SEC. 7001. Short Title.
This division may be cited as the “Intelligence Authorization Act for Fiscal Year 2024”.
Division G — Intelligence Authorization Act for Fiscal Year 2024
DIVISION G Intelligence Authorization Act for Fiscal Year 2024
SEC. 7002. Definitions.
In this division:
Congressional intelligence committees.— The term “congressional intelligence committees” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Intelligence community.— The term “intelligence community” has the meaning given such term in such section 3.
SEC. 7003. Explanatory Statement.
The explanatory statement regarding this division, printed in the House section of the Congressional Record by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives and in the Senate section of the Congressional Record by the Chairman of the Select Committee on Intelligence of the Senate, shall have the same effect with respect to the implementation of this division as if it were a joint explanatory statement of a committee of conference.
TITLE I Intelligence Activities
SEC. 7101. Authorization of Appropriations.
Funds are hereby authorized to be appropriated for fiscal year 2024 for the conduct of the intelligence and intelligence-related activities of the Federal Government.
SEC. 7102. Classified Schedule of Authorizations.
Specifications of Amounts.— The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this division.
Availability of Classified Schedule of Authorizations.—
Availability.— The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
Distribution by the president.— Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government.
Limits on disclosure.— The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
to the extent necessary to implement the budget; or
as otherwise required by law.
SEC. 7103. Intelligence Community Management Account.
Authorization of Appropriations.— There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2024 the sum of $645,900,000.
Classified Authorization of Appropriations.— In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2024 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a).
SEC. 7104. Increase in Employee Compensation and Benefits Authorized by Law.
Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
SEC. 7105. Restriction on Conduct of Intelligence Activities.
The authorization of appropriations by this division shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
TITLE II Central Intelligence Agency Retirement and Disability System
SEC. 7201. Authorization of Appropriations.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2024.
TITLE III Intelligence Community Matters
Subtitle A General Intelligence Community Matters
SEC. 7301. Plan to Recruit, Train, and Retain Personnel with Experience in Financial Intelligence and Emerging Technologies.
In General.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of human capital of the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan for the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft.
Elements.— The plan required by subsection (a) shall include the following elements:
An assessment, including measurable benchmarks of progress, of current initiatives of the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies.
An assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies.
An identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills, and an identification of hiring or other reforms to resolve such challenges.
A determination of whether the National Intelligence University has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies.
A strategy, including measurable benchmarks of progress, to, by January 1, 2025, increase the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies.
SEC. 7302. Policy and Performance Framework for Mobility of Intelligence Community Workforce.
In General.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Secretary of Defense and the Director of the Office of Personnel Management as the Director of National Intelligence considers appropriate, develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community.
Elements.— The policy and performance framework required by subsection (a) shall include processes with respect to the following:
Human resources.
Medical reviews.
Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).
SEC. 7303. Standards, Criteria, and Guidance for Counterintelligence Vulnerability Assessments and Surveys.
Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:
“(A) Counterintelligence vulnerability assessments and surveys.—To develop standards and criteria for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats.”
SEC. 7304. Improving Administration of Certain Post-Employment Restrictions for Intelligence Community.
Section 304(d) of the National Security Act of 1947 (50 U.S.C. 3073a(d)) is amended—
in paragraph (1), by inserting “ the restrictions under subsection (a) and” before “ the report requirements”;
in paragraph (2), by striking “ ceases to occupy” and inserting “ occupies”; and
in paragraph (3)(B), by striking “ before the person ceases to occupy a covered intelligence position” and inserting “ when the person occupies a covered intelligence position”.
SEC. 7305. Mission of the National Counterintelligence and Security Center.
In General.— Section 904 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383) is amended—
by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and
by inserting after subsection (c) the following:
“(d) Mission.—The mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities.”
Conforming Amendments.—
Counterintelligence enhancement act of 2002.— Section 904 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383) is amended—
in subsection (e), as redesignated by subsection (a)(1), by striking “ Subject to subsection (e)” both places it appears and inserting “ Subject to subsection (f)”; and
in subsection (f), as so redesignated—
in paragraph (1), by striking “ subsection (d)(1)” and inserting “ subsection (e)(1)”; and
in paragraph (2), by striking “ subsection (d)(2)” and inserting “ subsection (e)(2)”.
Counterintelligence and security enhancements act of 1994.— Section 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii)) is amended by striking “ section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))” and inserting “ section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2))”.
SEC. 7306. Budget Transparency on Costs of Implementation of Executive Order 13556.
The head of each element of the intelligence community shall provide a cost estimate for implementation of Executive Order 13556 (75 Fed. Reg. 68675; relating to controlled unclassified information), or any successor order, over the future years intelligence plan to the congressional intelligence committees not later than 30 days after the date on which the President submits to Congress a budget of the United States Government for fiscal year 2025 pursuant to section 1105(a) of title 31, United States Code.
SEC. 7307. Improvements Relating to Intelligence Community Staffing, Details, and Assignments.
Improvements Relating to Assignments and Details.— Section 102A(f)(3)(A) of the National Security Act of 1947 (50 U.S.C. 3024(f)(3)(A)) is amended—
in the matter preceding clause (i), by striking “ personnel policies” and inserting “ binding personnel policies”;
by amending clause (i) to read as follows:
“(i) require and facilitate assignments and details of personnel to national intelligence centers, and between elements of the intelligence community over the course of the careers of such personnel;”
; and
by amending clause (v) to read as follows:
“(v) require service in more than one element of the intelligence community as a condition of promotion to such positions within the intelligence community as the Director shall specify, and take requisite steps to ensure compliance among elements of the intelligence community; and”
Required Staffing Document for Office of Director of National Intelligence.—
Requirement.— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall establish, and thereafter shall update as necessary, a single document setting forth each position within the Office of the Director of National Intelligence, including any directorate, center, or office within such Office.
Elements.— The document under paragraph (1) shall include, with respect to each position set forth in the document, the following:
A description of the position.
The directorate, center, office, or other component of the Office of the Director of National Intelligence within which the position is.
The element of the intelligence community designated to fill the position, if applicable.
The requisite type and level of skills for the position, including any special skills or certifications required.
The requisite security clearance level for the position.
The pay grade for the position.
Any special pay or incentive pay payable for the position.
Integrated representation.— In establishing and filling the positions specified in paragraph (1), the Director of National Intelligence shall take such steps as may be necessary to ensure the integrated representation of officers and employees from the other elements of the intelligence community with respect to such positions.
SEC. 7308. Insider Threats.
Section 102A(f) of the National Security Act of 1947 (50 U.S.C. 3024(f)) is amended—
by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and
by inserting after paragraph (7) the following new paragraph (8):
“(8) The Director of National Intelligence shall—
“(A) conduct assessments and audits of the compliance of each element of the intelligence community with minimum insider threat policy;
“(B) receive information from each element of the intelligence community regarding the collection, sharing, and use by such element of audit and monitoring data for insider threat detection across all classified and unclassified information technology systems within such element;
“(C) provide guidance and oversight to Federal departments and agencies to fully implement automated records checks, consistent with personnel vetting reforms and the Trusted Workforce 2.0 initiative, or successor initiative, and ensure that information collected pursuant to such records checks is appropriately shared in support of intelligence community-wide insider threat initiatives;
“(D) carry out evaluations of the effectiveness of counterintelligence, security, and insider threat program activities of each element of the intelligence community, including with respect to the lowest organizational unit of each such element, that include an identification of any gaps, shortfalls, or resource needs of each such element;
“(E) identify gaps, shortfalls, resources needs, and recommendations for adjustments in allocations and additional resources and other remedies to strengthen counterintelligence, security, and insider threat detection programs;
“(F) pursuant to final damage assessments facilitated by the National Counterintelligence and Security Center that have been undertaken as a result of an unauthorized disclosure, determine whether the heads of the elements of the intelligence community implement recommended mitigation, and notify the congressional intelligence committees of such determinations and notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in cases involving elements of the intelligence community withing the Department of Defense; and
“(G) study the data collected during the course of background investigations and adjudications for security clearances granted to individuals who subsequently commit unauthorized disclosures, and issue findings regarding the quality of such data as a predictor for insider threat activity, delineated by the severity of the unauthorized disclosure.”
SEC. 7309. Modification of Deadline for Annual Submission of National Intelligence Priorities Framework.
Section 102A(p)(3) of the National Security Act of 1947 (50 U.S.C. 3024(p)(3)) is amended by striking “ October 1” and inserting “ March 1”.
SEC. 7310. Matters Relating to Chief Data Officers of Intelligence Community.
Prohibition on Simultaneous Service as Chief Data Officer and Chief Information Officer.— Section 103G of the National Security Act of 1947 (50 U.S.C. 3032) is amended by adding at the end the following new subsection:
“(d) Prohibition on Simultaneous Service as Chief Data Officer and Chief Information Officer.—An individual serving in the position of Chief Information Officer of the Intelligence Community or chief information officer of any other element of the intelligence community shall not concurrently serve as the Intelligence Community Chief Data Officer under section 103K and as the chief data officer of any other element of the intelligence community.”
Clarification of Duties of Intelligence Community Chief Data Officer.—
Clarification of data-related duties.— Section 103K(c)(4) of the National Security Act of 1947 (50 U.S.C. 3034b(c)(4)) is amended by inserting “ relating to data” after “ duties”.
Removal of unrelated duties and functions.— Not later than 90 days after the date of the enactment of this Act, consistent with section 103K(c) of the National Security Act of 1947 (50 U.S.C. 3034b(c)), as amended by paragraph (1), the Director of National Intelligence shall complete such internal reorganization of the Office of the Director of National Intelligence as the Director determines necessary to ensure that the duties of the Intelligence Community Chief Data Officer appointed under such section do not include any other duty that does not relate to an issue involving data.
Briefing.— Prior to the date on which the Director completes the reorganization under paragraph (2), the Director shall provide to the appropriate committees of Congress a briefing regarding—
the proposed reorganization; and
any other efforts of the Director to ensure that any future duties prescribed by the Director to be performed by the Intelligence Community Chief Data Officer pursuant to section 103K(c) of the National Security Act of 1947 (50 U.S.C. 3034b(c)), as amended by paragraph (1), relate exclusively to issues involving data, consistent with such section.
Reports.— Not later than 90 days after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to the appropriate committees of Congress a written report regarding the organizational and reporting structure for the chief data officer of that element, including an identification of whether such chief data officer reports to, or is otherwise subordinate to, the chief information officer of that element and, if so, the rationale for such organizational and reporting structure.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
SEC. 7311. Modification to Special Pay Authority for Science, Technology, Engineering, or Mathematics Positions.
in the section heading, by inserting “ and positions requiring banking or financial services expertise” after “ mathematics positions”;
in subsection (a)—
in the heading, by inserting “ or in Banking or Financial Services” after “ Mathematics”;
in paragraph (1), in the matter preceding subparagraph (A), by inserting “ or in banking or financial services (including expertise relating to critical financial infrastructure operations, capital markets, banking compliance programs, or international investments)” after “ or mathematics”;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph:
“(2) Limitation on number of recipients.—For each element of the intelligence community, the number of individuals serving in a position in such element who receive a higher rate of pay established or increased under paragraph (1) may not, at any time during a given fiscal year, exceed 50 individuals or 5 percent of the total number of full-time equivalent positions authorized for such element for the preceding fiscal year, whichever is greater.”
; and
in subsection (e), by striking “ the element” and inserting “ an element”.
Clerical Amendment.— The table of contents at the beginning of such Act is amended by striking the item relating to section 113B and inserting the following new item:
“Sec. 113B. Special pay authority for science, technology, engineering, or mathematics positions and positions requiring banking or financial services expertise.”.
Reports.— Not later than September 1 of each year until September 1, 2025, the head of each element of the intelligence community shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on any rates of pay established for such element under section 113B of such Act (50 U.S.C. 3049a), as amended by subsection (a), including—
a description of any rates of pay so established; and
an identification of the number of positions in such element that will be subject to such rates of pay during the subsequent fiscal year.
SEC. 7312. Annual Report on Unfunded Priorities of Intelligence Community.
Section 514(a) of the National Security Act of 1947 (50 U.S.C. 3113(a)) is amended by inserting “ prepare and” after “ each element of the intelligence community shall”.
SEC. 7313. Submission of Legislative Proposals.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the following new section (and conforming the table of contents at the beginning of such Act accordingly):
“SEC. 516. SUBMISSION OF LEGISLATIVE PROPOSALS.
“Not later than 45 days after the date on which the President submits to Congress the budget for each fiscal year pursuant to section 1105(a) of title 31, United States Code, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives any legislative provisions that are proposed by the Director to be enacted as part of the annual intelligence authorization bill for that fiscal year.”
SEC. 7314. Annual Report on Reporting Requirements.
In General.— Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end the following:
“SEC. 1114. ANNUAL REPORT ON REPORTING REQUIREMENTS.
“(a) Annual Report Required.—Not later than March 1 of each fiscal year, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report detailing all congressionally mandated reporting requirements applicable to Office of the Director of National Intelligence for the upcoming fiscal year.
“(b) Contents.—Each report submitted pursuant to subsection (a) shall include, for the fiscal year covered by the report and for each congressionally mandated reporting requirement detailed in the report:
“(1) A description of the reporting requirement.
“(2) A citation to the provision of law (or other source of congressional directive) imposing the reporting requirement.
“(3) Whether the reporting requirement is recurring, conditional, or subject to a termination provision.
“(4) Whether the Director recommends repealing or modifying the requirement.
“(c) Form.—Each report submitted pursuant to subsection (a) may be submitted in classified form.”
Clerical Amendment.— The table of contents for such Act is amended by adding at the end the following:
“Sec. 1114. Annual report on reporting requirements.”.
SEC. 7315. Notice and Damage Assessment with Respect to Significant Unauthorized Disclosure or Compromise of Classified National Intelligence.
Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by inserting after section 1105 the following new section (and conforming the table of contents at the beginning of such Act accordingly):
“SEC. 1105A. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT UNAUTHORIZED DISCLOSURE OR COMPROMISE OF CLASSIFIED NATIONAL INTELLIGENCE.
“(a) Notification and Damage Assessment Requirements.—
“(1) Requirements.—If the Director of National Intelligence becomes aware of an actual or potential significant unauthorized disclosure or compromise of classified national intelligence—
“(A) as soon as practicable, but not later than 7 days after the date on which the Director becomes so aware, the Director shall notify the congressional intelligence committees of such actual or potential disclosure or compromise; and
“(B) in the case of an actual disclosure or compromise, not later than 7 days after the date on which the Director becomes so aware, the Director or the head of any element of the intelligence community from which the significant unauthorized disclosure or compromise originated shall initiate a damage assessment consistent with the procedures set forth in Intelligence Community Directive 732 (relating to the conduct of damage assessments), or successor directive, with respect to such disclosure or compromise.
“(2) Contents of notification.—A notification submitted to the congressional intelligence committees under paragraph (1)(A) with respect to an actual or potential significant unauthorized disclosure or compromise of classified national intelligence shall include—
“(A) a summary of the facts and circumstances of such disclosure or compromise;
“(B) a summary of the contents of the national intelligence revealed or potentially revealed, as the case may be, by such disclosure or compromise;
“(C) an initial appraisal of the level of actual or potential damage, as the case may be, to the national security of the United States as a result of such disclosure or compromise; and
“(D) in the case of an actual disclosure or compromise, which elements of the intelligence community will be involved in the damage assessment conducted with respect to such disclosure or compromise pursuant to paragraph (1)(B).
“(b) Damage Assessment Reporting Requirements.—
“(1) Recurring reporting requirement.—Not later than 30 days after the date of the initiation of a damage assessment pursuant to subsection (a)(1)(B), and every 90 days thereafter until the completion of the damage assessment or upon the request of the congressional intelligence committees, the Director of National Intelligence shall—
“(A) submit to the congressional intelligence committees copies of any documents or materials disclosed as a result of the significant unauthorized disclosure or compromise of the classified national intelligence that is the subject of the damage assessment; and
“(B) provide to the congressional intelligence committees a briefing on such documents and materials and a status of the damage assessment.
“(2) Final damage assessment.—As soon as practicable after completing a damage assessment pursuant to subsection (a)(1)(B), the Director of National Intelligence shall submit the final damage assessment to the congressional intelligence committees.
“(c) Notification of Referral to Department of Justice.—If a referral is made to the Department of Justice from any element of the intelligence community regarding a significant unauthorized disclosure or compromise of classified national intelligence under this section, the Director of National Intelligence shall notify the congressional intelligence committees of the referral on the date such referral is made.”
SEC. 7316. In-State Tuition Rates for Certain Members of Intelligence Community.
In General.— Section 135(d) of the Higher Education Act of 1965 (20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign Service Families Act of 2021 (Public Law 117–81), is further amended—
in paragraph (1), by striking “ or” after the semicolon;
in paragraph (2), by striking the period at the end and inserting “ ; or”; and
by adding at the end the following new paragraph:
“(3) an officer or employee of an element of the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) who serves in a position of employment in such element for a period of more than 30 days.”
Effective Date.— The amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2024.
SEC. 7317. Repeal of Study on Personnel under Strategic Intelligence Partnership Program.
Section 6435 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 3533) is repealed (and conforming the table of contents in section 6001(b) accordingly).
SEC. 7318. Intelligence Community Counterintelligence Office at the Department of Agriculture.
Definitions.— In this section:
Department.— The term “Department” means the Department of Agriculture.
Secretary.— The term “Secretary” means the Secretary of Agriculture.
