Union Calendar No. 129
118th CONGRESS 1st Session |
[Report No. 118–162]
To authorize appropriations for fiscal year 2024 for intelligence and intelligence related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
June 7, 2023
Mr. Turner introduced the following bill; which was referred to the Permanent Select Committee on Intelligence
August 18, 2023
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 7, 2023]
To authorize appropriations for fiscal year 2024 for intelligence and intelligence related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Intelligence Authorization Act for Fiscal Year 2024”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 201. Authorization of appropriations.
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by law.
Sec. 303. Prohibition on availability of funds to implement Executive Order 13556.
Sec. 304. Nonapplicability of certain prohibitions relating to modification of account structure for National Intelligence Program budget.
Sec. 305. Secure communication between Congress and intelligence community.
Sec. 401. Enhanced personnel security review with respect to social media.
Sec. 402. Limitation on authority of Director of National Intelligence to establish additional national intelligence centers.
Sec. 403. Improvements relating to intelligence community staffing, details, and assignments.
Sec. 404. Insider threats.
Sec. 405. Modification of deadline for annual submission of National Intelligence Priorities Framework.
Sec. 406. Matters relating to chief data officers of intelligence community.
Sec. 407. Modification to special pay authority for science, technology, engineering, or mathematics positions.
Sec. 408. Annual report on unfunded priorities of intelligence community.
Sec. 409. Notice to Congress of counterintelligence threats to legislative branch.
Sec. 410. Congressional notice of counterintelligence investigations into persons holding elected offices and candidates for such offices.
Sec. 411. Submission of legislative proposals.
Sec. 412. Sunset of certain intelligence community reporting requirements.
Sec. 413. Notice and damage assessment with respect to significant unauthorized disclosure of classified national intelligence.
Sec. 414. In-state tuition rates for certain members of intelligence community.
Sec. 415. Repeal of study on personnel under Strategic Intelligence Partnership Program.
Sec. 416. Authorization relating to certain intelligence and counterintelligence activities of Coast Guard.
Sec. 417. Intelligence Community Counterintelligence Offices.
Sec. 418. Termination of Climate Security Advisory Council.
Sec. 419. Limitation on availability of funds for Federal Bureau of Investigation pending submission of information regarding certain media engagements.
Sec. 420. Limitation on availability of funds for Federal Bureau of Investigation pending submission of certain memorandum relating to budget.
Sec. 421. Limitation on availability of funds for Office of the Director of National Intelligence pending submission of certain documents and annexes.
Sec. 431. Inclusion of counternarcotics as special topic in certain budget justification materials.
Sec. 432. Development of plan to make open-source intelligence products available to certain Federal employees.
Sec. 433. Intelligence community-wide policy on prepublication review.
Sec. 434. Review relating to confidential human source program of Federal Bureau of Investigation.
Sec. 435. Inspector General of the Intelligence Community assessment of Overt Human Intelligence Collection Program of Department of Homeland Security.
Sec. 436. Intelligence assessments regarding Haiti.
Sec. 437. Intelligence assessment of influence operations by People’s Republic of China toward Pacific Islands countries.
Sec. 438. Independent study on economic impact of military invasion of Taiwan by People’s Republic of China.
Sec. 439. Reports on civilian casualties caused by certain operations of foreign governments.
Sec. 440. Report by Director of National Intelligence on Uyghur genocide.
Sec. 441. Technical corrections.
Sec. 501. Extension of authority to engage in commercial activities as security for intelligence collection activities.
Sec. 502. Modification of reporting requirement for All-Domain Anomaly Resolution Office.
Sec. 503. Military intelligence collection and analysis partnerships.
Sec. 504. Authorization for establishment of National Space Intelligence Center as field operating agency.
Sec. 505. Defense Intelligence Agency assessment of strategic competition in Latin America and the Caribbean.
Sec. 506. Quarterly briefings relating to use of Military Intelligence Program funds.
Sec. 601. Congressional notification by National Security Agency of intelligence collection adjustments.
Sec. 602. Modifications to enforcement of cybersecurity requirements for national security systems.
Sec. 603. Support by intelligence community for certain cross-functional team of Department of Defense.
Sec. 604. Commercial Cloud Enterprise notification.
Sec. 605. Commercial Cloud Enterprise sole source task order notification requirement.
Sec. 606. Analysis of commercial cloud initiatives of intelligence community.
Sec. 701. Inspector General of the Central Intelligence Agency quarterly employee engagement summaries.
Sec. 702. Improved funding flexibility for payments made by Central Intelligence Agency for qualifying injuries to brain.
Sec. 703. Benjamin Tallmadge Institute as primary Central Intelligence Agency entity for education and training in counterintelligence.
Sec. 704. Central Intelligence Agency intelligence assessment of Sinaloa Cartel and Jalisco Cartel.
Sec. 705. Central Intelligence Agency intelligence assessment with respect to efforts by People’s Republic of China to increase influence in Middle East.
Sec. 706. Assessment of availability of mental health and chaplain services to Agency employees.
Sec. 707. Assessment by Director of Central Intelligence Agency on certain effects of Abraham Accords.
Sec. 801. Reporting and investigation of allegations of sex-related offenses and sexual harassment in Central Intelligence Agency.
Sec. 901. Intelligence Community Innovation Unit.
Sec. 902. Establishment of Office of Engagement.
Sec. 903. Requirement for a chief technology officer within each element of the intelligence community.
Sec. 904. Requirement to authorize additional security clearances for certain contractors.
Sec. 905. Intelligence Innovation Board.
Sec. 906. Programs for next-generation microelectronics in support of artificial intelligence.
Sec. 907. Program for Beyond 5G.
Sec. 908. Intelligence community commercial remote sensing requirements.
Sec. 909. Requirement to ensure intelligence community directives appropriately account for artificial intelligence and machine learning tools in intelligence products.
In this Act:
(1) 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).
(2) INTELLIGENCE COMMUNITY.—The term “intelligence community” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
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.
(a) 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 Act.
(b) Availability of classified schedule of authorizations.—
(1) 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.
(2) 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.
(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
(A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
(a) 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 $715,200,000.
(b) 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).
The authorization of appropriations by this Act 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.
Appropriations authorized by this Act 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.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for an element of the intelligence community may be obligated or expended to implement Executive Order 13556 (75 Fed. Reg. 68675; relating to controlled unclassified information), or any successor order.
None of the prohibitions under section 8067 of the Consolidated Appropriations Act, 2023 (Public Law 117–328) shall apply with respect to amounts authorized to be appropriated by this Act.
(a) In general.—The Director of National Intelligence shall provide secure communications to support the oversight functions of the congressional intelligence committees, including through the procurement, installation, configuration, and maintenance of sufficient software, connectivity, information technology equipment, computers, printers, and related peripheral equipment to ensure that such committees are able to communicate with the intelligence community through secure data, voice, and video communications at all classification levels.
