “covered country” means—

added “(A) China;

added “(B) Iran;

added “(C) North Korea;

added “(D) Russia; and

added “(E) any other foreign country—

added “(i) from which the Director of National Intelligence determines a biological threat emanates; or

added “(ii) that the Director determines has a known history of, or has been assessed as having conditions present for, infectious disease outbreaks or epidemics.

added “(2) Foreign biological threat—The term “foreign biological threat” means biological warfare, bioterrorism, naturally occurring infectious diseases, or accidental exposures to biological materials, without regard to whether the threat originates from a state actor, a non-state actor, natural conditions, or an undetermined source.

added “(3) Foreign malign influence—The term “foreign malign influence” has the meaning given such term in section 119C(e).

added “(4) Non-intelligence community partner—The term “non-intelligence community partner” means a Federal department or agency that is not an element of the intelligence community.”

added “1112. Annual reports on the domestic activities of the intelligence community

added “(a) Reports—Not later than January 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report—

added “(1) identifying all domestic activities undertaken by each element of the intelligence community during the prior fiscal year; and

added “(2) for each activity identified under paragraph (1), a statement of the legal authority authorizing such activity to be undertaken.

added “(b) Form—Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.”

added “1113. Annual reports on certain cyber vulnerabilities procured by intelligence community and foreign commercial providers of cyber vulnerabilities

added “(a) Annual reports—On an annual basis through 2026, the Director of the Central Intelligence Agency and the Director of the National Security Agency, in coordination with the Director of National Intelligence, shall jointly submit to the congressional intelligence committees a report containing information on foreign commercial providers and the cyber vulnerabilities procured by the intelligence community through foreign commercial providers.

added “(b) Elements—Each report under subsection (a) shall include, with respect to the period covered by the report, the following:

added “(1) A description of each cyber vulnerability procured through a foreign commercial provider, including—

added “(A) a description of the vulnerability;

added “(B) the date of the procurement;

added “(C) whether the procurement consisted of only that vulnerability or included other vulnerabilities;

added “(D) the cost of the procurement;

added “(E) the identity of the commercial provider and, if the commercial provider was not the original supplier of the vulnerability, a description of the original supplier;

added “(F) the country of origin of the vulnerability; and

added “(G) an assessment of the ability of the intelligence community to use the vulnerability, including whether such use will be operational or for research and development, and the approximate timeline for such use.

added “(2) An assessment of foreign commercial providers that—

added “(A) pose a significant threat to the national security of the United States; or

added “(B) have provided cyber vulnerabilities to any foreign government that—

added “(i) has used the cyber vulnerabilities to target United States persons, the United States Government, journalists, or dissidents; or

added “(ii) has an established pattern or practice of violating human rights or suppressing dissent.

added “(3) An assessment of whether the intelligence community has conducted business with the foreign commercial providers identified under paragraph (2) during the 5-year period preceding the date of the report.

added “(c) Form—Each report under subsection (a) may be submitted in classified form.

added “(d) Definitions—In this section:

added “(1) Commercial provider—The term “commercial provider” means any person that sells, or acts as a broker, for a cyber vulnerability.

added “(2) Cyber vulnerability—The term “cyber vulnerability” means any tool, exploit, vulnerability, or code that is intended to compromise a device, network, or system, including such a tool, exploit, vulnerability, or code procured by the intelligence community for purposes of research and development.”

added Section 5704(c) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334b(c)) is amended—

added “(1) demographic data and information on the status of diversity and inclusion efforts of the intelligence community, including demographic data relating to—

added “(A) the average years of service;

added “(B) the average number of years of service for each level in the General Schedule, Senior Executive Service, Senior Intelligence Service, or equivalent; and

added “(C) career categories;”