Repeal.— Section 415 of the Intelligence Authorization Act for Fiscal Year 2022 (Public Law 117–103; 28 U.S.C. 532 note) is repealed.
Establishment of Intelligence Community Counterintelligence Office.—
Agreement with secretary of agriculture.— The Director of National Intelligence, acting through the Director of the National Counterintelligence and Security Center, shall seek to enter into an agreement with the Secretary under which the Director of National Intelligence and the Secretary shall establish within the Department an office, which shall be known as the “Intelligence Community Counterintelligence Office”, in accordance with this section.
Location.— The Intelligence Community Counterintelligence Office established pursuant to this section shall be physically located within the headquarters of the Department and within reasonable proximity to the offices of the leadership of the Department.
Security.— The Director of the National Counterintelligence and Security Center shall be responsible for the protection of classified information and for the establishment and enforcement of all security-related controls within the Intelligence Community Counterintelligence Office.
Personnel.—
Director.—
Appointment.— There shall be at the head of the Intelligence Community Counterintelligence Office a Director who is appointed by the Director of National Intelligence. The Director of the Intelligence Community Counterintelligence Office shall—
be supervised and subject to performance evaluations by the Director of the National Counterintelligence and Security Center, in consultation with the Secretary;
be an employee of the intelligence community with significant counterintelligence experience; and
serve for a period of 3 years.
Responsibilities.— The Director of the Intelligence Community Counterintelligence Office shall carry out the following responsibilities:
Serving as the head of the Intelligence Community Counterintelligence Office, with supervisory responsibility for the Intelligence Community Counterintelligence Office and any other personnel assigned to the Intelligence Community Counterintelligence Office.
Advising the Secretary on counterintelligence and intelligence information.
Ensuring that counterintelligence threat information and, as appropriate, finished intelligence on topics related to the functions of the Department, are provided to appropriate personnel of the department or agency without delay.
Ensuring critical intelligence relevant to the Secretary is requested and disseminated in a timely manner.
Establishing, as appropriate, mechanisms for collaboration through which Department subject matter experts, including those without security clearances, can share information and expertise with the intelligence community.
Correlating and evaluating counterintelligence threats identified within intelligence community reporting, in coordination with the National Counterintelligence and Security Center, and providing appropriate dissemination of such intelligence to officials of the Department with a need-to-know.
Advising the Secretary on methods to improve the counterintelligence posture of the Department.
Where appropriate, supporting the Department’s leadership in engaging with the National Security Council.
In coordination with the National Counterintelligence and Security Center, establishing counterintelligence partnerships to improve the counterintelligence defense of the Department.
Deputy director.— There shall be within the Intelligence Community Counterintelligence Office a Deputy Director who is appointed by the Secretary, in coordination with the Director of National Intelligence. The Deputy Director shall—
be supervised and subject to performance evaluations by the Secretary, in consultation with the Director of the National Counterintelligence and Security Center;
be a current or former employee of the Department with significant experience within the Department; and
serve at the pleasure of the Secretary.
Other employees.—
Joint duty assignment.— There shall be within the Intelligence Community Counterintelligence Office such other employees as the Director of National Intelligence, in consultation with the Secretary, determines appropriate. Employment at the Intelligence Community Counterintelligence Office is an intelligence community joint duty assignment. A permanent change of station to the Intelligence Community Counterintelligence Office shall be for a period of not less than 2 years.
Supervision.— The Director of the Intelligence Community Counterintelligence Office shall be responsible for the supervision and management of employees assigned to the Intelligence Community Counterintelligence Office, including employees assigned by program elements of the intelligence community and other Federal departments and agencies, as appropriate.
Joint duty or assigned personnel reimbursement.— The Director of National Intelligence shall reimburse a program element of the intelligence community or a Federal department or agency for any permanent change of station employee assigned to the Intelligence Community Counterintelligence Office from amounts authorized to be appropriated for the Office of the Director of National Intelligence.
Operation under authority of director of national intelligence.— Employees assigned to the Intelligence Community Counterintelligence Office under this paragraph shall operate under the authorities of the Director of National Intelligence for the duration of their assignment or period of employment within the Intelligence Community Counterintelligence Office, except for temporary duty assignment employees.
Incentive pay.—
In general.— An employee who accepts employment at the Intelligence Community Counterintelligence Office during the 120-day period after the date of the establishment of the Intelligence Community Counterintelligence Office shall receive an incentive payment, which shall be payable by the Director of National Intelligence, in an amount equal to 10 percent of the base annual pay of the employee. Such an employee who completes 2 years of service in the Intelligence Community Counterintelligence Office may receive an incentive payment in an amount equal to 10 percent of the base annual pay of the employee if the Director of the Intelligence Community Counterintelligence Office determines the performance of the employee is exceptional.
Eligibility.— An employee is only eligible for an incentive payment under clause (i) if the employee enters into an agreement with the Director of National Intelligence to serve in the Intelligence Community Counterintelligence Office for a period of at least 2 years.
Funding.— To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director of National Intelligence may expend such sums as are authorized within the National Intelligence Program of the Office of the Director of National Intelligence for—
the renovation, furnishing, and equipping of a Federal building, as necessary, to meet the security and operational requirements of the Intelligence Community Counterintelligence Office;
the provision of connectivity to the Intelligence Community Counterintelligence Office to enable briefings, secure audio and video communications, and collaboration between employees of the Department and the intelligence community at the unclassified, secret, and top secret levels;
the provision of other information technology systems and devices, such as computers, printers, and phones, for use by employees of the Intelligence Community Counterintelligence Office;
the assignment of employees of the intelligence community to support the operation of the Intelligence Community Counterintelligence Office; and
the provision of other personal services necessary for the operation of the Intelligence Community Counterintelligence Office.
Deadline for Establishment of the Intelligence Community Counterintelligence Office.—
Establishment.— Not later than January 1, 2025, the Director of National Intelligence shall seek to establish, in accordance with this section, the Intelligence Community Counterintelligence Office within the Department.
Report.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the plan to establish the Intelligence Community Counterintelligence Office required under paragraph (1). Such report shall include the costs and schedule associated with establishing the Intelligence Community Counterintelligence Office.
SEC. 7319. Sunset of Climate Security Advisory Council.
Section 120(e) of the National Security Act of 1947 (50 U.S.C. 3060(e)) is amended by striking “ December 31, 2025” and inserting “ December 31, 2024”.
SEC. 7320. Inclusion of Counternarcotics as Special Topic in Certain Budget Justification Materials.
Inclusion of Counternarcotics as Special Topic.— For the purposes of the congressional budget justification book for the National Intelligence Program (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) for each of fiscal years 2025 through 2027, and for any subsequent fiscal year as the Director of National Intelligence determines appropriate, information with respect to the aggregate amount of funding requested for counternarcotics required to be included as part of the budget justification materials submitted to Congress under section 506(a)(3) of such Act shall be included as a provision relating to a special topic in such congressional budget justification book.
Contents.— With respect to a fiscal year, the special topic provision included in the congressional budget justification book pursuant to subsection (a) regarding the aggregate amount of funding requested for counternarcotics shall include—
a summary of the main activities and investments that such requested funding would support;
a breakdown of such requested funding by program, budget category, intelligence discipline, and any other appropriate classification;
a comparison of aggregate requested funding and aggregate enacted funding for counternarcotics for the current fiscal year and the previous fiscal year;
the number of full-time equivalent civilian and military personnel assigned to the counternarcotics mission of the intelligence community; and
such other information as the Director of National Intelligence determines appropriate.
SEC. 7321. Development of Plan to Make Open-Source Intelligence Products Available to Certain Federal Employees.
Plan Requirement.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with such heads of the elements of the intelligence community as the Director considers appropriate, shall develop and submit to the appropriate committees of Congress a plan to make available to covered individuals any covered open-source intelligence product.
Elements.— The plan required under subsection (a) shall include the following:
Policies and procedures to make available to covered individuals any covered open-source intelligence product in a manner consistent with the protection of intelligence sources and methods.
Policies and procedures to increase the availability and accessibility to covered individuals of publicly available foreign language material that is translated by or within the intelligence community.
Policies and procedures to ensure that the head of each element of the intelligence community that produces any covered open-source intelligence product complies with all policies and procedures issued to implement the plan submitted under subsection (a).
Policies and procedures to ensure that any covered open-source intelligence product that is made available to covered individuals satisfies the requirements under any policy, procedure, or standard issued by the head of an element of the intelligence community relating to the production and dissemination of intelligence products.
Any obstacles to making available to covered individuals unclassified products derived from open-source intelligence produced by the intelligence community, including translated foreign language material described in paragraph (2).
With respect to implementation of the plan, a discussion of the estimated timeline, any additional funding or other resources, and any new authorities that would be required for such implementation.
A discussion of the feasibility and advisability of making unclassified products derived from open-source intelligence produced by the intelligence community available to State and local government officials who would derive value from such unclassified products.
Policies and procedures relating to the dissemination of United States person information contained in covered open-source intelligence products.
Form.— The plan required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Intelligence Community Directive With Respect to Open-source Intelligence.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall update Intelligence Community Directive 208, Maximizing the Utility of Analytic Products (or any successor directive) to specifically address—
the production and dissemination of unclassified intelligence products derived entirely from open-source intelligence, including from unclassified publicly available information, unclassified commercially available information, or any other type of unclassified information; and
the needs and requirements of covered individuals who do not hold a security clearance or have access to the classified systems on which such unclassified intelligence products reside.
Definitions.— In this section:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and
the Committee on Oversight and Accountability, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
Covered individual.— The term “covered individual” means an employee of the Federal Government—
who is not an employee or contractor of an element of the intelligence community; and
who would derive value from a covered open-source intelligence product.
Covered open-source intelligence product.— The term “covered open-source intelligence product” means an unclassified product derived from open-source intelligence that is produced by the intelligence community.
SEC. 7322. Intelligence Community-Wide Policy on Prepublication Review.
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall issue, and submit to the congressional intelligence committees, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate, and the Committee on the Judiciary, the Committee on Oversight and Accountability, and the Committee on Appropriations of the House of Representatives, an intelligence community-wide policy regarding prepublication review.
SEC. 7323. Review Relating to Confidential Human Source Program of Federal Bureau of Investigation.
Review.— The Inspector General of the Intelligence Community, in coordination with the Inspector General of the Department of Justice, shall conduct a review of the policies and procedures governing the confidential human source program of the Federal Bureau of Investigation (in this section referred to as the “program)” and the compliance by the Federal Bureau of Investigation with such policies and procedures, including—
the policy of the Department of Justice titled “The Attorney General’s Guidelines Regarding the Use of FBI Confidential Sources” (or successor policy); and
Intelligence Community Directive 304 (or successor directive).
Elements.— The review under subsection (a) shall include the following:
An assessment of the compliance by the Federal Bureau of Investigation with the policies and procedures governing the program, including with respect to the management and validation of confidential human sources under such program.
An assessment of the means by which the Federal Bureau of Investigation conducts risk assessments relating to the continual validation of long-term confidential human sources under the program.
An assessment of the timeliness and completion rates of the reviews of confidential human sources under the program.
An identification of the data points assessed by the Federal Bureau of Investigation during such reviews and the State and local databases used in conducting such reviews.
A list containing an identification of each incident of noncompliance with a policy or procedure specified in paragraph (1).
Submission.— Not later than 90 days after the date on which the review under subsection (a) is completed, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees, the Committee on the Judiciary and the Committee on Appropriations of the Senate, and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report containing the results of such review.
SEC. 7324. Prohibition on Availability of Funds for Certain Activities and Assessment of the Overt Human Intelligence and Open Source Intelligence Collection Programs of the Office of Intelligence and Analysis of the Department of Homeland Security.
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means the following:
The congressional intelligence committees.
The Committee on Homeland Security and Governmental Affairs of the Senate.
The Committee on Homeland Security of the House of Representatives.
Covered activity.— The term “covered activity” means—
with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with any individual, including a United States person, who has been criminally charged, arraigned, or taken into the custody of a Federal, State, or local law enforcement agency, but whose guilt with respect to such criminal matters has not yet been adjudicated, unless the Office of Intelligence and Analysis has obtained the consent of the interviewee following consultation with counsel;
with respect to either the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, any collection targeting journalists in the performance of their journalistic functions; and
with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with a United States person where the Office of Intelligence and Analysis lacks a reasonable belief based on facts and circumstances that the United States person may possess significant foreign intelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
Overt human intelligence collection program.— The term “Overt Human Intelligence Collection Program” means the program established by the Under Secretary of Homeland Security for Intelligence and Analysis pursuant to Policy Instruction 907 of the Office of Intelligence and Analysis, issued on June 29, 2016, or any successor program.
Open source intelligence collection program.— The term “Open Source Collection Intelligence Program” means the program established by the Under Secretary of Homeland Security for Intelligence and Analysis for the purpose of collecting intelligence and information for potential production and reporting in the form of Open Source Information Reports as reflected in Policy Instruction 900 of the Office of Intelligence and Analysis, issued on January 13, 2015, or any successor program.
United states person.— The term “United States person” means—
a United States citizen;
an alien known by the Office of Intelligence and Analysis to be a permanent resident alien;
an unincorporated association substantially composed of United States citizens or permanent resident aliens; or
a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
United states person information (uspi).— The term “United States person information”—
means information that is reasonably likely to identify 1 or more specific United States persons; and
may be either a single item of information or information that, when combined with other available information, is reasonably likely to identify one or more specific United States persons.
Prohibition on Availability of Funds for Covered Activities of Overt Human Intelligence Collection Program and Open Source Intelligence Collection Program.— None of the funds authorized to be appropriated by this division may be made available to the Office of Intelligence and Analysis of the Department of Homeland Security to conduct a covered activity.
Limitation on Personnel.— None of the funds authorized to be appropriated by this division may be used by the Office of Intelligence and Analysis of the Department of Homeland Security to increase, above the staffing level in effect on the day before the date of the enactment of this Act, the number of personnel assigned to the Open Source Intelligence Division who work exclusively or predominantly on domestic terrorism issues.
Inspector General of the Intelligence Community Assessment of Overt Human Intelligence Collection Program and Open Source Intelligence Collection Program.—
Requirement.— The Inspector General of the Intelligence Community shall conduct an assessment of the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program.
Elements.— The assessment under paragraph (1) shall include findings and, as the Inspector General considers appropriate, recommendations on the following:
Whether the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program are legally authorized, and if so, an identification of the legal authorities.
Whether, and to what extent, such programs have provided valuable insights on national intelligence priorities and intelligence priorities of the Department of Homeland Security, citing specific examples of such insights at the appropriate classification level.
Whether there is sufficient training provided to, and sufficient oversight provided of, personnel of the Office of Intelligence and Analysis of the Department of Homeland Security who conduct intelligence collection under such programs.
Whether the responsibilities and requirements for such programs set forth in the relevant policy instructions, intelligence oversight guidelines, and other governing documents or standard operating procedures of the Office of Intelligence and Analysis, particularly as they relate to the obligation to safeguard the privacy, civil liberties, and civil rights of United States persons, are adequate, appropriate, and consistently adhered to by such personnel.
Whether such programs raise or have raised legal, ethical, or operational concerns, including concerns relating to the actual or potential violation of any applicable policies or procedures for protecting the constitutional or statutory rights of United States persons.
Whether other Federal agencies, such as the Federal Bureau of Investigation, conduct similar programs and, if so, a comparison of any similarities and differences between the respective programs.
With respect to non-analytic intelligence reports produced by the Office of Intelligence and Analysis derived in whole or in part from such programs, whether such reports appropriately minimize United States person information and use press reporting in an appropriate manner.
With respect to the Open Source Intelligence Collection Program, whether such program is effective at identifying threats directed against the United States, including true threats, incitement to violence, and malign cyber activity.
Whether there have been any identified instances in which State, local, territorial, or Tribal government agencies have used, or sought to use, the Office of Intelligence and Analysis as an instrument to introduce political or politicized information into the national intelligence collection and reporting stream.
Any other matter the Inspector General of the Intelligence Community determines appropriate.
Briefing.— Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall provide to the appropriate congressional committees a briefing on the preliminary findings and recommendations of the Inspector General with respect to the assessment under paragraph (1).
Report.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the appropriate congressional committees a report containing the findings and recommendations of the Inspector General with respect to the assessment under paragraph (1).
Form.— The report submitted pursuant to subparagraph (A) shall be submitted under that subparagraph in unclassified form, but may include a classified annex.
Quarterly briefings.— The Under Secretary of Homeland Security for Intelligence and Analysis shall, not less than once per quarter, provide to the appropriate congressional committees a briefing on the intelligence collection activities of the Office of Intelligence and Analysis. These briefings shall include—
a description of any new activities, initiatives, or efforts undertaken pursuant to the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program;
a description of any new policies, procedures, or guidance concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program;
a description of any compliance-related inquiries, investigations, reviews, checks, or audits initiated concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, as well as an update on the outcome or status of any preexisting inquiries, investigations, reviews, checks, or audits concerning these programs;
a comparison of the volume of intelligence and information collected on United States persons by the Office and used in finished intelligence products produced by the Office with the volume of intelligence or information on United States persons that is—
collected by State, local, and Tribal territory governments, the private sector, and other components of the Department of Homeland Security;
provided directly or indirectly to the Office; and
used in finished intelligence products produced by the Office; and
information on the reports and products issued by the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program for the quarter covered by the briefing, which shall reflect—
the number of reports and products issued by each program;
the number of reports and products issued by type or format of the report or product;
the number of reports and products based on information provided by representatives of Federal, foreign or international, State, local, Tribal, territorial, or private sector entities, respectively, and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons;
the number of reports and products based on information provided by individuals in administrative custody and, within that number, the number of reports or products based on information provided by known or presumed United States persons;
the number of reports and products based on information provided by confidential informants and, within that number, the number of reports or products based on information provided by known or presumed United States persons;
the number of reports and products supporting different national or departmental missions and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons; and
the number of reports and products identifying United States persons.