(b) On-premises support.—During any period when either the Senate or House of Representatives is in session, or upon the request of either of the congressional intelligence committees, the Director shall provide to such committees timely on-premises support to ensure the efficient operation of networks, equipment, and software and the resolution of any related issues.
(c) Governance.—The Director, in coordination with designated congressional leaders, shall establish governance and security policies applicable to the connectivity, equipment, and software provided under subsection (a).
(d) Budget.—The Director shall ensure that within the budget of the Office of the Director of National Intelligence there is a specific expenditure center and project to be used to carry out this section.
(e) Treatment as congressional records.—Any data stored or transmitted by the congressional intelligence committees through networks, equipment, or software provided under subsection (a) is a congressional record and shall not be treated as an agency record for purposes of section 552 of title 5, United States Code, (commonly known as the “the Freedom of Information Act”) or any other law.
(a) Sense of Congress.—It is the sense of Congress that—
(1) the intelligence community should take appropriate measures to thoroughly and in a timely manner investigate and adjudicate prospective applicants for sensitive national security positions within the intelligence community;
(2) the intelligence community should use existing authorities to ensure robust continuous vetting for continued eligibility for access to classified information and carefully manage the speed and accuracy of the security clearance adjudication process at both the initial investigation process and throughout the career of personnel serving in positions within the intelligence community;
(3) the intelligence community must balance the increasing demand for recruiting the best talent to meet personnel requirements in an expeditious manner while still maintaining a dedicated and patriotic workforce with allegiance to the Constitution and the United States Government;
(4) the availability of social media to the national security workforce of the United States, including both private and public accounts, can enable the unauthorized disclosure of classified national security information in an instant, which endangers the United States and its partners and allies, and empowers foreign adversaries; and
(5) to ensure the loyalty and patriotism of the trusted national security and intelligence community workforce of the United States, the intelligence community must fully use available vetting resources and all authorities prescribed by law, while guaranteeing all constitutional protections of such workforce.
(b) Enhanced personnel security review with respect to social media.—Section 11001(b) of title 5, United States Code, is amended by adding at the end the following new paragraph:
“(3) SPECIAL REQUIREMENTS WITH RESPECT TO SOCIAL MEDIA.—
“(A) IN GENERAL.—Information obtained and integrated from sources described in paragraph (1) shall include any publicly available social media information relating to the covered individual.
“(B) DISCLOSURE BY COVERED INDIVIDUALS.—The enhanced personnel security program of an agency shall include a requirement that a covered individual disclose any username or alias used by the covered individual on any social media account, including both private and public social media accounts, but may not require the covered individual to disclose any password for any such account.”.
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
(1) by amending section 102A(f)(2) (50 U.S.C. 3024(f)(2)) to read as follows:
“(2) (A) The Director of National Intelligence shall oversee the National Counterterrorism Center, the National Counterproliferation and Biosecurity Center, the National Counterintelligence and Security Center, the Foreign Malign Influence Center, and the Cyber Threat Intelligence and Integration Center.
“(B) The Director of National Intelligence may establish a new national intelligence center, or assign a new function to a national intelligence center, but only if—
(2) by amending section 103(c)(14) (50 U.S.C. 3025(c)(14)) to read as follows:
(3) by amending section 119B(a) (50 U.S.C. 3058(a)) to read as follows:
(a) 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—
(1) in the matter preceding clause (i), by striking “personnel policies” and inserting “binding personnel policies”;
(b) Required staffing document for Office of Director of National Intelligence.—
(1) 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.
(2) ELEMENTS.—The document under paragraph (1) shall include, with respect to each position set forth in the document, the following:
(B) The directorate, center, office, or other component of the Office of the Director of National Intelligence within which the position is.
(3) 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.
Section 102A(f) of the National Security Act of 1947 (50 U.S.C. 3024(f)) is amended—
(2) 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
“(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.”.
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”.
(a) 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, as the case may be, may not, while so serving, serve as the Intelligence Community Chief Data Officer under section 103K or as the chief data officer of any other element of the intelligence community.”.
(b) Clarification of duties of Intelligence Community Chief Data Officer.—
(1) 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”.
(2) 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—
(3) BRIEFING.—Prior to the date on which the Director completes the reorganization under paragraph (2), the Director shall provide to the congressional intelligence committees a briefing regarding—
(B) 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.
(c) 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 congressional intelligence committees 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.
(a) Modification.—Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a) is amended—
(1) in the section heading, by inserting “and positions requiring banking or financial services expertise” after “mathematics positions”;
(2) in subsection (a)—
(B) 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”;
(D) 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
(b) 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.”.
(c) 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 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—
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”.
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. Notice to Congress of counterintelligence threats to legislative branch and legislative branch officials.
“(a) Notification, briefings, and preparation of reports.—Consistent with the protection of intelligence sources and methods, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly—
“(1) notify, in a timely manner, congressional leadership of any counterintelligence threat to the legislative branch or a legislative branch official;
“(2) provide to legislative branch officials determined appropriate by the Directors, including any such official targeted or compromised by such a threat, briefings on the defense against such threats; and
“(3) prepare reports that include specific information concerning such threats to the legislative branch or legislative branch officials but exclude the intelligence sources or methods by which such information has been obtained, to facilitate the increased distribution of specific information concerning such threats.
“(b) Defensive priority.—In determining the appropriateness of disseminating information on counterintelligence threats (including information associated with a sensitive intelligence matter or ongoing criminal investigation) or of providing a briefing on the defense against such threats under subsection (a), the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall seek to resolve such determination in favor of the action most compatible with enhancing the defense of the legislative branch against such threats.
“(c) Quarterly reports.—
“(1) REQUIREMENT.—On a quarterly basis, the Director of National Intelligence shall submit to congressional leadership a report on counterintelligence threats to the legislative branch or legislative branch officials.
“(2) MATTERS.—Each report under paragraph (1) shall include, with respect to the quarterly period covered by the report, the following:
“(A) A description of any counterintelligence threat to the legislative branch or a legislative branch official (including the identity of any such official) identified during such period.
“(B) An identification of each date on which the intelligence community became aware of such a threat.
“(d) Definitions.—In this section:
“(1) CONGRESSIONAL LEADERSHIP.—The term ‘congressional leadership’ means—
“(2) LEGISLATIVE BRANCH.—The term ‘legislative branch’ has the meaning given that term in section 202 of title 18, United States Code.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), as amended by section 409, 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. 517. Congressional notice of counterintelligence investigations into Federal elected officials and candidates in elections for Federal office.
“(a) Notice requirement.—Notwithstanding section 533 of title 28, United States Code, the delegation of the authorities of the Attorney General, or any other delegation of authority, direction, or policy of the executive branch, the Director of Federal Bureau of Investigation shall notify congressional leadership not later than 48 hours after the commencement of a counterintelligence investigation into a person who holds an elected Federal office or a candidate in an election for such an office. Such notification shall include a summary of the relevant facts associated with the counterintelligence investigation and the identity of the person subject to such investigation.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), as amended by section 410, 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. 518. 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 any legislative provisions that are proposed by the Director to be enacted as part of the annual intelligence authorization bill for that fiscal year.”.
Title V of the National Security Act of 1947 (50 U.S.C. 3091), as amended by section 411, 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. 519. Termination of certain reporting requirements.
“(a) Sunset.—Effective on December 31, 2025, each report described in subsection (b) that is still required to be submitted to Congress as of such date shall no longer be required to be submitted to Congress.
“(b) Reports described.—Except as provided in subsection (c), a report described in this subsection is a recurring report that is required to be submitted to Congress by the Director of National Intelligence, or by any officer, official, component, or element of the Office of the Director of National Intelligence, pursuant to—
“(c) Exceptions.—Subsection (a) shall not apply with respect to any of the following:
“(2) A report required in conjunction with a provision of law that requires a certification, determination or comparable finding, or authorizing waiver with respect to a condition, limitation, or comparable restriction.
“(3) A recurring report required by a provision of law that specifies when the requirement to submit the report terminates.
“(4) An annual report required by section 108B of the National Security Act of 1947 (50 U.S.C. 3043b).
“(d) Report to Congress.—Not later than February 1, 2024, the Director of National Intelligence shall submit to the congressional intelligence committees a report that includes—
“(1) a list of all reports that the Director determines are described in subsection (b) and not subject to an exception under subsection (c); and
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 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 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; and
“(B) in the case of an actual disclosure, 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 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.
“(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 of classified national intelligence shall include—
“(B) a summary of the contents of the national intelligence revealed or potentially revealed, as the case may be, by such disclosure;
“(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—
“(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 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.”.
(a) 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—
(3) 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.”.
(b) 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.
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).
(a) Authorization.—Consistent with the policies, procedures, and coordination required pursuant to section 811 of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 3381) and section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382), the Commandant of the Coast Guard may obligate and expend amounts made available under the National Intelligence Program for the intelligence and counterintelligence activities of the Coast Guard to conduct such an activity without regard to any other provision of law or regulation relating to the obligation, expenditure, or accounting of Government funds, if—
(b) Treatment of certification.—Each written certification under subsection (a)(2) shall be deemed a full and sufficient voucher for the expenditure of the amount expressed therein, and is final and conclusive upon the accounting officers of the United States.
(c) Limitation.—Except as provided in subsection (d), of the funds made available under the National Intelligence Program for a fiscal year for the intelligence and counterintelligence activities of the Coast Guard, not more than 5 percent may be expended during the fiscal year under subsection (a) to conduct such activities in accordance with such subsection unless, for each intended expenditure in excess of such percentage—
(d) Waiver.—
(e) National Intelligence Program defined.—In this section, the term “National Intelligence Program” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(a) Establishment of offices.—
(1) AGREEMENTS WITH DEPARTMENTS AND AGENCIES.—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 head of a designated Federal department or agency under which the Director of National Intelligence and the head of the designated Federal department or agency shall establish within the designated Federal department or agency an office, which shall be known as an “Intelligence Community Counterintelligence Office”, in accordance with this section.
(b) Personnel.—
(1) DIRECTOR.—
(A) APPOINTMENT.—The head of an Intelligence Community Counterintelligence Office established within a designated Federal department or agency pursuant to this section shall be the Director of the Intelligence Community Counterintelligence Office of the department or agency who is appointed by the Director of National Intelligence. The Director of the Intelligence Community Counterintelligence Office shall—
(i) be supervised and subject to performance evaluations by the Director of the National Counterintelligence and Security Center, in consultation with the head of the department or agency;
(B) RESPONSIBILITIES.—The Director of an Intelligence Community Counterintelligence Office at a designated Federal department or agency shall carry out the following responsibilities:
(i) Serving as the head of the Intelligence Community Counterintelligence Office of the department or agency, with supervisory responsibility for the Office and any other personnel assigned to the Office.
(ii) Advising the head of the department or agency on counterintelligence and intelligence information.
(iii) Ensuring that counterintelligence threat information and, as appropriate, finished intelligence on topics related to the functions of the department or agency, are provided to appropriate personnel of the department or agency without delay.
(iv) Ensuring critical intelligence relevant to the head of the department or agency is requested and disseminated in a timely manner.
(v) Establishing, as appropriate, mechanisms for collaboration through which department or agency subject matter experts, including those without security clearances, can share information and expertise with the intelligence community.
(vi) 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 or agency with a need-to-know.
(vii) Advising the head of the agency or department on methods to improve the counterintelligence posture of the agency or department.
(2) DEPUTY DIRECTOR.—Each Intelligence Community Counterintelligence Office established within a department or agency shall have a Deputy Director who is appointed by the head of the department or agency, in coordination with the Director of National Intelligence. The Deputy Director shall—
(A) be supervised and subject to performance evaluations by the head of the department or agency, in consultation with the Director of the National Counterintelligence and Security Center;
(3) OTHER EMPLOYEES.—
(A) JOINT DUTY ASSIGNMENT.—Each Intelligence Community Counterintelligence Office shall have such other employees as the Director of National Intelligence, in consultation with the head of the department or agency, determines appropriate. Employment at an Intelligence Community Counterintelligence Office is an intelligence community joint duty assignment. A permanent change of station to an Intelligence Community Counterintelligence Office shall be for a period of not less than 2 years.
(B) SUPERVISION.—The Director of the Intelligence Community Counterintelligence Office of a department or agency shall be responsible for the supervision and management of employees assigned to the Office of that department or agency, including employees assigned by program elements of the intelligence community and other Federal departments and agencies, as appropriate.
(C) 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 Office of that element, department, or agency from amounts authorized to be appropriated for the Office of the Director of National Intelligence.
(D) OPERATION UNDER AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE.—Employees assigned to an 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 Office, except for temporary duty assignment employees.
(E) INCENTIVE PAY.—
(i) IN GENERAL.—An employee who accepts employment at an Intelligence Community Counterintelligence Office during the 120-day period after the date of the establishment of the 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 such 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 Office determines the performance of the employee is exceptional.