Rules of Construction.—
Effect on other intelligence oversight.— Nothing in this section shall be construed as limiting or superseding the authority of any official within the Department of Homeland Security to conduct legal, privacy, civil rights, or civil liberties oversight of the intelligence activities of the Office of Intelligence and Analysis.
Sharing and receiving intelligence information.— Nothing in this section shall be construed to prohibit, or to limit the authority of, personnel of the Office of Intelligence and Analysis from sharing intelligence information with, or receiving information from—
foreign, State, local, Tribal, or territorial governments (or any agency or subdivision thereof);
the private sector; or
other elements of the Federal government, including the components of the Department of Homeland Security.
SEC. 7325. Sense of Congress on Priority of Fentanyl in National Intelligence Priorities Framework.
It is the sense of Congress that the trafficking of illicit fentanyl, including precursor chemicals and manufacturing equipment associated with illicit fentanyl production and organizations that traffic or finance the trafficking of illicit fentanyl, originating from the People’s Republic of China and Mexico should be among the highest priorities in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence.
SEC. 7326. Reports on Civilian Casualties Caused by Certain Operations of Foreign Governments.
Annual Reports.— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 2 years, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and, consistent with the protection of intelligence sources and methods, the Foreign Relations Committee of the Senate and the Foreign Affairs Committee of the House of Representatives, a report on civilian casualties caused by covered operations.
Elements.— Each report under subsection (a) shall include, for the year covered by the report, each of the following:
A list identifying each covered operation during that year that has resulted in civilian casualties that the Director of National Intelligence has confirmed.
An identification of the total number of civilian casualties resulting from covered operations during that year that the Director of National Intelligence has confirmed.
For each covered operation identified in the list under paragraph (1), an identification of the following:
The date on which, and the location where, the covered operation occurred.
The element of the foreign government that conducted the covered operation.
The individual or entity against which the covered operation was directed.
Any other circumstances or facts that the Director of National Intelligence determines relevant.
Form.— Each report required under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary.
Covered Operation Defined.— In this section, the term “covered operation” means an operation—
conducted by a foreign government;
involving the use of force; and
in which intelligence shared by an element of the intelligence community plays a significant role.
SEC. 7327. Modification and Repeal of Reporting Requirements.
Modification of Frequency of Whistleblower Notifications to Inspector General of the Intelligence Community.— Section 5334(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116–92; 50 U.S.C. 3033 note) is amended by striking “ in near real time” and inserting “ monthly”.
Repeal of Requirement for Inspectors General Reviews of Enhanced Personnel Security Programs.—
by striking subsection (d); and
by redesignating subsection (e) as subsection (d).
Technical corrections.— Subsection (d) of section 11001 of such title, as redesignated by paragraph (1)(B), is amended—
in paragraph (3), by adding “ and” after the semicolon at the end; and
in paragraph (4), by striking “ ; and” and inserting a period.
Repeal of Congressional Notification Requirement for Degree-granting Authority of the National Intelligence University.— Section 1032(c) of the National Security Act of 1947 (50 U.S.C. 3225a(c)) is repealed.
Repeal of Requirement for Director of National Intelligence to Update List Identifying Online Violent Extremist Content.— Section 403(b) of the Intelligence Authorization Act for Fiscal Year 2017 (50 U.S.C. 3368(b)) is amended by striking “ or more frequently as needed” and inserting “ until the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024”.
Repeal of Requirement for Annual Report on Illicit Financing of Espionage and Foreign Influence Operations.— Section 5722(d) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116–92; 133 Stat. 2176) is amended—
in the heading, by striking “ Reports” and inserting “ Report”;
in the heading of paragraph (1), by striking “ Initial report” and inserting “ In general”;
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and
in paragraph (2), as so redesignated, by striking “ Each report” and inserting “ The report”.
Subtitle B Central Intelligence Agency
SEC. 7331. Change to Penalties and Increased Availability of Mental Health Treatment for Unlawful Conduct on Central Intelligence Agency Installations.
Section 15(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3515(b)) is amended, in the second sentence, by striking “ those specified in section 1315(c)(2) of title 40, United States Code” and inserting “ the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18, United States Code”.
SEC. 7332. Modifications to Procurement Authorities of the Central Intelligence Agency.
Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3503) is amended—
in subsection (a), by striking “ sections” and all that follows through “ session)” and inserting “ sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10, United States Code” and
in subsection (d), by striking “ in paragraphs” and all that follows through “ 1947” and inserting “ in sections 3201 through 3204 of title 10, United States Code, shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10, United States Code”.
SEC. 7333. Inspector General of the Central Intelligence Agency Quarterly Employee Engagement Summaries.
Definition of Appropriate Congressional Committees.— In this section, the term “appropriate congressional committees” means—
the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
In General.— Not later than 30 days after the last day of the first full fiscal quarter beginning after the date of the enactment of this Act and not later than 30 days after the last day of each fiscal quarter thereafter until the last fiscal quarter of fiscal year 2027, the Inspector General of the Central Intelligence Agency shall submit to the appropriate congressional committees a summary of the engagement of employees of the Central Intelligence Agency with the Inspector General during that quarter.
Contents.— Each summary submitted pursuant to subsection (b) shall include each of the following for the quarter covered by the summary:
The total number of reports filed with the Inspector General by employees of the Agency.
An identification of the nature of the allegation made in each such report, such as—
fraud, waste, and abuse;
harassment or other personnel issues;
questionable intelligence activities; or
threats to health and safety.
For each such report—
whether an investigation was initiated because of the report;
for any such investigation, whether the status of the investigation is initiated, in progress, or complete; and
for any completed investigation, whether the allegation made in the report was found to be substantiated or unsubstantiated, and whether any recommendations or criminal referrals were made as a result.
A copy of any audit, assessment, inspection, or other final report completed by the Inspector General during the quarter covered by the summary.
SEC. 7334. Benjamin Tallmadge Institute as Primary Central Intelligence Agency Entity for Education and Training in Counterintelligence.
In General.— The Director of the Central Intelligence Agency shall maintain the Benjamin Tallmadge Institute as the primary entity within the Central Intelligence Agency for education and training related to all aspects of counterintelligence.
Responsibilities of Director.— The Director of the Central Intelligence Agency shall—
ensure the Institute is fully and properly organized and has the resources necessary to provide counterintelligence education and training for all career fields within the Agency, including specialized certifications for Agency counterintelligence personnel;
develop appropriate certification courses that are designed to educate, train, and certify Agency personnel in—
counterintelligence threats, insider threats, and other counterintelligence processes and issues;
the conduct and support of counterintelligence inquiries and investigations;
relevant skills necessary for coordination with Federal law enforcement; and
any other skills as the Director determines necessary;
identify and designate specific positions for which an individual shall be required to have a certification described in paragraph (2) prior to filling such a position; and
develop necessary infrastructure and capacity to support the availability of courses under subsection (c) to increase participation by personnel from other components of the intelligence community in the courses offered by the Institute.
Training and Familiarization Courses.—
In general.— The head of the Institute shall—
develop training and familiarization courses at different classification levels, including courses at an unclassified level; and
offer instruction in the courses developed under subparagraph (A) or make training curricula available to other intelligence community components, as appropriate, to support outreach efforts.
Availability of courses.— The training and familiarization courses developed under paragraph (1) shall be made available to any of the following that have a need and appropriate clearance, as determined by the Director of the National Counterintelligence and Security Center in consultation with the Director of the Central Intelligence Agency, for a general education on counterintelligence threats, briefings on specific topics, or other training related to counterintelligence:
Federal departments and agencies that are not elements of the intelligence community.
State, local, and Tribal governments.
Private sector entities.
Such other personnel and entities as appropriate.
Baseline Certification Course.—
In general.— The Institute shall develop, in coordination with the National Counterintelligence and Security Center and the Defense Intelligence Agency, and implement a baseline certification course for all counterintelligence career professionals that aligns the minimum certification requirements of the course and the Defense Counterintelligence Agent Course of the Joint Counterintelligence Training Activity.
Availability of course.— The baseline certification course developed under paragraph (1) shall be made available, on a space-available basis, to all intelligence community professionals and appropriate personnel with appropriate security clearance from any other agency, committee, commission, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.
SEC. 7335. Central Intelligence Agency Intelligence Assessment of Sinaloa Cartel and Jalisco Cartel.
Assessment.— Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency, in consultation with the heads of the other elements of the intelligence community that the Director determines appropriate, shall submit to the appropriate committees of Congress an intelligence assessment on the transnational criminal organizations known as the Sinaloa Cartel and the Jalisco Cartel.
Elements.— The intelligence assessment under subsection (a) shall include, with respect to each transnational criminal organization specified in such subsection, a description of the following:
The key leaders, organizational structure, subgroups, presence in the states within Mexico, and cross-border illicit drug smuggling routes of the transnational criminal organization.
The practices used by the transnational criminal organization to import the chemicals used to make synthetic drugs, to produce such drugs, and to smuggle such drugs across the border into the United States.
The main suppliers and the main brokers that supply the transnational criminal organization with precursor chemicals and equipment used in the production of synthetic drugs.
The manner in which the transnational criminal organization is tailoring the fentanyl products of such organization to attract a wider variety of United States consumers, including unwitting users.
The degree to which the transnational criminal organization is using human and technical operations to undermine counternarcotics efforts by United States and Mexican security services.
An estimate of the annual revenue received by the transnational criminal organization from the sale of illicit drugs, disaggregated by drug type.
Any other information the Director of the Central Intelligence Agency determines relevant.
Form.— The intelligence assessment under subsection (a) may be submitted in classified form.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
SEC. 7336. Central Intelligence Agency Intelligence Assessment with Respect to Efforts by People’s Republic of China to Increase Influence in Middle East.
Assessment.— Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency, in consultation with such heads of the other elements of the intelligence community that the Director of National Intelligence determines appropriate, shall submit to the appropriate congressional committees an intelligence assessment on efforts by the People’s Republic of China to increase its influence, through overt or covert means, with respect to the political, military, economic, or other policies or activities of governments of countries and territories in the Middle East in ways that are detrimental to the national security interests of the United States.
Elements.— The intelligence assessment required under subsection (a) shall include the following:
A summary of the key relationships that the People’s Republic of China has developed, or is seeking to develop, with countries and territories in the Middle East, and the national security objectives that the People’s Republic of China intends to advance through such established or emerging relationships.
A description of the relationship between the People’s Republic of China and Iran, including in the areas of security cooperation and intelligence sharing.
An identification of the countries and territories in the Middle East in which the People’s Republic of China has established, or is seeking to establish, a military or intelligence presence or military or intelligence partnerships.
An assessment of how the People’s Republic of China seeks to weaken the role, influence, and relationships of the United States with respect to countries and territories in the Middle East, including through the Global Security Initiative of the People’s Republic of China, including through commercial engagements and agreements with state-owned enterprises of the People’s Republic of China.
An analysis of whether, and to what degree, efforts by the People’s Republic of China to increase its influence among countries and territories in the Middle East are designed to support the broader strategic interests of the People’s Republic of China, including with respect to Taiwan.
Form.— The intelligence assessment required under subsection (a) may be submitted in classified form.
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means the following:
The congressional intelligence committees.
The Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
The Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives.
Countries and territories in the middle east.— The term “countries and territories in the Middle East” means—
Algeria;
Bahrain;
Egypt;
Iran;
Iraq;
Israel;
Jordan;
Kuwait;
Lebanon;
Libya;
Morocco;
Oman;
the Palestinian territories;
Qatar;
Saudi Arabia;
Syria;
Tunisia;
the United Arab Emirates; and
Yemen.
SEC. 7337. Assessment of Availability of Mental Health and Chaplain Services to Agency Employees.
Assessment.— The Director of the Central Intelligence Agency shall conduct an assessment on the availability of the services of mental health professionals and chaplains with appropriate security clearances to employees of the Agency. Such assessment shall include—
an evaluation of the current availability of and demand for such services globally;
an assessment of the feasibility of expanding the availability of such services;
information, including a detailed schedule and cost estimate, as to what would be required to increase the availability of such services for Agency employees located in the United States and abroad; and
information on the feasibility and advisability of requiring that each employee returning from a high risk or high threat tour, as designated by the Director, access the services of a mental health professional, chaplain, or both, at the option of the employee.
Report.— Not later than 210 days after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees a report on the assessment required by subsection (a).
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and
the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
Chaplain.— The term “chaplain” means a member of the Chaplain Corps, as established under section 26 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3527), whom the Director has certified as meeting common standards for professional chaplaincy and board certification by a national chaplaincy and pastoral care organization or equivalent.
Mental health professional.— The term “mental health professional” means an appropriately trained and certified professional counselor, medical professional, psychologist, psychiatrist, or other appropriate employee, as determined by the Director.
SEC. 7338. Assessment by Director of Central Intelligence Agency on Certain Effects of Abraham Accords.
Assessment.— Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency, in consultation with the heads of the other elements of the intelligence community that the Director determines appropriate, shall submit to the appropriate committees of Congress an assessment of the current effects on the intelligence community of the agreements between Israel and 4 other foreign countries, collectively known as the Abraham Accords, and of the potential effects on the intelligence community if the Abraham Accords were to be expanded to additional foreign countries.
Elements.— The assessment under subsection (a) shall include, with respect to the agreements referred to in such subsection, the following:
A description of whether, and in what respects, the agreement between Israel and Bahrain has resulted in the intelligence community obtaining new and valuable insights regarding national intelligence priorities.
A description of whether, and in what respects, the agreement between Israel and Morocco has resulted in the intelligence community obtaining new and valuable insights regarding national intelligence priorities.
A description of whether, and in what respects, the agreement between Israel and the United Arab Emirates has resulted in the intelligence community obtaining new and valuable insights regarding national intelligence priorities.
A description of whether, and in what respects, the agreement between Israel and Sudan has resulted in the intelligence community obtaining new and valuable insights regarding national intelligence priorities.
An assessment of whether, and in what respects, additional agreements between Israel and other foreign countries to normalize or otherwise enhance relations would result in the intelligence community obtaining new and valuable insights regarding national intelligence priorities.
Form.— The assessment under subsection (a) may be submitted in classified form.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
SEC. 7339. Reporting and Investigating Allegations of Sexual Assault and Sexual Harassment Within the Central Intelligence Agency.
Sense of Congress.— It is the sense of Congress that—
sexual assault and sexual harassment arise from, and are often indicative of, an environment where toxic, provocative, and sometimes significantly inappropriate behavior is tolerated;
when supervisors and senior leaders at headquarters and in the field are among the offenders and facilitate a work climate in which toxic and disrespectful behavior is tolerated, harassment and even assault will often go unaddressed and unpunished;
while establishing clear policies and procedures and enhancing training are necessary first steps toward protecting victims and establishing stronger internal mechanisms for preventing and responding to future sexual assault and sexual harassment within the Central Intelligence Agency, comprehensive culture change driven by Agency leadership will be necessary to accomplish impactful and enduring improvement; and
it is vital for the Central Intelligence Agency to maintain an independent and neutral person with whom all employees at all levels, supervisors and non-supervisors, may speak confidentially, informally, and off-the-record about work-related concerns or questions.
Sexual Assault and Sexual Harassment Within the Agency.— 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:
“SEC. 30. SEXUAL ASSAULT AND SEXUAL HARASSMENT WITHIN THE AGENCY.
“(a) Responsibilities of Director.—The Director shall carry out the following responsibilities:
“(1) Establishing professional and uniform training for employees assigned to working with all aspects of the response of the Agency to allegations of sexual assault and sexual harassment.
“(2) Developing and implementing policies and procedures to protect the confidentiality of employees who report sexual assault or sexual harassment and to mitigate negative effects on the reputation or career of such an employee as a result of such a report.
“(3) Developing and implementing documented standards for—
“(A) appropriate mitigation and protection measures for individuals who make allegations of a sexual assault or sexual harassment to be put in place while an investigation proceeds;
“(B) appropriate employee consequences to be imposed based on the findings of an inquiry or investigation into a substantiated allegation of sexual assault or sexual harassment;
“(C) appropriate career path protection for all employees involved in an incident resulting in a reported allegation of sexual assault or sexual harassment while an administrative or criminal investigation or review of the allegation is pending; and
“(D) mitigation measures to protect employees and mission execution while such allegations are being addressed.
“(4) Articulating and enforcing norms, expectations, practices, and policies, including with respect to employee promotions and assignments, that are published for the workforce and designed to promote a healthy workplace culture that is inhospitable to sexual assault and sexual harassment.
“(5) Developing and issuing workforce messaging to inform Agency employees of policies, procedures, resources, and points of contact to obtain information related to, or to report, sexual assault or sexual harassment globally.
“(6) Developing and implementing sexual assault and sexual harassment training for all Agency employees that—
“(A) is designed to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault and sexual harassment;
“(B) includes onboarding programs, annual refresher training, and specialized leadership training; and
“(C) includes details of the definitions of sexual assault and sexual harassment, the distinction between such terms, and what does or does not constitute each.
“(7) Developing and implementing processes and procedures applicable to personnel involved in providing the training referred to in paragraph (6) that—
“(A) are designed to ensure seamless policy consistency and mechanisms for submitting reports of sexual assault and sexual harassment in all training environments; and
“(B) include requirements for in-person training that—
“(i) covers the reporting processes for sexual assault and sexual harassment that are specific to training environments for students and trainers; and
“(ii) shall be provided at an appropriate time during the first 5 days of any extended or residential training course.