(ii) ADDITIONAL INCENTIVE PAYMENTS FOR OTHER EMPLOYMENT.—An employee who receives an incentive payment or payments under clause (i) for accepting employment in an Intelligence Community Counterintelligence Office may receive an additional incentive payment or payments if the employee accepts employment at a different Intelligence Community Counterintelligence Office. Such payments shall be made under the same terms and conditions as payments under clause (i), except that the amount of each incentive payment shall be 5 percent of the base annual pay of the employee.
(c) Funding.—Amounts authorized to be appropriated for the National Intelligence Program of the Office of the Director of National Intelligence may be made available for—
(1) the renovation, furnishing, and equipping of a Federal building, as necessary, to meet the security and operational requirements of an Intelligence Community Counterintelligence Office;
(2) the provision of connectivity to the Intelligence Community Counterintelligence Office of a Federal department or agency that is located within the building of that department or agency to enable briefings, secure audio and video communications, and collaboration between employees of the department or agency and the intelligence community at the unclassified, secret, and top secret levels;
(3) the provision of other information technology systems and devices, such as computers, printers, and phones, for use by employees of an Intelligence Community Counterintelligence Office;
(d) Deadline for establishment of Office in Department of Agriculture.—
(1) ESTABLISHMENT.—Not later than January 1, 2025, the Director of National Intelligence shall seek to establish, in accordance with this section, an Intelligence Community Counterintelligence Office within the Department of Agriculture.
(2) 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 a report on the plan to establish the Office required under paragraph (1). Such report shall include the costs and schedule associated with establishing such Office.
(a) Termination.—The Climate Security Advisory Council established under section 120 of the National Security Act of 1947 (50 U.S.C. 3060) shall terminate on the date that is 180 days after the date of the enactment of this Act.
(b) Wind-down period.—During the 180-day period beginning on the date of the enactment of this Act and ending on the date of the termination of the Climate Security Advisory Council under subsection (a)—
(c) Conforming repeal.—
(1) REPEAL.—Section 120 of the National Security Act of 1947 (50 U.S.C. 3060) is repealed (and conforming the table of contents accordingly).
(a) Findings.—Congress finds that the Director of the Federal Bureau of Investigation has previously agreed to provide the information specified in subsection (b).
(b) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available under the National Intelligence Program for fiscal year 2024 for the Federal Bureau of Investigation, not more than 98 percent may be obligated or expended until the Director of the Federal Bureau of Investigation submits to the congressional intelligence committees a list of media backgrounders conducted by personnel of the Federal Bureau of Investigation relating to the 2020 election for President or foreign malign influence in the lead up to such election, the dates of such engagements, and the persons with whom such engagements were held.
(c) National Intelligence Program defined.—In this section, the term “National Intelligence Program” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available under the National Intelligence Program for fiscal year 2024 for the Federal Bureau of Investigation, not more than 99.9 percent may be obligated or expended until the Director of the Federal Bureau of Investigation, in coordination with the Director of National Intelligence, submits to the congressional intelligence committees the memorandum of agreement that governs the policy of the Federal Bureau of Investigation on budget execution.
(b) National Intelligence Program defined.—In this section, the term “National Intelligence Program” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Office of the Director of National Intelligence, not more than 97 percent may be obligated or expended until the date on which the Director of National Intelligence submits each document and, if applicable, each annex that is required under section 515 of the National Security Act of 1947 (50 U.S.C. 3114) but that, as of the date of the enactment of this Act, has not been submitted.
(a) 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.
(b) 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—
(2) a breakdown of such requested funding by program, budget category, intelligence discipline, and any other appropriate classification;
(3) a comparison of aggregate requested funding and aggregate enacted funding for counternarcotics for the current fiscal year and the previous fiscal year;
(a) 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 congressional intelligence committees a plan to make available to covered individuals any covered open-source intelligence product.
(b) Elements.—The plan required under subsection (a) shall include the following:
(1) 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.
(2) 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.
(3) 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).
(4) 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.
(5) 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).
(c) Form.—The plan required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) 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—
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, an intelligence community-wide policy regarding prepublication review.
(a) Review by Inspector General of Intelligence Community.—
(1) 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—
(2) ELEMENTS.—The review under paragraph (1) shall include the following:
(A) 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.
(B) 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.
(C) An assessment of the timeliness and completion rates of the reviews of confidential human sources under the program.
(b) Requirement.—Beginning not later than 180 days after the date of the enactment of this Act, with respect to any confidential human source the management of which is funded through the National Intelligence Program—
(1) if an agent of the Federal Bureau of Investigation has reasonable grounds to believe that such a confidential human source, or any immediate family member of such a source, has engaged in unauthorized criminal activity, including any misdemeanor or felony crime, the agent shall promptly notify a confidential human source coordinator or the assigned Federal prosecutor; and
(c) Definitions.—In this section:
(1) IMMEDIATE FAMILY MEMBER.—The term “immediate family member” means, with respect to an individual, a spouse, domestic partner, parent, sibling, child, stepparent, stepsibling, or stepchild of the individual.
(2) NATIONAL INTELLIGENCE PROGRAM.—The term “National Intelligence Program” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(a) Assessment.—
(1) REQUIREMENT.—The Inspector General of the Intelligence Community shall conduct an assessment of the Overt Human Intelligence Collection Program administered by the Under Secretary of Homeland Security for Intelligence and Analysis.
(2) ELEMENTS.—The assessment under paragraph (1) shall include findings and, as appropriate, recommendations on the following:
(A) Whether the Overt Human Intelligence Collection Program is authorized or otherwise supported by legal authorities.
(B) Whether, and to what extent, such Program has provided valuable insights on national intelligence priorities and intelligence priorities of the Department of Homeland Security.
(C) Whether there is sufficient training provided to, and sufficient oversight provided of, officers and employees of the Office of Intelligence and Analysis of the Department of Homeland Security who conduct interviews or other engagements for intelligence collection purposes under such Program.
(D) Whether the responsibilities, procedures, and requirements for such Program set forth in Policy Instruction 907 of the Office of Intelligence and Analysis, issued on June 29, 2016, (or any successor instruction) are clear, complete, and consistently complied with by such officers and employees.
(E) Whether such Program raises, or, with respect to activities conducted under such Program prior to the date of such assessment, has 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.
(3) BRIEFING.—Not later than 180 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).
(4) REPORT.—Not later than 1 year 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).
(b) Prohibition on availability of funds.—None of the funds authorized to be appropriated by this Act may be made available to the Office of Intelligence and Analysis to conduct or resume a covered activity.
(c) Definition.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the following:
(2) COVERED ACTIVITY.—The term “covered activity” means an activity the conduct of which under the Overt Human Intelligence Collection Program was paused in 2022 (as described in the document submitted to the Permanent Select Committee on Intelligence of the House of Representatives by the Under Secretary of Homeland Security for Intelligence and Analysis, titled “Response to Questions during HPSCI Briefing on March 7, 2023”), involving the conduct by an officer or employee of the Office of Intelligence and Analysis of an interview or other engagement for intelligence collection purposes with an individual, in connection with a criminal matter—
(3) 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).
(4) UNITED STATES PERSON.—The term “United States person” has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(a) 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:
(b) 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:
(1) 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.
(2) 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.
(3) 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.
(c) Submission to Congress.—
(a) 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 congressional intelligence committees an assessment of influence operations by the People’s Republic of China toward Pacific Islands countries.
(b) Elements.—The intelligence assessment under subsection (a) shall include the following:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) An analysis of how specific Pacific Islands countries are responding to efforts by the People’s Republic of China to increase bilateral engagement.
(6) 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.
(d) Definitions.—In this section:
(a) 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.
(b) Matters included.—The study required under subsection (a) shall include the following:
(1) 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—
(2) 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.
(c) Report.—
(1) 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.
(2) 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.
(d) Eligible entity defined.—In this section, the term “eligible entity” means a federally funded research and development center or nongovernmental entity which has—
(2) experience and expertise relevant to the study required under subsection (a); and
(a) 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 a report on civilian casualties caused by covered operations.
(b) Elements.—Each report under subsection (a) shall include, for the year covered by the report, each of the following:
(1) A list identifying each covered operation during that year that has resulted in civilian casualties that the Director of National Intelligence has confirmed.
(2) An identification of the total number of civilian casualties resulting from covered operations during that year that the Director of National Intelligence has confirmed.
(a) Report on Uyghur genocide.—
(1) 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 congressional intelligence committees a report on the Uyghur genocide.
(2) MATTERS.—The report under paragraph (1) shall address the following matters:
(D) 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—
(F) Any other actions that infringe on the rights of Uyghurs to live freely in accordance with their customs, culture, and religious practices.
(b) Definitions.—In this section, the terms “congressional intelligence committees”, “intelligence”, “intelligence community”, and “national intelligence” have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(a) National Security Act of 1947.—The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
(1) in section 102A(n) (50 U.S.C. 3024(n)) by redesignating the second paragraph (5) as paragraph (6);
(2) in section 503(c)(3) (50 U.S.C. 3093(c)(3)), by striking “section” and inserting “subsection”;
(3) 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
(4) in section 1102A (50 U.S.C. 3232a)—
(b) Intelligence Authorization Act for Fiscal Year 2023.—The Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263) is amended—
(1) in section 6422(b) (50 U.S.C. 3334l(b)), by striking “Congressional” and inserting “congressional”; and
(2) in section 6732(b) (50 U.S.C. 3024 note; 136 Stat. 3583), by striking “paragraph (5)” and inserting “paragraph (6)”.
(c) 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—
(1) in section 802(j)(6) (50 U.S.C. 1902(j)(6))—
(2) in section 803(d)(9)(D) (50 U.S.C. 1903(d)(9)(D)), by striking “Local” and inserting “local”; and
(3) in section 808(4)(A) (50 U.S.C. 1908(4)(A)), by striking “a agency” and inserting “an agency”.
(d) Central Intelligence Agency Retirement Act.—The Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) is amended—
(1) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by striking “subsection 241(c)” and inserting “section 241(c)”;
(2) in section 263(g)(1) (50 U.S.C. 2093(g)(1)), by striking “Fund” and inserting “fund”;
(3) in section 271(b) (50 U.S.C. 2111(b)), by striking “section 231(b)” and inserting “section 231(c)”; and
(4) in section 304(c) (50 U.S.C. 2154(c))—
(e) 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—
(f) Intelligence Authorization Act for Fiscal Year 2003.—The Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat. 2383) is amended—
(1) in section 313(d)(3)(B) (50 U.S.C. 3361(d)(3)(B)), by adding a period at the end; and
(2) in section 343(d)(1) (50 U.S.C. 3363(d)(1)), by striking “Not later then” and inserting “Not later than”.
(g) Central Intelligence Agency Act of 1949.—The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended—
(1) in section 4—
(A) in subsection (a)(1)(E) (50 U.S.C. 3505(a)(1)(E)), by striking the period at the end and inserting “; and”; and
(B) in subsection (b)(2) (50 U.S.C. 3505(b)(2)), by striking “authorized by section” and inserting “authorized by sections”;
(2) in section 6 (50 U.S.C. 3507), by striking “or of the, names” and inserting “or of the names”;
(3) in section 12(a)(2)(A) (50 U.S.C. 3512(a)(2)(A)), by striking “used only for—"” and inserting “used only for—”;
(4) in section 17—
(A) in subsection (d)(5)(B)(ii) (50 U.S.C. 3517(d)(5)(B)(ii)), by adding a period at the end; and
(B) 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
(5) in section 19(a)(2) (50 U.S.C. 3519(a)(2)), by striking “, as a participant” and inserting “as a participant”.
(h) 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.
(i) 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”.
(j) 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”.
Section 431(a) of title 10, United States Code, is amended by striking “December 31, 2023” and inserting “December 31, 2024”.
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—
(a) Use of appropriated funds.—The Director of the Defense Intelligence Agency may use not more than $10,000,000 of appropriated funds available to the Defense Intelligence Agency for each fiscal year to pay for the expenses of partnerships with foreign countries, regional organizations with defense, intelligence, or security components, and security alliances of which the United States is a member for military intelligence collection and analysis activities.
(b) Use of funds other than appropriated funds.—Notwithstanding any other provision of law, the Director may use funds other than appropriated funds to pay for the expenses of partnerships with foreign countries, regional organizations with defense or security components, and security alliances of which the United States is a member for military intelligence collection and analysis activities, except that—
(1) no such funds may be expended, in whole or in part, by or for the benefit of the Defense Intelligence Agency for a purpose for which Congress had previously denied funds;
(c) Logistic support, supplies, and services.—Notwithstanding any other provision of law, the Director may exercise the authority under this section to pay for, or otherwise facilitate, the logistic support, supplies, and services associated with partnerships with foreign countries, regional organizations with defense or security components, and security alliances of which the United States is a member.
(d) Coordination with Secretary of State.—The Director of the Defense Intelligence Agency shall coordinate the military intelligence collection and analysis activities funded pursuant to this section with the Secretary of State.
(e) Coordination with Director of National Intelligence.—The Director of the Defense Intelligence Agency shall coordinate the military intelligence collection and analysis activities funded pursuant to this section with the Director of National Intelligence.
(f) Sunset.—
(g) Military intelligence collection and analysis activity defined.—In this section, the term “military intelligence collection and analysis activity” means—
(2) the collection, processing, exploitation, analysis, and dissemination of all-source intelligence;
(a) Authority.—Notwithstanding any other provision of law prohibiting the establishment of a field operating agency, the Secretary of the Air Force may establish the National Space Intelligence Center as a field operating agency of the Space Force to analyze and produce scientific and technical intelligence on space-based and counterspace threats from foreign adversaries.