“(8) Developing and implementing, in consultation with the Victim Advocacy Specialists of the Federal Bureau of Investigation, appropriate training requirements, policies, and procedures applicable to all employees whose professional responsibilities include interaction with people making reports alleging sexual assault or sexual harassment.
“(9) Developing and implementing procedures under which current and former employees of the Agency who have reported an allegation of sexual assault or sexual harassment may obtain documents and records related to such a report, as appropriate and upon request.
“(10) Developing and implementing procedures under which an employee who makes a restricted or unrestricted report containing an allegation of a sexual assault or sexual harassment may transfer out of the current assignment or location of the employee, upon the request of the employee making the report. Such procedures shall be consistent with the privilege established in section 31.
“(11) Developing policies and procedures for the Special Victim Investigator, as applicable, to facilitate outside engagement requests of employees reporting allegations of sexual assault or sexual harassment as described in sections 31 and 32.
“(12) Coordinating the response of the Agency to allegations of sexual assault and sexual harassment.
“(b) Semiannual Report.—Not less frequently than once every 180 days, the Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the activities of all Agency offices responsible for preventing, investigating, adjudicating, and addressing claims of sexual assault or sexual harassment. The Director shall personally review, approve, and submit each report under this subsection on a nondelegable basis. Each such report shall include—
“(1) for the period covered by the report—
“(A) the number of new allegations of sexual assault and sexual harassment reported to any Agency office, disaggregated by restricted and unrestricted reports;
“(B) the number of new or ongoing cases in which the Sexual Harassment/Assault Response and Prevention Office has provided victim advocacy services;
“(C) a description of all training activities related to sexual assault and sexual harassment carried out Agency-wide, and the number of such trainings conducted; and
“(2) for the period beginning on the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024 and ending on the last day of the period covered by the report—
“(A) the total number of allegations of sexual assault and sexual harassment;
“(B) the disposition of each report of such an allegation;
“(C) any corrective action taken in response to each such report;
“(D) the number of such allegations that were not substantiated; and
“(E) the number of employee reassignment and relocation requests, including—
“(i) the number of such requests that were granted;
“(ii) the number of such requests that were denied; and
“(iii) for any such request that was denied, the position of the individual who denied the request and the reason for denial.
“(c) Applicability.—
“(1) In general.—The policies developed pursuant to this section shall apply to each of the following:
“(A) Any employee of the Agency.
“(B) Any person other than an Agency employee who alleges they were sexually assaulted or harassed at a facility associated with the Agency or during the performance of a function associated with the Agency. If such person is an employee of an industrial contractor, the contracting officer for the relevant contract shall coordinate with the contractually identified representative for the prime contractor in a manner consistent with section 31.
“(2) Relation to existing regulations.—The policies developed pursuant to this section for handling allegations of sexual harassment shall be in addition to the requirements of part 1614 of title 29, Code of Federal Regulations, or successor regulations.”
Reporting and Investigation of Allegations of Sexual Assault and Sexual Harassment.— Such Act is further amended by adding at the end the following new section:
“SEC. 31. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEXUAL ASSAULT AND SEXUAL HARASSMENT.
“(a) Policies Relating to Restricted and Unrestricted Reporting of Sexual Assault and Sexual Harassment.—
“(1) In general.—The Director shall develop and implement policies, regulations, personnel training, and workforce education to establish and provide information about restricted reports and unrestricted reports of allegations of sexual assault and sexual harassment within the Agency in accordance with this subsection.
“(2) Workforce education.—Workforce education developed under paragraph (1) shall be designed to clearly inform Agency employees of the differences between restricted and unrestricted reporting of allegations of sexual assault and sexual harassment, and which individual or office within the Agency is responsible for receiving each type of report.
“(3) Relationship to the sexual harassment/assault response and prevention office.—To the extent consistent with preserving a victim’s complete autonomy, the policies, regulations, training, and messaging described in this subsection shall—
“(A) encourage Agency employees to make restricted or unrestricted reports of sexual assault and sexual harassment to the Sexual Harassment/Assault Response and Prevention Office;
“(B) encourage Agency employees to use the Sexual Harassment/Assault Response and Prevention Office as the primary point of contact and entry point for Agency employees to make restricted or unrestricted reports of sexual assault and sexual harassment;
“(C) encourage Agency employees to seek the victim advocacy services of the Sexual Harassment/Assault Response and Prevention Office after reporting an allegation of sexual assault or sexual harassment, to the extent consistent with the victim’s election; and
“(D) encourage Agency employees and individuals who receive disclosures of sexual assault and sexual harassment to provide the report to, and receive guidance from, the Sexual Harassment/Assault Response and Prevention Office.
“(b) Election.—Any person making a report containing an allegation of a sexual assault or sexual harassment shall elect whether to make a restricted report or an unrestricted report. Once an election is made to make an unrestricted report, such election may not be changed.
“(c) Unrestricted Reports.—
“(1) Assistance.—A person who elects to make an unrestricted report containing an allegation of sexual assault or sexual harassment may seek the assistance of another employee of the Agency with taking the action required under paragraph (2).
“(2) Action required.—A person electing to make an unrestricted report containing an allegation of sexual assault or sexual harassment shall submit the report to the Sexual Harassment/Assault Response and Prevention Office. To the extent consistent with the person’s election after consultation with the Sexual Harassment/Assault Response and Prevention Office, the Sexual Harassment/Assault Response and Prevention Office may facilitate the person’s contact with any other appropriate Agency official or office, and make available to Agency employees the following:
“(A) A list of physicians and mental health care providers (including from the private sector, as applicable) who have experience with the physical and mental health care needs of the Agency workforce.
“(B) A list of chaplains and religious counselors who have experience with the needs of the Agency workforce, including information regarding access to the Chaplain Corps established under section 26.
“(C) Information regarding how to select and retain private attorneys who have experience with the legal needs of the Agency workforce, including detailed information on the process for the appropriate sharing of information with retained private attorneys.
“(3) Rule of construction.—The inclusion of any person on a list maintained or made available pursuant to subsection (c)(2) shall not be construed as an endorsement of such person (or any service furnished by such person), and neither the Sexual Harassment/Assault Response and Prevention Office nor the Agency shall be liable, as a result of such inclusion, for any portion of compensable injury, loss, or damage attributable to such person or service.
“(d) Restricted Reports.—
“(1) Process for making reports.—A person who elects to make a restricted report containing an allegation of sexual assault or sexual harassment shall submit the report to the Sexual Harassment/Assault Response and Prevention Office.
“(2) Action required.—A restricted report containing an allegation of sexual assault or sexual harassment—
“(A) shall be treated by the person who receives the report in the same manner as a communication covered by the privilege set forth in this section;
“(B) shall not result in a referral to law enforcement or commencement of a formal administrative investigation, unless the victim elects to change the report from a restricted report to an unrestricted report;
“(C) in a case requiring an employee reassignment, relocation, or other mitigation or protective measures, shall result only in actions that are managed in a manner to limit, to the extent possible, the disclosure of any information contained in the report;
“(D) shall be exempt from any Federal or, to the maximum extent permitted by the Constitution, State reporting requirements, including the requirements under section 535(b) of title 28, United States Code, section 17(b)(5) of this Act, relevant provisions of Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities), or successor order, Executive Order 13462 (50 U.S.C. 3001 note; relating to President’s intelligence advisory board and intelligence oversight board), or successor order, title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), and sections 501 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 791 and 794a), except when reporting is necessary to prevent or mitigate an imminent threat of serious bodily harm.
“(3) Rule of construction.—The receipt of a restricted report submitted under subsection (d) shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault or sexual harassment to the Agency for the purpose of the Agency’s responsibility to exercise reasonable care to take immediate and appropriate corrective action to prevent and correct harassing behavior.
“(e) Privileged Communications With Agency Employees.—
“(1) In general.—A victim shall be entitled to maintain and assert a privilege against disclosure of, and be able to prevent any other person from disclosing, any confidential communication made between the victim and any employee of the Sexual Harassment/Assault Response and Prevention Office, if such communication was made for the purpose of facilitating advice or assistance to the victim in accordance with this section. A victim may consent to additional disclosures.
“(2) When a communication is confidential.—A communication is confidential for the purposes of this section if made in the course of the relationship between the victim and any employee of the Sexual Harassment/Assault Response and Prevention Office and not intended to be disclosed to third persons, other than those to whom disclosure is made in furtherance of the provision of advice or assistance to the victim or those reasonably necessary for such transmission of the communication.
“(3) Maintenance of privilege.—The privilege is maintained by the victim. A victim may authorize the Sexual Harassment/Assault Response and Prevention Office employee who received the communication to assert the privilege on his or her behalf, with confidentiality. The Sexual Harassment/Assault Response and Prevention Office employee who received the communication may assert the privilege on behalf of the victim. The authority of such Sexual Harassment/Assault Response and Prevention Office employee to so assert the privilege is presumed in the absence of evidence to the contrary.
“(4) Exceptions.—The privilege shall not apply to prevent limited disclosures necessary under the following circumstances:
“(A) When the victim is deceased.
“(B) When the Sexual Harassment/Assault Response and Prevention Office employee who received the communication has a reasonable belief that a victim’s mental or emotional condition makes the victim a danger to any person, including the victim.
“(C) When the otherwise privileged communication clearly contemplates the future commission of a crime or breach of national security, or aiding any individual to commit or plan to commit what the victim knew or reasonable should have known to be a crime or breach of national security.
“(D) When disclosure of a communication is constitutionally required.
“(5) Handling of exceptions.—When the Sexual Harassment/Assault Response and Prevention Office employee determines that information requires an exception to the privilege, the Sexual Harassment/Assault Response and Prevention Office employee who received the communication will protect information pertaining to the facts and circumstances surrounding the underlying sexual assault or sexual harassment allegations to the greatest extent possible.
“(f) Incident Reports When Victim or Alleged Perpetrator Is an Agency Employee.—
“(1) Incident reporting policy.—The Director shall establish and maintain a policy under which—
“(A) the head of the Sexual Harassment/Assault Response and Prevention Office is required to submit a written incident report not later than 8 days after receiving an unrestricted report containing an allegation of sexual assault or sexual harassment; and
“(B) each such incident report required under subparagraph (A) shall be provided to—
“(i) the Director of the Agency;
“(ii) the Chief Operating Officer of the Agency;
“(iii) the Special Victim Investigator; and
“(iv) such other individuals as the Director determines appropriate.
“(2) Purpose.—The purpose of an incident report required under paragraph (1) is—
“(A) to record the details about actions taken or in progress to provide the necessary care and support to the victim of the alleged incident;
“(B) to document the referral of the allegations to the appropriate investigatory or law enforcement agency; and
“(C) to provide initial formal notification of the alleged incident.
“(3) Elements.—Each incident report required under paragraph (1) shall include each of the following:
“(A) The time, date, and location of the alleged sexual assault or sexual harassment.
“(B) An identification of the type of offense or harassment alleged.
“(C) An identification of the assigned office and location of the victim.
“(D) An identification of the assigned office and location of the alleged perpetrator, including information regarding whether the alleged perpetrator has been temporarily transferred or removed from an assignment or otherwise restricted, if applicable.
“(E) A description of any post-incident actions taken in connection with the incident, including—
“(i) referral to any services available to victims, including the date of each referral;
“(ii) notification of the incident to appropriate investigatory organizations, including the organizations notified and dates of notifications; and
“(iii) issuance of any personal protection orders or steps taken to separate the victim and the alleged perpetrator within their place of employment.
“(F) Such other elements as the Director determines appropriate.
“(g) Common Perpetrator Notice Requirement.—
“(1) Unrestricted reports.—Upon receipt of an incident report under subsection (f)(1) containing an allegation of sexual assault or sexual harassment against an individual known to be the subject of at least one allegation of sexual assault or sexual harassment by another reporter, the Special Victim Investigator shall notify each of the following of all existing allegations against the individual:
“(A) The Director of the Agency.
“(B) The Chief Operating Officer of the Agency.
“(C) The Sexual Harassment/Assault Response and Prevention Office.
“(D) If the individual is an Agency employee, the head of the directorate employing the individual and the first-level supervisor of the individual.
“(E) If the individual is an Agency contractor, the Acquisition Group Chief and the contracting officer for the relevant contract. For industrial contractor personnel, the contracting officer shall notify the contractually identified representative for the prime contractor.
“(F) The Inspector General of the Agency.
“(G) Such other individuals as the Director determines appropriate.
“(2) Restricted reports.—In the case of restricted reports under subsection (d), the Sexual Harassment/Assault Response and Prevention Office shall notify any victims known to have filed a restricted report against an individual known to be the subject of at least one unrestricted allegation of sexual assault or sexual harassment by another reporter that another allegation has been made against the same individual who is the alleged subject of the victim’s report at the time of the victim’s initial report or any time thereafter upon receipt of any subsequent unrestricted report under subsection (c) or a common perpetrator notice under paragraph (1) of this subsection.
“(h) Applicability.—The policies developed pursuant to this section shall apply to each of the following:
“(1) Any employee of the Agency.
“(2) Any person other than an Agency employee who alleges they were sexually assaulted or harassed at a facility associated with the Agency or during the performance of a function associated with the Agency.
“(i) Records.—
“(1) In general.—The Director shall establish a system for the tracking and, in accordance with chapter 31 of title 44, United States Code (commonly known as the ‘Federal Records Act of 1950’), long-term temporary retention of all Agency records related to any investigation into an allegation of sexual assault or sexual harassment made in an unrestricted report, including any related medical documentation.
“(2) Relation to privilege.—Any Agency records created under the authority of this section are subject to the privileges described in this section. Routine records management activities conducted by authorized Agency personnel with respect to such records, including maintaining, searching, or dispositioning of records, shall not result in a waiver of those privileges.
“(3) Applicability to foia.—This section shall constitute a withholding statute pursuant to section 552(b)(3) of title 5, United States Code, with respect to any information that may reveal the identity of a victim of sexual assault or sexual harassment, or any information subject to the privileges described in this section.
“(j) Relationship to the Office of Equal Employment Opportunity.—In the case of a restricted report of sexual harassment, such report shall not result in a referral to the Office of Equal Employment Opportunity, unless the victim elects to change the report from a restricted report to an unrestricted report. In the case of an unrestricted report, the Special Victim Investigator, the Office of Equal Employment Opportunity, law enforcement, or any other appropriate investigative body, or any appropriate combination thereof, may investigate the unrestricted report, as appropriate. Policies and procedures developed pursuant to this section are intended to offer victims options in addition to the process described in part 1614 of title 29, Code of Federal Regulations, or successor regulations.
“(k) Definitions.—In this section:
“(1) Report.—The term ‘report’ means a communication—
“(A) by a victim;
“(B) that describes information relating to an allegation of sexual assault or sexual harassment;
“(C) to an individual eligible to document an unrestricted or restricted report; and
“(D) that the victim intends to result in formal documentation of an unrestricted or restricted report.
“(2) Victim.—The term ‘victim’ means a person who alleges they have suffered direct physical or emotional harm because they were subjected to sexual assault or sexual harassment.”
Special Victim Investigator.— Such Act is further amended by adding at the end the following new section:
“SEC. 32. SPECIAL VICTIM INVESTIGATOR.
“(a) Establishment.—The Director shall establish in the Office of Security a Special Victim Investigator, who shall be authorized to investigate or facilitate the investigation of unrestricted reports containing allegations of sexual assault and sexual harassment. The person appointed as the Special Victim Investigator shall be an appropriately credentialed Federal law enforcement officer and may be detailed or assigned from a Federal law enforcement entity.
“(b) Responsibilities.—The Investigator shall—
“(1) at the election of a victim (as defined in section 31(k)), be authorized to conduct internal Agency inquiries, investigations, and other fact-finding activities related to allegations of sexual harassment, which may be separate and in addition to any inquiry or investigation conducted by the Office of Equal Employment Opportunity;
“(2) conduct and manage internal Agency inquiries, investigations, and other fact-finding activities related to specific allegations of sexual assault;
“(3) testify in a criminal prosecution in any venue, where appropriate;
“(4) serve as the case agent for a criminal investigation in any venue, where appropriate;
“(5) facilitate engagement with other law enforcement relating to such allegations, where appropriate, including coordinating on the matter and any related matters with other Federal, State, local, and Tribal law enforcement agencies, as necessary and appropriate, pursuant to regulations, requirements, and procedures developed in consultation with the Federal Bureau of Investigation, the Department of State’s Diplomatic Security Service, or other Federal, State, local, or Tribal law enforcement authorities, for any such inquiries, investigations, or other fact-finding activities;
“(6) develop and implement policies and procedures necessary for the Special Victim Investigator or any law enforcement partner to conduct effective investigations and also protect sensitive information;
“(7) serve as the primary internal investigative body in the Agency for allegations of sexual assault, except that, in the case of an allegation of a sexual assault involving an employee of the Office of Security, the Special Victim Investigator shall coordinate with the Inspector General or appropriate criminal investigators employed by a Federal, State, local, or Tribal law enforcement entity, as necessary, to maintain the integrity of the investigation and mitigate potential conflicts of interest;
“(8) establish and coordinate clear policies regarding which agency should take the lead on conducting, or be the lead in coordinating with local law enforcement when applicable, investigations of sexual assault and sexual harassment overseas; and
“(9) sharing information with the Sexual Harassment/Assault Response and Prevention Office, including providing a copy of materials related to investigations with such redactions as deemed necessary, to facilitate the support and advocacy of such Office for victims of alleged sexual assault or sexual harassment.