(b) Requirement.—If the Secretary of the Air Force decides to establish the National Space Intelligence Center as a field operating agency, the Secretary shall consider the operational and geographical benefits provided by co-locating the National Space Intelligence Center with the National Air and Space Intelligence Center.
(a) 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—
(b) 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:
(d) 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.
Not less frequently than once each quarter, the Secretary of Defense shall provide to the Permanent Select Committee on Intelligence of the House of Representatives a briefing on—
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 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).
Section 6309 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(2) 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.”.
(a) 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.
(b) 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.
(c) Staffing of cross-functional team by certain elements.—
(1) STAFFING.—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).
(2) 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).
(a) 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 congressional intelligence committees 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—
(1) the number and value of all task orders issued under such contract, broken down by vendor, for each element of the intelligence community;
(b) Data sharing.—The head of each element of the intelligence community shall share such data with the Director of the Central Intelligence Agency as the Director determines necessary to prepare the notification required under subsection (a).
(c) 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.
(a) 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 congressional intelligence committees 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.
(b) Contents.—Each notification required under subsection (a) shall include, with respect to the task order concerned—
(c) 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.
(a) 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—
(b) Elements.—The analysis conducted under subsection (a) shall include—
(1) 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;
(2) 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;
Section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517) is amended by adding at the end the following new subsection:
“(i) Quarterly employee engagement summaries.— (1) Not later than 30 days after the last day of each fiscal quarter, the Inspector General shall provide to the appropriate congressional committees a summary of the engagement of Agency employees with the Inspector General during that quarter.
“(2) Each summary required under paragraph (1) shall include each of the following for the quarter covered by the summary:
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 amounts—
“(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 amounts required in that fiscal year to make payments under paragraph (2).”.
(a) 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.
(b) Responsibilities of Director.—The Director of the Central Intelligence Agency shall—
(1) 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;
(2) develop appropriate certification courses that are designed to educate, train, and certify Agency personnel in—
(c) Training and familiarization courses.—
(1) IN GENERAL.—The head of the Institute shall—
(2) 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, for a general education on counterintelligence threats, briefings on specific topics, or other training related to counterintelligence:
(d) Baseline certification course.—
(1) 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.
(2) 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.
(a) 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 congressional intelligence committees an intelligence assessment on the transnational criminal organizations known as the Sinaloa Cartel and the Jalisco Cartel.
(b) 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:
(1) The key leaders, organizational structure, subgroups, presence in the states within Mexico, and cross-border illicit drug smuggling routes (beginning in Mexico and ending in the United States) of the transnational criminal organization.
(2) 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.
(3) The main suppliers based in China, and the main brokers based in Mexico, that supply the transnational criminal organization with precursor chemicals and equipment used in the production of synthetic drugs.
(4) 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.
(5) 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.
(a) 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 in the Middle East in ways that are detrimental to the national security interests of the United States.
(b) Elements.—The intelligence assessment required under subsection (a) shall include the following:
(1) A summary of the key relationships that the People’s Republic of China has developed, or is seeking to develop, with countries 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.
(2) A description of the relationship between the People’s Republic of China and Iran, including in the areas of security cooperation and intelligence sharing.
(3) An identification of the countries in the Middle East in which the People’s Republic of China has established, or is seeking to establish, an intelligence presence or intelligence partnerships.
(c) Form.—The intelligence assessment required under subsection (a) may be submitted in classified form.
(a) 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—
(b) 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).
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(2) 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.
(a) 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 congressional intelligence committees 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.
(b) Elements.—The assessment under subsection (a) shall include, with respect to the agreements referred to in such subsection, the following:
(1) 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.
(2) 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.
(3) 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) Sense of Congress.—It is the sense of Congress that—
(1) sexual assault and sexual harassment arise from, and are often indicative of, an environment where toxic, provocative, and sometimes significantly inappropriate behavior is tolerated;
(2) 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;
(3) 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
(b) Sex-related offenses 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. Sex-related offenses 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 sex-related offenses and sexual harassment.
“(2) Developing and implementing policies and procedures to protect the confidentiality of employees who report sex-related offenses 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 sex-related offense or sexual harassment to be put in place while an investigation proceeds;
“(B) appropriate employee consequences to be imposed as a result of an inquiry or investigation into a substantiated allegation of a sex-related offense or sexual harassment;
“(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 sex-related offenses 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, sex-related offenses or sexual harassment globally.
“(6) Developing and implementing sex-related offense and sexual harassment training for all Agency employees that—
“(A) is designed to strengthen individual knowledge, skills, and capacity to prevent and respond to sex-related offenses and sexual harassment;
“(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 reporting mechanisms in all training environments; and
“(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 sex-related offenses or sexual harassment.
“(9) Developing and implementing procedures under which current and former employees of the Agency are able to obtain documents and records, as appropriate and upon request, that are related to a report of an allegation of a sex-related offense or sexual harassment.
“(10) Developing and implementing procedures under which an employee who makes a restricted or unrestricted report containing an allegation of a sex-related offense 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 ensure that an employee who makes a restricted report maintains the privilege against disclosure, strict confidentiality, and with such employee maintaining full control over all decisions related to any further dissemination of the report.
“(b) Biannual report.—Not less frequently than once every 180 days, the Director shall submit to the appropriate congressional committees a report on the activities of the Office of Equal Employment Opportunity and the Sexual Assault Prevention and Response Office during the period covered by the report. 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—
“(c) Applicability.—The policies developed pursuant to this section shall apply to each of the following:
(c) Victim and Whistleblower Counsel.—Such Act is further amended by adding at the end the following new section:
“SEC. 31. Victim and Whistleblower Counsel.
“(a) Establishment.—The Director shall establish an Office of the Victim and Whistleblower Counsel. The head of the Office shall be the Victim and Whistleblower Counsel who shall report directly to the Chief Operating Officer of the Agency. The Office shall have the authority of an independent office within the Agency.
“(b) Responsibilities.—The Victim and Whistleblower Counsel shall carry out the following responsibilities:
“(1) Providing legal assistance and consultation to employees of the Agency who are victims of alleged sex-related offenses or sexual harassment, regardless of whether the report of that offense is restricted or unrestricted.
“(2) Acting as the primary point of contact and entry point for Agency employees with respect to all allegations of, or concerns regarding, sex-related offenses and sexual harassment.
“(3) Managing the victim advocacy activities of the Agency for employees reporting sex-related offenses or sexual harassment.
“(4) Maintaining, and making 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.