“(c) Timeframe for Investigations.—The Special Victim Investigator shall—
“(1) ensure that any Special Victim Investigator investigation into an allegation of a sexual assault or sexual harassment contained in an unrestricted report submitted under section 31 is completed by not later than 60 days after the date on which the report is referred to the Special Victim Investigator; and
“(2) if the Special Victim Investigator determines that the completion of an investigation will take longer than 60 days—
“(A) not later than 60 days after the date on which the report is referred to the Special Victim Investigator, submit to the Director a request for an extension that contains a summary of the progress of the investigation, the reasons why the completion of the investigation requires additional time, and a plan for the completion of the investigation; and
“(B) provide to the person who made the report and the person against whom the allegation in the report was made notice of the extension of the investigation.”
Implementation and Reporting Requirements.—
Deadline for implementation.— Not later than 180 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall—
complete an Agency climate assessment—
which does not request any information that would make an Agency employee or an Agency employee’s position identifiable;
for the purposes of—
preventing and responding to sexual assault and sexual harassment; and
examining the prevalence of sexual assault and sexual harassment occurring among the Agency’s workforce; and
that includes an opportunity for Agency employees to express their opinions regarding the manner and extent to which the Agency responds to allegations of sexual assault and complaints of sexual harassment, and the effectiveness of such response;
submit to the appropriate congressional committees the findings of the Director with respect to the climate assessment completed pursuant to subparagraph (A);
establish and implement the policies required under sections 30 and 31 of the Central Intelligence Agency Act of 1949, as added by subsections (b) and (c), respectively;
consolidate the responsibilities of the Director under section 30 of the Central Intelligence Agency Act of 1949 in a single Office, as determined by the Director; and
establish the Special Victim Investigator, as required by section 32 of the Central Intelligence Agency Act of 1949, as added by subsection (d).
Report.— Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter for 2 years, the Director of the Central Intelligence Agency shall submit to the appropriate congressional committees a report on the implementation of this section and the amendments made by this section. The Director shall personally review, approve, and submit each report under this paragraph on a nondelegable basis.
Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—
the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
Subtitle C Matters Relating to Defense Intelligence and Overhead Architecture
SEC. 7341. Modification of Reporting Requirement for All-Domain Anomaly Resolution Office.
Section 1683(k)(1) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended—
in the heading, by striking “ director of national intelligence and secretary of defense” and inserting “ all-domain anomaly resolution office”; and
in subparagraph (A), by striking “ Director of National Intelligence and the Secretary of Defense shall jointly” and inserting “ Director of the Office shall”.
SEC. 7342. Defense Intelligence Agency Assessment of Strategic Competition in Latin America and the Caribbean.
Assessment.— Not later than 120 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency, in consultation with the heads of the other elements of the intelligence community that the Director determines appropriate, shall submit to the appropriate congressional committees an intelligence assessment on the level of intelligence and defense cooperation between covered countries and—
the People’s Republic of China; and
the Russian Federation.
Elements.— The intelligence assessment under subsection (a) shall include a description of any security-related cooperation or engagement between covered countries and the People’s Republic of China or the Russian Federation in the following areas:
Strategic dialogue.
Training or professional military education.
Defense agreements.
Intelligence sharing agreements.
Arms transfers.
Defense equipment transfers.
Military exercises.
Joint operations.
Permanent military presence.
Space cooperation.
Any other area the Director of the Defense Intelligence Agency determines appropriate.
Form.— The assessment under subsection (a) may be provided in classified form.
Format.— To the extent practicable, the Director shall present the information contained in the assessment under subsection (a) in the format of a chart or other graphic.
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means the following:
The congressional intelligence committees.
The congressional defense committees, as such term is defined in section 101(a) of title 10, United States Code.
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Covered country.— The term “covered country” means Mexico and each foreign country or territory in Central or South America or in the Caribbean.
SEC. 7343. Funding Limitations Relating to Unidentified Anomalous Phenomena.
Definitions.— In this section:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
Congressional leadership.— The term “congressional leadership” means—
the majority leader of the Senate;
the minority leader of the Senate;
the Speaker of the House of Representatives; and
the minority leader of the House of Representatives.
Unidentified anomalous phenomena.— The term “unidentified anomalous phenomena” has the meaning given such term in section 1683(n) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)).
Limitations.— None of the funds authorized to be appropriated or otherwise made available by this division may be obligated or expended in support of any activity involving unidentified anomalous phenomena protected under any form of special access or restricted access limitation unless the Director of National Intelligence has provided the details of the activity to the appropriate committees of Congress and congressional leadership, including for any activities described in a report released by the All-domain Anomaly Resolution Office in fiscal year 2024.
Limitation Regarding Independent Research and Development.— Independent research and development funding relating to unidentified anomalous phenomena shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the appropriate congressional committees and leadership.
Subtitle D Matters Relating to National Security Agency, Cyber, and Commercial Cloud Enterprise
SEC. 7351. Congressional Notification by National Security Agency of Intelligence Collection Adjustments.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.) is amended by adding at the end the following new section:
“SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLECTION ADJUSTMENTS.
“(a) Notification.—Not later than 30 days after the date on which the Director of the National Security Agency determines the occurrence of an intelligence collection adjustment, the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification of the intelligence collection adjustment.
“(b) Definitions.—In this section:
“(1) Congressional intelligence committees.—The term ‘congressional intelligence committees’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
“(2) Intelligence collection adjustment.—The term ‘intelligence collection adjustment’ includes a change by the United States Government to a policy on intelligence collection or the prioritization thereof that results in a significant loss of intelligence.”
SEC. 7352. Modifications to Enforcement of Cybersecurity Requirements for National Security Systems.
Section 6309 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following new subsection:
“(e) Implementation Report.—Each head of an element of the intelligence community that owns or operates a national security system shall submit to the congressional intelligence committees not later than 90 days after the date of the enactment of this subsection a plan detailing the cost and schedule requirements necessary to meet all of the cybersecurity requirements for national security systems by the end of fiscal year 2026.”
SEC. 7353. Support by Intelligence Community for Certain Cross-Functional Team of Department of Defense.
Access to Information.— Upon request by the cross-functional team of the Department of Defense established under section 910 of the National Defense Authorization Act of Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 111 note) (in this section referred to as the “cross-functional team”), and consistent with the protection of intelligence sources and methods, the head of any element of the intelligence community shall provide such team with access to any information (including any intelligence reporting, analysis, or finished intelligence product) of the element potentially relevant to the duties of such team required under subsection (b)(1) of such section.
Rule of Construction.— Nothing in subsection (a) shall be construed as waiving the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) or any other applicable law regarding privacy or the protection of health information.
Staffing of Cross-functional Team by Certain Elements.—
Staffing.—
Covered elements.— The head of each covered element shall detail or assign to the cross-functional team, including through a joint duty assignment (as applicable), intelligence or counterintelligence personnel of that covered element in such numbers as the head, in consultation with such team, determines necessary to support such team in fulfilling the duties required under section 910(b)(1) of the National Defense Authorization Act of Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 111 note).
Other elements.— The head any element that is not a covered element may only detail or assign to the cross-functional team, including through a joint duty assignment (as applicable), intelligence or counterintelligence personnel of such element if the head of such element—
receives written concurrence from the Director of National Intelligence and the Secretary of Defense regarding the specific personnel to be detailed or assigned; and
submits to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a notification describing the personnel to be detailed or assigned and the rationale for participation in the cross functional team.
National security agency.— In carrying out paragraph (1) with respect to the National Security Agency, the Director of the National Security Agency shall ensure there is detailed or assigned to the cross-functional team at least 1 individual determined appropriate by the Director, who, while so detailed or assigned, shall provide such team with technical expertise of the National Security Agency relevant to the fulfilment of the duties referred to in paragraph (1).
Additional Detail Authority.— Upon request by the cross-functional team, the head of any element of the intelligence community may detail to such team personnel of the element to provide intelligence, counterintelligence, or related support.
Covered Element Defined.— In this section, the term “covered element” means the following:
The National Security Agency.
The Defense Intelligence Agency.
The intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps.
SEC. 7354. Commercial Cloud Enterprise Notification.
Notification Requirement.— Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Director of the Central Intelligence Agency shall submit to the appropriate committees of Congress a notification relating to the Commercial Cloud Enterprise contract entered into by the Director of the Central Intelligence Agency in November 2020 for commercial cloud services for the intelligence community, which shall include—
the number and value of all task orders issued under such contract, broken down by vendor, for each element of the intelligence community;
the duration of each task order;
the number of sole source task orders issued compared to the number of task orders issued on a competitive basis under such contract; and
with respect to each vendor authorized to provide commercial cloud services under such contract, an update on the status of the security accreditation and authority to operate decision of each vendor.
Data Sharing.— The head of each element of the intelligence community shall share such data with the Director of the Central Intelligence Agency as necessary to prepare the notification required under subsection (a).
Sunset.— The requirement to submit the notification under subsection (a) shall terminate on the date that is 3 years after the date of the enactment of this Act.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
SEC. 7355. Commercial Cloud Enterprise Sole Source Task Order Notification Requirement.
Notification Requirement.— Not later than 90 days after the date of the enactment of this Act, and on a semiannual basis thereafter, the head of each element of the intelligence community shall submit to the appropriate committees of Congress a notification with respect to any sole source task order awarded by such head under the contract relating to the Commercial Cloud Enterprise entered into by the Director of the Central Intelligence Agency in November 2020 for commercial cloud services for the intelligence community.
Contents.— Each notification required under subsection (a) shall include, with respect to the task order concerned—
a description of the order;
the duration of the order;
a summary of services provided under the order;
the value of the order;
the justification for awarding the order on a sole source basis; and
an identification of the vendor awarded the order.
Sunset.— The requirement to submit the notification under subsection (a) shall terminate on the date that is 3 years after the date of the enactment of this Act.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
SEC. 7356. Analysis of Commercial Cloud Initiatives of Intelligence Community.
In General.— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with such heads of elements of the intelligence community as the Director considers appropriate—
complete a comprehensive analysis of the commercial cloud initiatives of the intelligence community relating to the Commercial Cloud Enterprise contract entered into by the Director of the Central Intelligence Agency in November 2020; and
provide to the congressional intelligence committees, the Committee on the Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a briefing on the findings of the Director with respect to the analysis conducted pursuant to paragraph (1).
Elements.— The analysis conducted under subsection (a) shall include—
the current year and 5-year projected costs for commercial cloud utilization for each element of the intelligence community, including costs related to data storage, data migration, egress fees, and any other commercial cloud services;
the termination or planned termination, as the case may be, of legacy data storage capacity of an element of the intelligence community and the projected cost savings resulting from such termination;
efforts underway by the Office of the Director of National Intelligence and elements of the intelligence community to utilize multiple commercial cloud service providers;
the operational value that elements of the intelligence community are achieving through utilization of commercial cloud analytic tools and services; and
how effectively the commercial cloud enterprise is currently postured to support artificial intelligence workloads of intelligence community elements and a description of criteria for continuing to rely on legacy data centers for those artificial intelligence requirements by an intelligence community element.
TITLE IV Matters Concerning Foreign Countries
Subtitle A People’s Republic of China
SEC. 7401. Intelligence Community Coordinator for Accountability of Atrocities of the People’s Republic of China.
Definitions.— In this section:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
Atrocity of the people’s republic of china.— The term “atrocity of the People’s Republic of China” means a crime against humanity, genocide, or a war crime committed by a foreign person who is—
a member, official, or employee of the government of the People’s Republic of China;
a member, official, or employee of the Chinese Communist Party;
a member of the armed forces, security, or other defense services of the People’s Republic of China; or
an agent or contractor of a person specified in subparagraph (A), (B), or (C).
Commit.— The term “commit”, with respect to an atrocity of the People’s Republic of China, includes the planning, committing, aiding, and abetting of such atrocity of the People’s Republic of China.
Foreign person.— The term “foreign person” means—
any person or entity that is not a United States person; or
any entity not organized under the laws of the United States or of any jurisdiction within the United States.
Government of the people’s republic of china.— The term “government of the People’s Republic of China” includes the regional governments of Xinjiang, Tibet, and Hong Kong.
United states person.— The term “United States person” has the meaning given that term in section 105A(c) of the National Security Act of 1947 (50 U.S.C. 3039(c)).
Intelligence Community Coordinator for Accountability of Atrocities of the People’s Republic of China.—
Designation.— Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People’s Republic of China (in this section referred to as the “Coordinator”).
Duties.— The Coordinator shall oversee the efforts of the intelligence community relating to the following:
Identifying and, as appropriate, disseminating within the United States Government, intelligence relating to atrocities of the People’s Republic of China.
Identifying analytic and other intelligence needs and priorities of the United States Government with respect to the commitment of atrocities of the People’s Republic of China.
Collaborating with appropriate counterparts across the intelligence community to ensure appropriate coordination on, and integration of the analysis of, the commitment of atrocities of the People’s Republic of China.
Ensuring that relevant departments and agencies of the United States Government receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, downgrade and dissemination of intelligence products relating to the commitment of atrocities of the People’s Republic of China.
Plan required.— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress—
the name of the official designated as the Coordinator pursuant to paragraph (1);
the strategy of the intelligence community for the prioritization and integration of intelligence relating to atrocities of the People’s Republic of China, including a detailed description of how the Coordinator shall support the implementation of such strategy; and
the plan of the intelligence community to conduct a review of classified and unclassified intelligence reporting regarding atrocities of the People’s Republic of China for downgrading, dissemination, and, as appropriate, public release.
Briefings to congress.— Not later than 120 days after the date of enactment of this Act, and not less frequently than quarterly thereafter, the Director of National Intelligence, acting through the Coordinator, shall brief the appropriate committees of Congress on—
the analytical findings, changes in collection, and other activities of the intelligence community with respect to atrocities of the People’s Republic of China; and
the recipients of intelligence reporting shared pursuant to this section in the prior quarter, including for the purposes of ensuring that the public is informed about atrocities of the People’s Republic of China and to support efforts by the United States Government to seek accountability for the atrocities of the People’s Republic of China, and the date of any such sharing.
Sunset.— This section shall cease to have effect on September 30, 2027.
SEC. 7402. Interagency Working Group and Report on the Malign Efforts of the People’s Republic of China in Africa.
Establishment.—
In general.— The Director of National Intelligence, in consultation with such heads of elements of the intelligence community as the Director considers appropriate, shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the People’s Republic of China in Africa.
Establishment flexibility.— The working group established under paragraph (1) may be—
independently established; or
to avoid redundancy, incorporated into existing working groups or cross-intelligence efforts within the intelligence community.
Report.—
Definition of appropriate committees of congress.— In this subsection, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Foreign Relations, the Committee on Energy and Natural Resources, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
In general.— Not later than 120 days after the date of the enactment of this Act, the working group established under subsection (a) shall submit to the appropriate committees of Congress a report on the specific tactics and capabilities of the People’s Republic of China in Africa.
Elements.— Each report required by paragraph (2) shall include the following elements:
An assessment and description of efforts by the Government of the People’s Republic of China to exploit mining and reprocessing operations in Africa.
An assessment and description of efforts by the Government of the People’s Republic of China to provide or fund technologies in Africa, including—
telecommunications and energy technologies, such as advanced reactors, transportation, and other commercial products; and
by requiring that the People’s Republic of China be the sole provider of such technologies.
An assessment of opportunities for mitigation.
Form.— The report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary.
Sunset.— The requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
SEC. 7403. 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.
Section 6503(c)(3)(D) of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263) is amended by striking “ the top 200” and inserting “ all the known”.
SEC. 7404. Assessments of Reciprocity in the Relationship Between the United States and the People’s Republic of China.
In General.— Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the Director of National Intelligence and such other heads of elements of the intelligence community as the Assistant Secretary considers relevant, shall submit to Congress the following:
A comprehensive assessment that identifies critical areas in the security, diplomatic, economic, financial, technological, scientific, commercial, academic, and cultural spheres in which the United States does not enjoy a reciprocal relationship with the People’s Republic of China.
A comprehensive assessment that describes how the lack of reciprocity between the People’s Republic of China and the United States in the areas identified in the assessment required by paragraph (1) provides advantages to the People’s Republic of China.
Form of Assessments.—
Critical areas.— The assessment required by subsection (a)(1) shall be submitted in unclassified form.
Advantages.— The assessment required by subsection (a)(2) shall be submitted in classified form.
SEC. 7405. Assessment of Threat Posed to United States Ports by Cranes Manufactured by Countries of Concern.
Definitions.— In this section:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Financial Services, the Committee on Energy and Commerce, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
Country of concern.— The term “country of concern” has the meaning given that term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)).
Assessment.— The Director of National Intelligence, in coordination with such other heads of the elements of the intelligence community as the Director considers appropriate and the Secretary of Defense, shall conduct an assessment of the threat posed to United States ports by cranes manufactured by countries of concern and commercial entities of those countries, including the Shanghai Zhenhua Heavy Industries Co. (ZPMC).
Report and Briefing.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit a report and provide a briefing to the appropriate committees of Congress on the findings of the assessment required by subsection (b).
Elements.— The report and briefing required by paragraph (1) shall outline the potential for the cranes described in subsection (b) to collect intelligence, disrupt operations at United States ports, and impact the national security of the United States.
Form of report.— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
SEC. 7406. Intelligence Assessment of Influence Operations by People’s Republic of China Toward Pacific Islands Countries.
Assessment.— Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the heads of the other elements of the intelligence community that the Assistant Secretary determines appropriate, shall submit to the appropriate congressional committees an assessment of influence operations by the People’s Republic of China toward Pacific Islands countries.
Elements.— The intelligence assessment under subsection (a) shall include the following:
A description of recent and potential future efforts by the People’s Republic of China, using either overt or covert means, to enhance its security, political, diplomatic, or economic ties with Pacific Islands countries.
An assessment of how the People’s Republic of China views the success of its efforts to expand influence in Pacific Islands countries, and the importance of such efforts to its national security, foreign policy, and economic development objectives.
An identification of Pacific Islands countries in which the People’s Republic of China has established, or is seeking to establish, an intelligence presence or intelligence partnerships.
An assessment of the degree to which the People’s Republic of China is using economic or other forms of coercion to pressure the Pacific Islands countries that diplomatically recognize Taiwan (the Republic of the Marshall Islands, Palau, Nauru, and Tuvalu) into instead recognizing the People’s Republic of China.
An analysis of how specific Pacific Islands countries are responding to efforts by the People’s Republic of China to increase bilateral engagement.
An assessment of the influence of the People’s Republic of China in the Pacific Islands Forum (the main multilateral organization of the region) and of the efforts of the People’s Republic of China to establish parallel regional organizations and recruit Pacific Islands countries to participate.
An analysis of opportunities for the United States to counter influence operations by the People’s Republic of China in the Pacific Islands region that undermine the national security or economic interests of the United States.
Form.— The intelligence assessment under subsection (a) may be submitted in classified form.
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives.
Pacific islands countries.— The term “Pacific Islands countries” includes the Federated States of Micronesia, Fiji, French Polynesia, Kiribati, the Republic of the Marshall Islands, Nauru, Palau, Solomon Islands, Tonga, Samoa, Niue, Tuvalu, and Vanuatu.
SEC. 7407. Independent Study on Economic Impact of Military Invasion of Taiwan by People’s Republic of China.
Requirement.— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall seek to enter into a contract with an eligible entity to conduct a comprehensive study on the global economic impact of a military invasion of Taiwan by the People’s Republic of China or certain other aggressive or coercive actions taken by the People’s Republic of China with respect to Taiwan.
Matters Included.— The study required under subsection (a) shall include the following:
An assessment of the economic impact globally, in the United States, and in the People’s Republic of China that would result from an invasion of Taiwan by the People’s Republic of China under various potential invasion and response scenarios, including with respect to the impact on—
supply chains;
trade flows;
financial markets;
sovereign debt; and
gross domestic product, unemployment, and other key economic indicators.
An assessment of the economic impact globally, in the United States, and in the People’s Republic of China that would result from of an aggressive or coercive military, economic, or other action taken by the People’s Republic of China with respect to Taiwan that falls short of an invasion, including as a result of a blockade of Taiwan.
The development of economic policy options, to include sanctions and supply chain restrictions, designed to cause escalating impacts on the economy of the People’s Republic of China during a preconflict phase.
Report.—
In general.— Not later than 270 days after the date of the enactment of this Act, the eligible entity that the Director of National Intelligence enters into an agreement with under subsection (a) shall submit to the Director a report containing the results of the study conducted under such subsection.
Submission to congress.— Not later than 30 days after the date the Director receives the report under paragraph (1), the Director shall submit the report to—
the congressional intelligence committees;
the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Form of report.— The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
Eligible Entity Defined.— In this section, the term “eligible entity” means a federally funded research and development center or nongovernmental entity which has—
a primary focus on studies and analysis;
experience and expertise relevant to the study required under subsection (a); and
a sufficient number of personnel with the appropriate security clearance to conduct such study.
SEC. 7408. Report by Director of National Intelligence on Uyghur Genocide.
Report on Uyghur Genocide.—
Submission.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the relevant heads of the elements of the intelligence community, shall submit to the appropriate committees of Congress a report on the Uyghur genocide.
Matters.— The report under paragraph (1) shall address the following matters:
Forced sterilization, forced birth control, and forced abortion of Uyghurs.
Forced transfer of Uyghur children from their families.
Forced labor of Uyghurs, inside and outside of Xinjiang.
The work conditions of Uyghur laborers (including laborers in the textile, automobile and electric vehicle, solar panel, polyvinyl chloride, and rare earth metals sectors), including an identification of any company that is—
organized under the laws of the People’s Republic of China or otherwise subject to the jurisdiction of (or over which control is exercised or exercisable by) the Government of the People’s Republic of China; and
employing forced Uyghur laborers from Xinjiang.
Any other forms of physical or psychological torture against Uyghurs.
Any other actions that infringe on the rights of Uyghurs to live freely in accordance with their customs, culture, and religious practices.
The methods of surveillance of Uyghurs, including surveillance via technology, law enforcement notifications, and forcing Uyghurs to live with other individuals for monitoring purposes.
Such other matters as the Director of National Intelligence may determine appropriate.
Form.— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Definitions.— In this section:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
Intelligence; national intelligence.— The terms “intelligence” and “national intelligence” have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Subtitle B Other Foreign Countries
SEC. 7411. Report on Efforts to Capture and Detain United States Citizens as Hostages.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
In General.— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on efforts by the Maduro regime in Venezuela to detain United States citizens and lawful permanent residents.
Elements.— The report required by subsection (b) shall include, regarding the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents, the following:
The names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities.
A description of any role played by transnational criminal organizations, and an identification of such organizations.
Where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela.
An analysis of the motive for the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents.
The total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted.
Form.— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
SEC. 7412. Intelligence Assessments Regarding Haiti.
Intelligence Community Assessment.— The Director of National Intelligence, acting through the National Intelligence Council, shall produce an intelligence community assessment regarding Haiti. Such assessment shall include each of the following:
An analysis of the security, political, and economic situation in Haiti, and its effect on—
the people of Haiti;
other countries in the Caribbean region; and
the United States, including Puerto Rico and the United States Virgin Islands, as a result of increased out-migration from Haiti to the United States, the increased use of Haiti as a transshipment point for illicit drugs destined for the United States, or any other relevant factor or trend.
A description of opportunities available to improve or stabilize the security, political, and economic situation in Haiti.
An identification of specific events or actions in Haiti that, were they to occur individually or in combination, would serve as signposts indicating the further deterioration or collapse of the security, political, and economic situation in Haiti.
Intelligence Assessment.— The Director of National Intelligence shall produce an intelligence assessment based on a review of the intelligence products pertaining to Haiti that were written by elements of the intelligence community and provided to policymakers during the period of time beginning on January 1, 2021, and ending on July 7, 2021. Such assessment shall include each of the following:
An analysis of whether, during the time period covered by the assessment, the intelligence community provided policymakers with adequate indications and warning of the assassination of Haitian President Jovenal Moise on July 7, 2021.
An analysis of whether, during such time period, the intelligence community provided policymakers with useful and unique insights, derived from both covertly collected and open-source intelligence, that policymakers would not otherwise have been able to obtain from sources outside of the intelligence community.
Based on the analyses conducted under paragraphs (1) and (2), any recommendations to improve indications and warning or to otherwise enhance the utility for policymakers of intelligence products that the intelligence community prepares on Haiti, specifically, or on other countries characterized by chronic insecurity, instability, and poverty.
Submission to Congress.—
In general.— Not later than 1 year after the date of the enactment of this Act, the Director shall concurrently submit to the appropriate committees of Congress the intelligence community assessment produced under subsection (a) and the intelligence assessment produced under subsection (b).
Form.— The assessments submitted under paragraph (1) shall be submitted in classified form.
Definition of appropriate committees of congress.— In this subsection, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
SEC. 7413. Monitoring Iranian Enrichment of Uranium-235.
Significant Enrichment Activity Defined.— In this section, the term “significant enrichment activity” means—
any enrichment of any amount of uranium-235 to a purity percentage that is 5 percent higher than the purity percentage indicated in the prior submission to Congress under subsection (b)(1); or
any enrichment of uranium-235 in a quantity exceeding 10 kilograms.
Submission to Congress.—
In general.— Not later than 48 hours after the Director of National Intelligence assesses that the Islamic Republic of Iran has produced or possesses any amount of uranium-235 enriched to greater than 60 percent purity or has engaged in significant enrichment activity, the Director shall submit to Congress such assessment, consistent with the protection of intelligence sources and methods.
Duplication.— For any submission required by this subsection, the Director of National Intelligence may rely upon existing products that reflect the current analytic judgment of the intelligence community, including reports or products produced in response to congressional mandate or requests from executive branch officials.
TITLE V Matters Pertaining to United States Economic and Emerging Technology Competition with United States Adversaries
Subtitle A General Matters
SEC. 7501. Detail of Individuals from Intelligence Community to Department of Commerce.
Authority.— In order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may, acting through the Intelligence Community Civilian Joint Duty Program and in consultation with the Secretary of Commerce, advertise joint duty positions and detail or facilitate the detail of civilian employees from across the intelligence community to the Bureau of Industry and Security of the Department of Commerce.
Detail.— Detailees on a joint duty assignment (JDA) assigned pursuant to subsection (a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce.
Expertise.— The Director shall ensure that detailees referred to in subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence.
Duty Credit.— The detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege.
SEC. 7502. Intelligence Community Innovation Unit.
Establishment.— Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq.) is amended by inserting after section 103K the following new section (and conforming the table of contents at the beginning of such Act accordingly):
Ҥ 103L. Intelligence Community Innovation Unit
“(a) Definitions.—In this section:
“(1) Emerging technology.—the term ‘emerging technology’ has the meaning given that term in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 3024 note).
“(2) Unit.—The term ‘Unit’ means the Intelligence Community Innovation Unit.
“(b) Plan for Implementation of Intelligence Community Innovation Unit.—
“(1) Plan required.—Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024, the Director of National Intelligence shall develop a plan for how to implement the Intelligence Community Innovation Unit within the intelligence community.
“(2) Matters covered.—The plan developed pursuant to paragraph (1) shall cover how the Unit will—
“(A) benefit heads of the elements of the intelligence community in identifying commercial emerging technologies and associated capabilities to address critical mission needs of elements of the intelligence community;
“(B) provide to the heads of the elements of the intelligence community seeking to field commercial emerging technologies technical expertise with respect to such technologies.
“(C) facilitate the transition of potential prototypes and solutions to critical mission needs of the intelligence community from research and prototype projects to production; and
“(D) serve as a liaison between the intelligence community and the private sector, in which capacity such liaison shall focus on small- and medium-sized companies and other organizations that do not have significant experience engaging with the intelligence community.
“(3) Requirements.—The plan developed pursuant to paragraph (1) shall—
“(A) plan for not more than 50 full-time equivalent personnel; and
“(B) include an assessment as to how the establishment of the Unit would benefit the identification and evaluation of commercial emerging technologies for prototyping and potential adoption by the intelligence community to fulfill critical mission needs.
“(4) Submission to congress.—Upon completing development of the plan pursuant to paragraph (1), the Director shall—
“(A) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a copy of the plan; and
“(B) provide such committees and subcommittees a briefing on the plan.
“(c) Establishment.—To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this section, not later than 180 days after the date on which the Director of National Intelligence submits the plan pursuant to subsection (b)(4)(A), the Director of National Intelligence shall establish the Unit within the Office of the Director of National Intelligence.
“(d) Limitation.—The Unit shall not abrogate or otherwise constrain any element of the intelligence community from conducting authorized activities.
“(e) Director of the Intelligence Community Innovation Unit.—
“(1) Appointment; reporting.—The head of the Unit is the Director of the Intelligence Community Innovation Unit, who shall be appointed by the Director of National Intelligence and shall report directly to the Director of National Intelligence.
“(2) Qualifications.—In selecting an individual for appointment as the Director of the Intelligence Community Innovation Unit, the Director of National Intelligence shall give preference to individuals who the Director of National Intelligence determines have—
“(A) significant relevant experience involving commercial emerging technology within the private sector; and
“(B) a demonstrated history of fostering the adoption of commercial emerging technologies by the United States Government or the private sector.
“(f) Staff.—
“(1) In general.—In addition to the Director of the Intelligence Community Innovation Unit, the Unit shall be composed of not more than 50 full- time equivalent positions.
“(2) Staff with certain expertise.—The Director of National Intelligence shall ensure that there is a sufficient number of staff of the Unit, as determined by the Director, with expertise in—
“(A) other transaction authorities and nontraditional and rapid acquisition pathways for emerging technology;
“(B) engaging and evaluating small- and medium-sized emerging technology companies;
“(C) the mission needs of the intelligence community; and
“(D) such other skills or experiences as the Director determines necessary.
“(g) Authority Relating to Detailees.—Upon request of the Unit, each head of an element of the intelligence community may detail to the Unit any of the personnel of that element to assist in carrying out the duties under subsection (b) on a reimbursable or a nonreimbursable basis.
“(h) Ensuring Transition From Prototyping to Production.—The Director of the Intelligence Community Innovation Unit shall transition research and prototype projects to products in a production stage upon identifying a demonstrated critical mission need of one or more elements of the intelligence community and a potential mission partner likely to field and further fund upon maturation, including by designating projects as Emerging Technology Transition Projects under the pilot program required by section 6713 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 3024 note).
“(i) Encouragement of Use by Elements.—The Director of National Intelligence shall take such steps as may be necessary to encourage the use of the Unit by the heads of the other elements of the intelligence community.
“(j) Rules of Construction.—
“(1) No preferential treatment for private sector.—Nothing in this section shall be construed to require any element of the intelligence community to provide preferential treatment for any private sector entity with regard to procurement of technology construed as restricting or preempting any activities of the intelligence community.
“(2) No additional authority.—The Unit established pursuant to subsection (c) will be limited to the existing authorities possessed by the Director of National Intelligence.
“(k) Sunset.—The authorities and requirements of this section shall terminate on the date that is 5 years after the date of the establishment of the Unit.”
Clarification of Emerging Technology Definition.— Section 6701(8)(A) of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117– 263; 50 U.S.C. 3024 note) is amended by striking “ during the 10-year period beginning on January 1, 2022” and inserting “ during the subsequent 10-year period”.
Briefings.— Not later than 180 days after the date of the establishment of the Intelligence Community Innovation Unit pursuant to section 103L of the National Security Act of 1947, as added by subsection (a), and on a semiannual basis thereafter for 5 years, the Director of National Intelligence shall provide to the appropriate congressional committees a briefing on the status of the Intelligence Community Innovation Unit, the staffing levels of such Unit, and the progress of such Unit in identifying and facilitating the adoption of commercial emerging technologies capable of advancing the mission needs of the intelligence community.
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
Emerging technology.— The term “emerging technology” has the meaning given such term in section 103L of the National Security Act of 1947, as added by subsection (a).
SEC. 7503. Establishment of Office of Engagement.
Establishment.— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.), as amended by section 901, is further amended by adding at the end the following new section (and conforming the table of contents at the beginning of such Act accordingly):
“SEC. 122. OFFICE OF ENGAGEMENT.
“(a) Establishment.—There is within the Office of the Director of National Intelligence an Office of Engagement (in this section referred to as the ‘Office’).
“(b) Head; Staff.—
“(1) Head.—The Director of National Intelligence shall appoint as head of the Office an individual with requisite experience in matters relating to the duties of the Office, as determined by the Director of National Intelligence. Such head of the Office shall report directly to the Director of National Intelligence.
“(2) Staff.—To assist the head of the Office in fulfilling the duties of the Office, the head shall employ full-time equivalent staff in such number, and with such requisite expertise in matters relating to such duties, as may be determined by the head.
“(c) Duties.—The duties of the Office shall be as follows:
“(1) To ensure coordination across the elements of the intelligence community efforts regarding outreach, relationship development, and associated knowledge and relationship management, with covered entities, consistent with the protection of intelligence sources and methods.
“(2) To assist in sharing best practices regarding such efforts among the elements of the intelligence community.
“(3) To establish and implement metrics to assess the effectiveness of such efforts.
“(d) Covered Entity Defined.—In this section, the term ‘covered entity’ means an entity that is not an entity of the United States Government, including private sector companies, institutions of higher education, trade associations, think tanks, laboratories, international organizations, and foreign partners and allies.”
Deadline.— To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in section 122 of the National Security Act of 1947, as added by subsection (a), the Director of National Intelligence shall establish the Office of Engagement by not later than 1 year after the date of the enactment of this Act.
Transfer.— The Director shall transfer to the Office of Engagement all functions within the Office of the Director of National Intelligence that, on the day before the date of the enactment of this Act, performed duties set forth in section 122 of the National Security Act of 1947, as added by subsection (a).
Plan and Briefings.—
Plan.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a plan for the establishment of the Office of Engagement.
Quarterly briefings.— Not later than 1 year after the date of the establishment of the Office of Engagement, and on a quarterly basis for 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate, and the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives a briefing on the status of the Office, including with respect to the staffing levels, activities, and fulfilment of duties of the Office.
Rule of Construction.— Nothing in this section, or an amendment made by this section, shall be construed as restricting or preempting engagement or outreach activities of elements of the intelligence community.
Definitions.— In this section, the term “Office of Engagement” means the Office of Engagement established under section 122 of the National Security Act of 1947, as added by subsection (a).
SEC. 7504. Designation of a Chief Technology Officer Within Certain Elements of the Intelligence Community.
Designation Authority.— The head of each covered element of the intelligence community shall designate a senior official to serve as the chief technology officer of such element.
Covered Elements.— For purposes of this section, the covered elements of the intelligence community are the following:
The Central Intelligence Agency.
The Defense Intelligence Agency.
The Federal Bureau of Investigation.
The National Geospatial-Intelligence Agency.
The National Security Agency.
The National Reconnaissance Office.