“(c) Rule of construction.—The inclusion of any person on a list maintained or made available pursuant to subsection (b)(4) shall not be construed as an endorsement of such person (or any service furnished by such person), and the Victim and Whistleblower Counsel shall not be liable, as a result of such inclusion, for any portion of compensable injury, loss, or damage attributable to such person or service.
(d) Reporting and investigation of allegations of sex-related offenses and sexual harassment.—Such Act is further amended by adding at the end the following new section:
“SEC. 32. Reporting and investigation of allegations of sex-related offenses and sexual harassment.
“(a) Policies relating to restricted and unrestricted reporting of sex-related offenses and harassment.—
“(1) IN GENERAL.—The Director shall develop and implement policies, regulations, personnel training, and workforce messaging to establish and provide information about restricted reports and unrestricted reports of allegations of sex-related offenses and sexual harassment within the Agency in accordance with this subsection.
“(2) WORKFORCE MESSAGING.—Workforce messaging developed under paragraph (1) shall be designed to clearly inform Agency employees of the differences between restricted and unrestricted reporting of allegations of sex-related offenses and sexual harassment, and which individual or office within the Agency is responsible for receiving each type of report.
“(b) Election.—Any person making a report containing an allegation of a sex-related offense 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) DISCLOSURE; ASSISTANCE.—A person who elects to make an unrestricted report containing an allegation of a sex-related offense or sexual harassment may disclose the report to any employee of the Agency. A person who elects to make an unrestricted report containing an allegation of a sex-related offense 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 a sex-related offense or sexual harassment shall submit the report to the Office of the Victim and Whistleblower Counsel. In the case of a person making an unrestricted report of sexual harassment, the Victim and Whistleblower Counsel shall facilitate the contact by the person with the Office of Equal Employment Opportunity. In the case of a person making an unrestricted report of a sex-related offense other than sexual harassment, the Victim and Whistleblower Counsel shall facilitate the contact of such person with the Sexual Assault Prevention and Response Office.
“(d) Restricted reports.—
“(1) PROCESS FOR MAKING REPORTS.—A person who elects to make a restricted report containing an allegation of a sex-related offense or sexual harassment shall submit the report to a person authorized to receive a restricted report under paragraph (2).
“(2) PERSON AUTHORIZED TO RECEIVE A RESTRICTED REPORT.—The following individuals are persons authorized to receive a restricted report:
“(3) ACTION REQUIRED.—A restricted report containing an allegation of a sex-related offense or sexual harassment—
“(A) shall be treated by the person who receives the report in the same manner as a communication covered by attorney-client privilege;
“(B) shall be privileged against disclosure with strict confidentiality and with the person making the report maintaining full control over all decisions related to any further dissemination, except in cases of an imminent threat of serious bodily harm;
“(C) 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;
“(D) 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; and
“(E) 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, and section 1.6(b) of Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities), except when reporting is necessary to prevent or mitigate an imminent threat of serious bodily harm.
“(e) 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) in the case of an unrestricted report of—
“(2) PURPOSE.—The purpose of an incident report required under paragraph (1) is to—
“(3) ELEMENTS.—Each incident report required under paragraph (1) shall include each of the following:
“(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.
“(f) Common perpetrator notice requirement.—
“(1) UNRESTRICTED REPORTS.—Upon receipt of an incident report under subsection (e)(1) containing an allegation of a sex-related offense or sexual harassment against an individual known to be the subject of at least one allegation of a sex-related offense or sexual harassment by another reporter, the Special Victim Investigator shall notify each of the following of all existing allegations against the individual:
“(2) RESTRICTED REPORTS.—Upon receipt of a restricted report under subsection (d), the Victim and Whistleblower Counsel shall notify any victim known to have filed a restricted report against the same individual who is the subject of the report under paragraph (1) that another allegation has been made against the individual who is the subject of the report under paragraph (1).
“(g) Applicability.—The policies developed pursuant to this section shall apply to each of the following:
(e) Special Victim Investigator.—Such Act is further amended by adding at the end the following new section:
“SEC. 33. Special Victim Investigator.
“(a) Establishment.—The Director shall establish in the Office of Security a Special Victim Investigator, who shall be responsible for investigating all unrestricted reports containing allegations of sex-related offenses other than sexual harassment and supporting, as appropriate, the Office of Equal Employment Opportunity with investigating formal complaints containing allegations of sexual harassment. The person appointed as the Investigator shall be an appropriately credentialed Federal law enforcement officer and may be a detailee from a Federal law enforcement entity.
“(b) Responsibilities.—The Investigator shall be responsible for—
“(1) supporting the Office of Equal Employment Opportunity with investigations into formal complaints containing allegations of sexual harassment, as appropriate;
“(2) investigating unrestricted reports containing allegations of sex-related offenses, including the conduct and management of all internal Agency inquiries, investigations, and other fact-finding activities related to specific allegations of sex-related offenses;
“(5) supporting engagement with law enforcement relating to such allegations, where appropriate, including coordinating related cases 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, for any such inquiries, investigations, or other fact-finding activities;
“(6) developing and implementing policies and procedures necessary for the Investigator or any law enforcement partner to conduct effective investigations and also protect sensitive information;
“(7) serving as the only authorized investigative body in the Agency for allegations of sex-related offenses, except that, in the case of an allegation of a sex-related offense involving an employee of the Office of Security, the Investigator shall coordinate with appropriate criminal investigators who are detailed to the Agency for other missions or employed by another Federal law enforcement entity, as necessary, to maintain the integrity of the investigation and mitigate potential conflicts of interest;
“(c) Timeframe for investigations.—The Investigator shall—
“(1) ensure that any investigative support for a formal complaint containing allegations of sexual harassment shall occur within any investigation timelines required by applicable law;
“(2) ensure that any investigation into an allegation of a sex-related offense contained in an unrestricted report is completed by not later than 60 days after the date on which the report is referred to the Investigator under section 32(e)(1); and
“(3) if the 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 Investigator under section 32(e)(1), 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
(f) Implementation and reporting requirements.—
(1) 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—
(A) establish the Office of the Victim and Whistleblower Counsel, as required by section 31 of the Central Intelligence Agency Act of 1949, as added by subsection (c);
(B) establish and implement the policies required under sections 30 and 32 of the Central Intelligence Agency Act of 1949, as added by subsections (b) and (d), respectively;
(C) consolidate the responsibilities of the Director under such sections 30 and 32 in a single Office, as determined by the Director; and
(D) establish the Special Victim Investigator, as required by section 33 of the Central Intelligence Agency Act of 1949, as added by subsection (e).
(2) REPORT.—
(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, and 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.
(a) 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):
“SEC. 103L. Intelligence Community Innovation Unit.
“(a) Establishment.—The Director of National Intelligence shall establish within the Office of the Director of National Intelligence a unit to be known as the ‘Intelligence Community Innovation Unit’ (in this section referred to as the ‘Unit’).