Responsibility.— The chief technology officer of each covered element of the intelligence community shall be responsible for assisting the head of such element in the identification and adoption of technology to advance mission needs.
Prohibition of Dual Appointment.— Any chief technology officer designated pursuant to subsection (a) may not concurrently serve as the chief information officer, the chief data officer, or the principal science officer of any element of the intelligence community.
SEC. 7505. Requirement to Authorize Additional Security Clearances for Certain Contractors.
Definitions.— In this section:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
Covered contract or agreement.— The term “covered contract or agreement”, with respect to an entity, means a contract or other agreement between that entity and an element of the intelligence community the performance of which requires a specified number of covered persons to hold a security clearance.
Covered person.— The term “covered person”, with respect to an entity, means a contractor or employee of that entity.
Plan and Study.—
In general.— No later than April 1, 2024, the Director of National Intelligence shall—
complete a study on the feasibility and advisability of implementing a program to authorize additional security clearances for certain contractors as described in subsection (c);
develop a plan to implement the program described in subparagraph (A); and
submit to the appropriate committees of Congress—
a report on the findings of the Director with respect to the study completed pursuant to subparagraph (A); and
the plan developed pursuant to subparagraph (B).
Study elements.— The study completed pursuant to paragraph (1)(A) shall address the following:
For contracts agreed to after the date of the enactment of this Act, how private entities that contract with the intelligence community would make payments for additional clearances for their employees and how the intelligence community would receive payments.
A list of and changes to provisions of law required in order to fully implement the program required by subsection (c) and achieve the intent indicated in subparagraph (A) of this paragraph.
Such considerations as the Director may have for carrying out the program required by subsection (c) and achieving the intent indicated in subparagraph (A) of this paragraph.
Program to Authorize Additional Security Clearances for Certain Contractors.— Subject to the limitations described in subsection (d), the Director shall establish a program under which—
any entity that enters into a covered contract or agreement with an element of the intelligence community may designate an additional number of covered persons who may submit an application for a security clearance;
the appropriate authorized investigative agency and authorized adjudicative agency, as such terms are defined in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)), shall—
upon receiving such an application—
conduct an appropriate investigation of the background of the additional covered person; and
make a determination as to whether the additional covered person is eligible for access to classified information; and
if the determination under subparagraph (A)(ii) is favorable, upon any of the specified number of covered persons required to hold a security clearance for the performance of work under that covered contract or agreement becoming unable to perform such work, make a determination as to whether the additional covered person has a demonstrated need-to-know under Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, or Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any successor thereto (without requiring an additional investigation to be conducted under subparagraph (A)(i)); and
if the additional covered person receives a favorable determination regarding the need-to-know under paragraph (2)(B) and signs an approved nondisclosure agreement, the additional covered person may perform such work in lieu of such covered person.
Limitations.— The limitations described in this subsection are as follows:
Limitation on number designated per contract.— The additional number designated by an entity under the program established pursuant to subsection (c) for each covered contract or agreement may not exceed the greater of the following:
10 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement.
1 person.
Limitation on number designated per entity.— The total additional number designated by an entity under the program established pursuant to subsection (c) may not exceed the greater of the following:
10 percent of the sum total number of security clearances required to be held by covered persons to perform work under all covered contracts or agreements of the entity.
1 person.
Prohibitions.—
In general.— No application for a security clearance may be submitted by a covered person of an entity or granted pursuant to the program established under subsection (c) in excess of the limitations under subsection (d) applicable to such entity.
Prohibition on bearing costs.— No head of an element of the intelligence community may bear any cost associated with granting or maintaining a security clearance the application for which is submitted pursuant to subsection (c)(1).
Rule of Construction.— Nothing in this section may be construed as requiring the head of an element of the intelligence community to grant any covered person access to classified information if a favorable determination of eligibility to access such classified information is not made with respect to such person.
SEC. 7506. Intelligence Innovation Board.
Establishment of Intelligence Innovation Board.— There is established in the executive branch of the Federal Government a board to be known as the Intelligence Innovation Board (in this section referred to as the “Board”).
Purpose.— The purpose of the Board is to provide to the Director of National Intelligence and the heads of the other elements of the intelligence community advice and recommendations on changes to the culture, organizational structures, processes, and functions of the intelligence community necessary to address the adoption of emerging technologies by the intelligence community and to accelerate such adoption.
Membership.—
Appointment of members.— The Board shall be composed of 9 members appointed by the Director of National Intelligence, after consultation with the Chair and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives and the Chair and Vice Chair of the Select Committee on Intelligence of the Senate, from among citizens of the United States—
who are not officers or employees of an element of the intelligence community;
who are eligible to hold an appropriate security clearance;
who have demonstrated academic, government, business, or other expertise relevant to the mission and functions of the intelligence community; and
who the Director of National Intelligence determines—
meet at least 1 of the qualifications described in paragraph (2); and
do not present any active or potential conflict of interest.
Qualifications.—
In general.— The qualifications described in this paragraph are the following:
A proven track record of sound judgment in leading or governing a large and complex private sector corporation or organization.
A proven track record as a distinguished academic or researcher at an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
Demonstrated experience in identifying emerging technologies and facilitating the adoption of such technologies into the operations of large organizations in either the public or private sector.
Demonstrated experience in developing new technology.
Demonstrated experience in technical evaluations of commercial products.
Demonstrated expertise in privacy and civil liberties implications associated with emerging technologies.
Membership structure.— The Director shall ensure that no more than 4 concurrently serving members of the Board qualify for membership on the Board based predominately on a single qualification set forth under subparagraph (A).
Chair.— The Board shall have a Chair, who shall be appointed by the Director of National Intelligence from among the members of the Board, after consultation with the Chair and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives and the Chair and Vice Chair of the Select Committee on Intelligence of the Senate.
Notifications.— Not later than 30 days after the date on which the Director of National Intelligence appoints a member to the Board under paragraph (1), or appoints a member of the Board as Chair under paragraph (3), the Director shall notify the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives of such appointment in writing.
Terms.—
In general.— Except as provided in subparagraph (B), each member of the Board shall be appointed for a term of 2 years.
Vacancies.— A member of the Board appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of that term. A vacancy in the Board shall not affect the powers of the Board and shall be filled in the manner in which the original appointment was made.
Reappointments.— A member of the Board may not be reappointed for an additional term, unless the Director of National Intelligence certifies to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that reappointment for a single additional term is vital to the completion of an ongoing project or initiative of the Board.
Prohibition on compensation.— Members of the Board shall serve without pay.
Travel expenses.— Each member of the Board may reimbursement of reasonable travel expenses, subject to a process established by the Director and in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
Meetings.—
In general.— The Board shall meet as necessary to carry out its purpose and duties under this section, but shall meet in person not less frequently than on a quarterly basis. A majority of the members of the Board shall constitute a quorum.
Closed meetings.— Meetings of the Board may be closed to the public only to protect national security.
Staff.—
Composition.— To the extent and in such amounts as specifically provided in advance in appropriations Act for the purposes detailed in this section, the Board shall be supported by full-time staff with requisite experience to assist the Board in carrying out its purpose and duties under this section in such number as the Director of National Intelligence determines appropriate. Such staff may be appointed by the Director of National Intelligence or detailed or otherwise assigned from another element of the intelligence community.
Security clearances.— Staff of the Board, shall, as a condition of appointment, detail, or assignment to the Board, as the case may be, hold appropriate security clearances for access to the classified records and materials to be reviewed by the staff, and shall follow the guidance and practices on security under applicable Executive orders and Presidential or agency directives.
Reports.—
Submission.— Beginning on the date that is 2 years after the date on which the Board is established, and once every 2 years thereafter until the date on which the Board terminates under subsection (i), the Board shall submit to the Director of National Intelligence and the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the activities of the Board, which shall include, with respect to the period covered by the report, the following:
An assessment of the efforts of the intelligence community taken during such period to accelerate the adoption of competitive emerging technologies by the intelligence community, including such efforts taken with respect to the culture, organizational structures, processes, or functions of the intelligence community.
Recommendations on how the intelligence community may make further progress to accelerate such adoption, including recommendations on changes to the culture, organizational structures, processes, and functions of the intelligence community necessary for such accelerated adoption.
Any other matters the Board or the Director of National Intelligence determines appropriate.
Form.— Each report under paragraph (1) may be submitted in classified form, but if so submitted shall include an unclassified executive summary.
Termination.—
In general.— Except as provided in paragraph (2), the Board shall terminate on September 30, 2026.
Renewal.— The Director of National Intelligence may renew the Board for an additional 2-year period following the date of termination specified in paragraph (1) if the Director notifies the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives of such renewal.
Charter.—
In general.— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish a charter for the Board, consistent with this section.
Elements.— The charter established pursuant to paragraph (1) shall include the following:
Mandatory processes for identifying potential conflicts of interest, including the submission of initial and periodic financial disclosures by Board members.
The vetting of potential conflicts of interest by the Inspector General of the Intelligence Community.
The establishment of a process and associated protections for any whistleblower alleging a violation of applicable conflict of interest, Federal contracting, or other provision of law.
SEC. 7507. Programs for Next-Generation Microelectronics in Support of Artificial Intelligence.
Program Establishment.— Subject to the availability of appropriations, the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, shall establish or otherwise oversee a program to advance microelectronics research.
Research Focus.— The Director of National Intelligence shall ensure that the research carried out under the program established under subsection (a) is focused on the following:
Advanced engineering and applied research into next-generation computing models, materials, devices, architectures, and algorithms to enable the advancement of artificial intelligence and machine learning.
Efforts to—
overcome challenges with engineering and applied research of microelectronics, including with respect to the physical limits on transistors, electrical interconnects, and memory elements;
promote long-term advancements in computing technologies, including by fostering a unified and multidisciplinary approach encompassing research and development into—
next-generation algorithm design;
next-generation compute capability;
generative and adaptive artificial intelligence for design applications;
photonics-based microprocessors, including electrophotonics;
the chemistry and physics of new materials;
optical communication networks, including electrophotonics; and
safety and controls for generative artificial intelligence applications for the intelligence community.
Any other activity the Director determines would promote the development of microelectronics research for future technologies, including optical communications or quantum technologies.
Consideration, Consultation, and Collaboration.— In carrying out the program established under subsection (a), the Director of National Intelligence shall—
consider the national strategy developed pursuant to subsection (a)(3)(A)(i) of section 9906 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4656);
consult with the Secretary of Commerce; and
actively collaborate with relevant Government agencies and programs, including the programs established under subsection (c), (d), (e), and (f) of such section 9906 (15 U.S.C. 4656), academic institutions, and private industry to leverage expertise and resources in conducting research.
Authorization of Appropriations.— Amounts authorized to be appropriated for the National Intelligence Program of the Office of the Director of National Intelligence may be made available to carry out the program established under subsection (a).
Briefing Requirements.— The Director of the Intelligence Advanced Research Projects Activity shall provide to the congressional intelligence committees, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and, consistent with the protection of intelligence sources and methods, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, regular briefings on—
the progress, achievements, and outcomes of the program established under subsection (a);
the collaborations conducted pursuant to subsection (c); and
recommendations for future research priorities.
SEC. 7508. Program for Beyond 5g.
Establishment.— The Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, may initiate or otherwise carry out a program dedicated to research and development efforts relevant to 6G technology and any successor technologies, but only if such efforts are specific to potential applications of 6G technology (or any successor technologies) for the intelligence community or for other national security purposes.
Consultation and Coordination.— In carrying out any program under subsection (a), the Director shall consult and coordinate with—
relevant—
heads of Federal departments and agencies, including the Administrator of the National Telecommunications and Information Administration;
interagency bodies, such as the Committee for the Assessment of Foreign Participation in the United States Telecommunications Sector;
private sector entities;
institutions of higher learning; and
federally funded research and development centers; and
such other individuals and entities as the Director determines appropriate.
6G Technology Defined.— In this section, the term “6G technology” means hardware, software, or other technologies relating to sixth-generation wireless networks.
SEC. 7509. Intelligence Community Commercial Remote Sensing Requirements.
Sense of Congress.— It is the sense of Congress that—
the United States benefits from a robust commercial remote sensing industry that supports a science, technology, engineering, and mathematics academic pipeline, enables skilled manufacturing jobs, and fosters technological innovation;
commercial remote sensing capabilities complement and augment dedicated Government remote sensing capabilities, both when integrated into Government architectures and leveraged as stand-alone services;
the Director of National Intelligence and Under Secretary of Defense for Intelligence and Security should serve as the United States Government leads for commercial remote sensing procurement and seek to accommodate commercial remote sensing needs of the intelligence community, the Department of Defense, and Federal civil organizations under the preview of the cognizant functional managers; and
a transparent, sustained investment by the United States Government in commercial remote sensing capabilities—
is required to strengthen the United States commercial remote sensing commercial industry; and
should include electro-optical, synthetic aperture radar, hyperspectral, and radio frequency detection and other innovative phenemonology that may have national security applications.
Guidance Required.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security shall jointly develop guidance requiring the Commercial Strategy Board or, if that is not feasible, such other entities within the intelligence community and the Department of Defense that the Director and the Under Secretary determine appropriate, to perform, on a recurring basis, the following functions related to commercial remote sensing:
Validation of the current and long-term commercial remote sensing capability needs, as determined by the relevant functional managers, of the Department of Defense, the intelligence community, and Federal civil users under the preview of the cognizant functional managers.
Development of commercial remote sensing requirements documents that are unclassified and releasable to United States commercial industry.
Development of a cost estimate that is unclassified and releasable to United States commercial industry, covering at least 5 years, associated with fulfilling the requirements contained in the commercial remote sensing requirements documents referred developed under paragraph (2).
Funding Levels.— In the case of any fiscal year for which a cost estimate is developed under subsection (b)(3) and for which the budget of the President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) requests a level of funding for the procurement of commercial remote sensing requirements that is less than the amount identified in the cost estimate, the President shall include with the budget an explanation for the difference.
Report.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security shall jointly submit to the appropriate congressional committees a report on the implementation of subsection (b).
Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—
the congressional intelligence committees;
the congressional defense committees;
the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and
the Subcommittee on Defense of the Committee on Appropriations of the Senate.
SEC. 7510. Requirement to Ensure Intelligence Community Directives Appropriately Account for Artificial Intelligence and Machine Learning Tools in Intelligence Products.
Requirement.— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the appropriate committees of Congress a briefing on whether intelligence community directives in effect as of the date such briefing is provided furnish intelligence community analysts with sufficient guidance and direction with respect to the use of artificial intelligence and machine learning tools in intelligence products produced by the intelligence community.
Elements.— The briefing required under subsection (a) shall include—
a determination by the Director as to—
whether Intelligence Community Directive 203, Analytic Standards, Intelligence Community Directive 206, Sourcing Requirements for Disseminated Analytic Products, and any other intelligence community directive related to the production and dissemination of intelligence products by the intelligence community in effect as of the date the briefing under subsection (a) is provided furnish intelligence community analysts with sufficient guidance and direction on how to properly use, provide sourcing information about, and otherwise provide transparency to customers regarding the use of artificial intelligence and machine learning tools in intelligence products produced by the intelligence community; and
whether any intelligence community directive described in subparagraph (A) requires an update to provide such guidance and direction; and
with respect to the determination under paragraph (1)—
in the case the Director makes a determination that no update to an intelligence community directive described in such paragraph is required, an explanation regarding why such intelligence community directives currently provide sufficient guidance and direction to intelligence community analysts; and
in the case the Director makes a determination that an update to an intelligence community directive described in such paragraph is required, a plan and proposed timeline to update any such intelligence community directive.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
Subtitle B Next-generation Energy, Biotechnology, and Artificial Intelligence
SEC. 7511. Expanded Annual Assessment of Economic and Technological Capabilities of the People’s Republic of China and Related Briefing.
Briefing Required.— Not later than 45 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees a briefing on the status of the implementation by the Director of section 6503 of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263), including—
the expected timeline for establishing the working group required by subsection (a) of such section;
the expected timeline for such working group to submit to Congress the first assessment required by subsection (c)(2) of such section; and
whether any elements of the assessment described in subsection (c)(3) of such section, as amended by subsection (b), should be prepared in consultation with other working groups or entities within the Office of the Director of National Intelligence.
Modifications.— Section 6503(c) of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263) is amended—
in paragraph (1)—
in subparagraph (B), by inserting “ the Committee on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs,” after “ Transportation,”; and
in subparagraph (C), by inserting “ the Committee on Oversight and Accountability,” after “ and Means,”; and
in paragraph (3), by adding at the end the following:
“(I) A detailed assessment, prepared in consultation with all elements of the working group—
“(i) of the investments made by the People’s Republic of China in—
“(I) artificial intelligence;
“(II) next-generation energy technologies, especially small modular reactors and advanced batteries; and
“(III) biotechnology; and
“(ii) that identifies—
“(I) competitive practices of the People’s Republic of China relating to the technologies described in clause (i);
“(II) opportunities to counter the practices described in subclause (I);
“(III) countries the People’s Republic of China is targeting for exports of civil nuclear technology;
“(IV) countries best positioned to utilize civil nuclear technologies from the United States in order to facilitate the commercial export of those technologies;
“(V) United States vulnerabilities in the supply chain of these technologies; and
“(VI) opportunities to counter the export by the People’s Republic of China of civil nuclear technologies globally.
“(J) An identification and assessment of any unmet resource or authority needs of the working group that affect the ability of the working group to carry out this section.”
SEC. 7512. Assessment of Using Civil Nuclear Energy for Intelligence Community Capabilities.
Assessment Required.— The Director of National Intelligence shall, in consultation with the heads of such other elements of the intelligence community as the Director considers appropriate, conduct an assessment of capabilities identified by the Intelligence Community Continuity Program established pursuant to section E(3) of Intelligence Community Directive 118, or any successor directive, or such other intelligence community facilities or intelligence community capabilities as may be determined by the Director to be critical to United States national security, that have unique energy needs—
to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and
to identify such additional technologies, infrastructure, or authorities needed, or other potential obstacles, to commence use of a nuclear reactor to meet such needs.
Report.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress a report, which may be in classified form, on the findings of the Director with respect to the assessment conducted pursuant to subsection (a).
Appropriate committees of congress.— In this subsection, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and
the Committee on Oversight and Accountability, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.
SEC. 7513. Policies Established by Director of National Intelligence for Artificial Intelligence Capabilities.
In General.— Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is amended—
in subsection (a), in the matter preceding paragraph (1), by striking “ subsection (b)” and inserting “ subsection (c)”;
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following:
“(b) Policies.—
“(1) In general.—In carrying out subsection (a)(1), not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, the Director of the Office of Management and Budget, and such other officials as the Director of National Intelligence determines appropriate, shall establish the policies described in paragraph (2).
“(2) Policies described.—The policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that—
“(A) establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community;
“(B) establish minimum guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by—
“(i) specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance;
“(ii) documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties;
“(iii) specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and
“(iv) specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability;
“(C) establish minimum guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B);
“(D) establish minimum documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community;
“(E) establish minimum standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and
“(F) provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element.
“(3) Policy review and revision.—The Director of National Intelligence shall annually review or revise each policy established under paragraph (1).”
Conforming Amendment.— Section 6712(b)(1) of such Act (50 U.S.C. 3024 note) is amended by striking “ section 6702(b)” and inserting “ section 6702(c)”.
TITLE VI Classification Reform
SEC. 7601. Short Title.
This title may be cited as the “Sensible Classification Act of 2023”.
SEC. 7602. Promoting Efficient Declassification Review.
In General.— Whenever an agency is processing a request pursuant to section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”) or the mandatory declassification review provisions of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, and identifies responsive classified records that are more than 25 years of age as of December 31 of the year in which the request is received, the head of the agency shall, in accordance with existing processes to protect national security under the Freedom of Information Act and the mandatory review provisions of Executive Order 12526, review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration, unless the head of agency—
makes a certification to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, that the declassification of certain components within the record would be harmful to the protection of sources and methods or national security, pursuant to existing processes; and
provides an explanation to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, for such certification.
Application.— Subsection (a) shall apply regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration.
SEC. 7603. Training to Promote Sensible Classification.
Definitions.— In this section:
Over-classification.— The term “over-classification” means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the United States.
Sensible classification.— The term “sensible classification” means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the United States.
Training Required.— Each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to hold employees accountable for over-classification and to promote sensible classification.
SEC. 7604. Improvements to Public Interest Declassification Board.
Section 703 of the Public Interest Declassification Act of 2000 (50 U.S.C. 3355a) is amended—
in subsection (c), by adding at the end the following:
“(5) A member of the Board whose term has expired may continue to serve until the earlier of—
“(A) the date that a successor is appointed and sworn in; and
“(B) the date that is 1 year after the date of the expiration of the term.
“(6) Not later than 30 days after the date on which the term of a member of the Board ends, the appointing authority of the member shall submit to Congress a plan to appoint a successor.”
; and
in subsection (f)—
by inserting “ (1)” before “ Any employee”; and
by adding at the end the following:
“(2) In addition to any employees detailed to the Board under paragraph (1), the Board may, subject to the availability of funds, hire not more than 12 staff members.”
SEC. 7605. Implementation of Technology for Classification and Declassification.
In General.— Not later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Electronic Government (in this section referred to as the “Administrator”) shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration—
research a technology-based solutions—
to support efficient and effective systems for classification and declassification; and
to be implemented on an interoperable and federated basis across the Federal Government; and
submit to the President and Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, recommendations regarding a technology-based solutions described in paragraph (1).
Report.— Not later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report describing actions taken to implement the recommendations under subsection (a)(2).
SEC. 7606. Studies and Recommendations on Necessity of Security Clearances.
Agency Studies on Necessity of Security Clearances.—
Studies required.— The head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances.
Reports required.—
In general.— Not later than 1 year after the date of the enactment of this Act, each head of an agency that conducts a study under paragraph (1) shall submit to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate.
Required elements.— Each report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following:
The number of personnel eligible for access to information up to the “Top Secret” level.
The number of personnel eligible for access to information up to the “Secret” level.
Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1).
A description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions, commensurate with the size, needs, and mission of the agency.
Industry.— This subsection shall apply to the Secretary of Defense in the Secretary’s capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection.
Director of National Intelligence Review of Sensitive Compartmented Information.— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall—
review the number of personnel eligible for access to sensitive compartmented information; and
submit to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on how the Director will ensure that the number of such personnel is limited to the minimum required.
Agency Review of Special Access Programs.— Not later than 1 year after the date of the enactment of this Act, each head of an agency who is authorized to establish a special access program by Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, shall—
review the number of personnel of the agency eligible for access to such special access programs; and
submit to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on how the agency head will ensure that the number of such personnel is limited to the minimum required.
Secretary of Energy Review of Q and L Clearances.— Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall—
review the number of personnel of the Department of Energy granted Q and L access; and
submit to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required
Independent Reviews.— Not later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Office of Management and Budget shall each review the study or review, as the case may be.
TITLE VII Security Clearance and Trusted Workforce
SEC. 7701. Review of Shared Information Technology Services for Personnel Vetting.
Definition of Appropriate Committees of Congress.— In this section, the term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
In General.— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting, including with respect to human resources, suitability, and security.
SEC. 7702. Timeliness Standard for Rendering Determinations of Trust for Personnel Vetting.
Timeliness Standard.—
In general.— The President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards.
Quinquennial reviews.— Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent—
review the standards established pursuant to paragraph (1); and
pursuant to such review—
update such standards as the President considers appropriate; and
publish in the Federal Register such updates as may be made pursuant to clause (i).
Conforming amendment.— Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended by striking subsection (g).
Quarterly Reports on Implementation.—
In general.— Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5, United States Code) with the standards established pursuant to subsection (a).
Disaggregation.— Each report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel.
Complementary Standards for Intelligence Community.— The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).
SEC. 7703. Annual Report on Personnel Vetting Trust Determinations.
Definition of Personnel Vetting Trust Determination.— In this section, the term “personnel vetting trust determination” means any determination made by an executive branch agency as to whether an individual can be trusted to perform job functions or to be granted access necessary for a position.
Annual Report.— Not later than March 30, 2024, and annually thereafter for 5 years, the Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Security, Suitability, and Credentialing Performance Accountability Council, shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available, disaggregated, to the greatest extent possible, by the following:
Determinations of eligibility for national security-sensitive positions, separately noting—
the number of individuals granted access to classified national security information; and
the number of individuals determined to be eligible for but not granted access to classified national security information.
Determinations of suitability or fitness for a public trust position.
Status as a Government employee, a contractor employee, or other category.
Elimination of Report Requirement.— Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended by striking subsection (h).
SEC. 7704. Survey to Assess Strengths and Weaknesses of Trusted Workforce 2.0.
Not later than 1 year after the date of the enactment of this Act, and once every 2 years thereafter until 2029, the Comptroller General of the United States shall administer a survey to such sample of Federal agencies, Federal contractors, and other persons that require security clearances to access classified information as the Comptroller General considers appropriate to assess—
the strengths and weaknesses of the implementation of the Trusted Workforce 2.0 initiative; and
the effectiveness of vetting Federal personnel while managing risk during the onboarding of such personnel.
TITLE VIII Anomalous Health Incidents
SEC. 7801. Improved Funding Flexibility for Payments Made by the Central Intelligence Agency for Qualifying Injuries to the Brain.
Section 19A(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the following new paragraph:
“(3) Funding.—
“(A) In general.—Payment under paragraph (2) in a fiscal year may be made using any funds—
“(i) appropriated specifically for payments under such paragraph; or
“(ii) reprogrammed in accordance with section 504 of the National Security Act of 1947 (50 U.S.C. 3094).
“(B) Budget.—For each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31, United States Code, an estimate of the funds required in that fiscal year to make payments under paragraph (2).”
SEC. 7802. Clarification of Requirements to Seek Certain Benefits Relating to Injuries to the Brain.
In General.— Section 19A(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is amended—
by striking “ Payments made” and inserting the following:
“(A) In general.—Payments made”
; and
by adding at the end the following:
“(B) Relation to certain federal workers compensation laws.—Without regard to the requirements in sections (b) and (c), covered employees need not first seek benefits provided under chapter 81 of title 5, United States Code, to be eligible solely for payment authorized under paragraph (2) of this subsection.”
Regulations.— Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall—
revise applicable regulations to conform with the amendment made by subsection (a); and
submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations, as revised pursuant to paragraph (1).
SEC. 7803. Intelligence Community Implementation of Havana Act of 2021 Authorities.
Regulations.— Except as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community that has not already done so shall—
issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to provide payments under such sections, to the degree that such authorities are applicable to the head of the element; and
submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations.
Reporting.— Not later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on—
the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1);
an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and
any perceived barriers or concerns in implementing such authorities.
Alternative Reporting.— Not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives to explain this position.
SEC. 7804. Report and Briefings on Central Intelligence Agency Handling of Anomalous Health Incidents.
Definitions.— In this section:
Agency.— The term “Agency” means the Central Intelligence Agency.
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
Qualifying injury.— The term “qualifying injury” has the meaning given such term in section 19A(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).
In General.— Not later than 60 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the appropriate committees of Congress a report on the handling of anomalous health incidents by the Agency.
Contents.— The report required by subsection (b) shall include the following:
Priority cases.—
A detailed list of priority cases of anomalous health incidents, including any cases that the Agency has assessed as potentially resulting from an external stimulus or the actions of a foreign actor, including, for each case, locations, dates, times, and circumstances of the anomalous health incidents.
For each priority case listed in accordance with subparagraph (A)—
an explanation as to why such case was determined to be a priority case;
a description of each entity assigned to investigate the case;
a detailed explanation of each credible alternative explanation that the Agency assigned to the incident, including whether each individual affected by the incident was informed about and provided with an opportunity to appeal such credible alternative explanation; and
a detailed account of the input, data, evidence, or opinions the Agency has received from other agencies or components of the Federal Government that the Agency may have used to reach a conclusion on such case.
For each priority case of an anomalous health incident determined to largely display the core characteristics of an anomalous health incident established by the Intelligence Community Experts Panel, including each case for which the Agency does not have a credible alternative explanation, a detailed description of such case.
Anomalous health incident sensors.—
A list of all types of sensors that the Agency has developed or deployed with respect to reports of anomalous health incidents, including, for each type of sensor, the deployment location, the date and the duration of the employment of such type of sensor, and, if applicable, the reason for removal.
A list of entities to which the Agency has provided unrestricted access to data from sensors associated with anomalous health incidents.
A list of requests for support the Agency has received from elements of the Federal Government regarding sensor development, testing, or deployment, and a description of the support provided in each case.
A description of each emitter signature that the Agency prioritizes as a threat obtained by sensors associated with anomalous health incidents in Agency holdings since 2016, and an explanation of such prioritization.
Additional Submissions.— Concurrent with the submission of the report required by subsection (b), the Director of the Central Intelligence Agency shall submit to the appropriate committees of Congress—
a report on the length of time, from the time of initial application, for an applicant for payment under the Expanded Care Program of the Central Intelligence Agency to receive a determination from the Agency, disaggregated by qualifying injuries and qualifying injuries to the brain;
copies of all informational and instructional materials provided to employees of and other individuals affiliated with the Agency, with respect to applying for the Expanded Care Program; and
copies of Agency guidance provided to employees of and other individuals affiliated with the Agency, with respect to reporting and responding to a suspected anomalous health incident, and the roles and responsibilities of each element of the Agency tasked with responding to a report of an anomalous health incident.
Briefing Requirement.—
In general.— Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall brief the appropriate committees of Congress on the report required by subsection (b).
Additional briefings.— Upon request of the appropriate committees of Congress, the Director shall brief such committees on anomalous health incidents.
Availability.— The Director shall ensure that employees and other personnel of the Agency are made available for briefings under this subsection.
TITLE IX Other Matters
SEC. 7901. Technical Corrections.
National Security Act of 1947.— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
in section 102A(n) (50 U.S.C. 3024(n)) by redesignating the second paragraph (5) as paragraph (6);
in section 503(c)(3) (50 U.S.C. 3093(c)(3)), by striking “ section” and inserting “ subsection”;
in section 805(6) (50 U.S.C. 3164(6)), by striking “ sections 101 (a) and (b)” and inserting “ subsections (a) and (b) of section 101”; and
in section 1102A (50 U.S.C. 3232a)—
in subsection (b)(3), by striking “ subsection (2)” and inserting “ paragraph (1)”; and
in subsection (c)(4)(C)(iv), by striking “ wavier” and inserting “ waiver”.
Intelligence Authorization Act for Fiscal Year 2023.— The Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263) is amended—
in section 6422(b) (50 U.S.C. 3334l(b)), by striking “ Congressional” and inserting “ congressional”; and
in section 6732(b) (50 U.S.C. 3024 note; 136 Stat. 3583), by striking “ paragraph (5)” and inserting “ paragraph (6)”.
David L. Boren National Security Education Act of 1991.— The David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended—
in section 802(j)(6) (50 U.S.C. 1902(j)(6))—
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and
in subparagraph (B), as so redesignated, by striking “ subparagraph (D)” and inserting “ subparagraph (C)”;
in section 803(d)(9)(D) (50 U.S.C. 1903(d)(9)(D)), by striking “ Local” and inserting “ local”; and
in section 808(4)(A) (50 U.S.C. 1908(4)(A)), by striking “ a agency” and inserting “ an agency”.
Central Intelligence Agency Retirement Act.— The Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) is amended—
in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by striking “ subsection 241(c)” and inserting “ section 241(c)”;
in section 263(g)(1) (50 U.S.C. 2093(g)(1)), by striking “ Fund” and inserting “ fund”;
in section 271(b) (50 U.S.C. 2111(b)), by striking “ section 231(b)” and inserting “ section 231(c)”; and
in section 304(c) (50 U.S.C. 2154(c))—
in paragraph (1)(B)(i), by striking “ title 50” and inserting “ title 5”; and
in paragraph (5)(A)(ii), by striking “ sections” and inserting “ section”.
Intelligence Reform and Terrorism Prevention Act of 2004.— Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended—
in subsection (a)—
in paragraph (4)(B)(i), by striking the semicolon and inserting “ );”; and
in paragraph (9)(A), by striking “ with industry” and inserting “ within industry”; and
in subsection (j)(1)(C)(i), by striking “ (d),” and all that follows through “ section 8H” and inserting “ (d), and (h) of section 8H”.
Intelligence Authorization Act for Fiscal Year 2003.— The Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat. 2383) is amended—
in section 313(d)(3)(B) (50 U.S.C. 3361(d)(3)(B)), by adding a period at the end; and
in section 343(d)(1) (50 U.S.C. 3363(d)(1)), by striking “ Not later then” and inserting “ Not later than”.
Central Intelligence Agency Act of 1949.— The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended—
in section 4—
in subsection (a)(1)(E) (50 U.S.C. 3505(a)(1)(E)), by striking the period at the end and inserting “ ; and”; and
in subsection (b)(2) (50 U.S.C. 3505(b)(2)), by striking “ authorized by section” and inserting “ authorized by sections”;
in section 6 (50 U.S.C. 3507), by striking “ or of the, names” and inserting “ or of the names”;
in section 12(a)(2)(A) (50 U.S.C. 3512(a)(2)(A)), by striking “ used only for—"” and inserting “ used only for—”;
in section 17—
in subsection (d)(5)(B)(ii) (50 U.S.C. 3517(d)(5)(B)(ii)), by adding a period at the end; and
in subsection (e)(4) (50 U.S.C. 3517(e)(4)), by striking “ which oath affirmation, or affidavit” and inserting “ which oath, affirmation, or affidavit”; and
in section 19(a)(2) (50 U.S.C. 3519(a)(2)), by striking “ , as a participant” and inserting “ as a participant”.
Central Intelligence Agency Voluntary Separation Pay Act.— Section 2(a)(1) of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 3519a(a)(1)) is amended by adding “ and” at the end.
National Security Agency Act of 1959.— Section 16(d)(1) of the National Security Agency Act of 1959 (50 U.S.C. 3614(d)(1)) is amended by striking “ program participant,” and inserting “ program participant”.
Intelligence Authorization Act for Fiscal Year 1995.— Section 811(e)(7) of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 3381(e)(7)) is amended by striking “ sections 101 (a) and (b)” and inserting “ subsections (a) and (b) of section 101”.
Coordination With Other Amendments Made by This Act.— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
SEC. 7902. Extension of Title Vii of Fisa.
In General.— Section 403(b) of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 is amended—
in paragraph (1) (Public Law 110–261; 50 U.S.C. 1881 note), by striking “ December 31, 2023” and inserting “ April 19, 2024”; and
in paragraph (2) (Public Law 110–261; 18 U.S.C. 2511 note), in the matter preceding subparagraph (A), by striking “ December 31, 2023” and inserting “ April 19, 2024”.
Conforming Amendment.— Section 404(b) of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 is amended in paragraph (1) in the paragraph heading, by striking “ december 31, 2023” and inserting “ April 19, 2024”.