“(b) Duties.—The duties of the Unit shall be as follows:
“(1) To identify and evaluate commercial emerging technologies for potential adoption by the intelligence community to fulfill critical mission needs.
“(2) To assist the heads of the elements of the intelligence community in identifying commercial emerging technologies and associated capabilities to address critical mission needs of that element.
“(3) To provide to the heads of the elements of the intelligence community seeking to field commercial emerging technologies technical expertise with respect to such technologies.
“(5) To facilitate the transition of potential solutions to critical mission needs of the intelligence community from research and prototype projects to production.
“(6) To serve as a liaison between the intelligence community and the private sector (with a focus on small- and medium-sized companies and other organizations that do not have significant experience engaging with the intelligence community) to fulfill the duties listed in paragraphs (1) through (5), in coordination with the head of the Office of Engagement established under section 122.
“(c) Director of 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—
“(d) 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—
“(e) Prototyping program.—The Director of the Intelligence Community Innovation Unit shall establish a program to transition research and prototype projects to products in a production stage for the purpose of fulfilling critical mission needs of the intelligence community (in this subsection referred to as the ‘program’), including by designating projects as Emerging Technology Transition Projects under section 6713 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 3024 note; 136 Stat. 3568).
“(f) 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.
“(g) Emerging technology defined.—In this section, 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; 136 Stat. 3561).”.
(b) 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; 136 Stat. 3561) is amended by striking “during the 10-year period beginning on January 1, 2022” and inserting “during the subsequent 10-year period”.
(c) Deadline for establishment.—Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall establish the Intelligence Community Innovation Unit.
(d) Plan and briefings.—
(1) 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 Intelligence Community Innovation Unit.
(2) BRIEFINGS.—Not later than 180 days after the date of the enactment of this Act, and on a biannual 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.
(e) Definitions.—In this section:
(a) 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.
“(c) Duties.—The duties of the Office shall be as follows:
“(1) To coordinate and facilitate across the elements of the intelligence community efforts regarding outreach, relationship development, and associated knowledge and relationship management, with covered entities.
“(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.”.
(b) Deadline.—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.
(c) Plan and briefings.—
(1) 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.
(2) 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 a briefing on the status of the Office, including with respect to the staffing levels, activities, and fulfilment of duties of the Office.
(a) Requirement.—Notwithstanding any provision of law to the contrary, consistent with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any successor thereto, and subject to the limitations described in subsection (b)—
(1) 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;
(2) 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—
(B) 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 such an Executive Order (without requiring an additional investigation to be conducted under subparagraph (A)(i)); and
(b) Limitations.—The limitations described in this subsection are as follows:
(1) LIMITATION ON NUMBER DESIGNATED PER CONTRACT.—The additional number designated by an entity under subsection (a) for each covered contract or agreement may not exceed the greater of the following:
(2) LIMITATION ON NUMBER DESIGNATED PER ENTITY.—The total additional number designated by an entity under subsection (a) may not exceed the greater of the following:
(c) Prohibition.—No application for a security clearance may be submitted by a covered person of an entity or granted pursuant to subsection (a) in excess of the limitations under subsection (b) applicable to such entity.
(d) Costs.—
(1) AUTHORITY TO CHARGE AND COLLECT.—The head of each element of the intelligence community may charge fees or collect amounts to cover the exact costs associated with granting or maintaining a security clearance an application for which is submitted to the head pursuant to subsection (a)(1).
(e) Applicability.—The requirement under subsection (a) shall apply with respect to contracts and other agreements entered into on or after the date of the enactment of this Act.
(f) 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.
(g) Definitions.—In this section:
(1) 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.
(a) Establishment of Intelligence Innovation Board.—There is established a board to be known as the Intelligence Innovation Board (in this section referred to as the “Board”).
(b) Purpose.—The purpose of the Board is to provide to the Director of National Intelligence, the heads of the other elements of the intelligence community, and the congressional intelligence committees 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.
(c) Membership.—
(1) 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—
(2) QUALIFICATIONS.—The qualifications described in this paragraph are the following:
(A) A proven track record of sound judgment in leading or governing a large and complex private sector corporation or organization.
(B) 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)).
(3) 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.
(4) 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 of such appointment in writing.
(5) TERMS.—
(A) IN GENERAL.—Except as provided in subparagraph (B), each member of the Board shall be appointed for a term of 2 years.
(B) 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.
(6) PROHIBITION ON COMPENSATION.—Except as provided in paragraph (7), members of the Board shall serve without pay.
(7) TRAVEL EXPENSES.—Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(d) Staff.—
(1) COMPOSITION.—The Board shall be composed of 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.
(2) 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.
(e) Contract authority.—The Board may contract with and compensate government and private agencies or persons to enable the Board to carry out its purpose and duties under this section, without regard to section 6101 of title 41, United States Code.
(f) Reports.—
(1) 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 a report on the activities of the Board, which shall include, with respect to the period covered by the report, the following:
(A) An assessment of the efforts of the intelligence community taken during such period to accelerate the adoption of emerging technologies by the intelligence community, including such efforts taken with respect to the culture, organizational structures, processes, or functions of the intelligence community.
(g) Nonapplicability of certain requirements.—Chapter 10 of title 5, United States Code, (commonly known as the “Federal Advisory Committee Act”) shall not apply to the Board.
(a) Program establishment.—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.
(b) 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:
(1) 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.
(2) Efforts to—
(A) overcome challenges with engineering and applied research of microelectronics, including with respect to the physical limits on transistors, electrical interconnects, and memory elements;
(c) Collaboration and Partnerships.—In carrying out the program established under subsection (a), the Director of National Intelligence shall actively collaborate with relevant Government agencies, academic institutions, and private industry to leverage expertise and resources in conducting research.
(d) 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 award contracts and grants, and to enter into transactions other than contracts, to carry out the program established under subsection (a).
(a) 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.
(a) Sense of Congress.—It is the sense of Congress that—
(1) 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;
(2) commercial remote sensing capabilities complement and augment dedicated Government remote sensing capabilities, both when integrated into Government architectures and leveraged as stand-alone services;
(3) 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
(b) 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:
(1) 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.
(c) 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.
(d) Report.—
(1) 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).
(a) Requirement.—Not later than 120 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 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.
(b) Elements.—The briefing required under subsection (a) shall include—
(1) a determination by the Director as to—
(A) 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
(2) with respect to the determination under paragraph (1)—
(A) 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
Union Calendar No. 129 | |||||
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[Report No. 118–162] | |||||
A BILL | |||||
To authorize appropriations for fiscal year 2024 for intelligence and intelligence related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. | |||||
August 18, 2023 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |